[Rev. 5/3/2022 8:18:55 PM]
κ1887 Statutes of Nevada, Page 13κ
LAWS OF THE STATE OF NEVADA,
passed at the
THIRTEENTH SESSION OF THE LEGISLATURE
1887.
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Chapter IAn Act to create a Legislative Fund.
[Approved January 6, 1887.]
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 fifty-five thousand 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 allowance, compensation and incidental expenses of the respective houses, when properly certified to him in accordance to law, and the State Treasurer is hereby authorized and required to pay the same. Sec. 3. All moneys remaining in said fund at the adjournment of the Legislature shall revert to the General Fund. |
State Legislative Fund created.
How to be disbursed.
Remaining moneys to revert. |
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κ1887 Statutes of Nevada, Page 14κ
County Commissioners authorized to issue bonds.
When bonds are null and void.
How bonds shall be printed on face. |
Chap. II.An Act to encourage the construction of railways.
[Approved January 15, 1887.]
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, whenever, within five years after the passage of this Act, any person or company shall have completed the construction of a first-class iron railway, of either broad or narrow gauge, fully 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 seven 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 live or validity shall not be prolonged beyond that time by judgment of court nor by any other means. 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 seven 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 by said bond is then wholly discharged by lapse of time according to agreement. He shall sign said agreement, which shall also include in default of returning the bond or certificate a payment to the County Treasurer of one hundred dollars, and his successor or his successors shall be held for the same. There shall be printed upon the face of each bond, in conspicuous plain black letters, the words Without value after seven years, and in smaller type the words This bond is not negotiable, it becomes null and void after seven 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 seven years, that this bond shall be returned to the Treasurer of Lincoln county, or if it be lost or destroyed to give to the said Treasurer a certificate to that effect, |
κ1887 Statutes of Nevada, Page 15 (CHAPTER 2)κ
to give to the said Treasurer a certificate to that effect, which certificate shall also acknowledge the nullity or death of this bond, or, in default thereof, pay to said Treasurer one hundred dollars, lawful money of the United States, at the end of which shall follow the signature of the accepting party. 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. The Treasurer shall pay them in the order in which they are drawn, paying one bond, on presentation, and cancelling the same whenever there shall be two thousand dollars or more in the Railway Fund. And in case at the end of seven 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 cancelling the same. Sec. 4. The Railway Fund of Lincoln county is hereby created. It shall consist of all the money paid into the county treasury for taxes by the person or company receiving the bonds hereinbefore described (after receiving said bonds) upon aforesaid railway rolling stock and repair shops, except the proportion of said money applicable for school purposes and the State tax, and shall remain in existence for seven years from the time of the issuance of said bonds, at the end of which time it shall cease to exist, the surplus after paying the bonds, if any remain, to be immediately turned over to the General County Fund. No money shall ever be paid into said Railway Fund from any other fund of the county, nor from any other source than the one source of taxes herein described. It shall be reserved for the payment of aforesaid bonds, except that in case of resistance or delay in the payment of taxes by the party receiving them, or the parties to whom said railway rolling stock and repair shops are assessed, the legal and other necessary and actual expenses of the county in collecting said taxes shall be drawn by a warrant of the County Auditor on the County Treasurer, which warrant the County Auditor is hereby authorized to draw on the order of the Board of County Commissioners. 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 months 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 said 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. Third-The Board shall then, at its next regular meeting, |
How the Treasurer shall pay.
Creation of railway fund.
Duties of Board of County Commissioners. |
κ1887 Statutes of Nevada, Page 16 (CHAPTER 2)κ
Repeal. |
its next regular meeting, provided no irregularities shall have appeared, sign an agreement to the following effect: We, the Board of County 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, approved [here give date of approval of Act] or in default thereof to pay to said [here give name again] his or their successors, the full amount that said bonds would aggregate, on completion of a railway in the county of Lincoln according to the provisions of said Act. Sec. 6. The provisions of this Act shall apply to as many persons or companies as may comply with them. Sec. 7. All Acts and parts of Acts in so far as they may conflict with the provisions of this Act are hereby repealed. |
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Transfer of money.
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Chap. III.An Act to transfer money from the General Fund of the State to the Soldiers Fund, to meet payment of an outstanding warrant.
[Approved January 17, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Controller and State Treasurer are hereby authorized and directed to transfer eleven dollars and thirty-three cents ($11 33-100) from the General Fund of the State to the Soldiers Fund, for warrant regularly drawn on said fund August seventh, eighteen hundred and sixty-five, in favor of James Williams, Company B, Cavalry, and now presented for payment. |
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Act repealed.
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Chap. IV.An Act to repeal an Act entitled An Act to promote habits of temperance, and to prohibit the practice of treating, approved March 18, 1885.
[Approved January 17, 1887.]
The people of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Act entitled An Act to promote habits of temperance, and to prohibit the practice of treating, approved March eighteenth, eighteen hundred and eighty-five, is hereby repealed. |
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κ1887 Statutes of Nevada, Page 17κ
Chap. V.An Act to amend an Act entitled An Act to provide for the safe keeping of the securities of the State School Fund, approved February 21, 1871.
[Approved January 18, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said above mentioned Act is hereby amended so as to read as follows: Section four. It is hereby made the duty of the State Controller quarterly, to notify the State Board of Education of the amount of money in the State School Fund, and whenever there shall be a sum in said fund sufficient for investment said board shall direct the State Treasurer to negotiate for investment of the same in United States securities, or in the bonds of this State, or in the bonds of other States, at the lowest purchasable rates and the board shall then draw their order upon the Controller in favor of the State Treasurer for the amount to be invested. Said Controller shall thereupon draw his warrant as directed and the State Treasurer shall complete the purchase of the securities negotiated for him in pursuance of this Act. |
Investment of securities
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Chap. VI.An Act to provide for the payment of certain indebtedness accrued and to accrue, of Nye county.
[Approved January 19, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Commissioners of Nye county are hereby authorized and directed to create in the treasury of said county a fund, to be known as the Redemption Fund. Sec. 2. The said fund shall be created in the following manner: Immediately after the approval of this Act the said board, by their order duly made and entered upon the record of their proceedings, shall cause the Treasurer of said county to set apart as the basis of such fund, twenty-five per cent. of all moneys in the General Fund of the county at the date of such approval; and to this fund they shall, in like manner, cause the said Treasurer to transfer twenty-five per cent. of all moneys thereafter paid into said General Fund as rapidly as the same shall be received. The Treasurer of said county is hereby expressly prohibited from paying out any portion of the moneys hereby directed to be set apart and transferred, except in the manner and for the purposes hereinafter provide. |
Commissioners authorized.
Fund created. |
κ1887 Statutes of Nevada, Page 18 (CHAPTER 6)κ
Notice to be given.
Sealed proposals opened.
Description of certificates.
Preference given. |
the moneys hereby directed to be set apart and transferred, except in the manner and for the purposes hereinafter provide. Sec. 3. Whenever at any time there shall be in said Redemption Fund the sum of five hundred dollars or more, it shall be the duty of said Treasurer to give twenty days notice by advertising, in a newspaper published at the county seat of said county, and by posting at the door of the court house thereof, that sealed proposals directed to him, will be received for the surrender of county certificates of indebtedness on the General Fund of said county, pursuant to the provisions of this Act, and that said sealed proposals will be so received by him until the regular meeting of the Board of Commissioners of said county to be held next, after the expiration of said twenty days. Sec. 4. On the first day of such regular meeting of said board at the office of said County Treasurer, and in the presence of said Treasurer and the Auditor of said county, the said Commissioners shall open all sealed proposals theretofore received under the provisions of the preceding section, and they shall then and there accept the lowest bid or bids for the surrender of county certificates of indebtedness as in said section defined; provided, that no bid for more that the par value of any certificate offered shall be accepted, nor any bid whatever, unless accompanied by the certificate or certificates proposed to be surrendered; and provided further, that the said board may, if they deem it for the best interests of the county, reject any or all bids, and when necessary, direct the Treasurer to re-advertise; and provided still further, that nothing in this section shall be so construed as to relieve the County Treasurer from the obligation to advertise as provided in Section three of this Act. Sec. 5. When any bid or bids are accepted, the County Treasurer and County Auditor shall each take a description of the certificate or certificates of indebtedness to be redeemed, specifying the amount to be paid for each certificate surrendered, the date, number and amount thereof, and make a record of the same in their respective offices; and the Board of County Commissioners shall, by an order entered upon their minutes, direct the County Treasurer to purchase the certificate or certificates of indebtedness designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid. All certificates of indebtedness so redeemed shall be cancelled by the County Treasurer, who shall write across the face thereof in red ink purchased and redeemed, adding thereto the time when, and the amount paid therefor, and signing the same officially. The order of the Board of Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to priority of date of allowance, and to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of indebtedness for the least sum of money. |
κ1887 Statutes of Nevada, Page 19 (CHAPTER 6)κ
amount of indebtedness for the least sum of money. The bids and amounts of certificates of indebtedness being equal, each shall be accepted and paid pro rata as nearly as possible. The County Treasurer shall keep a separate account under the heading of Redemption Fund, of all moneys received into the said fund, and of all moneys paid out of said fund, and when and to whom paid. The County Treasurer shall also on the register of county certificates of indebtedness kept by him, write opposite each certificate redeemed under the provisions of this Act, the word purchased, when, and the amount paid therefor. Sec. 6. All officers of said county who shall render any service under the provisions of this Act, shall do so free of charge or fee. Sec. 7. All Acts or parts of Acts in so far as they conflict with the provisions of this Act are hereby repealed. |
No Fee
Repeal |
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Chap. VII.An Act to amend Section thirteen of an Act entitled An Act supplemental to an Act entitled an Act to provide for the maintenance and supervision of public schools, approved March 20, 1865; approved March 8, 1867; approved March 5, 1869; approved March 7, 1873; approved March 5, 1877; approved February 24, 1879; approved February 28, 1881; approved March 12, 1885.
[Approved January 20, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of the above entitled Act is hereby amended so as to read as follows: Section thirteen. No school district shall be entitled to receive moneys from the county funds unless there shall be residing in the district at least five school census children. |
Five children to reside. |
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κ1887 Statutes of Nevada, Page 20κ
Regulates fees.
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Chap. VIII.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 11, 1885.
[Approved January 20, 1887.]
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 twelve. The Sheriff of Douglas county shall receive such fees as are allowed by law under the provisions of an Act to regulate fees and compensations for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five; the County clerk shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five; The Recorder, as ex-officio Auditor, shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five, and such other compensation as is allowed by law, except that from and after December, A. D. 1888, he shall receive as salary only fifty dollars per month, instead of one hundred dollars as heretofore; the Treasurer shall receive eight hundred dollars per annum; the Assessor shall receive seven hundred dollars per annum; the District Attorney shall receive eight hundred dollars per annum, and such other fees and compensation as is provided by law; the Superintendent of Schools shall receive two hundred and fifty dollars per annum; the County Commissioners shall each receive two hundred and fifty dollars per annum, and such mileage as is now allowed by law. |
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District Judges to reside. |
Chap. IX.An Act to amend Section eight of an Act entitled An Act to redistrict the State of Nevada, prescribe the number and salaries of District Judges, and to fix the places of holding courts, approved March 4, 1885.
[Approved January 21, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eight of said Act is hereby amended so as to read as follows: Section eight. One of the District Judges shall reside, during his term of office, at Eureka, Eureka county, or at Austin, Lander county. One of the District Judges shall reside at Reno, Washoe county, or at Winnemucca, Humboldt county, or at Elko, Elko county, and one at Carson City, Ormsby county, or at Virginia City, Storey county. |
κ1887 Statutes of Nevada, Page 21 (CHAPTER 9)κ
at Reno, Washoe county, or at Winnemucca, Humboldt county, or at Elko, Elko county, and one at Carson City, Ormsby county, or at Virginia City, Storey county. Unless the Judges can otherwise agree, it shall be annually determined by lot which of them shall reside at the places designated in this Act. |
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Chap. X.An Act to pay the deficiencies in the appropriations for the years 1885 and 1886.
[Approved January 21, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twelve thousand six hundred and thirty-nine dollars and forty-three cents is hereby appropriated out of any money in the General Fund of the State for the payment of the deficiencies in the appropriations for the years 1885 and 1886, as follows: To George T. Davis $922 95; to Carson & Tahoe Lumber and Flume Company, $489 43; to H. M. Yerington, $466 50; to Mrs. M. D. Hatch, $450 10; to John Rosser, $663 10; to Bullion and Exchange Bank, $669 50; to Jacob Tobriner, $445 75; to H. S. Mason, $220 75; to S. L. Lee, $462 60; to Muller, Schmitt & Company, $946 95; to Charles E. Bray, $49; to Herbert C. Dunn, $29 40; to E. B. Rail, $672 81; to Virginia and Truckee Railroad, $210 59; to M. J. Curtis, $569 50; to D. H. Lentz, $270 74; to John Heritage, $728; to Ouilette & Macabi, $40; to C. Ouilette, $34 50; to Thomas Kieley, $46 50; to Pat McCarthy, $225 75; to V. B. Cross, $354 24; to Hall & Catlin, $795; to C. D. Meder, $40; to M. A, Downey, $37 50; to Olcovich Brothers, $73 80; to H. B. Millard, $111 50; to T. J. Tennant, $50; to Jeff J. Work, $100; to J. M. Benton, $18 60; to C. S. Preble, $49 50; to C. S. Young, $90 10; to William Hall, $44 60; to LeCount Brothers, $135 15; to Cagwin & Noteware, $15 20; to L. H. Bell, $18 10; to W. H. Chedic & Company, $14; to A. C. Hofer & Brother, $9 52; to J. Guion, $10; to D. H. Peterson, $5 88; to M. Cohn, $32; to Joseph Jones, $68 10; to J. W. Robinson, $118 14; to Zehner & Schmidt, $25 25; to Otto T. Schultz, $82 95; to Dies & Leonhard, $113 80; to W. D. Torreyson, $5; to G. C. Thaxter, $19 45; to E. Burlington, $69 15; to Peter Cavanaugh, $8 80; to A. Bergman, $7 50; to Thomas Smith, $52; to Mrs. M. Moran, $45; to John Robertson, $50; to Mrs. D. T. Welkin, $45; to Mrs. M. E. Jones, $75; to Mrs. M. R. Jones, $50; to T. W. Burke, $63 75; to Kersey & Yerington, $193 38; to Carson Daily Index, $360; to California Institute for Deaf, Dumb and Blind, $304 85; to Manning & Jaques, $150; to Alfred Chartz, $133 20. Sec. 2. The sum of $68 80 is hereby appropriated out of any money in the Contingent University Fund of the State for the payment of the deficiencies in the appropriations for the years 1885 and 1886, as follows: |
Appropriations for deficiencies. |
κ1887 Statutes of Nevada, Page 22 (CHAPTER 10)κ
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any money in the Contingent University Fund of the State for the payment of the deficiencies in the appropriations for the years 1885 and 1886, as follows: To L. G. Kendall, $50; to C. W. Clark, $7; to J. F. Aitken, $11 80. Sec. 3. The sum of $10 65 is hereby appropriated out of any money in the Interest Account-90,000-acre grant-of the State for the payment of the deficiencies in the appropriations for the years 1885 and 1886, as follows: To John Taylor & Co., $10 65. Sec. 4. The Sum of $400 is hereby appropriated out of any money in the State School Fund of the State for the payment of the deficiencies in the appropriations for the years 1885 and 1886, as follows: To W. T. Hanford, $125; to H. K. Brown, $150; to W. C. Noteware, $125. Sec. 5. 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. |
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Appointment of janitor.
Compensation.
Controller and Treasurer authorized.
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Chap. XI.An Act providing for the appointment of a janitor for the committee rooms of the Legislature.
[Approved January 25, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State is hereby authorized and directed on the organization of the Legislature at each session thereof, to appoint a janitor for the committee rooms of the Senate and Assembly committees, whose duties shall expire upon the adjournment of each Legislature. Sec. 2. The duties of janitor shall include those of porter. Sec. 3. The compensation shall be four dollars per day, and it shall be payable out of the Legislative Fund, on certificate of service performed, signed by the Speaker and Sergeant-at-Arms of the Senate. Sec. 4. The State Controller is hereby authorized and directed to draw his warrant on said fund for the compensation of said janitor, and the State Treasurer is authorized and directed to pay the same. |
κ1887 Statutes of Nevada, Page 23κ
Chap. XII.An Act to establish and provide for an Indian school.
[Approved January 25, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Indian school, for the purpose of training and educating Indian children, is hereby established in Ormsby county, and H. M. Yerington, Jewett W. Adams and S. L. Lee are hereby appointed a commission for the purposes hereinafter named, to be known as The Indian School Commission. Sec. 2. For the purpose of carrying out the provisions of this Act, it shall be the duty of the County Commissioners of Ormsby county to issue the bonds of said county, in amount not exceeding the sum of ten thousand dollars, in the manner and form hereinafter provided. Said bonds shall be issued at such times and in such amounts as may be required by said commission, and shall be consecutively numbered. Sec. 3. Said bonds shall be payable to bearer at the office of the County Treasurer, in said county, not more than ten years from their date; they shall be prepared in proper form under the direction of the Board of County Commissioners; they shall be signed by the Chairman of the board and countersigned by the Clerk, who shall attach thereto the county seal. Said bonds shall bear interest at the rate of six per cent. per annum, payable annually on the tenth day of December of each year. They shall have proper interest coupons attached thereto, which shall be signed by the Chairman of the board. The first coupon upon each of the bonds shall represent the fractional part of one years interest from the date of its issue to the tenth day of December next ensuing. Said bonds shall be payable in not less than five nor more than ten years from their date, and each bond shall express upon its face that the county of Ormsby may redeem it at its option on the tenth day of any December after five years from its date. Sec. 4. Whenever the County Commissioners shall elect to redeem any bond or bonds, issued in pursuance of this Act, after the same shall have run five years, they shall so notify the County Treasurer, and the County Treasurer shall so notify the party presenting the interest coupon of such bond or bonds for payment, and such notice shall operate to stop the accruing of further interest on such bond, and if the coupon upon any bond or bonds next falling due after such election to redeem, shall not be presented for payment, the interest upon such bond or bonds shall cease without notice; provided, there be funds in the county treasury set apart for the payment of the same. Any such money so set apart shall remain in the treasury for the redemption of such bond or bonds when presented. Said bonds shall be issued in denominations of not less than one hundred dollars, and not more than one thousand dollars, and shall be redeemed in the order of their number. |
Indian school established.
County Commissioners to issue bonds.
Form and payment of bonds.
Redemption of bonds. |
κ1887 Statutes of Nevada, Page 24 (CHAPTER 12)κ
Sale of bonds.
Tax levy for interest and redemption
Investment of proceeds.
Jurisdiction ceded. |
Sec. 5. Said bonds shall be sold by the County Commissioners for not less than their par value, and the proceeds thereof shall be paid over to The Indian School Commission, to be by them expended as hereinafter directed. Sec. 6. The Board of County Commissioners of Ormsby county are hereby authorized and required to levy and collect annually until all the bonds and coupons, issued under the provisions of this Act, have been fully paid or provided for, a tax sufficient to pay the accruing interest and to redeem such of said bonds, after five years from their date, as they may elect to redeem, not exceeding twenty cents in any one year upon each one hundred dollars of the taxable property of Ormsby county, the proceeds of which tax shall be applied exclusively to the payment of the principal and interest of said bonds; provided, that after five years from the first issue of bonds issued under the provisions of this Act at least two thousand dollars of said bonds shall be redeemed annually until all of the bonds are redeemed. The County Treasurer of said county is hereby authorized and directed to pay all said interest coupons as the same fall due, and to redeem said bonds after five years from their date as directed by the Board of County Commissioners. In case there is any surplus of the proceeds of the above mentioned tax, after the payment of interest coupons and the redemption of the bonds as provided, the same shall be paid into the General Fund of the county. Sec. 7. It shall be the duty of said Indian School Commission to expend the proceeds of the sale of the bonds provided for in this Act, for the establishment of a school in Ormsby county for the education of Indian children, and they are hereby authorized and directed to invest all, or any portion thereof that may be necessary, in land and improvements, upon the same, for the use of said school, and for such other purposes as they may deem necessary for said school. Sec. 8. All lands purchased under the provisions of this Act shall be conveyed to said Indian Scholl Commission in trust for the benefit of such school, and in case the United States will accept of the lands so purchased and make appropriations for the support of such school, it shall be the duty of said commission to convey all lands purchased by them under the provisions of this Act to the United States, and turn over all property acquired under the provisions of this Act to the proper officers of the United States. Sec. 9. The jurisdiction of this State is hereby ceded to the United States over all parts and parcels of land conveyed to the United States under the provisions of this Act, or selected by the United States for the purposes of the Indian school herein provided for, and all property used for the purposes of such school, whether the same be conveyed to the United States or not, shall forever be and remain free from taxation by this State; provided, that the jurisdiction over said land is hereby retained by the State of Nevada for the purpose of the service of all writs and process thereon. Sec. 10. The faith of the State of Nevada is hereby solemnly pledged that this Act shall never be repealed, or so modified in any way as to impair the security of those who shall hold or purchase the bonds herein provided for. |
κ1887 Statutes of Nevada, Page 25 (CHAPTER 12)κ
solemnly pledged that this Act shall never be repealed, or so modified in any way as to impair the security of those who shall hold or purchase the bonds herein provided for. |
Faith pledged. |
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Chap. XIII.An Act to provide for the destruction of certain noxious animals.
[Approved January 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If any person shall take and kill within this State any of the following named noxious animals he shall be entitled to receive out of the treasury of the county within which such noxious animal or animals shall have been taken, the following bounties, to-wit: For every gopher or ground squirrel, one and one-half cents; for every rabbit, five cents; provided, no person shall be entitled to apply for or receive bounty money for any number of scalps less than one hundred at any one time, and all bounties to be paid for the objects herein set forth shall be subject to the provisions of this Act. Sec. 2. The person intending to apply for such bounty shall take the scalps, with the ears connected thereto, of the noxious animals killed by him, to some Justice of the Peace of the county within which such noxious animals shall have been taken. Sec. 3. The person claiming such bounty shall then be sworn by such Justice of the Peace, and state on oath the time and place when and where said noxious animals, for which a bounty is claimed by him, were taken and killed, and shall also submit to such further examination on oath, concerning the killing and taking of such noxious animals, as the Justice of the Peace may require. Sec. 4. If it shall appear to the Justice of the Peace that the noxious animal or animals have been taken and killed within the county, he shall cut off the ears from the scalp and destroy the said ears, and give to the person so sworn a certificate stating the number and kind of scalps deposited with and destroyed by him. The said Justice of the Peace shall receive for each oath administered twenty-five cents, and for each certificate twenty-five cents, to be paid by the party applying for such bounty, and in no case to be a charge against the county. Sec. 5. Upon the presentation to the Board of County Commissioners of the proper county of any such certificate, they are hereby authorized and directed to allow the amount due under the provisions of this Act, to the person therein named, out of the General Fund of such county. |
Bounties.
Proof of destruction.
Justice of Peace, fees.
Commissioners to allow.
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κ1887 Statutes of Nevada, Page 26κ
Preamble.
Treasurer to refund. |
Chap. XIV.An Act to authorize and direct the Treasurer of Esmeralda county to refund certain moneys paid to him under protest, and collected as school tax, in School District No. 13, Esmeralda county, Nevada.
[Approved January 27, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Whereas, At a meeting of the Board of School Trustees, held in the year 1884, in and for School District No. 13, Hawthorne, Esmeralda county, Nevada, an order was passed calling an election of the voters of said district, and submitting to them the question of levying a special tax for the purpose of building a school house in said school district; and Whereas, Said election was held, and the Board of County Commissioners levied said tax on the property of said district; and Whereas, After the said order of the Board of School Trustees was made, and the levying the tax by the Board of County Commissioners as aforesaid, it was discovered that there were certain informalities in the said order as made by the said Board of School Trustees, and in the election held thereunder, and in the said levy of the tax as made by the Board of County Commissioners, rendering said tax invalid and non-collectible; and Whereas, There was the sum of seven hundred and twenty-eight 51-100 ($728 51-100) dollars paid into the hands of the County Treasurer under protest, which sum still remains in his hands, and has not been apportioned to the funds belonging to said school district; and Whereas, The greater number of taxpayers, owing the largest amount of the taxes to said school district have failed and refuse and still fail and refuse to pay the same or any part thereof; and Whereas, It has been held that the collection of said tax cannot be enforced in a court law, and in consideration of the foregoing facts, be it enacted: Section 1. The Treasurer of Esmeralda county is authorized and empowered and it is hereby made his duty, to refund to the several persons, companies and corporations the several sums of money paid by them, as appears by the list now on file in his office, not exceeding the sum of seven hundred and twenty-eight 51-00 ($728 51-100) dollars, out of the money now in his hands and not apportioned to the said School District No. 13 Fund. And the said Treasurer shall take duplicate receipts from each person, company or corporation for the amount so refunded, specifying in said receipts why the money has been refunded. He shall file one of said receipts in the office of the County Auditor, the other shall remain in the Treasurers office. |
κ1887 Statutes of Nevada, Page 27 (CHAPTER 14)κ
Sec. 2. On filing the receipts with the Auditor, the Treasurer will be entitled to have his account credited with the amount specified in said receipts, and the Board of County Commissioners in and for the county of Esmeralda, are hereby authorized and directed to strike from the assessment roll of said county, all special school taxes levied in the year 1884 for school purposes, in School District No. 13. |
|
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Chap. XV.An Act to remove the county seat of White Pine county from the town of Hamilton to the town of Ely.
[Approved January 28, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first day of August, in the year of our Lord one thousand eight hundred and eighty-seven, the county seat of White Pine county shall be located at the town of Ely, in said county. Sec. 2. It shall be the duty of the officers of said county, who are required by law to keep their offices at the county seat, to remove the same to said town of Ely on the week next preceding the first of September in the year of our Lord one thousand eighty hundred and eighty-seven. Sec. 3. The County Commissioners of White Pine county shall provide for the removal of the archives and other movable property belonging to said county to said town of Ely. Sec. 4. It shall be lawful for the Board of County Commissioners of said White Pine county, and it is hereby made their duty, to provide for the use of the various officers such buildings, rooms or offices as are required by law. |
County seat located.
Offices kept
Removal of archives.
Offices provided. |
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Chap. XVI.An Act to provide for purchasing a portrait of ex-Governor J. W. Adams.
[Approved January 31, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred dollars is hereby appropriated out of any money in the State treasury not otherwise appropriated, for the purchase of a portrait of ex-Governor J. W. Adams, to be painted by some competent artist after the style and manner of the other portraits of other ex-Governors, now deposited in the Governors office, and to be uniform in size therewith. |
Purchase of portrait. |
κ1887 Statutes of Nevada, Page 28 (CHAPTER 16)κ
Contract and acceptance. |
style and manner of the other portraits of other ex-Governors, now deposited in the Governors office, and to be uniform in size therewith. Sec. 2. It shall be the duty of the Board of Examiners to contract with some competent artist for the painting of this portrait in oil colors, and upon its delivery to the Secretary of State and its acceptance by the Board of Examiners, the claim for the same shall be allowed by the Board of Examiners, and shall be paid as other claims against the State are paid. |
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Commissioners to accept cabinet.
Removal.
Appropriation. |
Chap. XVII.An Act authorizing the acceptance of the cabinet or cabinets of minerals, rare coins, curiosities, library, museum and all other property offered by the Society of Pacific Coast Pioneers as a donation to the State of Nevada, and to appropriate money for the removal thereof.
[Approved January 31, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of State Capitol Commissioners are hereby authorized and instructed to accept from the Society of Pacific Coast Pioneers, at Virginia, the cabinet or cabinets of minerals, curiosities, rare coins, pictures, library, museum and other property now owned by said Society, and which is tendered by the Society as a donation to the State of Nevada, the same to be accepted for and in the name of the State, to be suitably placed in the State Capitol, and be known, designated and distinctively marked as the property donated by the Society of Pacific Coast Pioneers. Sec. 2. The packing, removal and rehabilitating of the said property shall be done under the personal direction of the Librarian and Mineralogist of the Society within three months, or as soon as practicable after the approval of this Act, and all expenses incurred shall be paid out of any moneys in the General Fund not otherwise specially appropriated. Sec. 3. The sum of five hundred dollars is hereby appropriated to carry out the provisions of this Act, and the State Controller is hereby authorized and directed to draw his warrant in favor of the Board of State Capitol Commissioners upon proper vouchers being submitted for said removal. |
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κ1887 Statutes of Nevada, Page 29κ
Chap. XVIII.An Act for the relief of C. S. Young for traveling expenses incurred as Superintendent of Public Instruction.
