Action for damages. or tannery, to injure or obstruct the natural flow of water in any river, creek, or other stream, or to permit any sawdust, chips, shavings, slabs, offal, refuse, tan bark, or other offensive matter, to enter therein, so as to damage or corrupt the purity of the water of such stream or streams. SEC. 2. Any city. or county government, or any person or persons, being the owner or owners of or in the possession of any agricultural lands, who may be injured by reason of the violation on the part of any person or persons of the provisions contained in the preceding section, shall have the right to commence and maintain an action against such person or persons for any damage sustained, in such manner as may be provided by law. SEC. 3. Any person who shall wilfully and knowingly violate the provisions of this Act, shall be guilty of a misdemeanor, and may be punished by a fine not exceeding five hundred dollars. SEC. 4. This Act shall take effect from and after its passage. Sales of Ad may be vacated. CHAP. XCIX.-An Act to amend an Act entitled an Act to regulate the Settlement of the Estates of Deceased Persons, approved November twenty-ninth, eighteen hundred and sixty-one. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. Section one hundred and seventy-one of said Act is hereby amended so as to read as follows: "Section 171. The Executor or Administrator making any ministrators sale of any real estate, shall, at the next term of the Court thereafter, or at any subsequent sitting of the Court after making any such sale, upon notice of at least ten days, to be given in such manner as the Court or Judge may direct, make a return of his proceedings to the Probate Judge, who shall examine the same, and if he shall be of opinion that the proceedings were unfair, or that the sum bid is disproportionate to the value, and that a sum exceeding such bid at least ten per centum, exclusive of the expenses of a new sale, may be obtained, he shall vacate such sale, and direct another to be had, of which notice shall be given as provided in section one hundred and sixtyeight of said Act, and the sale shall be in all respects conducted as if no previous sale had taken place; provided, that if an offer of ten per centum, or more, exclusive of the expenses of a new sale, be made to the Court or Judge, in writing, by a responsible person, it shall be in the discretion of the Court or Judge to accept and confirm the sale to such person, or to order a new sale." SEC. 2. Section one hundred and seventy-three of said Act is hereby amended, by striking out the words "sixty-nine," in said section, and inserting instead thereof the words "seventyone." SEC. 3. Section one hundred and ninety-six of said Act is hereby amended so as to read as follows: "Section 196. The Executor or Administrator shall take Possession of estate, etc. into his possession all the estate of the deceased, real and personal, and shall collect all debts due to the deceased. For the purpose of bringing suits to quiet title, or for partition of such estate, the possession of the Executors or Administrators shall be deemed the possession of the heirs or devisees; such possession by the heirs or devisees shall be subject, however, to the possession of the Executor or Administrator for all other purposes." SEC. 6. This Act shall take effect from and after its passage. CHAP. C.-An Act to incorporate the Walker Lake Ferry Company. [Approved December 20, 1862.] . Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. That J. H. Rose, his associates and assigns, be Franchise. and are hereby authorized to establish and keep a ferry across what is known as "Walker's Lake," in Esmeralda County, from any point on the one side to any point on the other which they may select as the most feasible and most convenient for the travelling public, and to land and deposit from each shore of said lake on each side thereof, and that the said J. H. Rose, his associates, their heirs and assigns, have the exclusive privilege of ferrying on said "Walker's Lake" for the term of ten years from the passage of this Act; provided, that said ferry when so established shall be subject to the same regulations and under the same restrictions as other ferries are or may hereafter be by the laws of the Territory prescribing the manner in which licensed ferries shall be kept and regulated. SEC. 2. That it shall be lawful for the said J. H. Rose, his Tolls. associates, their heirs and assigns, to receive and collect such rates of toll as the County Commissioners of Esmeralda County may prescribe. SEC. 3. That the said J. H. Rose, his associates, their heirs Conditions. or assigns, shall, on or before the twentieth day of July, A. D. eighteen hundred and sixty-three, procure for said ferry one or more good and sufficient flatboat or boats, which shall be kept at said ferry, to be propelled by hand, horse, or steam power, for the transportation of all person or persons and their property across said lake without delay; and should the laws regulating ferries be violated by said J. H. Rose, his associates, or their heirs or assigns, or if no good and sufficient boat or boats, with sufficient power or hands to work them, be provided within the time required by this Act, upon proof thereof being made Bulletin board. Two per cent to be paid county. Penalty for injuring boats. Collection of tolls. to the satisfaction of the Board of County Commissioners of Esmeralda County, then this Act shall be null and void. SEC. 4. The said parties shall cause to be kept posted up at each ferry station a bulletin board, with the rates of toll inscribed thereon. SEC. 5. Two per cent of the gross receipts for toll on said ferry shall be paid into the County Treasury of said county for Common School purposes; and if the said grantees herein named, or their Agent, shall fail to keep an accurate account of said gross receipts, and pay into said County Treasury the said two per cent once every year, upon satisfactory evidence to said Board of County Commissioners of said failure this Act shall be void. SEC. 6. Any person who shall obstruct the legitimate use of or in any manner injure any ferry boats or boat of the grantees herein, shall be deemed guilty of a misdemeanor, and upon conviction before a Court of competent jurisdiction, shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, with costs of suit, for each offence, or may be imprisoned in the County Jail for a period not exceeding six months, in the discretion of the Court. SEC. 7. The said grantees shall have the right to sue for and collect any toll or tolls that may become due to them by parties who neglect or refuse to pay the same, or any damage that may accrue to them by virtue of any injury done to said ferry or appurtenances, the same to be sued for and collected in accordance with the provisions made by law. SEC. 8. This [Act] shall take effect and be in force from and after its passage. Ten per cent CHAP. CI.