purport. for which warrants have, or may be issued before the first day of March, A. D. one thousand eight hundred and seventy-one. Said bonds shall be of the denomination of one hundred, three hun- Denominadred, and five hundred dollars each, and each and every bond tion and purport in substance that the county of Elko, State of Nevada, owes the holder thereof a sum to be expressed therein, bearing interest at the rate of ten per cent. per annum from the first day of March, A. D. one thousand eight hundred and seventy-one, the interest to be paid upon presentation at the office of the County Treasurer on the first day of January, A. D. one thousand eight hundred and seventy-two, and on the first day of January annually thereafter, until said bonds are paid and liquidated. Said when due bonds shall be due and payable in gold coin at the office of the County Treasurer of said county of Elko, on or before the first day of January, one thousand eight hundred and eighty-one. Said bonds shall be signed by the Chairman of the Board of How signed, County Commissioners of said county, and countersigned by the County Auditor, and indorsed by the County Treasurer, and shall have the seal of the county annexed thereto. and payable. etc. commis SEC. 3. It shall be the duty of said Funding Commissioners Duty of to keep an account of the number, denomination and amount of sioners. all bonds signed by them in accordance with the provisions of this Act; and it shall be the duty of said Commissioners to examine all warrants presented for funding, and ascertain if they are the true and correct ones issued according to the County Treasurer's and Auditor's books; corresponding to the entries therein; and no others than those found to be true and lawful ones against the county of Elko, shall be funded. keep a sepa SEC. 4. It shall be the duty of the Auditor and Treasurer Auditor and each to keep a separate record of all such bonds as may be issued Treasurer to in accordance with this Act; showing the number, date and rate account amount, and to whom issued, together with the coupons that may be issued. SEC. 5. Coupons for the interest shall be annexed to each Coupons. bond; said coupons shall be numbered and shall express the amount of interest due at the respective periods herein named, and shall be signed by the Chairman of the Board of County Commissioners and County Treasurer. When any interest shall be paid upon a bond issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, whose duty it shall be to file the same in his office. etc., may be Proviso. SEC. 6. All persons having any warrants of the county of Warrants, Elko, payable on or before the first day of March, one thousand funded. eight hundred and seventy-one, whether in warrants drawn upon the Treasurer, or accounts audited and allowed by the Board of County Commissioners, before the first day of March, one thousand eight hundred and seventy-one, shall be entitled to fund the same by virtue of this Act; provided, that for any fractional sum less than the amount of the bonds authorized to be issued by this Act, said Commissioners shall issue to the holder of the county warrant, or such other evidences of indebtedness as may have been audited or allowed by the Board of County Commissioners, a certificate of such fractional sum, and upon presentation of the Fractional sums. Warrants redeemed to be canceled, etc. Tax to be collected. Fund applied. Proviso. same to the County Auditor, he shall draw a warrant upon the County Treasurer for the amount so certified; and said warrant thus drawn must be presented to the Treasurer of said county within eight months after the first day of March, one thousand eight hundred and seventy-one. And said warrants shall be payable in coin, in their regular order of payment, according to the number and date thereof. SEC. 7. Whenever any bonds shall have been paid and redeemed by the County Treasurer, he shall mark the same canceled, over his signature as Treasurer, and immediately deliver the same to the County Auditor, taking his receipt therefor, and the County Auditor, upon receipt of such canceled bonds, shall file the same in his office. SEC. 8. In addition to the ordinary taxes for county purposes, levied and there shall be for the year one thousand eight hundred and seventy-one, and annually thereafter, until the principal and interest of said bonds to be issued shall be fully provided for, as hereinafter provided, to be levied and collected at the same time and in the same manner as other revenues of said county, a Interest tax. special tax, to be called the Interest Tax, of forty-five cents on each one hundred dollars of taxable property of said county, which tax shall be collected in United States gold and silver coin, and be paid over to the County Treasurer. The fund derived from this tax shall be applied only to the payment of the interest accruing upon said bonds, as herein provided; provided, that should said funds furnish a surplus over and above what may be required for the payment of said interest, such surplus shall be turned over and paid into the Sinking Fund, herein provided for. SEC. 9. It shall be the duty of the County Treasurer of Elko for