CHAP. XIII.-An Act to Legalize the Acts of Edward Coldren, Thomas Plain and. Wm. H. Taylor, as County Commissioners of Churchill county, during the year one thousand eight hundred and sixty-five. [Approved January 31, 1866.] The People of the State of Nevada, represented in Senate and legalized. SECTION 1. All acts of Edward Coldren, Thomas Plain and Acts, etc., Wm. H. Taylor, as County Commissioners of Churchill county, during the year one thousand eight hundred and sixty-five, and all proceedings had by them, so far as said Commissioners have acted in conformity to the laws of this State, concerning Boards of County Commissioners, are hereby legalized and confirmed. CHAP. XIV.—An Act defining the Duties of State Treasurer. The People of the State of Nevada, represented in Senate and keep office Government. and qualifi SECTION 1. The Treasurer shall keep his office at the seat Treasurer to of, government, and not absent himself from the State for more at seat of than thirty days at any one time, without leave of absence from the Legislature. SEC. 2. He shall be commissioned by the Governor; but Commission before such commission shall issue, and before entering upon cation. the duties of his office, he shall take the oath of office prescribed by law, to be endorsed upon his commission, and shall execute, and deliver to the Governor, a bond, payable to the State, in the sum of one hundred thousand dollars, with sureties, to be approved by the Board of Examiners, conditioned .for the faithful performance of all the duties which may be required of him by law, and for the delivery, to his successor in office, of all books, papers, moneys, vouchers, sureties, evidences of debt, and effects belonging to his said office. SEC. 3. The Secretary of State shall procure, and deliver to official seal" the Treasurer, a seal of office, with some suitable device, and having engraved around the margin thereof the words: "Office of the Treasurer-Nevada a description of which seal shall be retained in the office of the Secretary of State, as a record. Said seal shall be used to authenticate all writings, papers and documents certified from such office. Until such seal is procured, the Treasurer is authorized to use his own private seal. SEC. 4. He shall receive and keep all moneys of the State To receive and dis not expressly required by law to be received and kept by some burse public other person; shall receipt to the Controller for all moneys moneys. Annual report.⚫ Books, etc., Report to received, from whatever source, and at the time of receiving the same; shall disburse the public moneys upon warrants drawn upon the Treasury by the Controller of State, and not otherwise. Such warrants shall be registered, and paid in the order of their registry. He shall keep a just, true and comprehensive account of all moneys received and disbursed, and shall deliver to his successor in office all moneys, records, books, papers, and other things belonging to his office, in good order; and keep his office open, for the transaction of business, from ten o'clock A: M. until four o'clock P. M., of every day of the year, Sundays and other non-judicial days excepted. SEC. 5. He shall deliver to the Governor, on the first day of January, or within ten days thereafter, annually, a full exhibit of all moneys received by him into and paid out of the Treasury, showing, under separate and appropriate heads, on what account and from what sources received, and for what particular object or service the same has been paid out by him; and shall give information, in writing, to either house of the Legislature, whenever required, upon any subject connected with the Treasury, or any duty of his office. SEC. 6. The books, papers, and transactions of his office, shall be open at all times for the inspection of the Governor, Controller, Board of Examiners, of either house of the Legislature, or of any committee thereof, or person authorized by law. He shall report to the Controller of State, during the Controller. first three days of each month, the complete operations of the Treasury for the preceding month, specifying the amount received, and from what sources; the amounts expended in the redemption of bonds, warrants, coupons for interest, etc., and the balance of cash on hand in the Treasury to the credit of the various funds. Prohibited from using moneys. Willful neglect of misde SEC. 7. The Treasurer is hereby made responsible, upon his official bond, for all moneys received by him belonging to the State, and is hereby prohibited from using, or loaning, or borrowing the same, for any purpose whatever, except as provided by law. SEC. 8. If the Treasurer shall willfully neglect, or refuse, to duty deemed perform any duty enjoined by law, or, by color of his office, shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty. of misdemeanor in office. meanor. Vacancy, SEC. 9. In case of the death, impeachment, absence, or dishow supplied ability of the Treasurer, the Governor shall make an appointment of some suitable person to perform the duties of the office until a successor shall be elected and qualified, or until such absence or disability shall cease; and such person shall take the oath of office and execute the bond required of the Treasurer, and shall receive the same compensation as is allowed by law to the Treasurer, in proportion to the time he shall be engaged in such service. May admin SEC. 10. The Treasurer shall have power to administer all ister oaths. oaths or affirmations required or allowed by law, in matters touching the duties of his office, and shall perform all duties, not enumerated in this Act, which may be enjoined by law. SEC. 11. The compensation of the Treasurer shall be thirty- Compensa six hundred dollars per annum. tion. CHAP. XV.-An Act to amend an Act entitled "An Act concerning the Courts of Justice of this State, and Judicial Officers," approved January 26, 1865. [Approved February 5, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1.-Section seventeen of said Act is amended so as to read as follows: jurisdiction. Section 17. The District Courts shall, severally, have original Original jurisdiction in all cases in equity; also, in all cases at law which involve the title, or the right of possession to, or the possession of, real property or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine; also, in all actions to foreclose mechanics' liens; and in all cases in which the demand, exclusive of interest, or the value of the property in controversy, exceeds three hundred dollars; also, in all cases relating to the estates of deceased persons, and the person and estates of minors, idiots, and insane persons, and of the action of forcible entry and unlawful detainers; and also, in all criminal cases not otherwise provided for by law; they shall Appellate also have final appellate jurisdiction in cases arising in Justices' jurisdiction. Courts, and such other inferior tribunals as may be established by law. The District Courts, and the Judges thereof, shall Power to have power to issue writs of mandamus, injunction, quo warranto, certiorari, and all other writs proper and necessary, to the complete exercise of their jurisdiction; and also shall have power to issue writs of habeas corpus, on petition by, or on behalf of, any person held in actual custody in their respective districts. issue writs. CHAP. XVI.