—An Act to amend an Act entitled an Act establishing a Common School System for the Territory of Nevada, approved November twenty-ninth, eighteen hundred and sixty-one. [Approved December 20, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. Section two in Article One is hereby amended so as to read as follows: For the purpose of establishing and maintaining Common of revenue Schools, it shall be the duty of the County Commissioners of each county (Storey County excepted) to set apart, annually, ten per cent of all moneys paid into the County Treasury received as taxes upon the property contained in such county, and the said money so appropriated shall be paid over to the County Treasurer, to be appropriated for the support of Common Schools in the several School Districts, to be drawn in the manner hereinafter prescribed. SEC. 2. Section five, Article Two, is hereby amended so as to read as follows: All school moneys of each county in the Territory shall be money. paid over by the Territorial Treasurer to the County Treasurer, Disposition Storey County excepted, on the first day of May and the first of school day of November of each year, or as soon thereafter as the County Treasurer may apply for the same, upon the warrant of the Territorial Auditor, drawn in conformity with the apportionment of the Superintendent of Public Instruction, as provided for in section second in this Chapter [Article ;] provided, however, that no mileage nor allowance other than commissions provided for by law, shall be made to any County Treasurer for receiving and transporting said money to his county. SEC. 3. Section one, in Article Four, is hereby amended so as to read as follows: perintendent There shall be elected by the legal voters of the respective County Sucounties, at the general elections, Storey County excepted, a of Schools. County Superintendent of Common Schools for each county, who shall hold his office for the term of two years, and until his successor is duly qualified; and at the special election in January, eighteen hundred and sixty-two, said office shall be filled as provided by law for other county officers, and for the same time. SEC. 4. Section ten, in Article Four, is hereby amended so as to read as follows: The County Superintendents shall be allowed, out of the Salary of. County Treasury, in the Counties of Lyon and Ormsby, the sum of two hundred dollars per year; in all the other counties, Storey County excepted, of the Territory, one hundred dollars per year. SEC. 5. Section six, in Article Five, is hereby amended so as to read as follows: of Teachers. It shall be the duty of the Trustees to employ Teachers to Employment teach in their districts. They shall furnish fuel for the School Houses in their districts, and shall have the custody and safe keeping of the same. SEC. 6. Section seven, in Article Five, is hereby amended so as to read as follows: tion of. The Trustees shall, in connection with the County Superin. Examinatendent, examine all Teachers, and their approval shall be requisite to secure a certificate of approval from the County Superintendent. SEC. 7. Section nine, in Article Five, is hereby amended so as to read as follows: It shall be the duty of the Trustees to visit the School or School Schools in their district from time to time. They shall conform, books, etc. in the selection of school books and system of teaching, to the rules prescribed by the Territorial Board of Education; and when a Teacher experiences difficulty in the government of a School, it shall be his duty to report the case of disorderly scholars to the Trustees, who shall decide how such scholars shall be punished, or whether they shall be discharged from School. SEC. 8. Section three, in Article Four, is hereby amended so as to read as follows: It shall be the duty of the Superintendent to divide such por- School tion of his county as shall be inhabited into convenient School districts. Districts, to define the boundaries and numbers, and to prepare School districts. and keep in his office a map of the districts of the county, upon which the lines and boundaries of each district shall be clearly defined. He shall lay off new districts, or divide old ones, when the public good shall require it. He shall be present with the Trustees of the different districts at the examination of applicants for teaching, and his certificate of qualification shall be necessary; and any Teacher without said certificate shall not be entitled to any portion of the public moneys. Claim allowed. Manner of payment. CHAP. CII.-An Act for the Relief of E. A. Marsh. Be it enacted, by the Governor and Legislative Assembly of the Terri- SECTION 1. The claim of E. A. Marsh against the County of Carson, for rent of Court House and Sheriff's office, amounting to the sum of two hundred and forty dollars, be and the same is hereby audited and allowed as just indebtedness against the Territory of Nevada. SEC. 2. The Territorial Auditor is hereby directed to draw his warrant upon the Territorial Treasurer, in favor of E. A. Marsh, for the amount specified in section one of this Act. SEC. 3. This Act shall take effect from and after its passage. School Fund. Quarterly CHAP. CIII.-An Act to levy a Tax of Two per Cent of the gross proceeds of Toll Roads and Bridges in this Territory, to constitute a General School Fund. [Approved December 20, 1862.] Be it enacted, by the Governor and House of Representatives of the SECTION 1. Two per cent of the gross proceeds of all toll roads and bridges in Nevada Territory, or that may hereafter be established, shall be paid into the Treasury of the Territory, to be set apart and to constitute a School Fund. SEC. 2. The grantees and their assigns of all toll roads and statements. bridges that now are or shall hereafter be established in this Territory shall, on oath, make quarterly statements to the Auditor of the Territory, accompanied by the receipt of the Treasurer of the Territory, of the gross amount of receipts derived from tolls received from any toll road or bridge in their possession or control. Apportionment of school money. SEC. 3. All moneys received by the Territorial Treasurer by virtue of section two of this Act, shall be set apart and made a Territorial School Fund, and shall be subject to the order of the |