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torial Treasury not otherwise appropriated, in favor of the said Edwin A. Sherman, for the above amount.

Officers prohibited

warrants, etc

CHAP. CXXXII.—An Act to prevent certain Officers from dealing in certain Securities.

[Approved December 20, 1862.]

Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows:

SECTION 1. The Territorial Treasurer and Auditor, the sevefrom ral county, city, or town corporation officers of this Territory, purchasing are hereby expressly prohibited from purchasing or selling, or in any manner receiving to their own use or benefit, or to the use and benefit of any person or persons whatever, any Territory, county, or city, or town warrants, scrip, orders, demands, claim or claims, or other evidences of indebtedness against the Territory, or any county, or city, or town thereof.

From deal

ing in territorial and

debtedness,

etc.

SEC. 2. The Territorial Treasurer and Auditor, all county, city, or town corporation officers, are prohibited from purchascounty in- ing, or being interested, or receiving, or selling, or transferring, or causing to be purchased, received, sold, or transferred, either in person, or by or through the agency or means of any person or persons whatever, any interest, claim, demand, or other evidence of indebtedness against the Territory, county, city, or town corporation thereof, either directly or indirectly; nor shall any Clerk or employé of any such officer or officers, nor the Commissioners employed or to be employed to fund any county, city, or town corporation indebtedness, be allowed to make any such purchase, sale, or transfer, or to receive any agency from other persons to purchase, sell, transfer, or bargain, in any manner for any Territory, county, city, or town corporation warrants, scrip, demands, or other evidences of indebtedness against the Territory, or any county, city, or town corporations thereof. SEC. 3. It shall be the duty of the Territorial Treasurer, and shall refuse the several county, city, or town corporation Treasurers, of the warrants, etc Territory, to refuse to redeem any warrants, scrip, orders, or other evidences of indebtedness against the Territory, or any county, city, or town corporation thereof, whenever it shall come to their knowledge that such warrants, scrip, or other evidence of indebtedness, has been purchased, sold, received, or transferred, in violation of the provisions of this Act.

Treasurers

to redeem

Act construed.

SEC. 4. All public officers herein referred to shall have the right to sell or transfer any evidence of public indebtedness, which may be issued according to law and held by such officers for services rendered by them to the Territory, county, city, or town corporation, legally and justly due; and this Act shall not be deemed to apply or to prevent the purchase, sale, and transfer of any funded public indebtedness whatever of the Territory, or of any county, city, or town corporation.

SEC. 5. It shall be the duty of any officer charged with the

disbursement of any public moneys or any evidence of public Penalty. indebtedness, when he shall be informed, by affidavit, of the violation of any of the provisions of this Act by any officer whose account is to be settled, audited, or paid by him, to withhold any settlement or payment of the same, and to cause said officer to be prosecuted for a felony, and on conviction, any officer guilty of any violation of the provisions of the preceding sections of this Act shall be punished by fine not less than five hundred dollars, and shall be imprisoned in the Territorial Prison for a term not less than two months. Such conviction shall operate as a forfeiture of office, and the party convicted shall forever be disqualified from holding any office of trust or profit in this Territory. Any persons giving information which Reward for may lead to the conviction of any person under the previous giving inprovisions of this Act, shall be entitled to one half of any fine assessed upon and collected from any such officer.

formation.

CHAP. CXXXIII.—An Act to authorize Frank Perkins and his associates to construct and maintain a Toll Road.

[Approved December 20, 1862.]

Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows:

SEC. 1. Frank Perkins, his associates and assigns, are hereby Franchise. authorized to construct and maintain a toll road from Carson City, in the County of Ormsby, to a convenient point on the line of the Virginia City and Washoe Railroad, in the County of Washoe.

SEC. 2. The above named incorporators are hereby granted Right of way the right of way for the distance of two rods each side of the bed of said road, and along the entire length thereof.

ment of

SEC. 3. The construction of the road herein named shall be commencecommenced within six months from the date of the passage of work. this Act, and be completed within one year thereafter.

SEC. 4. The parties herein named shall have the right to Rates of toll. charge for passage over said road such rates of toll as they may deem reasonable, or such as the Commissioners of the counties through which the road passes shall, by joint action, prescribe.

pay toll.

SEC. 5. Any person or persons who shall neglect or refuse to Penalty for pay upon demand made the toll required in accordance with the refusing to provisions of the preceding section, shall be liable in an action for debt or damages before a Court of competent jurisdiction for the amount due to the proprietors of the road by reason of a violent or other passage through the toll gate on such road without paying the toll as required.

road.

SEC. 6. Any person or persons who shall wilfully obstruct, Penalty for injure, or destroy any grade, embankment, culvert, toll gate, or injuring other improvement on said road, shall be liable to a criminal prosecution before a Court of competent jurisdiction, and shall be fined in a sum not exceeding one thousand dollars nor less

than one hundred dollars, or be confined in the Jail of the county in which the conviction is had for a term not exceeding five years nor less than six months, or both, at the discretion of the Court by whom the case is tried.

SEC. 9. This Act shall take effect from and after its passage.

Increase of

compensation.

CHAP. CXXXIV.—An Act to audit the Claims of the Justices of the District Courts of the Territory of Nevada, for services rendered in eighteen hundred and sixty-one, and to provide for payment of the

same.

[Approved December 20, 1862.]

Be it enacted, by the Governor and Legislative Assembly of the Terri tory of Nevada, as follows:

SECTION 1. The Auditor of the Territory is hereby authorized and directed to issue warrants upon the Treasurer of this Territory in favor of Judge Gordon N. Mott, Judge Horatio N. Jones, and Judge George Turner, for such sums as, when added to their respective salaries as hitherto paid, and the amount of docket fees which said Judges have respectively received up to the date of the passage of this Act, will increase their compensation to the amount of six thousand dollars per annum from the time they entered upon the duties of their office up to the date of the passage of this Act.