-An Act to secure Persons and Animals from danger arising from mining and other excavations. [Approved February 8, 1866.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: Safeguards required to around ex SECTION 1. Any person or persons, company or corporation, be erected who shall hereafter dig, sink or excavate, or cause the same to cavations. Notice of violation of section one, be done, or being the owner or owners, or in the possession, under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated, for the purpose of mining, to obtain water, or for any other purpose, within this State, shall, during the time. they may be employed in digging, sinking or excavating, or after they may have ceased work upon, or abandoned the same, erect, or cause to be erected, good and substantial fences, or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to securely guard against danger to persons and animals, from falling into such shafts or excavations. SEC. 2 Any person being a resident of the county, and knowing, or having reason to believe, that the provisions of may be filed. section one of this Act are being, or have been violated within such county, may file a notice with any Justice of the Peace or Police Judge therein, which notice shall be in writing, and shall What notice state: First-The location, as near as may be, of the hole, excashall state. vation or shaft. Second-That the same is dangerous to persons Upon filing Justice or Judge to issue an order, etc. or animals, and has been left, or is being worked contrary to the provisions of this Act. Third-The name of the person or persons, company or corporation, who is or are the owners of the same, if known, or if unknown, the persons who were known to be employed therein. Fourth-If abandoned, and no claimant; and, Fifth-The estimated cost of fencing, or otherwise securing the same against any avoidable accidents. SEC. 3. Upon the filing of the notice, as provided for in the of notice, the preceding section, the Justice of the Peace, or Judge of the Police Court, shall issue an order, directed to the Sheriff of the county, or to any Constable or City Marshal therein, directing such officer to serve a notice, in manner and form as is prescribed by law for service of summons upon any person or persons, or the authorized agent or agents, of any company or corporation named in the notice on file, as provided in section two of this Act. What notice shall require SEC. 4. The notice thus served shall require the said persons to appear before the Justice or Judge issuing the same, at a time to be stated therein, not more nor less than three days from the service of said notice, and show, to the satisfaction of the Court, that the provisions of this Act have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount stated in the notice on file; and all proceedings had therein shall be as prescribed by law in civil cases; and such persons, in addition to any judgment. judgment that may be rendered against them, shall be liable and subject to a fine not exceeding the sum of one hundred dollars for each and every violation of the provisions of this Act, which judgments and fines shall be adjudged and collected as provided for by law. Liable to fine in addition to Suits to be in the name SEC. 5. Suits commenced under the provisions of this Act of the State shall be in the name of the State of Nevada, and all judgments and fines collected shall be paid into the county treasury for county purposes. of Nevada. When excavation is missioners same. How SEC. 6. If the notice filed with the Justice of the Peace, or Police Judge, as aforesaid, shall state that the excavation, shaft abandoned, or hole has been abandoned, and no person claims the owner- County Comship thereof, said Justice of the Peace, or Judge, shall notify the may fence Board of County Commissioners of the county, or either of them, of the location of the same, and they shall, as soon as possible thereafter, cause the same to be so fenced, or otherwise guarded, as to prevent accidents to persons or animals; and all expenses thus incurred shall be paid, first, out of the fines and be paid. judgments collected in accordance with the provisions of this Act, as other county expenses; provided, that nothing herein Proviso. contained shall be so construed as to compel the County Commissioners to fill up, fence, or otherwise guard, any shaft, excavation or hole, unless in their discretion the same may be considered dangerous to persons or animals. expenses to CHAP. XVII. An Act to provide for constructing and maintaining Telegraph Lines in the State of Nevada. [Approved February 9, 1866.] The People of the State of Nevada, represented in Senate and or Telegraph lines may be SECTION 1. Any person or persons, company, association, cosporation, desiring to do so, may construct and maintain, or constructed. if already constructed, may maintain, or if partially constructed, may complete and maintain, within this State, a telegraph line or lines, by complying with section two of this Act. acknowledge SEC. 2. The person or persons, or the president or the man- To sign and aging agent of the company, association or corporation men- certificate. tioned in section one, shall make, sign and acknowledge, before some officer authorized by law to take acknowledgments of deeds, a certificate in writing, setting forth the name or names of the person or persons, company, association or corporation (as the case may be) by whom said line is to be operated, and the names of the points or places constituting the termini of said line within this State, and a general description of the route of said line, and shall file, and cause the same to be re- File and corded, in the office of the Secretary of State, for which said record in person or persons, company, association or corporation shall pay Secretary of the Secretary of State, for the benefit of the Library Fund, the State.. sum of five dollars, and also twenty-five cents for each folio contained in said certificate. The record of said certificates shall Notice. give constructive notice to all persons of the matter therein contained, and the work of constructing such line, if not already commenced or completed, within thirty days after the filing of the certificate aforesaid, and shall be continued, with all reasonable dispatch, until completed. office of |