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governed by the same rules as similar courts in the United States army, and they shall have the same power to preserve order, punish contempts, and compel the attendance of witnesses as courts-martial have.

4079. Fees of civil officers-Liabilities.

SEC. 80. For all services under this act, sheriffs, constables, and jailers shall receive like fees as for similar services in other cases, and shall be subject to the same penalties for any neglect of duty.

4080. Seal of adjutant-general-Imports verity.

SEC. 81. The adjutant-general shall have a seal of office, to be approved by the commander-in-chief, and all copies of records or papers in his office, duly certified and authenticated under the said seal, shall be in evidence in all cases in like manner as if the originals were produced.

4081. Hours of military duty-Exemption from arrest on civil process.

SEC. 82. On the days of military parade, appointed by the commanderin-chief, the militia so called out and doing military duty shall be considered to be under military discipline from the rising to the setting of the sun; and no officer, noncommissioned officer, musician, artificer, or private, belonging to the same during the time aforesaid, shall be subject to be arrested on any civil process.

4082. Not to obstruct highways or grounds-Penalty.

SEC. 83. The commanding officer of any parade, review, or drill, and the officer in charge of any rendezvous, may cause the grounds selected for that purpose to be marked or designated in such a manner as not to obstruct the passage of travelers on any public highway; and if any person during the occupation of such ground for such military purpose shall encroach upon such bounds, and enter upon such ground, without the permission of such officer commanding or in charge, he may be put and kept under guard by the order of such commander, until the setting of the sun of the same day, and, moreover, shall be subject to arrest and punishment by any court of competent jurisdiction for a breach of the peace.

4083. Penalty for insulting officer or soldier.

SEC. 84. If any person shall intercept, molest or insult, by abusive words or behavior, any officer, noncommissioned officer, or soldier, while in the performance of his military duty, he shall be immediately put under guard, and kept at the discretion of the commanding officer of the forces engaged in the performance of such military duty, until the setting of the sun of the same day on which the offense shall have been committed; and, moreover, shall be subject to arrest and punishment by any court of competent jurisdiction for a breach of the peace.

4084. Disobeying orders-Insubordination-Court-martialed.

SEC. 85. Any officer, noncommissioned officer, or soldier, on military duty who shall disobey the legal orders of his superior, use any reproachful or abusive language to his superior, or misbehave or demean himself in an unofficer or unsoldierlike manner, shall be immediately arrested if an officer, and if a noncommissioned officer or soldier, shall be disarmed and put under guard, and shall be tried and punished by a court-martial, according to law and military usage.

4085. Companies temporarily organized into battalions, when-Commanding officer.

SEC. 86. In case of parades, reviews, inspections, or musters, of the troops of any brigade, any companies not organized into battalions shall be tempo

rarily organized into a battalion for the duties of the day; and the battalion so temporarily organized shall be commanded by the officer senior in rank of the companies composing it. It shall be optional with any such unattached companies to attach themselves for the day to any organized battalion or battalions, or to organize a temporary battalion; but no such temporary battalion shall be organized of less than three companies, if there be any organized battalion or battalions present on duty to which they may attach themselves without exceeding the complement fixed by this act. If such unattached companies shall not attach or organize themselves in acccordance with the provisions of this section, the officer commanding the brigade for the day shall order such assignment or organization.

4086. Property exempt from execution.

SEC. 87. Horses and equipments of officers of mounted companies, and all company property of uniformed companies, organized under this act, shall be exempt from execution.

The act of 1865, 389, sec. 6, since repealed, was cited in State ex rel. Nightingill v. Storey Co., 1 Nev. 265, 271.

The act of 1893, 127, directing appropriations by boards of county commissioners for encampments and other public holiday celebrations, since repealed, was cited in State ex rel. Beck v. Washoe Co., 22 Nev. 17 (34) P. 1057).

Act of 1895, 108, since repealed, see. 11. The "expenses" provided for are actual expenses incurred in procuring an armory. State ex rel. Pyne v. La Grave, 22 Nev. 417, 418 (41 P. 115); also, cited in State ex rel. Sutherland v. Nye, 23 Nev. 99, 100 (42 P. 866); State ex rel. Pyne v. La Grave, 23 Nev. 25, 26, 28 (62 A. Š. 764, 41 P. 1075).

STATE ORPHANS' HOME

For the erection of a state orphans' home, and to provide for the same, sections 4087, 4088.
Government and maintenance of the state orphans' home, sections 4089-4103.
Granting certain powers to the board of directors, section 4104.

Fixing the salary of the superintendent and matron, section 4105.

