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for a period not less than two hours nor more than ten hours in the daytime of any day, except Sunday; and it shall be the duty of the Sheriff, Constable, or other peace officer who shall be detailed to enforce the sentence of the Court, to fasten upon the breast garments of the culprit a placard bearing in Placard. large Roman characters the words, "Woman beater," or "Wife beater," as the case may be; and it shall also be the duty of such peace officer to see that said placard shall not be removed from the person of the culprit at any time during the hours of his legal confinement to said post or pillar..

for second

SEC. 3. Any male person in this State who is more than Penalty eighteen years of age, who shall a second time commit the offense. offense of woman beating as defined in section two of this Act, shall be deemed guilty of a misdemeanor, and upon conviction by any Court of competent jurisdiction, shall be sentenced to imprisonment in the county jail for a term not less than thirty days nor longer than six months.

for officer

SEC. 4. Any Sheriff, Constable, or other peace officer in this Penalty State, who shall refuse or neglect to comply with any of the refusing. provisions of section two of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any Court of competent jurisdiction, shall be sentenced to pay a fine in any sum not less than fifty dollars nor more than five hundred dollars.

Act to

SEC. 5. This Act shall take effect from and after its passage. take effect

CHAP. XLIV.-An Act to amend an Act entitled "An Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers," approved March eighth, eighteen hundred and sixty-five.

[Approved February 21, 1877.]

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

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

Canvass

Section Thirteen. The Board of County Commissioners shall Board of also act as a Board of Canvassers, and declare election returns, ers. and cause a certificate of election to be given by their clerks to any person who shall be elected to any county or township office within their county; provided, that when the election shall Proviso. be held for County Commissioners, the District Judge or Judges shall canvass and declare the election returns for such Commissioners, for which purpose all election returns shall be sealed and delivered, according to law, to the County Clerk, and by him opened in the presence of the District Judge or Judges, who shall declare the result as to County Commissioners, and the Clerk shall give to such person elected as County Commissioner a certificate of his election, and the Board of County

recount in certain

cases.

Commissioners shall then canvass the returns as to other offi cers; and, provided further, that when said Board of County Board to Commissioners shall have canvassed the vote for county and township officers, and it shall appear from such canvass that any county or township officer voted for at such election has received a majority of ten votes, or less, in such a case, upon application of the defeated candidate for such office, setting forth, under oath, that he has reason to believe, and does believe, that a mistake or mistakes have occurred on the part of the Inspectors of Election in any election precinct or precincts in said county, sufficient to change the result of such election so far as said office is concerned, it shall then be the duty of said Board of County Commissioners to immediately proceed to recount the ballots for said office, of any or all the precincts in said county wherein any mistake or mistakes are alleged to have occurred; and shall continue such count from day to day (Sundays excepted), until the votes of all the election precincts wherein any such mistake or mistakes are alleged to have occurred, shall have been counted, and when said count is completed, shall declare the result, and issue the certificate of election to the party entitled thereto, as determined by their said count; but they shall in no case be allowed to throw out any ballot upon any alleged legal defect, if from the face of such ballot it can, upon inspection, be ascertained for whom the elector intended to cast his ballot; and, provided further, that nothing herein contained shall prevent either party to said proceeding to contest the right to said office in the Courts, in the manner now prescribed by law.

Either

party may contest.

Felony to obstruct a

liciously.

CHAP. XLV.—An Act supplementary to an Act entitled "An Act concerning crimes and punishments," approved November twentysixth, eighteen hundred and sixty-one.

[Approved February 23, 1877.]

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

SECTION 1. Every person who shall willfully and maliciously railroad place any obstruction on the track of any railroad in the State, track ma- now in operation or which may hereafter be put in operation therein, or shall tear up or remove any part or portion of such railroad, or shall destroy, derange, misplace, or injure any rail, switch, culvert, viaduct, bridge, car, tender, or engine, or will fully and maliciously do attempt to do any or either of said things, or any other act or thing whereby the life and limb of any person may be endangered, shall be deemed guilty of a felony, and shall, upon conviction, be punished with imprisonment in the State Prison for a period not exceeding twenty-one years.

