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Sec. 7. Whenever all interest due upon said bonds shall have been Surplus not fully paid, and there shall be in said fund a surplus, which upon a fair Sealed proestimate of the receipts, which will probably come into the same, will posals for
surrender not be needed for the payment of the future interest to accrue within of bonds the next succeeding twelve months, the Board of Commissioners, after invited. 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 filed with the Clerk of said Board on or before a day certain, therein named. At the next Proposals meeting of the Board after said day, the Board shall open such sealed opene proposals as shall have been filed on or before 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 Proviso. no offer shall be accepted for more than the par value of the said bonds.
CHAP. VIII.-An Act to establish the financial transactions of
the State upon a coin basis.
[Approved February 2, 1869.]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows :
SECTION 1. From and after the first day of January, A.D. eighteen Salaries, hundred and sixty-nine, all salaries, fines, fees, imposts and dues of etora
paid in coin. whatsoever description, whether State, county, township, or municipal, shall be payable in United States gold and silver coin.
SEC. 2. All taxes which may hereafter be levied, whether State, Taxes to be county or municipal, shall be levied, assessed and collected in United States gold and silver coin.
Sec. 3. The State Treasurer, by and with the advice and consent Treasurers of the Board of Examiners; and the Treasurers of the several coun- required to ties, by and with the advice and consent of the Board of County Com- currency missioners; and the Treasurers of municipalities, by and with the into coin.. advice and consent of the Board of Aldermen, or Board of Trustees, within the State, are hereby authorized and required to convert the legal tender paper currency, not required for the payment of claims, as provided in Section four of this Act, which now is, or hereafter shall be, paid into any fund in either respective treasuries, into the United States gold and silver coin.
Sec. 4. Nothing contained in this Act shall be so construed as to Act not to affect any claim against the State, or any county, township or munici- affect claims
prior to pality, contracted prior to the first day of January, A.D. eighteen hundred June 1, 1869. and sixty-nine; but all such claims shall be paid in the legal tender paper currency of the United States.
SEC. 5. All Acts and parts of Acts in any wise conflicting with or Repeal. repugnant to any of the provisions of this Act, are hereby repealed.
CHAP. IX.–An Act for the purpose of placing the finances of
Lyon County upon a permanent cash basis, and to provide for the payment of the outstanding indebtedness of the said County.
[Approved February 4, 1869.1
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows :
Treasurer SECTION 1. From and after the passage of this Act, it shall be prohibited from paying umawiar for
& unlawful for the Treasurer of Lyon County to pay any account or warrants. accounts of said county, allowed or audited prior to the passage of
this Act, except in the manner hereinafter provided. • Redemp-, SEC. 2. The Board of County Commissioners of Lyon County are tion Fund created.
hereby authorized and required from and after the passage of this Act, to create in the County Treasury a fund to be known as the Redemption Fund of said county. Out of the amount of tax allowed by law
to be levied for general county purposes, said Commissioners shall Tax appor. apportion annually, to the said Redemption Fund, forty (40) cents on tioned.
each one hundred dollars valuation of the taxable property of said county, until the indebtedness hereinafter provided for, to wit: thirtytwo thousand dollars, ($32,000) as principal, and no more, is fully paid. Said tax shall be levied, assessed and collected at the same time and in like manner, as other State and county taxes; and the
amount of tax so apportioned and collected shall be placed in said ReDisbursed. demption Fund as soon as paid into said Treasury. The moneys
placed in the Redemption Fund created by this Act, shall be disbursed
only as hereinafter provided. Duty of SEC. 3. Whenever at any time there shall be in said Redemption Treasurer.
Fund five hundred dollars, ($500) or more, it shall be the duty of the County Treasurer of said county to give fifteen days' notice, by publication in some newspaper published at the county seat of said county ; or if there is no newspaper published at the county seat of said county,
then said notice shall be published in some newspaper in Storey County, Proposals of general daily circulation, that sealed proposals directed to him will
be received for the surrender of the accounts allowed and audited prior :.accounts to the passage, or under the provisions of this Act; and that said pro.
posals will be received by him until the next regular meeting of the
Board of County Commissioners of said county thereafter. Proposals SEC. 4. On the first day of such regular meeting of such Board of
County Commissioners, they, together with the County Auditor and
County Treasurer, shall attend at the office of the latter, then and there Lowest bid open all sealed proposals, and accept the lowest bids for the surrender to be ac
of county accounts allowed and audited as specified in the preceding cepted.
section; provided, that no bid for more than par value shall be accepted by them, nor any bid, unless accompanied by the account or accounts allowed and audited against said county, proposed to be surrendered.
