called for within thirty days after the collection of all solvent indebtedness, shall be paid by the said trustees into the State Treasury, accompanied by a statement setting forth the time that such deposits were made, or such share acquired by the person holding the same at the time of such dissolution, and the name and residence, if known, of the person making or holding the same, the amount of such deposit or shares, and also of the dividends not called for, and the name of the person or persons to whom the deposit, or stock, or the dividends belong, if known. All amounts of unclaimed dividends and deposits paid into the State Treasury as aforesaid, shall be received, invested and How acaccounted for, and paid out in the same manner, and by the same counted for. officer, as is provided by law concerning escheated estates. Upon such payment by the said trustees, the State Treasurer shall give to them a Receipt. receipt for the amount so paid in, which shall fully discharge them from all liability to such depositors or stockholders. not to im SEC. 26. The misnomer of any such corporation in any instrument, Misnomer shall not vitiate or impair the same, if it be sufficiently described to as- pair instrucertain the intention of the parties. ment. tions may Act. SEC. 27. All corporations for the accumulation, preservation and Corporainvestment of funds and savings, all savings and loan societies, and all avail themassociations or societies for the like purpose, claiming in good faith to selves of this be incorporated under the laws of this State, may avail themselves of the provisions of, and become incorporated under this Act, by filing with the County Clerk of the county in which their principal place of business is located, and a certified copy thereof in the office of the Secretary of State, a certificate stating their intention and election to become so incorporated, which intention and election may be made and declared by the trustees or acting trustees of such corporation, association or society, or a majority thereof. The certificate stating such in- Certificate. tention and election shall be signed by the President and Secretary of such corporation, association or society, and shall be acknowledged before some officer competent to take the acknowledgment of deeds. Such certificate shall in other respects conform to the requirements of this Act. ed inopera SEC. 28. All Acts and parts of Acts in conflict with the provisions Acts declarof this Act, are hereby declared to be inoperative so far as they affect tive. this Act. SEC. 29. This Act shall take effect from and after its passage. CHAP. XCIV.-An Act to create the County of Elko, and to provide for the organization thereof. [Approved March 5, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: created. Boundaries. SECTION 1. All that portion of the present County of Lander lying Elko county within the following boundaries, to wit: East of a line drawn north and south through a point on the Central Pacific Railroad track, three miles west of the machine shop of the Central Pacific Railroad Com Proviso. pany, situated in the town of Carlin, and north of a line drawn east and west through the most northerly part or portion of the military post or camp known as Camp Ruby, (being the northerly line of the proposed County of White Pine) is hereby created a new county, to be known County seat. as the County of Elko. The county seat of said county is hereby located at Elko; provided, the proprietors of said town, or other persons, shall within one month from the date of the passage of this Act, convey by proper deed to said County of Elko, free and clear of all incumbrances, a plat of ground suitably located, and of sufficient dimensions for a Court House and Jail, and other necessary county buildings; the same to remain the property of the county so long as used for county purposes. If no such conveyance be made to the approval and acceptance of a majority of the Board of County Commissioners, then the county seat of said county shall be selected by the Board of County Commissioners first elected under the provisions of this Act. If the conveyance aforesaid be accepted, entry of such fact shall be noted in county seat. the minutes of proceedings of the Board of County Commissioners, apDeed filed pointed herein, and the deed shall be filed and recorded in the proper and record- County Recorder's office; and thereafter vest the title of the land conveyed in the county as in this section provided. When County Commissioners to select ed. Governor to appoint Commissioners. Powers. tenantGovernor may appoint Com SEC. 2. It shall be the duty of the Governor, prior to the first day of April, A.D. 1869, to appoint three qualified electors, residents of the County of Elko, to serve as a Board of County Commissioners, with full power and authority to do and perform the acts following, to wit: Said Commissioners, after having taken the official oath, shall, within ten days from the first day of April, A.D. 1869, meet at some suitable or convenient place in the town of Elko, and organize as a Board of County Commissioners, by electing one of their number as chairman, and appointing a clerk, who shall not be one of their own number. When Lieu- Should the Governor fail to make the appointment as herein directed, the same shall be made by the Lieutenant-Governor. They shall continue in office until after the election of county officers as herein promissioners. vided, and until their successors shall have been elected and qualified. SEC. 3. The Board, after having organized, shall appoint a suitable and convenient number of registry agents within said county, who shall have full power and authority, and it shall be their duty, previous to the twentieth day of May, 1869, to register all the legal voters properly entitled