[Approved January 31, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four hundred forty-one dollars and fifteen cents is hereby appropriated out of any moneys in the General Fund not otherwise appropriated, to be paid to C. S. Young for traveling expenses incurred as Superintendent of Public Instruction, in the years 1883 and 1884. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of C. S. Young for the sum of four hundred forty-one dollars and fifteen cents, and the State Treasurer is hereby directed to pay the same. |
Money appropriated.
Controller directed. |
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Chap. XIX.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 11, 1885.
[Approved January 31, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of said Act is hereby amended so as to read as follows: Section thirteen. The Sheriff of Lander county shall receive fifty dollars per month, and such fees as are allowed by law under the provisions of An Act to regulate fees and compensations for official and other services in the State of Nevada, approved March sixth, eighteen hundred and seventy-five; the County Clerk shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five; the Recorder shall receive the fees allowed under said Act of February twenty-seventh, eighteen hundred and eighty-three; the Auditor shall receive a salary of one hundred dollars per month; the Treasurer shall receive fifteen hundred dollars per annum; the Assessor shall receive two thousand five hundred dollars per annum; the District Attorney shall receive two thousand dollars per annum; the Superintendent of Public Schools shall receive six hundred dollars per annum; the County Commissioners shall each receive six hundred dollars per annum. |
Fees and Salaries.
|
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κ1887 Statutes of Nevada, Page 30κ
Appropriation, how expended.
Further appropriation and expenditure. |
Chap. XX.An Act making appropriations for the State University.
[Approved January 31, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of eight thousand, one hundred and sixty-four dollars and twenty-five ($8,164 25) cents, now in the Contingent Fund of the University, and also the further sum of five thousand ($5,000) dollars from the General Fund, are hereby appropriated to be expended by the Board of Regents, or so much thereof as may be necessary, for the construction, completion and improvement of buildings and grounds for the University. The sum of two thousand eight hundred ($2,800) dollars per annum from the interest hereafter accruing from the University Fund shall be applied from time to time, as it accrues, to the teaching of such branches of learning as relates to the theory and practice of mining, agriculture and the mechanic arts. And the Board of Regents may, in their discretion, provide for the testing, assaying and sampling of ores, charging therefor such rates as they may deem proper. Sec. 2. The further sum of seventeen thousand ($17,000) dollars, or so much thereof as may be necessary, is hereby appropriated to be expended by the Board of Regents of the University for the salaries, supplies and other expenses of said institution during the fiscal years one thousand eight hundred and eighty-seven and one thousand eight hundred and eighty-eight. Fifteen thousand three hundred and forty-nine dollars and twenty-two ($15,349 22) of said seventeen thousand ($17,000) dollars hereby appropriated shall be taken from the accrued interest in the University Fund, and the balance of said seventeen thousand dollars, to-wit: one thousand six hundred and fifty dollars and seventy-eight ($1,650 78) [cents] shall be taken from the General Fund; provided, that if for any cause the said fifteen thousand three hundred and forty-nine dollars and twenty-two ($15,349 22) cents, or any part thereof, shall not be used for the purposes aforesaid, the State Controller shall transfer an equal sum from the General Fund to be used for such purpose. |
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κ1887 Statutes of Nevada, Page 31κ
Chap. XXI.An Act to prevent persons from unlawfully using or wearing the badge of the Grand Army of the Republic in this State.
[Approved February 1, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section. 1. Any person who shall willfully wear the badge of the Grand Army of the Republic, or who shall use or wear the same to obtain aid or assistance thereby, within this State, unless he shall be a member of the Grand Army of the Republic, shall be deemed guilty of misdemeanor, and upon conviction shall be punished by imprisonment for a term not to exceed thirty days in the county jail or a fine not to exceed twenty dollars, or by both such fine and imprisonment. |
Misdemeanor. |
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Chap. XXII.An Act granting leave of absence to John Roeder, Assessor of Lincoln county.
[Approved February 1, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Leave of absence from Lincoln county and from the State of Nevada, is hereby granted to John Roeder, Assessor of said county, for a period of four months, to be taken during either one of the years eighteen hundred and eighty-seven or eighteen hundred and eighty-eight. |
Leave of absence. |
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Chap. XXIII.An Act supplemental to an Act entitled An Act to regulate the settlement of the estates of deceased persons, approved November 29, 1861.
[Approved February 1, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All notices required to be given by the Act entitled An Act to regulate the settlement of the estates of deceased persons, |
Order not required. |
κ1887 Statutes of Nevada, Page 32 (CHAPTER 23)κ
May file objections. |
deceased persons, approved November twenty-ninth, eighteen hundred and sixty-one, may hereafter be given by the County Clerk without an order from the Judge for the same; and when so given for the time and in the manner required by law, they shall be as legal and valid as though made upon an order from such Judge. Sec. 2. If the court is not in session at the time set for the hearing of any matter concerning the settlement of the estate of deceased persons, any one opposing the application therein made may file objections thereto with the Clerk, and thereafter the matter shall be heard upon the first day when the court is in session, unless such hearing is continued to some future day. |
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Price of Lands. |
Chap. XXIV.An Act to amend Section three of an Act entitled An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885.
[Approved February 1, 1887.]
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 price of all agricultural and grazing lands applied for after the approval of this Act, whether within or without the limits of the Central Pacific Railroad grant, is hereby fixed at one dollar and twenty-five ($1 25) cents per acre; provided, that nothing in this Act shall invalidate or change the condition of any completed sale or any contract which may have been entered into between the State and individual purchasers for the sale of any land; and the price of all lands within the limits of the Central Pacific Railroad grant, which have heretofore been or may hereafter be approved to the State as double minimum lands, shall remain fixed at two dollars and fifty ($2 50) cents per acre, notwithstanding such lands have been or may hereafter be forfeited to the State. |
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κ1887 Statutes of Nevada, Page 33κ
Chap. XXV.An Act to amend an Act entitled An Act to provide revenue for the support of the Government of the State of Nevada, approved March 9, 1865.
[Approved February 1, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That Section seventy of the above entitled Act be amended so as to read as follows: Section seventy. The County Auditor shall from time to time, deliver to the Sheriff as many of such licenses as may be required, and shall sign the same and charge them to the Sheriff; provided, that before signing or delivering any license to the Sheriff, the Auditor shall fill out the license in full, stating therein to whom said license is issued, the kind of business authorized to be carried on under the license, the room, building and place where the business is to be carried on, the dates when said license begins and expires, and the amount of money to be paid therefor, and shall at the same time make entries upon the stubs in the license book. Whenever any license is returned by the Sheriff unsold, the Auditor shall cancel and file the license, and note the fact and date of such return and cancellation upon the stub thereof. No Board of County Commissioners shall audit or allow any claim in favor of a Sheriff until there shall be filed with said board the certified statement of the Auditor that all settlements required by the seventy-first section of the Act of which this is amendatory, have been made by said Sheriff. The amount of all licenses issued to the Sheriff and not accounted for shall be deducted before any claim shall be allowed to a Sheriff. No county shall be liable to the Auditor, other than for his official salary, for any fees or for any services required of him under this Act. Sec. 2. This Act shall take effect on the first day of April, A. D, 1887, and all Acts or parts of Acts in conflict herewith are hereby repealed. |
Licenses.
Repeal. |
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Chap. XXVI.An Act authorizing the Board of County Commissioners of White Pine county to construct a court house and county hospital, and to issue bonds to pay for the same.
[Approved February 1, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the first meeting of the Board of Commissioners of White Pine county, |
|
κ1887 Statutes of Nevada, Page 34 (CHAPTER 26)κ
Bonds to issue.
Payment and redemption.
Tax levy.
Commissioners.
Plans and specifications. |
missioners of White Pine county, held after the passage of this Act, said board shall cause to be prepared, and as soon thereafter as practicable, to issue bonds of said county to the amount of not less than six thousand dollars, nor more than ten thousand dollars. Said bonds shall be issued for the amount of five hundred dollars each, and shall be numbered consecutively one, two, three and so on. They shall express upon their face, that said county owes the holder thereof, the sum for which the same is issued; they shall bear interest at the rate of six per cent. per annum from the date on which they are issued, and said interest shall be paid by the Treasurer of said county upon the first Monday in January of each year after their issuance, upon the presentation of said bonds or the proper interest coupons, in the manner, and for and to the extent herein provided for. Sec. 2. Said Treasurer of White Pine county, shall, on the first Monday in January of each and every year after the issuance of said bonds, in addition to the payment of all interest due on any of said bonds, pay off and redeem said bonds to the extent, as near as may be, of one-fifth part of the total amount for which they shall be issued, said payment and redemption to be made commencing with the bonds bearing the smallest numbers and so continuing until the whole thereof are paid. It shall be the duty of the holders of said bonds to present them for payment and redemption as herein provided, and no bonds for which money shall be in the Treasurers hands at the date or dates herein indicated for the presentation and redemption of the same, shall bear any interest after said date. Sec. 3. At the meeting of the Board of County Commissioners of each year, at which meeting they levy the tax rate for that year, they shall, in addition to the tax rate now authorized, or hereafter authorized by the law to levied for State and county purposes, levy a tax sufficient to pay the bonds to become due in that year and interest thereon, and interest on the outstanding bonds, until all said bonds are fully paid and cancelled. All moneys received from this special tax shall be kept in a separate fund, to be known as the Court House Bonds Fund, and shall be used for no other purpose but to pay said bonds and the interest thereon. Sec. 4. The money derived from the sale of the aforesaid bonds shall be used and appropriated for the use and purpose of building a court house and county hospital for the county of White Pine, and there is hereby created a commission to be known as the White Pine Court House Commission, to consist of five members, namely, the County Commissioners and H. A. Comins and Sol Hilp, the two latter to serve without pay. Sec. 5. The said Board of Court House Commissioners, as soon as they shall have organized according to the provisions of this Act, shall proceed to draw, or cause to be drawn, plans and specifications for said court house, and after such plans and specifications are prepared and adopted they must immediately begin the construction of said court house and county hospital, either by advertising to have it constructed by contract, by the lowest bidder, or by days labor, under the direction of a competent superintendent. |
κ1887 Statutes of Nevada, Page 35 (CHAPTER 26)κ
lowest bidder, or by days labor, under the direction of a competent superintendent. The size and plans of said court house and county hospital, and the material of which they shall be built, shall be determined by the said Court House Commission or a majority of them. Sec. 6. It shall be the duty of said Board of Court House Commissioners to meet at the court house in Hamilton, in said county, on the first Monday in March next, at twelve oclock, noon, and then and there at once take such action (not inconsistent with the provisions of this Act) as to them, or a majority of them, may seem most expedient, to secure the construction of said court house and hospital in the shortest possible time, and for the least amount of money. Said board shall thereafter meet at such times and places as a majority thereof shall be resolution direct. Sec. 7. Said Court House Commissioners, or a majority of them, shall be entitled to sell and dispose of the bonds hereinbefore provided for. It shall be their duty to deposit all money realized from the sale thereof in the county treasury, and the same shall be paid out by the County Treasurer of said county upon presentation of warrants therefor drawn by the County Auditor upon orders which may be given upon him signed by said Board of Court House Commissioners, or a majority of them. Sec. 8. Nothing in this Act shall be so construed as to allow additional compensation to any county officer for carrying out the provisions of this Act. |
Commissioners to meet.
May sell and dispose.
No additional compensation. |
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Chap. XXVII.An Act to grant aid to the Nevada State Agricultural Society.
[Approved February 2, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of aiding the Nevada State Agricultural Society in carrying out successfully the purpose for which it was organized as a State institution, under the laws of this State, the sum of ten thousand dollars is hereby appropriated out of any money in the General Fund of the State treasury not otherwise specifically appropriated, for the fiscal years eighteen hundred and eighty-seven and eighteen hundred and eighty-eight. Sec. 2. The moneys hereby appropriated shall be used for the purpose of purchasing and improving fair grounds, and for the payment of such premiums as may be offered to competitors; provided, that all property acquired or improved by authority of this Act shall have the title thereof vested in the State of Nevada, and shall be for the sole use and benefit of the State. |
Money appropriated.
Improving grounds and paying premiums. |
κ1887 Statutes of Nevada, Page 36 (CHAPTER 27)κ
Expenditures made
Bills allowed. |
State of Nevada, and shall be for the sole use and benefit of the State. Sec. 3. All expenditures authorized by this Act shall be made under the immediate direction and supervision of the Board of Directors of the Nevada State Agricultural Society. Sec. 4. The said Board of Directors shall present bills and vouchers to the State Board of Examiners for all moneys expended under the provisions of this Act, and if the Board of Examiners be satisfied that such expenditures were properly made in accordance with law, said Board of Examiners shall allow said bills, and the same shall be paid as other bills against the State are paid. Warrants drawn pursuant to the provisions of this section shall be payable to the order of the President of the Board of Directors of the Nevada State Agricultural Society, or, in the event of his absence or inability to serve, then such warrants shall be made payable to some other member of said Board, to be designated by a majority vote thereof. |
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Preamble.
Consent to annexation. |
Chap. XXVIII.An Act to give the consent of the State of Nevada to the annexation of additional territory.
[Approved February 2, 1887.]
Whereas, The States and Territories of the Great Northwest are traversed northerly and southerly by mountain ranges, and are connected by immense valleys of virgin soil capable of cultivation; and Whereas, This natural conformation creates a similarity of population independent in spirit and action, but united in business relations and prompted by a community of sentiment in connection with western interests and federal legislation in relation thereto; and Whereas, That part of Idaho Territory commonly called Southern Idaho, which will remain, should the northern counties thereof be united with Washington and Montana Territories, as is now proposed, has a community of interest with Nevada, not only geographically, but in natural resources and productions, and if united with this State would afford sufficient arable land and natural resources to support a State which would rank in wealth and population with the other new States of the west, now therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The consent of the State of Nevada is hereby given to the annexation to this State of any part of the territory of the United States which Congress may deem proper, upon such terms and conditions as Congress shall prescribe. |
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κ1887 Statutes of Nevada, Page 37κ
Chap. XXIX.An Act to amend An Act regulating the compensation of county officers in the several counties of this State, and other matters relating thereto, approved March 11, 1885.
[Approved February 2, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nineteen of said Act is hereby amended so as to read as follows: Section nineteen. No salaried officer, named in this Act, except Justices of the Peace and Constables, in any township of this State wherein the number of legal votes cast at the general election held in eighteen hundred and eighty-six equaled or exceeded the number of seventeen hundred, shall perform any service until the fees prescribed by law are paid; provided, that if any officer, except Justices of the Peace and Constables, elected as above, shall neglect or refuse to collect the legal fees for his services, he and his bondsmen shall be liable to pay double the amount of such fees not collected, to be recovered in any Court of competent jurisdiction; and, also provided, that the first moneys collected by the Justices of the Peace and Constables, elected as above, and the first moneys collected in suits before justices so elected, shall be applied to the costs of the suit. |
Payment of fees.
Bondsmen liable. |
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Chap. XXX.An Act to amend an Act entitled An Act to prohibit the sale of ardent spirits to Indians, approved February 25, 1885.
[Approved February 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended so as to read as follows: Section one. Any person who shall after the passage of this Act, sell, barter, give, or in any manner dispose of any spirituous or malt liquor, wine or cider of any description, to any Indian within this State, upon due conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, or by both such fine and imprisonment as the courts shall adjudge, and if the imprisonment shall be for a period exceeding six months, the same shall be in the States Prison. |
Penalty. |
κ1887 Statutes of Nevada, Page 38 (CHAPTER 30)κ
Disposition of fines.
Repeal.
Immediate effect. |
Section two of said Act is hereby amended so as to read as follows: Section two. All fines imposed and collected under the provisions of this Act shall be paid into the School Fund and the court before whom the conviction is had, is hereby authorized and empowered to tax as part of the costs, the sum of one hundred dollars against the defendant, which last named sum shall go to the informer; and in the event of the failure or refusal of the defendant to pay or cause to be paid the said costs of one hundred dollars, the same shall remain as a judgment against the defendant until his or her full term of imprisonment shall have expired; provided, that in no case shall the informer have any claim or demand against the county or State. Section four of said Act is hereby repealed. Section five of said Act is hereby amended so as to read as follows: Section five. This Act shall take effect from and after its passage. |
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Bounties.
Ears connected.
Claimant sworn.
Certificate. |
Chap. XXXI.An Act to provide for the destruction of noxious animals and to repeal an Act relating thereto.
[Approved February 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If any person shall take and kill within this State any of the following noxious animals, he shall be entitled to receive out of the treasury of the county within which such noxious animals shall have been taken, the following bounties, to-wit: For every coyote or prairie wolf, fifty cents; for every lynx or wild cat, one dollar; for every California lion, one dollar; all of which bounties shall be subject to the provisions of this Act; provided, that no person shall be entitled to apply for or receive bounty money for any number of scalps less than ten at any one time. Sec. 2. The person intending to apply for such bounty shall take the scalps with the ears connected thereto of the noxious animals killed by him, to some Justice of the Peace of the county within which such noxious animals shall have been taken. Sec. 3. The person claiming such bounty shall then be sworn by such Justice, and state on oath the time and place when and where said noxious animals for which a bounty is claimed by him, were taken and killed, and shall also submit to such further examination on oath concerning the taking and killing of such noxious animals as the Justice may require. Sec. 4. If it shall appear to the Justice, that the noxious animals have been taken and killed within the county, he shall cut off the ears from the scalp and destroy said ears, and give to the person so sworn, a certificate, stating the number and kind of scalps deposited and destroyed by him. |
κ1887 Statutes of Nevada, Page 39 (CHAPTER 31)κ
cut off the ears from the scalp and destroy said ears, and give to the person so sworn, a certificate, stating the number and kind of scalps deposited and destroyed by him. The Justice shall receive for each oath administered twenty-five cents, and for each certificate twenty-five cents, to be paid by the party applying for such bounty, and in no case to be a charge against the county. Sec. 5. Upon the presentation to the Board of County Commissioners of the proper county of any such certificate, they are hereby authorized and directed to allow the amount due under the provisions of this Act, to the person therein named, out of the General Fund of the county. Sec. 6. An Act entitled An Act to provide for the destruction of noxious animals within this State is hereby repealed. |
Amount allowed.
Repeal. |
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Chap. XXXII.An Act to repeal an Act entitled An Act concerning convict labor, approved February 24, 1881.
[Approved February 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled An Act concerning convict labor, approved February twenty-four, eighteen hundred and eighty-one, is hereby repealed. |
Repeal. |
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Chap. XXXIII.An Act creating a Board of Commissioners for the care of the indigent insane of the State of Nevada.
[Approved February 4, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor, State Controller and State Treasurer are hereby constituted a Board of Commissioners for the purpose of providing for the care and maintenance of the indigent insane of the State. Sec. 2. A majority of said board shall constitute a quorum for the transaction of business. Sec. 3. All Act and parts of Act in conflict with the provisions of this Act are hereby repealed. |
Board created.
Quorum.
Repeal. |
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κ1887 Statutes of Nevada, Page 40κ
Board created
Supervision
Control expenditure.
Repeal. |
Chap. XXXIV.An Act to create a Board of Capitol Commissioners and to define its duties and to repeal Sections ten and eleven af An Act concerning the office of Secretary of State.
[Approved February 8, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A Board of Capitol Commissioners is hereby created, to consist of the Lieutenant-Governor, State Controller and State Treasurer. Sec. 2. Said board shall have the supervision over and control of the State Capitol building, the Capitol grounds and water works, the State Printing Office building and grounds, and all other State buildings, grounds and property not otherwise provided for by law. Sec. 3. Said board shall control the expenditure of all appropriations for furnishing, repairing and maintaining said buildings and grounds, offices and property connected therewith; for defraying the telegraphic, postal and contingent expenses of the State officers, Supreme Court and State Library; for transportation of books and documents; storage and transportation of State property, and for salaries of porters, watchmen and laborers about said buildings and property, unless otherwise provided. Sec. 4. Sections ten and eleven of an Act entitled An Act concerning the office of Secretary of State, approved February 14, 1865, are hereby repealed. |
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State Board of Examiners to investigate. |
Chap. XXXV.An Act relative to the proving of Indian war claims.
[Approved February 8, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Board of Examiners are hereby authorized and directed to examine into all claims for services rendered, money expended, indebtedness incurred and supplies and necessaries furnished between the first day of January, A. D., one thousand eight hundred and sixty, and the date of the approval of this Act, in repelling invasions and suppressing Indian outbreaks and hostilities within the territorial limits of the present State of Nevada. Said board shall also examine into all claims for horses, equipments and wagons actually lost by those engaged, as aforesaid, while in the line of duty in active service. Sec. 2. Immediately after the approval of this Act the board shall give notice, |
κ1887 Statutes of Nevada, Page 41 (CHAPTER 35)κ
shall give notice, by publication in some newspaper published at Carson City, to all persons having such claims, to present them by petition, showing the amounts and items thereof, to the board, on or before the first Monday in November, eighteen hundred and eighty-seven, which notice shall be published once a week for four weeks. Any and all claims, presented in accordance with the requirements of said notice, shall be examined and final action thereon shall be taken by the board as soon as practicable thereafter. Sec. 3. That all persons having such claims shall be permitted to appear personally before the board and produce such evidence as they may have in support of their respective demands, and all the provisions of Sections eight, nine, ten, eleven and twelve of an Act entitled An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties upon the Controller and Treasurer, approved February seventh, one thousand eight hundred and sixty-five, are hereby made applicable to the examination of claims presented under this Act. Sec. 4 That the evidence presented to the board in support of any such claims shall be reduced to writing, and immediately after the approval or disapproval of the claim, the petition and evidence shall be filed in the office of the Governor of the State. If the claim be entirely disapproved, the board shall indorse their disapproval upon the petition, and such claim shall not be reconsidered, unless upon presentation by the claimant, within thirty days thereafter, of new and material testimony in its support. If the claim be approved, either in whole or part, the board shall indorse such approval upon the petition, which indorsement shall show the items and amounts for which the claim is approved and a certificate of like tenor and effect shall also be given to the claimant whose claim shall have been so approved. Sec. 5. That as soon as all the claims presented under the provisions of this Act shall have been finally acted upon by the board, it shall be the duty of the Governor to transmit the claims that have been approved for any amount, together with the evidence in support of them, to the Secretary of the Treasury of the United States or other proper officer, and to urge the payment thereof by the United States Government, at the earliest practicable day. Sec. 6. Nothing herein contained shall be so construed as to make the State of Nevada liable for the amount of any approved claim or any amount of money whatever, except as the same may be received from the treasury of the United States for the payment of such claims, and then only for the particular claims allowed by the United States Government, and to the extent of such allowance. Sec. 7. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
Notice given by publication
Claimants to appear personally.
Evidence reduced to writing.
Claims approved with evidence to be transmitted.
State of Nevada not liable.
Repeal. |
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κ1887 Statutes of Nevada, Page 42κ
Authorization to build hospital.
Levy and collect tax.
Made applicable. |
Chap. XXXVI.An Act to authorize the County Commissioners of Esmeralda county to erect a county hospital at the town of Hawthorne, and to levy a tax for the payment of the same.
[Approved February 8, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Esmeralda county are hereby authorized and empowered, when in their judgment and discretion they may deem the same necessary and for the best interest of the county, [to] erect a building at Hawthorne, to be used as a county hospital, not to exceed in cost three thousand dollars for the building and furnishing the same. Sec. 2. For the purpose of creating a fund for the payment of the building and furniture hereby authorized, the Board of County Commissioners of Esmeralda county is hereby authorized, directed and empowered to levy and collect a tax not exceeding one-half of one per cent. upon the assessed value of all the property, real and personal, within the boundaries of Esmeralda county; such tax shall be assessed and collected in the same manner and at the same time as the other taxes are assessed and collected, and the proceeds thereof shall be kept by the County Treasurer in a fund to be known as the County Hospital Fund. Sec. 3. The provisions of an Act of the Legislature of this State entitled An Act supplementary to an Act entitled an Act to create a Board of County Commissioners in the several counties of the State and to define their duties and powers, approved March 8, 1865; approved February 19, 1867, are hereby made applicable to this Act. |
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Normal school. |
Chap. XXXVII.An Act relating to the State University and matters properly connected therewith.
[Approved February 7, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be established in the State University a school for the instruction of teachers, at which shall be taught all branches of instruction which are taught in the common schools of this State. There shall also be taught in said University chemistry, geology and mineralogy, so far as they relate to the theory and practice of mining, agriculture and the mechanic arts. |
κ1887 Statutes of Nevada, Page 43 (CHAPTER 37)κ
Sec. 2. The Governor, Secretary of State and Superintendent of Public Instruction shall constitute the Board of Regents of the State University until the first day of January, A. D. one thousand eight hundred and eighty-nine, and until their successors are elected and qualified. There shall be elected at the next general election, in the same manner as other State officers are elected, three qualified electors, who shall constitute the Board of Regents of the State University. The term of office of two of the Regents so elected shall be four years from the first day of January, A. D. one thousand eight hundred and eighty-nine, and until their successors are elected and qualified. The term of office of one of the Regents so elected shall be two years from and after the first day of January, A. D. one thousand eight hundred and eighty-nine, and until his successor is elected and qualified. And thereafter at each general election preceding the expiration of the term of office of any member of the Board of Regents a successor shall be elected in the same manner as other State officers are elected. The persons elected as Regents under the provisions of this Act, before entering upon the duties of their office, shall take and subscribe [to] the official oath and file the same in the office of the Secretary of State. In case of vacancy in said Board of Regents after the same shall have been filled by election as herein provided, the Governor shall fill the same by appointment until the next general election, when such vacancy shall be filled by election, as herein provided. Sec. 3. The powers and duties of the Board of Regents are as follows: First-To prescribe rules for their own government, and for the government of the University. Second-To prescribe rules for the reports of officers and teachers of the University. Third-To Prescribe the course of study, the time and standard of graduation and the commencement and duration of the terms, and the length of the vacations of the University. Fourth-To prescribe the text-books, and provide apparatus and furniture for the use of pupils. Fifth-To appoint a President of the University, who shall have a diploma from some recognized college of learning of good standing, or some State Normal School, who has had at least five years of practical experience as an instructor; who is familiar with the modern methods of imparting instruction generally approved in the United States, and who shall be indorsed as to moral character and qualifications as an instructor by the President and Faculty of three institutions of learning authorized by law to confer degrees. Sixth-To prescribe the duties of the President, and fix his salary, and the salaries of all other teachers in the University. Seventh-To require the President, under their direction, to establish and maintain training or model schools, and require the pupils of the University to teach and instruct classes therein. Eighth-To control the expenditures of all moneys appropriated for the support and maintenance of the University, and all moneys received from any source whatsoever. |
Board of Regents.
Term of office, and how elected
Powers and duties of Board of Regents. |
κ1887 Statutes of Nevada, Page 44 (CHAPTER 37)κ
Chairman and Clerk.
Meetings.
Annual report.
Diplomas and certificates.
President to manage. |
priated for the support and maintenance of the University, and all moneys received from any source whatsoever. Ninth-To keep open to public inspection an account of receipts and expenditures. Tenth-To annually report to the Governor a statement of all their transactions, and of all other matters pertaining to the University. Eleventh-To transmit with such report a copy of the Presidents annual report. Twelfth-To revoke any diploma by them granted, on receiving satisfactory evidence that the holder thereof is addicted to drunkenness, is guilty of gross immorality, or is reputably dishonest in his or her dealings; provided, that such person shall have at least thirty days previous notice of such contemplated action, and shall, if he or she asks it, be heard in his or her own defense. Sec. 4. The Board of Regents shall have the power to appoint a Chairman, who shall receive no compensation therefor, nor shall any member of the Board of Regents receive any compensation for his services, except necessary expenses in attending meetings of the board. The Board of Regents may employ a clerk of said board, who shall receive a salary of twenty-five dollars per month, and who shall keep a full record of all proceedings of the board, which shall at all times be open to public inspection, and said clerk shall not be a teacher in said University. Sec. 5. The board must hold four regular meetings in each year, and may hold special meetings at the call of the Chairman of the board. Sec. 6. The President of the University must make a detailed annual report to the Board of Regents, with a catalogue of pupils, and such other particulars as the board may require or he may think useful. Sec. 7. Upon the recommendation of the President of the University, the Board of Regents may issue to those who worthily complete the full course of study and training prescribed, a diploma of graduation. To the persons receiving this diploma the State Board of Education shall grant a first-grade State certificate for life; and the Board of Regents may, at their discretion, issue an elementary diploma to those who worthily complete such part of the course of study and training as may be prescribed. To the persons receiving this diploma the State Board of Education shall grant a second-grade State certificate, to be effectual for such period as they, in their discretion, may think proper. Sec. 8. It shall be the duty of the President of the University to instruct in the University, and, under the direction of the Board of Regents, to manage all matters connected with the institution, to employ assistant teachers and servants, purchase supplies and make monthly statements to the Board of Regents of all receipts and expenditures, supported by vouchers. Sec. 9. There shall be no discrimination in the admission of pupils on account of sex, |
κ1887 Statutes of Nevada, Page 45 (CHAPTER 37)κ
pupils on account of sex, race or color; but no person shall be admitted who is not of good moral character, and who has not arrived at the age of fifteen years, and passed such an examination as shall be prescribed by the Board of Regents, and no person under said age shall hereafter be taught in said institution. Sec. 10. Tuition shall be free. Sec. 11. The State Superintendent of Public Instruction must visit the University at least every three months, inquire into its condition and management, and report to the Board of Regents quarter-yearly the condition of the institution, with such suggestions as he may deem proper. Sec. 12. All expenses incurred, of every name and nature, involving the payment of money by or under the direction of the Board of Regents of the University, shall be passed upon by the Board of Examiners, as other accounts against the State, and be paid out of the moneys appropriated for the University. Sec. 13. Sections one, two, three and five, of the Act of March fifth, A. D. one thousand eight hundred and sixty-nine, entitled An Act to provide for the election of the Board of Regents, to fix their term of office and prescribe their duties; Sections two, three, five and six of the Act of March seventh, A. D. one thousand eight hundred and seventy-three, entitled An Act to locate the State University, and to provide for the control and maintenance of the same; Section three of the Act of March seventh, A. D. one thousand eight hundred and eighty-five, entitled An Act to amend an Act entitled An Act to locate the State University, and to provide for the control and maintenance of the same, approved March seventh, one thousand eight hundred and seventy-three, and all other Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
No discrimination.
