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ducting the costs and expenses, shall be paid into the State Proceeds, treasury and set apart as a fund for the erection and completion posed of. of an insane asylum for the State of Nevada; provided further, Proviso. that not less than twenty-five thousand dollars in coin shall be paid into the treasury, as aforesaid, upon the termination and conclusion of each of said entertainments or concerts.

Sec. 2. The said association is hereby required to make, exe- Association cute and deliver to the State of Nevada, a good and sufficient bond, bord. with two or more sureties, to be approved by the Governor, in a sum not exceeding fifty thousand dollars in gold coin, conditioned that said association will well and truly pay into the treasury of the State the sum of not less than twenty-five thousand dollars, in gold coin, at the conclusion of each of the entertainments or concerts provided for in section one of this Act; provided, the Proviso. Governor shall have power to require and take new or additional bonds from said association, conditioned as aforesaid, at any time or times it may be deemed advisable by him.

Sec. 3. All moneys coming into the State treasury from the Insane sources provided for in this Act, shall be and the same are hereby

Building set apart, and shall constitute a special fund, to be known as the Fund.

‘Insane Asylum Building Fund,” and the State Treasurer shall report to the Governor the amount received from said sources from time to time, and the Governor shall report the same to the next Legislature.

Sec. 4. All bonds given and approved under the provisions of Bonds: this Act shall be filed in the office of the Secretary of State.

SEC. 5. Nothing in this Act contained shall be construed as Act, how authorizing a lottery in this State, or as allowing the sale of lottery tickets contrary to the provisions of the Constitution.

Asylum

be filed.

construed.

Commissioners

CHAP. LIV.-- An Act to provide for properly taking care of the

Indigent Insane of the State of Nevada.

[Approved March 3, 1871.] The People of the State of Nevada, represented in Senate and Assem

bly, do enact as follows: SECTION 1. The Governor, State Controller and State Treas- Board of urer, are hereby constituted a Board of Commissioners for the purpose of providing for the care and maintenance of the indi- constituted. gent insane of this State.

SEC. 2. A majority of said Board shall constitute a quorum Quorum. for the transaction of business. The Board, as constituted herein, Power of shall have power to purchase a suitable building or buildings of Board to sufficient capacity for the accommodation of all the indigent in-buildings, sane of this State, and land connected therewith not exceeding two hundred acres, or to purchase said quantity of land and erect thereon such building or buildings, and cause the insane of the State now at Stockton, California, to be removed there.

Sec. 3. All debts contracted under the provisions of this Act, Debts conshall be allowed and audited in the same manner as other proper audited and charges against the State, and it may be lawful for the Board of allowed. Commissioners to pay for any land or lands, and building pur

etc.

District Judge to examine person on

chased with the bonds of this State issued under and by virtue of the provisions of the Act, passed at this session of the Legislature, entitled "An Act to authorize a State loan for the purpose of paying the State proportion of the bonds issued under

the Act approved February sixth, one thousand eight hundred and sixtyseven, and to fund the floating debt, and place the State upon a permanent cash basis.”

SEC. 4. From and after the passage of this Act, it shall be the duty of the Judge of the District Court in each judicial district

in this State upon the application of any person under oath, setting application. forth that any person by reason of insanity is unsafe to be at

large, or is suffering under mental derangement, to cause the said

person to be brought before him at such time and place as he Physicians. may direct, and the said Judge shall also cause to appear at the

same time and place one or more licensed practicing physicians who shall proceed to examine the person aîleged to be insane, and if said physicians after careful examination, shall certify upon oath that the charge is correct; and if the Judge is satisfied that such person is, by reason of insanity, unsafe to be at large, and is incompetent to provide for his or her own proper care and support, and has no property applicable for such purpose, and has no kindred in the degree of husband or wife, father or mother, children, brothers or sisters, living within this State, of sufficient means and ability to provide properly for such care and support, he shall cause the said indigent insane person to be conveyed to the Insane Asylum of this State, at the cost and expense of the county from which such person shall come, and place the said person in charge of the proper person having charge of said Asylum, together with a copy of the complaint, commitment and physician's certificate, which shall be in such form as the Secre