to be registered within their districts or precincts, offering to do so. Such registration shall be conducted in all respects under the provisions of the registry laws of this State. Each of said registry agents shall, prior to the first day of June, 1869, certify to said Board of County Commissioners the number of voters by each registered; also the registry lists from which the certificate is made, or a copy thereof. Term. Board to Organization and election. Proviso. SEC. 4. If it shall appear from the certificates of the registry agents, supported by an examination of the registry lists, (or a copy thereof) that more than one thousand voters have been registered within the county, such fact shall be properly noted, or entered on the minutes of the proceedings of said Board, and the Board shall make an order for the organization of the county, by an election of county and township officers; provided, township officers elected by the people for any township included within the metes and bounds of said county, prior to the passage of this Act, shall be deemed and held to be township officers of the county created by this Act, and may continue to hold their offices and serve as such until the expiration of the term for which they were elected. If it appear that the number of registered voters is less than one thousand, the election for county officers shall be held on the day of the general election, in the year A.D. 1870, and the county and township officers shall enter upon the discharge of the duties of their respective offices, as now provided by law in the other counties of this State; provided, the special election herein provided for, if held, shall be so held under the registration herein provided for. A new regis. New registration shall be made for the election in the year 1870, and shall be made under the authority of the Board of County Commissioners hereinbefore provided. tration. when held, SEC. 5. The election provided for in this Act shall be held on the Election, third Monday of June, eighteen hundred and sixty-nine, and the same etc. shall be provided for by said Board of County Commissioners, as to giving notice thereof, appointment of precincts, judges of election, issuing certificates of election, etc., as other general elections held under the laws of this State; and at such election there shall be elected all the county officers provided for and elected in other counties in this State, and such township officers as may be made necessary by any subdivision of the county into townships by said Board of County Commissioners; provided, a District Judge shall be elected for said Proviso. county, which shall constitute a Judicial District as hereinafter provided, in case a vacancy shall have previously occurred in the office of Judge of the Sixth District Court. If no vacancy occur, such Judge shall be elected at the next general election. The officers elected When under the provisions of this section shall qualify and enter upon the officers to qualify and discharge of the duties of their respective offices, on the first Monday enter on duties of of July, A.D. eighteen hundred and sixty-nine, except as to the County office. Commissioners, who shall qualify and enter upon the duties of their office within three days of the time of receiving their certificates of election. At the first session, which may be held immediately after their Bond. qualification, they shall fix the amount in which each county and township officer shall be required to give bonds. tion. Proviso. SEC. 6. The County of Elko, until organized, or as otherwise Attached to provided in this Act, shall remain attached to the County of Lander Lander for judicial purfor all judicial, revenue, county and legislative purposes. The County poses. of Elko shall be entitled to a representation in the Legislature of Representathe State, as follows: One Senator and two Assemblymen; provided, if there be registered at the special election provided for in this Act, or if it appear on the fifteenth day of October, eighteen hundred and seventy, from the registry lists that there are two thousand registered voters in said county, the apportionment shall be two Senators and four Assemblymen. The affidavit of a majority of the Board of County Commissioners, certifying that there appear upon the registry list or lists of said county the names of two thousand voters, shall be considered evidence of that fact, and such affidavit shall be filed with the Secretary of State. enth Judi SEC. 7. The County of Elko shall constitute the (11) Eleventh To constiJudicial District of the State of Nevada; but this provision shall tute elev only take effect upon the occurrence of a vacancy in the office of cial District Judge of the Sixth Judicial District, or at the expiration of the term of the present incumbent of such office, except as otherwise herein provided. If at any time prior to the time herein fixed for holding a When elecspecial election for county officers in the County of Elko, a vacancy held for shall have occurred in said office of Judge of said Sixth Judicial Dis- Judge. trict, an election shall be held, also as herein provided, for District Judge for said Eleventh Judicial District, and a qualified elector, tion to be resident of said county, shall be elected to fill the office of Judge of Terms of cf said Eleventh Judicial District Court. The terms of all officers ficers. Vacancy. Terms of Court. Salaries of officers. County to assume and elected under the provisions of this Act shall expire upon the election and qualification of a successor at the next general election, as provided by law. If a vacancy occur in the office of District Judge of the Sixth Judicial District, it shall be the duty of the person appointed to fill the unexpired term of the present incumbent of said office, in case of