Sec. 5. All outstanding accounts allowed and audited against said Accounts classified. county are hereby divided into three classes ; all accouuts audited prior
to the first day of January, one thousand eight hundred and sixty-seven, (1867) shall be deemed the first class; and all audited from the first day of January, one thousand eight hundred and sixty-seven (1867) to the first day of January, one thousand eight hundred and sixty-eight (1868)
for surrender of
shall be deemed the second class; and all audited subsequent to said date last named shall be deemed the third class.
Sec. 6. On the acceptance of any bid or bids, made in pursuance Preference of the provisions of this Act, the County Commissioners shall give a of cle preference of fifteen (15) per cent. to audited accounts of the first class, over and above those of the second and third class; and a prefer. ence of ten (10) per cent. to those of the second class, over and above those of the third class.
Sec. 7. When any bid or bids are accepted the County Auditor Accepted and County Treasurer shall each take a description of the account or accounts, so allowed and audited to be redeemed, specifying the amount or amounts to be paid for the same, the date, number and amount thereof, and make a record of the same in their respective offices, and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the account or accounts designated in the accepted bid or bids, and pay for the same in legal tender notes or greenbacks at par, out of the Redemption Fund aforesaid, and all accounts, reference being had to the preference of class, allowed or audited, so redeemed, shall be canceled by the County Treasurer, by Accounts to writing across the face thereof, in red ink, “ Purchased and Redeemed,” be canceled. adding thereto the time when, and the amount paid therefor, and signing the same officially. The order of the Board of County Commis- Vouchers. sioners aforesaid, together with the record made by the County Auditor, as herein required, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids specified in this Act being Preference. equal, preference shall be given to the smallest amount. That shall Lowest bid. be deemed the lowest bid which offers the largest amount of audited accounts for the least sum of money. The bids and amounts being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as near as practicable. The County Treasurer Treasurer shall return all unaccepted bids, together with the account or accounts accounts. therein contained, to the owners upon demand. The County Treasurer etc. shall keep a separate account, under the head of “ Redemption Fund," Separate
accounts to of all moneys received into and a correct account of all moneys paid be kept. out of said fund, and to whom paid. In the register hereinbefore provided he shall write opposite each account redeemed, under the provisions of this Act, the word “Purchased," and shall also state the amount paid therefor. Sec. 8. When any claim against said county, which accrued prior Claims pur
chasable to the passage of this Act, is allowed by the Board of County Commis- cu
out of Resioners of said county, and audited by the Auditor of said county, demption
Fund. after the passage of this Act, the same shall be allowed, and purchasable out of the Redemption Fund of said county, and all certified evidences of such indebtedness, allowed and audited as aforesaid, shall be drawn upon and purchasable out of said “ Redemption Fund,” in the same manner provided for by this Act for the purchase of the audited accounts specified, with moneys of said county in said “Redemption Fund.”
Sec. 9. No audited account or accounts shall be purchased or re- Commisdeemed under the provisions of this Act, unless the same shall have sioners to
pass on been allowed according to law; and it is hereby made the duty of the legality of Board of County Commissioners to pass upon the legality of the same, before the same shall be purchasable or redeemed.
Sec. 10. Should there at any time be gold or silver remaining in Coin to be said " Redemption Fund,” it shall be the duty of the County Treasurer, sold for
When money to be
Legal Ten- by order of the Board of County Commissioners of said county, to sell
the said gold or silver, thereby reducing the same to legal tender notes or greenbacks, paying the same amount, together with the amount realized from such sale, into the said " Redemption Fund” of said county.
Sec. 11. All moneys remaining in the Treasury, after the payment transferred of the principal and interest of the indebtedness provided for in this Act, to General shall be transferred, by order of the Board of County Commissioners,
to the General Fund of Lyon County.
Sec. 12. This Act shall take effect from and after its passage.
CHAP. X.-An Act to create Legislative Funds.
