erts, his heirs and assigns, the sum of one hundred dollars for each offence, in addition to the actual damage sustained. kept in good SEC. 3. That it shall be the duty of said Bolivar Roberts, his Bridge to be heirs and assigns, to keep at all times during the period afore- repair. said, a suitable bridge across said river, at the point aforesaid, for the safe and speedy transporting and crossing of persons and property. SEC. 4. That said Bolivar Roberts, his heirs and assigns, Rates of toll. shall be allowed to charge and receive from persons crossing over said bridge the following rates of toll: One wagon drawn by two animals, fifty (50) cents. Each additional animal, twelve and a half (121) cents. Single horse and buggy, thirty-seven and a half (37) cents. Man on horseback, twenty[-five] (25) cents. Loose stock, twelve and a half (12) cents. Pack animals, twenty[-five] (25) cents. SEC. 5. This Act to take effect and be .in force from and after its passage. CHAP. III.—An Act to provide for submitting the question of the removal of the County Seat of Humboldt County to a vote of the qualified electors thereof. [Approved December 2, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. That at the next general election to be held in When vote is the County of Humboldt, Nevada Territory, on the first Wed- to be taken. nesday of September, Anno Domini one thousand eight hundred and sixty-three, a vote shall be taken on the question of the removal of the county seat of said county from the Town of Unionville, which vote shall be taken and decided in accordance with the provisions of an Act relating to elections, and the mode of supplying vacancies, passed by the Legislative Assembly of the Territory of Nevada, and approved November twenty-ninth, Anno Domini one thousand eight hundred and sixty-one. of ballots. SEC. 2. At the election above provided for, the voter voting Regulation against the removal of said county seat, shall have written or printed on his ballot the words," For the removal of the county seat, No," and all such ballots shall be counted for the negative of the question. And the voter voting in favor of such removal, shall have written or printed on his ballot the words, "For the removal of the county seat, Yes," and shall also designate, by name, the place to which he desires it to be removed; and such ballots, and no others, shall be counted for the affirmative of the question, and in favor of the place so designated for the county seat; provided, however, that the failure to have written or printed on the ballot the exact words above stated, shall not invalidate the vote, provided the intention of the voter can be clearly ascertained from the ballot. Duty of County Commissioners. SEC. 3. If, at such election, a majority of the legal votes cast on the question of the said removal of the county seat, shall be in favor of such removal, then it shall be the duty of the County Commissioners of said county, at any time within thirty days after the day of election, to call a special meeting, and proceed to make publication, for the period of four weeks, of the result of such vote, declaring that the county seat of said county shall, from the close of said publication, be located at such point within said county as shall have been designated by and received a majority of the votes legally cast on the question of said removal; and the said place or locality shall be the permanent seat of justice for Humboldt County. SEC. 4. This Act shall take effect from and after its passage. Franchise. Location of bridges and ferries. May change location. Rates of toll CHAP. IV-An Act authorizing A. W. Nightingale, F. C. Ayres, and A. Benway, to establish and maintain a Toll Road, Bridges, and Ferries. [Approved December 2, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. A. W. Nightingale, F. C. Ayres, and A. Benway, their heirs, successors, and assigns, are hereby granted the right and privilege to construct and maintain a toll road in this Territory for the period of nineteen years; also to erect and maintain bridges, and establish and maintain ferries, charging toll thereat. Said road commencing at a point near Pea Vine Springs, in Washoe County; running from thence in an easterly direction, the general course thereof, crossing the Big Truckee near the junction of the Big and Little Truckee Rivers; thence in a northeasterly direction to a point at or near the so called Lower Ford of the Humboldt River. SEC. 2. The ferries or bridges above mentioned shall be at the points respectively where said road reaches the Truckee and Humboldt Rivers, as aforesaid; and such ferry rights shall continue and exist until such time as a bridge or bridges may be constructed by said parties; and if any bridge or bridges should be carried away or destroyed, such ferry rights or franchises hereby granted shall be revived and enjoyed by the said parties. SEC. 3. It shall be lawful for said parties to locate said road and establish said ferries and bridges on such route between the points above mentioned as in their judgment and discretion may be deemed advisable, and to change the location thereof from time to time, so as to secure the most feasible route. SEC. 4. The said parties shall have the right to charge and collect tolls on said road, and at each of the ferries or bridges, when so established or erected, not exceeding the following rates: Wagon or vehicle, with one span of horses or mules, or one yoke of cattle, two dollars. Each additional animal, twenty- Rates of toll. five cents. Horseman, fifty cents. Each pack animal, twenty-five cents. Loose stock, ten cents per head. SEC. 5. The said parties may establish toll gates at one or Toll gates. more points on said road, and collect tolls thereat; provided, the aggregate tolls so collected shall not exceed the rates as designated in this Act. refusing to SEC. 6. Any person or persons who, upon demand being made Penalty for for toll, as provided in this Act, at any toll gate on the said road, pay toll. or at said bridges or ferries, by said parties, or their Agent or Agents, refuses to pay the same, as herein authorized, or who shall pass or attempt to pass said toll gate or gates without paying toll as aforesaid, shall, upon complaint