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Authorized to audit

and allow claims.

CHAP. XCVI.-An Act to amend an Act entitled "An Act defining the duties of the State Controller," approved February 24, 1866.

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

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

Section Five. He shall audit all claims against the State, for the payment of which an appropriation has been made, but of which the amount has not been definitely fixed by law, and which shall have been examined and passed upon by the Board of Examiners, or which shall have been presented to said Board, and not examined and passed upon by them with [in] thirty days from their presentation; and he shall allow of said last mentioned claims, (not passed upon by the Board of Examiners within said thirty days after, after, presentation) the whole, or such portion thereof, as he shall deem just and legal, and of claims examined and passed upon by the Board of Examiners, such an amount as he shall decree just and legal, not exceeding the amount allowed by said Board. And no claim for services rendered or advances made to the State or any officer thereof, shall be audited or allowed unless such services or advancement shall have been specially authorized by law, Allowed to and an appropriation made for its payment. For the purpose of satisfying himself of the justness and legality of any claim, he shall be allowed to examine witnesses under oath, and to receive and consider documentary evidence in addition to that furnished him by the Board of Examiners. He shall draw warrants on the Treasurer for such amounts as he shall allow of claims of the character above described, and also for all claims of which the amount has been definitely fixed by law, and for the payment of which an appropriation shall have been made.

examine

witnesses,

etc.

To draw warrants.

}

SENATE CHAMBER, CARSON CITY,
March 3, 1869. S

This is to certify that Senate Bill No. 152, An Act to amend an Act entitled "An Act defining the duties of the State Controller," approved February 24, 1866, passed the Senate this day notwithstanding the objections of the Governor, by the following vote: Yeas, 16; nays, 3. JAMES S. SLINGERLAND,

CHAS. F. BIcknell,

Ass't Secretary of the Senate.

President of the Senate.

ASSEMBLY CHAMBER, CARSON CITY,

March 3, 1869.

}

This is to certify that Senate Bill No. 152, An Act to amend an Act entitled "An Act defining the duties of the State Controller," approved February 24, 1866, passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 31; nays, 2. D. O. ATKISON, Speaker of Assembly.

A. H. KIRKPATRICK,

Ass't Clerk of the Assembly.

CHAP. XCVII.-An Act supplementary to an Act entitled "An
Act to create Legislative Funds," passed February 5, 1869.

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

SECTION 1. All warrants drawn against the Legislative Fund cre- Warrants, how paid. ated by the Act to which this Act is supplementary, and registered as not paid for want of funds, shall be paid as funds accrue in said fund, both principal and interest, out of said fund, in the order of registry; and if any warrant or warrants, drawn against or payable out of said fund, cannot be paid out of the same by reason of the entire exhaustion thereof, all such warrants, both principal and interest, shall be paid out of the General Fund, and the same shall, immediately after the exhaustion of said special fund, be deemed and held as registered for payment out of the general fund, and paid therefrom in their proper order. SEC. 2. The appropriation made by the Act to which this is sup- Appropriaplementary, shall also be deemed an appropriation for the actual ex- deemed. penses of the members of the Legislature, for express charges, newspapers, postage and stationery, to an amount not exceeding sixty dollars for each member, as authorized by Sec. 33 of Art. 4 of the Constitution and all warrants drawn on account of said expenses shall be paid out of the Legislative Fund.

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This is to certify that Senate Bill No. 138, an Act supplementary to an Act entitled "An Act to create Legislative Funds," passed February 5, 1869, passed the Senate this day, notwithstanding the objections of the Governor, by the following vote-Yeas, 19; Nays, 0.

tion, what

Certificate.

JAMES S. SLINGERLAND,

President of the Senate.

CHAS. F. BICKnell,

Asst. Secretary of the Senate.

ASSEMBLY CHAMBER,

Carson City, March 3, 1869.