SEC. 2. This Act shall take effect immediately after its passage.

Terms of
Supreme
Court.

Of First Judicial Dis

trict Court.

CHAP. CXXXV.—An_Act_amendatory of an Act entitled an Act defining the Judicial Districts, fixing the Terms of the Supreme and District Courts of the Territory, locating the County Seats of the several Counties of the Territory, and providing for the Transfer and Trial of Actions, approved November twenty-ninth, eighteen hundred and sixty-one.

Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows:

SECTION 1. There shall be three terms of the Supreme Court of this Territory held at the seat of government, annually, which shall commence on the fourth Mondays of April, August, and December, of each year; provided, that this Act shall not affect the present adjourned term of the Supreme Court.

SEC. 2. The terms of the First Judicial District Court shall commence, annually, at the county seats of the respective counties, as follows: In the County of Washoe, on the fourth Mondays of January, May, and September; in the County of Storey, on the third Mondays of February, June, and October;

in the County of Roop, on the third Mondays of August and December.

Judicial Dis

SEC. 3. The terms of the Second Judicial District Court shall of Second commence, annually, at the county seats of the respective trict Court. counties, as follows: In Ormsby County, on the first Mondays in March, July, and November; in Douglas County, on the first Mondays in February, June, and October; in Esmeralda County, on the second Mondays in May, September, and January; provided, that nothing in this Act shall interfere with the holding of the term of the District Court in Ormsby County on the first Monday in January, eighteen hundred and sixty-three, but the said term shall be held as fixed by the Act of which this Act is amendatory.

Judicial Dis

SEC. 4. The terms of the Third Judicial District Court shall of Third be held, annually, at the county seats of the several counties, as trict Court. follows: In the County of Humboldt, on the second Mondays of February, June, and October; in the County of Lyon, on the first Mondays of March, July, and November.

office of

SEC. 5. Any Judge of a Judicial District in this Territory In case of may hold a term of Court in any district in this Territory in vacancy in case of a vacancy occurring through sickness, disqualification, Judge. or resignation of the Judge properly assigned to that particular district.

SEC. 6. The Honorable George Turner, Chief Justice of the Assignment Supreme Court, is hereby assigned to the Second Judicial Dis- of Justices. trict: the Honorable Horatio M. Jones, Associate Justice, is hereby assigned to the First Judicial District; provided, in the First Judicial District such assignment shall not take effect until Judge Gordon N. Mott shall resign, or until the fourth day of March, A. D. eighteen hundred and sixty-three. The Honorable Gordon N. Mott is hereby assigned to the Third Judicial District on and after the fourth day of March, A. D. eighteen hundred and sixty-three. In case of vacancy in office, occasioned by resignation, or otherwise, the person appointed to fill such vacancy shall be Judge of the District Court held by his predecessor in office, according to the assignment herein provided for.

SEC. 7. All parts of the Act of which this Act is amendatory conflicting with the provisions of this Act are hereby repealed. This Act to take effect from and after its passage.

Approved.

TERRITORY OF NEVADA, EXECUTIVE DEPARTMENT,
Carson City, Dec. 22d, 1862.

JAMES W. NYE,

}

Governor of the Territory of Nevada.

The foregoing bill is approved, with the following explana- Explanation tion: The enrolled bill, after being passed by both Houses of of approval. the Legislature, and duly authenticated by the presiding officers thereof, was lost or mislaid before it reached me before approval, and has not been recovered. I therefore sign and approve the foregoing in its place, it having been signed by the presiding

officers of the Houses, and presented to me after the adjournment of the Legislative Assembly.

JAMES W. NYE,

Governor of the Territory of Nevada.

Fees

CHAP. CXXXVI.—An Act amendatory to an Act entitled an Act to regulate Fees and Costs, approved November twenty-ninth, eighteen hundred and sixty-one.

[Approved December 23, 1862.]

Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows:

SECTION 1. That the fees and compensation of the several officers and persons herein named shall be as follows, in the several counties of the Territory of Nevada, to wit:

OF NOTARIES PUBLIC.

SEC. 2. For drawing and copying every protest for the nonpayment of a promissory note, or for the non-payment or nonacceptance of a bill of exchange, draft, or check, two dollars.

For drawing and serving every notice of non-payment of a promissory note, or the non-payment or non-acceptance of a bill of exchange, order, draft, or check, one dollar.

For recording every protest, one dollar.

For drawing an affidavit, deposition, or other paper, for which provision is not herein named, for each folio, twenty cents.

For taking an acknowledgment or proof of a deed or other instrument, to include the seal and writing of the certificate, for the first signature, one dollar; for each additional signature, fifty cents.

For administering an oath or affirmation, twenty-five cents. For every certificate, to include writing the same, and the seal, one dollar.

OF CLERK OF DISTRICT COURT.

SEC. 3. For entering each suit on the Clerk's register of actions, and making the necessary entries therein during the progress of the trial, for each folio, thirty cents.

For issuing every writ or process, under seal, one dollar.
For issuing subpoena for each witness, twenty-five cents.
For filing each paper, twenty-five cents.

For entering every motion, rule, order, or default, fifty cents.
For entering every discontinuance, dismissal, or non-suit, fifty

cents.

For entering every cause on the calendar, and making a copy thereof for the bar, for each term of the Court, fifty cents. For calling and swearing every jury, fifty cents.

For receiving and entering each verdict of a jury, fifty cents.

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