and conviction before a Court of competent jurisdiction, be fined in any sum not less than ten dollars nor more than one hundred dollars, for each offence, with costs, and stand committed until such fine and costs are paid. SEC. 7. It shall be lawful for the Governor and Legislative Assembly of this Territory, at any future session of such Legislative Assembly, to regulate, alter, or change the rates of toll herein provided for. shall be SEC.. That the said A. W. Nightingale, F. C. Ayres, and When road A. Benway, shall commence the construction of said road on or completed. before the first day of May, eighteen hundred and sixty-three, and shall prosecute the same to completion within a period of two years from the commencement thereof, at a ratio, per month, in labor or money, in proportion to the entire probable cost of the road, and should the said parties fail in complying with the provisions of this section, then all the privileges of or contained in this franchise, are hereby declared to be forfeited. purchase. SEC. 9. After the expiration of three years from the comple- Counties may tion of said road and bridges, the counties in which the same are situated, or the Territory, may have the right to purchase said road and bridges at an appraised value, to be determined by five Appraisers, two to be selected by the owners of said road and bridges, two by the County Commissioners aforesaid, and one by the four Appraisers hereinbefore provided for; and such valuation established by the said Appraisers shall be estimated to be the value of the road. Name changed. CHAP. V.-An Act changing the name of Lake County to Roop County. [Approved December 5, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. That the name of the County of Lake is hereby changed to that of Roop. SEC. 2. This Act shall take effect from and after its passage. Exclusive right granted. Proviso. CHAP. VI.-An Act to amend an Act entitled an Act for the improvement of the East Branch of Carson River, approved November twenty-eighth, eighteen hundred and sixty-one. [Approved December 10, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. Section second of an Act entitled an Act for the improvement of Carson River, approved November twentyeighth, eighteen hundred and sixty-one, is hereby amended so as to read as follows: Section 2. The said C. H. Hobbs, J. C. Russell, David Smith, and J. L. Pennell, and their assigns, shall, on their compliance with the provisions of the first section of this Act, have the exclusive right to the use of said river within the points named in said first section, for the purpose of floating down logs and timber of all kinds, for the period of five years, commencing on the first day of March, A. D. eighteen hundred and sixty-two; at the expiration of which time said river, together with all improvements made for the navigation thereof, shall be free for and open to the people of Nevada Territory; provided, nothing in this Act shall be so construed as to work detrimentally to the interests of mining or agriculture. Franchise. CHAP. VII.-An Act to create the Dayton Gas Company. [Approved December 10, 1862.] Be it enacted, by the Governor and Legislative Assembly of Nevada .SECTION 1. M. W. Starling, William Hayden, James H. Jaqua, and their associates and successors, are hereby created and constituted a corporation, to be known and designated as the Dayton Gas Company. SEC. 2. The said Dayton Gas Company shall, for and during Limit of. the period of fifteen years next ensuing the approval of this Act, have and possess the exclusive privilege of supplying the Town of Dayton, in the Territory of Nevada, and the inhabitants, residents, and people of said place, with illuminating gas. SEC. 3. The said company shall have authority to erect Erection of within the town limits of Dayton the necessary buildings, works. works, and machinery for the manufacture or production of illuminating gas, to make the necessary excavations in the public streets of said town for the purpose of laying gas pipes therein, and to re-open the said excavations for replacement and repair of said pipes; provided, that the streets of said town shall not be obstructed to an unnecessary degree, or for an unnecessary period of time, while said pipes are being laid. SEC. 4. The said Dayton Gas Company shall, within six months Time to from and after the approval of this Act, proceed to organize organize. [themselves] under the general Act of incorporation, if any such Act shall become a law and be then in force in Nevada Territory, and shall then be liable for all the duties and obligations and subject to all the penalties in such general Act of incorporation contained and expressed. SEC. 5. The said company shall, within the period of twelve Time to commonths from and after the approval of this Act, commence the plete works. construction of the works necessary for the manufacture or production of illuminating gas, and shall, within the period of thirty months from and after the approval of this Act, complete the same. SEC. 6. After the said gas works shall have gone into opera- Gas furnishtion, the said company shall furnish the Town of Dayton free ed to town. of charge: The first year two lights; the second year four lights; and thereafter four lights; and which said lights shall be furnished at such places as may be directed by the authorities or people of said town. The lamps, burners, and lamp posts to be provided for by the authorities. SEC. 7. This Act shall take effect from and after its passage. CHAP. VIII-An Act providing for the appointment of Elisors. [Approved December 10, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Terri tory of Nevada, as follows: pointment of SECTION 1. Process and orders, in an action or proceeding, Elisor, apmay be executed in any county in this Territory by a person designated by the Court, or the Judge thereof, or a Probate Judge of the county in which the action or proceeding is pending, and denominated an Elisor, in the following cases: First-When the Sheriff is a party. Second-When there is a vacancy in the office of Sheriff. Third-When it shall be made to appear, by affidavit, to the satisfaction of the Court in which the suit or proceeding is When to act. |