for land. of damages. Notice of. or granted to said company, the compensation to be paid thereCompensat'n for shall be ascertained in the following manner: Said company shall apply to a judge of the district court of the territory of Nevada, for the appointment of three commissioners, whose duty it shall be, at the earliest practicable time after their appointment, to proceed to examine and assess the damage which may be sustained by the several owners or claimants of Appraisem't the lands through which the road of said company is located, and the said commissioners, in assessing said damages, shall deduct therefrom the benefits which said lands receive by the construction of said road. It shall be the duty of said company to give thirty days' notice of their application for the appointment of said commissioners, in one or more newspapers, published in each of the counties through which said road is laid out, and in case no newspaper is published in any one of said counties, then by posting up said notices in three public places in said county, thirty days, as aforesaid; and it shall be the duty of such commissioners, to cause ten days' notice of their meeting to appraise the damages of any land through which said road may run, to be given to the owner or claimant thereof; and in case said owner or claimant shall be a minor, or insane person, then such notice shall be given to the guardian. or guardians of such person. Either party feeling aggrieved by the decision of such commissioners, may appeal to the district court of the district in which said land may be situated, and said appeal shall be tried in the same manner as if commenced therein; provided, that such company shall not in any manner be delayed in the construction of their road, by such appeal, but may proceed immediately with such construction, on paying into the office of the clerk of said court, the amount of money awarded to the owner or owners of said lands, and filing a bond with said clerk, to said owner or owners, binding said company to pay such sum as may finally be awarded against said company. The notice to be given by the commissioners to the owners of lands required by said railroad, shall notice, how be in writing, and delivered to said owner or owners, or left at their usual place of residence, or, if non-residents of the county, then said notice shall be published in the nearest newspaper to where said land is situated, at least four weeks before making such appraisement. Appeal to district court. Commis'rs' given. of highways or streams. SEC. 5. The said company may construct said railroad Obstruction across any public or private road, highway, stream, or watercourse, if necessary; but the said company shall restore such road, highway, stream, or water-course, to its former state, or in a manner not to impair its usefulness to the persons occupying the same, or to the public; provided, that nothing in this section is to be so construed as to allow said railroad to interfere in any way with any mining claim already located, or other possessory rights already acquired, without just compensation therefor; provided, further, that said company shall, when they pass through an inclosure, be compelled to build fences, To restore one on each side of said railroad, thereby making the inclosure fences. as perfect as before said railroad passed through said inclosure. Injury to SEC. 6. If any person shall willfully obstruct, or in any way spoil, injure, or destroy, said railroad, or anything belong. Init ing thereto, or any materials to be used in the construction of any part thereof, or building fixture, or car erected or constructed, for the use of said road, such person shall be deemed guilty of a misdemeanor, and shall be punished accordingly, and shall also be liable to said company, for every such offense, in treble the damage occasioned thereby, to be recovered by civil action in any court having competent jurisdiction. Capital SEC. 7. The capital stock of said company shall be five hundred thousand dollars, and divided into shares of one hun- stock. dred dollars each, which shall be deemed personal property, and transferable in such manner as may be provided in the by-laws of said company. And said company is hereby authorized, from time to time, to borrow such sums of money To borrow as may be necessary for completing, furnishing, or operating money. such road, and to dispose of their bonds in denominations of not less than five hundred dollars, for any amount so borrowed, and to mortgage their corporate property, or convey the same by deed of trust, to secure the payment of debts contracted by said company for the purpose aforesaid. SEC. 8. Said road, and its appurtenances, shall be subject Taxation. to the same rules of taxation as other property in the territory. ment and SEC. 9. Said company shall organize, and do work on the Commencesaid railroad, in amount equal to the building of three miles of completion said road, within one year from the passage of this act, and of road. the second year, an amount equal to six miles; and complete the same within three years from the passage of this act, or this act shall be null and void. public act. SEC. 10. This act is hereby declared to be a public act, and may be amended by any subsequent legislative assembly, in Declared a any manner not destroying or impairing the vested rights of the said corporation, and shall be favorably construed in all legal and equitable proceedings for the accomplishment of the objects intended. SEC. 11. The privileges granted by this charter shall con- Term. tinue for the term of thirty years from the passage of this act. SEC. 12. This act shall take effect from and after its passage. CHAP. XLVII.-An Act concerning Jurors. Be it enacted, by the Governor and Legislative Assembly of the SECTION 1. The probate judge, and the sheriff of the county To be drawn. in which a term of the district court is, or may be, authorized by law to be held, shall, at least ten days prior to the commencement of said term of court, select the names of two hundred persons, lawfully qualified to serve as jurors, from the assessment roll of such county, provided that number of names are contained on such roll; and the names of the persons so selected, after being written on separate slips of paper, shall be deposited in a box to be provided for such purpose, and from the names so deposited, the judge and sheriff aforesaid shall alternately draw the names of thirty persons, who shall constitute trial jurors for the next ensuing term of such district Summons of. Venire, when returnable. Residue of jury list. Additional jurors. court. SEC. 2. The list of names so drawn, certified to by the judge and sheriff, as selected by them, shall thereupon be delivered to the clerk of the district court, who, upon the receipt of the same, shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so named, as trial jurors for such