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refusal or

SEC. 2. Any officer aforesaid refusing or neglecting to comply with Penalty for the requirements of this Act shall be deemed and held guilty of a mis- neglect. demeanor, and on conviction thereof, fined before any Court of competent jurisdiction in any sum not less than fifty nor more than five hundred dollars, and shall in addition be liable on his official bond in dam- Damages. ages to any person injured by such refusal or neglect to the extent of the injury sustained by reason of the refusal or neglect mentioned in this section.

SEC. 3. This Act shall take effect and be in force from and after the first day of July, A.D. 1869.

CHAP. XXXIII.-An Act to provide for the erection of a State
Capitol at Carson City.

[Approved February 23, 1869.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

created.

SECTION 1. For the purpose of erecting a State Capitol building at State CapiCarson City, there is hereby created a separate fund to be called the tol Fund State Capitol Fund. For the year 1869, the State Treasurer shall set apart into said fund the surplus, if any, which may remain of the proceeds of the special tax of one-fourth of one per cent. provided by the Act of February 14th, 1865, for the payment of Territorial indebtedness, after the whole of the indebtedness specified in said Act shall have been fully liquidated and paid. For the year 1870, and for each succeeding year until the whole amount of receipts into said fund shall amount to one hundred thousand dollars, there shall be levied in lieu of said special tax of one-fourth of one per cent. which after the present year shall be discontinued, a special tax of one-eighth of one per cent. upon the same basis, the proceeds of which shall be paid into the State Capitol Fund; provided, that if in any year the proceeds of said tax shall exceed thirty thousand dollars, then the surplus above said amount shall be placed in the General Fund. There shall also be placed in said State Capitol Fund, until said aggregate amount of one hundred thousand dollars shall have been reached, the net proceeds of all sales which may be made of the forty sections of land donated by the United States to this State, for the purpose of erecting therein a Capitol building, and a Penitentiary.

SEC. 2. The said fund shall be used in the manner hereinafter Fund, how used. directed, in the construction of a State Capitol building upon the center of the block or parcel of land owned by the State, and known as the "Plaza," in Carson City. The wall material of said building shall be stone, and shall be furnished by the State of Nevada, from its quarry at the State Prison.

SEC. 3. The entire cost of said building when completed, (excluding the material furnished as provided in Section two of this Act,) shall not exceed one hundred thousand dollars.

How fund expended.

Board of

Capitol
Building
Commis-

sioners
created.

Quorum.

Organization of Board.

To advertise for

draughts,

etc.

To advertise for

etc.

SEC. 4. The fund created by Section one of this Act shall be expended under the direction and supervision of the Board of Capitol Building Commissioners, by this Act created, and in the manner herein specified.

SEC. 5. A Board of Capitol Building Commissioners consisting of seven members, namely: Fred'k Stadtmuller, Geo. T. Davis, John Wagner, A. Klauber, John H. Mills, J. H. Sturtevant, and J. C. Hazlett, is hereby created, who, before entering upon their official duties as prescribed in this Act, shall severally take and subscribe the constitutional oath of office, and cause the same to be filed in the office of the Secretary of State.

SEC. 6. A majority of said Board shall constitute a quorum for the transaction of business.

SEC. 7. Immediately after qualifying, the members shall meet at the seat of government and organize said Board by electing from their number a President, Vice-President and Secretary, whose duties as such shall be defined in by-laws to be prescribed by the Board.

SEC. 8. As soon as there shall be in said fund the sum of fifteen thousand dollars, the Board shall advertise in not more than three nor less than two newspapers (one of which shall be published in the State of California) for the presentation of draughts, plans, specifications, and estimates for said building, said advertisements to be published not less than thirty nor more than sixty days, and at the expiration thereof the Board shall (unless all presented shall have proven unsatisfactory) adopt such plan as may be deemed the best; and the sum of two hundred and fifty dollars shall be allowed and paid therefor, out of the moneys appropriated by this Act, to the person or persons presenting the same.