payment County, to make such arrangements for the payment of the interof interest. est of said bonds when the same falls due, at least thirty days before the time of payment, and in the event said Interest Fund is insufficient, the said Treasurer shall draw on the General Fund of the county for such purpose, and in the event that said fund should prove inadequate, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and for the protection of the credit of the county of Elko. Treasurer to arrange Sinking set apart. SEC. 10. It shall be the duty of the Treasurer of said county fund to be to set apart a fund to be called the "Sinking Fund of the County of Elko." Into said fund shall be paid, first, any and all surplus of the Interest Fund as aforesaid; each of said payments shall be continued until the said Sinking Fund shall be sufficient for the payment of the principal and interest of the bonds, and when the same shall have been paid and liquidated, the same shall cease, and all surplus remaining in the Sinking Fund shall be paid into the General Fund of said county. Sealed proposals. SEC. 11. Whenever at any time there shall be in the Sinking redemption Fund a sum of money amounting to one thousand dollars, or upof bonds. ward, the County Treasurer shall advertise in a public newspaper, published in said county, for the space of thirty days, for sealed proposals for the redemption of said bonds; but in case there be no newspaper published in said county, then, in that case, said advertisement shall be published in some newspaper having the largest circulation in said county, to be designated by the County Auditor; the advertisement to specify the day, hour and place the sealed proposals will be opened. proposals ment when interest on SEC. 12. At the time specified the Treasurer shall open the Sealed sealed proposals, at his office, in the presence of the chairman of opened. the Board of County Commissioners and Auditor, and such other persons as may wish to be present: and shall pay and liquidate such bonds presented, at the lowest value at which they may be proposed to be liquidated; provided, the same shall not be for Proviso. more than their par value; and, provided, that if there be no Advertisesealed proposals made, or offered, for the surrender and payment no propoof said bonds, then in that case it shall be the duty of the County sals made. Treasurer to advertise in the manner as before mentioned, for a period of not less than twenty, or more than thirty days, for the surrender and payment of so many of said bonds as the amount of money in said Sinking Fund will pay in their regular order of payment, commencing with number one, two and three, and so continue the payment in that order according to their number and date; and in the event that the holder or holders of the When bond, or bonds, first in order of payment shall fail to present bonds to his or their bond or bonds for payment, at the office of the cease. County Treasurer, in the town of Elko, at the time indicated in the beforementioned advertisement, then in that case, the said bond or bonds shall cease to draw interest from such date named in the advertisement for the payment of the same. And in like Same. manner the County Treasurer shall continue to advertise the next bond or bonds in order of payment, according to their number and date, and if the holder or holders thereof fail to surrender for payment, as provided, the interest upon said bonds shall cease, as before mentioned. The County Treasurer shall continue to advertise from time to time, as provided, until the whole amount of bonds has been advertised, or the amount of money in the Sinking Fund shall have been paid out in their redemption, as heretofore provided; and, provided, that should there be no proposals made for less than par value, then the payment shall be when paid made pro rata on all of said bonds; provided further, that said pro rata. bonds upon which interest shall have ceased in consequence of Preference. the holder or holders thereof having failed to present the same for payment, as above provided in this Act, then, and in that case, said bonds shall have preference over the interest-bearing bonds in order of payment, and shall be paid in their regular order of date and number, but under the same rules, regulations and restrictions as provided in this Act for interest-bearing bonds. account of SEC. 13. A full and particular account and record of the sink- Treasurer ing fund shall be kept by said Treasurer, and shall at all times be to keep open for the inspection of the Auditor, Board of Commissioners fund, etc. and Grand Jury, and upon demand of the Grand Jury, of said county, the Treasurer shall cause a concise statement to be made of the condition and business of said fund, and the amount of bonds issued, and to whom issued. SEC. 14. The County Treasurer shall pay out of any money in Payment of the treasury, not otherwise appropriated, any and all expenses expenses. that may be incurred in having said bonds prepared, not to exceed the sum of four hundred dollars. SEC. 15. The Funding Commissioners shall receive such com-sation of pensation for their services as the Board of County Commission-commis