Section 1. That the office of County Surveyor be and is here- Office by created; and that there shall be a County Surveyor, to be created. elected in each county by the qualified electors thereof at the general election, whose term of office shall be two years, and until his successor in office shall be qualified; provided, that the County Surveyors elected in the year A. D. eighteen hundred and sixtytwo shall hold their offices for two years thereafter, and until their successors shall qualify, and said Surveyors shall keep their offices at the county seat of their respective counties, and shall qualify on or before the first Monday in October following their election. SEC. 2. This Act shall take effect from and after its passage. CHAP. XXXVI.—An Act to provide for Marks instead of Signatures. [Approved December 17, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: marks. SECTION 1. The signature of a party, when required to a Validity of written instrument, shall be equally valid if the party cannot write, provided the person make his mark; the name of the person making the mark being written near it, and the mark being witnessed by a person who writes his own name as a witness. SEC. 4. This Act shall take effect from and after its passage. CHAP. XXXVII.-An Act for the Protection of Mines and Mining [Approved December 17, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Terri tory of Nevada, as follows: may sue for of adjacent companies. SECTION 1. Any person or persons, company, or corporation, Companies being the owner or owners of or in the possession, under any injuries suslease or contract, for the working of any mine or mines within tained by the Territory of Nevada, shall have the right to institute and mismanage maintain an action, as provided by law, for the recovery of any damages that may accrue by reason of the manner in which any mine or mines has been or is being worked and managed by any person or persons, company, or corporation, who may be the owner or owners or in the possession of and working such mine or mines, under a lease or contract, and to prevent the continuance of the working and managing such mine or mines in such manner as to hinder, injure, or by reason of tun Lien, con nels, shafts, drifts, or excavations, the mode of using, or the character and size of the timbers used, or in anywise endangering the safety of any mine or mines adjacent or adjoining thereto. SEC. 2. Any judgment obtained for damages under the protinuation of. visions of this Act shall become a lien upon all the property of the judgment debtor or debtors, not exempt from execution, in the Territory of Nevada, owned by him, her, or them, or which may afterwards be acquired, as is now provided for by law, which lien shall continue two years, unless the judgment be sooner satisfied. Survey may for. ་ SEC. 3. Any person or persons named in the first two secbo applied tions of this Act, shall have the right to apply for and obtain from any District Court, or the Judge thereof, within this Territory, an order of survey in the following manner: An application shall be made by filing the affidavit of the person making the application, which affidavit shall state, as near as can be described, the location of the mine or mines of the parties complained of, and as far as known, the names of such parties; also, the location of the mine or mines of the parties making such application, and that he has reason to believe, and does believe, that the said parties complained of, their Agent, or employés, are or have been trespassing upon the mine or mines of the party complaining, or are working their mine in such manner as to damage or endanger the property of the affiant. Upon the filing of the affidavit as aforesaid, the Court, or Judge, shall cause a notice to be given to the party complained of, or the Agent thereof, which notice shall state the time, place, and before whom the application will be heard, and shall cite the party to appear, in not less than five nor more than ten days from the date thereof, to show cause why an order of survey should not be granted; and upon good cause shown, the Court or Judge shall grant such order, directed to some competent surveyor or surveyors, or to some competent mechanics, or miners, or both, as the case may be, who shall proceed to make the necessary examination as directed by the Court, and report the result and conclusions to the Court, which report shall be filed with the Clerk of said Court. The costs of the order and survey shall be paid by the persons making the application, unless such parties shall subsequently maintain an action and recover damages, as provided for in the first two sections of this Act, by reason of a trespass or damage done or threatened prior to such survey or examination having been made, and in that case such costs shall be taxed against the defendant, as other costs in the suit. The parties obtaining such survey shall be liable for any unnecessary injury done to the property in the making of such survey. SEC. 4. This Act shall take effect from and after its passage. CHAP. XXXVIII.—An Act granting the right to construct a Toll [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. Charles Rewotzky, and his associates, shall take, Franchise. have, possess, and enjoy, all the rights, privileges, franchises, and rights of way, and full power to build and construct and maintain a public toll road; provided, said franchise shall not interfere with any road already constructed; the said toll road to commence at some point in or adjoining the Town of Empire City, running thence in a southwesterly direction to a point known as "Penrod's," on Clear Creek, in the County of Ormsby, for the term of fifteen years; provided, that within six months Conditions. from the date of the passage of this Act, the said party and his associates shall commence the construction of said toll road, and, within twelve months, shall construct and complete the same, otherwise the right to construct the said toll road shall be forfeited, and this Act shall become null and void. Said parties shall at all times keep said road in good and passable condition and order, and shall be responsible for any damages arising to persons or property travelling over said road, caused by neglect to keep the said road in repair; and if at any time after the completion of said road, (after the expiration of two years,) the said County of Ormsby shall desire to purchase the said road, they shall have the right so to do, at an appraised value to be determined by five Appraisers, two to be selected by the said owner or owners of said toll road, two by the County Commismissioners of said county, and one to be selected