SEC. 9. As soon as practicable after adopting plans, the Board sealed pro- shall advertise for sealed proposals for furnishing materials (other than posals for furnishing stone) and for doing the whole or separate parts of the work of erectmaterials, ing said Capitol. Said advertisement shall be published not less than thirty nor more than sixty days, in not more than three nor less than two newspapers, one of which shall be published in the State of California. Said Board may adopt or reject any or all bids not deemed reasonable or satisfactory, but in determining between two or more bids for the same work or material, shall in all cases adopt the lowest responsible bid.

Contractors not to be allowed

SEC. 10. In letting contracts said Board shall not obligate the State to pay, nor shall the Board of State Examiners allow, to any contractor, more than at any time prior to the completion of his contract, and its acceptance 75 per cent. prior to the by said Board, more than seventy-five per cent. of the value of matericompletion of contract. als then furnished, or work then done, and upon completion and acceptance said Board of Commissioners may agree to pay, and said Board of Examiners may allow the balance due on said contract.

Claims, how allowed and paid.

SEC. 11. When any sum shall become due to any contractor, under this Act, claim therefor shall be certified by the Board of Capitol Building Commissioners to the State Board of Examiners; and upon the allowance thereof by said named Board, properly certified, to the Controller, he shall draw his warrant therefor on the State Treasurer in favor of the proper party, and the State Treasurer shall pay the same out of any moneys in the Treasury appropriated by section one of this Act. SEC. 12. No fees or compensation of any kind shall be allowed to allowed any member of the Board of Commissioners by this Act created, nor fees, nor al- shall any member of said Board be interested directly or indirectly in

Commis

sioners not

interested

any contract for furnishing material, or performing labor in the erection lowed to be of said building; and in addition to the oath provided in section five of in conthis Act, said Commissioners shall severally take and subscribe an oath tracts. to the effect that they will not become a party to, or in any wise be interested in any contract for furnishing material or performing labor in the erection of said building.

victs to be

etc., stone.

SEC. 13. The Board of Capitol Building Commissioners, by and Prison conwith the consent of the Board of State Prison Commissioners, shall, employed immediately after the adoption of plans and specifications, cause the quarrying, State Prison convicts to be employed in quarrying and dressing stone for said Capitol Building, in accordance with the plans and specifications adopted by them. Said Board shall furnish to the Warden of the State Prison such assistance and such materials as may be found necessary to a successful prosecution of the work. All expenses incurred in carrying into effect the provisions of this section shall be paid out of the moneys appropriated by section one of this Act.

ment for

made.

SEC. 14. The advertisement for plans and specifications mentioned Advertisein section eight shall not be made until there is in the Capitol Fund the plans, etc., sum of fifteen thousand dollars; and no warrant upon said fund shall when to be be drawn by the Controller until there shall be filed with him a plan adopted by the Commissioners, with estimates sworn to by two competent architects attached thereto, that the building upon the plan proposed can be built for one hundred thousand dollars.

sioners re

SEC. 15. The Board of Commissioners created by this Act shall re- Commisport in detail, under oath, all proceedings under this Act, to the Legis- quired to lature upon its meeting in third biennial session, and in said report report. specifically set forth all items of money expended, and for what expended, and to whom paid.

SEC. 16. In all cases where dollars are mentioned in this Act, coin Coin doldollars are meant.

lars meant.

CHAP. XXXIV.-An Act directing the Board of County Commissioners of Lander County to audit and allow certain claims.

[Approved February 23, 1869.]

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

directed to

allow

SECTION 1. The Board of County Commissioners of Lander CommisCounty are hereby directed to audit and allow the balance of the claim sioners of F. H. Harmon, Justice of the Peace of Austin Township Number audit and One, for the sum of one hundred and twenty-two dollars and forty claims. cents, and the balance of the claim of W. K. Logan, Justice of the Peace of Austin Township Number Two, for the sum of fifty-two dollars and forty cents, the same being their compensation in full for registering voters during the year A.D. 1866, at the rate of forty cents for each voter registered, wherein no poll tax was sold, and being the balance so due, and not allowed under the provisions of the Act as herein entitled, approved March 12, 1867.

Annual

election of Warden, etc.

how filled.

Rector to

preside, etc.

