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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 Nevadı,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: Annual Section Four. The persons qualified as aforesaid shall in every election of Warden, year thereafter, on the day in Easter week fixed upon for such pur

pose, elect the Church Wardens and Vestrymen, and whenever any Vacancies vacancy shall happen before the stated annual election either by death how filled. or otherwise, among such Church Wardens or Vestrymen, the Trus

tees 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 Rector to of the church. At all such elections the Rector, or, if there be none, preside, et

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 to whole number of Trustees, one at least of whom shall be a Church

til form a

Warden, shall form a Board for the transaction of business, and every

decision of a majority of the persops duly assembled as a Board shall Rector to be valid as a corporate act. And at all meetings of the Board of such preside, if present.

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 Proyiso. 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 powerf.imale relation to the sale of real estate, are hereby conferred upon Curtis H. citizen conLindley, a minor.


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.)

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

do enact as follows :



canvass by Commis

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

Section Thirty. On the tenth day, or, if that day shall fall on Sun- Manner of day, then on the Monday following, after the close of any election, or e 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 haring 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


receipt of the returns of any general or special election, to make out his certificate of election, stating therein the compensation to which the Inspectors and Clerks of Election may be entitled by law for their services, and lay the same before the Board of Commissioners at their next session, and the said Board shall order the compensation aforesaid, if correct, to be paid out of the county treasury.

Sec. 2. Section thirty-one of said Act is amended so as to read as

follows: Abstract of Section Thirty-one. The Board of County Commissioners, after votes to be transmite making the abstract of votes as provided in section thirty (30), shall ted to the cause their Clerk to make a copy of said abstract, and transmit the Secretary of

same, by mail, or express, or special messenger, to the Secretary of State, at the seat of Government, and, on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court, and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and shall open and canvass the vote for member to Congress, District and State officers, and the Governor shall grant a certificate of election to, and commission the persons baving the highest number of votes; and shall also issue proclamation declaring the election of such persons. In case there shall be no choice, by rea

son of any two or more persons having an equal, and the highest numhoovernet ber of votes, the Governor shall, by proclamation, order a new election ; certificate provided, when an election for Electors of President and Vice-Presiof election

on, dent of the United States takes place, the vote therefor shall be canProviso. vassed in manner as aforesaid, on the fourth Monday after such election

is held.


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CHAP. XXXVIII.—An Act to incorporate the town of Gold Hill.

[Approved February 25, 1869.]

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

do enact as follows :


Town incor Section 1. For the purpose hereinafter mentioned, the inhabitants

of that portion of Storey County embraced within the limits hereinafter set forth in this section shall be a body politic and corporate, by the name and style of the “Inhabitants of the Town of Gold Hill,” and

by that name they and their successors shall be known in law, have Boundaries, perpetual succession, sue and be sued, in all Courts. The boundaries

of said incorporate town shall be: On the north by the southern line of Virginia City, in the county of Storey ; on the east by the boundary line between the counties of Storey and Lyon ; on the south by the boundary line between the counties of Storey and Lyon; and on the west by the boundary line between the counties of Storey and Washoe ; excepting from the above mentioned limits all the ground described as follows: Commencing at the intersection of Broadway and Carson Avenues, according to the survey and map of American City made by John Ostram and 6led in the Recorder's office of Storey County, and running thence south sixty degrees east, magnetic meridian, twenty chains ; thence, in a direct line southeasterly to the intersection of the

boundary line between Lyon and Storey Counties and American Ravine, running through American Flat to Silver City; thence in a southwesterly direction along said boundary line between Lyon and Storey Counties to the southwest corner of Storey County ; thence in a northerly direction along the boundary line between the counties of Storey and Washoe to the intersection of the Ophir Grade Toll Road; thence along said Ophir Grade Toll Road to a point north, sixty degrees west magnetic meridian, from the place of beginning; thence to the place of beginning.

Sec. 2. The said incorporate town is hereby divided into two Wards. wards, whose boundaries shall be as follows: First Ward shall embrace all that portion of said town lying north of a straight line crossing Main street at right angles at the point of intersection of center of Main and Crown Point streets. Second Ward shall embrace all that part of said town lying south of said line, extending to the eastern and western boundaries of said town.

SEC. 3. The corporate powers of said town shall be vested in a Board of Board of Trustees, to consist of five members, who shall be resident Trustees. householders of said town, and sball be chosen, three from the First Ward and two from the Second Ward. In addition to said Trustees there shall be a Treasurer and Marshal elected by the qualified voters of said town.