tary of State shall prescribe. Appropri. Sec. 5. The sum of fifty thousand dollars is hereby appro

priated out of any moneys now in or hereafter coming into the State treasury, not otherwise specially appropriated, for the purpose of carrying out the provisions of this Act, during the years eighteen hundred and seventy-one, and eighteen hundred and seventy-two, and all sums due for the support, care, clothing and all other needful expenses, when certified by said Board of Commissioners, and approved by the Board of Examiners, shall be audited by the Controller and paid by the State Treasurer out of the fund hereby created.

Sec. 6. It shall be the duty of said Board to make a full rete fupred port of all its proceedings under this Act to the Legislature at

each session thereof. Repeal.

SEC. 7. All Acts and parts of Acts, in conflict with this Act, are hereby repealed.

ation.

Board

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CHAP. LV.-An Act to repeal an Act supplementary to an Act

entitled "An Act to provide Revenue for the support of the Government of the State of Nevada, approved March 9, 1865, and other Acts amendatory and supplemental thereof,approved March 12, 1867.

[Approved March 3, 1877.]

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

bly, do enact as follows :

SECTION 1. The above entitled Act is hereby repealed.

Repeal.

CHAP. LVI. -- An Act to provide for the protection of Timbered

Lands.

[Approved March 3, 1871.]

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

bly, do enact as follows: SECTION 1. It shall be unlawful for any person or corporation Unlawful to to cut down or remove, or cause to be cut down or removed, any cut or wood, timber or trees on or from any land in this State, to which timber, etc. land this State, or any person or corporation has or may have an inchoate title, or any title less than fee simple, and the provisions of this section shall apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporations.

Sec. 2. If any owner of an inchoate title to land in this State, Misdeor title to such land less than fee simple, or any other person or meanor. corporation, shall violate the provisions of the first section of this Act, such person or corporation shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding five hundred dollars.

Sec. 3. If any person shall cut down or remove any tree, Same. wood or timber from any land in this State, to which this State has a fee simple title, or an inchoate title, by reason of grant from the United States, such person shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine as provided in section two of this Act.

Sec. 4. If an issue of fact be joined, as to the title to real Issue of fact estate, in any action under the provisions of this Act, such action as to title shall thereupon be certified by the justice of the peace in whose court it may be pending to the District Court of the same county, and therein tried and finally determined as if the same had been originally commenced therein; provided, that nothing in this Act Proviso. shall be so construed as to affect or impair the provisions of an Act entitled “An Act prescribing the mode of maintaining and defending possessory actions on public lands in this State," ap

to real estate

Act, how construed.

Proviso.
Same.

proved March ninth, one thousand eight hundred and sixty-five; and, provided further, that nothing in this Act contained shall be so construed as to prevent the cutting and using by actual settlers upon such lands as are herein specified of such wood as may

be necessary for domestic uses, or of such timber as may be necessary for making permanent improvements upon such lands.

CHAP. LVII.-An Act to Incorporate the Town of Gold Hill.

[Approved March 3, 1871.]

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

bly, do enact as follows:

Town in

Wards.

SECTION 1. For the purposes hereinafter mentioned, the in-corporated. habitants of that portion of Storey County embraced within the

limits hereinafter set forth in this section of this Act, shall be a body politic and corporate, by the name and style of “The Town of Gold Hill,” and by that name they and their successors shall

be known in law, have perpetual succession, and sue and be sued Boundaries. in all courts. The boundaries of said incorporate town shall be

as follows: On the north by the southern line of Virginia City, in the county of Storey; on the east by the boundary line between the counties of Storey and Lyon; on the south by the boundary line between the counties of Storey and Lyon, and on the west by the boundary line between the counties of Storey and Washoe.