Compen sioners. Funding. County sioners contracting ers may allow, to be paid out of the county treasury as other charges against the county are paid. SEC. 16. On the first day of March, one thousand eight hundred and seventy-one, the County Treasurer of Elko County, shall advertise in some newspaper as heretofore provided, for the period of thirty days, that from and after that day the funding of the then outstanding warrants of Elko County will commence; from which time it shall not be lawful for the Treasurer of said county to pay or liquidate any of the outstanding warrants of said county any other way than by funding it in accordance with the provisions of this Act, nor shall said Treasurer under any pretence whatever, liquidate, pay or cause to be paid any portion thereof, only in accordance with the provisions of this Act. The expense for publishing as provided in this Act, shall be paid out of the general fund of the county. in SEC. 17. On and after the first day of March, one thousand eight hundred and seventy-one, the Board of County Commisrestricted in sioners of said county, shall contract no debt, and incur no liadebts. bilities, that shall singly or in the aggregate, with any other previous debt or liabilities contracted or incurred, after the said first day of March, exceed the sum of nine thousand dollars more than the amount of money in the county treasury subject to the payment of the same. Officers not with Act. Penalty. SEC. 18. Any county officers or officers of the county of Elko, complying who shall willfully neglect or refuse to comply with the requisitions or provisions of this Act shall be deemed guilty of misdemeanor, or in office, and be fined in any sum not less than two hundred, nor more than one thousand dollars, to be recoverable before any court of competent jurisdiction, or dismissal from office, or both such fine and dismissal, in the discretion of the court; and it is hereby made the duty of the District Judge of Elko County to give the substance of this section in charge to the Grand Jury at each session, making it their duty to inquire and investigate as to any infraction or violation of this Act, by any of the officers herein named, whose duty it is to carry into practical effect the provisions of this Act; and it is hereby made the duty of the District Attorney to prosecute all delinquents under this Act. Power of Fines, etc. SEC. 19. The District Court of Elko County shall have power to enforce obedience to the provisions of this Act, and for that purpose shall have full power to issue process of mandamus, prohibition and all other writs that may be required, that are authorized by law. SEC. 20. All fines and penalties collected under the provisions of this Act, shall be paid into the school fund. CHAP. XXVI.-An Act to temporarily fix the County Seat of [Approved February 24, 1871. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: temporarily SECTION 1. The county seat of Lincoln County is hereby tem- County seat porarily located at the town of Pioche, for a period not to exceed located. three months from the passage of this Act. be removed. SEC. 2. It shall be the duty of all officers of said county, who officers to are required by law to keep their offices at the county seat, to remove the same to said town of Pioche, within ten days after the passage of this Act. Commis removal. SEC. 3. The County Commissioners of said county shall pro- Courty vide for the removal of the archives of said county of Lincoln to sioners to said town of Pioche, within ten days from the passage of this provide for Act; but no money shall be expended in the erection or purchase of county buildings, until the county seat of said county of Lincoln be permanently fixed by a vote of the people. It shall be May rent lawful for the County Commissioners of Lincoln County to rent, for the use of the various public officers at Pioche, such offices as may be required by law. SEC. 4. This Act shall be in force from and after its passage. offices. CHAP. XXVII.-An Act to provide for the payment of the Indebtedness of White Pine County. [Approved February 27, 1871. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: prohibited SECTION 1. From and after the first day of April, A. D. one Treasurer thousand eight hundred and seventy-one, it shall not be lawful from paying for the Treasurer of the county of White Pine, to pay any war- warrants. rant drawn on the treasury of said county, prior to the first day of April, A. D. one thousand eight hundred and seventy-one, except in the manner hereinafter provided. fund be trans SEC. 2. The Board of County Commissioners of said county, Redemption are hereby authorized and directed, from and after the first day created. of April, A. D. one thousand eight hundred and seventy-one, 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 first day Revenue to of April, A. D. one thousand eight hundred and seventy-one, as is ferred. practicable, they shall cause to be transferred into said redemption fund, thirty (30) per centum of all county revenues, in the county treasury of said county, at the time of the taking effect of this Act; and the County Treasurer of said county, is hereby |