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Unlawful for Treas

urer to pay warrants.

Commissioners required

to create Redemp

tion Fund.

Moneys, how disbursed.

Duty of
Treasurer.

CHAP. XIV: An Act to provide for the payment of the indebtedness of Esmeralda County.

[Approved February 10, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. From and after the passage of this Act, it shall not be lawful for the Treasurer of Esmeralda County to pay any warrant drawn on the Treasury of said county prior to the passage of this Act, except in the manner hereinafter provided.

SEC. 2. The Board of County Commissioners of said county are hereby authorized and directed from and after the passage of this Act, to create in the County Treasury of said county, a fund, to be known and denominated the 66 Redemption Fund" of said county; and all moneys coming into the Treasury from and after the passage of this Act, ordered to be paid into the General Fund, shall be paid into the Redemption Fund. The moneys placed in the Redemption Fund created by this Act, shall be disbursed as hereinafter provided.

SEC. 3. Whenever at any time there shall be in said Redemption Fund the sum of five hundred dollars or more, it shall be the duty of the County Treasurer of said county to give at least ten days' notice, by publication in some newspaper published in the county; if there be no newspaper published in said county, or if the publisher of such paper shall fail or refuse to publish such notice, for any cause whatever, then in that case the Treasurer of said county shall cause said notice to be posted upon the Court House, that sealed proposals, directed to him, will be received for the surrender of county indebtedness, auddebtedness. ited and allowed by the Board of County Commissioners, and payable out of the General Fund of said county.

Proposals for surrender of in

Proposals opened.

Proviso.

Accepted bids.

Warrants,

how canceled.

Vouchers.

SEC. 4. On the first day of such regular meetings of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the meeting room of such Board, and then and there open all sealed proposals, and accept the lowest bid or bids for the surrender of legal evidence of county indebtedness against said General Fund audited; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied with the legal evidence of indebtedness proposed to be surrendered.

SEC. 5. When any bid or bids are accepted, the County Auditor shall take a description of the indebtedness to be surrendered, specifying the amount to be paid for each, the date, number and amount thereof, and make a record thereof; and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the warrants of indebtedness designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid; and all warrants so surrendered shall be canceled by the County Treasurer, by writing across the face thereof, in red ink, "purchased and redeemed," adding thereunto the time when and the amount paid therefor, signing the same officially. The order of the Board of County Commissioners 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

to return

specified in this Act being equal, preference shall be given to the smallest amount. That shall be deemed the lowest bid which offers the Lowest bid. largest amount for the least sum of money. The bids and amounts of indebtedness being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as near as possible. The County Treasurer shall return all unaccepted bids to Treasurer the owners on demand. The County Treasurer shall keep a sepa- unaccepted rate account, under the heading of Redemption Fund, of all bids. moneys received into said fund, and of all moneys paid out of said Separate fund, and to whom paid. He shall also, in the register of county warrants kept by him, write, opposite each warrant redeemed under the provisions of this Act, the word "purchased," and the amount paid therefor.

accounts.

thorized to

SEC. 6. From and after the passage of this Act, the County Aud- Auditor auitor of said county is hereby authorized to draw his warrant for all draw warindebtedness of said county now existing, or which may be hereafter rants. contracted by said Esmeralda County; provided, always, that such indebtedness shall first have been duly examined and allowed by the Board of County Commissioners of said county.

pealed.

SEC. 7. All Acts and parts of Acts heretofore passed, so far as Acts rethey conflict with the provisions of this Act, are hereby repealed so far as the same relates to said Esmeralda County.

SEC. 8. This Act shall take effect, and be in force from and after its passage.

CHAP. XV.-An Act to amend Section seven of an Act entitled "An Act to repeal an Act entitled 'An Act to authorize the incorporation of the Town of Aurora to the City of Aurora,' approved February 9, 1864, and to provide for the payment of the indebtedness thereof," approved February 17, 1866.

[Approved February 10, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section seven of said Act is amended so as to read as follows:

Section Seven. When it is ascertained that all city warrants and other legal evidences of indebtedness, as provided for in this Act, are redeemed and paid, and the affairs of the corporation are settled, it shall be the duty of the Board of County Commissioners to order, and the County Treasurer to transfer on such order, the balance of money remaining in said Redemption Fund to the fund of School District Number One of said county, and notify the Auditor of the amount so transferred, and the time of the transfer, which amount shall become a part of and belong to said fund of School District Number One.

Money remaining to be transferred on

settlement

of affairs.

Petition to be filed

CHAP. XVI. An Act in relation to changing the names of Individuals.

[Approved February 10, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any person desiring to have his or her name changed, with clerk, may file, with the Clerk of the District Court of the District in which he or she may reside, a petition, verified by his or her oath, addressed to said Court, stating his or her present name, the name which he or she desires to bear in future, and the reason for desiring said change.

Notice to be published.

Court to

make order when.

When objection are

SEC. 2. Upon the filing of said petition the applicant shall make out and procure to be published, in some newspaper of general circulation in the county, for the period of thirty days, a notice stating the fact of the filing of the petition, its object, his or her present name, and the name which he or she desires to bear in future.