CHAP. XXXV.-An Act to amend an Act entitled "An Act for the Incorporation of the Protestant Episcopal Churches in the United States of America, in the Territory of Nevada," passed by the Legislative Assembly of the Territory of Nevada, and approved December 19, 1862.

[Approved February 23, 1869.]

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

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

Section Four. The persons qualified as aforesaid shall in every year thereafter, on the day in Easter week fixed upon for such purpose, elect the Church Wardens and Vestrymen, and whenever any Vacancies, vacancy shall happen before the stated annual election either by death or otherwise, among such Church Wardens or Vestrymen, the Trustees may appoint a time for holding an election to supply such vacancy, of which notice shall be given in the time of divine service, at least ten days previously thereto, and such election, as well as the stated annual election, shall always be holden immediately after the morning service of the church. At all such elections the Rector, or, if there be none, or he be absent, one of the Church Wardens or Vestrymen, shall preside and receive the votes of the electors, and shall be the returning officer, and shall enter the proceedings of the election in the book of the minutes of the vestry, and sign his name thereto, and offer the same to as many of the electors present as he shall deem proper, to be by them also signed and certified to. And the Church Wardens and Vestrymen chosen at any of the said elections shall hold their offices until the expiration of the year for which they shall be elected or chosen, and until others shall be elected in their stead; and they shall have power to call and induct a Rector to such church or congregaMajority of tion as often as there shall be a vacancy therein. A majority of the Trustees to whole number of Trustees, one at least of whom shall be a Church

form a

Board.

Rector to

preside, if present.

Proviso.

Warden, shall form a Board for the transaction of business, and every decision of a majority of the persons duly assembled as a Board shall be valid as a corporate act. And at all meetings of the Board of such Trustees, the Rector, if there be one, and he be present, and if there be not, or he be absent, then a Church Warden, shall preside, and shall have a casting vote; provided, however, that no special meeting of the Board other than a regular monthly meeting, which may be provided for by standing resolution, shall be held, unless at least three days' notice thereof shall be given in writing under the hand of the Rector or one of the Church Wardens; and that at any such special meeting no such Board shall be competent to transact any business unless the Rector, if there be one, be present.

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

CHAP. XXXVI.—An Act to confer upon Curtis H. Lindley, a minor, the powers, privileges and responsibilities of an adult.

[Approved February 25, 1869.]

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

SECTION 1. All duties, powers, privileges, and responsibilities per- Duties, taining to male citizens over the age of twenty-one years, except in powers, relation to the sale of real estate, are hereby conferred upon Curtis H. Lindley, a minor.

etc., of male

citizen con

ferred.

CHAP. XXXVII.—An Act to amend an Act entitled "An Act relating to Elections, the manner of conducting and contesting the same, election returns and canvassing the same, fraud upon the ballot box, destroying and attempting to destroy the ballot box, illegal or attempted illegal voting, and misconduct at elections,' approved March 9, 1866.

[Approved February 25, 1869.]

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

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

Manner of

canvass by Commis

Section Thirty. On the tenth day, or, if that day shall fall on Sunday, then on the Monday following, after the close of any election, or sooner, if all the returns be received, the Board of County Commis- sioners. sioners shall proceed to open said returns, and to make abstracts of the votes; such abstract of votes for member or members of Congress, shall be on one sheet; the abstract of votes for members of the Legislature shall be on one sheet; and the abstract of the vote for District and State officers, shall be on one sheet; and the abstract of the vote for county and precinct officers shall be on one sheet; and it shall be the duty of the Board of County Commissioners to cause a certificate of election to be made out by the respective Clerks of said Board of County Commissioners to each of the persons having the highest number of votes for members of the Legislature, District, County, and Precinct officers, respectively, and to deliver such certificate to the person entitled to it, on his making application to said Clerk at his office; pro- Proviso. vided, that when a tie shall exist between two or more persons for the Senate, or Assembly, or any other county or district officer, the Board of County Commissioners shall order their Clerk to give notice to the Sheriff of the county, who shall immediately advertise another election, giving at least ten days' notice; and it shall be the duty of the said Clerk of said Board of County Commissioners of such county, on

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