to have such powers as hereinafter provided; provided, that in any county where, at the last General Election, there were polled four thousand or more votes, such Board shall consist of five members. At the General Election, in A.D. eighteen hundred and seventy, and at such election held every two years thereafter, there shall be elected in such county, one Commissioner to serve upon the Board of County Commissioners for the term of four years; and a term of four years shall be known both in this Act, and for the purpose of the election of County Commissioners, as the long term; and the other Commissioner or Commissioners, as the case may be, necessary to fill the Board, shall, at said election, be elected to serve upon the Board for the term of two years; provided, that in any county or counties which Proviso. are, or shall be, under the provisions of this Act entitled to a Board, consisting of five County Commissioners, two of the Commissioners shall be elected to serve upon the Board for the long term. In any county wherein at the last, or any future General Election there were, When or shall be polled for the first time, four thousand or more votes, the Board to be Board shall be increased to five members by appointment of the Gov- number. ernor; and such appointees shall hold their offices until the first Monday of January following the then next General Election; and at such next General Election in such county or counties, five County Commissioners shall be elected as provided in this section of this Act. Any vacancy or vacancies occurring in any Board of County Commis- Vacancies, sioners shall be filled by appointment of the Governor, and such appointee or appointees shall hold his or their offices until the first Monday of January following the then next General Election, except as provided otherwise in this Act. SEC. 2. Section two of said Act is hereby amended so as to read as follows: increased in how filled. terms of Section Two. Said Commissioners shall be qualified electors of Qualificatheir respective counties, and shall enter upon their duties on the first tions and Monday of January succeeding their election, and shall hold their office. offices two or four years, as the case may be, as provided in this Act; and the term of office of two years, or four years, as the case may be, shall expire at twelve o'clock P.M. of the day preceding the first Monday in January following a General Election. No county or township officer shall be eligible to the office of Commissioner. On entering upon the discharge of the duties of his office, each Commissioner, whether elected or appointed under the provisions of this Act, shall take and subscribe to the oath of office as prescribed by law; provided, Proviso. that in case such Commissioner shall neglect or refuse, during the period of fifteen days from and after the first Monday of January succeeding his election, to take the oath of office, as herein directed, his office shall be deemed vacant, and such vacancy shall be filled by appointment as provided in Section One of this Act; and provided fur- Proviso. ther, that the term of office of a person appointed to the office of County Commissioner shall not, by virtue of the appointment, extend beyond the hour of twelve o'clock P.M. of the day preceding the first Monday of January next following a General Election. SEC. 3. Section seventeen of said Act is amended so as to read as follows: tion. Section Seventeen. Each member of the Board of County Com- Compensamissioners shall be entitled to receive for his services, for each day's necessary attendance, not including Sundays, on the business of the county, a sum to be fixed by the Board; said sum not to exceed in the Proviso. aggregate during any one year, six hundred dollars to each member of said Board; and he shall receive twenty cents per mile for each mile necessarily traveled in going to and returning from the county seat to attend any session of said Board; provided, that no charge shall be made for more than one trip going and returning from the residence of such Commissioner at each session held; and provided further, that no Commissioner shall be allowed any compensation for services by for services reason of his being on any committee appointed by the Board, or for any other case except as hereinafter provided. Not to be al lowed compensation on commit tee. Repeal. SEC. 4. Section eighteen of the Act, of which this is amendatory, is hereby repealed. Treasurer's compensa tion for collecting State Taxes. Salary 6 CHAP. XLVI.—An Act [to] amend Section 84 of an Act entitled "An Act to amend An Act to provide Revenue for the support of the Government of the State of Nevada,' approved March 9th, 1865," approved February 24th, 1866. [Approved February 27, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section eighty-four of said Act is hereby amended so as to read as follows: Section Eighty-four. The several County Treasurers in this State shall be allowed, for collecting all State taxes, excepting poll-taxes, school tax, passenger tax, stamp tax, personal property tax collected by the Assessor, and the tax from the proceeds of the mines, four per cent. for all moneys collected and paid to the State Treasurer, and all moneys now in the Treasurer's Salary Fund of the respective counties heretofore accrued for taxes collected and paid over to the State, shall be paid to the said County Treasurers upon their salaries as the same Treasurer's shall accrue. From all county revenues paid into the County Treasury four per cent. of the amount shall be set apart into the Treasurer's Salary Fund; provided, that whenever, at the end of any fiscal year, there shall remain any moneys in said fund after paying the Treasurer's salary, the Board of County Commissioners shall order the money so remaining to be transferred into the General County fund; and provided further, that whenever, at the end of any fiscal year, there shall not be sufficient money in said fund to pay said salary, the Board of County Commissioners shall set apart, from any moneys in the General County Fund, not otherwise specifically appropriated, an amount sufficient to pay said salary. No warrants shall be drawn on said fund except to pay the County Treasurer's salary. Proviso. Proviso. CHAP. XLVII.-An Act to amend an Act entitled "An Act to provide for the formation of corporations for certain purposes," approved March 10th, 1865. [Approved February 27, 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 amendatory, is hereby amended so as to read as follows: for which be formed. Section One. Corporations for manufacturing, mining, milling, ditch- Purposes ing, mechanical, chemical, building, navigation, transportation, farming, corporabanking, hotel and inn-keeping, and ore reduction purposes, or for the tions may purpose of engaging in any other species of trade, business or commerce, foreign or domestic, may be formed according to the provisions of this Act. Such corporations, and the members thereof, being subject to all the conditions and liabilities herein imposed, and to none others; provided, that nothing in this section shall be so construed as to author- Proviso. ize the formation of banking corporations for the purpose of issuing or circulating money or currency within this State, except the Federal currency and the notes of banks authorized under the laws of the Congress of the United States; nor shall bank notes or paper of any kind be permitted to circulate as money in this State, other than the Federal currency and the notes of banks authorized by the laws of the Congress of the United States. CHAP. XLVIII.