shall be deemed the second class; and all audited subsequent to said date last named shall be deemed the third class. of classes. SEC. 6. On the acceptance of any bid or bids, made in pursuance Preference of the provisions of this Act, the County Commissioners shall give a preference of fifteen (15) per cent. to audited accounts of the first class, over and above those of the second and third class; and a preference of ten (10) per cent. to those of the second class, over and above those of the third class. bids. SEC. 7. When any bid or bids are accepted the County Auditor Accepted and County Treasurer shall each take a description of the account or accounts, so allowed and audited to be redeemed, specifying the amount or amounts to be paid for the same, the date, number and amount thereof, and make a record of the same in their respective offices, and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the account or accounts designated in the accepted bid or bids, and pay for the same in legal tender notes or greenbacks at par, out of the Redemption Fund aforesaid, and all accounts, reference being had to the preference of class, allowed or audited, so redeemed, shall be canceled by the County Treasurer, by Accounts to writing across the face thereof, in red ink, " Purchased and Redeemed," be canceled. adding thereto the time when, and the amount paid therefor, and signing the same officially. The order of the Board of County Commis- Vouchers. sioners 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 Preference. equal, preference shall be given to the smallest amount. That shall Lowest bid. to return be deemed the lowest bid which offers the largest amount of audited accounts for the least sum of money. The bids and amounts being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as near as practicable. The County Treasurer Treasurer shall return all unaccepted bids, together with the account or accounts accounts, therein contained, to the owners upon demand. The County Treasurer etc. shall keep a separate account, under the head of "Redemption Fund," Separate of all moneys received into and a correct account of all moneys paid be kept. out of said fund, and to whom paid. In the register hereinbefore provided he shall write opposite each account redeemed, under the provisions of this Act, the word "Purchased," and shall also state the amount paid therefor. accounts to chasable Fund. SEC. 8. When any claim against said county, which accrued prior Claims purto the passage of this Act, is allowed by the Board of County Commis- out of Resioners of said county, and audited by the Auditor of said county, demption after the passage of this Act, the same shall be allowed, and purchasable out of the Redemption Fund of said county, and all certified evidences of such indebtedness, allowed and audited as aforesaid, shall be drawn upon and purchasable out of said "Redemption Fund," in the same manner provided for by this Act. for the purchase of the audited accounts specified, with moneys of said county in said "Redemption Fund." pass on SEC. 9. No audited account or accounts shall be purchased or re- Commisdeemed under the provisions of this Act, unless the same shall have sioners to been allowed according to law; and it is hereby made the duty of the legality of Board of County Commissioners to pass upon the legality of the same, accounts. before the same shall be purchasable or redeemed. SEC. 10. Should there at any time be gold or silver remaining in Coin to be said "Redemption Fund," it shall be the duty of the County Treasurer, sold for der Notes. Legal Ten- by order of the Board of County Commissioners of said county, to sell the said gold or silver, thereby reducing the same to legal tender notes or greenbacks, paying the same amount, together with the amount realized from such sale, into the said "Redemption Fund" of said county. SEC. 11. All moneys remaining in the Treasury, after the payment of the principal and interest of the indebtedness provided for in this Act, to General shall be transferred, by order of the Board of County Commissioners, to the General Fund of Lyon County. When money to be transferred Fund. SEC. 12. This Act shall take effect from and after its passage. State Legis created. CHAP. X.-An Act to create Legislative Funds. