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Duty of

Treasurer.

Proposals

Proviso.

expressly prohibited from paying out any portion of said thirty (30) per centum of said revenues, from said treasury, until the said order of transference to be made by said Board of County Commissioners, as herein before provided for, is duly certified to such Treasurer; and they shall cause thirty (30) per centum of all county revenues paid into the treasury of said county, at any time after the first day of April, A. D. one thousand eight hundred and

seventy-one, to be placed in said redemption fund, as soon as paid Disbursed. into said treasury. The moneys 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 one thousand dollars, or more, it shall be the duty of the County Treasurer of said county to give fifteen days notice, by publication in some newspaper published at the county seat of said county, that sealed proposals directed to him will be received for the surrender of county warrants, issued prior

to April first, A. D., one thousand eight hundred and seventy-one, Sealed pro- or under the provisions of this Act; and that said proposals will posals for be received by him until the next regular meeting of the Board of warrants. of County Commissioners of said county thereafter.

Sec. 4. On the first day of such regular meeting of said Board opened. of County Commissioners, they, together with the County Audi

tor and Treasurer, shall attend at the office of the latter, and then and there open all sealed proposals, and accept the lowest bids for the surrender of county warrants 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. Accepted Sec. 5. When any bids are accepted, the County Auditor and

Treasurer shall each take a description of the warrants to be redeemed; specifying the amount to be paid for each warrant; the date, number and amount thereof, and make a record thereof in their respective offices. And thereupon, the Board of County Commissioners shall, by order, direct the County Treasurer to

purchase the warrants designated in the accepted bid or bids, Warrants to and pay for the same out of the redemption fund aforesaid; be canceled. and all warrants so redeemed shall be canceled by the County

Treasurer, by writing 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 County 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 Lowest bid. deemed the lowest bid which offers the largest amount of war

rants for the least sum of money. The bids and amounts of warrants being equal, taking into consideration both principal

and interest, each shall be accepted pro rata as nearly as possible. Warrants, The County Treasurer shall return all unaccepted bids, together returned. with the warrants therein contained, to the owners on demand, Separate 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 to whom paid. He shall also, on the register of county warrants

bids.

Vouchers.

etc., to be

account.

drawn and

be retired.

Interest.

kept by him, write opposite each warrant redeemed under the provisions of this Act, the word “purchased," and state the amount paid therefor.

SEC. 6. When any claim against said county, which accrued Warrants prior to the first day of April, A. D. one thousand eight hundred

purchasable and seventy-one, is allowed by the Board of County Commis- out of

Redemption sioners of said county, after the first day of April, A. D. one thou- Fund. sand eight hundred and seventy-one, the same shall be allowed as purchasable out of the redemption fund of said county; and all warrants drawn for the payment of the same, shall be drawn upon and purchasable out of said redemption fund, in the same manner provided by this Act for the purchase of other county warrants, with moneys of said county in said redemption fund.

SEC. 7. From and after the first day of April, A. D. one thou- Demands sand eight hundred and seventy-one, all persons holding demands allowed to against the said county, which have been allowed by the County Commissioners and County Auditor, as also all which may be allowed after April first, A. D. one thousand eight hundred and seventy-one, that may have accrued prior to such date, shall present the same to the County Auditor of said county, who shall issue therefor county warrants for the amount of such demands, and take up and retain all evidence of indebtedness held by such persons for such demands; and such warrants so drawn shail bear interest from the date of the same, at the rate of ten per centum per annum until paid, and shall be subject to the provisions of this Act.

Sec. 8. . The provisions of this Act shall in no manner interfere with the levy, collection, appropriation and payment of a not to interspecial tax for the purpose of paying the principal and interest fere with of the bonds issued by said county for building purposes,

under and by virtue of an Act entitled “An Act to authorize the County Commissioners of the several counties of this State to build, or purchase, buildings suitable for county purposes," approved March tenth, A. D. one thousand eight hundred and sixty-five. SEC. 9. Whenever at the end of any fiscal year there shall

Surplus to remain in any of the other funds of the county, except the be trans. school fund, a surplus, it shall be the duty of the County Treasurer to transfer such surplus to the redemption fund, herein provided, and it shall be the duty of said Treasurer to advertise such surplus, and purchase outstanding warrants with it, in the same manner as specified in this Act. Sec. 10. All Acts and parts of Acts heretofore passed, as far

Repeal. as they conflict with the provisions of this Act, are hereby repealed.

Sec. 11. This Act shall take effect, and be in force, from and after the first day of April, A. D. one thousand eight hundred and effect. seventy-one.

Provisions

special tax.

ferred,

Act to take

CHAP. XXVIII.-An Act to grant the right of way to Hill

Beachey, 0. R. Johnson, B. A. Townsend, and their associates, to build and maintain a narrow gauge railroad from Reno, Washoe County, to Virginia City, Storey County.

[Approved February 27, 1871.)

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

bly, do enact as follows: Right of way SECTION 1. The right of way is hereby granted and given to granted.

