Rights acquired under laws * of California come a judgment of the proper Courts of Nevada Territory, and the same proceedings as to the levy, seizure, and sale of property belonging to the judgment debtor, may be had as if such judgment had been rendered in the proper Court of the Territory of Nevada. SEC. 5. All rights that have been acquired by virtue of any Act of the Legislature of the State of California, or any proand Courts, ceedings in any of the Courts of California now claiming jurismade valid. diction over the territory as contemplated in the first section of this Act, shall be deemed valid and remain in full force and effect from the passage of this Act. SEC. 6. This Act shall take effect from and after its passage. Adjutant- Armories. Exemption from jury duty. CHAP. XLI.-An Act to amend an Act entitled an Act in relation to the Militia of the Territory of Nevada, approved November twentyeighth, 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 two of said Act is hereby amended so as to read as follows: "The Adjutant-General shall be appointed by and shall hold his office during the pleasure of the Commander-in-Chief. He shall be, ex officio, Chief of Staff, Quartermaster-General, Commissary-General, Inspector-General, and Chief of Ordnance. He shall receive a salary of one thousand dollars annually, to be paid out of moneys appropriated for that purpose. He shall reside at the seat of Government, and shall keep his office open for the transaction of business every day, (Sundays excepted,) from ten o'clock, A. M., to three o'clock, P. M." SEC. 2. It shall be the duty of the Board of County Commissioners of each and every county in this Territory in which public arms, ordnance, ordnance stores, or munitions of war, or other military property or properties belonging to the Territory, have been received by any military organization, to provide, at the cost of said county, a suitable and safe armory or armories for the organized volunteer military company or companies within the limits of said county; provided, that the expense incurred for each company shall not exceed fifty dollars per month. SEC. 3. Every member of a uniformed military company, troop, or battery, and every commissioned and non-commissioned officer and musician, equipped and uniformed according to law, and an active member of the regular organization of the volunteer militia of this Territory, and actually and faithfully serving at all the parades, drills, and reviews, required or authorized by law, shall be exempt from serving on any jury in this Territory. SEC. 4. Section fifty (50) of said Act is hereby repealed, and Section hereafter no fees shall be demanded for any military commis- repealed. sion. SEC. 5. All Acts or parts of Acts inconsistent with this Act are hereby repealed. SEC. 6. This Act shall take effect from and after its passage. CHAP. XLII.—An Act to authorize the Administrator of the Estate of Austin A. Chauncey, deceased, to execute a Conveyance, and for other purposes. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. The Administrator of the estate of Austin A. Deed of Chauncey, deceased, is hereby authorized and empowered to conveyance execute and deliver to W. R. Sears a good and sufficient deed of conveyance, conveying, ratifying, and confirming to said Sears, his heirs, and assigns, all the right, title, interest, and estate of the said Austin A. Chauncey, deceased, at the time of his death, and all the right, title, interest, and estate that the said estate, by operation of law or otherwise, may have acquired, other than or in addition to that of said deceased at the time of his death, in and to all that certain property described in a certain deed of conveyance, executed by Cynthia Irene Chauncey to said. Sears, dated the fifth (5th) day of April, A. D. eighteen hundred and sixty-two, and recorded in Vol. 1, folios 130 and 131 of Ormsby County Records, and to which deed for a more accurate description reference is hereby made. firmed. SEC. 2. The sale of said property heretofore made by Cyn- Sale conthia Irene Chauncey to the said W. R. Sears, as set forth in the deed referred to in section one of this Act, is hereby confirmed, approved, and rendered valid. SEC. 3. This Act shall take effect and be in force from and after its passage. CHAP. XLIII.-An Act to provide for a Special Term of the District [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. There shall be a special term of the District Court Time for of the First Judicial District held in and for Roop County on holding the third Monday of January, A. D. eighteen hundred and sixtythree. special term. Franchise. Rates of toll. Report of receipts to be made. Penalty for refusing to pay toll. CHAP. XLIV.-An Act authorizing Rufus Walton and Westley Lambert to complete and maintain a Toll Road. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. Rufus Walton and Westley Lambert, together with such associates as they may admit, their successors and assigns, are hereby granted the right and privilege of completing and maintaining a toll road from the entrance of Clear Creek Cañon into the valley at a point where the telegraph line and the Carson City and Jack Valley road crosses; thence up said creek or cañon past the Coyote and Clear Creek Saw Mills to the forks of said creek or cañon; thence along the divide between the branches of said creek, passing through Hair & Gilchrist's ranch, over the summit, to Spooner & Co.'s ranch, through the same, and down a ravine leading to Lake Bigler, at or near Captain Pray's Saw Mill, it being over the route heretofore established by one of said parties, and now occupied and used by him as a toll road; thence running along or near the eastern shore of said lake, and connecting with the Placerville