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. For the purpose of paying the salaries of the memlative Fund bers and attachés of the present Legislature, the mileage of the members, and the incidental expenses of the same, the State Treasurer is hereby authorized and required to set apart from the first moneys coming into the General Fund, not otherwise specially appropriated, the sum of sixty-five thousand dollars, in gold coin, which shall constitute a fund to be denominated "The State Legislative Fund." Any deficiency that may exist in the "Legislative Fund" of the last session may also be paid out of "Legislative Fund" hereby created. The State Controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attachés of the present Senate and Assembly for mileage and compensation due, when duly certified to him in accordance with law; provided, said warrants shall bear interest at the rate of fifteen per cent. per annum from date until paid, or advertised for payment, as provided in Section No. 4. Proviso. Controller directed to draw warrants. Interest. SEC. 2. The State Controller is hereby authorized and required to draw his warrant, payable out of the State Legislative Fund created by the preceding section, in the sum of five thousand dollars, in favor of the Sergeant-at-Arms of the Assembly, and in the sum of four thousand dollars, in favor of the Sergeant-at-Arms of the Senate; said warrants to bear interest at the rate of fifteen per cent. per annum from date until paid, as provided in Section four of this Act, for the purpose of defraying the incidental expenses of the two Houses; said amounts to be held by those officers and paid out by them in such manner as their respective bodies shall by resolution direct. Said amounts are hereby exempted from the operation of an Act entitled "An Act relating to the Board of Examiners, to define their duties and powers, and to impose certain duties on the Controller and Treasurer," approved February seven, A.D. one thousand eight hundred and Balance re- sixty-five. Any balance remaining in the hands of either Sergeant-atmaining to Arms upon the adjournment of the Legislature, shall be paid to the State Treasurer and revert to the General Fund. Exempt from operation of Act relating to Board of Examiners. be paid to Treasurer. Moneys re SEC. 3. Any moneys that may remain in the fund created by this maining to Act, after the payment of all warrants drawn or directed to be drawn upon said fund prior to the adjournment of the Legislature, shall re- revert to vert to the General Fund. General Duty of State Treas urer. SEC. 4. The State Treasurer shall number and register in the order of presentation in a book to be provided by him, all the warrants presented to him drawn by the State Controller on the Legislative Fund and Legislative Contingent Funds, and whenever there shall be the sum of five thousand dollars in the hands of the Treasurer, he shall give notice on a bulletin board in his office, setting forth the fact, Bulletin and that warrants bearing certain numbers and date shall be presented for payment, and upon presentation will be paid by him, and said warrants so advertised for payment shall cease bearing interest from the date of such notice. board. salaries of SEC. 5. Nothing contained in this Act shall affect the provisions Not to affect of an Act entitled "An Act to provide for the payment of the salaries the Judges of the Judges of the Supreme Court of the State of Nevada," passed Supreme February twenty-first, one thousand eight hundred and sixty-six. STATE OF NEVADA, CARSON CITY, } This is to certify that Assembly Bill No. 1, entitled "An Act to Certificate. create Legislative Funds," has this day passed the Assembly, notwithstanding the objections of the Governor, by the following vote: Yeas, 35; nays, 1. A. WHITFORD, Clerk of the Assembly. D. O. ADKINSON, STATE OF NEVADA, CARSON CITY, Senate Chamber, February 5th, 1869. This is to certify that Assembly Bill No. 1, entitled "An Act to Certificate. create Legislative Funds," has this day passed the Senate, notwithstanding the objections of the Governor, by the following vote: Yeas, 19; nays, 0. JAMES S. SLINGERLAND, President of the Senate. JOHN WASSON, Secretary of the Senate. CHAP. XI.-An Act to amend Section sixty-six of an Act entitled "An Act concerning conveyances," approved November 5, 1861. [Approved February 10, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section sixty-six of the Act of the Legislative Assembly of the Territory of Nevada as above recited, is hereby amended so as to read as follows: Mortgages property, Section Sixty-six. No mortgage of personal property, hereafter of personal made, shall be valid against any other person than the parties when valid. Proviso. Proviso. mortgagor and Mort gagee. thereto, unless possession of the mortgaged property be delivered to, and retained by, the mortgagee; provided, that a mortgage upon growing crops, executed, acknowledged and recorded, shall be valid as against third parties, without such delivery of possession, and such lien shall continue until after such crop shall have been harvested, threshed and delivered to the order of the mortgagee; provided, such mortgage may be executed as well before as after the planting of the crop; and if executed before the crop is