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of Jarbidge Township, 1911, 58; authorizing county commissioners to acquire Jarbidge toll-road, 1911, 121; fixing fees and mileage of witnesses in criminal cases, 1911, 361.

Concurrent Resolution to organize Esmeralda County.

Stats. 1862, 193

1460. Governor to organize and appoint officers.

Resolved, by the Council, the House of Representatives concurring, That the governor of the territory be and he is hereby requested to organize the county of Esmeralda, as soon as practicable, by the appointment of county officers pursuant to statute.

See secs. 1441, 1451, 1452.

An Act to remove the county-seat of Esmeralda County from the town of Hawthorne to the town of Goldfield.

Approved February 4, 1907, 20

1461. County-seat located at Goldfield.

SECTION 1. From and after the first day of May, in the year of our Lord one thousand nine hundred and seven, the county-seat of Esmeralda County shall be located at the town of Goldfield, in said county.

Balance of act, not relating to county-seat, omitted.

In addition to the above, special acts in relation to this county have been enacted as follows:

Defining salary of prosecuting attorney, 1864, 160; to increase salary of probate judge, 1864, 140; to repeal an act "An act to authorize the incorporation of the town of Aurora," 1866, 71; amended, 1869, 59; to provide for payment of indebtedness, 1867, 76 (construed. Youngs v. Hall, 9 Nev. 212); to provide for payment of indebtedness, 1869, 58 (construed, Youngs v. Hall, 9 Nev. 212); to create a current expense fund, 1877, 98; to authorize the issuance of certain bonds, 1877, 198; amended, 1879, 20; to fund indebtedness, 1883, 69; to remove county-seat from Aurora to Hawthorne, 1883, 95; to authorize issuance of bonds for erection of county building, 1883, 104 (cited, State ex rel. Cardwell v. Glenn, 18 Nev. 37, 1 P. 186); to authorize trustees of district No. 13 to issue bonds for school purposes, 1889, 56; to consolidate certain county offices, 1891, 96; amended, 1893, 120; 1895, 57 (construed, Bradley v. Esmeralda County, 32 Nev. 159, 104 P. 1058; to fund bonded indebtedness, 1893, 55; to authorize issuance of bonds for payment of bonded indebtedness, 1895, 31 (eited. State ex rel. Holley v. Boerlin, 30 Nev. 479, 98 P. 402); regulating compensation of a county officer, 1903, 77; to authorize issuance of school bonds, 1905, 56; regulating compensation of county officers, 1905, 210 (construed, Bradley v. Esmeralda County, 32 Nev. 159. 104 P. 1058, cited, Tilden v. Esmeralda County, 32 Nev. 319, 107 P. 881); authorizing issuance of bonds for erecting and furnishing county buildings, 1907, 57 (cited, State ex rel. Holley v. Boerlin, 30 Nev. 473, 98 P. 402); authorizing issuance of bonds for erecting and furnishing county buildings, 1907, 57; to fix salary of the justice of Rawhide Township 1909, 18; to fix salary of constable of Rawhide Township, 1909, 19; to fix salary of constable of Goldfield Township, 1909, 130; pertaining to compensation of county officers, regulating appointments, number and compensation of deputies and attaches, 1909, 269; pertaining to compensation of officers, 1909, 291; fixing fees and mileage of witnesses in criminal cases, 1911, 361.

An Act to create the county of Eureka and provide for its organization.

1462. Boundaries.

Approved March 1, 1873, 107

SECTION 1. The county of Eureka is hereby created. with the following boundaries, to wit: All that portion of the State of Nevada bounded and described as follows, viz: Beginning at a point on the north boundary line of Lander County, equidistant between the northeast and northwest corners of said Lander County; thence running due south from said initial point to the south boundary line of said Lander County; thence running east along said south boundary line of Lander County to the southeast corner of said Lander County; thence running north along the east boundary line of said Lander County to the northwest corner of White Pine County; thence run

ning west along the south boundary line of Elko County to the southwest corner of said Elko County; thence running along the west boundary line of Elko County to the northeast corner of said Lander County; thence running west along the north boundary line of said Lander County to the place of beginning. The county of Eureka shall employ and pay some competent surveyor to establish the boundary line between the said counties of Lander and Eureka.

See secs. 1464, 1465.

1463. County-seat located.

SEC. 2. The county-seat of said county is hereby located at the town of Eureka, a court house, jail, and other necessary county buildings, shall be provided by the county commissioners of said county.