road in Lake Valley, at the most feasible point, the same passing over the route already established and in process of building by said parties, and nearly ready for travel, with the right to alter or change said road wheresoever a better grade can be obtained or the interest of the public demand, but in the main to be confined to its present location. SEC. 2. follows: The rates of toll on said road shall be established as Two animals and wagon, loaded, one dollar and fifty cents, ($1 50.) Each additional animal, twenty-five (25) cents. Empty teams, half price. Buggy and two animals, one dollar and fifty cents, ($1 50.) Horseman, twenty-five (25) cents. Hogs and sheep, two (2) cents each. The company shall keep, or cause to be kept, an accurate account of the receipts of the road, and quarterly, under oath, make a report of the same to the Territorial Auditor, said report to be accompanied by the Territorial Treasurer's receipt for two per cent on said gross amount of receipts, which money shall be by the Treasurer placed to the credit of the Territorial Treasury. SEC. 3. Any person or persons who, upon demand being made for toll, as provided in this Act, at any toll gate on said road by the 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, stand committed until such fine and costs are paid. SEC. 4. Any person or persons who shall in any way wan- Injury to tonly or maliciously destroy or injure any bridge or gate on the road. line of said road, or in such manner injure said road, upon complaint and conviction before a Court of competent jurisdiction, shall be fined in any sum not less than twenty-five dollars nor Penalty. more than five hundred dollars, with costs of suit, and stand committed until the same be paid, or be punished by imprisonment in the County Jail for a period not exceeding six months, in the discretion of the Court. All fines collected under the provisions of this Act shall be for the use and benefit of the Territorial Treasury. SEC. 5. It shall be lawful for the Governor and Legislature of this Territory, at any future session of such Legislature, to alter or change the rates of toll herein provided. road. SEC. 6. The Boards of County Commissioners of their re- County may spective counties through which this road passes, shall have purchase power, after the expiration of five years from the passage of this Act, to purchase said road at its cash value, such value to be determined by five Appraisers, two to be appointed by the several Boards of County Commissioners, two by the road company, and one by the four so appointed. Such purchase shall be made by the joint concurrence or action of the Commissioners of all the counties through which such road runs. SEC. 7. This Act shall take effect immediately after its passage. CHAP. XLV.—An Act supplementary to and amendatory of an Act [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. The members of the Legislative Assembly shall Territorial obtain from the Territorial Auditor his warrant upon the Ter- warrants. ritorial Treasurer for such sums as may be due them, upon presenting to the Auditor a certificate signed by the presiding officer and Secretary, or Clerk, of the branch of the Legislative Assembly of which he or they may be a member. SEC. 2. This Act shall take effect from and after its passage. 6 Franchise. Rates of toll. Toll gates. CHAP. XLVI.—An Act to establish a Toll Road from the Town of Dayton, Lyon County, Nevada Territory, to Desert Creek, in Esmeralda County, Nevada Territory. [Approved December 19, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. William Stuart, and his associates, their successors, or assigns, are hereby granted the right and privilege, for the period of fifteen (15) years, to take, have, possess, and enjoy all the rights, and privileges, franchises, and rights of way, and full power to build, construct, and maintain a toll road and bridge, or ferry, across West Walker River, commencing at a point on the east side of Carson River, at or near the bridge known as the Robberts Bridge, at the foot of Main street, in the Town of Dayton, Lyon County, Territory of Nevada; thence running in a southeasterly direction, to Palmyra District; thence in a southerly direction, to a point on the West Branch of Walker River at or near Jack Wright's Station; thence crossing said Walker River to a point on Desert Creek, connecting with the toll road granted to William H. Dickson and others, by an Act, approved November twenty-eighth, A. D. eighteen hundred and sixty-one. SEC. 2. The said William Stuart, and his associates or assigns, shall have the right to charge and collect tollage on said road, not exceeding the following rates, viz: Wagon and one span of horses, two dollars and fifty cents. Buggy and two horses, two dollars and fifty cents. Man on horseback, fifty cents. Each pack animal, twenty-five cents. Each loose animal, fifteen cents. And further, the rates of tolls for crossing said bridge or ferry shall not exceed the following rates, viz: Wagon and one span of horses, one dollar. Loose animals, each, five cents. SEC. 3. The said William Stuart, and his associates or assigns, may also establish toll gates at one or more points on said roads, and collect tolls thereat; provided, the aggregate tolls so collected shall not exceed the rates as designated in section two in this Act. And said William Stuart, and his associates or assigns, are hereby enjoined to keep said road and bridge or ferry in good condition and repair; and the said company, or their assigns, shall have the right to enter into or pass through any of the public lands for the purpose of constructing said road, or to take therefrom any gravel, stone, timber, or other material, for the purpose of constructing or repairing said road, |