Sec. 2. The said town corporate is hereby divided into two wards, as follows: All that portion of said town lying north or northerly of the centre of Crown Point street, so far as said street is opened, and also lying north of a line commencing at the centre of the site of the quartz mill known as the “ Bowers Mill, and extending due west to the line of Washoe County, and also lying north of a line commencing at the intersection of the centre of Main street and Crown Point street, and extending due east therefrom to the boundary line of Lyon County, shall constitute the First Ward; and all that portion lying south or southerly of the line heretofore in this section of this Act described, shall constitute the Second Ward.

Sec. 3. The corporate powers of said town shall be vested in a Board of Trustees, to consist of five members, who shall be actual residents of, and owners of real estate in said town, and who shall be chosen three from among the residents of the first ward, and two from among the residents of the second ward. In addition to said Board of Trustees, there shall be a Treasurer elected by the qualified voters of said town.

SEC. 4. The said Trustees and Treasurer shall hold their offices for one year, and until their successors are elected and qualified,

except as hereinafter in this Act provided. Eligible

Sec. 5. No person shall be eligible to the office of Trustee or Treasurer unless he be a qualified elector of the State of Nevada,

Board of
Trustees.

Term of office,

to office.

election,

Statement

nor unless he shall have been an actual resident of said town for six months next preceding the election.

SEC. 6. No person shall be entitled to vote at any election for Voters, said Trustees or Treasurer unless he shall be a qualified elector tion of. of this State, and will have actually resided within the county of Storey for six months, and within the town of Gold Hill for three months next preceding such election; and no person shall be entitled to vote except within the ward in which he resides, and has resided for thirty days next preceding such election.

SEC. 7. The annual elections for Trustees and Treasurer shall Annual be held on the first Monday in May in each year.

Sec. 8. All provisions of law, which now are or hereafter may Laws apbe in force, regulating elections and providing for the registra- plicable to tion of electors, so far as the same may be consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees shall, for two weeks prior to each annual election, publish notice, in a newspaper published in Storey County, to the effect that such election will take place in said town, for the election of three Trustees in the First Ward and two Trustees in the Second Ward, and a Treasurer, naming the day on which such election will be held, and designating the polling places and the names of three Inspectors of Election for each ward. Soon as the votes are counted and tallied in each ward, the inspectors and clerks shall make out a statement show- of votes. ing the number of votes cast in each ward for the office of Trustee, and of Treasurer, and for each person severally, which statement shall be certified under oath or affirmation, by at least two of said inspectors and two clerks, and they shall cause the same, .together with the polling and tally lists, and tickets, duly sealed up in a package, to be delivered to the Board of Trustees, or the clerk thereof, within two days after such election. Within three days after the receipt of the same, the Board of Trustees shall proceed to reëxamine and ascertain from such statement and tally lists, what persons received the greatest number of votes for the office of Trustees and of Treasurer, and a certificate of election shall be forthwith issued by the clerk, under the direction and supervision of the board, to the person or persons having received the greatest number of votes for each of said offices. The clerk shall, without unreasonable delay, deliver said certificates to the person or persons for whom they are intended, and he or his successor shall safely keep the packages of tickets, together with the tally lists, and all other papers relating to such election, for forty days from and after the day of election, when, if no notice of contest in such election shall have been served on him, he may destroy the same. Any qualified elector in said town shall have contest. the right to contest the election of any person declared elected a Trustee or Treasurer, as provided in this section of this Act, and such contest shall be conducted in the manner required by the laws that now are or hereafter may be enacted by the Legislature, for contesting county or precinct elections.

Sec. 9. The Trustees and Treasurer chosen at any election Officers to held under this Act shall take the official oath provided by law, ouer you and enter upon the discharge of their official duties within five duties. days after due notice of their election, and in case any Trustee, or Treasurer shall fail to qualify within said time, his office shall

Certificate.

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