planted, it shall be expressed in the mortgage that it is the intention of the parties that the same shall take Affidavit of effect upon the crop when planted. The affidavit of both the mortgagor and mortgagee, or some one in their behalf, in case of absence from the county, shall be appended or annexed to the mortgage, setting forth that the mortgage is given for a debt actually owing from the mortgagor to the mortgagee, and the same is not made nor received with intent to hinder, delay or defraud any creditor of the mortgagor. Any growing crop mortgaged as aforesaid may be seized under attachment or execution, and the surplus over and above the mortgaged debt secured to any other creditor of the mortgagor by serving upon the mortgagee, or, in his absence from the county, upon his agent or other person in charge or possession of such crop, a copy of the attachment or execution. But the actual possession of such crop shall not be taken from the mortgagee, unless full payment of the mortgagee's demand, with interest, be first paid, which if done by a creditor of the mortgagor, shall entitle him to hold such crop and the possession thereof, under his levy for repayment to him of the amount so paid, with interest, as provided in the mortgage so paid, in addition to his own individual demand. Possession of crop. Superin thorized to CHAP. XII.-An Act to authorize the State Superintendent of [Approved February 10, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. The State Superintendent of Public Instruction is tendent au- hereby authorized and empowered to receive and receipt for, all moneys receipt for which are now or may hereafter become due to this State for percentage moneys due allowed to this State by the United States, on the sales made by the United States of public lands which are situated and sold in this State ; and for the purposes aforesaid, said State Superintendent is made the agent of this State. from U. S. Money to be paid to urer. SEC. 2. Upon receiving any money as contemplated in Section one State Treas herein, the State Superintendent of Public Instruction shall, after furnishing a statement thereof to the State Controller, pay the same over to the State Treasurer, taking his receipt for the same in duplicate, one of which he shall deliver to the State Controller. All money received by virtue of this Act shall be placed in the School Fund, and used as other School Funds, until required by law for purposes of internal Money to be placed improvement; provided, whenever an Act of Congress shall have been in School passed authorizing the diversion of such moneys from the purposes of Fund. internal improvements to common school purposes, the same shall thereafter become a part of the permanent School Fund of this State. CHAP. XIII.—An Act to amend an Act entitled "An Act to amend chapter one hundred and thirteen of the statutes of one thousand eight hundred and sixty-six, entitled 'An Act to consolidate and pay certain indebtedness of the County of Ormsby,' approved March twelfth, one thousand eight hundred and sixtysix," approved March 4, 1867. [Approved February 10, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of the Act of which this Act is amenda tory is hereby amended so as to read as follows: created. Section One. Section two of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section two. A Redemption Fund of said county is hereby created, into Redempwhich the Treasurer of said county is authorized and required, tion Fund upon the passage of this Act, to transfer all moneys in the aforesaid Building, General, Hospital and Contingent Funds, and said Treasurer is further anthorized and required to place in said Redemption Fund all moneys hereafter collected (after the expenses of repairs shall have been ascertained and deducted) from rents of the "County Building" of said county; also, all moneys hereafter collected on delinquent taxes due to said county prior to the year A. D. 1866, levied and collected heretofore for the aforesaid Building, Hospital, General and Contingent Funds, and for a Jail Building Fund in Apportioneighteen hundred and sixty-three. In addition the Board of County ment to Commissioners of said county, at the time fixed by law for the levy of State and county taxes of the amount of taxes allowed by law to be levied for general county purposes, shall apportion not less than twenty nor more than forty cents on each one hundred dollars worth of taxable property in said county to the said Redemption Fund; and none of the moneys directed by this Act or the Act hereby amended to be paid and placed into said Redemption Fund, shall be used for any other purpose Not to be or purposes than those specified in the Act creating said Redemption Fund, and Acts amendatory thereto. 10 fund. used for other pur pose. |