Must visit.
Board of Examiners to pass upon expenses.
Repeal. |
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Chap. XXXVIII.An Act supplementary to an Act entitled An Act to preserve wild game, and to repeal all other Acts in relation thereto, approved February 23, 1877; and to prevent the killing of beaver and otter in this State for a limited period.
[Approved February 8, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person to trap or kill any beaver or otter within this State before the first day of April in the year eighteen hundred and ninety-seven. Sec. 2. Any person convicted of a violation of Section one of this Act, shall be fined in any sum not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. |
Unlawful to trap otter or beaver.
Penalty. |
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κ1887 Statutes of Nevada, Page 46κ
Register to withdraw.
Secretary of State to attest.
Deduct acres. |
Chap. XXXIX.An Act to amend an Act entitled An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885.
[Approved February 9, 1887.]
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 State Land Register is hereby authorized to withdraw from the local and general land offices of the United States, all selections of land that have been or may be erroneously made, at any time before such lands have been listed and approved to the State by the Department of the Interior. And the Governor is hereby authorized to reconvey, by deeds of relinquishment, all lands that have been or may hereafter be erroneously listed or approved to the State, in such form as the Secretary of the Interior may prescribe. Such deeds of relinquishment shall be duly attested by the Secretary of State, under the seal of his office, and be countersigned by the Register of the State land office; provided, that in no case shall any selections of land be withdrawn, or deed of relinquishment executed, so long as there shall be any existing contract or patent for the same, or any pending litigation respecting the right of title of the State to such lands. Nor in any case shall such lands be conveyed or relinquished, when the same was subject to selection, or where the States title to such lands is valid. When such deeds shall have been executed they shall be forwarded to the Commissioner of the general land office at Washington, D. C. The State Land Register shall, immediately after forwarding said deeds to the general land office, deduct the number of acres thus reconveyed from the lands charged to the State under her grants from the United States. |
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File with County Clerk. |
Chap. XL.An Act requiring partners transacting business in this State to file certificate of partnership with names of each individual comprising the same.
[Approved February 9, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every partnership transacting business in this State under a fictitious name or a designation not showing the names of the persons interested as partners in such business, |
κ1887 Statutes of Nevada, Page 47 (CHAPTER 40)κ
names of the persons interested as partners in such business, must file with the Clerk of the county in which the said partnership is carrying on business, a certificate, stating the names in full of the members of such partnership and their places of residence, and publish the same once a week for four successive weeks in a newspaper published in the county, if there be one, and if there be none in such county, then in a newspaper published in an adjoining county. Sec. 2. The certificate filed with the Clerk as provided in Section one of this Act, must be signed by the partners and acknowledged before some officer authorized to take the acknowledgment of conveyances of real property. Where the partnership is hereafter formed, the certificate must be filed, and the publication designated in that section must be made within one month after the formation of the partnership, or within one month from the time designated in the agreement of its members for the commencement of the partnership; where the partnership has been heretofore formed, the certificate must be filed and the publication made within two months after the passage of this Act. Persons doing business as partners contrary to the provisions of this Act, shall not maintain any action upon, or on account of any contracts made or transactions had in their partnership name, in any court of this State, until they have first filed the certificate and made the publication herein required. Sec. 3. On every change in the members of a partnership transacting business in this State under a fictitious name or a designation which does not show the names of the persons interested as partners in its business, a new certificate must be filed with the County Clerk, and a new publication made, as required in this Act, on the formation of such partnership. Sec. 4. Every County Clerk must keep a register of the names of firms and persons mentioned in the certificates filed with him, pursuant to this Act, entering in alphabetical order the name of every such partnership and of each partner therein, and he shall charge for each name so entered the sum of twenty-five cents, to be collected as other fees, which shall be full compensation for filing and registration. Sec. 5. Copies of the entries of a County Clerk, as herein directed, when certified by him and affidavits of publication as herein directed made by the printer, publisher or chief clerk of a newspaper, are prima facie evidence of the facts therein stated; provided, that this Act shall not apply to any incorporation duly created and existing under and by virtue of the laws governing and providing for the creation of incorporations in this State and now engaged or hereafter to be engaged in doing business in this State. |
Publication
Certificate must be filed.
New certificate.
Clerk to keep register.
Evidence of fact. |
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κ1887 Statutes of Nevada, Page 48κ
Empowered to issue bonds.
How authenticated.
Negotiate sale.
Denomination of bonds.
Tax levy.
When negotiated. |
Chap. XLI.An Act to authorize the County Commissioners of Washoe county to issue bonds to pay for the construction of bridges across the Truckee river in said county, and for the maintenance of such bridges and of roads connecting therewith, and for the payment of the bonds.
[Approved February 9, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Washoe county are hereby authorized and empowered to issue bonds in the name of the county, not to exceed in amount ten thousand dollars, for the purpose of paying for the construction of two bridges across the Truckee river, one at Mayberrys ranch and the other below the Virginia and Truckee Railroad bridge, and for the approaches thereto, and for the purpose of maintaining such bridges and the roads connecting therewith. Sec. 2. The Commissioners shall cause said bonds to be prepared, to be signed by the Chairman of the Board, indorsed by the County Treasurer and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so they may be removed without injury to the bond, consecutively numbered and signed by the County Treasurer. Sec. 3. The County Commissioners are duly authorized to negotiate the sale of said bonds, the proceeds of which shall be placed in the county treasury to the credit of the General Road Fund of the county, for the purposes mentioned in this Act. Sec. 4. The bonds shall be of the denomination of one thousand dollars each, consecutively numbered, with interest thereon not to exceed seven per cent. per annum, payable semi-annually. Commencing on the first Monday of July, one thousand eight hundred and eighty-seven, and on the first Monday of January, one thousand eight hundred and eighty-eight, and every twelve months thereafter, one bond of one thousand dollars shall be paid and taken up. Sec. 5. For the purpose of creating a fund for the payment of the bonds hereby authorized, the Board of County Commissioners of Washoe county, after such bonds shall have been sold, is hereby empowered and directed to include in the levy in each year for general road purposes, a tax upon the assessed value of all real and personal property within said county of Washoe, sufficient to pay all of such bonds and interest until the same shall have been fully paid, and such additional tax shall be kept by the County Treasurer for such purpose, and shall not be diverted to any other purpose whatever. Sec. 6. The bonds provided for in this Act shall be issued and negotiated prior to the first Monday of March, one thousand eight hundred and eighty-seven. |
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κ1887 Statutes of Nevada, Page 49κ
Chap. XLIIAn Act to provide for the issuance of bonds by the county of Lyon, in order to provide for the payment of twenty-five thousand dollars of the bonds of said county heretofore issued and now outstanding.
[Approved February 9, 1887.]
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, Nevada, are hereby authorized and empowered to prepare and issue the bonds of said county, to the amount of not exceeding twenty-five thousand dollars, in the manner and form hereinafter specified, for the purpose of providing funds for the payment of twenty-five thousand dollars of the bonds of said county, issued under and pursuant to the provisions of an Act of the Legislature of the State of Nevada, entitled An Act to authorize the Commissioners of Lyon county to issue certain bonds and to provide for the payment of the same, approved March 7, 1881, or so much thereof as may remain unpaid when the bonds herein provided for shall have been issued and sold. Sec. 2. The Board of County Commissioners of said county shall cause said bonds to be prepared, and they shall be signed by the chairman of the board and countersigned by the clerk thereof, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and coupons consecutively numbered shall be signed by the chairman of said Board of County Commissioners. Sec. 3. The clerk of the Board of County Commissioners shall keep a record of all proceedings under the provisions of this Act, showing the number, date and amount of each, and to whom issued. Sec. 4. The Board of County Commissioners of said Lyon county are hereby authorized to negotiate the sale of said bonds, either by advertising for sealed proposals for the same or otherwise, as they may deem proper, the proceeds of which shall be applied to the payment of the bonds then outstanding, heretofore specified; provided, that none of the bonds, the issuance of which is herein provided for, shall be disposed of for less than their par value, and that all sales of said bonds shall be made for gold coin of the United States of America, and with the interest thereon shall be payable in such gold coin. Sec. 5. The said bonds shall be in sums of not less than five hundred nor more than one thousand dollars, and the interest on the same shall not exceed more than six and one-half (6 1/2%) per cent per annum, payable annually, namely, on the first Monday of December of each year, at the office of the County Treasurer of said Lyon County, and in no case shall any of said bonds issued by virtue of this Act run a longer period than fifteen (15) years. |
Bonds prepared and issued.
Authenticated with seal.
Record kept.
Negotiate sale of bonds.
Amount, interest and time. |
κ1887 Statutes of Nevada, Page 50 (CHAPTER 42)κ
Special tax Levy.
Shall advertise.
Time and place for accepting proposals.
Determined by lot. |
of said bonds issued by virtue of this Act run a longer period than fifteen (15) years. Sec. 6. For the purpose of creating a fund for the payment of the bonds authorized by this Act, and the interest thereon, the Board of County Commissioners of Lyon county are hereby authorized and required to levy and collect annually a special tax of note exceeding fifty (50) cents upon each one hundred ($100) dollars of the assessed value of all property, real and personal, including the proceeds of mines and mining claims within the boundaries of said Lyon county, until such bonds and the interest thereon shall have been paid. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the County Treasurer in a special fund, to be known as the Redemption and Interest Fund of Lyon county. Sec. 7. Whenever, on the first Monday of December, eighteen hundred and nine-two, and any year thereafter, after the payment of the interest then accrued on said bonds, there shall remain a surplus in said Redemption and Interest Fund of five hundred dollars or upwards, the County Treasurer of said Lyon county shall proceed to advertise for not less than three weeks consecutively, in some newspaper published in Storey county, Nevada, and in San Francisco, California, a notice inviting proposals for the surrender of the bonds provided for by this Act. Such advertisements, shall state the time and place for receiving such bids, the amount of money on hand applicable to the redemption of such bonds, and that no bid will be received at a rate exceeding the par value thereof. The County Treasurer, together with County Commissioners, shall proceed to open and consider such proposals at the time and place specified in such advertisement, and shall accept such proposals, at a rate not exceeding the par value, as may redeem the greatest amount of bonds, until the amount of money on hand is exhausted; provided, that in case more bonds are offered for redemption than can be paid for by the money is said fund, said County Treasurer and said Commissioners shall determine by lot which of said bonds so offered shall be paid first; and, provided further, that in case any bonds shall be offered at a discount, the lowest bids shall be accepted, and in case, on the day named for reception of proposals, no bids for the surrender of bonds have been filed with the County Treasurer, or there be remaining in the Redemption and Interest Fund, after redeeming all bonds offered for redemption, a sufficient amount of money to redeem additional bonds, the County Treasurer and County Commissioners shall determine by lot which of said bonds shall be redeemed, and the County Treasurer shall then give notice, by publication in some newspaper, as hereinbefore provided in this section, that the bonds specified in said notice, if not presented for payment, shall cease to bear interest from and after twenty (20) days from the first publication of said notice. Sec. 8. Whenever the bonds and interest provided for in this Act, shall have been fully paid, the tax authorized by this Act shall cease and all moneys remaining in said Redemption and Interest Fund shall, by order of the Board of County Commissioners, be transferred to the General Fund of said county. |
κ1887 Statutes of Nevada, Page 51 (CHAPTER 42)κ
this Act, shall have been fully paid, the tax authorized by this Act shall cease and all moneys remaining in said Redemption and Interest Fund shall, by order of the Board of County Commissioners, be transferred to the General Fund of said county. Sec. 9. Whenever the County Treasurer shall pay any coupons on bonds 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 on his books. |
Tax to cease
Treasurer to cancel. |
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Chap. XLIII.An Act to repeal an Act entitled An Act to provide for the government of unincorporated towns in this State, approved March 8, 1879.
[Approved February 10, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled An Act to provide for the government of unincorporated towns in this State, approved March 8, 1879, is hereby repealed. |
|
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Chap. XLIVAn Act establishing Arbor Day.
[Approved February 10, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Arbor Day is hereby established in the State of Nevada, and shall be fixed each year by proclamation of the Governor, at least one month before the fixing of such date, and it shall be observed as a holiday by the public schools of the State; provided, that nothing in this Act shall be so construed as making this a legal holiday, so far as the courts and civil contracts are concerned. Sec. 2. His Excellency the Governor is requested to make proclamation setting forth the provisions of the first section of this statute, and recommending that Arbor Day so established be observed by the people of the State in the planting of trees, shrubs and vines, in the promotion of forest growth and culture, in the adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the character of the day so established. |
Proclamation by the Governor.
Planting trees, shrubs and vines. |
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κ1887 Statutes of Nevada, Page 52κ
Importation of diseased animals a misdemeanor.
Punished by fine and imprisonment. |
Chap. XLV.An Act to prevent the importation or selling of any domestic animal or animals affected with any infectious or contagious disease.
[Approved February 10, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall not be lawful for the owner or owners of any domestic animal or animals, or any person having them in charge, to knowingly import or drive into this State, or into any county within this State, any animal or animals having any infectious or contagious disease, and any person or persons so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than five dollars or by imprisonment in the county jail not less than ten days nor more than twenty-five days, or by both such fine and imprisonment, for each and every such diseased animal so imported or driven into this State, or into any county within this State. Sec. 2. Any person who shall sell or dispose of any domestic animal, knowing the same to be affected with any infectious or contagious disease, without fully disclosing the fact to the purchaser, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than fifty days, or by both such fine and imprisonment. Sec. 3. Any person or persons violating any of the provisions of this Act, in addition to the penalties herein provided, shall be liable for all damages that may accrue to the party damaged by reasons of said diseased animal or animals, so driven or imported by said person or persons into this State or into any county of the same, imparting to any domestic animal or animals therein any such contagious or infectious disease. |
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|
Chap. XLVI.An Act to amend an Act entitled An Act concerning District Attorneys, approved March 11, 1865.
[Approved February 10, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eleven of said Act is hereby amended so as to read as follows: Section eleven. The District Attorney shall, without fees, give his legal opinion to any Assessor, Collector, Auditor, or County Treasurer, and to all other county, township or district officers, within his county, in any matter relating to the duties of their respective offices. |
κ1887 Statutes of Nevada, Page 53 (CHAPTER 46)κ
give his legal opinion to any Assessor, Collector, Auditor, or County Treasurer, and to all other county, township or district officers, within his county, in any matter relating to the duties of their respective offices. |
Legal opinion without fees. |
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Chap. XLVIIAn Act authorizing the Board of County Commissioners of Elko county to reimburse the paid-up subscribers to the State University Building Company at Elko, Nevada, and to audit and allow certain other claims.
[Approved February 11, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Whereas, An Act to amend an Act entitled An Act to locate the State University, and to provide for the control and maintenance of the same, approved March seventh, eighteen hundred and seventy-three, and the amendatory Act thereto, approved March seventh, eighteen hundred and eighty-five, which provided for the removal of the State University from Elko to Reno, Washoe county, Nevada; and Whereas, Section seven of said original Act provided that if said State University shall be removed, for any cause, the title to the property, therein named, shall revert to the people donating the same; and Whereas, Said State University has been removed from the town and county of Elko pursuant to the provisions of the amendatory Act, approved March seventh, eighteen hundred and eighty-five, and is now permanently established at the town of Reno, Washoe county, State of Nevada, and that said Washoe county did pay, through its Board of County Commissioners, to Elko county, as compensation by reason of said removal, pursuant to the above-mentioned amendatory Act, the sum of twenty thousand ($20,000) dollars, and that the said above-mentioned sum, together with all the buildings and appurtenances thereunto belonging; that said Elko county is now in full possession of all the University property erected and donated by the people of Elko county; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act it shall be the duty of the Board of County Commissioners of Elko county, and they are hereby directed to set apart the sum of twenty thousand dollars, received from the County Commissioners of Washoe county as compensation for the removal of the State University from Elko to Reno, together with all other sums that they may have received by reason of sale, rents or profits from any of the University property or buildings, into a separate fund, to be known and designated as the State University Fund, and to be disbursed as herein provided. |
Preamble.
Board of Commissioners to set apart fund. |
κ1887 Statutes of Nevada, Page 54 (CHAPTER 47)κ
Pay into the General Fund.
Board of Commissioners to pass upon.
Surplus to revert to General Fund.
Must be presented before July 4, 1888.
Thirty days notice in newspapers.
Auditor to draw warrant.
Repeal. |
sums that they may have received by reason of sale, rents or profits from any of the University property or buildings, into a separate fund, to be known and designated as the State University Fund, and to be disbursed as herein provided. Sec. 2. Said Board of County Commissioners of Elko county, are hereby authorized and directed to set apart and cause to be paid into the General Fund of Elko county by resolution, the sum of twelve thousand ($12,000) dollars out of said State University Fund created by the first section of this Act, the same being the sum subscribed by the said Elko county for the erection of primary department buildings to the State University at Elko. Sec. 3. It is hereby further made the duty of said Board of County Commissioners, or a majority thereof, to pass upon and allow all of such sum or sums from time to time to all persons who shall show clearly to the satisfaction of a majority of said board that the several sums claimed by the parties respectively presenting the same, or their legal representatives, were by them subscribed and thereafter fully or partially paid up to the State University Building Company at Elko for the purpose of erecting said University building. Sec. 4. After all of the subscribers who have fully or partially paid their subscriptions toward the erection of said University building at Elko as provided for in this Act, any and all surplus moneys remaining in said fund shall revert to the General Fund of the county, for county purposes. All claims against said fund by reason of having subscribed thereto for the State University, that shall not be presented to said Board of County Commissioners on or before the fourth day of July, A. D. eighteen hundred and eighty-eight, shall be deemed to waive their rights to the payment of said subscription and on and after that date no farther claim shall be considered. The Board of County Commissioners are hereby required to give thirty days notice in each of the newspapers published in Elko county, that all claims against the State University Fund of Elko county will be considered and acted upon at any meeting of the board from and after the first Monday in April, A. D. eighteen hundred and eighty-seven, to the fourth day of July, A. D. eighteen hundred and eighty-eight, inclusive. Sec. 5. The County Auditor of Elko county is hereby directed to audit, allow and draw his warrant upon the State University Fund of Elko county, Nevada, upon the County Treasurer of said Elko county for such sums as said Board of County Commissioners may pass upon and allow for the purposes mentioned in this Act, and the County Treasurer of said Elko county is hereby directed to pay all of said warrants upon presentation at his office. Sec. 6. All Acts or parts of Acts that may conflict with the provisions of this Act are hereby repealed, so far as the same may relate to the county of Elko. Sec. 7. This Act shall take effect and be in full force from and after its passage. |
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κ1887 Statutes of Nevada, Page 55κ
Chap. XLVIII.An Act to amend an Act entitled An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869.
[Approved February 14, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and twenty-three of said Act is hereby amended so as to read as follows: Section one hundred and twenty-three. The plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment as hereinafter provided in the following cases: First-In an action upon contract for the direct payment of money made or by the terms thereof payable in this State, which is not secured by mortgage, lien or pledge upon real or personal property situated or being in this State, and if so secured when such security has been rendered nugatory by the act of the defendant. Second-In an action against a defendant not residing in this State. Third-In an action by a resident of this State for the recovery of the value of property, where such property has been converted by a defendant without the consent of the owner. Fourth-Where a defendant has absconded, or is about to abscond, with the intent to defraud his creditors. Fifth-Where a defendant conceals himself so that service of summons cannot be made upon him. Sixth-Where a defendant is about to remove his property, or any part thereof, beyond the jurisdiction of the court, with the intent to defraud his creditors. Seventh-Where a defendant is about to convert his property, or any part thereof, into money, with the intent to place it beyond the reach of his creditors. Eighth-Where a defendant has assigned, removed, disposed of, or is about to dispose of his property, or any part thereof, with the intent to defraud his creditors. Ninth-Where a defendant has fraudulently or criminally contracted the debt or incurred the obligation for which suit has been commenced. Sec. 2. Section one hundred and twenty-four of said Act is hereby amended so as to read as follows: Section one hundred and twenty-four. The Clerk of the court shall issue the writ of attachment upon receiving and filing an affidavit by or on behalf of the plaintiff showing the nature of the plaintiffs claim, that same is just, the amount which the affiant believes the plaintiff is entitled to recover, and the existence of any one of the grounds for an attachment enumerated in the preceding section. |
Security attachment.
Writ of issue. |
κ1887 Statutes of Nevada, Page 56 (CHAPTER 48)κ
|
which the affiant believes the plaintiff is entitled to recover, and the existence of any one of the grounds for an attachment enumerated in the preceding section. |
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Official fees. |
Chap. XLIX.An Act to amend an Act entitled An Act regulating the compensations of county officers in the several counties of this State, and other matters relating thereto; Act approved March 11, 1885.
[Approved February 14, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section four. 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. The Deputy Sheriff as Jailor shall receive twelve hundred dollars per annum. The County Clerk and the Recorder and ex-officio Auditor shall receive such fees as are allowed in the Act of March 9, 1965, and such other compensation as is allowed by law. The Treasurer shall receive twelve hundred dollars per annum. The Assessor shall receive sixteen hundred dollars per annum. The District Attorney shall receive twelve hundred dollars per annum. The Superintendent of Schools shall receive three hundred dollars per annum. The County Commissioners shall each receive six hundred dollars per annum and such mileage as is now allowed by law; provided, that after the expiration of the terms of the present incumbents the County Commissioners shall each receive four hundred dollars per annum and such mileage as is now allowed by law; 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 the county. This Act Shall be in force and effect from and after its passage. |
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|
Chap. L.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.]
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, |
κ1887 Statutes of Nevada, Page 57 (CHAPTER 50)κ
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, opened 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 said 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. 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 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 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 the Justices to the District Court. Upon finally ascertaining 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. |
Petition to open highway.
Appoint viewers.
Appeal from decision. |
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κ1887 Statutes of Nevada, Page 58κ
Non-resident ward.
Non-resident guardian.
Must file certificate
Receipt filed. |
Chap. LI.An Act supplementary to an Act entitled an Act entitled An Act to provide for the appointment and prescribe the duties of guardians, approved November 29, 1861.
[Approved February 14, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. If a ward be a non-resident of this State, and entitled to property in this State, and have a guardian by authority of the laws of the State, or Territory of the United States, or of a foreign country in which such ward resides, such property may be removed to such State or Territory or foreign country in which such ward resides, upon the application of such guardian to the District Court of this State in the county in which the property of such ward, or any part of such property is situated. Sec. 2. The application must be made upon ten days notice to the resident executor, administrator or guardian, if there be such, and upon such application the non-resident guardian must produce and file a certificate under the hand of the Clerk and seal of the court from which his appointment was derived, showing: First-A transcript of the record of his appointment. Second-That he has entered upon the discharge of his duties. Third-That he is entitled by the laws of the State, Territory or country of his appointment to the possession of the estate of his ward, or must produce and file a certificate, under the hand and seal of the Clerk of the court having jurisdiction in the country of his residence, of the estates of persons under guardianship, or of the highest court of such country, attested by a Minister, Consul or Vice-Consul of the United States resident in such country, that by the laws of such country the applicant is entitled to the custody of the estate of his ward, without the appointment of any court. Upon such application, unless good cause to the contrary is shown, the court may in its discretion, upon satisfactory proof that the interests of such ward are fully protected by sufficient security, in the place of residence of such foreign guardian, make an order granting to such guardian leave to take and remove the property of his ward to the State or place of his residence, which is authority to him to sue for and receive the same in his own name for the use and benefit of his ward. Sec. 3. Such order is a discharge of the executor, administrator, local guardian, or other person in whose possession the property may be at the time the order is made, on filing with the court the receipt therefor of the foreign guardian of such absent ward; said receipt shall be recorded in the records of said court, and the court shall make an order discharging said executor, administrator or local guardian from all further duties and responsibilities as such executor, |
κ1887 Statutes of Nevada, Page 59 (CHAPTER 51)κ
duties and responsibilities as such executor, administrator or guardian, and that his letters of administration or guardianship are vacated, and that the sureties upon the bond of such executor, administrator or guardian are released from any liability thereafter incurred. |
|
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Chap. LII.An Act to provide for a county hospital in Churchill county, and matters pertaining thereto.
[Approved February 15, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Commissioners of Churchill county are hereby authorized and empowered to provide for the purchase of a suitable piece, parcel or tract of land within a reasonable distance of the county seat of said county, and to cause to be erected thereon, and properly equipped, a county hospital; provided, that if the said Board of Commissioners think the best interest of the county will be subserved, they may purchase a suitable building or buildings, with a site, for such purpose; and, provided further, that the entire cost of the same shall not exceed fifteen hundred dollars. Sec. 2. Immediately after the completion and furnishing or purchase of a county hospital, the said Board of Commissioners shall cause the transfer of all persons receiving aid from the county to the said county hospital, where they shall be properly cared for. Sec. 3. All persons applying for county aid, and refusing to enter the hospital herein provided for, after such refusal, shall not be cared for or treated elsewhere at the expense of the county. Sec. 4. The said Board of County Commissioners, if in their discretion they deem it necessary, are hereby authorized and empowered to transfer five hundred dollars from the General or Contingent Fund of the county to the Indigent Sick Fund. Sec. 5. The said Board of County Commissioners are hereby authorized and empowered, in their discretion, to sell at public auction, after giving notice of the sale thereof, according to law, the building and lands connected therewith, which is now used for a county hospital, and to place the proceeds thereof into the General School Fund of said county. |
Commissioners empowered.
Transfer indigents.
Transfer money.
Empowered to sell |
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κ1887 Statutes of Nevada, Page 60κ
Entitled to receive money.
Duty of Commissioners.
Bonds to bear interest, and how payable.
Amount applicable. |
Chap. LIII.An Act to encourage the construction of a railroad in the southern portion of the State of Nevada, and repeal all Acts and parts of Acts in conflict with the provisions of this Act.