Cited, State ex rel. Hetzel v. Eureka Co., 8 Nev. 309, 310, 359, 361. Eureka County was created with reference to the fixity of the northwest corner of Lander County as then established. The intention of the legislature must be ascer

tained from facts existing at the time it created Eureka County, and not from those which arose afterwards. Eureka Co. v. Lander Co., 21 Nev. 144, 148 (24 P. 871).

An Act to detach a portion of the territory of Elko County from said county, and to attach the same to Eureka County.

1464. Territory detached.

Approved February 7, 1877, 64

SECTION 1. The following-described territory, now a portion of Elko County, Nevada, is hereby detached from said Elko County, and is hereby attached to and made a part of Eureka County, Nevada, to wit: All that territory embraced within the following boundaries: Commencing at a point where the Central Pacific Railroad crosses the east boundary line of Eureka County, and running thence southerly to a point where the one hundred and sixteenth (116) meridian crosses the east and west line between Eureka and Elko Counties; thence westerly along said east and west line to the southwest corner of Elko County; thence northerly along the present dividing line between Eureka and Elko Counties, to the place of beginning; the same embracing and transferring from Elko County to Eureka County all that portion of territory commonly known as the "Mineral Hill Strip," and the line surveyed by the county surveyor of Eureka County during the year A. D. eighteen hundred and seventy-five, commencing at a point where the Central Pacific Railroad crosses the east boundary line of Eureka County, and running thence southerly to a point where the one hundred and sixteenth (116) meridian crosses the east and west line between Eureka and Elko Counties, is hereby fixed and established as the boundary line between said counties. In consideration of this cession of territory by Elko County to Eureka County, the latter shall, within one year from the date of the passage and approval of this act, pay to the former the sum of twelve hundred dollars, gold coin of the United States.

Remainder of act, not relating to boundaries, omitted.

This act supersedes act of 1875, 66, which was declared unconstitutional in State ex rel. Chase v. Rogers, 10 Nev. 250.

An Act to detach a portion of the territory of White Pine County from said county and attach the same to Eureka County.

1465. Territory detached.

Approved March 2, 1881, 104

SECTION 1. The following-described territory, now a portion of White Pine County, Nevada, is hereby detached from said White Pine County and is hereby attached to and made a part of Eureka County, Nevada, to wit: All that territory lying west of the following boundaries, to wit: Commenc

ing at a point on the summit of the Diamond range of mountains, where the present east boundary line of Eureka County and the west boundary line of White Pine County cross said summit, thence following the summit of said Diamond range of mountains to the south line of Elko County the same transferring from White Pine County to Eureka County all that portion of White Pine County west of the above-described summit of the Diamond range of mountains.

Remainder of act, not relating to boundaries, omitted.

In addition to above, special acts in regard to this county have been passed as follows: To provide for support and maintenance of public schools, 1873, 113; to provide for payment of current expenses, 1873, 115; to authorize issuance of certain bonds, 1875, 96; to create a current expense fund, 1875, 100; to authorize the issuance of certain bonds, 1877, 47; to authorize the construction of a court house, 1879, 45 (construed, Sadler v. Eureka Co., 15 Nev. 39); to fix the salary of the district attorney, 1879, 89; to authorize trustees of Eureka school district to issue bonds, 1879, 97; to fix the salaries of county commissioners, 1881, 90; fixing salaries of certain county officers, 1885, 126; relating to fees of sheriff, 1887, 110; fixing salaries and defining duties of certain county officers, 1889, 80 (construed, State ex rel. Dunkle v. Beard, 21 Nev. 218, 29 P. 531); amended, 1891, 36; 1891, 78; 1893, 80 (this amendment declared void in Singleton v. Eureka Co., 22 Nev. 91, 30 P. 833); to authorize the levying of a tax for benefit of Eureka road district, 1891, 16; fixing salaries of certain county offices and consolidating certain offices, 1893, 65; amended, 1895, 61; fixing salary of treasurer, 1895, 13; authorizing issuance of warrants for all persons who have complied with section 1 of an act in regard to forest trees, 1895, 22; to levy a tax to pay off indebtedness of a fire department fund of the town of Eureka, 1895, 63; to consolidate certain offices and fix their compensation, 1895, 67; requiring county assessor to pay his own deputy, 1897, 46; fixing salaries of certain county officers, 1897, 47; fixing salary of justices of the peace, 1901, 78; fixing salaries of certain offices, 1907, 430; fixing salaries and compensation of officers, 1909, 44; authorizing county commissioners to regulate compensation of justices of the peace and constables, 1911, 128; fixing fees and mileage of witnesses in criminal cases, 1911, 361.

