fined not less than five hundred dollars or more than one thousand dollars, to be paid into the Treasury of the city or town where such meter has been placed, used, or attempted to be used. No charge for gas supplied through such a meter shall be collected, and if collected, the party from whom such collection was made shall be entitled to recover back ten times the amount so paid from the person, persons, or company to whom the same was paid. The refusal of a consumer to pay for gas so furnished shall afford no reason for a refusal to supply him with gas, and upon any such refusal the consumer shall have the right of recovery from the person, persons, or company so refusing, the sum of four hundred dollars liquidated damages. may be time. SEC. 6. When a meter, properly sealed, is once placed for Meter the use of a consumer, an inspection may be had as often as inspected the consumer may request the same; but he shall pay the fee at any therefor whenever the meter is found to be correct. When the meter is found incorrect, the person, persons, or com- Who to pany furnishing the same must pay the Inspector's fee, remove inspection the meter and reset a correct one, or, upon failure so to do, forfeit and pay to the consumer the sum of four hundred dollars liquidated damages. pay for how paid. SEC. 7. The fee of the Inspector for inspecting and sealing Fee, and shall in each and every case be two dollars and fifty cents in gold coin, and this shall in no case be directly or indirectly collected from the consumer, except as in section six provided; and any such collection, or any attempt to make the same, shall be a misdemeanor, and upon conviction be punished by a fine of not less than five hundred nor more than a thousand dollars, to be paid, one half to the prosecutor and one half to the Treasurer of the town or city where the misdemeanor was committed. This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, CHAP. CXXVII.—An Act to authorize the County Commissioners of Storey County to issue bonds for school purposes in the Virginia and Gold Hill School Districts, and to provide for the payment of the same. The People of the State of Nevada, represented in Senate and thorized. SECTION 1. The Board of County Commissioners of Storey Bonds auCounty are hereby authorized and directed, within sixty days after the passage of this Act, to prepare and issue the bonds of said county to the amount of one hundred thousand dollars, in Bonds, how prepared. Bonds, how dis the form hereinafter specified, and to dispose of the same in the manner hereinafter provided. SEC. 2. The said bonds shall be of such amounts as shall be deemed most salable and convenient, but no bonds shall be for a less amount than one thousand dollars. Said bonds shall be printed with interest coupons attached thereto; shall express on the face of both bonds and coupons that they are payable in United States gold coin; shall bear interest at the rate of not exceeding twelve per cent. per annum, payable semi-annually on the first days of January and July of each year, at San Francisco, State of California. The bonds shall be payable to the person in whose name such bonds are issued, or to his order, at the Bank of Nevada in said San Francisco, or at the office of the County Treasurer of said county, at the option of the owner of the bonds, in five years from the date. The bonds shall be prepared in proper form under the direction of the Board, and shall be signed by the President of the Board and countersigned by the Clerk, who shall attach thereto the county seal. The coupons for semi-annual interest shall be signed by the President of the Board. SEC. 3. The Board of County Commissioners of said county, posed of. after said bonds shall have been so prepared and signed, shall appoint some competent and disinterested person to dispose of said bonds, and said bonds shall be delivered to the person so appointed, and he shall be thereupon authorized and directed to dispose of them or any part thereof; but the rates at which said bonds shall be disposed of shall be fixed by said Board, and may be changed from time to time, as they may order. Funds received, SEC. 4. All funds derived from the sale of said bonds, or any how used. of them, shall be paid into the County Treasury of Storey County, for the use and benefit of the Virginia and Gold Hill School District, in said county. The amount derived from the sale of seventy thousand dollars of bonds, as provided in section one of this Act, to be for the use and benefit of the Virginia School District, and the amount derived from the sale of thirty thousand dollars of said bonds, to be for the use and benefit of the Gold Hill District; and said funds shall not be liable for use or appropriation for any other purpose; and said funds shall bo paid out by the Treasurer of said county in the same manner as is now provided by law for the payment of money from funds in said Treasury appropriated for the use of said district. Money to be set apart. Bonds, how SEC. 5. From the money received by the County Treasurer of said county for the use and benefit of the said Virginia and Gold Hill School Districts, there shall be annually set apart the sum of twenty-two thousand dollars, which sum shall be placed by said Treasurer in a separate fund, to be called the "School Bond Interest and Sinking Fund," and shall be applied: FirstTo the payment of the semi-annual interest upon said bonds, as above directed. Second-To the redemption of said bonds, as hereinafter provided. SEC. 1 [6.] Whenever all interest due upon said bonds shall redeemed. have been fully paid, and there shall be in said fund a surplus, which upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of future interest to accrue within the next succeeding twelve months, the Board of School Trustees of said Virginia and Gold Hill School Districts, after having ascertained the amount of surplus, shall insert an advertisement in at least one newspaper published in said county, for a period of not less than four weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and filed with the Clerk of said Board on or before a day certain named therein. At the next meeting of the Board after said day, the Board shall open such sealed proposals as shall have been filed on or before the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds. This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, CHAP. CXXVIII.