[Approved February 15, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever within five (5) years from the passage of this Act the Nevada and Southwestern Railway Company, a corporation heretofore organized and now existing under the general laws of the State of Nevada, shall have constructed a first-class iron railroad of either narrow or standard gauge, through the counties of White Pine, Lincoln, Nye and Esmeralda, or either of them, it shall be entitled to receive from such county through which it shall have completed such railroad the bonds of such county to the extent of two thousand ($2,000) dollars per mile, in case the road shall be a narrow gauge, and three thousand ($3,000) dollars per mile in case the road shall be a standard gauge, for each and every mile of the main track of such railroad completed within such county. Sec. 2. Immediately upon receipt by the County Commissioners of either of said counties of a sworn certificate from the County Surveyor of their county, or of such a certificate from the Surveyor-General of the State of Nevada, setting forth that such railroad, as herein mentioned, has been completed, and the number of miles thereof within such county, it shall be the duty of the Board of County Commissioners of said county and they are hereby directed to immediately take such action as may be necessary to cause to be prepared, to issue and to deliver the bonds provided for in this Act to said company. Sec. 3. Said bonds shall bear interest at the rate of five (5) per cent. per annum, payable annually, and they shall be for the amount of five hundred ($500) dollars, one thousand ($1,000) dollars, and five thousand ($5,000) dollars respectively. They shall be printed with the necessary interest coupons attached to each, shall express upon the face of both bonds and coupons that they are payable in lawful money of the United States, subject to the provisions and conditions contained in this Act. Both bonds and coupons shall be payable to bearer, and the interest thereon shall be paid upon the first day of January subsequent to the issuance of such bonds, and upon the first day of each January thereafter until all interest payable upon the same shall have been fully extinguished. Both the interest and principal of said bonds shall only be paid by the Treasurer of the county from which they may have been issued, at the time and in accordance with the provision of this Act. Sec. 4. In each of the counties from which bonds may be issued under and by virtue of this Act, there shall be annually applied from the revenue of such county, |
κ1887 Statutes of Nevada, Page 61 (CHAPTER 53)κ
applied from the revenue of such county, to the payment of the interest and the principal of said bonds, which shall have been issued by said county, a sum of money equal in amount to the sum which may be collected by said county from said Nevada and Southwestern Railway Company from the taxes levied upon the entire property of said company in said county, less the amount of taxes which may have been levied on and collected therefrom for State and school purposes; and the amount so applicable to the payment of the interest and the redemption of the principal of said bonds, shall be placed in a separate fund to be called the Railroad Interest and Sinking Fund, which shall be applied, first, to the payment of the interest as herein directed, and, second, to the redemption of the principal of said bonds, as provided in this Act, it being the true intent and meaning of this section of this Act that the interest and principal of all of the bonds issued under the provisions of this Act shall be paid only to the extent of the revenue derived by the respective counties from the taxes upon the property of said railroad company, less the amount realized by said counties, from the taxes levied for State and school purposes. Sec. 5. Said bonds shall be payable at any time within twenty-five (25) years, at the option of the county issuing the same, and both the interest and principal shall be paid only as provided in this Act. Sec. 6. The bonds issued under the provisions of this Act shall be paid as follows: Whenever all interest due upon said bonds issued by the respective counties shall have been fully paid, and there shall remain in the Railroad Interest and Sinking Fund of either county which has issued bonds under the provisions of this Act a surplus of two thousand ($2,000) dollars or more, the Board of County Commissioners of such county shall insert an advertisement in at least one newspaper, deemed by such board as most likely to convey notice to the holders of such bonds, for a period of two weeks, stating the amount of money on hand applicable to the purchase of said bonds, and inviting sealed proposals to surrender the same to be made and filed with the Clerk of such board on or before a day certain to be therein named. At the next meeting of such board after the day named in said advertisement, the board shall open such sealed proposals as have been duly filed, and to the extent of the amount of money so advertised shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds, and if no offer be made to surrender any of such bonds, then the Board of Commissioners of said county shall immediately publish in such newspaper aforesaid notice of such fact, coupled with a notification to whomsoever may be the holder or owner of the bonds of said county, that such bonds or such portion thereof, commencing with the smallest numbered ones unredeemed, and so continuing, which numbers shall be specified in such published notice, will cease to bear interest after two weeks from the first publication of such latter notice. |
Bonds payable at option.
How bonds shall be paid.
Preference given.
Will cease to bear interest. |
κ1887 Statutes of Nevada, Page 62 (CHAPTER 53)κ
Shall not constitute cause of action.
Shall apply to detached territory.
Faith of Nevada pledged.
Repeal. |
such latter notice. After two weeks publication of the last-mentioned notice, the bonds, the numbers of which shall have been properly included in such notice, shall cease to bear interest, and the money referred to in the first publication mentioned in this section shall thereafter remain in the county treasury as a special deposit, subject to the surrender of the bonds, the numbers of which were advertised as aforesaid. Sec. 7. The bonds to be issued under the provisions of this Act shall be delivered to said railroad company by the Board of County Commissioners of the respective counties named. They shall be signed by the Chairman and Clerk of the board, and shall bear the seal of such board. In case any of the bonds provided for in this Act shall remain unpaid at the end of twenty-five (25) years next after their issuance, they shall not constitute a cause of action against the county issuing them, but the same, with the interest thereon, shall continue to be paid by such county in the manner in this Act hereinbefore provided, and in no other way. Sec. 8. In case any of the territory through which said railroad may be built shall hereafter be detached from the county within which it is now embraced, and such territory added to some other county, the provisions of this Act respecting the issuance of said bonds and their mode of payment shall apply to such county and the officers thereof the same as though such county was originally included within the provisions hereof. Sec. 9. The faith of the State of Nevada is hereby pledged that this Act shall never be repealed, nor so modified as in any way to impair the security of those who shall hold or purchase any of the bonds in this Act provided, nor during the construction of said railroad after it has been in good faith commenced. Sec. 10. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Pay of jurors. |
Chap. LIV.An Act to amend 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, and to repeal all other Acts in relation thereto, approved February 27, 1883, approved February 12, 1885.
[Approved February 16, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above entitled Act is hereby amended so as to read as follows: Section nine. Each person summoned to attend as a grand or trial juror, unless he be excused by the Court at his own request, from serving on the day he is summoned to attend, shall receive three dollars per day for each day he may be in attendance, and fifteen cents per mile in traveling to and returning from court. |
κ1887 Statutes of Nevada, Page 63 (CHAPTER 54)κ
request, from serving on the day he is summoned to attend, shall receive three dollars per day for each day he may be in attendance, and fifteen cents per mile in traveling to and returning from court. In civil cases, the per diem of each juror engaged in the trial of the cause, to be paid by the party in whose favor the verdict is rendered, but to be recoverable as cost from the losing party. In every trial in a civil action before any court, if the jury be from any cause, discharged without finding a verdict, the fees of such jury shall be paid by the plaintiff, but may be recovered back as costs if he afterwards obtain judgment. Until they are paid, no further proceedings shall be had in the action. No person shall receive any fees for serving as a juror on a Coroners inquest, and jurors in Justices Courts shall receive but two dollars per day in civil cases; provided, that no fees shall be allowed trial jurors in criminal cases in Justices Courts. The fees paid to a juror by the parties in a civil case shall be deducted from the amount due him, and the balance only shall become a charge against the county. |
No pay as Coroners juror. |
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Chap. LV.An Act fixing the salaries of the county officers of Lincoln county, and providing for the compensation of a Deputy Sheriff therein.
[Approved February 17, 1887.]
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, 1889, the officers of Lincoln county shall receive the yearly salaries and compensations specified in this Act, and no more, to be paid in twelve equal payments to be made on the second Monday of each month. Sec. 2. The Sheriff shall receive nine hundred dollars a year, and when it becomes necessary in criminal cases to travel a greater distance than twenty miles from the county seat, he shall make and present to the Board of County Commissioners a bill of items of expense necessarily and actually incurred and paid, certified under oath, and if all the items are shown to be correct they shall order the bill paid; but they shall not order it paid except for such items of expense as were actually and necessarily incurred, and for no greater amount than was so actually and necessarily incurred. Sec. 3. The County Clerk shall receive five hundred dollars a year. Sec. 4. The County Treasurer shall receive eight hundred dollars a year. Sec. 5. The District Attorney shall receive eight hundred dollars a year. |
Yearly salaries.
Expense incurred. |
κ1887 Statutes of Nevada, Page 64 (CHAPTER 55)κ
Duplicate copies to be filed.
Surplus to be paid.
Bondsmen liable.
Commissioners may transfer.
State to allow. |
Sec. 6. The Recorder and Auditor shall receive fourteen hundred dollars a year. Sec. 7. The Assessor shall receive fourteen hundred dollars a year. Sec. 8. The County Commissioners shall each receive two hundred dollars a year. Sec. 9. The Superintendent of Public Schools shall receive two hundred dollars a year. Sec. 10. The officers named shall collect and safely keep all the fees, percentages and compensations allowed by law for services rendered by them or their deputies, and on the first Monday of each month pay the same to the County Treasurer. They shall at the end of each month make out and file duplicate copies with the Board of County Commissioners and the County Treasurer of a full and accurate statement of such fees, percentages and compensations received by them during the month, and shall each keep a book in which shall be entered by items the services performed by them or their deputies, and the fees received therefor, which book shall at all times be open to the inspection of every citizen. Sec. 11. Whenever during any quarter year ending March 31, June 30, September 30 or December 31, the fees, compensations and percentages allowed by law for the services rendered by the officers before mentioned, or any of them, and received by them, or any of them, and paid into the county treasury shall amount to more than his or their respective salaries, as herein specified, the Board of County Commissioners shall at their first meeting after the end of such quarter, order that one-half of the surplus over and above his or their salaries to be paid to such officer or officers who shall have paid in such greater amounts. Sec. 12. No officer named in this Act shall perform any service, except for the county, until the legal fees for such service are paid, and if any officer shall refuse or neglect to collect such fees, he and his bondsmen shall be liable in double the amount of such fees, to recovered in any court of competent jurisdiction. Sec. 13. All fees, percentages and compensations collected and paid to the County Treasurer as herein provided, shall be kept in a fund known as the Salary Fund. All warrants for the payments of salaries and compensations herein provided shall be drawn upon said fund. Whenever there shall be a surplus in the Salary Fund, the Board of County Commissioners may transfer said surplus to the General Fund; when there shall be a deficiency, they may transfer from the General Fund to the Salary Fund, a sum sufficient to meet warrants drawn against the latter. Sec. 14. The State of Nevada shall allow the county of Lincoln, for the services named in the Revenue Act, for the Auditor a sum equal to the proportion of the State tax to the whole tax levied in the county on the basis of one hundred dollars per month for that officer; for the Assessor, a sum equal to the proportion of the State tax to the whole tax levied in the county, on the basis of the salary allowed by this Act; for the Treasurer, four per cent. |
κ1887 Statutes of Nevada, Page 65 (CHAPTER 55)κ
in the county, on the basis of the salary allowed by this Act; for the Treasurer, four per cent. on all moneys paid to the State after deducting school moneys. These allowances shall be made at the times of the semi-annual settlements provided by law, upon vouchers furnished the County Treasurer by the Board of County Commissioners. Sec. 15. Immediately after the passage of this Act, the Board of County Commissioners may allow one of the deputies appointed by the Sheriff, a sum not exceeding fifty dollars per month for services as such deputy, who shall also without further compensation act as jailer, the money to be paid out of the Salary Fund at the same times as other officers are paid. Sec. 16. All Acts and parts of Acts in so far as they may conflict with the provisions of this Act, are hereby repealed. |
Deputys salary.
Repeal. |
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Chap. LVI.An Act to prevent drunkenness in office, fixing the penalty thereof and providing for the enforcement of the same.
[Approved February 17, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any civil officer in this State who shall, during his term of office, become intoxicated, or under the influence of alcoholic, malt or vinous liquors, so that he shall not at all times be in proper condition for the discharge of the duties of his office, shall be deemed guilty of a misdemeanor in office, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars, or imprisonment not exceeding one year, and shall be subject to removal from office by impeachment, if he be a State officer, and if a county or township officer, shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such conviction. Sec. 2. It Shall be the duty of the Sheriff and his deputies, Constable and his deputies, District Attorneys and all other peace officers in this State, upon receiving information from any person that the provisions of this Act have been violated, to immediately institute proceedings in the proper court against the person thus complained of, and prosecute the same with reasonable diligence to final judgment, and the provisions of this Act shall be specially charged to the grand juries of the several counties of the State at each sitting of the District Court. Sec. 3. In case of the conviction of any State officer under the provisions of this Act, it shall be the duty of the prosecuting officer obtaining such conviction to file a certified copy of the judgment roll with the Secretary of State, and the Secretary of State shall lay the same before the Legislature at its next session after receiving said judgment roll. |
Guilty of misdemeanor.
Institute proceedings
Judgment roll certified. |
κ1887 Statutes of Nevada, Page 66 (CHAPTER 56)κ
|
officer obtaining such conviction to file a certified copy of the judgment roll with the Secretary of State, and the Secretary of State shall lay the same before the Legislature at its next session after receiving said judgment roll. |
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Possession of mortgaged property.
May be seized. |
Chap. LVII.An Act to amend an Act entitled an Act to amend an Act entitled An Act concerning conveyances, approved November 5, 1861; approved March 2, 1885.
[Approved February 17, 1887.]
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 sixty-six. No mortgage of personal property shall be valid for any purpose against any other person than the parties thereto, unless possession of the mortgaged property be delivered to, and retained by, the mortgagee, or, unless the mortgage shall be recorded in the office of the County Recorder of the county where the property is situated, and also in the county where the mortgageor resides. A mortgage upon personal property, including growing crops, executed, acknowledged and recorded, shall be valid against all third parties without such delivery of possession; provided, that no such mortgage shall be valid for any purpose as against other than the parties thereto, unless there be appended or annexed thereto the affidavits of the mortgageor and mortgagee, or some person in their behalf, setting forth that the mortgage is made in good faith, and given for a debt actually owing from the mortgageor, stating the amount and character of such debt, and that the same is not made to hinder, delay or defraud any creditor of the mortgageor. Any personal property, mortgaged as aforesaid, may be seized under attachment or execution, and the surplus, over and above the mortgage debt, secured to any other creditor of the mortgageor by serving upon the mortgageor and mortgagee, or, in his absence from the county, upon his or their agent or other person in charge or possession of such personal property, a copy of the attachment or execution, or, in case no such person can be found in the county in charge or possession thereof, then by filing a copy of the writ of attachment or execution in the office of [the] County Recorder of the county where such property is situate, with a notice indorsed thereon by the officer executing the same, to the effect that such property is so attached. But the possession of mortgaged personal property shall not be taken from the mortgageor or mortgagee unless full payment of the mortgagees demand be first made, which, if done by the attaching or executing creditor of the mortgageor, |
κ1887 Statutes of Nevada, Page 67 (CHAPTER 57)κ
taching or executing creditor of the mortgageor, shall entitle him to hold such personal property and the possession thereof, under his levy for repayment to him of the amount so paid, in addition to his own individual demand; and any officer executing any execution, is hereby authorized to sell such property for the amount of such mortgage demand, in addition to the amount of the execution, and out of the proceeds of sale, to first satisfy such mortgage demand. In case of such levy of attachment or execution upon such mortgaged personal property, when the amount of the mortgage demand is not paid to the mortgagee, the officer may expose such property for sale, and may sell the same subject to the rights of the mortgagee under the mortgage, and the purchaser shall take the property subject to such rights and subject to the possession of the parties to the mortgage. The lien of a mortgagee upon a growing crop shall continue until after the crop shall be harvested and threshed or baled, or otherwise prepared for market, and delivered to the mortgagee or his order; provided, that a chattel mortgage upon a growing crop may be executed as well before as after the crop is planted, and when executed before the crop is planted, it shall be expressed in the mortgage that it is the intention of the parties that the same shall take effect upon the crops when planted. The several County Recorders of this State are hereby authorized and directed to procure for their respective offices, at the expense of the county, suitable books, properly indexed, for the recording of all chattel mortgages, which books shall be plainly labeled and marked Records of Chattel Mortgages. All chattel mortgages shall be recorded therein, and such books shall, at all times, be open to the public for inspection, and the mortgages therein recorded shall be canceled and discharged in the same manner as mortgages on real property are canceled and discharged. The Recorder of the several counties shall receive for recording chattel mortgages, indexing, and releasing the same, the same fees as are allowed them for mortgages on real estate; provided, that no chattel mortgage shall be given or be valid for a less sum than one hundred dollars. |
Authorized to sell.
Lien to continue.
Chattel mortgages to be recorded. |
________
Chap. LVIII.An Act to provide for the preservation of fish in the Humboldt river and its tributaries.
[Approved February 18, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons to catch or kill, in any manner whatever, or to induce, cause or employ any person or persons to catch or kill in any manner whatever, any of the fish within the waters of the Humboldt river, or within the waters of any of the tributaries thereof, from the first day of January to the first day of May following of each and every year. |
Unlawful to catch or kill fish. |
κ1887 Statutes of Nevada, Page 68 (CHAPTER 58)κ
Unlawful to sell or expose.
Repeal. |
whatever, any of the fish within the waters of the Humboldt river, or within the waters of any of the tributaries thereof, from the first day of January to the first day of May following of each and every year. Sec. 2. It Shall be unlawful for any person or persons, from the first day of July to the first day of December following of each and every year, to sell or to expose for sale, or to buy, procure or accept for any consideration from any person or persons whatever any of the fish caught or killed in the Humboldt river, or in any of the tributaries thereof. Sec. 3. Any violation of the provisions of this Act, or any of them, shall be deemed a misdemeanor, and any person so offending shall be fined in any sum not less than fifty dollars, or by imprisonment in the county jail for a period not exceeding three months, or by both such fine and imprisonment. Sec. 4. It shall be the duty of all District Attorneys, Sheriffs, Constables and all peace officers of the various counties in the State, containing part of the said Humboldt river, or any of the tributaries thereof, to enforce the provisions of this Act, and if any of the officers herein named shall, after receiving reliable information, or from their own observation of any violation of the provisions of this Act, or of any of them, wilfully neglect or refuse to arrest or prosecute any person or persons within their jurisdiction who may violate any of the provisions of this Act, shall be deemed guilty of a misdemeanor in office, and on conviction thereof shall be fined in a sum not less than two hundred dollars. Sec. 5. All laws or parts of laws now in force in any way conflicting with any of the provisions of this Act are hereby repealed. Sec. 6. This Act shall take effect and be in force from and after its passage. |
________
Repeal. |
Chap. LIX.An Act to repeal an Act authorizing the taxation of dogs.
[Approved February 18, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act authorizing the taxation of dogs, approved March seventh, eighteen hundred and eighty-five, is hereby repealed. |
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κ1887 Statutes of Nevada, Page 69κ
Chap. LX.An Act to amend an Act entitled An Act regulating the compensations of county officers in the several counties of this State, and other matters relating thereto, approved March 11, 1885.
[Approved February 19, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section two. The Sheriff of Washoe County shall receive thirty-six hundred dollars per annum as the total compensation of said Sheriff, Deputy Sheriff and Jailer; provided, said Sheriff shall be paid his actual necessary expenses incurred in traveling on official business, to be allowed and paid as other claims against the county are allowed and paid. The County Clerk shall receive eighteen hundred dollars per annum; the County Recorder and ex-officio Auditor shall receive eighteen hundred dollars per annum, of which sum twelve hundred dollars shall be for his salary as Auditor; the Treasurer shall receive eighteen hundred dollars per annum; the Assessor shall receive eighteen hundred dollars per annum; the Superintendent of Schools shall receive four hundred dollars per annum; the District Attorney shall receive fifteen hundred dollars per annum, which shall be full compensation for all services; The Commissioners shall each receive six hundred dollars per annum. |
Washoe county salaries of. |
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Chap. LXI.An Act to provide for procuring meteorological reports for the State of Nevada, and appropriating money for the payment of the same.
[Approved February 19, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State is hereby authorized to contract with C. W. Friend, of Carson City, for the purchase of monthly meteorological reports for the years 1885 and 1886, the same to be uniform in style and matter with reports of like character heretofore supplied to the State of Nevada by said C. W. Friend. Sec. 2. The price to be paid for said reports shall not exceed twelve dollars and a half a month for said monthly reports. |
Monthly reports. 1885 and 1886.
Price paid. |
κ1887 Statutes of Nevada, Page 70 (CHAPTER 61)κ
Amount appropriated.
Librarian to preserve reports.
To be printed.
Controller to draw warrant. |
Sec. 3. The sum of three hundred dollars is hereby appropriated out of any moneys in the General Fund of the State treasury not otherwise appropriated, for the purchase of said reports, the claim to be passed upon by the Board of Examiners, and to be paid as other claims against the State are paid. Sec. 4. Upon receiving the reports mentioned in the first section of this Act, the Secretary of State shall at once transfer the same to the State Librarian, together with all similar reports now on file in the office of the said Secretary of State. The State Librarian shall carefully preserve said reports, and he is hereby authorized and directed to have the same properly bound. Sec. 5. Said C. W. Friend is hereby authorized to prepare a compendium of his reports for the years 1885 and 1886, similar to his compendium for the years 1883 and 1884, at a cost not to exceed two hundred dollars, and the Superintendent of State Printing is directed to print two thousand copies thereof for the use of the Legislature and the State officers. Sec. 6. The sum of two hundred dollars is hereby appropriated out of any moneys in the General Fund of this State, not otherwise appropriated, to carry out the provisions of Section five of this Act, and the State Controller is hereby directed to draw his warrant in favor of C. W. Friend, for the sum of two hundred dollars when he has complied with the provisions of said Section five. |
________
Central weather station established.
Volunteer stations. |
Chap. LXII.An Act to establish a weather service station in Nevada and to provide for the appointment of a Director thereof, and appropriating money to pay the expenses of the same.
[Approved February 19, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The establishment of a weather service station being necessary to secure as complete a history of the weather of Nevada as possible, in order to furnish trustworthy material for a study of its climate, to acquaint the people of the State and non-residents with the physical conditions of every locality, based upon reliable climatic data, thereby greatly benefitting agricultural, commercial, manufacturing and municipal interests, there is hereby established at Carson City, in this State, a central weather station, to be under the supervision of a competent Director, to be appointed as hereinafter provided. Sec. 2. The duties of said Director shall be to establish volunteer weather stations throughout the State, at least one in each county, and to supervise the same; to receive reports from said volunteer weather stations; |
κ1887 Statutes of Nevada, Page 71 (CHAPTER 62)κ
said volunteer weather stations; reduce the same to tabular form, and prepare and have printed monthly reports, copies of which shall be, by said Director, sent to all colleges, high schools, hospitals, public libraries, agricultural societies and newspaper proprietors, who shall in writing request the same. Sec. 3. Said Director shall also prepare an annual report of his labors, and of the work done by the volunteer weather service, and present the same to the Governor for publication. Fifteen hundred copies of said report shall be printed by the Superintendent of State Printing, of which five hundred shall be for the use of State officers, and one thousand shall be for the use of the Legislature. The Superintendent of State Printing shall do all the printing necessary to carry out the requirements of this Act, and the Secretary of State is authorized to furnish to said Director whatever stationery he may need in the proper performance of his duty. Sec. 4. Said Director shall be appointed by the Governor, and in addition to other duties required under the provisions of this Act, he shall file with the State Librarian monthly reports of the meteorological observations provided for in the third section of this Act, and the same shall be carefully preserved by said Librarian and be open to inspection during office hours to any one applying therefor. For the performance of the duties prescribed by this Act, the Director hereinbefore mentioned, shall receive a salary of six hundred dollars a year, payable in monthly installments, upon the claims being allowed by the Board of Examiners, and said claims shall be paid as other claims against the State are paid, and shall be in full for all demands of said Director, including traveling expenses. Sec. 5. Said Director is authorized to provide for the equipment of such volunteer weather stations as shall be established by him, of which there shall be at least one in each county, at a cost not to exceed twenty-five dollars for each station so established. Each station shall be supplied with the following instruments: One maximum thermometer, one minimum thermometer, one dry bulb thermometer, one wet bulb thermometer, one rain gauge, with overflow attachment, and such other instruments as may be necessary, of which the cost shall not exceed the sum of twenty-five dollars for each station, as hereinbefore provided. Said Director shall apply to the United States Central Signal Office in Washington, D. C., to have the weather stations in this State recognized and registered as volunteer stations, auxiliary to the United States weather service, and shall also apply for and receive the printed blanks, franked envelopes and books of Instructions for voluntary observers of the signal service of the United States Army, and such other stationery as is usually supplied to the volunteer observers. All instruments purchased with State funds by said Director for use in any department of the weather service in this State, and all charts, maps, diagrams and tabulated forms made by him in his official capacity, shall be the property of the State solely. |
Annual report.
Necessary printing and stationery.
Director appointed.
Monthly reports.
Salary of Director.
Instruments of stations, cost of.
Apply for blanks, etc.
Property the State. |
κ1887 Statutes of Nevada, Page 72 (CHAPTER 62)κ
Salary appropriated.
To purchase instruments. County Auditors constituted reporters. |
Sec. 6. For the purpose of paying the salary of the Director herein mentioned during the years 1887 and 1888, the sum of twelve hundred dollars is hereby appropriated out of any moneys in the General Fund not otherwise appropriated. Sec. 7. The sum of five hundred dollars is hereby appropriated out of any moneys in the State treasury not otherwise appropriated, to be applied in purchasing the instruments provided for in the fifth section of this Act. Sec. 8. The County Auditors of the respective counties of this State are hereby constituted volunteer reporters of meteorological observations, and shall keep and record such observations and reports as are required by the provisions of this Act, and report the same to the Director of the Nevada weather service station, and shall perform such duty without compensation additional to that now allowed by law for the performance of other duties of their office. |
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Infected with disease.
To be enclosed or herded.
A misdemeanor. |
Chap. LXIII.An Act to protect the live stock of this State from disease, and providing a penalty for driving or allowing diseased stock to run at large upon the public lands.
[Approved February 19, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful to drive any horse infected with glanders, or pink eye; any sheep infected with scab, or foot rot; any neat cattle infected with spanich or texes or splenic fever, or with pleuro-pneumonia; any hog infected with cholera or trichina, or any of said animals that are infected with or that have been exposed to any of the above diseases whatever, along any highway or traveled road in this State. Sec. 2. The owner of any animal or animals so infected or diseased, as mentioned in Section one of this Act, or that has been exposed to any contagious disease, and the person or persons in charge thereof shall keep such animal or animals safely enclosed or securely herded upon lands owned by or held in actual possession by them under the laws of this State by the owner or person in charge of such animal or animals. Sec. 3. Every person who may violate either of the preceding sections of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished therefor by a fine not less than thirty nor exceeding five hundred dollars, or by imprisonment in [the] county jail for a term not exceeding six months, or by both such fine and imprisonment in the discretion of the court, and the owner or owners of any animal or animals injured or damaged by any act or omission in violation of the provisions of this Act shall be entitled to recover the amount of damages sustained from the owner or owners of the diseased live stock from which the contagion came, and shall also be entitled to recover the cost of prosecution. |
κ1887 Statutes of Nevada, Page 73 (CHAPTER 63)κ
in violation of the provisions of this Act shall be entitled to recover the amount of damages sustained from the owner or owners of the diseased live stock from which the contagion came, and shall also be entitled to recover the cost of prosecution. |
Entitled to recover damages. |
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Chap. LXIV.An Act relating to and consolidating certain county offices in the State of Nevada.
[Approved February 23, 1887.]
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 eighty-nine, the District Attorneys, in addition to their respective duties, shall be ex-officio Superintendent of Schools within their respective counties, without additional compensation. Sec. 2. There shall be no County Superintendent of Schools elected in this State except as provided in Section one of this Act. Sec. 3. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
District Attorneys, ex-officio Superintendent of Schools. |
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Chap. LXV.An Act to encourage the construction of a railroad in the county of Humboldt, State of Nevada.
[Approved February 23, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever, within five years from the passage of this Act, the Nevada, Idaho and Montana Railway Company, a corporation hertofore organized and now existing under and by virtue of the laws of the State of Nevada, shall have constructed, a first-class iron railroad, of either standard or narrow gauge, from the Central Pacific Railroad, at or in the vicinity of the town of Winnemucca, to the northern boundary line of the State of Nevada, it shall be entitled to receive the bond of said county of Humboldt to the extent of three thousand dollars per mile, in case the road shall be a standard gauge, and two thousand dollars per mile in case the road shall be a narrow gauge, for each and every mile of the main track of said railroad completed in said county. |
Entitled to receive money. |
κ1887 Statutes of Nevada, Page 74 (CHAPTER 65)κ
Duty of Commissioners.
Bonds to bear interest and how payable.
Amount applicable.