An Act to remove the county-seat of Humboldt County.

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SECTION 1. From and after the first day of May, one thousand eight hundred and seventy-three, the county-seat of Humboldt County shall be located at the town of Winnemucca, in said county.

Balance of act, not relating to location of county-seat, omitted.

The word "week" in this section does not mean the week ending at 10 o'clock on Saturday night, but the seven days prior to

May 1, 1873. Evans v. Job, 8 Nev. 322, 323. 332, 333, 341, 342, 344.

An Act to define and establish the boundary line between Humboldt
and Lander Counties.

Approved March 7, 1873, 189

1467. Description of established line.

SECTION 1. The boundary line between Humboldt and Lander Counties is hereby defined and established as follows, to wit: Beginning at the northwest corner of Lander County and running due south on the present line between Humboldt and Lander Counties, to a point due west of Battle Mountain station; thence, due west twelve miles; thence, in a direct line to the present northeast corner of Churchill County.

See Eureka Co. v. Lander Co., 21 Nev. 149, under Eureka County.

In addition to above, special acts in regard to this county have been passed as follows: For submitting question of removal of county seat to a vote, 1862, 3; providing for the appointment of a district attorney, 1862, 12; to incorporate the city of Star, 1864, 115; to provide for the payment of outstanding indebtedness, 1869, 91; amended, 1885, 18; 1889, 62: to provide for the payment of certain indebtedness, 1871, 60; to authorize the issuance of certain bonds, 1875, 120; to reimburse sheriff, 1881, 139; to authorize trustees of school district No. 7 to issue bonds for school purposes, 1889, 19; fixing salaries and compensation and consolidating certain offices, 1891, 30; amended, 1899, 41; 1903, 213; 1905, 219; 1907,

214; 1911, 118, 131 (construed, State ex rel. Dunn v. Humboldt Co., 21 Nev. 435, 29 P. 974); authorizing the issuance of certain bonds, 1893, 54; amended, 1895, 57; authorizing school trustees of district No. 3 to issue bonds for school purposes, 1895, 24; authorizing and defining mileage of county commissioners, 1901, 96; authorizing imprisonment of certain prisoners in branch county jail at Lovelock, 1903, 98 (held void in Wolf v. Humboldt Co., 32 Nev. 174, 105 P. 286); authorizing issuance of bonds on the property of Lovelock for protection against fire. 1905, 51; authorizing issuance of bonds for purchase of land and erection of suitable buildings for care of the indigent, 1905, 258; amended, 1907, 21; to create the office of road supervisor, 1907, 139; fixing fees and compensation of witnesses in criminal cases, 1907, 213; repealed, 1911, 361, which is a new act relative to same subject; authorizing issuance of bonds for erection and equipment of a new jail, 1907, 292; empowering appointment of janitor of court house and county jail, 1907, 346; fixing and regulating salary of district attorney, 1909, 7; regulating and fixing compensation of justices and constables in certain townships, 1909, 144; authorizing payment from county general fund of certain salaries and expenses in the county high schools, 1909, 159; fixing compensation of certain county officers, 1909, 160; amended, 1911, 130; authorizing issuance of bonds on the property of Lovelock for the establishment of a sewerage system, 1909, 169; authorizing county commissioners to regulate compensation of justices and constables in certain townships, 1911, 19; authorizing issuance of bonds for purchase of site and construction of a high school building at Winnemucca, 1911, 118; authorizing school trustees of district No. 7 to issue bonds for building additional school rooms, 1911, 141; fixing fees and mileage of witnesses in criminal cases, 1911, 361.

An Act concerning the boundaries of the counties of Nye and Lander.

Approved March 1, 1866, 183

1468. Boundaries may be added to.

SECTION 1. Whenever by consent of Congress, additional territory shall be added to the State of Nevada, on its eastern or southern border, or both, then, until further provided by law, all such added territory, lying east of Lander County, shall be a part of said Lander County. And all such part of added territory, lying south or east, or both, of Nye County, shall be a part of said Nye County; provided, that if any new county or counties shall be created, or organized, in the eastern or southern part of this state, then any part of such new additional territory lying directly east or south of such new county or counties, shall belong, respectively, to such new county or counties.

1469. Boundaries.

An Act to create the county of Lander.