by the four Appraisers hereinbefore provided for, and such valuation shall be estimated to be the value of the road. regulate toll SEC. 2. The said parties shall have the right to charge such County to tolls as the Board of Commissioners of Ormsby County may fix, and the said Commissioners shall open the gates of said road if said road is not kept in repair. SEC. 3. Said parties shall display at each gate a bulletin board, Bulletin on which shall be marked the rates of toll. SEC. 4. It shall be lawful for the Governor and Legislative Assembly of this Territory at any time to change, regulate, or alter the rates of toll to be charged on said road. board. receipts to SEC. 5. The grantee herein named, his successors and assigns, Report of shall keep or cause to be kept an accurate account of the receipts be made. of said road, and make quarterly reports thereof, under oath, to the County Auditor of Ormsby County, accompanied by the receipt of the Treasurer of said county for two per cent thereon, which shall be paid into the County Treasury, to be apportioned: four tenths to the Territorial Fund, and six tenths to the County Fund. SEC. 6. This Act shall take effect and be in force from and after its passage. Franchise. County to CHAP. XXXIX.-An Act granting to Moses Job, Emanuel Penrod, their heirs and assigns, the right to construct and maintain a Toll Road between the Sink of Carson River and Reese River. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of Nevada SECTION 1. Moses Job, Emanuel Penrod, their heirs and assigns, are hereby granted the right to construct and maintain a toll road, commencing at a point near the Sink of Carson River, and terminating at a point near where the stage road, known as the Simpson Route, crosses Reese River, with the privilege of collecting toll thereon for the period [of] twenty years, at the rates and in the manner herein provided for. SEC. 2. The grantees herein named, their heirs and assigns, regulate toll shall collect such rates of toll as may, from year to year, be prescribed by the Board of County Commissioners of Churchill. County, and may erect toll gates at different places along said road; provided, the aggregate amount of tolls collected thereon shall not, in the aggregate, exceed the rate prescribed by said Board of County Commissioners. Penalty for refusing to pay toll. Time for completing the work. SEC. 3. Any person travelling over said road, who refuses to pay the rates of toll prescribed for said road, shall, on conviction thereof, be fined in an amount not to exceed one hundred dol lars for each offence, and the costs of prosecution. SEC. 4. The grantees herein named shall begin said road in commencing six months after the passage of this Act, and shall complete the same within eighteen months thereafter; and the Board of Commissioners of Churchill County may allow certain rates of toll to be collected on said road, from time to time, as the construction thereof progresses; provided, that the County of Churchill may, at any time after five years, buy said road upon a valuation to be fixed by five Appraisers, two of whom shall be chosen by said grantors, two by said Board of Commissioners, and the fifth by the Appraisers so chosen. Report of receipts to be made. SEC. 5. All moneys collected from fines under the provisions of this Act, and two per cent of the gross receipts from tolls received on said road, shall be paid into the Territorial Treasury for school purposes. The said grantees, their heirs, assigns, or Agents, shall make a quarterly statement, on oath, of the gross receipts of the tolls of said road, to the Territorial Auditor, and shall pay two per cent thereon into the Territorial Treasury, for school purposes, which shall be subject to the order of the Territorial Superintendent of Public Instruction. CHAP. XL. An Act to provide for the Confirmation and Transfer of [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: tion of SECTION 1. All actions at law or in equity heretofore prose- Confirmacuted in the Courts of the State of California, having or exer- judgments. cising jurisdiction by virtue of the laws of said State over the territory of the Counties of Esmeralda, Mono, and Roop, if such counties, or any portion thereof, is now or shall become by cession or otherwise a portion of the Territory of Nevada, and any other territory that is or may hereafter become a part of the Territory of Nevada, together with all judgments and decrees of said Courts in such actions, are hereby ratified and confirmed, and made as binding and effectual for all purposes as if such actions had been prosecuted and such judgments had been rendered by a Court of competent jurisdiction within Nevada Territory. actions SEC. 2. All actions at law or in equity now pending, and all Transfers of rights of actions accruing in the Courts of the State of Cali- at law. fornia, exercising jurisdiction by virtue of the laws of said State over the territory, may be prosecuted to final judgment in said Courts of said counties, or in the proper Courts of Nevada Territory, upon the filing of a transcript of the proceedings had in the Courts of California with the Clerk of the proper Court of Nevada Territory; and all writs, proceedings, and judgments are hereby legalized, and shall be as binding and effectual for all purposes as if such actions had been commenced and prosecuted in the proper Courts of Nevada Territory. SEC. 3. Upon the filing of the certified copy of any judg- Liens. ment in any action at law or in equity that may have been tried in any Court of the State of California exercising jurisdiction over the territory, as contemplated in the first section of this Act, in the respective offices of the County Recorder of such county, the same shall be a lien upon all the real property of the judgment debtor in said Courts; and all liens now acquired by virtue of any proceedings at law or in equity now pending in said Courts, shall hold and continue to bind the property affected by such lien until final judgment and the transfer thereof as provided for in the next section of this Act. proceed SEC. 4. A transcript of the docket of a Justice of the Peace, Transfers of accompanied with a certificate of the Justice, or a transcript of ings and the judgment, confirmed by a certificate and seal of the Clerk judgments. of such Court, or a copy of the original proceedings in such action, shall be conclusive evidence of the genuineness thereof in any Court of this Territory. When a certified transcript of any such judgment shall have been filed in the office of the Clerk of the District or Probate Court within the territory contemplated in the first section of this Act, the same shall be |