Bonds payable at option. |
narrow gauge, for each and every mile of the main track of said railroad completed in said county. Sec. 2. Immediately upon the receipt by the Board of County Commissioners of said county of Humboldt of a sworn certificate of the County Surveyor of said county, or of such a certificate from the Surveyor-General of the State of Nevada, setting forth that such railroad as herein mentioned, has been completed and the number of miles thereof within the county of Humboldt, it shall be the duty of said Board of County Commissioners, and they are hereby directed to take such action as may be necessary to cause to be prepared, to issue and to deliver the bonds provided for in this Act to said railroad company. Sec. 3. Said bonds shall bear interest at the rate of four (4) per cent. per annum, payable annually, and they shall be for the sum of five hundred ($500) dollars, one thousand ($1,000) dollars, and five thousand ($5,000), respectively. They shall be printed with necessary interest coupons attached to each, and shall express upon the face of both bonds and coupons that they are payable in lawful money of the United States, subject to the provisions and conditions of this Act. Both bonds and coupons shall be payable to bearer, and the interest thereon shall be paid upon the first day of January subsequent to their issuance, and upon the first day of each January thereafter until the same shall have been fully extinguished. Both the interest and principal of said bonds shall only be paid by the Treasurer of said county of Humboldt at the time and in accordance with the provisions of this Act. Sec. 4. There shall be annually applied from the revenue of said county of Humboldt to the payment of the interest of the bonds which may be issued under the provisions of this Act, and to the redemption of the principal thereof, a sum of money equal in amount to the sum which may be collected by said county from said Nevada, Idaho and Montana Railway Company from the taxes levied upon the entire property of said company in said county, less the amount of taxes which may have been levied for State and school purposes, and the amount so applicable to the payment of the interest and the redemption of principal of said bonds shall be placed in a separate fund, to be called the Railroad Interest and Sinking Fund, which said fund shall be applied: First-To the payment of the interest as herein directed; and Second-To the redemption of the principal of said bonds as provided in this Act, it being the true intent and meaning of this section of this Act, that the interest and principal of all of the bonds issued under the provisions of this Act, shall be paid only to the extent of the revenue derived by said county from the taxes upon all of the property of said company, less the amount realized by said county from the taxes levied and collected from said company for State and school purposes. Sec. 5. Said bonds shall be payable at any time within twenty-five years from the date of their issuance, at the option of said county, and both the interest and principal shall be paid only as provided in this Act. |
κ1887 Statutes of Nevada, Page 75 (CHAPTER 65)κ
of said county, and both the interest and principal shall be paid only as provided in this Act. Sec. 6. The bonds issued under the provisions of this Act shall be paid as follows: Whenever all of the interest due upon said bonds issued by said county shall have been fully paid, and there shall remain in the Railroad Interest and Sinking Fund of said county a surplus of two thousand dollars or more, the Board of County Commissioners of said county shall insert an advertisement in at least one newspaper deemed by such board as most likely to convey notice to the holders of such bonds, for a period of two weeks, stating the amount of money on hand applicable to the purchase of said bonds, and inviting sealed proposals to surrender the same to be made and filed with the Clerk of said board on or before a day certain to be named therein. At the next meeting of said board after the day named in said advertisement, the board shall open such sealed proposals as shall have been duly filed, and to the extent of the amount of money so advertised shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender the bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds, and if no offer be made to surrender any of said bonds, then the Board of County Commissioners of said county shall immediately publish in such newspaper aforesaid notice of such fact, coupled with a notification to whomsoever may be the holder or owner of the bonds of said county, that such bonds or such portion thereof commencing with the smallest numbered ones unredeemed, and so continuing, which number shall be specified in such published notice, will cease to bear interest after two weeks from the first publication of such latter notice. After two weeks publication of the last mentioned notice the bonds, the numbers of which shall have been properly included in such notice, shall cease to bear interest, and the money referred to in the first publication mentioned in this section, shall thereafter remain in the county treasury as a special deposit, subject to the surrender of the bonds, the numbers of which were advertised as aforesaid. Sec. 7. The bonds to be issued under the provisions of this Act shall be delivered to said railroad company by the Board of County Commissioners of said county of Humboldt. They shall be signed by the Chairman and Clerk of said board, and under the seal of the board, and in case any of the bonds issued under the provisions of this Act shall remain unpaid at the end of twenty-five years, next after their issuance, they shall not constitute a cause of action against said county, but the same, together with the interest thereon, shall continue to be paid by said county in the manner in this Act hereinbefore provided and in no other way. Sec. 8. The faith of the State of Nevada is hereby pledged that this Act shall never be repealed nor so modified as in any way to impair the security of those who shall hold or purchase said bonds in this Act provided, nor during the construction of said railroad after it has been in good faith commenced. |
How bonds shall be paid.
Preference given.
Shall be cease to bear interest.
Company to receive bonds.
Faith pledged. |
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κ1887 Statutes of Nevada, Page 76κ
Warden to construct line. |
Chap. LXVI.An Act to provide for constructing a telephone line between the office of the Warden of the State Prison and the office of the Sheriff of Ormsby county.
[Approved February 23, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Warden of the State Prison is hereby authorized to construct or have constructed and equipped a telephone line, with proper connections, between the office of said Warden at the State prison and the office of the Sheriff of Ormsby county in Carson City, Nevada. The cost of constructing and maintaining said telephone line shall be paid out of the appropriation for the support of the Nevada State prison. |
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Where applied. |
Chap. LXVII.An Act amendatory of an Act to amend an Act entitled An Act to regulate fees and compensations for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883; amended March 18, 1885.
[Approved February 23, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of this Act shall read as follows: Section three. This Act shall apply to Ormsby, Humboldt, Elko and Eureka counties only. |
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To transfer maps. |
Chap. LXVIII.An Act relative to maps of State and county boundaries.
[Approved February 23, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State is directed to transfer from his office, to the office of the Surveyor-General, all maps of State and county boundaries now in his possession. All such maps shall hereafter be filed in the office of the Surveyor-General. Sec. 2. All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. |
________
κ1887 Statutes of Nevada, Page 77κ
Chap. LXIX.An Act relating to and consolidating certain county offices in the State of Nevada.
[Approved February 23, 1887.]
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-one, in all counties in the State of Nevada containing a voting population of from three hundred and fifty to six hundred and ninety inclusive, to be determined by the total vote cast therein at the last general election preceding the time when the officers hereinafter named are required to assume the duties of their respective offices, the Sheriffs in addition to their duties as Sheriffs, shall be ex-officio Assessors, and shall receive therefor one-half the compensation allowed by law to the present County Assessors, unless otherwise hereafter provided by law. Sec. 2. At the general election to be held on the first Tuesday in November, A. D. eighteen hundred and ninety, and at each subsequent general election there shall not be elected in the counties affected by this Act any County Assessor except as provided in Section one of this Act. Sec. 3. All Acts and parts of Acts in so far as they conflict with the provisions of this Act are hereby repealed. |
Sheriffs, ex-officio Assessors.
Proviso. |
________
Chap. LXX.An Act to provide for the appointment of Deputy County Assessors, and to provide for their compensation.
[Approved February 23, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of each county, in their discretion, may authorize the County Assessor to appoint one or more deputies, who shall receive not to exceed five dollars for each days service actually performed, and said Commissioners shall not allow pay for such deputy for more than six months in each year, and may limit the time for which he is to be paid to any number of days less than six months, in their discretion. Sec. 2. The compensation of Deputy Assessors shall be paid by the County Treasurer out of the same fund and in the same manner as the salary of the Assessor. Sec. 3. The provisions of this Act shall not apply to any county in this State which polled eighteen hundred votes or more at the general election in the year one thousand eight hundred and eighty-six. |
May appoint deputies.
How paid.
When not applicable. |
κ1887 Statutes of Nevada, Page 78 (CHAPTER 70)κ
|
more at the general election in the year one thousand eight hundred and eighty-six. Sec. 4. All Act and parts of Acts, in so far as they may conflict with this Act, are hereby repealed. |
________
Who liable. |
Chap. LXXI.An Act fixing the rate of poll tax in the State of Nevada, and to repeal all other Acts relating thereto.
[Approved February 23, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Each male resident of this State, over twenty-one and under sixty years of age, uncivilized American Indians exempt, and not by law exempt, shall pay an annual poll tax, for the use of the State and county, of three ($3) dollars, and for the purpose of this Act any person shall be deemed to be a resident of this State who shall reside in this State or who shall be employed therein upon any public or private works for a period exceeding ten days. Sec. 2. All Acts or parts of Acts, in conflict with this Act, are hereby repealed. |
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Property exempt from execution. |
Chap. LXXII.An Act to amend Section two hundred and twenty-one of an Act entitled An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto.
[Approved February 23, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two hundred and twenty-one of said Act is hereby amended so as to read as follows: Section two hundred and twenty-one. The following property shall be exempt from execution except as herein otherwise specially provided: First-Chairs, tables, desks and books, to the value of one hundred dollars, belonging to the judgment debtor. Second-Necessary household table and kitchen furniture belonging to the judgment debtor, including stove, stovepipe and stove furniture, wearing apparel, beds, bedding and bedsteads, and provisions and firewood actually provided for individual or family use sufficient for one month. |
κ1887 Statutes of Nevada, Page 79 (CHAPTER 72)κ
Third-The farming utensils or implements of husbandry of the judgment debtor; also two oxen or two horses or two mules, and their harness, two cows and one cart or wagon, and food for such oxen, horses, cows or mules for one month; also all seed, grain or vegetables, actually provided, reserved or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value two hundred dollars. Fourth-The tools and implements of a mechanic or artisan necessary to carry on his trade; the instruments and chests of a surgeon, physician, surveyor and dentist, necessary to the exercise of their profession, with their scientific and professional libraries, and the law libraries of an attorney or counselor, and the libraries of ministers of the gospel. Fifth-The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars, also his sluices, pipes, hose, windlass, whim, derrick, cars, pumps, tools, implements and appliances necessary for carrying on any kind of mining operations, not exceeding in value the aggregate sum of five hundred dollars, and two horses, mules or oxen, with their harness, and food for such horses, oxen or mules for one month, when necessary to be used for any whim, windlass, derrick, car, pump or hoisting apparatus. Sixth-Two oxen, two horses or two mules and their harness, and one cart or wagon, by the use of which a cartman, huckster, peddler, teamster or other laborer habitually earns his living; and one horse with vehicle and harness or other equipments used by a physician or surgeon or minister of the gospel in making his professional visits, and also food for such oxen, mules or horses for one month. For every livery stable keeper, two horses or mules, with vehicle and harness; provided, the whole shall not exceed in value five hundred dollars. Seventh-One sewing machine, not exceeding in value one hundred and fifty dollars, in actual use by the debtor or his family. Eighth-All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereto appertaining, and all furniture and uniforms of any fire company or department now existing, or which may be, under the laws of this State, hereafter organized. Ninth-All arms, uniforms and accoutrements required by law to be kept by any person. Tenth-All court houses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, paper and appurtenances belonging and pertaining to the court house, jail and public offices, belonging to any county of this State; all cemeteries, public squares, parks and places, and public buildings, town halls, public markets, buildings for the use of the fire departments, and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city or dedicated by such town or city to health, ornament or public use, or for the use of any fire or military company now existing, or which may be, under the laws of the State, hereafter organized. |
Property exempt from execution. |
κ1887 Statutes of Nevada, Page 80 (CHAPTER 72)κ
Exception. |
ing, or which may be, under the laws of the State, hereafter organized. Eleventh-No article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price, or upon a mortgage thereon. |
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To minors, prohibited.
Misdemeanor. |
Chap. LXXIII.An Act to restrict the sale of cigarettes, cigars and tobacco.
[Approved February 23, 1887.]
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 unlawful for any person or persons within this State to sell or give to any minor under the age of eighteen years, any cigarette or cigarettes, cigar or cigars, or any tobacco of any kind or description, without a written order from one of the parents or guardians. Sec. 2. Any person within this State who shall violate any of the provisions of Section one of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof before any Justice of the Peace, shall be fined in any sum not exceeding two hundred dollars, or imprisoned in the county jail not exceeding two months, or by both such fine and imprisonment, in the discretion of the court. |
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Commissioners authorized to pay. |
Chap. LXXIV.An Act authorizing the Board of County Commissioners of Elko county to pay J. B. Fitch for extra labor, expenses and material in building the State University at Elko.
[Approved February 23, 1887.]
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, are authorized by this Act to pay J. B. Fitch, from the General County Fund, one thousand dollars for extra labor, material and expenses incurred and paid by him in building the State University at Elko, during the years 1874 and 1875. |
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κ1887 Statutes of Nevada, Page 81κ
Chap. LXXV.An Act to relating to District Attorneys and partners thereof.
[Approved February 23, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No District Attorney, or partner thereof, shall appear within his county as attorney in, or directly or indirectly aid, counsel or assist in the defense in any criminal action began or prosecuted during his term; nor in any civil action began or prosecuted during his term, in behalf of any person suing or sued by the State or any county thereof. Sec. 2. A violation of this Act shall be deemed a misdemeanor, and punished by a fine not less than two hundred and fifty dollars and not more than one thousand dollars, and in addition the offender shall be disbarred from practicing law in any of the courts of this State until restored by Supreme Court of the State. Sec. 3. This Act shall apply with equal effect to any and all partners of said District Attorneys. |
Not to engage as counsel against State or county.
Misdemeanor. |
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Chap. LXXVI.An Act to further define and punish embezzlement.
[Approved February 24, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person, or any agent, manager or clerk of any person, corporation, association or partnership with whom any money, property or effects shall have been deposited or entrusted, who shall use or appropriate such money, property or effects or any part thereof in any manner or for any other purpose than that for which the same was deposited or entrusted, shall be guilty of embezzlement. Sec. 2. Every person, agent, manager or clerk convicted under the provisions of this Act shall be imprisoned in the State prison not less than one nor more than fifteen years. |
Defined.
Imprisonment. |
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κ1887 Statutes of Nevada, Page 82κ
Amount allowed. |
Chap. LXXVII.An Act to amend an Act entitled An Act in relation to money of account and interest, approved November 28, 1861.
[Approved February 24, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of the above Act is amended so as to read as follows: Section four. When there is no express contract, in writing, fixing a different rate of interest, interest shall be allowed at the rate of seven per cent. per annum for all moneys after they become due on any bond, bill or promissory note, or other instrument of writing, on any judgment recovered before any court in this State for money lent, for money due on the settlement of accounts from the day on which the balance is ascertained, and from money received to the use of another. |
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Time granted. |
Chap. LXXVIII.An Act to grant leave of absence to Geo. F. Talbot, District Attorney of Elko county.
[Approved February 25, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Geo. F. Talbot, District Attorney of Elko county, is granted a leave of absence from this State for the term of four months at any time during the years 1887 and 1888, which he may select; provided, that he shall have and leave a competent deputy to faithfully discharge the duties of his said office. |
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Chap. LXXIX.An Act to amend an Act entitled An Act concerning crime and punishments, approved November 26, 1861.
[Approved February 25, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and ten of said Act is hereby amended so as to read as follows: Section one hundred and ten. If two or more persons shall conspire either to commit any offense or falsely and maliciously to indict another for any offense, |
κ1887 Statutes of Nevada, Page 83 (CHAPTER 79)κ
conspire either to commit any offense or falsely and maliciously to indict another for any offense, or to procure another to be charged or arrested for any such offense, or falsely to move or maintain any suit, or to cheat or defraud any person of any property by any means which, if executed, would amount to a cheat, or to obtain money or property by false pretenses, or to cheat or defraud any person of any property by any means which are in themselves criminal, or to commit any acts injurious to the public health, to public morals or to trade or commerce, or for the perversion or obstruction of justice or due administration of the laws, they shall, on conviction, be punished by imprisonment in the county jail not more than six months, or by a fine of not more than one thousand dollars; provided, that it shall not be necessary to procure conviction under this section, to prove any overt act done in pursuance of said conspiracy; and provided further, that no part of this Act shall be construed in any court of this State to restrict or prohibit the orderly and peaceably assembling or co-operation of persons employed in any profession, trade or handicraft for the purpose of securing an advance in the rate of wages, or compensation, or for the maintenance of such rate. |
Conspire and defraud.
Penalty. |
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Chap. LXXX.An Act to provide for any person or persons owning or controlling any ditches, diverting the waters of any river or stream in and on to lands for the purpose of irrigation; to construct and maintain waste ditches and flumes, and to provide the right of way through the lands of others.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons who have constructed, or who may construct any ditch or flume for the purpose of diverting the water of any river or stream in and on to their lands for the purpose irrigating and cultivating the same, or who owns or controls or may own and control any such ditch flume, and who have no natural or artificial ditch or way for conveying off any or all surplus water from such lands, shall have the right to enter upon private lands for the purpose of examining and surveying the same for the purpose of constructing and maintaining a waste ditch and the necessary flumes connected therewith, and when such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of the said waste ditch and flumes may be appropriated therefor in the same manner as is provided for the appropriation of lands of others in an Act to amend an Act entitled An Act to allow any person or persons to divert the waters of any river or stream, and run the same through any ditch or flume, and to provide for the right of way through the lands of others, approved March 3, 1866; approved March 5, 1869. |
Right to enter private lands. |
κ1887 Statutes of Nevada, Page 84 (CHAPTER 80)κ
|
son or persons to divert the waters of any river or stream, and run the same through any ditch or flume, and to provide for the right of way through the lands of others, approved March 3, 1866; approved March 5, 1869. |
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Unlawful to rent or keep
Penalty.
Competent evidence.
Duty of officers. |
Chap. LXXXI.An Act to regulate houses of prostitution, dance houses, and houses where beer, wine or spirituous liquors are sold.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any owner or agent of any owner, or any other person to keep any house of ill-fame, or to let or rent for any length of time whatever to any woman of ill-fame any house, room or structure situated within four hundred yards of any school house or school room used by any of the public schools in the State of Nevada. Sec. 2. It shall be unlawful for any owner or agent of any owner or any other person to keep, let or rent for any length of time, or at all, any house fronting on the principal business street or thoroughfare of any of the towns of this State, for the purpose of prostitution or for the purpose of keeping any dance house or house commonly called a hurdy house, or house where wine, beer or spirituous liquors are sold or served by females or female waiters or attendants, or where females are used or employed to attract or solicit custom, nor shall any entrance or exit way to any house referred to in this section be made or used from the principal business street or thoroughfare of any of the towns of this State. Sec. 3. Any person violating the provisions of Sections one or two of this Act shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than twenty-five dollars nor more than three hundred dollars, or be imprisoned in the county jail not less than five nor more than sixty days, or by both such fine and imprisonment, in the discretion of the court. Sec. 4. The provisions of this Act shall not apply to towns and cities now incorporated. Sec. 5. In the trial of all cases arising under the provisions of this Act, evidence of general reputation shall be deemed competent evidence as to the question of the ill-fame of any house alleged to be so kept, and to the question of the ill-fame of such woman. Sec. 6. It shall be the duty of the District Attorney and Sheriff of each county in this State to see that the provisions of this Act are strictly enforced and carried into effect, and upon neglecting so to do they, |
κ1887 Statutes of Nevada, Page 85 (CHAPTER 81)κ
upon neglecting so to do they, or either of them, shall be deemed guilty of misdemeanor in office, and may be proceeded against as provided in Sections sixty-three to seventy-two, inclusive, of an Act entitled An Act relating to elections, approved March twelfth, eighteen hundred and seventy-three. Sec. 7. This Act shall take effect and be in force from and after the first day of May, eighteen hundred and eighty-seven. |
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Chap. LXXXII.An Act to regulate and license mutual life associations in this State.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Mutual life assessment associations, duly incorporated and organized on the life plan only, and who only issue plain life certificates and none other, shall not be required to make a showing of capital stock, but shall be permitted to do business in this State upon the following conditions only: They shall each pay into the treasury of the State, under the direction and to the satisfaction of the State Controller, the sum of two hundred dollars per annum; upon the payment of said sum the State Controller shall issue to such life association a license duly verified under his hand and attested by his seal of office, authorizing such association to do business in this State for the period of one year from the date thereof, and subject to the provisions of an Act entitled An Act to license and regulate insurance business in this State, approved February 23, 1881, except so far as in this Act special provision is made. |
Payment of license. |
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Chap. LXXXIII.An Act consolidating certain county offices in the State of Nevada, and fixing the compensation of the officers thereof.
[Approved February 26,1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On an after the first Monday in January, A. D. 1889, in all counties of this State containing a voting population of not less than four hundred nor more than five hundred, to be determined by the total vote cast therein at the general election next preceding the election at which the officers hereinafter named shall be required to be elected, |
Determined by total vote cast. |
κ1887 Statutes of Nevada, Page 86 (CHAPTER 83)κ
Not to be elected.
Fees and compensation.
Repeal. |
election next preceding the election at which the officers hereinafter named shall be required to be elected, prior to assuming the duties of their respective offices, the County Clerks, in addition to their duties as County Clerks, shall be ex-officio County Treasurers. The District Attorneys, in addition to their duties as District Attorneys, shall be ex-officio County Superintendents of Public Schools. Sec. 2. At the general election, to be held on the first Tuesday in November, A. D. 1888, and at each subsequent election, there shall not be elected, in the counties affected by this Act, any County Treasurer or County Superintendent of Public Schools. Sec. 3. The following named officers, in the counties affected by this Act, shall receive in full payment for all services rendered by them, from and after the first Monday in January, A. D. 1889, the following compensation: The County Clerks, for services as County Clerks, the fees allowed to County Clerks under the provisions of the Act entitled An Act to regulate fees and compensation for official services in the State of Nevada, approved March 9, 1865, and for services as ex-officio County Treasurers, the sum of five hundred dollars per annum. Said sum being full compensation for all services rendered as ex-officio County Treasurers. The District Attorneys, for services as District Attorneys and ex-officio County Superintendents of Public Schools, shall receive nine hundred dollars per annum and such fees as are now allowed by law. Sec. 4. All Acts and parts of Acts in conflict with or which are repugnant to the provisions of this Act are hereby repealed. |
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Production of evidence. |
Chap. LXXXIV.An Act to facilitate the giving of bonds and undertakings required by law.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any company incorporated and organized under the laws of any State of the United States for the purpose of transacting business as surety on obligations of persons or corporations, and which has complied with all the requirements of the law regulating the admission of such companies to transact business in this State, may, upon production of evidence of solvency and credit satisfactory to the Judge, head of department or other officer authorized to approve such bond, be accepted as surety upon the bond of any person or corporation required by the laws of this State to execute a bond, and if such surety company shall furnish satisfactory evidence of its ability to provide all the security required by law, no additional security may be exacted; but other surety may, in the discretion of the official authorized to approve such bond, |
κ1887 Statutes of Nevada, Page 87 (CHAPTER 84)κ
discretion of the official authorized to approve such bond, be required, and such surety company may be released from its liability on the same terms and conditions as are by law prescribed for the release of individuals, it being the true intent and meaning of this Act to enable corporations created for that purpose to become surety on bonds required subject to all the rights and liabilities of private parties. No surety company not incorporated under the authority of this State shall, directly or indirectly, take risks or transact business in this State until it shall have first appointed the State Controller of this State to be the true and lawful attorney of such company, in and for this State, upon whom all lawful process may be served with the same effect as if the company existed in this State. Said power of attorney shall stipulate and agree on the part of the company that any lawful process against the company, which is served on said attorney, shall be of the same legal force and validity as if served on the company, and that the authority shall continue in force so long as any liability remains outstanding in this State. A certificate of such appointment shall be filed in the office of the Secretary of State, and copies certified by him shall be received in evidence in all the courts of this State. Service of process in actions and proceedings upon such attorney shall be deemed service upon the principal; but such principal shall be allowed thirty days thereafter with which to appear and plead in all such actions and proceedings. Whenever any lawful process against a surety company shall be served upon the State Controller he shall forthwith forward a copy of the process served upon him, by mail, postpaid, and directed to the secretary of the company. For each copy of the process the Secretary of State shall collect the sum of five dollars, which shall be paid by the plaintiff at the time of such service, the same to be recovered by him as a part of the taxable costs if he prevails in the suit. Sec. 2. Any court or officer whose duty it is to pass upon the account of any person or corporation required by law to give a bond or undertaking may, whenever such person or corporation has given any such surety company as security upon said bond or undertaking, allow in the settlement of such account a reasonable sum for the expense of procuring such surety; provided, the provision of this section shall not apply to any State or county officer required by law to give a bond. Sec. 3. Any company which shall execute any bonds as surety, under the provisions of this Act, shall be estopped in proceedings to enforce the liability which it shall have assumed to incur to deny its corporate power to execute such instrument or assume such liability. Sec. 4. All Acts or parts of Acts in conflict with this Act are hereby repealed. |
Appointment of lawful attorney.
Thirty days to plead.
Sum for expenses.
Shall be estopped.
Repeal. |
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κ1887 Statutes of Nevada, Page 88κ
Deficiency appropriation. |
Chap. LXXXV.An Act to pay the deficiencies in the appropriation for the years 1885 and 1886.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand and twenty-eight dollars and five cents is hereby appropriated out of any money in the Contingent University Fund of the State for the payment of the deficiencies in the appropriations for the years eighteen hundred and eighty-five and eighteen hundred and eighty-six, as follows: To Burke Brothers, one hundred and fifty dollars; to F. Levy and Brother, three hundred and seventy dollars and five cents; to J. W. McCammon, five hundred and 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. |
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Misdemeanor. |
Chap. LXXXVI.An Act to amend Section ten of an Act entitled An Act to regulate marks and brands of stock, approved February 27, 1873.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section ten of said Act is hereby amended so as to read as follows: Section ten. Any person, who with intent to defraud, shall willfully mismark or misbrand any stock not his own, on conviction thereof shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for the period of not less than ten days nor more than one hundred days, or a fine of not less than twenty dollars nor more than two hundred dollars, or by both such fine and imprisonment, as the Court may impose. |
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κ1887 Statutes of Nevada, Page 89κ
Chap. LXXXVII.An Act to provide for the recording of births and deaths in the several counties of the State of Nevada.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who shall officiate at the birth of a child shall make a record thereof, and within three months after such birth shall make and deliver to the Recorder of Deeds of the county wherein the birth took place, a certificate under his hand containing the facts of such birth. The certificate may be in the following form: State of Nevada, county of __________, ss. This is to certify that the undersigned, a physician (or midwife, as the case may be) did, on the _____ day of __________, 18__, officiate at the birth, to the wife of ____________, of a son (or daughter, as the case may be) in the presence of ____________ and _____________, witnesses. A. B., Physician (or midwife.) Sec. 2. Every person who shall officiate at the burial of any deceased person shall make a record thereof, and within two weeks after such death shall make and deliver or send by due course of mail or express, or by such other manner as will insure safe transit to the Recorder of Deeds of the county wherein such death took place a certificate under his hand containing particulars of such death. The certificate may be in the following form: State of Nevada, county of _________, ss. This is to certify that the undersigned, an undertaker (or whatever his occupation may be) did, on the ____ day of __________, 18__, officiate as undertaker at the burial of ____________, (or of a man or of a woman whose name is unknown), a native of ___________, (or whose nativity in unknown), aged ___ years (or whose age is unknown), in the presence of __________ and __________, witnesses. A. B., Undertaker. Sec. 3. All certificates provided for in Sections one and two to this Act shall be filed and recorded by the said Recorder in a book to be kept by him for that purpose; and for each certificate so recorded the Recorder shall receive a fee of fifty cents, to be paid from the general county fund in the same manner that other claims against said fund are allowed and paid. The Board of County Commissioners of the several counties shall provide blank certificates, to be paid for by the county to be furnished to physicians, midwives and undertakers to enable them to carry out and comply with the requirements of this Act. Sec. 4. Every person officiating at a birth or a death, as provided in this Act, who shall neglect to make and deliver to the Recorder a certificate thereof, |
Shall make record of birth.
Form of record.
Record of death.
Form of record.
Filed and recorded.
Shall forfeit |
κ1887 Statutes of Nevada, Page 90 (CHAPTER 87)κ
Penalty. |
the Recorder a certificate thereof, within the time specified in Sections one and two, shall forfeit for such neglect a sum not less than twenty dollars nor more than fifty dollars, and any Recorder who shall neglect to record such certificate so delivered shall forfeit a like penalty; such penalties to be recovered in any court of competent jurisdiction, on complaint of any person who feels aggrieved by such neglect. Sec. 5. If any person shall willfully make any false certificate of any birth or death, such person shall forfeit for every such offense a sum not to exceed five hundred dollars or be confined in the county jail for any period not to exceed six months, or by both such fine and imprisonment, in the discretion of the court. |
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Immigration Bureau created.
Organization of Bureau.