Sec. 4. The said officers shall hold their offices for the term of one Term of year, or until their successors are elected and qualified, except as here- office. inafter provided.

SEC. 5. No person shall be eligible to the office of Trustee, Treas- Eligible to urer or Marshal who shall not be a qualified elector of the State of office. Nevada, and who shall not have been an actual resident of said town of Gold Hill for the six months next preceding the election, or who shall hold any State, County, or Precinct office. Sec. 6. No person shall be allowed to vote at any election for said Voters,

alificaofficers who shall not be a qualified voter of the State of Nevada, and tion of. shall not have actually resided within the County of Storey six months, and within the town of Gold Hill for three months next preceding the election; and no person shall be allowed to vote except within the ward in which he resides and has resided for the last thirty days prior to the election.

Sec. 7. The general election shall be held on the first Monday of General May of each year.

SEC. 8. All provisions of law which now are, or hereafter may be, Laws appliin force, regulating elections and providing for registration of electors, cable to so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Board of Trustees of the town of Gold Hill shall for each election, two weeks Judges and prior to the same, publish notice that such election will take place, ap- eleck point three judges for each ward and designate the places for opening the polls. Within three days after each election, the judges and clerks of the same shall make out and sign and deliver to each person who shall have received the highest number of votes in each ward for Trustee, a.certificate of his election to said office. Immediately after the votes are counted in each ward, the judges and clerks shall make out a statement of the number of votes cast in each ward for the offices of Trustee, Treasurer and Marshal, and for each person severally, which statement shall be certified under oath by the majority of said judges, and they shall cause the same, together with the poll list and


clerks of




votes duly sealed up, to be delivered to the Board of Trustees of said town within three days after said election. Within two days after the receipt of the same, the said Board of Trustees shall proceed to ascertain from said statement what persons have received the highest number of votes for the offices of Treasurer and Marshal, and a certificate of election shall be issued by the clerk, by the direction of said Trustees, to the person receiving the highest number of votes for each of

said offices respectively. The clerk of said Board of Trustees shall Sealed

keep the sealed packages containing the ballots and poll lists for thirty packages.

days, when if no notice of any contested election shall have been

given, he shall destroy the same. Officers to

Sec. 9. The Trustees, Treasurer and Marshal, chosen at any qualify and

a election, shall be qualified, and enter upon the discharge of their duties enter upon duties. within one week after being notified of their election; and in case any

Trustee, Treasurer or Marshal shall fail to qualify within said time, his office shall be deemed vacant. All officers before entering on their

official duties shall take the official oath prescribed by law. President of Sec. 10. The Board of Trustees so elected shall, at their first meet

ing, or as soon thereafter as may be, elect one of their number as President, who shall, until removed by the Board, preside at their meetings, and discharge such other duties as may be prescribed by said Board of

Trustees. To fill

Sec. 11. When a vacancy shall occur in the office of Trustee, Treasurer, or Marshal, the Board of Trustees shall appoint some person to fill such vacancy, and such person so appointed shall hold his

office for the residue of the term of his predecessor. Board to. Sec. 12. The Board of Trustees shall have power to elect a clerk, elect certain

attorney, and policemen, and create and fill such other offices as a majority of such Board may deem necessary, who shall hold their respective offices for the term of one year from the general election, or until their successors are elected and qualified, unless they shall be sooner removed, for misconduct in office, neglect of duty, or other cause, or

said office is abolished. Regular Sec. 13. The Board of Trustees shall have regular meetings at Meetings.

least once each week, and such other meetings as by adjournment or resolution they may direct, and the President shall have power to call special meetings when he deems the same necessary.

Sec. 14. A majority of the Board of Trustees shall constitute a quorum to do business, but a less number may adjourn from time to time, and may compel the attendance of absent members by peremp

tory order, delivered to the Marshal, or by resolution imposing a fine. Rules, etc. Sec. 15. The Board of Trustees shall determine rules for the gov

ernment of their own proceedings, and shall be judges of the election and qualification of their members. All their meetings shall be public, except when the Board shall deem that the interests of the town require secrecy. A journal of all the proceedings of the Board shall be accurately kept by the clerk, and the ages and noes shall be taken upon any question, and entered upon the journal at the request of any member.

Sec. 16. The Board of Trustees shall have power: First, to Board.

make by-laws and ordinances not repugnant to the Constitution and laws of the State of Nevada. Second, to levy and collect taxes upon all property within the town, both real and personal, made taxable by the laws of the State of Nevada, for State and county purposes, which are now in force or which may hereafter be enacted, except the pro



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