Hill Beachey, O. R. Johnson, B. A. Townsend, and their associates, to locate, build and maintain a narrow gauge railroad from Reno, in Washoe County, to Virginia City, Storey County, in this State, subject to the provisions of an Act entitled “An Act to provide for the Incorporation of Railroad Companies, and the management of the affairs thereof, and other matters relating thereto,” approved March twenty-second, one thousand eight hundred and sixty-five.

SEC. 2. The survey and location of said road shall be completed in six months after the passage of this Act; and the entire road shall be completed, fully equipped, and in running order, within eighteen months after the completion of the locating survey, under penalty of a forfeiture of all the rights, privileges and franchises hereby granted.

Sec. 3. Neither Chinese nor Mongolians shall be employed as Mongolian laborers in the construction or maintaining of said road, and the prohibited. employment of such Chinese, or Mongolian labor, shall work the

forfeiture of all the rights and privileges accruing under the provisions of this Act.

Survey and location.

Chinese or

CHAP. XXIX.--An Act in relation to the payment of School

Moneys by County Treasurers.

[Approved February 27, 1871.] The People of the State of Nevada, represented in Senate and Assem

bly, do enact as follows:

School noneys, how paid.

SECTION 1. When any money shall be due and payable, by any school district in this State, for compensation of teachers, or for any other object or purpose, the trustees of such school district shall certify officially to the nature, amount and correctness of such claim, enter a record of such action on the minutes of their proceedings, and deliver such certified claim to the owner thereof, who shall present the same to the County Auditor of the county in which such school district is. Said County Auditor shall audit such claim, on being satisfied of its correctness, and if there be then money in the treasury of said county, which may lawfully be applied to the payment of such claim, the Auditor shall give

may require

his warrant on the County Treasurer for the amount thereof, stating the nature of the claim in such manner as to inform the Treasurer out of what fund the same shall be paid. If there be not funds then in the county treasury to pay such claim, the Auditor, upon auditing the same, shall give his certificate to the claimant that he has audited the same, and as soon thereafter as money shall be in the treasury to pay the same, he shall, on surrender of such certificate, issue a warrant on the Treasurer for the amount of such claim.

Sec. 2. When any certified claim shall be presented to the Auditor County Auditor of the proper county, as provided in section one

proof of of this Act, for his official action, such Auditor shall, if not fully claim. satisfied of its correctness, require proof thereof, in addition to the certificate of the school trustees, and shall notify the County Notice. Superintendent thereof, as well as the claimant, and of the time when such proof will be received and considered, which shall be without unnecessary delay or haste; and at the time fixed the claimant shall submit his proofs, and the County Superintendent Proofs. may rebut the same, and otherwise promote the administration of justice in the matter. And in all cases of failure to prove a claim May reject. to his satisfaction, under this Act, the Auditor shall reject the whole, or any part thereof which he may deem unjust; and such claimant claimant may thereupon sue therefor in any court of competent may sue. jurisdiction; and, if he recover judgment, the claim, so far as adjudged correct and payable, shåll then be audited by the Auditor of the proper county. Any suit instituted by any claimant, under the foregoing provisions of this Act, shall be defended by the District Attorney of the county in which it shall be brought; and if the claimant recover judgment for costs, they shall be paid by the county, on allowance by the Board of County Commissioners, out of the General Fund of such county.

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

CHAP. XXX.--An Act to provide for the transfer of Certain

Moneys from the Indigent Sick and Contingent Funds of
Churchill County to the General Fund of said county.

[Approved February 27, 1871.]

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

bly, do enact as follows:

authorized to transfer

SECTION 1. The Treasurer of Churchill County is hereby au- Treasurer thorized and required to transfer such sums of money as the Board of County Commissioners of said county may direct, from money. the Indigent Sick and Contingent Funds to the General Fund of said county.

CHAP. XXXI.-An Act fixing the time for holding the Terms of

the District Court of the Fourth Judicial District.

[Approved February 27, 1871.]

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

bly, do enact as follows:

Terms of
Court.

SECTION 1. The regular terms of the District Court of the Fourth Judicial District shall commence on the second Monday of April, the second Monday of August and the first Monday of December in each

yeaв.

Said court shall not convene until the second Monday in April, one thousand eight hundred and seventy-one.

CHAP. XXXII.-An Act relative to the Salary of the Judge of the

Fourth Judicial District.

[Approved February 27, 1871.]

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

bly, do enact as follows:

Salary of
Judge.

Proviso.

SECTION 1. The salary of the Judge of the Fourth Judicial District shall be four thousand dollars in coin per annum, on and after the expiration of the term for which the present incumbent was elected; provided, in case a vacancy shall occur in the office of District Judge of said district, during the term of the present incumbent, then the salary of the Judge of said judicial district shall be four thousand dollars per annum, in coin, from the date of the appointment or election to fill such vacancy.

CHAP. XXXIII.-An Act authorizing a State Loan, and levying

a tax to provide means for the payment thereof.

[Approved February 27, 1871. ]

Preamble.

WHEREAS, The amount of the territorial indebtedness of the late Territory of Nevada, assumed by this State, together with the interest thereon, paid by this State, exceeds the sum of three hundred and eighty thousand dollars, for which sum the bonds of this State may be issued, as authorized by section seven of article seventeen of the Constitution, without being deemed or held subject to the limitations contained in section three of article nine of the Constitution; therefore-

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