—An Act supplementary to an Act of the Governor and Legislative Assembly of the Territory of Nevada, approved November 21st, 1861, entitled "An Act defining the time of commencing civil actions." [Approved February 27, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. No action for the recovery of real property, or for the Actions for the recovrecovery of the possession thereof other than mining claims, shall be ery of real maintained, unless it appear that the plaintiff, his ancestor, predecessor property or grantor was seized or possessed of the premises in question, within maintained. five years before the commencement thereof. when to be SEC. 2. This Act shall be in force and take effect from and after When to its passage, except as to any actions now pending in any of the Courts take effect. of this State. Deeds of minors for interest in mining valid. CHAP. XLIX.-An Act concerning conveyances of mining locations and claims by minors. [Approved February 27, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. In all cases in this State since the first day of July, A.D. 1867, where minors over the age of eighteen years have sold interests acquired by them in mining claims or locations by virtue of claims held their having located such claims, or having been located therein by others, and have executed deeds purporting to convey such interests, such deeds, if otherwise sufficient in law, shall be held valid and sufficient to convey such interest fully and completely, notwithstanding the minority of the grantor, and without any power or right of subsequent revocation; provided, that this section shall not apply to cases where any fraud was practiced upon such minor, or any undue or improper advantage was taken by his purchaser or any other person to induce such minor to execute such deed; and, provided further, that this section shall not apply to, or affect any suits which may now be pending in any of the Courts of this State, in which the legality or validity of such deeds may be involved. Proviso. Not to affect suits pending. Minors empowered to claims or locations. SEC. 2. All minors in this State, over the age of eighteen years, sell and con- are hereby authorized and empowered to sell and convey by deed such vey mining interests as they may have acquired, or may hereafter acquire, in mining claims or mining locations within this State by virtue of locating the same, or being located therein, and such deed shall, if otherwise sufficient in law, be held valid and sufficient to convey such interest fully and completely, and without the right of subsequent revocation, notwithstanding the minority of the grantor, subject, however, to the same provisions and limitations contained in the first section of this Act. Fines to be paid into the State Treasury. CHAP. L.-An Act to amend an Act entitled “An Act in relation to Fines," approved January 28th, 1867. [Approved March 1, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section One. All fines imposed and collected under, and for violation of, any penal law of this State, shall be paid into the State Judgment Treasury, as other State revenues are, and shall be applied to educamay include tional purposes. A judgment that the defendant in a criminal case pay cost. a fine may also include, as part of such judgment the fees or costs, fees and fine and allowed by law to Justices of the Peace, Recorders, Clerks, Peace officers, and District Attorneys. The amount of fine and of costs shall be Amount of separately stated in the judgment, and the Court shall by such judg- costs to be ment direct that if the judgment or any part thereof is not paid, the separately defendant be imprisoned one day for each two dollars of the judgment judgment. not paid. stated in CHAP. LI.-An Act to create the office of State Mineralogist, and define the duties of such officer. [Approved March 1, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: Office created. SECTION 1. The office of State Mineralogist is hereby created. SEC. 2. A. F. White is hereby appointed State Mineralogist. He Mineraloshall hold said office until his successor shall have been elected and gist appointed. qualified as hereinafter provided. SEC. 3. At the general election in the year one thousand eight hund- Election. red and seventy, and every four years thereafter, there shall be elected, by the qualified electors of the State of Nevada, a State Mineralogist, who shall qualify and enter upon the discharge of his official duties on the first Monday of January next succeeding his election; and who shall hold said office for four years thereafter, and until his successor shall have been elected and qualified. etc., at seat SEC. 4. He shall reside and keep his office at the seat of govern- To reside, ment of this State, except when absent on official duty within the State. of govern He shall be commissioned by the Governor, and shall take and sub- ment. scribe thereon the oath of office prescribed by the law. SEC. 5. He shall receive as salary the sum of three thousand six Salary, etc. hundred dollars per annum, payable quarterly. All the necessary actual contingent expenses of his office, the expense of an appropriate outfit, and his necessary traveling expenses, shall be allowed by the Board of Examiners, and audited and paid as are other claims against the State. SEC. 6. It shall be his duty to visit and examine, with reference to Duties. their mineral, agricultural and other resources, the different portions of the State, and collect such mineralogical, geological and other valuable specimens, and also such information as is of scientific interest, or which may have a practical bearing upon the subject of mines and mining, agriculture and other resources, and industrial pursuits of the State. He shall visit the several mining districts in each county, ascertain and record their history, describe their prevailing geological formation and altitude, the characteristics of the mines, peculiarities of the ores, products, richness and developement; also, he shall ascertain the To ascertain locality, probable quantity and character of all the arable, grazing and lands. timbered lands belonging to the United States within the bounds of Nevada, and from time to time report the same to the authorities hav- Report to ing charge of the public lands belonging to the State, for their informa- authorities. tion; particularly recommending to them for selection such portions as character of |