the failure to organize the County of Elko prior to the next general election, to hold terms of Court in said county, at the county seat, or until the same be established at the town of Elko. There shall be four terms of said Eleventh District Court each year, commencing on the third Mondays of February, May, August and November. It shall be the duty of the Clerk of the Sixth District Court, and the Sheriff thereof, in case terms of Court be held by the Judge thereof, in the County of Elko, to attend in person or by deputy upon the sessions of said Court, at the town of Elko, and then and there discharge the duties of their respective offices. SEC. 8. The salaries of the county officers of the County of Elko are hereby fixed as follows:-District Attorney, two thousand dollars per annum; County Treasurer, two thousand dollars per annum ; the County Superintendent of Public Schools shall receive such salary as may be fixed by the Board of County Commissioners. The salary of the District Judge is hereby fixed at five thousand dollars per annum, payable out of a District Judge salary fund, to be created as provided by law. SEC. 9. The County of Elko shall assume and pay to the County pay debt of of Lander the sum of twenty thousand dollars, in gold coin, on account Lander, etc. of the debt of said County of Lander, payable out of the Redemption Fund of said county; and for the purpose of paying said last named sum of money, the Board of County Commissioners, in addition to their power to create other fund for said county, which power is hereby expressly conferred, are hereby authorized and required to set apart twenty per cent. of all revenues coming into the County Treasury, properly belonging to the county, which shall constitute a fund to be known as the Lander Redemption Fund; and warrants shall be drawn in favor of the County of Lander, payable out of said fund, in such sums as the District Attorney of Lander County may elect, not less than one hundred dollars each, and when issued they shall be delivered to said District Attorney, who shall receipt for the same, and deliver such warrants to the County Auditor of Lander County, taking his receipt therefor; provided, whenever the sum of five hundred dollars or more shall accumulate in said fund, the interest shall cease to run on such amount within five days from the date of mailing a notice in writing, showing the amount in said fund, addressed to the County Auditor of Lander County, at the county seat of said Lander County. If no organization of the County of Elko be made before the general election When basis in the [year] 1870, the outstanding debt of the County of Lander, existof debt to be ing on the first day of January, A. D. 1871, as specified in this section, adjusted. as between the counties of Elko and Lander, shall be adjusted on the same basis and on the same relative proportion as fixed in this section of this Act; and the County Auditors of the two counties shall meet at the county seat of Lander County, and adjust the same, and when adjusted all the provisions of this section shall apply to the payment thereof. Proviso. Recorder of records, etc. SEC. 10. The County Recorder of Lander County is hereby authorized and empowered, and it shall be his duty to transcribe into County to suitable books, all the records in his custody, pertaining or relating to, transcribe or affecting the title to any property situated within said County of Elko, and to make a suitable index thereto. Said transcript and index shall be made as soon as practicable after the passage and taking effect of this Act, and when completed, shall be delivered to the County Recorder of said Elko County, and shall thereafter be kept in his office, and shall be, for every purpose, of the same force and effect as other county records. The Recorder of Lander County shall be entitled to Compensareceive as compensation for the service hereby imposed, one-half of the fees 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 the completion and delivery of said transcript and index, and shall be paid as other claims against said county. tion. CHAP. XCV.-An Act to amend an Act entitled "An Act to provide revenue for the support of the Government of the State of Nevada," approved March 9, 1865. [Approved March 5, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section (65) sixty-five of said Act, of which this is amendatory, is hereby so amended as to read as follows, to wit: for selling liquors in less quanti Section Sixty-five. Any person or persons who may dispose of any License spirituous, malt or fermented liquors, or wines, in less quantities than one required quart, shall, before the transaction of any such business, take out a license from the Sheriff of the county in which he or she proposes to ties than do such business, and pay therefor the sum of ten dollars per month; one quart. provided, that all persons engaged in retailing liquors as aforesaid, in Proviso. connection with entertainment for travelers, at any point distant one mile or more outside the limits of any city or town in this State, shall pay a quarterly license of fifteen dollars; and provided further, that Not entitled no such person or persons shall be entitled, under and by virtue of said to sell on license, to sell or cause to be sold within this State any such spirituous, tion. malt or fermented liquors or wines, on any day upon which any general election is held, or within the limits of any county or city on any day upon which any special or municipal election is held therein, but it shall be expressed in each and every license so granted, that the person or persons to whom the same is granted, that the person or persons to whom the same is granted, shall and will not sell or cause to be sold, any such liquors or wines on such day or days. days of elec |