Printing of laws in newspaper. Copies of furnished. CHAP. CXXII.—An Act relative to the Printing of the Session Laws of eighteen hundred and sixty-two. [Approved December 20, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. For the purpose of securing the early printing of the laws of the present session, the Daily Territorial Enterprise, published in the City of Virginia, is hereby authorized to publish in their daily paper all laws passed by the second session of the Legislative Assembly of the Territory of Nevada, each Act to have but one insertion in such paper, and all laws of a general character shall be published first, and such order of publication shall be designated by the Governor. SEC. 2. It shall be the duty of the proprietors of the Terripaper to be torial Enterprise to furnish a copy of each number of such daily paper containing the laws, to the Governor, Secretary of the Territory, Justices of the Supreme Court, and each member of the Council and House of Representatives, free of all charges. Compensa SEC. 3. The proprietors of the said Territorial Enterprise tion allowed. shall receive for compensation for such publication, the sum of ten hundred dollars, to be paid out of any funds in the Territorial Treasury not otherwise appropriated; and it is hereby made the duty of the Territorial Auditor to draw his warrants upon the Treasurer for such amount upon the completion of such publication. Acts 80 be read in evidence. SEC. 4. All Acts published in said paper may be read in eviprinted may dence from the paper in which it may be contained in all Courts of Justice in this Territory, and in proceedings before any officer, body, or Board, until the first day of March next; provided, this Act is passed upon the express understanding and condition that the proprietors of said Territorial Enterprise shall publish not less than five columns per day, all to be printed on the same side of the sheet each day. SEC. 5. Nothing in this Act shall be so construed as to authorize or require the printing of any Act granting a private franchise. SEC. 6. This Act shall take effect from and after its passage. Constitu CHAP. CXXIII-An Act to frame a Constitution and State Government for the State of Washoe. [Approved December 20, 1862.] Be it enacted, by the Governor and Legislative Assembly of Nevada SECTION 1. There shall be an election on the first Wednesday tional Con- in September, A. D. eighteen hundred and sixty-three, in the several voting precincts in the Territory of Nevada, for dele vention. gates to a convention to frame a Constitution and State Government for the State of Washoe. delegates. SEC. 2. Said convention shall be composed of thirty-nine Apportionmembers, to be appointed among the respective counties of the ment of Territory, as follows: The County of Douglas shall be entitled to three delegates; the County of Ormsby shall be entitled to five delegates; the County of Washoe shall be entitled to five delegates; the County of Storey shall be entitled to eleven delegates; the County of Lyon shall be entitled to four delegates; the County of Churchill shall be entitled to one delegate; the County of Esmeralda shall be entitled to five delegates; the County of Humboldt shall be entitled to three delegates; the County of Roop shall be entitled to two delegates. against State SEC. 3. At the election herein provided for, every elector Electors may qualified as provided for by this Act may vote by ballot for vote for or State Government, or against State Government; and may also Government vote by ballot for such member or persons to be delegates to a Constitutional Convention as the county or district in which he [resides] may be entitled to. SEC. 4. Separate ballot boxes shall be provided, in one of Ballot boxes. which shall be deposited the ballots for or against State Government, and in the other ballots for delegates to the State Convention. SEC. 5. Every white male person over the age of twenty-one Qualification years, who shall possess the qualifications of voters prescribed of voters. by the laws of this Territory, shall be a qualified voter for the election herein provided for; and every such person who shall have resided six months in this Territory, and forty days in the county or delegate district in which he may be voted for, shall be eligible as a delegate from such county or delegate districts; provided, that no person who is by any statute of this Territory disqualified to vote or hold office therein, in consequence of having been convicted of crime for having violated any law of this Territory, shall be entitled to vote or be eligible as a delegate under this Act. returns. SEC. 6. The returns of each precinct or election district shall Election be made to the Clerk of the county in which it is situate, if there be such a Clerk; if not, then to the Clerk of the county first named in the clause of this Act, making such organized county a delegate district, or a part thereof. Clerk. SEC. 7. The County Clerk to whom such returns shall be Duty of made shall forthwith send by mail the abstract for votes for or County against State government, directed to the Secretary of the Territory of Nevada; and if any such Clerk shall fail to transmit such abstract by the earliest mail between the county seat of such county and Carson City, he shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by fine not exceeding five hundred dollars, or by imprisonment in the County Jail not exceeding six months, or by both such fine. and imprisonment, in the discretion of the Court. SEC. 8. The votes of which abstract shall be received by the Canvass Secretary shall be immediately canvassed by Governor, Chief of votes. Justice, and Secretary, and if it shall be found that a majority of Canvass of votes. Meeting of all the votes cast shall be in favor of a State Government, the Governor shall forthwith make known, by proclamation in at least two newspapers published in the Territory, the result of the vote on the question of State Government, and as soon as the proclamation shall become known to the various County Clerks, they shall proceed to canvass the votes for members of said convention, and shall issue certificates of election to the persons having, respectively, the highest number of votes for delegates from the several delegate districts; and in case of a tie between two persons who have a sufficient number of votes to make it necessary, the contestants shall, in the presence of the canvassers, determine by lot which of them shall be the delegate, and the County Clerk shall issue a certificate of election accordingly. SEC. 9. If it shall appear upon the canvass hereinafter propowers of. vided for, that a majority of all the votes on the question of State Government have been given for State Government, the delegates elected shall meet at the Capital of the Territory, on the first Tuesday of November, and thereupon shall have power and authority and proceed to prepare and frame a Constitution for the State of Washoe, to be submitted to the electors of the Territory for adoption and approval by them; and unless it shall be so submitted, and adopted, and approved, at an election to be appointed by the Constitutional Convention, it shall not, for any purpose whatever, be deemed or held to be the act of the people of Washoe. Manner of holding election. Pay of members. SEC. 10. All the provisions of the Act concerning elections, approved November twenty-ninth, A. D. eighteen hundred and sixty-one, which are not inconsistent with this Act, shall apply to the holding of the election, making returns, and procuring returns when they shall not be duly received under the provisions of this Act, and the Judges and Clerks of the last general election shall conduct the election herein provided for; provided, that the County Clerk in each of the counties of the Territory shall have power, in the case of vacancies, to appoint one or more electors to act as Judges of the Election, as provided for in this Act, who, when so appointed, shall have power to appoint, in case of vacancy, Clerks of such elections. SEC. 11. The sum of three thousand dollars is hereby appropriated out of the Territorial Treasury to pay the members of said Constitutional Convention and the incidental expenses of said body, which sum is subject to the order of the Convention. CHAP. CXXIV.