Page images
PDF
EPUB
[ocr errors]

the grandchild or children taking by right of representation; if there be no husband or wife, but a child or children, or grandchild or children, then to such child or children and grandchild or children by right of representation; if there be no child or grandchild, then to a surviving brother or sister, or brothers or sisters, if there be any; if there be none of the kindred hereinbefore named, then the proceeds of such judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons; provided, every such proviso. action shall be brought by and in the name of the personal representative or representatives of such deceased person; and, pro- Proviso. vided further, the jury in every such action may give such damages, pecuniary and exemplary, as they shall deem fair and just, and may take into consideration the pecuniary injury resulting from such death to the kindred as herein named.

CHAP. XXXVII.-An Act to amend an Act entitled "An Act

for the purpose of placing the Finances of Lyon County upon a permanent cash basis, and to provide for the payment of the Outstanding Indebtedness of the said county,approved February fourth, one thousand eight hundred and sixty-nine.

[Approved February 28, 1871.)

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

bly, do enact as follows:

SECTION 1. Section four of said Act is hereby amended so as Proposals to read as follows: Section Four. On the first day of such regular der of faca meeting of such Board of County Commissioners, they, together counts

opened. with the County Auditor and County Treasurer, shall attend at the office of the latter, then and there open all sealed proposals, and accept the lowest bid or bids for the surrender of Lowest bid county accounts allowed and audited, as specified in the pre- cepted. ceding section; provided, that no bid for more than par value Proviso. shall be accepted by them; nor any bid, unless accompanied by the account or accounts allowed and audited against said county, proposed to be surrendered; and, provided further, that when Money resealed proposals are applied, as above prescribed, if there be not maining, a sufficient amount of obligations of said county_offered to ex- posed of. haust the money then in said “Redemption Fund” of said county, the Treasurer of said county shall immediately give notice for ten days, as required for sealed proposals, of the amount of money remaining in said fund, and that the same will be applied to the payment of the then oldest outstanding obligations of said county, specifying them by number, payable out of said fund at par, and shall state in such notice that the obligations specified in the notice, if not presented for payment, shall cease to bear interest from and after the expiration of said notice, and the money so specified for their payment shall be reserved in the said fund for that purpose, until called for under such notice;

Proviso.

provided, it be not called for within two years after such notice; such money shall then be applied to the payment of other obligations of said county, payable out of said “Redemption Fund," if there be any such, and if none, then said money shall be placed in the general fund of said county.

CuAP. XXXVIII.-An Act for the Relief of Peter Goodfellow,

County Treasurer of Lincoln County.

[Approved February 28, 1871.]

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

bly, do enact as follows:

Goodfellow,
allowance
to.

ور

SECTION 1. The Board of County Commissioners of Lincoln County is hereby authorized and directed to allow the sum of one thousand and sixty-eight dollars ($1,068) on the “General Fund” of said county, in favor of Peter Goodfellow, for services as County Treasurer from July first, one thousand eight hundred and sixty-nine, to July first, one thousand eight hundred and seventy.

CHAP. XXXIX.-An Act to define and establish the Boundary

Lines of Elko County, Nevada.

[Approved March 1, 1871.]

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

bly, do enact as follows:

Boundary lines defined.

SECTION 1. The boundary lines of the county of Elko are hereby defined and established as follows, to wit: Commencing at the northwest corner of Utah Territory and running thence south along the western boundary of said Utah Territory to the present southeast corner of Elko County, as established by an Act of the Legislature of the State of Nevada, approved March fifth, eighteen hundred and sixty-nine, thence east (west) along the south boundary of said Elko County to the present southwest corner of Elko County; thence north along the east boundary of Lander County to the forty-first parallel of north latitude; thence west with said parallel to the east boundary of Humboldt County; thence north along the east boundary of Humboldt County to the south boundary of Oregon; thence east along the south boundary lines of Oregon and Idaho Territory to the place of beginning.

Sec. 2. The County Recorder of Lander County is hereby Lauder Co. authorized and empowered, and it shall be his duty, to transcribe transcribe into suitable books, all the records in his custody appertaining or

relating to, or affecting the title to any property situated within

Recorder of

records, etc.

tion.

the portion of territory taken from the county of Lander and annexed to the county of Elko, by virtue of the alteration and reëstablishment of the boundary lines of said Elko County, as described in section one of this Act. Said Recorder shall make suitable index to said records; said transcript and index shall be made as soon as practicable after the passage and approval of this

ct, and when completed shall be delivered to the County Recorder of said Elko County, and shall thereafter be kept in his office, and shall have the same force and effect as other county records.

Sec. 3. The Recorder of Lander County shall be entitled to compensareceive as compensation for the services hereby imposed the same fees as now allowed by law for recording and indexing written instruments in his office. His claim for said compensation shall be allowed by the Commissioners of Elko County, on completion and delivery of said transcript and index, and shall be paid as other claims against said county.

Sec. 4. All charges, expenses or expenditures incurred, or Charges, etc paid by the county of Lander, by reason of any criminal trials or trials to be proceedings had in the District Court of [the] Sixth Judicial Dis- paid to trict, in or about matters or causes arising in that portion of Lander County which is by section one of this Act ceded and annexed as part of the county of Elko, shall be paid by said county of Esko to said county of Lander, upon the presentation to the County Auditor of Elko County a bill or bills specifying the items therein charged, after the same shall first have been allowed by the Board of County Commissioners of Lander County, and certified to by the District Judge of said Lander County, that each and every item in said bill or bills are correct. Then, in that case, the County Auditor of Elko County is hereby authorized and directed to draw his warrant in favor of the county of Lander for the amounts so certified to, as above provided, to be paid out of the general fund of said Elko County.

