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and costs thereon, then such Treasurer may bid for, and buy in, such parcel or parcels of property as others will not buy; and such Treasurer shall take certificates of sale, or deeds, for such property, as other private buyers, specifying the trust aforesaid; and such Treasurers, and their successors in office, shall hold the property so bought in by him, in trust, for the use and benefit of the State and county; and any officers having fees due them in such cases, subject to any redemption that may exist in such cases, or absolutely, as the law under which such property is sold may provide, subject, in all cases, to the trust aforesaid. In cases where, by law, the right of redemption exists, such redemption may be made from such Treasurer in the same manner, and upon the same terms, as Redemption, from any private buyer. When the time allowed by law for redemption shall have expired, and no redemption shall have been made, the officer who made such sale shall execute and deliver to such Treasurer, who bought in such property, a deed of the same, in trust, as aforesaid; and such Treasurer, and his successors in office, upon obtaining a deed of any property, When deed in trust, as aforesaid, under the provisions of this Act, shall hold such property in trust until the same is sold, when, upon an order entered upon the record of the proceedings of the Board of Commissioners of his county, such Treasurer, or his successor in office, for a consideration mentioned in such order, shall make, execute and deliver, upon the payment of such consideration to him, to any purchaser, an absolute deed, discharged of any trust, of the property mentioned in such order of the Commissioners.

in trust to be made.

collected

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SEC. 4. While such property is held in trust, as in this Act Rente, how provided, such Treasurer, or his successor in office, shall collect and paid out. any rents arising from the property purchased by him, as other private persons do, during the time such property is subject to redemption; and after the time of redemption has expired, until such property can be sold, he may rent the same, with the approval of the Board of Commissioners, for a price to be fixed in their minutes. Such rents shall be paid out by the Treasurer, or his successor in office, as follows: First-To the payment of the costs and taxes for which it was sold, with the per centage allowed for redemption. Second-To the payment of any taxes afterward accruing upon such property. ThirdAny balance shall be paid into the General Fund of his county. The price for which any, property shall be sold shall be appropriated in the same manner as the rents are directed to be paid in this section. The Treasurer, or his successor in office, shall file in the office of the County Auditor a monthly statement, on the first Monday in each month, of the amount of property sold and rents collected during the past month; and, upon any lected, to be money being paid him for purchase or rent, shall give a statement of the amount thereof to the person, who shall file the same with the County Auditor; and such Auditor shall give the person paying such money a receipt for the same, as having been paid to the Treasurer, and expressing the purpose or consideration upon which such payment was made.

Monthly

statement of
property
Bold and
rents col-

SEC. 5. The officer selling any property to a County Treasurer, in trust, as provided in this Act, shall embrace in one cer

day, to be

one certifi

tificate of sale all property bid off by such Treasurer in any Property bid one day; and, where sales are absolute, shall embrace in one off in one deed all property so sold in any one day, and, at the expiration embraced in of the time for redemption, shall in one deed convey, in trust, cate. to the Treasurer who bought such property, or to his successor in office, all property sold to such Treasurer and remaining unredeemed at any time after the expiration of the time for redemption; and the Recorder of the county shall record such certificates and deeds without payment of his fees until such property shall be sold or rented to pay the same.

to be

assessed.

SEC. 6. During the time any property is held in trust, under Property the provisions of this Act, it shall be annually assessed to such held in trust Treasurer, and his successors in office, in the same manner that annually the taxable property of private persons is assessed, except that such assessment shall express that it is made against him as a trustee. But no proceedings shall be taken to enforce the collection of such taxes against the trustee. When the property is sold or rented for sufficient to pay the taxes and costs legally chargeable against such property, then the same shall be, by the trustee, fully paid; and in case any parcel of property shall not bo of sufficient value to pay all the tax, costs and per centage legally chargeable against the same, then the Board of Commissioners, upon a sale of such property, may remit the balance of such taxes over and above its value.

etc., how

SEC. 7. The County Treasurer, for his services under this compensa Act, shall be allowed, upon the sale of any parcel of property tion, costs, held by him in trust, or out of its rents, a reasonable compensa- paid. tion for his trouble, to be fixed by the Board of Commissioners, in each case and out of the sale price or rents of any property of which he is trustee, the Treasurer shall pay the costs due any officers for the enforcement of the tax upon such parcel of property, and all taxes owing thereon, and upon the redemption of any property from him as trustee, shall pay the redemption money over to any officers having fees due them from such parcels of property, and pay the tax for which it was sold and redemption per centage according to the proportion such fees respectively bear to such tax. In no case shall any service ren- Service rendered by any officer under this Act, become or be allowed as a dered not to charge against the county, nor shall the sale price or rent or be a charge redemption money of any one parcel of property be appropri- county. ated to pay any cost or tax upon any other parcel of property than that so sold, rented or redeemed, and after paying all the tax and cost upon any one parcel of property, any balance remaining in the hands of the trustee shall by him be paid into the general fund of the county.

against

be conclusive

SEC. 8. Every deed derived from the sale of real property, under this Act, shall be conclusive evidence of the title, except Deed to be as against actual frauds, or pre-payment of the taxes by one evidence, not a party to the action, or judgment in or upon which such etc. sale was made, and shall entitle the holder thereof to possession of such property, which possession may be obtained by action in a Justice's Court for the unlawful withholding thereof, in the same manner as where tenants hold over after the expiration of their lease; provided, that the officer in selling such Proviso. property shall only sell the smallest quantity that will pay the

Treasurers liable on bond for

misfeasance,

etc.

judgment and all costs. All sales of real estate sold for taxes, except as in this section otherwise provided, shall be absolute. SEC. 9. Every County Treasurer and his successor in office, becoming trustees under the provisions of this Act, shall be liable upon his and their official bond for any misfeasance, malfeasance, failure or neglect to perform faithfully all the duties of their trust, under the provisions of this Act.

