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selves, by personal inspection or otherwise, of the fact of the performance of said conditions; and on being so satisfied shall, without delay, prepare, issue and deliver the bonds, as above directed; provided, that Proviso. the certificate of the Surveyor-General of the State and the County Surveyor of Lyon County to the fact of the fulfillment of said conditions shall be conclusive evidence thereof to said Commissioners.

levied and

collected.

SEC. 4. The said Board of County Commissioners are hereby au- Tax to be thorized and required to levy and collect annually, until all of said bonds issued under the provisions of this Act shall have been fully paid or provided for, a tax of one-half of one per cent. upon all the taxable property of Lyon County, to be applied exclusively to the payment of the principal and interest of said bonds to be issued as herein provided. SEC. 5. The amount raised by the tax levied as above required Railroad inshall be placed by the County Treasurer in a separate fund, to be called Sinking "The Railroad Interest and Sinking Fund," which shall be applied,- Fund. First, to the payment of the semi-annual interest, as above directed; Second, to the redemption of said bonds, as hereinafter provided.

terest and

be levied

SEC. 6. The said tax shall be levied by the County Commissioners When tax to as aforesaid annually, at the time of the levying of other county taxes, and collectand shall be levied, assessed and collected in the same manner, and by ed. the same officers as other county taxes; but if the County Commissioners fail to make the levy, in this Act provided for, the Tax Collector of the county shall proceed to collect the same as if the levy had been properly made by the County Commissioners, and when the taxes hereby provided for, are not paid to the Tax Collector, they shall be collected by the District Attorney, as taxes for other county purposes are collected; and the failure of the Board of Commissioners to levy the tax shall in no way invalidate the tax, or any proceeding to collect the same.

needed.

surrender of

ted.

SEC. 7. Whenever all interest due upon said bonds shall have Surplus not been fully paid, and there shall be in said fund a surplus, which upon sealed proa fair estimate of the receipts which will probably come into the same, posals for will not be needed for the payment of future interest to accrue within bonds invithe next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of surplus, shall insert an advertisement in at least one newspaper published in said county, or if there be none published in said county, then in some newspaper published in Storey County, for a 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 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 iu 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 Proviso. par value of said bonds.

State

SEC. 8. The faith of the State of Nevada is hereby solemnly Faith of the pledged that this Act shall never be repealed, or so modified as in any pledged. way to impair the security of those who shall hold or purchase the bonds herein provided for.

Electors, when and where to convene.

Duties when convened.

CHAP. XXI.-An Act to amend an Act entitled "An Act relating to officers, qualification, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduci in office, and to enforce official duty," approved March ninth, eighteen hundred and sixty-six.

[Approved February 16, 1869.]

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

SECTION 1. read as follows:

Section six of said Act is hereby amended so as to

Section Six. The electors so chosen shall convene at the seat of government on the first Wednesday in December next after their election, at two o'clock in the afternoon, and in case of the death or absence of any Elector so chosen, or in case the number of Electors shall, from any cause, be deficient, the Electors then present shall, forthwith, elect from the qualified Electors of the State, so many persons as shall supply the deficiency.

SEC. 2. Section seven of said Act is amended so as to read as follows:

Section Seven. The Electors, when convened on said first Wednesday in December, shall vote by ballot for one person for President, and one person for Vice-President of the United States, one of whom, at least, shall not be an inhabitant of this State. They shall name in their ballot the persons voted for as President, and in distinct ballots the persons voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes given for each, which list they shall sign and certify and transmit, sealed up, to the seat of government of the United States, directed to the President of the Senate; and they shall, in all respects, proceed conformably to the Constitution of the United States, and the laws of the United States in this behalf provided.

Adminis

tering

poison.

CHAP. XXII.—An Act to amend an Act entitled “An Act concerning Crimes and Punishments," approved November 26th, 1861.

[Approved February 16, 1869.]

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

SECTION 1. Section forty-two of said Act is amended so as to read as follows: Section Forty-two. Every person who shall willfully and maliciously administer, or cause to be administered to, or taken by any person, any poison, or other noxious or destructive substance or liquid,

ing to cause

with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by imprisonment in the State Prison, Punishfor a term not less than ten years, and which may extend to life. And ment. any person who shall sell, furnish, procure, prescribe, take, administer, or who shall cause to be sold, furnished, procured, prescribed, taken, Selling or or administered, any medicinal substance, or other substance, or liquid, substance, procuring with the intention to procure or cause the miscarriage of any woman, etc., intendthen being pregnant, or with child, or shall use, or cause to be used, miscarriage any instrument or instruments whatever, with the intention aforesaid, or who shall in any manner make known to any person or persons, the ingredients of any medicinal substances, or substance, or other substances, or liquid with the like intent, and shall be thereof duly convicted, shall be punished by imprisonment in the State Prison for a period not less than one, nor more than ten years; provided, that no PunishPhysician shall be affected by the last clause of this section, who, in ment. the discharge of his professional duty, produces the miscarriage of any woman in order to save her life.