term of court; and the sheriff shall summon such named persons at least three days prior to the convening of such term of court. SEC. 3. The venire, as provided for in section two of this act, shall be returned to the clerk of such district court, by the sheriff aforesaid, at least two days before the commencement of such term of the court; and such venire, after its return, shall be subject to the inspection of any officer, or attorney of the court. SEC. 4. The box containing the residue of the names of the jury list, as aforesaid, shall, after such drawing, be locked up, and with the key deposited with the clerk of the district court for such county, and by him safely kept for future use, by the before named officers, or as further provided in this act. SEC. 5. When, at any time during a term of the district court, it shall become necessary to summon other jurors than as herein before provided for, the clerk shall, in open court, under the direction of the judge thereof, from such box draw a sufficient number of names, to constitute additional trial jurors during such term of court; provided, in case any such jurors so drawn reside at a great distance from the court, the court may, in its discretion, dispense with summoning such juror, and order another drawn instead thereof; and the clerk shall issue a venire, directed to the sheriff, for the summoning of such persons as trial jurors; and the sheriff shall proceed forthwith to summon the same as such trial jurors, and with all possible diligence make return of his proceedings thereon. SEC. 6. When, at any term of the district court, for the want of an assessment roll, or sufficient time is not permitted in which to prepare and draw the list of jurors, as provided heretofore in this act, or, when from any cause which may appear satisfactory to such district judge, such list has not been prepared, or drawn, or the sheriff has not summoned such. jurors, or the names selected as jurors, placed in such box, shall be exhausted, it shall be lawful for such district judge and sheriff to prepare a list of the names of a sufficient number of persons competent to serve as trial jurors, and deposit such names in a box, and at any time during the term of the court, when a jury shall be required, names of persons shall be drawn therefrom by the clerk, as provided in section five of this act, and, from time to time, other names may be selected and placed in such box, and drawn therefrom, as herein before provided for, and summoned as such trial jurors; provided, that in the selection of the names to be deposited in such box, the name of no person from among the bystanders at such court shall be chosen and selected. SEC. 7. It shall be the duty of the probate judge, and any one of the county commissioners of the county, at least ten days prior to the assembling of a court authorized by law to inquire into public offenses, by the intervention of a grand jury, to select the names of twenty-four persons, eligible to serve as jurors; and, upon a venire being issued by the clerk of such court, the sheriff shall, at least two days prior to the meeting. of the court, summons said persons to appear on the first day of the succeeding term, and from such panel the court shall select seventeen persons, who shall constitute such grand jury. Same. Grand jurors SEC. 8. When, from any cause, on the meeting of or during the term of a court authorized by law to inquire into public Same. offenses by the intervention of a grand jury, and a grand jury is wanted, and there is not a sufficient number of jurors present to constitute a grand jury, or none has been summoned, or those summoned have been discharged, a sufficient number to complete such grand jury, or constitute a new grand jury, as the case may be, shall be selected and summoned in the same manner as is provided in section six of this act, for the selection of trial jurors. SEC. 9. Any person who is a qualified voter in this ter- who ritory, shall be competent to serve as a grand juror, or petit competent. juror. Who SEC. 10. The following persons shall be exempted from serving as grand or petit jurors, viz.: All priests and ministers exempted. of the gospel, attorneys, practicing physicians, all county, township, and territorial officers, editors, and regularly enrolled firemen in active service; not exceeding sixty-five in number to each company. Penalty for failing to attend. SEC. 11. Any person, summoned as aforesaid, to serve as a juror, who shall fail to attend and serve as such juror, unless excused by the court, shall be fined in any sum not exceeding two hundred dollars, at the discretion of the court, and be imprisoned in the county jail until such fine is paid. possession of CHAP. XLVIII.-An Act to preserve the Purity of [Approved November 29, 1861.] Be it enacted, by the Governor and Legislative Assembly of the SECTION 1. That, if any person or persons, at any election, Improper held by virtue of any law of this territory, in any ward of any ballot-box. city, or in any township, or election precinct, of any county in this territory, shall unlawfully, either by force, violence, fraud, or other improper means, obtain possession of any ballot-box, or any ballot or ballots therein deposited, while the voting at such election is going on, or before the ballots shall have been duly taken out of such ballot-box by the judges of election, according to law; such person or persons shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be imprisoned in the penitentiary, or territorial prison, and kept at hard labor, for a term not more than three, nor less than one year, at the discretion of the court. Punishment. Attempt to take or destroy ballot-box. SEC. 2. If any person or persons, at any election held by virtue of any law in the territory, in any ward of any city, or in any township, or election precinct of any county in this territory, shall unlawfully, either by force, violence, or fraud, or other improper means, attempt to obtain possession of any ballot-box, or any ballot or ballots therein deposited, while the voting at such election is going on, or before the ballots shall all have been duly taken out of such ballot-box by the judges of such election, according to law, or if any person or persons shall unlawfully attempt to destroy any ballot-box used, any ballot or vote deposited, any poll-book kept at any election, held by virtue of any law of this territory, such person or Punishment. persons shall, upon conviction thereof, be imprisoned in the territorial prison, and kept at hard labor, for a term not less than one, nor more than three years, at the discretion of the Destruction of ballot box, etc. court. SEC. 3. If any person or persons shall, unlawfully, destroy any ballot-box used, any ballot or vote deposited, any pollbook kept at any election held by virtue of any law of this territory, such person or persons shall be guilty of a misdemeanor, |