Duties of the Immigration Bureau. |
Chap. LXXXVIII.An Act to provide for a State Immigration Bureau.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A State Immigration Bureau for this State is hereby created, to consist of the State Controller, The Surveyor-General and Superintendent of Public Instruction. Sec. 2. As soon as practicable after the approval of this Act, the State officers constituting said Immigration Bureau shall organize by selecting one of their number as the President, and another as the Secretary of said bureau, and shall procure and use an official seal, and keep a record of all their proceedings. They shall adopt and publish by-laws or rules, not in conflict with Constitution and laws of the United States, nor in conflict with the Constitution and laws of this State, for their government in the transaction of their business as such bureau. They shall fix the times of their regular meetings, which shall be held quarter yearly, and shall hold called and special meetings whenever they shall deem it necessary so to do. Their meetings shall be held in the State Capitol. Sec. 3. It is hereby made, and shall be the duty of said bureau to collect all obtainable information and statistics as to the climate and resources of this State, its agricultural lands, grazing lands and timber lands; the amount of agricultural lands under cultivation, the amount not under cultivation; the amount thereof already sold or disposed of by the United States to individuals, to railroads and to this State; the amount of grazing lands sold or disposed of by the United States to individuals, to railroads and to this State; the amount of timber land in like manner sold or disposed of; at what particular localities different kinds of grain and other farm products and fruits of different kinds can profitably be cultivated and produced; |
κ1887 Statutes of Nevada, Page 91 (CHAPTER 88)κ
the water courses and where of the State, giving facilities for utilization of same for irrigation and water power; the number of manufacturing establishments, including quartz, grist and sawmills in the State; the number of schools and their character in the State, and the facilities for education, and the amount of the Public School Fund of the State, how situated and invested; the number and length of railroads in the State and leading into and out of it; the number of mines being worked; the wages of labor, skilled and common; the cost of living, and generally any information which, if disseminated abroad, will tend to the inducement of population and capital into this State from the other States and Europe. Sec. 4. Said bureau shall comply as early as practicable, and at all times, with the requirements of Section 3 of this Act, and, upon obtaining such information and statistics, shall send the same to such persons, organizations, societies and bodies, outside of the State, as may request the same, or, in the opinion of said bureau, will use the same to the benefit of this State. Said bureau shall also inaugurate and maintain such correspondence with similar bureaus and other organizations and individuals abroad as may tend to carry out the objects of this Act. Sec. 5 All printing necessary to be done for said bureau in carrying out the provisions of this Act shall be done by the State Printer. Sec. 6 Said bureau shall require of each County Assessor in this State, from time to time, such information and statistics as will aid in carrying out the provisions of this Act; and any County Assessor who shall refuse, or willfully neglect to give such information and statistics when so requested, if in his power, shall be guilty of malfeasance in office, and shall be prosecuted and punished therefor as provided by law. Other county officers shall, so far as in their power, aid Assessors in performing the duties herein imposed. |
To furnish information and statistics.
Duty of County Assessors. |
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Chap. LXXXIX.An Act to amend an Act entitled An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto, Approved March 8, 1869.
[Approved February 28, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and twenty of An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine, is hereby amended so as to read as follows: Section one hundred and twenty. If, upon the hearing of an application for an injunction, |
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κ1887 Statutes of Nevada, Page 92 (CHAPTER 89)κ
Injunction refused or dissolved.
Undertaking of appellant and sureties. |
an application for an injunction, or for the dissolution of an injunction, it does not satisfactorily appear that there is a sufficient cause for an injunction, or if it appear that the extent of the injunction is too great, it shall be refused, dissolved, or modified, as the case may be, and upon all such applications, in actions respecting mines, or in actions respecting or involving the question of the irrigation of lands, the Court or Judge hearing the same may, instead of granting or continuing the injunction, make an order requiring the party against whom the application is made, to give a bond in an amount fixed by such Court or Judge, with sufficient sureties, to be approved by such Court or Judge, conditional for the payment to the plaintiff of all damages which he may sustain by reason of the use or occupation of the mine or other acts complained of the party giving the bond, his or its agents, servants, employes, grantees or other persons by his or its consent, pending the litigation. If the plaintiff finally recover, or that upon failure to give such bond within the time prescribed in the order, the injunction shall be granted or continued, as the case may be, or the Court or Judge may appoint a receiver to take charge of the mine, or the proceeds thereof, pending litigation. Sec. 2. Section three hundred and thirty of said Act is hereby amended so as to read as follows: Section three hundred and thirty. An appeal may be taken: First-From a final judgment in an action, or special proceedings commenced in the court in which the judgment is rendered, with one year after the rendition of judgment. Second-From a judgment rendered on an appeal from an inferior court, within ninety days after the rendition of the judgment. Third-From an order granting or refusing a new trial, from an order granting or dissolving an injunction, and from an order refusing to grant or dissolve an injunction, from an order dissolving or refusing to dissolve an attachment, and from any special order made after the final judgment, within sixty days after the order is made and entered in the minutes of the court. Fourth-From an interlocutory judgment or order in cases of partition which determines the right of the several parties, and directs partition sale, or division to be made, within sixty days after the rendition of the same. Sec. 3. Section three hundred and forty-two of said Act is hereby amended so as to read as follows: Section three hundred and forty-two. If the appeal be from a judgment or order directing the payment of money, or from an order dissolving or refusing to dissolve an attachment, it shall not stay the execution of the judgment or order unless a written undertaking be executed on the part of the appellant by two or more sureties, stating their places of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order, or double the sum of the value of the property attached, as the case may be, that if the judgment or order appealed from, or any part thereof be affirmed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part, and all damages and costs which shall be awarded against the appellant upon the appeal. |
κ1887 Statutes of Nevada, Page 93 (CHAPTER 89)κ
paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part, and all damages and costs which shall be awarded against the appellant upon the appeal. When the judgment or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section shall be drawn and made payable in the same kind of money or currency specified in such judgment or order, and in case of any appeal from an order dissolving or refusing to dissolve an attachment, such undertaking shall be conditioned, that if the order appealed from or any part thereof be affirmed, the appellant shall pay to the opposing party on such appeal, all damages and costs caused by him by reason of said appeal and the stay of execution thereon. |
Kind of money specified in judgment. |
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Chap. XC.An Act to regulate the sale of State law books.
[Approved February 28, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State is directed to sell Nevada law books now in his possession, or that may hereafter come into his possession, at the following rate: Nevada Reports, two dollars a volume; Nevada and Sawyers Digest (1878), one dollar a volume; General Statutes Nevada (1885), five dollars a volume; Statutes of Nevada, one dollar a volume during the two years immediately succeeding the date of publication, and at the expiration of two years, fifty cents a volume; provided, that nothing in this Act shall be construed so as to impair any contract now existing between the State of Nevada and any publishing company having a contract for publishing any of the books herein mentioned; and provided further, that the Secretary of State is not authorized to sell at one time to any one person or firm, more than five copies of any one volume of said publications. |
Sale and price of law books. |
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Chap. XCI.An Act concerning operations in the boot and shoe shop of the Nevada State Prison, and other matters relating thereto.
[Approved February 26, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The prisoners employed in said shop shall make all the boots and shoes required to be used by the prisoners in the State Prison, |
State institutions to be supplied |
κ1887 Statutes of Nevada, Page 94 (CHAPTER 91)κ
Goods sold only by wholesale. |
the State Prison, and the managers of other State institutions shall be supplied with boots and shoes from said shop for the use of such wards of the State as they may have under their charge, at prices not to exceed the rates now charged by the Warden of the State Prison for such goods. The surplus product of said shop, if any, may be offered for sale in the open market at prices to be fixed by the Warden; provided, said prices shall never be less than the cost of material; and provided further, that no such manufactured goods shall be disposed of in open market except by wholesale in full cases and unbroken packages of not less than one dozen pairs of boots or shoes each. No such goods shall be furnished by the Warden, The Deputy Warden, or by any other person, in any way, to any person not entitled to receive the same under the provisions of this Act. Any violation of the provisions of this Act shall constitute a misdemeanor, and the person so offending shall on conviction thereof, be fined not less than fifty dollars nor more than one hundred dollars, or be imprisoned in the county jail not less than twenty-five days nor more than fifty days, or may be punished by both such fine and imprisonment. |
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How debtor shall be released. |
Chap. XCII.An Act to amend an Act entitled An Act to amend an Act entitled An Act for the relief of insolvent debtors and protection of creditors, approved March 3, 1881, approved March 1, 1883.
[Approved February 28, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said amendatory Act, approved March 1, 1883, is hereby amended to read as follows: Section twenty-four. If the accusation of fraud brought against the debtor is declared to be ill-founded, or if no opposition be made within the time herein provided, the said debtor having in all things complied with the provisions of this Act, the said debtor shall be released and fully discharged from any and all debts until then contracted and contracted after the passage of this Act, and from any judicial proceedings relative to the same; provided always, that said insolvent debtor shall be released and discharged only from such debts and liabilities as he shall have set forth and named in his schedule; and provided further, that no discharge shall be granted unless the said debtor shall surrender property, the cash value of which, over and above the property exempt by law and set apart by the Court, shall amount to at least fifty per centum of the amount of his liabilities, unless three-fourths in number of his creditors, and one-half in amount, consent in writing to his discharge. |
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κ1887 Statutes of Nevada, Page 95κ
Chap. XCIII.An Act supplemental to an Act entitled An Act to provide revenue for the support of the Government of the State of Nevada, approved March 9, 1865.
[Approved March 1, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons who may conduct any hurdy-gurdy house, dance house, or concert saloon in this State, where women or girls are employed to dance, or to solicit the purchase by the persons visiting such house, either directly or indirectly, of any kind of liquor, or wine or cigars, or to solicit such persons so visiting to treat to any kind of liquor, wine or cigars, shall, before entering upon the conducting of such dance house or hurdy-gurdy house or concert saloon, take out a license, in addition to the retail liquor license, from the Sheriff of the county in which such person or persons propose to carry on such business, and pay therefor the sum of five hundred dollars for each and every three months. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. Sec. 3. This Act shall take effect upon the first day of April after its passage. |
To take out license. |
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Chap. XCIV.An Act to authorize the purchase of maps of the State of Nevada for the use of the public schools therein, and making an appropriation to pay for the same.
[Approved March 1, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of furnishing each department of every school district in this State with a copy of John W. Parkers map of the State of Nevada, said map bearing date of eighteen hundred and eighty-six, the purchase of a certain number of copies, not to exceed three hundred, is hereby authorized; provided, the price shall not exceed three dollars each. Sec. 2. On the delivery of a certificate by the Superintendent of Public Instruction to the Board of Examiners, setting forth the fact that each department of every school district in this State has been furnished with a copy of said map, the Board of Examiners shall allow the bill for the number of copies of said map certified to by the Superintendent of Public Instruction, and the State Controller shall draw his warrant therefor and the State Treasurer pay the same. |
Purchase of maps authorized.
Board of Examiners to allow bill |
κ1887 Statutes of Nevada, Page 96 (CHAPTER 94)κ
Trustees to take charge of maps. |
Instruction, and the State Controller shall draw his warrant therefor and the State Treasurer pay the same. Sec. 3. It shall be the duty of the State Superintendent of Public Instruction to furnish each County Superintendent of Public Schools with a sufficient number of maps for every department of the public schools in their respective counties. Sec. 4. The County Superintendent of Public Schools, on receiving said maps, shall immediately furnish every school department in his county with one of said maps. Sec. 5. During the vacation of the school term the Chairman of the Board of School Trustees shall take charge of the maps, unless otherwise ordered by the Board of School Trustees, and on the discontinuance of any school the map or maps shall be returned to the County Superintendent of Schools. Sec. 6. The sum of nine hundred dollars is hereby appropriated out of any money in the General Fund not otherwise appropriated, to carry out the provisions of this Act. |
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Convicts granted six days credit |
Chap. XCV.An Act to amend section twenty of an Act entitled An Act to provide for the government of the State Prison of the State of Nevada, approved March 7, 1873.
[Approved March 1, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty of said Act is hereby amended so that it shall read as follows: Section twenty. The Board of Commissioners are hereby authorized and required to grant to any convict confined in the State Prison, who shall well behave himself, and who shall perform regular labor during good health, either within or without the State Prison inclosure, a credit of six days for each month of such regular work and good behavior, such credit to be computed in favor of any such convict as a commutation of sentence, and to be deducted from the entire term of penal servitude to which such convict shall have been sentenced; provided, that said rule of commutation shall be so applied that the six days of credit thus earned or allowed shall be forfeited by any refusal to labor, breach of the prison rules or other misconduct as may be hereafter prescribed by the Commissioners during the month next succeeding that in which such credit may have been allowed. |
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κ1887 Statutes of Nevada, Page 97κ
Chap. XCVI.An Act supplemental to an Act entitled An Act concerning the office of Surveyor-General, approved March 20, 1865, and the Acts amendatory thereof and supplemental thereto, and matters properly connected therewith.
[Approved March 2, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In addition to the duties of the Surveyor-General of this State, as are now prescribed by law, it shall be his duty, and he is hereby required within a reasonable time after the approval of this Act, to cause to be made an accurate survey of all railroads in this State which extend from one boundary line of the State to the other, and determine the number of miles of main track and side track in each of the counties of this State, and place monuments at all points where such railroad crosses any county line, and mark on the sides of such monuments facing the respective counties the name of the county and the number of miles of railroad in such county, and the number of miles of main track and side track thus ascertained shall be filed in the office of the Secretary of State, and a copy of the same shall be filed with the County Recorder of each of the counties through which said road extends. Sec. 2. When the survey of said road is completed, and the map of the same is filed in each of the counties as required by the first section of this Act, it shall be prima facie evidence in all of the courts of this State of the facts therein contained. Sec. 3. The sum of twenty-five hundred dollars is hereby appropriated out of the General Fund of the State to defray the expenses incurred under the provisions of this Act, and the State Controller is hereby authorized and directed to draw warrants for the same on the State Treasury on bills properly certified by the Surveyor-General and approved by the Board of Examiners. Sec. 4. The State Prison Warden is hereby directed to supply the Surveyor-General of this State with a sufficient number of monuments to be, by said Surveyor-General, set up and established as the boundary lines of all counties through which said roads pass. Said monuments shall be furnished free of cost. |
Survey of railroads.
File with Secretary of State.
Money appropriated to defray expenses.
Warden directed to furnish monuments |
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κ1887 Statutes of Nevada, Page 98κ
Tax lien against property.
When Assessors shall assess. |
Chap. XCVII.An Act to amend an Act entitled an Act to amend an Act entitled An Act to define the time for levying and assessing taxes for State and county purposes, approved February 25, 1873; approved February 15, 1883.
[Approved March 2, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended so as to read as follows: Section two. The lien against the property upon which such taxes may be levied as provided by the laws of this State, shall hereafter attach upon such property upon the day on which the taxes in any county are levied. Sec. 2. Section three of said Act is hereby amended so as to read as follows: Section three. Between the date of the levy of the taxes in any county in this State, and the first Monday in September in each year, the County Assessors of the several counties of this State shall assess all property in their respective counties in manner and form as prescribed by the laws of this State; provided, that taxes on the proceeds of mines, and all taxes levied for municipal purposes in incorporated cities and towns shall be levied, assessed and collected in the manner heretofore provided by law. |
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County hospital to be erected.
Transfer of indigents. |
Chap. XCVIII.An Act to provide for a county hospital in Lyon county, and matters pertaining thereto.
[Approved March 2, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Commissioners of Lyon county are hereby authorized and empowered to provide for the purchase of a suitable piece, parcel or tract of land within a reasonable distance of the county seat of said county, and to cause to be erected thereon, and properly equipped, a county hospital; provided, that if the said Board of Commissioners think the best interests of the county will be subserved, they may purchase a suitable building or buildings with a site for such purpose; and provided further, that the entire cost of the same shall not exceed three thousand dollars. Sec. 2. Immediately after the completion and furnishing, or purchase of a county hospital, the said Board of Commissioners shall cause the transfer of all persons receiving aid from the county, to the said county hospital, where they shall be properly cared for. |
κ1887 Statutes of Nevada, Page 99 (CHAPTER 98)κ
shall cause the transfer of all persons receiving aid from the county, to the said county hospital, where they shall be properly cared for. Sec. 3. Persons applying for county aid and refusing to enter the hospital herein provided for, after such refusal, shall not be cared for or treated elsewhere at the expense of the county. |
|
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Chap. XCIX.An Act to abolish the office of Road Supervisor.
[Approved March 2, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of Road Supervisor, created by an Act of the Legislature entitled an Act entitled An Act in relation to public highways, approved March fifteenth, eighteen hundred and seventy-five; and the amendatory Act thereof entitled An Act to amend an Act in relation to highways, approved March fifteenth, eighteen hundred and seventy-five; approved March second, eighteen hundred and seventy-seven, is hereby abolished. Sec. 2. This Act shall take effect on the expiration of the terms of office of the present incumbents. |
Road Supervisor abolished. |
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Chap. C.An Act to encourage the mining and milling of ores containing precious metals produced in this State.
[Approved March 2, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A commission of Examination and Reward is hereby created, to consist of five male citizens of the United States, who shall be residents of, or engaged in mining in this State, whose duties shall be as hereinafter prescribed. Until the first day of January, A. D. eighteen hundred and eighty-nine, and until the appointment and qualification of their successors, said commission shall consist of W. H. Shockley of Esmeralda county, John Howell of Washoe county, M. J. Farrell of Lander county, A. C. Ellis of Ormsby county [and] William A. Rulison of Lyon county. Their successors shall be appointed by the Governor on the first day of January, A. D. eighteen hundred and eighty-nine, and every two years thereafter. Vacancies in said commission shall be filled for the unexpired term by appointment by the Governor. |
Commission created
Commission to consist of. |
κ1887 Statutes of Nevada, Page 100 (CHAPTER 100)κ
How vacancies shall be filled.
Duties of the commission.
Awards for prizes.
Shall make and establish rules.
Premiums and expenses paid as other claims. |
expired term by appointment by the Governor. All Commissioners appointed by or under this Act shall, before acting as such, take and subscribe the Constitutional oath of office prescribed by the laws of this State, which must be filed in the office of the Secretary of State. Sec. 2. The duties of said commission shall be as follows: To meet at their, earliest convenience and organize, by electing one of their number President, another as Vice President, and another as Secretary. To meet at such place as they may select, and at such time as they may deem proper, not more than twenty days nor less than ten days prior to the annual meeting for fair and exhibition purposes, of the Nevada State Agricultural Society, and at such meeting to hear and receive testimony as to the most successful and economical method or methods of treating and reducing ores of the precious metals whether free milling, smelting or refractory, found, produced, treated and reduced in this State after the passage of this Act. After hearing and receiving all testimony offered, they shall prepare their decisions and declare their awards during the next ensuing fair of said State Agricultural Society. Their awards shall be: First-For the most economical method of treatment and reduction. Second-For the most successful method of treatment and reduction. And they shall award a first and second prize for each. The first prize for each shall be one hundred dollars, and second prize for each shall be one-half as much as the first. All awards made under this Act shall be certified to by said commission, allowed by the State Board of Examiners, and paid out of the General Fund of the State as other claims against the State are paid. Sec. 3. Said commission shall make, establish and publish such rules, not repugnant to law, as they may deem proper for their government in the transaction of business. Each member of said commission shall be allowed and paid, as awards are allowed and paid out of the General Fund of the State, Their actual expenses of necessary travel in the discharge of their duties under this Act. Sec. 4. The premiums and expenses incurred under the provisions of this Act shall be paid as other claims against the State are paid, and the sum of seven hundred and fifty dollars is hereby appropriated out of the General Fund to pay said premiums and expenses. |
κ1887 Statutes of Nevada, Page 101κ
Chap. CI.An Act authorizing the payment of N. Tobias for teaching school in Elko county.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Superintendent of Public Schools of Elko county, Nevada, is hereby authorized and directed to draw his warrant within ten days after the passage of this Act, on the County Treasurer of said county, for the sum of one hundred dollars, in favor of N. Tobias, for services rendered in the year eighteen hundred and eighty-five in teaching school at Jack Creek, in said county. Sec. 2. The County Treasurer of said county is hereby authorized and directed to pay the same out of the General Fund of said county of Elko. |
Paying N. Tobias. |
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Chap. CII.An Act amendatory of and supplementary to an Act entitled An Act to provide for organizing and disciplining the militia of the State, approved March 4, 1865.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-three of said Act is hereby amended to read as follows: Section forty-three. The Commander-in-Chief may, in his discretion, order a public parade of all the organized militia of the State on two days of each year, such parades to be held within the limits of the brigade to which such troops respectively belong, and such public parades shall be reviewed by the Commander-in-Chief, or, in his absence, by the Major-General of Division, or by the officer of the brigade of the highest rank present. Immediately after such troops have been reviewed, they shall be inspected by the Inspector-General, or, in his absence, by the Division or Brigade Inspector, and such inspecting officer, after a minute inspection of the dress and military bearing of the field officers and the commissioned staff and the officers of companies, and the arms, accoutrements and dress of each soldier, will report the result of such inspection to his commanding officer; provided, that upon occasions of receptions or upon the celebration of any event of public importance the commanding officer of the brigade shall have authority to order out the organized militia to join such parade, two-thirds of the of commissioned officers of his brigade having first requested him to order such parades. |
Ordering public parade.
Shall be inspected. |
κ1887 Statutes of Nevada, Page 102 (CHAPTER 102)κ
Shall assemble at least once a month.
Debarred from exemption.
The oath. |
two-thirds of the of commissioned officers of his brigade having first requested him to order such parades. And the parade so ordered is hereby constituted a legal parade; and, provided further, that each and every company of the organized militia of the State shall assemble at least once in each month for military instruction, and any company failing to meet once in each month for military instruction shall forfeit their rights to receive an allowance for rent of armory for any month during which they fail to meet. And the Boards of County Commissioners are hereby prohibited from auditing or ordering the payment out of the county treasury of such allowance for such month; and all members who absent themselves from such meetings, unless properly excused by the commanding officer of such company, or through absence from the county or bodily disability, shall be debarred from the exemption from jury duty and be subject to expulsion from their company. Sec. 2. All officers and members of the volunteer militia of this State, on becoming members and performing duty, must take and subscribe the following oath, which all commissioned officers thereof are authorized to administer: I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nevada, and will maintain and defend the laws and all officers employed in administering the same. Which oath, certified by the officer administering the same, must be returned to the adjutant-General and by preserved with the rolls of the companies. |
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May enter upon mineral lands.
Compensation for injury. |
Chap. CIII.An Act to encourage mining.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The several grants made by the United States to the State of Nevada reserved the mineral lands. Sales of such lands made by the State were made subject to such reservation. Any citizen of the United States, or person having declared his intention to become such, may enter upon any mineral lands in this State, notwithstanding the States selection, and explore for gold, silver, copper, lead, cinnabar, or other valuable mineral, and upon the discovery of such valuable mineral may work and mine the same in pursuance of the local rules and regulations of the miners and the laws of the United States; provided, that after a person who has purchased land from the State has made valuable improvements thereon, such improvements shall not be taken or injured without full compensation. But such improvement may be condemned for the uses and purposes of mining in like manner as private property is by law condemned and taken for public use. Mining for gold, silver, copper, lead, cinnabar, and other valuable mineral, is the paramount interest of this State, and is hereby declared to be a public use. |
κ1887 Statutes of Nevada, Page 103 (CHAPTER 103)κ
copper, lead, cinnabar, and other valuable mineral, is the paramount interest of this State, and is hereby declared to be a public use. Sec. 2. Every contract, patent or deed hereafter made by this State, or the authorized agents thereof, shall contain a provision expressly reserving all mines of gold, silver, copper, lead, cinnabar and other valuable minerals that may exist in such land, and the State, for itself and its grantees, hereby disclaims any interest in mineral lands heretofore or hereafter selected by the State for itself and its grantees hereby disclaims any interest in mineral lands heretofore or hereafter selected by the State on account of any grant from the United States. All persons desiring titles to mines upon lands which have been selected by the State, must obtain such title from the United States under the laws of Congress, notwithstanding such selection. |
Reservation provision. |
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Chap. CIV.An Act to grant aid to the several District Agricultural Associations of the State of Nevada.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of aiding each District Agricultural Association in this State, now or which may hereafter be formed under the laws of this State, and which shall hereafter annually hold within its district a fair for exhibition, in successfully carrying out the purposes for which it has been or may hereafter be organized, the sum of one thousand dollars is hereby appropriated for each of the years eighteen hundred and eighty-seven and eighteen hundred and eighty-eight, out of any moneys in the General Fund of the State Treasury not otherwise specifically appropriated. Sec. 2. The moneys hereby appropriated shall be used for the payment of such premiums as may be awarded to competitors, and for that purpose only. Sec. 3. All expenditures of money appropriated by this Act shall be made under the immediate supervision and direction of the Board of Directors of the District Agricultural Association receiving the same. Sec. 4. The said Boards of Directors shall present bills and vouchers to the State Board of Examiners for all moneys expended under the provisions of this Act; and if said Board of Examiners shall be satisfied that such expenditures were properly made under this Act, said Board of Examiners shall allow said bills, and the same shall be paid as other bills against the State are paid. Warrants drawn pursuant to the provisions of this section, shall be payable to the order of the President of the Board of Directors, or in case of his absence or inability to serve, then such warrants shall be made payable to the order of such member of such board shall by a majority vote thereof direct. |
Aiding District Agricultural Associations.
Payment of premiums.
How bills shall be allowed. |
κ1887 Statutes of Nevada, Page 104 (CHAPTER 104)κ
|
or inability to serve, then such warrants shall be made payable to the order of such member of such board shall by a majority vote thereof direct. |
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Paying O. H. Gallup |
Chap. CV.An Act to pay the salary of O. H. Gallup for services as State Librarian.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand one hundred dollars is hereby appropriated out of any moneys in the General Fund, not otherwise appropriated, to be paid to O. H. Gallup for his services as State Librarian from the fifth day of September, A. D. 1885, to the fourth day of January, A. D. 1887. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of O. H. Gallup for the sum of eleven hundred dollars, and the State Treasurer is hereby directed to pay the same. |
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Paying Chas. E. Laughton. |
Chap. CVI.An Act authorizing the payment of salary to ex-Lieutenant-Governor Chas. E. Laughton.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty-five hundred dollars is hereby appropriated out of any moneys in the General Fund not otherwise appropriated, to be paid to Chas. E. Laughton for services as Lieutenant-Governor as an ex-officio officer and while acting as Governor during the absence of the Governor from the State, from the first day of September, A. D. 1885, to the thirty-first day of December, A. D. 1886, inclusive. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Chas. E. Laughton for the sum of twenty-five hundred dollars, and the State Treasurer is hereby directed to pay the same. |
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κ1887 Statutes of Nevada, Page 105κ
Chap. CVII.An Act to amend Sections 15 and 16 of an Act entitled An Act for the government and maintenance of the State Orphans Home, approved March 1, 1873.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifteen of said Act is hereby amended so as to read as follows: Section fifteen. It shall be the duty of the Superintendent and Matron to furnish semi-annually, in June and December of each year, to the Board of Directors, an estimate of all stores, supplies and fuel required for the use of the State Orphans Home for the next six months. The said estimates shall state the kind, quality and amount of such stores, supplies and fuel, and shall be filed in the office of the Secretary, always subject to examination. Sec. 2. Section sixteen of said Act is hereby amended so as to read as follows: Section sixteen. The Board of Directors, upon the receipt of said estimate, shall give notice by advertising in one daily paper in Ormsby county for six days that sealed proposals will be received for furnishing to the State Orphans Home the amount, quality and kind of stores, supplies and fuel contained [in] the semi-annual estimate now on file in the office of the Secretary of the Board of Directors of the State Orphans Home. |
Estimate of supplies required.
Shall give notice by advertising. |
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Chap. CVIII.An Act to punish false pretenses in obtaining certificates of registration of cattle and other animals.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who, by any false pretense, shall obtain from any club, association, society or company, for improving the breeds of cattle, horses, sheep, swine, fowl or other domestic animals, a certificate of registration of any animal in the herd register, or other register of any such club, association, society or company, or a transfer of such registration, upon conviction thereof shall be punished by imprisonment in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. Sec. 2. This Act shall take effect on and after its passage. |
False herd registration punishable. |
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κ1887 Statutes of Nevada, Page 106κ
Fees of officers in Churchill county. |
Chap. CIX.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 11, 1885.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of said Act is hereby amended so as to read as follows: Section nine. From and after the passage of this Act the Sheriff of Churchill county shall receive sixty cents per mile in going only, to be computed in all cases from the court house of the county. After the expiration of the terms of office for which the present incumbents were elected, the County Clerk shall receive four hundred dollars per annum; the Recorder, as ex-officio Auditor, shall receive seven hundred dollars per annum, and as Recorder such fees as are allowed under the provisions of an Act to regulate the fees and compensations for official and other services in the State of Nevada, approved March ninth, eighteen hundred and seventy-five; the Treasurer shall receive eight hundred dollars per annum; the Assessor shall receive six hundred dollars per annum; the District Attorney shall receive six hundred dollars per annum; the Superintendent of Schools shall receive one hundred dollars per annum; the County Commissioners shall each receive three hundred dollars per annum, and such mileage as is now allowed by law. |
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Preamble. |
Chap. CX.An Act prescribing the qualifications of electors and modifying the oath for the registration of voters in conformity therewith.
[Approved March 3, 1887.]