Lander

n- County

CHAP. XL.–An Act to amend an Act entitled an Act to pro

vide Revenue for the support of the Government of the State of Nevada,approved March ninth, one thousand eight hundred and sixty-five.

[Approved March 1, 1871.]

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

bly, do enact as follows:

authorized

SECTION 1. Section twenty-nine of the Act entitled “An Act District

Attorneys to provide revenue for the support of the Government of the State of Nevada," approved March ninth, one thousand eight to comhundred and sixty-five, is hereby amended so as to read as fol-actions for lows:

Section Twenty-nine. The District or Prosecuting Attorneys of the several counties of this State, are hereby authorized and

deliuquent Taxes.

Proviso.

Proviso.

directed immediately after the time specified in the preceding section, to commence action in the name of the State of Nevada, against the person or persons so delinquent, and against the real estate and improvements assessed so delinquent, and against all owners or claimants to the same, known or unknown; provided, that before commencing any suit for the collection of delinquent taxes, the District Attorney shall submit to the Board of County Commissioners, at a meeting of said Board, to be held for that purpose on the second Monday in December, in each year, the delinquent list showing the several amounts of taxes then delinquent, and from whom due; and said Board of Commissioners shall then, or at such time thereafter as they may deem proper, direct suits to be commenced for the collection of such sums then delinquent, as they may in their judgment deem expedient; and no suit for the collection of delinquent taxes shall be commenced, except by the direction of said Board; and, provided further, that nothing herein contained shall be construed to prohibit the District Attorney from commencing any suit for the collection of delinquent taxes, at any time when so directed by the Board of County Commissioners, and all suits brought by the District Attorney for the collection of delinquent taxes, shall be prima facie to have been brought by the direction of the Board of County Commissioners.

SEC. 2. Section thirty-eight of said Act is amended so as to read as follows:

Section Thirty-eight. There shall be allowed to all officers except District or Prosecuting Attorneys, the same fees as are allowed in other civil cases. All officers shall perform such services as may be required of them under this Act, without the payment

of fees in advance. All costs shall be taxed and entered in the brow Taxed, judgment against the person, and the real estate and improve

ments, when the judgment is the same against all; but if the judgment against the person and the property is for different

sums, then the cost may be apportioned by the court as the same How paid. may be deemed just; provided, that no fees or costs shall be paid

to any officer unless the same be collected from the defendant, except when property sold for taxes, is purchased by the county, in which case the said county shall pay all fees and costs properly charged or taxed against such property; and the Board of Commissioners shall allow the fees and costs provided for in this section, and direct the same to be paid out of the general fund of

the county. Repeal. SEC. 3. All Acts and parts of Acts, in conflict with the pro

visions of this Act, are hereby repealed.

Fees allowed.

Costs,

CHAP. XLI.–An Act supplementary to, and to repeal an Act of

the Legislature of the State of Nevada, entitled "* An Act to Incorporate the town of Hamilton," approved March sixth, one thousand eight hundred and sixty-nine.

[Approved March 1, 1871.]

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

bly, do enact as follows:

powers, how

SECTION 1. For the purpose hereinafter mentioned, the inhabit- Hamilton ants of that portion of White Pine County, embraced within the City incorlimits hereinafter set forth in this section, shall be a body corporate and politic, by the name and style of the “ Inhabitants of Hamilton City,” and by that name, they and their successors, shall be known in law, have perpetual succession, and sue and be sued in all courts. The boundaries of said incorporate city shall Boun laries. be as follows, viz: Commencing at a point two hundred feet north of Hamilton Upper Spring, and running west one mile; thence south one mile; thence east two miles; thence north one mile; thence west one mile to place of beginning.

Sec. 2. The corporate powers of said city, shall be vested in Corporate a Board of Trustees to consist of five members who shall be re- vested. sident householders of said city.

SEC. 3. The officers of said city shall be, five Trustees, a City Oficers. Clerk, who shall be clerk of the Board of Trustees, and ex-officio City Assessor; a City Marshal, who shall be ex-officio City Collector and Chief of Police; a City Treasurer, a City Attorney and such other officers as are hereinafter authorized to be appointed by the Board of Trustees.

SEC.. 4. No person shall be eligible to the office of Trustee, Who Clerk, Marshal, Treasurer or Attorney, who shall not have been eligible an actual resident of said city for six months next preceding his election or appointment.

Sec. 5. The five Trustees shall be elected by the qualified Trustees to electors of said city, and all other officers shall be appointed by etc. the Board of Trustees, and hold their offices until otherwise provided by said Board.

Sec. 6. The general election for said city shall be held on the General first Monday in June in each year. Sec. 7. No person shall be allowed to vote for Trustees who Qualifica

tion to vote. shall not be a qualified voter of the State of Nevada, and shall not have actually resided in said city for thirty days next preceding the day of election.

Sec. 8. All the provisions of law now in force, and all laws Laws which

may be hereafter enacted, regulating elections in the State applicable of Nevada, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees, for each election, at least three days Judges and prior to the same, shall appoint three judges of election, who shall clerks of appoint two clerks, and shall designate the place for holding the polls. Within two days after each election, The judges and clerks of the same, shall make out, sign and deliver, to the five persons receiving the highest number of votes for the office of Trustee,

,

.

« PreviousContinue »