This is to certify that Senate Bill No. 138, an Act supplementary to an Act entitled "An Act to create Legislative Funds," passed February 5, 1869, passed the Assembly this day, notwithstanding the objections of the Governor, by the following vote: Yeas, 32; Nays, 1. D. O. ATKISON, Speaker of the Assembly.

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Certificate.

When pro

aiding railroad to be submitted to voters.

Proviso.

CHAP. XCVIII.-An Act to submit to the People of the Counties of Elko, White Pine, Nye and Lincoln, a proposition to give County aid to a Railroad from Elko to the Colorado River.

[Approved March 6, 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 position for of this Act, the Colorado and Nevada Railroad and Navigation Company, a corporation organized under the laws of this State, shall complete a final locating survey of a railroad from a point near Elko, on the Central Pacific Railroad, passing through the counties of White Pine, Nye and Lincoln, to a point on the Colorado, as set forth in the articles of association of said company, and shall file with the Board of County Commissioners of all or either of said counties a profile map of said locating survey, certified to as correct, and verified by the oath of a competent civil engineer, and shall request in writing of all or either of said Boards of Commissioners that they submit to the people of their respective counties a proposition for aiding said railroad by the bonds of said county or counties to a given amount therein named, it shall be the duty of all or either of said Boards to forthwith order an election by the qualified voters of the county, upon the proposition to grant aid in the amount requested; provided, that the said amount shall not in the county of White Pine exceed the sum of three hundred thousand dollars; nor in the county of Nye the sum of one hundred and fifty thousand dollars; nor in the county of Lincoln the sum of two hundred thousand dollars; nor in the county of Elko the sum of one hundred and fifty thousand dollars; provided, that the Corporation Board of Commissioners in either of said counties shall not be required to make the said order for any specified election, until the said corporation shall file with them a good and sufficient bond to be approved by them, conditioned that in event the said proposition for aid shall be rejected by the voters of the county at the election, then, and in that event, the corporation will pay to said county within thirty days after the result shall be declared, all the legal and necessary expenses incurred by the county at such special election. SEC. 2. The order shall be made by the Board within five days from the date of the application; and it shall direct the election to be held within not less than forty, nor more than fifty days from the date of making the order; and the order specifying the proposition to be voted upon, shall be published in each newspaper published in the county, or if there be none, in some newspaper circulating therein, for not less than three weeks next preceding the election, and shall be otherwise published in such manner as the Board shall deem best calculated to give full notice thereof.

Bond of

to be filed.

Order to be made and published.

Election,

how conducted.

SEC. 3. At said election no person except qualified registered electors of the county shall vote; and the said election shall, except as qualified in section two of this Act, in respect to the registration of voters, the precincts, officers, and mode of conducting the same, and of certifying the results, be subject to the regulations governing a general election, as now or hereafter prescribed by law.

SEC. 4. At said election each vote shall have written or printed Ballots, etc. upon it the words "Railroad Appropriation-Yes," or "Railroad Appropriation-No." If a majority of the votes polled in the county shall have upon them "Railroad Appropriation-No," then no further proceedings shall be taken in said county under the provisions of this Act. If a majority of the votes so cast in any county shall have upon them "Railroad Appropriation-Yes," then the Board of Commissioners of said county shall proceed as hereinafter directed.

issue bonds.

SEC. 5. Whenever, after the vote in any county in favor of the ap- When propriation, the said company shall have graded and fitted to receive Board to the iron superstructure,—if in the county of Elko, of thirty miles; if in White Pine County, of fifty miles; if in Nye County, of thirty miles; or if in Lincoln County, of forty miles of the said Railroad, and an affidavit of that fact, made by a competent civil engineer, or certificate of the County Surveyor to the same, shall be filed with the Board of Commissioners, the Board shall forthwith cause to be prepared, issued and delivered to said company, for its benefit, the bonds of said county, to the amount named in the appropriation voted. The said bonds shall Bonds, how be of such convenient amounts, not less than one thousand or more than issued, and five thousand dollars, as the Commissioners shall direct. They shall be ble. payable in gold coin, fifteen years from their date, with interest payable semi-annually, in gold coin, at the rate of seven per cent. per annum. They shall each be signed by the President of the Board, and counter- How signed by the Treasurer of the County, and interest coupons shall be signed, etc. attached, signed by the President of the Board, for the semi-annual interest.

how paya

to be levied.