Whereas, By the last clause of Section four of Article I. of the Constitution of this State it is provided that the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State; and, Whereas, The self-styled Church of Jesus Christ of Latter-Day Saints, commonly called the Mormon Church, sanctions and tolerates the crimes of bigamy and polygamy as a doctrine of faith, and exercises and claims the right to exercise civil power inconsistent with and opposed to the laws of this State and of the United States; and, Whereas, By the last clause of Section six of Article II. of the Constitution of this State it is provided that the Legislature shall have the power to prescribe by law any other or further rules or oaths as may be deemed necessary as a test of electoral qualifications; and, |
κ1887 Statutes of Nevada, Page 107 (CHAPTER 110)κ
ture shall have the power to prescribe by law any other or further rules or oaths as may be deemed necessary as a test of electoral qualifications; and, Whereas, It is deemed necessary for the peace and safety of the people of this State to exclude from participation in the electoral franchise all persons belonging to the self-styled Church of Jesus Christ of Latter-Day Saints, commonly called the Mormon Church, for the reasons herein above recited; therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No person shall be allowed to vote at any election in this State who is a bigamist or polygamist, or who teaches the doctrines of bigamy or polygamy, or who is a member of or belongs to the Church of Jesus Christ of Latter-Day Saints, commonly called the Mormon Church, or who is a member of or belongs to any order, organization or association which sanctions or tolerates bigamy or polygamy, or plural or celestial marriage, or which exercises, or claims the right to exercise, civil power in conflict with or opposed to the Constitution or laws of this State or of the United States. Sec. 2. An Act entitled an Act to amend an Act entitled An Act to provide for the registration of the names of electors, and to prevent fraud at elections, approved March fifth, eighteen hundred and sixty-nine; approved March seventh, eighteen hundred and seventy-three, as hereby amended, shall be Section five of an Act entitled An Act to provide for the registration of the names of electors, and to prevent fraud at elections, approved March fifth, eighteen hundred and sixty-nine, and shall read as follows: Section five. Every person applying to be registered, shall, before he shall be entitled to have his name registered, take and subscribe to the following oath or affirmation, which shall be administered by the Registering Agent: I do solemnly swear (or affirm) that I am a citizen of the Unites States, that I am of the age of twenty-one years, and will have actually and not constructively resided in this State six months, and in the county thirty days next preceding the day of the next ensuing election (or, in case of a municipal election, such length of time as may be required by the Act of incorporation); that I am not registered elsewhere in this State; that I am not a bigamist or polygamist; that I neither teach or practice bigamy or polygamy; that I am neither a member of nor belong to the Church of Jesus Christ of Latter-Day Saints, commonly called the Mormon Church; that I am not a member of, nor belong to any order, organization or association which sanctions or tolerates bigamy or polygamy, or plural or celestial marriage, or which exercises, or claims the right to exercise civil power, in conflict with, or opposed to, the Constitution or laws of this State or of the United States; that I regard the Constitution of the United States and the laws thereof, and the Constitution and laws of the State of Nevada, as interpreted by the courts, as the supreme law of the land, the doctrines of teachings of any order, organization or association to the contrary notwithstanding. |
Not allowed to vote in this State.
Registration of electors.
Oath to be taken. |
κ1887 Statutes of Nevada, Page 108 (CHAPTER 110)κ
|
thereof, and the Constitution and laws of the State of Nevada, as interpreted by the courts, as the supreme law of the land, the doctrines of teachings of any order, organization or association to the contrary notwithstanding. So help me God (or under the pains and penalties of perjury.) |
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Fish Commissioner to plant. |
Chap. CXI.An Act to provide for procuring wild rice to be sown or planted in and near the waters of this State, and to appropriate money to pay for the same.
[Approved March 3, 1887.]
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 General Fund for the purpose of procuring a supply of wild rice, which shall be sown or planted in and near the waters of this State. The expenditure of the money hereby appropriated shall be under the direction of the State Fish Commissioner, and he is hereby required to see that the said rice when received, shall be properly distributed in appropriate localities throughout the State. |
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Shall not contract. |
Chap. CXII.An Act limiting the power of certain county officers.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No county officer in any county in this State, except the Board of County Commissioners, shall contract for the payment or expenditure of any county moneys for any purpose whatever, or shall purchase any stores or materials, goods, wares or merchandise, or contract for any labor or service whatever, except the Board of County Commissioners, or a majority of them, shall order such officer to do the same |
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κ1887 Statutes of Nevada, Page 109κ
Chap. CXIII.An Act authorizing a State loan.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of keeping the State on a cash basis, without resorting to an onerous rate of taxation, the sum of one hundred and sixty-one thousand dollars is hereby authorized to be borrowed for the use and benefit of the General Fund of the State, at such times and in such amounts as may be necessary to meet the requirements of the State Government from the following educational funds in the State Treasury, to wit: The State School Fund, the State University Fund and the State University Fund Ninety Thousand Acre Grant. Sec. 2. Said loan shall bear interest at the rate of four per cent. per annum and shall be payable at any time within ten years from the date of issue of the bonds hereinafter provided for. The said interest shall be paid semi-annually on the first days of July and January of each year, and the State Controller is hereby directed to draw his warrant on the State Interest and Sinking Fund for the amount of said semi-annual interest, when due, and in favor of the fund entitled thereto. All sums derived from interest on money borrowed from the State School Fund shall be paid into the General School Fund for the support of the common schools of the State, and all sums derived from interest on money borrowed from the State University Funds shall be paid into their appurtenant interest funds respectively; and for the regular and prompt payment of said interest the faith and credit of the State is hereby pledged. Sec. 3. The provisions of this Act shall be executed under the direction of a Board of Commissioners consisting of the Governor, State Treasurer and State Controller, and on the order of said board and the issue of the requisite bonds, the State Controller shall draw his warrant on the fund designated in said order and in favor of the General Fund of the State, for the amount to be borrowed, and he shall deposit in the fund drawn upon bonds, as herein provided, in the amount of the money drawn therefrom. Sec. 4. The State Controller shall cause the bonds to be prepared that are to be used in pursuance of this Act, and each bond shall state in substance that the State of Nevada will pay to the fund borrowed from, the amount of the bond within ten years from date of issue, and interest semi-annually at the rate of four per cent. per annum. The said bonds shall be signed by the Governor, countersigned by the State Controller, endorsed by the State Treasurer, and authenticated by the great seal of the State. Sec. 5. The provisions of Section five of an Act entitled An Act authorizing a State loan, approved February 28, 1881, shall be applied to this Act, and shall be continued and remain in force until the bonds herein provided for are fully paid. |
Loan authorized.
Interest on loan.
Board of Commissioners.
Bonds to be prepared. |
κ1887 Statutes of Nevada, Page 110 (CHAPTER 113)κ
Payment of interest.
Surplus remaining. |
1881, shall be applied to this Act, and shall be continued and remain in force until the bonds herein provided for are fully paid. Sec. 6. It shall be the duty of the State Treasurer and State Controller to make definite arrangements for the payment of the interest on said bonds when the same shall become due, at least sixty days before the time of payment, and in the event that the State Interest and Sinking Fund is insufficient, the amount shall be paid out of the General Fund, and in the event that the General Fund proves inadequate, the Board of Commissioners by this Act created, is hereby authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the faith of the State. Sec. 7. Whenever at the time of paying the semi-annual interest of the bonds provided to be issued by this Act, there shall remain a surplus after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next semi-annual interest of one thousand dollars or more in the State Interest and Sinking Fund, such surplus shall be applied to the payment of the loan herein authorized to be made, by the cancellation and retirement of bonds to the amount of such surplus. |
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Proceedings stayed. |
Chap. CXIV.An Act to amend Section ten of an Act entitled An Act for the relief of insolvent debtors and protection of creditors, approved March 3, 1881.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section ten of the above entitled Act is hereby amended to read as follows: Section ten. When the debtor shall have filed the petition and schedule as provided for in the Act to which this is amendatory, all proceedings against him shall be stayed. |
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|
Chap. CXV.An Act relating to the fees of the Sheriff of Eureka county.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Sheriff of Eureka county shall be entitled to receive for attending, |
κ1887 Statutes of Nevada, Page 111 (CHAPTER 115)κ
to receive for attending, in person or by deputy, upon the grand juries of said county when in session and they request his attendance, and upon the Board of County Commissioners when in session and they request his attendance, the same fees, which shall be allowed and paid in the same manner as the fees that are allowed him for attending upon the District Court when in session. |
Sheriffs fee. |
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Chap. CXVI.An Act to amend an Act entitled An Act to authorize the County Commissioners in the several counties in this State to loan or transfer surplus money from one fund to the other, approved February 9, 1881.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above entitled Act is hereby amended so as to read as follows: Section one. The County Commissioners in the several counties in this State are hereby authorized and empowered to transfer any surplus money which may be in any of the county funds of the respective counties (except the school fund) from one or more of said funds, to another or others, and transfer the same back to the fund or funds from which said surplus money was taken, at such times and in such manner as, in the judgment of said Commissioners, the best interest of the county may require. |
Transfer surplus money. |
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Chap. CXVII.An Act to amend an Act entitled An Act defining the time of commencing civil actions, approved November 21, 1861.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of said Act is hereby amended so as to read as follows: Section seven. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time prescribed by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it shall appear |
Establishing legal title. |
κ1887 Statutes of Nevada, Page 112 (CHAPTER 117)κ
Adverse possession not considered. |
been under and in subordination to the legal title, unless it shall appear First-That it has been protected by a substantial inclosure; or Second-That it has been cultivated or improved in accordance with the usual and ordinary methods of husbandry; provided, that in no case shall adverse possession be considered established unless it be shown, in addition to the above requirements, that the land has been occupied and claimed for the period of five years, continuously, and that the party or persons, their predecessors and grantors, have paid all taxes, State, county and municipal, which may have been levied and assessed against said land for the period above mentioned. |
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Register to procure plat
Record of applications.
Assessor shall mark. |
Chap. CXVIII.An Act amendatory and supplementary to an Act entitled An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885.
[Approved March 3, 1887.]
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 and supplemented so as to read as follows: Section two. The Register shall procure from the United States Surveyor-Generals office one copy of each township plat of the public surveys now approved or that may hereafter be approved by the proper United States authorities, unless the same shall have been previously obtained; provided, that the cost of the same shall not exceed six dollars each, and shall be made upon drawing paper. He shall keep a record of all applications and of all lands which have been or may hereafter be approved to the State, and of all lands which have been sold by the State, which, together with all plats, papers and documents relating to the business of his office, shall be open to public inspection during office hours without fee therefor; and he shall also furnish on or before the first day of July, eighteen hundred and eighty-seven, or as soon thereafter as practicable, a copy of the plats of townships within any county, to the County Assessor of such county, to be used by him in performing the duties of his office; and all lands applied for by the State thereafter shall be reported by the Register to the County Assessor of the county in which such lands are situated, on or before the first day of July of each year thereafter, and the said Assessor shall immediately mark the same upon the township plat in his office, and shall keep such plats subject to the inspection of all persons interested in examining the same. |
κ1887 Statutes of Nevada, Page 113κ
Chap. CXIX.An Act to preserve wild game, and to repeal all Acts in conflict with the provisions of this Act.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person, or persons, at any time after the first day of January and before the first day of September in each year, to catch, kill or destroy, or to pursue with such intent, any deer, antelope, elk, mountain sheep or goat, or to have in his or their possession, or to expose for sale, or to purchase any of the animals mentioned in this section, during the season when the killing, injuring or pursuing is herein prohibited. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Close season. |
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Chap. CXX.An Act to furnish [punish] the manufacture and use of any dynamite machine or other device for the destruction of life or property.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons to manufacture or procure any dynamite machine or device or other device for the destruction of life or property, or to have either of the same in his or their possession any such dynamite machine, device or other device with intent to use the same, or to use or attempt to use the same for the destruction of life or property or shall by the use of either destroy life or property. Sec. 2. Any violation of Section one shall be a felony, and on due conviction thereof, except for the taking of life, shall be a felony and be punished by imprisonment in the State Prison for a period of not less than ten years, nor more than twenty-five years, and in case of taking life, the offense shall be murder in the first degree, and the penalty shall be death, as now provided by law. |
Dynamite machine unlawful.
Penalty. |
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κ1887 Statutes of Nevada, Page 114κ
License Collector to pay into city treasury. |
Chap. CXXI.An Act to provide for the payment of a portion of the moneys collected from county licenses for the sale of liquors, into the City Treasury of incorporated cities within such county.
[Approved March 3, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In every county in this State which now has, or may hereafter have, a duly incorporated city government, it shall be the duty of the License Collector of said county to pay into the City Treasury one half of the amount of license collected from any person or persons who may dispose of any spirituous, malt or fermented liquors or wines in less quantities than one quart, within the corporate limits of said city. |
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Appropriation for support of State Government. |
Chap. CXXII.An Act making appropriations for the support of the civil Government of the State of Nevada for the twenty-third and twenty-fourth fiscal years.
[Approved March 4, 1887.]
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 twenty-third and twenty-fourth fiscal years: Sec. 2. For salary of the Governor ten thousand ($10,000) dollars. Sec. 3. For salary of the Governors Private Secretary, four thousand ($4,000) dollars. Sec. 4. For salary of Lieutenant-Governor as ex-officio State Librarian and ex-officio Adjutant-General, five thousand four hundred ($5,400) dollars. Sec. 5. For salary of Deputy Secretary of State, six thousand ($6,000) dollars. Sec. 6. For salary of Deputy Secretary of State, four thousand ($4,000) dollars. Sec. 7. For salary of the State Controller, six thousand ($6,000) dollars. Sec. 8. For salary of Deputy State Controller, four thousand ($4,000) dollars. Sec. 9. For salary of State Treasurer, six thousand ($6,000) dollars. |
κ1887 Statutes of Nevada, Page 115 (CHAPTER 122)κ
Sec. 10. For salary of Deputy State Treasurer, four thousand ($4,000) dollars. Sec. 11. For salary of Attorney-General, six thousand ($6,000) dollars. Sec. 12. For salary of Surveyor-General and State Land Register, six thousand ($6,000) dollars, payable out of the State School Fund. Sec. 13. For salary of Deputy in Surveyor-General and State Land Registers office, four thousand ($4,000) dollars, payable out of the State School Fund. Sec. 14. For salary of the Superintendent of Public Instruction, four thousand ($4,000) dollars, payable out of the General School Fund. Sec. 15. For salary of the Superintendent of Public Instruction, as ex-officio Curator of the State Museum and Secretary of the Board of Directors of State Orphans Home, eight hundred ($800) dollars. Sec. 16. For salaries of Justices of the Supreme Court, thirty-six thousand ($36,000) dollars. Sec. 17. For salary of the Clerk of the Supreme Court and ex-officio Reporter of Decisions, six thousand ($6,000) dollars. Sec. 18. For salary of Superintendent of State Printing, four thousand ($4,000) dollars. Sec. 19. For the transportation, care and support of the indigent insane of the State, to be expended under the direction of the Board of Commissioners, eighty-five thousand ($85,000) dollars. Sec. 20. For the support of the Nevada State Prison, including the salaries of Warden and Deputy Warden, eighty-thousand ($80,000) dollars. Sec. 21. For supporting and conducting the State Orphans Home, to be expended under the direction of the Board of Directors, twenty-five thousand ($25,000) dollars. Sec. 22. For the support and education of the Deaf, Dumb and Blind and their transportation to and from the institution, to be expended under the direction of the Board of Commissioners for the Insane, two thousand ($2,000) dollars. Sec. 23. For support of the State Printing Office, including printing of Nevada Reports, fifteen thousand ($15,000) dollars. Sec. 24. For salary of Bailiff of Supreme Court, six hundred ($600) dollars. Sec. 25. For salaries of porters and night watchmen for the State Capitol, six thousand ($6,000) dollars. Sec. 26. For salary of Attorney at Washington, to attend to and represent the land interest of the State before the departments, two thousand ($2,000) dollars, to be paid out of the State School Fund. Sec. 27. For salary of Draughtsman in the State Land office, three thousand ($3,000) dollars, payable out of the State School Fund. Sec. 28. For the payments of rewards offered by the Governor, two thousand ($2,000) dollars. Sec. 29. For official advertising and bookbinding, including Supreme Court Reports, three thousand ($3,000) dollars. |
Appropriation for support of State Government. |
κ1887 Statutes of Nevada, Page 116 (CHAPTER 122)κ
Appropriation for support of State Government. |
Sec. 30. For current expense appropriation, to defray the telegraphic, postal and contingent expenses of the State officers, Supreme Court and State Library, for transportation of books and documents, and storage and transportation of State property, six thousand ($6,000) dollars. Sec. 31. For stationery, fuel and lights for State officers and the State Capitol building, four thousand ($4,000) dollars. Sec. 32. For repairing and keeping up the Capitol grounds and water works, three thousand ($3,000) dollars. Sec. 33. For enforcing collection of revenue and prosecuting delinquents by State Controller, one thousand ($1,000) dollars. Sec. 34. For furniture and repairs to the State Capitol, fifteen hundred ($1,500) dollars. Sec. 35. For preparation of Nevada Reports for publication, seven hundred ($700) dollars. Sec. 36. 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, two thousand ($2,000) dollars. Sec. 37. For insurance on State Library and Capitol building, to be expended only in case that such insurance can be effected for three years upon a valuation of one hundred and twenty-five thousand ($125,000) dollars, by the payment of two years premium and within the limits of this appropriation, two thousand ($2,000) dollars. Sec. 38. For indexing journals and copying and indexing statutes of the thirteenth session of the Legislature, two hundred ($200) dollars. Sec. 39. For furnishing lights, fuel, repairing legislative halls and repairing furniture for the fourteenth session of the State Legislature, seven hundred and fifty ($750) dollars. Sec. 40. For the purchase of township plats, furnished from the United States Surveyor-Generals office; provided, that the price per plat shall not exceed six ($6) dollars, eighteen hundred ($1,800) dollars, payable out of the State School Fund. Sec. 41. For expenses of Teachers Institute for 1887 and 1888, two hundred ($200) dollars, payable out of the General School Fund. Sec. 42. For painting roof of State Printing Office and for wood-house and fence for grounds, one thousand ($1,000) dollars. Sec. 43. For traveling expenses of Superintendent of Public Instruction, eight hundred ($800) dollars, payable out of the General School Fund. Sec. 44. For carrying on the manufacture of boots and shoes at the State Prison, fifty thousand ($50,000) dollars. Sec. 45. For salary of Clerk in State Land Office, fifteen hundred ($1,500) dollars, to be paid out of the State School Fund. Sec. 46. For salary of Clerk of the State Library, from January third to March third, 1887, two hundred ($200) dollars. |
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κ1887 Statutes of Nevada, Page 117κ
Chap. CXXIII.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 11, 1885.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eleven of said Act is hereby amended so as to read as follows: Section eleven. The Sheriff of Lyon county shall receive as salary the sum of nine hundred dollars per annum and such fees as are now allowed by law. The County Clerk shall receive the fees allowed under the provisions of an Act to regulate fees and compensation for official and other services in the State of Nevada, approved March ninth, eighteen hundred and sixty-five; the Recorder, as ex-officio Auditor, shall receive the fees allowed under said Act of March ninth, eighteen hundred and sixty-five, and such other compensation as is provided by law; the Treasurer shall receive seventeen hundred dollars per annum; The Assessor shall receive twelve hundred dollars per annum; the District Attorney shall receive fifteen hundred dollars per annum; The Superintendent of Schools shall receive four hundred and twenty dollars per annum; the County Commissioners shall each receive six hundred dollars per annum and such mileage as allowed by law. Sec. 2. This Act shall take effect from and after its passage. |
Fees of officers in Lyon county. |
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Chap. CXXIV.An Act to amend an Act entitled An Act providing for the government of the towns and cities of this State, approved February 26, 1881.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixteen of said Act is hereby amended so as to read as follows: Section sixteen. None of the powers or jurisdiction in this Act, authorized or required, shall be exercised in any town or city until there shall have been filed in the Clerks office of the county in which the same is situated, a written petition for the application of the provisions of this Act to said town or city, signed by a majority of the actual residents thereof, representing at least three-fifths of its taxable property, except in the case of any disincorporated town or city, or towns having a voting population of six hundred or more, no such nor any petition need be filed, but all the provisions of this Act shall immediately apply thereto. |
Petition to be filed. |
κ1887 Statutes of Nevada, Page 118 (CHAPTER 124)κ
|
case of any disincorporated town or city, or towns having a voting population of six hundred or more, no such nor any petition need be filed, but all the provisions of this Act shall immediately apply thereto. When a petition is filed the genuineness of its signatures and the qualification of its subscribers shall be established by the affidavits of reliable taxpayers of said town or city filed with such petition. |
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Applications made to Register.
Assessors furnished with statement. |
Chap. CXXV.An Act to amend an Act entitled An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section four. All applications to purchase lands shall be made in writing to the Land Register, and shall be signed by the applicant, his or her agent, and shall designate in conformity with the United States survey, the tracts of land applied for to purchase, the number of acres, and amount necessary to purchase such land, and the section of this Act under which the applicant wishes to purchase; also, residence, postoffice address, and county in which such land is located, and it shall be the duty of the State Land Register, on the first day of July, 1887, to furnish the several County Assessors with a statement showing the lands that have been applied for in their respective counties, together with the name and address of the contractor or assignee, so far as the same may be known, and on or before the first day of March of each year thereafter, to furnish such Assessor with a statement showing all additional contracts and forfeitures since last annual statement. |
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Chap. CXXVI.An Act to amend section thirteen of an Act entitled An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirteen of the above entitled Act is hereby amended so as to read as follows: Section thirteen. An occupant or party in possession shall have a preferred right to purchase all the land he or she may be entitled to purchase under the provisions of this Act, for a period of six months after the same shall have been approved to the State. |
κ1887 Statutes of Nevada, Page 119 (CHAPTER 126)κ
have a preferred right to purchase all the land he or she may be entitled to purchase under the provisions of this Act, for a period of six months after the same shall have been approved to the State. When two or more persons claiming a preferred right apply to purchase the same land, the second and all subsequent applicants shall make and file with the Register an affidavit showing that he or she was the occupant, or in possession of the land in question at and before the date of the filing of the first application. And when two or more parties apply to purchase, shall be entitled to appear and contest the right of an applicant to purchase, shall be entitled to appear and contest the right of an applicant to purchase under a preferred right by reason of occupancy or possession. When two or more persons apply to purchase the same land, neither claiming a preferred right, the first applicant shall be allowed to purchase. In all cases where two or more persons apply to purchase the same land, prior applicants shall have thirty days after the date of the filing of the last application in which to appear and make affidavit of occupancy or possession, and it shall be the duty of the State Land Register to notify the first applicant or his attorney immediately upon the filing of a subsequent application for any portion of the land embraced in his sequent application for any portion of the land embraced in his or her application. Such notice may be given in person, or by registered letter. All cases of contest arising under the provisions of this section, or from any other cause, shall be certified, together with all the facts in his possession relating thereto, by the Land Register to the District Court of the county in which the land in dispute is situated. The Judge or Court shall proceed to hear and determine the rights of the parties contestant in the same manner that ordinary actions in said Court are heard, tried and determined, and when fully determined the judgment of the Court shall be certified by the Clerk thereof to the State Land Register. All costs in contested cases shall be paid by the parties as the Court or Judge may determine. Upon receiving the certificate of the Clerk of the Court, as herein provided, the State Land Register shall proceed with the successful applicant in the same manner as if he alone had applied, and immediately cancel all other applications for the land in question. It shall be the duty of the Land Register to notify each unsuccessful applicant that his application has been cancelled. |
Preferred right.
Affidavit filed with Register.
Thirty days to make affidavit.
Contest heard as in ordinary actions. |
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Chap. CXXVII.An Act to encourage the sinking of artesian wells.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, firm, company, corporation or association that shall, |
|
κ1887 Statutes of Nevada, Page 120 (CHAPTER 127)κ
Entitled to bounty.
Shall file with County Recorder.
Commissioners shall authorize.
Clerk shall issue certificate.
Controller shall draw warrant. |
association that shall, after the passage of this Act, commence the sinking of artesian wells, shall be entitled for sinking such artesian well, where flowing water is obtained, the sum of one dollar and twenty-five cents per foot, to be paid in the manner provided for in Section four of this Act; provided, that no bounty shall be paid on any well which does not furnish seven thousand gallons of water each twenty-four hours, flowing continuously for thirty days; and provided further, that bounties shall not be paid in more than three wells in each county within this State; and provided further, that no two wells shall receive a bounty if located within ten miles of each other. Sec. 2. Every person, firm, company, corporation or association that proposes taking the benefit of this Act, shall, before commencing to sink such artesian well, file with the County Recorder of the county in which said well is situated, a sworn statement setting forth (if on surveyed land) the range, township, section and subdivision of section, and if on unsurveyed land, then the statement shall contain such description as will enable the Commissioner herein provided for to ascertain its locality. Sec. 3. Whenever any person, firm, company, corporation or association shall report to the Board of County Commissioners the completion of an artesian well, and demand the bounty provided for in this Act, the said Board of County Commissioners shall authorize and instruct their Chairman or a member of their body to proceed to said well and measure its depth and diameter, and the amount of water flowing therefrom, and report said facts under oath, to the said Board of County Commissioners; provided, that the expense of said measurements, including report and traveling fees, shall not exceed twenty-five dollars, which amount shall be paid by the party making demand for said bounty. Sec. 4. The Board of County Commissioners shall, when such report is received, showing the depth, diameter, and the quantity of water flowing from such well, cause the Clerk of said Board to issue, under his official seal, to the person, firm, company, corporation or association applying for the bounty herein provided for, a certificate setting forth the depth, diameter and the quantity of water flowing from such well, upon which a bounty is demanded. Sec. 5. The State Controller shall, upon receipt of said certificate, as provided for in Section four of this Act, draw his warrant in favor of the person, firm, company, corporation or association named therein, for the amount due, and the State Treasurer is hereby directed to pay the same. Sec. 6. The sum of ten thousand dollars is hereby appropriated out of any money in the General Fund of this State for the payment of bounties herein provided for. Sec. 7. All Acts and parts of Acts in conflict with any of the provisions of this Act are hereby repealed. |
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κ1887 Statutes of Nevada, Page 121κ
Chap. CXXVIII.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 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section four. When all the names in the jury box have been exhausted, or there are not enough therein to complete the next panel that may be drawn, the District Judge shall certify the same to the Board of County Commissioners, together with a statement of the number of additional names that will be required, and said board shall thereupon proceed and select such required number of jurors in the manner hereinbefore provided, and thereafter trial jurors may be drawn therefrom as before. Grand jurors may be selected from the qualified jurors of the county whether their names are or are not upon the list selected by the Board of Commissioners, and it shall at all times be in the discretion of the Court, with the consent of all parties litigant to the action or actions to be tried thereby, either to draw the names of the jurors from the box, as in this Act provided, or to issue an open venire directed to the Sheriff, requiring him to summon, either immediately or for a day fixed, from the citizens of the county, but not from the bystanders, such number of persons having the qualifications of jurors as may be needed; the persons thus summoned shall be as competent trial jurors in all respects as if drawn from the jury box. |
Manner of drawing juries. |
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Chap. CXXIX.An Act to authorize the Board of County Commissioners of Storey county to apportion said countys portion of the moneys annually derived from the collection of poll taxes to the School Fund of said county.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Storey county is hereby authorized and required to set apart and apportion to the School Fund of said county in the treasury thereof said countys proportion of the moneys annually derived from the collection of poll taxes. |
Commissioners to set apart and apportion. |
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κ1887 Statutes of Nevada, Page 122κ
Shall be paid into State Treasury. |
Chap. CXXX.An Act in relation to fines and to repeal an Act relating thereto.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The full amount of all fines imposed and collected under and for a violation of any penal law of this State shall be paid into the State Treasury, and costs shall in no case be deducted from the fine fixed by law or imposed by the court, but shall be taxed against the defendant in addition to the fine and separately stated on the docket of the court. Sec. 2. If the fine be not paid the court may order the defendant to be imprisoned one day for each two dollars of the fine not paid. Sec. 3. Judgment for cost shall be entered against the defendant, to be collected as judgments in civil cases. Sec. 4. An Act in relation to fines, approved January twenty-eighth, one thousand eight hundred and sixty-seven, is hereby replaced. |
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Board of Examiners shall order amendments printed.