Approved December 19, 1862, 53

SECTION 1. The county of Lander is hereby created, to include all that portion of the territory within the boundaries described as follows: Beginning at the point of intersection of the fortieth meridian of longitude west from Washington with the forty-second degree of north latitude, or northern boundary line of Nevada Territory; thence running south on the line of said fortieth meridian of longitude, through the counties of Humboldt and Churchill, to the thirty-ninth degree of north latitude, or northern boundary line of Esmeralda County; thence east, along the said northern boundary line of Esmeralda County, to the eastern boundary line of the territory; thence north, following the eastern boundary line of the territory, to the northern boundary line of the territory aforesaid; thence west, along said northern boundary line to the place of beginning.

Balance of act, not relating to boundary, omitted.

See sec. 1470.

See Eureka Co. v. Lander Co., 21 Nev. 128 (24 P. 171), under Eureka County.

An Act enlarging the boundaries of Lander County and definitely
defining the same.

Approved February 20, 1864, 147

1470. Boundaries of Lander County.

SECTION 1. All that portion of the Territory of Nevada within the limits

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hereinafter described, is hereby included within the limits of Lander County; commencing at the intersection of the thirty-ninth degree, with a lin drawn due north and south from the Mount Airy Station; thence north to the fortieth degree of latitude of northern boundary of Churchill County; thence east along said fortieth degree of latitude west from Washington, to the fortieth degree of meridian of longitude; thence north on said fortieth degree of longitude to the northern boundary of Nevada Territory; thence east along said boundary line to the one hundred and fifteenth degree of longitude west from Greenwich, or the eastern boundary of Nevada Territory; thence south along said eastern boundary to the thirty-ninth degree of north latitude; thence west along said thirty-ninth degree north latitude to the place of beginning.

Balance of act, not relating to boundaries, omitted.

For boundary line between Lander and Churchill, see sec. 1455; Lander and Eureka, sec. 1462; Lander and Humboldt, sec. 1467; Lander and Nye, sec. 1468.

In addition to above, special acts in regard to this county have been passed as follows: To provide for the payment of outstanding indebtedness, 1864-5, 88; in relation to late Austin City recorder's court, 1866, 134; to incorporate Treasure City, 1869, 122; authoriz ing transfer of certain records and suits from Lander County to White Pine, 1869, 137 (aet sustained, State ex rel. Hooten v. McKenney, 5 Nev. 194); to incorporate Shermantown, 1869, 175; to incorporate the city of Austin, 1875, 75; to disincorporate the city of Austin, 1881, 66; authorize the issuance of certain bonds, 1885, 15; relating to county assessors, 1885, 96; to continue the right and grant conferred under "An act to supply the town of Austin with water," 1893, 37; to authorize the issuance of bonds to purchase the franchise and water works that supply the town of Austin with water, 1893, 67; to authorize the sheriff to appoint a night watchman of the town of Austin, 1893, 87; to regulate the herding or grazing of sheep within four miles of Austin, 1897, 22; to grant right of way and to provide electric lights for Austin, 1897, 30; separating the offices of sheriff and assessor, 1901, 25; fixing salary and compensation of officers, 1901, 71; 1905, 233; fixing salary of the constable of Battle Mountain Township, 1905, 234; fixing salaries of officers, 1907, 148; to regulate salary of the constable of Argenta Township, 1907, 185; fixing salary and compensation of justice of Argenta Township, 1909, 44; fixing fees and compensation of witnesses in criminal cases, 1909, 78; fixing salary and compensation of justice of Austin Township, 1911, 20; authorizing issuance of bonds for liquidating and paying outstanding indebtedness, 1911, 30.

An Act amendatory of and supplemental to an act entitled "An act to create the county of Lincoln, and provide for its organization," approved February 26, 1866.

1471. Boundaries.

Approved March 18, 1867, 129

SECTION 1. All that portion of the State of Nevada situate within the following boundaries shall be, and constitute the county of Lincoln, viz: Beginning at the Red Bluff Springs (about fifteen miles east of Reveille District) and running thence due east to the state line of this state; thence south along said state line to the southerly boundary line of this state; thence along said southerly boundary line to a point due south of Red Bluff Springs; thence north to the place of beginning.

Balance of act, not relating to boundaries, omitted.

See sec. 1472.

Cited, State ex rel. Leake v. Blasdel, 6 Nev. 40-44; State ex rel. Hubbard v. Gorin, 6 Nev. 276, 278.

An Act to detach a portion of the territory of Nye County from said county and to attach the same to Lincoln County.

1472. Territory detached.

Approved February 20, 1875, 80

SECTION 1. The following-described territory, now a portion of Nye County, Nevada, is hereby detached from said Nye County and is hereby attached to and made a part of Lincoln County, Nevada, to wit: All that territory embraced within the following boundaries: Commencing on the

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