-An Act to grant the right of way for an endless The People of the State of Nevada, represented in Senate and granted. SECTION 1. There is granted by this Act to A. H. Mathesius, Franchise and his associates and assignees, and their successors in interest therein, the right of way for the survey, location, construction, and maintenance of an endless wire rope railroad from and commencing at or near the junction of C street with Ridge street, in the City of Virginia, in the County of Storey, and running thence to Bullion Ravine, at or near where the Ophir Grade crosses said ravine; thence down Bullion Ravine, Main street, to Telegraph street; and thence along Telegraph street to Petaluma street, in Lower Gold Hill, in said County of Storey; provided, that said right of way shall not exceed twelve feet in width along the line of said road. SEC. 2. The right to excavate for the purpose of such rail- May excaroad, to grade, to throw up embankments necessary for such vate, etc. road, and to cut and use stone and earth along the line of said road, and appurtenant thereto, is hereby granted to the said Mathesius, and his associates and assignees and successors in Time of interest in said road; and they shall commence the construction of the same within ninety days from the passage of this ment and Act, and they shall complete and operate the same within tion. com mence comple Mav make rules, by eighteen months from the expiration of the above mentioned ninety days. SEC. 3. The said A. H. Mathesius and his associates and laws, etc. assignees, and their successors in interest in such road, may elect from their number such directors and officers as they may deem proper and necessary to complete their organization and to carry on the business of said road, and they shall have power to adopt such rules and by-laws for their government and for the proper management of the business of said road. They shall have the right to regulate fares over said road; provided, Maximum they shall in no case charge more than fifteen cents to any one charged. passenger for passage over said road; and such rules and by-laws, when adopted, shall be binding on the said Mathesius and his associates and assignees, and their successors in interest in said road. fare to be May cross streets, etc, SEC. 4. The said Mathesius and his associates and assignees, and their successors in interest, may construct said road across any public or private road, highway, or railroad, and along any public or private road, highway, street, or property; provided, that nothing in this Act shall be construed so as to allow said road to obstruct or interfere with the free use of any railroad, road, highway, street, or mine, or to cross the inclosed or other land of any person or persons without having first To have paid a just compensation therefor; and, provided further, that no team, wagon, buggy, or carriage shall obstruct the cars which may run along said railroad, at any time or place, but shall turn out and give the way to such cars. the right of way against teams. Misdemeanor to obstruct said road. SEC. 5. If any person shall willfully obstruct, destroy, or in any way injure said road, or anything belonging thereto, or any materials to be used in the construction thereof, or any building, fixture, or car, erected or constructed for the use of said road, such person shall be deemed guilty of a misdemeanor, Penalty and shall be punished by a fine of not less than fifty dollars, and not more than two hundred dollars, and shall be subject to imprisonment of one day for every two dollars of such fine, to be assessed by the Court before whom such person shall be found guilty; and in addition to such punishment such person shall be liable to the said Mathesius, and his associates and assignees, and their successors in interest in said road, in treble the damage occasioned by such injury, to be recovered by at civil action in any Court having jurisdiction of the amount claimed in damages. Road to be taxed. Property, how SEC. 6. Said road and its appurtenances shall be subject to the same rates of taxation as other property in this State. SEC. 7. If the said Mathesius and his associates and assignees, appraised. Or their successors in interest, be unable to agree respecting the purchase of any land over which said road shall pass, and belonging to any private person, or if the owner or owners of such land shall refuse to sell the right of way across the same, at such valuation as the said Mathesius and his associates and assignees, or their said successors in interest, shall claim reasonable and just, the said Mathesius and his associates and assignees, or their successors in interest in said road, shall select one appraiser, and said owner or owners shall select one; provided, that if the said owner or owners of such property shall fail or refuse, on request, to appoint or select an appraiser, as provided for in this section, it shall be the duty of the Dis trict Judge, on petition therefor, at chambers or otherwise, in said county, to appoint such appraiser, and the two appraisers so selected or appointed shall select a third, and the three appraisers thus selected shall appraise the real estate, or property sought to be appropriated as a way for said road, after having been first sworn before some officer authorized to administer oaths, to make a true appraisement of the damage of such right of way across said property. Within five days after the report of said appraisers shall be made, notice thereof shall be given to both the parties, viz: To the owner or owners of such land, and to the parties in interest in said road; and upon the parties last named paying to such owner or owners the sum found, as a just compensation therefor by said appraisers, or a majority of said appraisers, the said owner or owners shall execute and acknowledge, in due form of law, and deliver to the parties in interest in said road, a good and valid deed of release of the right of way on and over such land and property; and, upon failing so to do, it shall be lawful for the parties in interest in said road to petition the District Court of the First Judicial District of this State for a condemnation and sale of the right of way across such land, which said District Court is hereby authorized to order, decree, and enforce. SEC. 8. This Act shall be in force for the term of thirty How long years from and after its passage. to be in force. This bill having remained with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore become a law this fourteenth day of March, eighteen hundred and seventy-seven. J. D. MINOR, |