Sheriff when fined. Powers and duties of Llisors. pending, or the Judge thereof, or the Probate Judge of the county where the proceeding or action is pending, that the Sheriff, by the reason of any bias, prejudice, or other cause, would not act promptly or impartially. Provided, Said Court or Judge may require such person so appointed to give a bond, with sufficient security, in such amount and with such condition, to the person to be served, as the Court or Judge may deem necessary to secure the rights of the party. SEC. 2. When process is delivered to an Elisor, he shall execute it in the same manner as the Sheriff is required to execute similar process in other cases. SEC. 3. If the Sheriff, on being arrested by an Elisor, or if another, on being arrested in an action in which the Sheriff is a party, upon an order of arrest, in a civil action, neglect to give bail or make a deposit of money instead thereof, or if he be arrested on execution against his body, or on a warrant of attachment, he shall be confined in a house other than the house of the Sheriff or the County Jail, in the same manner as the Sheriff is required to confine a prisoner in the County Jail; the house in which he is thus confined shall thereupon become, for that purpose, the County Jail. SEC. 4. An Elisor, appointed to execute process and orders in the cases mentioned in this Act, shall be invested with the powers, duties, and responsibilities of the Sheriff, in the execution of such process or orders, and in every matter incidental thereto, and shall be entitled to the same fees as a Sheriff would be entitled to for like services. SEC. 5. This Act shall be in force from and after its passage. Divorce dex:rees legalized. CHAP. IX.-An Act concerning Judgments of Divorce in the Probate Court of Storey County. [Approved December 10, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. That all decrees of the Probate Court of Storey County, heretofore rendered in actions of divorce, be and the same are hereby legalized and rendered valid in law, and the said decrees are hereby pronounced final. SEC. 2. This Act to be in force from and after its passage. CHAP. X.-An Act to prevent the escape of Prisoners. [Approved December 10, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: to communi SECTION 1. No person shall visit or in any manner communi- Persons not cate with any prisoner convicted of or charged with any felony cate with imprisoned in the County Jail, other than the officer having prisoners. such prisoner in charge, his Attorney, or the District Attorney, except such person has a written permission so to do signed by the District Attorney, and consented to by the Constable, Sheriff, or Warden, having such prisoner in charge. SEC. 2. Any person violating, aiding in, conniving, or par- Penalty. ticipating in the violation of the foregoing section of this Act, shall, on conviction thereof, be fined in any sum not exceeding five thousand dollars, or imprisoned in the Territorial Prison not exceeding one year, or by both such fine and imprisonment. SEC. 3. This Act shall take effect from and after its passage. CHAP. XI.-An Act concerning Unlawful Stock. Be it enacted, by the Governor and Legislative Assembly of the Terri- SECTION 1. From and after the passage of this Act, it shall Stallions. be unlawful for stallions, of the age of two years and upwards, to run at large among the settlements of this Territory. them up. SEC. 2. If the owner or owners, or the Agent of any owner Duty of peror owners, shall permit any animal as aforesaid, contrary to the sons taking provision of the first section of this Act, to run at large in the settled portions of this Territory, it shall be lawful for any person to take up and confine the same, giving information to the Owner or owners, or Agent, as aforesaid, of such seizure, if the party or parties shall be known; or, if they shall not be known, then posting notices, conveying such information, in three of the most public places in the township or district in which the animal is taken up. If, at the expiration of ten days from the date of such information given, or of such notice posted, the owner, owners, or Agent, as aforesaid, of such animal, shall not appear and legally reclaim it, by paying all the expenses that may have been incurred in the taking up, confining, and keeping of the animal, then it shall be lawful for the taker-up to have it emasculated at the risk and additional expense of the owner or owners. SEC. 3. If, at the expiration of thirty days thereafter, no May be sold such owner, owners, nor Agent shall appear and legally reclaim an reclaimed. Original horses. Hogs, etc. Notices to such animal as aforesaid, then it shall be the duty of the person having possession of it to deliver the same to the Constable of the township in which the animal has been found and confined, whose duty it shall be, after three days notice of the intent, to make sale of the same to the highest cash bidder, and after paying all the necessary expenses incurred in the premises, then to pay the residue of the proceeds of such sale into the Treasury of the county in which such sale shall have taken place, for the benefit of the Common School Fund; provided, however, that if the owner or owners of such property shall make claim to it at any time before such sale can legally be made, nothing in this Act shall be construed to exempt such owner or owners from payment of all expenses incurred. SEC. 4. No original horse shall be allowed to run at large in any of the settled portions of this Territory; and any owner or owners of such horse who shall permit it to run at large for the space of five days, shall be liable to a forfeiture of the same. Any person shall be authorized to take up the same; and it is hereby made the duty of such person to deliver the animal, immediately, to the Constable of the township in which it may be taken up, who, after twenty days notice, by written or published notification of the intent, posted in two conspicuous places in such township, shall proceed to sell the same to the highest cash bidder; and, after all expenses incurred in the premises shall have been defrayed, the residue of the proceeds of such sale, if there be