Controller

CHAP. LXXI-An Act for the Relief of J. F. Hatch.
[Approved March 1, 1866.]

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

SECTION 1. The Controller of State is hereby authorized to authorized draw his warrant in favor of J. F. Hatch, for the sum of three hundred dollars, payable out of the current expense fund, for services in Secretary of State's office for the months of January and February, 1866.

to draw warrant.

issue war

rant for

escaped prisoners.

CHAP. LXXII.-An Act concerning Escaped Prisoners, and the
Recaptare of the Same.

[Approved March 1, 1866.]

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

SECTION 1. Hereafter, when any prisoner or prisoners escape Warden may from the State Prison of this State, it shall be lawful for the Warden of the State Prison to issue a warrant for the recapture of said escaped prisoner or prisoners, which warrant shall have force and effect in any county in this State, and may command the Sheriff of any county in this State, or any Constable thereof, or any police officer of any city in this State, to arrest said prisoner or prisoners, and make return to the Warden, with the prisoner or prisoners who may be arrested under said

Expenses to

against the State.

warrant.

SEC. 2. Any and all expenses of enforcing the provisions of be charged this Act, or in any wise appertaining to the recapture and return of escaped convicts to the State Prison, shall be a charge against the State, and shall be paid out of the State Prison Fund; provided, however, that said escape be not the result of carelessness, incompetency, or other official delinquency, of the Warden, or other officers of the State Prison.

Proviso.

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CHAP. LXXIII. An Act making further Appropriation to
Defray the Expenses of the Nevada State Prison for the Fiscal
Year ending December 31, 1866.

[Approved March 1, 1866.]

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

SECTION 1. The sum of eight thousand dollars is hereby Appropriaappropriated, out of any moneys now in, or which may here- tion. after come into, the State treasury, in addition to the appropriation already made, to defray the expenses of the Nevada State Prison, for the fiscal year ending December thirty-first, eighteen hundred and sixty-six.

CHAP. LXXIV.—An Act to exempt Incorporated Cities and
Towns from the Payment of Costs in Certain Cases.

[Approved March 1, 1866.]

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

SECTION 1. In any suit commenced, or hereafter to be commenced, in any incorporated city or town of this State for the collection of delinquent taxes, no costs shall, in any event, be charged against, or collected from, such city or town.

Costs not to

be charged against city

or town.

CHAP. LXXV.-An Act to amend an Act entitled "An Act to Provide for the Formation of Corporations for Certain Purposes," approved March 10, 1865.

[Approved March 1, 1866.]

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:

Corporations

may be

Section One. Corporations for manufacturing, mining, mill- formed. ing, ditching, mechanical, chemical, building, navigation, transportation, farming, banking and for ore-reduction purposes, 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;

Proviso.

provided, that nothing in this section shall be so construed as to, authorize 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.

Punishment for prison breaking, etc.

CHAP. LXXVI.-An Act supplementary to an Act entitled "An Act concerning Crimes and Punishments," approved November 26, 1861.

[Approved March 1, 1866.]

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

SECTION 1. Every person lawfully confined in the State Prison of the State of Nevada, under judgment of imprisonment in said prison, who shall escape therefrom, or break out of such prison, or make any overt attempt to escape from or break out of such prison, shall, on conviction thereof, be punished by imprisonment in the State Prison not less than one nor more than ten years.

SEC. 2. Every person lawfully confined in a county jail, or Punishment in the custody of any officer or person, under a lawful arrest, from jail or who shall escape or break away from such officer or person, or officer. shall escape from or break out of, or attempt to escape from or

for escaping

Punishment

from State

Prison or jail.

break out of, such jail, shall, on conviction thereof, be punished by a fine of not less than one hundred, and not more than five thousand dollars, or by imprisonment in the county jail for a term not less than one month, and not more than one year, or by both such fine and imprisonment; and in case such person is under arrest, or confined in jail, upon a charge of felony, and so escape or break away from such arrest, or escape from, or break out of, or attempt to break out of, such jail, then, upon conviction, he shall be punished by imprisonment in the State Prison not less than one, nor more than ten, years.

SEC. 3. Any person confined in the State Prison of this State, for escaping or in any county jail, under a sentence of a Court of competent jurisdiction, who, during the term of his imprisonment, shall, after the passage of this Act, escape from such State Prison or county jail, and be retaken, may, upon conviction thereof, be imprisoned in the State Prison for a term not exceeding ten years, nor less than one year, which term of imprisonment shall commence at the expiration of the term for which he shall have been sentenced for the original offense.

Expenses

and costs, how paid.

SEC. 4. The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, the State Prison, or attempting so to do, or for the commission of any

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