The People of the State of Nevada, represented in Senate and Assembly,.
do enact as follows :
State Legis- SECTION 1. For the purpose of paying the salaries of the memlativo Fund bers and attachés of the present Legislature, the mileage of the memcreated.
bers, and the incidental expenses of the same, the State Treasurer is hereby authorized and required to set apart from the first moneys coming into the General Fund, not otherwise specially appropriated, the sum of sixty-five thousand dollars, in gold coin, which shall constitute a fund to be denominated “ The State Legislative Fund.” Any deficiency that may exist in the “ Legislative Fund” of the last session may also be paid out of “Legislative Fund” hereby created. The State Controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attachés of the present Senate and Assembly for mileage and compensation due, when duly certified to him in accordance with law; provided, said warrants shall bear interest at the rate of fifteen per cent. per annum from date until paid, or advertised for payment, as provided in Section No. 4.
SEC. 2. The State Controller is hereby authorized and required to
draw his warrant, payable out of the State Legislative Fund created to draw
by the preceding section, in the sum of five thousand dollars, in favor of the Sergeant-at-Arms of the Assembly, and in the sum of four
thousand dollars, in favor of the Sergeant-at-Arms of the Senate ; Interest. said warrants to bear interest at the rate of fifteen per cent. per an
num from date until paid, as provided in Section four of this Act, for the purpose of defraying the incidental expenses of the two Houses; said amounts to be held by those officers and paid out by them in such
manner as their respective bodies shall by resolution direct. Said Exempt
amounts are hereby exempted from the operation of an Act entitled from opera- “ An Act relating to the Board of Examiners, to define their duties tion of Act relating to
and powers, and to impose certain duties on the Controller and TreasBoard of urer," approved February seven, A.D. one thousand eight hundred and Examiners. Balance re- sixty-five. Any balance remaining in
sixty-five. Any balance remaining in the hands of either Sergeant-atmaining to Arms upon the adjournment of the Legislature, shall be paid to the be paid to Treasurer. State Treasurer and revert to the General Fund.
Sec. 3. Any moneys that may remain in the fund created by this Moneys remaining to Act, after the payment of all warrants drawn or directed to be drawn
upon said fund prior to the adjournment of the Legislature, shall re- revert to vert to the General Fund.
Fund. Sec. 4. The State Treasurer shall number and register in the Duty of order of presentation in a book to be provided by him, all the warrants
urer. presented to him drawn by the State Controller on the Legislative Fund and Legislative Contingent Funds, and whenever there shall be the sum of five thousand dollars in the hands of the Treasurer, he shall give notice on a bulletin board in his office, setting forth the fact, Bulletin
board. and that warrants bearing certain numbers and date shall be presented for payment, and upon presentation will be paid by him, and said warrants so advertised for payment shall cease bearing interest from the date of such notice. Sec. 5. Nothing contained in this Act shall affect the provisions Not to affect
salaries of of an Act entitled “ An Act to provide for the payment of the salaries the Judges of the Judges of the Supreme Court of the State of Nevada,” passed Supre February twenty-first, one thousand eight hundred and sixty-six.
State of NEVADA, CARSON City, I
Assembly Chamber, February 5th, 1869.5 This is to certify that Assembly Bill No. 1, entitled “ An Act to Certificate. create Legislative Funds," has this day passed the Assembly, notwithstanding the objections of the Governor, by the following vote : Yeas, 35; nays, 1.
D. O. ADKINSON,
Speaker of the Assembly. A. WHITFORD, Clerk of the Assembly.
STATE OF NEVADA, Carson City, ?
Senate Chamber, February 5th, 1869. S This is to certify that Assembly Bill No. 1, entitled “ An Act to Certificate. create Legislative Funds,” has this day passed the Senate, notwithstanding the objections of the Governor, by the following vote : Yeas, 19; nays, 0.
James S. SlingERLAND,
President of the Senate. John Wasson, Secretary of the Senate.
CHAP. XI.-An Act to amend Section sixty-six of an Act entitled
“An Act concerning conveyances,” approved November 5, 1861.
[Approved February 10, 1869.]
The People of the State of Nevada, represented in Senate and As
sembly, do enact as follows :'
Section 1. Section sixty-six of the Act of the Legislative Assembly of the Territory of Nevada as above recited, is hereby amended so as to read as follows:
Mortgages Section Sixty-six. No mortgage of personal property, hereafter of personal
property, made, shall be valid against any other person than the parties when valid.