any, shall be paid into the Treasury of the county in which such sale shall have taken place, to be appropriated to the Common School Fund. SEC. 5. Any hog or hogs, sheep, or goat, found trespassing upon the premises of any person or persons in this Territory, at any time between the first day of April and the fifteenth day of November, in each year, may be taken up by the owner or owners of such premises, and safely kept, at the expense of the owner or owners of the hog or hogs so found trespassing. SEC. 6. All persons taking up hogs trespassing upon their be posted. lands, whether inclosed or not, shall, immediately thereafter, post notices, in three conspicuous places in the precincts in which such persons reside, containing a description of the ear or other marks of such hogs, whereby the owners may indentify them as their property. Restitution SEC. 7. If the owners of such hogs come forward within ten of property. days of the time when such notices were posted, and prove them to be their property, the person or persons taking them up shall deliver them to such owner or owners, upon their paying all the costs, charges, and damages sustained by reason of their trespassing. Forfeiture SEC. 8. If, however, the owner or owners shall not claim the of property. same within ten days, then the person taking up such hogs shall immediately notify a Constable of the precinct wherein the trespass has been committed, and the Constable shall proceed to sell, at public auction, after giving five days notice of such sale, by posting notices in three public places in said precinct, all such hogs so taken up; provided, that the owners may prove their property, and receive the same, by paying all costs and damages, at any time before such sale can take place. SEC. 9. If the parties cannot agree as to the amount of Arbitration. charges and damages, then each party may chose one disinterested person, and they may choose a third person, who shall determine the amount thereof; and should the owners not come forward, then the Constable shall select three disinterested persons to determine the amount. officer. SEC. 10. The fees of the Constable, under the provisions of Fees of this Act, shall be the same as allowed by law for all similar services. SEC. 11. If there shall be any surplus money arising from Surplus the proceeds of such sales, after paying all costs, charges, and money. damages, the Constable shall pay the same to the owner or owners of such hogs sold; provided, that they prove they are entitled to it within fifteen days after the sale; otherwise, he shall pay it into the Treasury of the county in which such sale shall have been made, taking the receipt of the Treasurer for the same, for the benefit of the Common School Fund. of officer. SEC. 12. Any Constable refusing or neglecting to pay to the Liability County Treasurer, or to the owner or owners, the surplus derived from any sale made under the provisions of this Act, shall be liable for the same on his official bond, and shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not exceeding one hundred dollars. SEC. 13. This Act shall take effect from and after its passage. CHAP. XII.—An Act to amend and supplemental to an Act entitled an [Approved December 10, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: tion of SECTION 1. Section fifty-seven of an Act entitled an Act to Appropriaamend and supplemental to an Act to provide for the assessing poll tax. and collecting county and Territorial revenue, passed at the second session of the Legislative Assembly, is hereby amended so as to read as follows: "The poll tax authorized to be collected by this Act in the Counties of Humboldt, Washoe, Roop, and Lyon, and Churchill, may be appropriated, in whole or in part, by the several Boards of County Commissioners of said counties to the General Fund, or Hospital Fund, as the Commissioners thereof may direct." SEC. 2. This Act shall take effect from and after its passage. Office created. Governor to appoint. Salary. CHAP. XIII-An Act providing for the Appointment of a District [Approved December 12, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. The office of District Attorney in the Third Judicial District is hereby divided, and hereafter the District Attorney of said district shall hold and exercise his office only in the Counties of Lyon and Churchill, and his annual salary is hereby reduced to the sum of one thousand dollars, payable in the manner now provided by law. SEC. 2. The Governor is hereby authorized to appoint a District Attorney for so much of the said Third Judicial District as is comprised in the County of Humboldt, who shall keep his office at the county seat of Humboldt County, and hold the same for two years, and until his successor is appointed and qualifies, unless otherwise provided by law. SEC. 3. The said District Attorney, mentioned in section two of this Act, shall receive an annual salary of one thousand dollars, commencing from the time of his appointment, payable in the same manner as now provided by law for the several District Attorneys in this Territory. He shall also receive the same fees and emoluments, have the same powers, and be subject to the same duties, as the several District Attorneys in the Territory. SEC. 4. All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. SEC. 5. This Act shall take effect from and after its passage. Conveyed in same CHAP. XIV. An Act to provide for the Conveyance of Mining Claims. [Approved December 12, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows : SECTION 1. Conveyance of mining claims shall hereafter require the same formalities and be subject to the same rules of real estate. construction as the transfers and conveyances of other real estate. manner as Former conveyances construed. SEC. 2. All conveyances of mining claims heretofore made by bills of sale or other instruments in writing, with or without seals, recorded or unrecorded, shall be construed in accordance with the lawful local rules, regulations, and customs of the miners in the several mining districts of this Territory; and if heretofore regarded valid and binding in such districts, shall have the same force and effect between the parties thereto, as |