Publisher shall print. |
Chap. CXXXI.An Act providing for the manner of submitting Constitutional amendments to the voters of the State of Nevada.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever the conditions prescribed by the Constitution of the State of Nevada for amending the same have been complied with by the Legislature, the State Board of Examiners shall order such proposed amendments to the Constitution published in one daily newspaper of general circulation, published in the State of Nevada, for a period of ninety days next preceding any general election held in this State, when any proposed amendments are pending. Sec. 2. The publisher of the newspaper publishing the proposed amendments, as required by this Act, shall print and send to the County Clerk of each county in this State, as many copies of said newspapers containing the publication of said proposed amendments as there were registered voters for the general election of eighteen hundred and eighty-six, and the printing and mailing of said extra copies required under this Act shall be done by the publisher without expense to the State. |
κ1887 Statutes of Nevada, Page 123 (CHAPTER 131)κ
It is hereby made the duty of the Clerk of each county to mail to every registered voter within his county a copy of the newspaper containing the proposed amendments. Sec. 3. The several Boards of County Commissioners in this State, before the next general election after final agreement by the Legislature to any proposed amendments to the Constitution, shall, in their proclamation, order that there be printed upon the ballots: Amendment No. -, Yes; or Amendment No. -, No. Sec. 4. The vote on an amendment to the Constitution shall be canvassed and returned in the same manner as is or may be provided by law for the canvass and return of votes for elective officers. |
Commissioners proclamation. |
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Chap. CXXXII.An Act to provide for the preservation of the records of the State Land Office of the State of Nevada.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor, Surveyor-General and State Controller are hereby constituted a Board of Commissioners for the purpose of erecting a fire-proof vault for use by the Surveyor-General. Sec. 2. The board is hereby authorized and directed to contract for and supervise the construction of a suitable vault in the room now occupied be the Secretary of State, with an entrance from the room occupied by the Surveyor-General. The Warden of the State Prison shall cause to be prepared and delivered to said board, at the State Prison, such stone as may be required, if any, for the construction of said vault free of charge. Sec. 3. All debts contracted under the provisions of this Act shall be allowed, audited and paid in the same manner as other proper charges against the State after receiving the approval of said Board of Commissioners. Sec. 4. The sum of three thousand ($3,000) dollars is hereby appropriated out of any moneys now in or hereafter coming into the General Fund, not otherwise specially appropriated, for the purpose of carrying out the provisions of this Act, and any money remaining at the completion of the work shall revert to the General Fund. Sec. 5. It shall be the duty of said Board of Commissioners to make a full report of its acts to the next Legislature. Sec. 6. An Act entitled An Act to provide for the preservation of the records of the Secretary of State and State Land Office of the State of Nevada, became a law March 18, 1885, is hereby repealed. |
Authorized to contract.
Money appropriated. |
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κ1887 Statutes of Nevada, Page 124κ
Right to exclusive possession.
May defend action. |
Chap. CXXXIII.An Act defining the rights of applicants for and contractors to purchase land from the State of Nevada, and providing for maintaining certain actions concerning such land.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who has applied to the State of Nevada to purchase any land from it, or who has contracted with the State of Nevada for such purchase, or who may hereafter apply to or contract with the State of Nevada, in good faith, for the purchase of any of its public land, and who has paid, or shall pay to the proper State officers, the amount of money requisite under such application or contract, shall be deemed and held to have the right to the exclusive possession of the land described in such application or contract; provided, no actual adverse possession thereof existed in another at the date of the application. Sec. 2. Every person who has contracted with the State of Nevada, in good faith, to purchase any land from it, shall be entitled to maintain or defend any action at law or in equity concerning said land or its possession, which may now be maintained or defended by persons who own land in fee, and every person who has applied or may hereafter apply to the State of Nevada, in good faith, to purchase any land from it, and has paid or shall pay the amount of money which may be required under such application, to the proper State officer, shall be deemed and held to have the right to the exclusive possession of such land, and shall be entitled to maintain and defend any action at law, or in equity, concerning such land or the possession thereof, which may now be maintained or defended by persons who own land in fee; provided, no actual adverse possession of such land existed in another at the date of such application. Sec. 3. Nothing in this Act contained shall be so construed as to prevent any person or persons from entering upon such lands for the purpose of prospecting for any of the precious metals, or to prevent the free and economical working of any mine which may be discovered therein. |
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κ1887 Statutes of Nevada, Page 125κ
Chap. CXXXIV.An Act to amend Section five of an Act regulating the compensation of county officials in the several counties of this State, and other matters relating thereto; approved March 11, 1885.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section five. Amend Section five as follows: The Sheriff of Elko county shall receive four thousand ($4,000) dollars per annum, which sum shall be compensation in full for all services rendered. The Sheriff shall pay into the county treasury each month all moneys collected by him belonging to the county. The Recorder, as ex-officio Auditor, shall receive such fees as are allowed by an Act to regulate fees and compensation for official and other services in the State of Nevada, approved February twenty-seventh, eighteen hundred and eighty-three, and such other compensation as is allowed by law. The Deputy Sheriff shall receive a salary of fifteen hundred dollars per annum. The County Clerk shall receive a salary of eighteen hundred dollars per annum. The Treasurer shall receive twenty-four hundred dollars per annum. The Assessor shall receive three thousand dollars per annum. The District Attorney shall receive two thousand dollars per annum. The Superintendent of Schools shall receive six hundred dollars per annum. The County Commissioners shall each receive six hundred dollars per annum, and such mileage as is now allowed by law. |
Salaries of county officers of Elko county |
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Chap. CXXXV.An Act authorizing Boards of County Commissioners of any county in this State to institute and maintain suit against persons, firms, companies, associations or corporations depositing sawdust in any river or stream of this State, and providing for the levy of a tax to pay the expenses of the same.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of any county in this State are hereby authorized and empowered to institute and maintain suit in any court of competent jurisdiction against any person, firm, company, association or corporation depositing sawdust in any river or stream, the waters of which run partly or wholly in this State. |
Empowered to institute suit. |
κ1887 Statutes of Nevada, Page 126 (CHAPTER 135)κ
|
tion depositing sawdust in any river or stream, the waters of which run partly or wholly in this State. Sec. 2. The Boards of County Commissioners of any and all counties of this State are hereby authorized and empowered to levy annually such tax as in their discretion may be necessary to carry out the provisions of this Act. |
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Salaries of county officers of Ormsby county.
Fees of County Clerk. |
Chap. CXXXVI.An Act to regulate the compensation of officers in the county of Ormsby, and to fix the fees which may be charged by them.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Sheriff of Ormsby county shall receive twenty-four hundred dollars per annum. The Deputy Sheriff shall receive twelve hundred dollars per annum. The Treasurer shall receive eighteen hundred dollars per annum. The County Clerk shall receive sixteen hundred dollars per annum. The Recorder and ex-officio Auditor shall receive two thousand dollars per annum. The Assessor shall receive two thousand two hundred dollars per annum, in full compensation for himself and deputies. The District Attorney shall receive fifteen hundred dollars per annum. The Superintendent of Schools shall receive two hundred dollars per annum. The County Commissioners shall each receive four hundred dollars per annum, all of said salaries to be paid in equal monthly installments. Sec. 2. The County Clerk of Ormsby county shall be entitled to fees as follows: For entering each suit on the Clerks register of actions, and making the necessary entry therein during the trial, one dollar; for filing each paper, twenty-five cents; for issuing summons, one dollar; for entering every appearance, seventy-five cents; for entering return of every writ or process, seventy-five cents; for issuing subpena, for each witness, fifty cents; for entering each cause on the calendar, and making a copy thereof for each term of the District Court, one dollar; for entering every motion, exception, rule, order or default, fifty cents; for entering every discontinuance, dismissal or nonsuit, fifty cents; for calling or swearing every jury, one dollar; for administering every oath or affirmation, twenty-five cents; for receiving and entering every verdict of a jury, seventy-five cents; for entering every final judgment, for the first folio, one dollar, and for each subsequent folio, thirty cents; for filing judgment roll, fifty cents; for docketing judgment against each judgment debtor, fifty cents; for issuing execution, one dollar; |
κ1887 Statutes of Nevada, Page 127 (CHAPTER 136)κ
dollar; for entering satisfaction of judgment for each debtor, fifty cents; for entering every notice of appeal, fifty cents; for copying any proceeding, record or paper, for each folio, thirty cents; for receiving and entering any remittitur from the Supreme Court and accompanying papers, fifty cents; for every certificate, one dollar; for issuing every commission to take testimony, one dollar; for issuing every process under seal, other than subpena, one dollar; for every certificate under seal, one dollar; for issuing letters testamentary or of administration, one dollar; for writing and posting notices, when required for each copy, fifty cents; for recording all instruments, for each folio, thirty cents; for searching the files of each year in his office, but not to charge suitors or attorneys, fifty cents; for taking each bond and justification thereof, required by law, one dollar; for taking justification to bond, for each name, fifty cents; for taking acknowledgment of deeds or other instruments, including certificate and seal, for the first name, one dollar, and for each subsequent name, twenty-five cents; for issuing every decree or order of sale or mortgaged property, or writ of injunction, for the first folio, one dollar, and for each subsequent folio, thirty cents; for entering each suit in the plaintiffs, and defendants, index, one dollar; for registering each paper, when required by law, fifty cents; for making out naturalization papers, including all necessary oaths, affirmations and certificates for the first papers, five dollars; for making out naturalization papers, including all necessary oaths, affirmations and certificates, for the final papers, ten dollars; for each days attendance on the Board of County Commissioner, five dollars; provided, the same shall in no ease exceed one hundred dollars per annum in the aggregate. Sec. 3. The Recorder of Ormsby county shall be entitled to fees as follows: For receiving, filing and entering documents required to be recorded, twenty-five cents; for filing and entering any paper not to be recorded, fifty cents; for making all necessary indexes to each paper filed or recorded, for each name to be indexed, fifty cents; for recording any instrument, paper or document, for each folio, thirty cents; for every certificate under seal, one dollar; for every entry of discharge of mortgage on the margin of records, fifty cents; for abstract of title, for each document embraced thereby, one dollar; for searching records and files, for each doucument necessarily examined, fifty cents; for recording any survey or map, other than town plat, for each course, fifty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twenty-five cents; for each folio of lettering or figuring therein, or in the certificate and description of the same, one dollar; for recording certificates of marriage, death, divorce or birth, one dollar; for copy of any record or document in his office, the same fees as for recording; for taking acknowledgment, including certificate and seal, for first signature, one dollar; for each additional signature, twenty-five cents; for recording or copying any paper in a foreign language, double the fees as when in English; no map or plats shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages required by the Board of Equalization, for each, twenty-five cents. |
Fees of Recorder. |
κ1887 Statutes of Nevada, Page 128 (CHAPTER 136)κ
Fees of Auditor.
Fees of Sheriff. |
two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages required by the Board of Equalization, for each, twenty-five cents. Sec. 4. The Auditor of Ormsby county shall be entitled to fees as follows: For filing Treasurers receipts and issuing licenses, to be paid by the party, fifty cents. The County Auditor shall receive for all services rendered by him in the discharge of the duties imposed on him by law, other than those especially enumerated, for each folio, thirty cents; for filing and endorsing each paper, twenty-five cents, except the property schedule rendered him by the Assessor, for which he shall receive no fees. Sec. 5. The Sheriff of Ormsby county shall be entitled to fees as follows: For serving a summons or complaint or any other process by which an action or proceeding is commenced, on every defendant, two dollars; for traveling in making such service, per mile, in going only (to be computed in all cases from the court house of the county) fifty cents for the first ten miles, and for each and every additional mile forty cents; provided, that if any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged; for taking bond, or undertaking, in any case in which he is authorized to take the same, one dollar and fifty cents; for copy of any writ, process or other paper, when demanded or required by law, for each folio, thirty cents; for serving every notice, rule or order, one dollar; for serving a subpena, for each witness summoned, fifty cents; for traveling, per mile, in serving such subpena or venire, in going only, fifty cents for the first ten miles, and for each additional mile, forty cents; but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant; for serving an attachment on property, or levying an execution, or executing an order of arrest, or order for delivery of personal property, three dollars, together with traveling fees, as in cases of summons; for serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereof created by law, five dollars; for making and posting notices and advertising for sale on execution or under any judgment or order of sale, not to include the cost of publication in a newspaper, two dollars; for commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first five hundred dollars, four per cent., not exceeding one thousand dollars, but over five hundred dollars, two per cent., on all over one thousand dollars and not exceeding fifteen hundred dollars, and on all sums above that amount, one per cent.; for commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first thousand dollars, one per cent., on all over that sum, one-half per cent. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution shall be collected from the defendants by virtue of such execution in the same manner as the same may be therein directed to be made. |
κ1887 Statutes of Nevada, Page 129 (CHAPTER 136)κ
fendants by virtue of such execution in the same manner as the same may be therein directed to be made. For drawing and executing every Sheriffs deed, to be paid by the grantee, who shall in addition, pay for the acknowledgment thereof, five dollars; for serving a writ of possession or restitution, putting any person into possession entitled thereto, five dollars; for traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents; for attending when required on any court, in person or by deputy, for each day, to be paid out of the county treasury, five dollars; for bringing up a prisoner on habeas corpus, to testify or answer to any court, or for examination as to the cause of his arrest and detention, or to give bail, two dollars. He shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process and of preserving the same as the Court from which the writ or order may issue shall certify to be just and reasonable. For holding each inquest or trial of right of property, when required, to include all services in the matter, except mileage, ten dollars; for attending on the Supreme Court, either in person or by deputy, to be paid out of the State treasury as other claims are paid, for each day, eight dollars; for every arrest in a criminal proceeding, three dollars; for serving each subpena in criminal cases, fifty cents; for executing every sentence of death, fifty dollars; for summoning a grand jury of twenty-four persons, fifteen dollars; for summoning each trial jury of twelve persons, six dollars; for each additional juror, fifty cents; for service of any process in a criminal case, the same mileage as in civil cases; in serving subpenas or venires in criminal cases he shall receive mileage for the most distant only, where witnesses and jurors live in the same direction; for all services in the justices courts the same fees as are allowed to Constables. Sec. 6. The District Attorney of Ormsby county shall collect such fees as are now provided by law, and all such fees, when collected, shall be paid into the county treasury of Ormsby. Sec. 7. The salaries in this Act provided shall be the whole and only compensation allowed and paid to the officers herein named, for all official services by them rendered as such officers, and the Board of County Commissioners are hereby prohibited from allowing or paying any deputy or any officer for any service mentioned in this Act, except as herein provided. The several officers named in this Act shall collect and safely keep all fees, percentages and compensations of whatever nature or kind allowed them by law, for services rendered by them or their deputies in the several official capacities, and they shall on the first Monday of each month, after said date, pay the same to the County Treasurer. The several officers named in this Act shall, at the expiration of each month, make out and file with the County Treasurer a full and accurate statement, |
District Attorney shall collect fees.
Pay monthly into County Treasury. |
κ1887 Statutes of Nevada, Page 130 (CHAPTER 136)κ
Salary Fund
State allowance. |
out and file with the County Treasurer a full and accurate statement, under oath, of all fees, percentages and compensations received in their several official capacities during the month; also, a duplicate copy to the County Commissioners, in which statement they shall set forth the causes in which and the services for which such compensations were received, and the County Commissioners are prohibited from allowing the salary of any county officer who fails to comply with the provisions of this Act. No officer named in this Act shall perform any service except it be for the county or State until the fees prescribed by law are paid. Sec. 8. All fees and emoluments collected by the several officers under the provisions of this Act, upon payment to the Treasurer, shall be kept by him in a fund to be known as the Salary Fund, and all warrants for the payment of salaries provided by this Act shall be drawn upon the Salary Fund. Whenever there is a surplus in the Salary Fund, the Board of County Commissioners may transfer it to the General Fund, and whenever there is a deficiency the Board or County Commissioners shall transfer to the Salary Fund a Sufficient sum from the General Fund to meet all warrants drawn against said Salary Fund. Sec. 9. The State of Nevada shall allow to Ormsby county for the services rendered under the Revenue Act by the Auditor, Assessor and Treasurer thereof, as follows: For the Auditor a sum which shall be the proportion of the State tax to the whole tax levied by the county, on the basis of one hundred dollars per month; for the Assessor and his deputies, a sum which shall be the proportion of the State tax to the whole tax levied by the county, on the basis of two thousand two hundred dollars per annum, for the Assessors salary; for the Treasurer, four per cent. of all moneys paid to the State after deducting school moneys. The allowances shall be made at the time of the semi-annual settlement provided by law, upon vouchers furnished the County Treasurer by the Board of Commissioners of Ormsby county. Sec. 10. Nothing in this Act shall be construed so as to prohibit the County Commissioners from employing Deputy Assessors under the conditions now prescribed by law. Sec. 11. This Act shall take effect and be in force on and after the first day of April, A. D. 1887. Sec. 12. All Acts and parts of Acts, in so far as they conflict with the provisions of this Act in respect to the fees and compensations of officers in Ormsby county, are hereby repealed. |
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κ1887 Statutes of Nevada, Page 131κ
Chap. CXXXVII.An Act to amend and supplementary to an Act entitled An Act to provide for organizing and disciplining the militia of the State, approved March 4, 1865.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifty-three of said Act above entitled is hereby amended and supplemented so as to read as follows: Section fifty-three. It shall be the duty of said Board of Military Auditors to audit and pay all reasonable expenses incurred by volunteer companies in the service of this State, and officers attached to the same, and all other claims required under the provisions of this Act; to personally inspect, at least once in each year, all military supplies, stores and property belonging to the State and in possession of the of the Adjutant-General, and to condemn such portions thereof as may be deemed worthless or unfit for safe use by the militia of this State, and cause the same to be sold or disposed of as may be deemed for the best interest of the State. And the Treasurer of [the] State is hereby required to pay to such claims as herein provided for and as audited by said board, out of any moneys in the General or Military Fund not otherwise appropriated. No company shall be deemed in the service of the State so as to be entitled to the benefits of this section, unless the same has been called out in accordance with the provisions of Section thirty-nine of this Act. All moneys received from the condemnation and sales of military stores, supplies and property of the State, as herein provided, shall be paid by said Board of Military Auditors in the State Treasury for the benefit of the General or Military Fund. |
Shall audit and pay expenses.
Treasurer to pay. |
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Chap. CXXXVIII.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.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act it shall not be lawful for the Treasurer of White Pine county to pay any warrant now outstanding drawn on the General Fund of said county, or which may be drawn on said fund hereafter, until said fund shall have been placed upon a cash basis, except in the manner hereafter provided. |
Treasurer not to pay warrant. |
κ1887 Statutes of Nevada, Page 132 (CHAPTER 138)κ
Redemption Fund created.
Notice by posting.
Shall open and accept proposals.
Auditor and Treasurer shall take description of warrants |
until said fund shall have been placed upon a cash basis, except in the manner hereafter provided. Sec. 2. The Board of Commissioners of said county are hereby authorized and directed, from and after the passage of this Act, to create, in the county treasury of said county, a fund to be known as the Redemption Fund of said county. As soon after the passage of this Act as may be practicable said board shall cause to be transferred into said Redemption Fund twenty per cent. of all county revenues in the General Fund of said county, at the time of the taking effect of this Act; and the County Treasurer of said county is hereby expressly prohibited from paying out any portion of said twenty per cent. of said revenues from said treasury until the said order of transference to be made by said board as hereinafter provided for, is duly certified to said Treasurer, and said board shall cause twenty per cent. of all county revenues paid into the treasury of said county after the passage of this Act, to be placed in said Redemption Fund as soon as paid into said treasury. The money placed in the Redemption Fund created by this Act shall be disbursed as hereinafter provided. Sec. 3. Whenever at any time there shall be in said Redemption Fund the sum of five hundred dollars or more, it shall be the duty of the County Treasurer of said county to give ten days notice by posting at the court-house door of said county that sealed proposals directed to him will be received for the surrender of county warrants on the General Fund of said county, issued prior to the passage of this Act, or pursuant to the provisions thereof, and that said proposals will be received by him until the next regular meeting of the Board of County Commissioner thereafter. Sec. 4. On the first day such regular meeting of said Board of County Commissioners, they together with the County Auditor and Treasurer, shall attend at the office of the latter and then and there open all sealed proposals then received, and accept the lowest bid or bids for the surrender of county warrants as specified in the preceding section; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied by the warrant or warrants proposed to be surrendered; and provided further, that said board shall, if it shall deem it for the best interest of said county, reject all bids, and order the Treasurer to readvertise. Said board shall, on opening and accepting bids, apply all funds then in said Redemption Fund, if there be accepted bids sufficient to cover the amount. Sec. 5. When any bid or bids are accepted, the County Auditor and County Treasurer shall each take a description of the warrant or warrants to be redeemed, specifying the amount to be paid for each warrant surrendered, the date, number and amount thereof, and make a record thereof in the respective offices; and thereupon the Board of County Commissioners shall, by order, entered on their minutes, direct the County Treasurer to purchase the warrant or warrants designated in the accepted bid or bids, and pay therefor out of said Redemption Fund; |
κ1887 Statutes of Nevada, Page 133 (CHAPTER 138)κ
therefor out of said Redemption Fund; and all warrants so redeemed shall be canceled by the County Treasurer, who shall write across the face thereof, in red ink, purchased and redeemed, adding thereto the time, when, and the amount paid therefor, and signing the same officially. The order of the Board of Commissioners aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the largest amount of warrants for the least sum of money. The bids and amounts of warrants being equal, each shall be accepted and paid pro rata as nearly as possible. The County Treasurer shall return all unaccepted bids, with the warrants therein contained, to the owners on demand. The County Treasurer shall keep a separate account, under the head of Redemption Fund, of all moneys received therein, of all moneys paid out thereof, and when, and to whom paid; he shall, also, on the register of county warrants kept by him, write opposite each warrant redeemed under the provisions of this Act the word purchased, when, and the amount paid therefor. Sec. 6. All warrants against the General Fund of said county now outstanding, and all hereafter issued, until said General Fund shall have reached a cash basis, shall be paid out of the Redemption Fund created by this Act, and in manner herein provided; and as soon as said General Fund shall have reached a cash basis this Act shall cease to operate and be obsolete. Sec. 7. All officers of said county who shall render any services, official or otherwise, under the provisions of this Act, shall do so free of charge or fee. Sec. 8. No part of this Act, or any of the provisions therein contained, shall be construed or held in any manner to affect the compensation of any officer of White Pine county now paid, or hereafter to be paid, by salary or by fees and salary. |
Paid out of Redemption Fund. |
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Chap. CXXXIX.An Act to amend an Act entitled An Act to authorize the School Trustees of School District No. 10 in Washoe county to issue bonds for school purposes, approved February 18, 1879.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section seven. For the purpose of providing for the payment of the bonds hereby authorized to be issued, |
|
κ1887 Statutes of Nevada, Page 134 (CHAPTER 139)κ
Providing for payment of bonds. |
ment of the bonds hereby authorized to be issued, the Board of County Commissioners of Washoe county are hereby authorized and required, at the time of the annual levy of taxes for State and county purposes, for the year eighteen hundred and seventy-nine, and annually thereafter, to levy upon all the taxable property of said School District No. 10, an amount not exceeding one-fourth of one per cent. upon each one hundred dollars valuation of said property, sufficient to pay the interest and principal of the bonds issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and levied, and shall be paid into the County Treasury and set apart to a fund which is hereby created, to be known as the Reno School District Redemption Fund, and the money in said fund shall be paid out by the County Treasurer, in payment of the interest on the bonds aforesaid as the same becomes due, and upon presentation of coupons therefor, and upon the presentation and surrender of said bonds when the same become due; provided, that in case of any change in the boundaries of the present existing School District No. 10 aforesaid, whereby any portion of said school district shall become attached to or incorporated in any school district other than said No. 10, the same tax shall be levied annually by said Board of County Commissioners, under the provisions of this Act, upon all the taxable property within the territory detached from School District No. 10 aforesaid, and placed in the new district, as is levied each year upon said School District No. 10. The remaining portion thereof under this Act, and the proceeds thereof, shall be applied and used as if no change in District No. 10 had been made, and said taxes in said new school district shall be levied, assessed and collected as other taxes are required to be levied, assessed and collected. |
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Duties of Constable and Sheriff. |
Chap. CXL.An Act to amend an Act entitled An Act concerning officers, approved November 29, 1861.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of said Act of which this Act is amendatory is hereby amended so as to read as follows: Section six. Each Constable shall be a peace officer in his township, and shall serve all mesne and final process issued by a Justice of the Peace, and shall discharge such other duties as are or may be prescribed by law; provided, that in case a Sheriff or his deputy in any county in this State shall make an arrest of any person or persons charged with a criminal offense or arrested in the commission of an offense, the Sheriff or his deputy shall have the privilege, |
κ1887 Statutes of Nevada, Page 135 (CHAPTER 140)κ
deputy shall have the privilege, and it shall be his duty to serve all process, whether mesne or final, and attend the court executing the order thereof in the prosecution of the person or persons so arrested, whether in a Justice or a District Court, to a final conclusion, and whether the same be an offense of which a Justice of the Peace has jurisdiction, or whether the same be a preliminary examination or hearing; and the said Sheriff or his deputy shall receive the same fees and in the same manner therefor as the Constable of the township in which such Justice Court is held, would receive for like service. |
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Chap. CXLI.An Act to amend an Act entitled An Act fixing the rates for official advertising, approved March 1, 1881.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above entitled Act is hereby amended so as to read as follows: Section one. For all advertising required or ordered by the State of Nevada the State shall pay for each square, of ten lines nonpareil measurement, not to exceed the sum of two dollars and fifty cents for the first insertion, and not to exceed one dollar for each subsequent insertion, an insertion being held to be one publication per week. |
Rates for advertising. |
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Chap. CXLII.An Act to enforce protection of life in certain cases.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all public buildings and edifices in this State, such as court houses, churches, school houses, theaters and other places where the public assemble in large bodies, the doors whereby people enter and depart from such places, shall open outwardly, or outwardly and inwardly, in all such buildings and edifices hereafter erected, and in all such buildings and edifices now in use. If such doors do not now conform to the foregoing requirement, they must be made so to do prior to the first day of July, A. D. 1887. Sec. 2. Any person or persons, agent or agents, of any corporations, |
Doors of public buildings open outward and inward. |
κ1887 Statutes of Nevada, Page 136 (CHAPTER 142)κ
|
porations, found guilty of violating any of the provisions of this Act shall be punished by fine not less than one hundred dollars nor exceeding one thousand dollars, or by imprisonment not exceeding one year in the State Prison, or by both such fine and imprisonment as the court shall adjudge. |
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Notice to be given in writing or by publication.
Affidavit to be made. |
Chap. CXLIII.An Act for the better preservation of titles to mining claims.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the failure of any one of the several co-owners of a mining claim to contribute his proportion of the expenditures required by law, the co-owners who have performed the labor or made the improvements, and who have given such delinquent co-owner the requisite notice, either personally, in writing, or by publication in a newspaper, shall within thirty days after the expiration of the period required by law to vest the interest of such delinquent co-owner in the co-owners who have made the required expenditures, have recorded in the office of the County Recorder of the county wherein such mining claim is situated a copy of the notice in writing, if the same shall have been personally served, with an affidavit of such service, or, if the same shall have been given by publication, then a copy of the printed notice, with the affidavit of the newspaper publisher or his clerk, that the same was published ninety days, together with the affidavit of the party signing the notice to the effect that one or more of the co-owners named in said notice have neither paid their share of the expenditures nor made or performed their share of the improvements or labor. And such record or a copy thereof, duly certified by the Recorder, shall be prima facie evidence of the facts therein stated. Sec. 2. Within thirty days after the performance of labor or making of improvements, required by law to be annually performed or made, upon any lode or mining claim, the person in whose behalf such labor was performed or improvements made, or some one in his behalf, shall make before and record with the Mining Recorder of the district wherein such claim is situated an affidavit setting forth the amount of money expended, or value of labor or improvements made, or both, the character of expenditures, labor or improvements, a description of the claim, or part of claim affected by such expenditures, or labor or improvements, for what year, and the names of the owners or claimants of said claim at whose expense the same was made or performed. Such affidavit, or a copy thereof, duly certified by the Recorder, shall be prima facie evidence of the performance of such labor, or the making of such improvements, or both. |
κ1887 Statutes of Nevada, Page 137 (CHAPTER 143)κ
by the Recorder, shall be prima facie evidence of the performance of such labor, or the making of such improvements, or both. For taking and recording the affidavit herein required the Mining Recorder shall receive a fee of one dollar. Sec. 3. The instruments and records mentioned in Sections one and two shall be deemed to impart to subsequent purchasers and incumbrancers, and to all other persons whomsoever, notice of the contents thereof. |
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Chap. CXLIV.An Act supplementary to an Act entitled An Act concerning crimes and punishments, approved November 26, 1861.
[Approved March 5, 1887.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made unlawful for any person in this State to own or keep any vicious dog. And if any person shall hereafter own or keep any such dog, and such dog shall injure any person, such owner or keeper of such dog shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine in a sum not exceeding five hundred dollars, or by imprisonment in the County Jail not more than six months, or by both such fine and imprisonment, as the court shall adjudge. |
Unlawful to keep a vicious dog |
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