CHAP. XLVI.—An Act to preserve wild game, and to repeal all

other Acts in relation thereto.

[Approved February 23, 1877.]

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

to kill cer

SECTION 1. It shall be unlawful for any person or persons, Unlawful at any time, to kill or injure, or to pursue with such intent, any tain birds. sparrow, blue bird, blue jay, martin, thrush, mocking bird, swallow, red breast, cat bird, wren, or humming bird, or to disturb the nest or eggs of said birds.

when cer

be killed.

SEC. 2. It shall be unlawful for any person or persons, at Times any time after the first day of April and before the first day of tain birds September, in each year, to catch, kill, or destroy, or to pursue may not with such intent, any prairie chicken, partridge, pheasant, wood cock, grouse, quail, or any wild goose, wood duck, teal, mallard, or other ducks, brant, swan, sandhill crane, plover, curlew, robin, meadow lark, yellow hammer, or bittern, and after the first day of April and before the first day of August, in each year, any sage chicken or snipe, or to have in his or their possession, or to expose to sale, or to purchase from any person or persons whomsoever, either Indians or any other person, any of the birds or game mentioned in this section, during the season when the killing, injuring, or pursuing of the same is herein prohibited.

nests.

SEC. 3. It shall be unlawful for any person or persons, at Quail and any time, to trap quail, or to destroy, injure, or disturb the nest or eggs of any of the birds protected by this Act.

SEC. 4. It shall be unlawful for any person or persons to Prairie catch, kill, or destroy, or to pursue with such intent, within chicken. the Counties of Esmeralda, Douglas, Ormsby, Lyon, Storey, Churchill, and Washoe, any prairie chicken, on or before the first day of September, eighteen hundred and seventy-nine.

SEC. 5. It shall be unlawful for any person or persons, at Deer, antelope, any time after the first day of January and before the first day etc. of July, in each year, to catch, kill, or to destroy, or to pursue with such intent, any deer, antelope, elk, mountain sheep, or goat, or to have in his possession, or to expose to sale, or to purchase any of the wild game or animals mentioned in this section, during the season when the killing, injuring, or pursuing is herein prohibited; provided, that nothing in this Act shall Proviso. be so construed as to prohibit any person or persons in taking any bird, fowl, fish, or animal, at any time, for scientific purposes.

SEC. 6. Every person or persons offending against any of Penalty. the provisions of this Act, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding two hundred dollars, or imprisoned in the county jail of the county in which said conviction is had, for any term not exceeding six months, or by both such fine and imprison

ment.

Acts repealed.

SEC. 7. All Acts and parts of Acts in conflict herewith are hereby repealed.

Appropriation.

Prison de

CHAP. XLVII.—An Act making appropriations for deficiencies in the eleventh and twelfth fiscal years.

[Approved February 23, 1877.]

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

SECTION 1. The sum of twenty-three hundred and fortyfour dollars and ninety cents ($2,344 90) is hereby appropri ated out of any moneys in the State Treasury not otherwise appropriated, for the payment of deficiency claims against the State for the eleventh and twelfth fiscal years, as follows: For the support of the Nevada State Prison, nineteen hundred and twenty-six dollars and thirty-six cents ($1,926 36); for the support of the State Orphans' Home, three hundred and six dollars and four cents ($306 04); for the payment of deficiencies on the General Fund, one hundred and twelve dollars and fifty cents ($112 50).