SEC. 2. Section fifty-nine of said Act is hereby amended so as to read as follows:

what

Section Fifty-nine. Every person who shall in the night time Burglary, forcibly break and enter, or without force, (the doors or windows being deemed. open) enter into any dwelling-house, or tent, or any other house or building whatever, with intent to commit murder, robbery, rape, mayhem, larceny, or other felony, or petit larceny, shall be deemed guilty of burglary, and on conviction thereof, shall be punished by imprison- Punishment in the State Prison, for a term not less than one, nor more than ten years.

ment.

CHAP. XXIII.—An Act to amend an Act entitled "An Act to amend an Act entitled 'An Act to provide for the Incorporation of Railroad Companies, and the management of the affairs thereof, and other matters relating thereto, approved March 22, 1865," approved March 9, 1866.

[Approved February 16, 1869.]

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

SECTION 1. Section second of said Act, is hereby amended so as to read as follows:

uniform.

Section Fifty-seven. All railroads built by companies incorporated Railroads, under the provisions of this Act, shall be constructed with tracks of the gauge to be uniform width, or gauge, of four feet and eight and one-half inches, with the best quality of iron rail known as T rail, and H rail, or other patterns of equal utility; provided, the provisions of this section shall neither apply to track laid down in streets of incorporated cities or towns, nor other railroads operated by animal power.

11

Provisions

of law made

applicable to incorpo

ration.

CHAP. XXIV.-An Act to provide for the Incorporation of the Grand Lodge of the "Independent Order of Good Templars," and its subordinate Lodges.

[Approved February 16, 1869.]

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

SECTION 1. All the provisions contained in an Act entitled "An Act to incorporate the Grand Lodge of Free and Accepted Masons, the Grand Lodge of the Independent Order of Odd Fellows, and their subordinate Lodges in this State, approved March 3, 1865, and in the Act amendatory thereof, approved March 11, 1867," are hereby made applicable to the Incorporation of the Grand Lodge of the Independent Order of Good Templars and its subordinate Lodges.

When crim

may be removed.

CHAP. XXV.-An Act to amend an Act entitled "An Act to regulate proceeding in Criminal Cases in the Courts of Justice in the Territory of Nevada," approved November 26, 1861.

[Approved February 20, 1869.]

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

SECTION 1. Section three hundred and six of said Act is hereby amended so as to read as follows:

Section Three Hundred and Six. A criminal action, prosecuted by inal actions indictment, may be removed from the Court in which it is pending, on the application of the defendant or State, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.

Application how made.

When and to what

Court order

made.

SEC. 2. Section three hundred and seven is hereby amended so as to read as follows:

in

Section Three Hundred and Seven. The application must be made open Court, and in writing, verified by the affidavit of the defendant or District Attorney, and a copy of said affidavit must be served on the adverse party, at least one day before the application is made to the Court; provided, the application may be supported or opposed by other affidavits, or other evidence, or witnesses may be examined in open Court.

SEC. 3. Section three hundred and eight is hereby amended so as to read as follows:

Section Three Hundred and Eight. If the Court be satisfied that the representation of the party making the application is true, an order shall be made for the removal of the action to the District Court of a county which is free from the like objection.

SEC. 4. Section four hundred and twenty-eight of said Act is hereby amended to read as follows:

[Section Four Hundred and Twenty-eight.] The Court in which a When Court trial is had upon the issue of fact, has power to grant a new trial where has power to grant a verdict has been rendered against the defendant upon his application, new trial. in the following cases only:

First-When the trial has been had in his absence, if the indictment be for felony.

Second-When the Jury has received any evidence out of Court other than that resulting from a view as provided in Section three hundred and seventy-seven.

Third-When the Jury has separated without leave of the Court, after retiring to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case. Fourth-When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the Jurors. Fifth-When the Court has misdirected the Jury in a matter of law. Sixth-When the verdict is contrary to law or evidence. But no more than two new trials shall be granted for this cause alone.

CHAP. XXVI.—An Act to prevent the spread of contagious diseases.

[Approved February 20, 1869.]

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

do enact as follows:

the spread

eases.

SECTION 1. Any person who shall knowingly have or use about To prevent his premises, or who shall convey, or cause to be conveyed, into any of contaneighborhood, any clothing, bedding, or other substance, used by, or gious disin the taking care of any person afflicted by small-pox or other infectious or contagious disease, or infected thereby, or shall do any other act with intent to, or necessarily tending to the spread of such disease into any neighborhood or locality; every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof before any MisdemeanCourt of competent jurisdiction, shall be fined in any sum not more than five hundred dollars, or imprisoned in the County Jail not exceeding six months, or by both such fine and imprisonment, and the Court trying any such offender, may also include in any judgment rendered, an order to the effect, that the clothing or other property infected, be burned or otherwise destroyed, and shall have power to carry such order into effect.

or.

tion of Act.

SEC. 2 Any person guilty of violating the provisions of section one Penalties of this Act, in addition to the penalties herein prescribed, shall be for violaliable in a civil action, in damages to any and all persons who may from that cause become infected with such contagious disease; said damages shall be so assessed as to include in addition to other damages, all expenses incurred by reason of such sickness, loss of time, and burial expenses; and such action may also be maintained by the representative of any deceased person.

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