SEC. 3. If, within ten days after the expiration of the thirty days, no written objection shall be filed with said Clerk, upon proof of the filing of the petition and publication of notice, as required in section two, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the said Court shall make an order changing the name of the applicant, as prayed for in the petition. If within said period objection be filed, the Court shall filed, Court appoint a day for hearing the proofs respectively of the applicant and the objection, upon reasonable notice; and upon said day shall hear the proofs and grant or refuse the prayer of the petitioner, according as the proofs shall or shall not show satisfactory reasons for making said Order to be change. Upon the making of an order granting the prayer of the petitioner, the same shall be recorded as a judgment of said Court, and the name of the applicant shall thereupon be as stated in said order.

to hear

proofs.

recorded.

Members of organized militia ex

empt from

serving as

CHAP. XVII.--An Act to amend Section 44 of an Act entitled "An Act to provide for organizing and disciplining the Militia of the State," approved March 4th, A. D. 1865.

[Approved February 12, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section forty-four of the above entitled Act is hereby amended so as to read as follows:

Section Forty-four. All members of the organized militia of this jurors, etc. State, commissioned or mustered as such, and all members of the enrolled militia, drafted and mustered into active service, under the

provision of this Act, shall be exempt from jury duty, and from serving on any posse comitatus, except when called to do so in their military capacity, by the Commander-in-Chief. Whenever a member of the organized militia shall be summoned as a juror in order to entitle him to the exemption provided in this section, he shall be re- Proviso. quired to produce to the Court before which he is summoned, a certificate of the commanding officer of his company, countersigned by the first sergeant, that he is a member in good standing, fit for active service, and not in arrears for fines or dues; and such certificate shall bear date the day summons is served upon such member, or later. In the Commiscase of commissioned officers or non-commissioned officers of staff, the production of their commissions, or warrants of appointment, and, if missioned quired by the Court, their oath, that they are active members of the produce organized militia of this State, shall be deemed sufficient to exempt them from jury duty.

SEC. 2. This Act shall take effect from and after its passage.

re

sioned and

non-com

officers to

commission, etc.

CHAP. XVIII.—An Act to amend an Act entitled "An Act to regulate proceedings in criminal cases in the Courts of Justice in the Territory of Nevada," approved November 26, 1861.

[Approved February 12, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section five hundred and forty-five of said Act is here

by amended so as to read as follows:

Section Five Hundred and Forty-five. Upon the production of the Payment of order, or a certified copy thereof, the County Treasurer shall pay the witnesses. witness the sum specified therein, out of any fund in the County Treasury not otherwise specially appropriated or set apart. It shall not be necessary for such order to be presented to the Board of County Com

missioners or Auditor.

CHAP. XIX.—An Act supplementary to an Act entitled "An Act for securing Liens to Mechanics and others," approved November 21, A. D. 1861.

[Approved February 12, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. All foundrymen and boiler makers, and all other per- Foundrysons performing labor, or furnishing machinery, or boilers, or castings, men, etc., to or other material for the construction, or repairing, or carrying on of

have lien.

Mode of filing, etc.,

this Act.

any mill, manufactory, or hoisting works, shall have a lien on such mill, manufactory or hoisting works for such work or labor done, or for such machinery, or boiler, or castings, or other material furnished by each respectively.

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SEC. 2. All the provisions of the said Act to which this Act is suppleto apply to mentary respecting the mode of filing, recording, securing and enforcing mechanics' liens, shall apply hereto; and the word "superstructure,' wherever it occurs in said Act, is hereby made applicable to the provisions of section one of this Act.

Board of Commissioners required to

issue bonds.

Amounts of bonds.

Coupons.

CHAP. XX.-An Act to authorize the Commissioners of Lyon
County to issue to the Virginia and Truckee Railroad Company
Bonds to the amount of Seventy-five Thousand Dollars, and to
provide for the payment of the same.

[Approved February 15, 1869.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever within eighteen months from the passage of this Act, the Virginia and Truckee Railroad Company, a corporation existing under the laws of this State, shall have completed the construction of a first-class iron railroad, from some point within the limits of the City of Virginia to the City of Carson, on the line of a railroad between said cities, which line shall pass a point not more than twelve hundred feet west of Trench's Mill, in Silver City, Lyon County, and the same shall be in complete readiness to receive the rolling stock proper therefor, the Board of County Commissioners of Lyon County are hereby authorized and directed to prepare and issue the bonds of said county to the amount of seventy-five thousand dollars, in the form hereinafter specified, and deliver the same to the Virginia and Truckee Railroad Company, for its benefit.

SEC. 2. The said bonds shall be of such amounts as shall be deemed most salable and convenient; but no bonds shall be of a less amount than one hundred dollars, and none for a greater 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 seven per cent. per annum, payable semi-annually. The bonds How paya- shall be payable to bearer at the office of the County Treasurer of said county in fifteen years from their date. The bonds shall be prepared Bonds, how in proper form under the directions of the Board and shall he signed by prepared. the President of the Board, and countersigned by its Clerk, who shall attach thereto the county seal. The coupons for semi-annual interest shall be signed by the President of the Board.

ble.

Coupons,

how signed. Fulfillment of condi

SEC. 3. Immediately after being notified by the Company of the fultions, Board fillment of the conditions upon which the said bonds are to issue as above bonds. stated, the Board of County Commissioners shall proceed to satisfy them

to issue

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