SEC. 6. From and after the issuance of said bonds, the Board Special tax of Commissioners of the county shall annually, at the same time and in the same manner as other county taxes are levied, levy a special county tax, sufficient in amount to pay the semi-annual interest upon said bonds; and after the third year from their issuance, an amount sufficient to pay, in addition to the interest, one twelfth part of the principal of said bonds; and the faith of the State of Nevada is hereby pledged that this Act shall not be repealed or so modified as in any way to impair the security of those who shall hold or purchase the bonds herein provided for.

SEC. 7. The proceeds of said tax shall be placed by the County Railroad Treasurer in a separate fund, to be known as the "Railroad Interest Interestand Sinking Fund," and shall be applied, first, to the payment of the ing Fund. interest on said bonds as the same shall become due; and second, to the redemption of said bonds in the manner specified in the next section.

SEC. 8. Whenever after the third year from the issuance of said Surrender bonds all interest due upon said bonds shall have been fully paid, and of bonds. there shall be in said fund a surplus of five thousand dollars or upwards, which, upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of the future interest to accrue within the next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of said surplus, shall insert an advertisement in at least one newspaper published in said county, for the period of not less than two weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and Sealed filed with the clerk of said Board on or before a day certain therein proposals. named. At the next meeting of the Board after said day, the Board Proposals shall open such sealed proposals as shall have been filed on or before opened.

the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds.

Hamilton City incorporated.

CHAP. XCIX-An Act to incorporate the town of Hamilton.

[Approved March 6, 1869.]

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

SECTION 1. For the purpose hereinafter mentioned, the inhabitants of that portion of Lander 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 Hamilton City," and by that name they and their successors shall be known in law, have perpetual Boundaries. succession, sue and be sued in all Courts. The boundaries of said incorporate city shall be as follows, viz: Commencing at a point two hundred feet north of Hamilton upper spring, and running west one mile, thence south one mile, thence east two miles, thence north one mile, thence west one mile to the place of beginning.

Corporate

powers,

SEC. 2. The corporate powers of said city shall be vested in a how vested. Board of Trustees, to consist of five members, who shall be resident householders of said city. In addition to said Trustees, there shall be a Treasurer, Assessor and Marshal elected by the qualified electors of said city.

Term of office.

Eligible to office.

Voters, qualifica

tions of.

General
Election.

Laws

applicable

Clerks of

SEC. 3. The said officers shall hold their offices for the term of one year, and until their successors are elected and qualified, except as hereinafter provided.

SEC. 4. No person shall be eligible to the office of Trustee, Treasurer, Assessor or Marshal, who shall not be a qualified elector of the State of Nevada, and who shall not have been an actual resident of the said Hamilton City for three months next preceding the election.

SEC. 5. No person shall be allowed to vote for said officers who shall not be a qualified voter of the State of Nevada, and shall not have actually resided at Hamilton City for three months next preceding the election.

SEC. 6. The general election shall be held on the first Monday of June of each year.

SEC. 7. All the provisions of law now in force, and of all laws to elections, which may be hereafter enacted regulating elections in the State of Nevada, so far as the same are consistent with the provisions of this Act, shall apply to the election of officers herein provided for. The Judges and Board of Trustees of Hamilton City shall, for each election, at least three days prior to the same, appoint three Judges, and shall designate the place for opening the polls. Within two days after each election, the Judges and Clerks of the same shall make out, sign and deliver to such of the Trustees receiving the highest number of votes, the certificate of their election to such office. Immediately after the votes are

elections.

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