SEC. 2. The deficiencies for the support of the Nevada State ficiencies. Prison shall be paid as follows: To Gillson and Barber, ninetytwo dollars and seventy-eight cents ($92 78); To A. W. Baldwin, two hundred and twenty-five dollars and eighteen cents ($225 18); to Mason & Co., six hundred and forty-eight dollars and thirteen cents ($648 13); to John Rosser, four hundred and seventeen dollars and ninety-two cents ($417 92); to H. P. Philips, twenty-seven dollars and forty cents ($27 40); to E. D. Sweeney, eighty-nine dollars and nine cents ($89 09); to E. B. Rail, thirty-four dollars and sixty-three cents ($34 63); to J. M. Benton, fifteen dollars ($15); to John G. Fox, eight dollars and seventy-five cents ($8 75); to William Lilienfield, forty-five dollars ($45); to Dunning and Chase, forty dollars ($40); to A. D. Treadway, twenty-nine dollars and ten cents ($29 10); to Robinson and Mighels, sixty dollars ($60); to Shiner and Klauber, ten dollars ($10); to P. C. Hyman, one hundred and thirty-eight dollars and thirty-eight cents ($138 38); to George McFadden, eighteen dollars ($18); to William Elliott, eighteen dollars ($18); to Robert Logan, nine dollars ($9).

Orphans'
Home de-

SEC. 3. The deficiencies for the support of the State Orphans' ficiencies. Home shall be paid as follows: To Dr. Herrick, seventeen dollars and fifty cents ($17 50); to Carson Water Co., seventeen dollars and eighty-four cents ($17 84); to John P. Meder, one hundred and fifty-three dollars and twenty-five cents. ($153 25); to P. A. Wagner and Co., ten dollars and twentyeight cents ($10 28); to E. B. Rail, ten dollars and eighty cents ($10 80); to Harris and Bros., seventy-one dollars and fifty cents ($71 50); to W. D. Torreyson, eight dollars ($8); to Dunning and Chase, sixteen dollars ($16).

SEC. 4. The deficiencies on the General Fund shall be paid as

Fund de

follows: To the Silver State, ten dollars ($10); to the Gold Hill General News, ten dollars; to the Virginia Evening Chronicle, twenty dol- ficiencies. lars ($20); to the Nevada Tribune, fifteen dollars ($15); to the Daily Appeal, fifteen dollars ($15); to the Record Publishing Co., fifteen dollars ($15); to the White Pine News, five dollars ($5); to the Nevada State Journal, five dollars ($5); to the Belmont Courier, ten dollars ($10); to J. C. Ragsdale, seven dollars and fifty cents ($7 50).

to draw

SEC. 5. The Controller of State is hereby directed to draw Controller his warrants in favor of the persons named, with the several warrant. amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

CHAP. XLVIII.—An Act to amend an Act entitled "An Act entitled an Act to incorporate the Town of Gold Hill," approved February twenty-one, eighteen hundred and seventy-three.

[Approved February 23, 1877.]

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

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

Trustees.

Section Sixteen. The Board of Trustees shall have power: Power of First-To make by-laws and ordinances not repugnant to the Constitution or laws of the State of Nevada.

taxes.

Second-To levy and collect taxes on all property within the May levy town, both real and personal, made taxable by the laws of this State, for State and county purposes, which are now in force or may hereafter be enacted, which tax shall not exceed in the aggregate one and three fourths per centum per annum upon the assessed value of all such property, with not to exceed ten per centum on the amount of such tax additional thereto as a penalty on all delinquent taxes; provided, that they School tax shall have further power, when in their opinion it may become necessary and expedient, to levy an additional tax not to exceed five cents on each and every one hundred dollars' valuation of all property, for the continuous maintenance of the public schools of said town; said tax to be collected at the same time, and in the same manner, as other taxes; provided, further, that taxes on the net proceeds of mines shall be collected at the Taxes on same time, and in the same manner, as is or may be by law mines. provided for the collection of such tax for State and county purposes.

Third-To lay out or extend, open, alter or repair, all streets Control of and alleys, and provide for opening, grading, widening, drain- streets. ing, cleaning, and lighting, or otherwies improving the same; also to provide for the construction, repair, and preservation and cleaning off all sidewalks, crosswalks, bridges, sewers, and drains; to prevent obstructions being erected or placed in or

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