-An Act to amend and supplemental to an Act to provide for the Assessing and Collecting County and Territorial Revenue. [Approved December 20, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. An annual ad valorem tax of fifty cents upon each Taxes levied one hundred dollars value of taxable property, for Territorial purposes, upon the assessed value of all property in this Territory, not by this Act exempt from taxation, is hereby levied and directed to be collected and paid; and upon the same property, the Board of Commissioners of each county is also hereby authorized and empowered to levy and collect, annually, a tax for county expenditures, not exceeding eighty cents on each one hundred dollars; and upon the same property, the Board of Commissioners of each county is also hereby authorized and empowered to levy and collect, annually, such additional and special taxes as the laws of this Territory may authorize or require them to levy or collect; provided, that whenever the Board of Commissioners levy any tax, they shall cause such levy to be entered on the record of their proceedings, and shall direct their Clerk to deliver a certified copy thereof to the Assessor, Tax Collector, Auditor, and Treasurer, each of whom shall file said copy in his office. Board of SEC. 2. The Board of Commissioners of each county shall, Duty of prior to the first Monday of May, unless otherwise provided by County Comspecial Act, annually assess the amount of taxes that shall be missioners. levied for county purposes, designating the number of cents. which shall, on each one hundred dollars of taxable property, real or personal, be levied for each purpose; and shall add thereto the amount levied by law on each one hundred dollars of taxable property, real or personal, for either Territorial or county purposes. All taxes levied under the provisions of this Act shall be paid in the current gold and silver coin of the United States, or in foreign coin at the value fixed for such coin by the laws of the United States; provided, however, that county taxes, levied in accordance with the provisions of any special Act, may be collected in such funds as in such special Act may be provided. The Board of Commissioners of the respective counties shall, prior to the first Monday in May of each year, cause to be prepared suitable and well bound books for the use of the Assessor, in which he shall enter his tax list, or assessment rolls, as hereinafter provided; said books shall contain suitable printed heads, and be ruled to conform with the form of the assessment roll, as provided in this Act. against SEC. 3. Every tax levied under the provisions or authority Tax a lien of this Act, is hereby made a lien against the property assessed, property. which lien shall attach on the first Monday in May in each year, on all property then in the Territory, and on all other property whenever it reaches the Territory, and shall not be satisfied or removed until the taxes are all paid, or the property has absolutely vested in a purchaser under a sale for taxes. Property SEC. 4. All property of every kind and nature whatsoever exempt from within this Territory shall be subject to taxation, except: taxation. First-All lands and lots of ground, with buildings, improvements, and structures thereon, belonging to the Territory, or any municipal corporation, or to any county of the Territory, and all lands belonging to the United States, or to this Territory, and all buildings and improvements belonging to the United States or to this Territory. Second-Court-houses, jails, town halls, council chambers, houses occupied by fire and military companies and their apparatus, and other public structures and edifices; and all squares and lots kept open for health or public use, or for ornament, belonging to any county, city, town, or village in this Territory; public libraries, colleges, school-houses, and other buildings for the purpose of education, with their furniture, libraries, and other equipments, and the lots or lands thereto appurtenant, and used therewith, so long as the same shall be used for that purpose; provided, that when any of the property mentioned in this subdivision is private property, from which a rent or other valuable consideration is received for its use, the same shall be taxed as other property. Third-Public hospitals, asylums, poor-houses, and other charitable and benevolent institutions for the relief of the indigent or afflicted, and the lots or lands thereunto appurtenant, with all their furniture and equipments; all grounds and buildings belonging to agricultural societies, so long as the same shall be used for that purpose only, and without pecuniary gain. Fourth-Churches, chapels, and other buildings for religious worship, with their furniture and equipments, and the lots of ground appurtenant thereto and used therewith; provided, rent is not paid for such ground, so long as the same shall be used for such purposes only, without yielding rent. Fifth-The buildings and lots of ground appurtenant thereto, and used therewith, owned and used by the Order of Free and Accepted Masons, the Independent Order of Odd Fellows, or by any benevolent or charitable society, except such buildings and lots of ground as are owned in connection with individual owners, then only to the extent owned by such orders or societies. Sixth Cemeteries and graveyards set apart and used for the purpose of interring the dead. Seventh-The property of widows or orphan children, not to exceed the amount of one thousand dollars to any one family. Eighth-Growing crops. Ninth-Unproductive mining claims. Tenth-No property belonging to any person who has arrived across the Plains for the first time, after the first day of July in any year, shall be assessed in the same year, unless such property exceed one thousand dollars in value, and in case it does exceed such sum, then only the excess above that sum shall be assessed to such person; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the lands belonging to the United States; and, provided, further, that nothing herein shall be intended to interfere with the primary title to the lands belonging to the United States. |