To provide educational facilities for children of, sections 4106-4108.

An Act for the erection of a state orphans' home, and to provide for the same.

Approved March 3, 1869, 111

4087. Location at Carson City.

SECTION 1. There shall be established within the limits of the city of Carson, in the manner hereinafter provided for, a state orphans' home. [Secs. 2 to 13, inclusive, superseded by following act, secs. 4089–4103.]

4088. Property to be donated.

SEC. 14. Said orphans' home building to be erected on a lot in Carson City of not less than ten acres, to be donated to the state by the citizens of Ormsby County.

Cited, State ex rel. Wright v. Dovey, 19 Nev. 397 (12 P. 910).

An Act for the government and maintenance of the state orphans' home.

Approved March 1, 1873, 103

4089. Directors, who constitute-Organiza- 4092. Orphans declared wards of the statetion.

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Services and education.

4093. Orphans, how admitted to home – Notice-Expenses.

4094.

Inmates to be taught-Superintendent

to notify commissioners of boys approaching age.

4095. Age of majority for purposes of actChildren over fourteen or mentally or physically deficient not admitted. 4096. Orphans escaping may be recaptured— Action to be brought-Property of wards-Guardianship.

4097. Board may discharge or apprentice

orphans.

4099. Idem-County commissioners to send
and support-Wards of state.
4100. Idem-Nonorphans released, when-
Expenses.

4101. Estimates of supplies required-Where
filed.

4102. Idem-Contracts for supplies adver tised.

4098. Children other than orphans may be 4103. Idem-Contract for supplies awarded. admitted-Conditions.

4089. Directors, who constitute-Organization.

SECTION 1. The administration of the state orphans' home shall be under the control of a board of three directors, to consist of the superintendent of public instruction, surveyor-general, and state treasurer. They shall elect from their number a president and vice-president. They shall be known by the name and style of the directors of the state orphans' home. As amended, Stats. 1873, 192.

Cited, State ex rel. Wright v. Dovey, 19 Nev. 396, 398 (12 P. 910). 4090. Powers and duties-Record of proceedings-Reports-Superintendent and matron-Teacher-Employees.

SEC. 2. The directors shall have full power to manage and administer the affairs of said home, to make by-laws for their own government and the government of the home; provided, that they are not repugnant to the laws of the United States or of this state. They shall cause to be kept a record of their proceedings, which shall at all times be open for the inspection of a committee appointed by the legislature; they shall submit to the legislature, during the second week of each session, a biennial report, showing the amount of receipts and expenditures, the condition of the home, the number of orphans and half orphans admitted and discharged during the interval between the regular sessions of the legislature; they shall have power to erect such additions to the building occupied as the home (with the appropriations made biennially for its support) as may be necessary for the proper care and accommodation of the inmates; to appoint a superintendent and matron, who shall be man and wife, and a teacher who shall reside at the home and have charge of the educational department-said teacher to be duly qualified as is now provided under the state school law. The directors shall also have power to employ all other suitable persons necessary to conduct the affairs of the home.

Children may attend public schools, sec. 4106.
Water supply for, see secs. 4424 4426.

4091. Accounts against home examined-How paid.

SEC. 3. All accounts and demands against the state orphans' home shall be examined and approved by the board of directors before going before the state board of examiners, and, when allowed by the board of examiners, the controller of state shall draw his warrant on the state orphans' home fund for that amount.

[Sec. 4 (salary) superseded, sec. 4105.]

[Sec. 5 obsolete.]

4092. Orphans declared wards of the state-Services and education.

SEC. 6. It is hereby determined and declared that all orphans duly admitted to the state orphans' home thereby become the wards of the State of Nevada, and are entitled, under the provisions of this act, to the care, protection, and guardianship of the State of Nevada; and it is further determined and declared that the State of Nevada, for the care, protection, and guardianship of all such wards, is entitled to their services as herein provided, and has the right to train and educate them for useful places in

society, and that such rights of the state are superior to the claims of any and all relations or persons, resident or nonresident.

4093. Orphans, how admitted to home-Notice-Expenses.

SEC. 7. Upon the application, in writing, of any citizen of the State of Nevada, in behalf of any whole orphan, to the district judge of any county, showing such orphan to be the child of parents who (or either of them), at the time of decease, were resident citizens of the State of Nevada, and that the condition of said orphan is such that it would be for his or her best interest to be admitted to the state orphans' home, and giving the name and place of residence of the nearest relation of such orphan, resident in the State of Nevada, such application being verified by the oath of the party making it, the district judge, sitting either in chambers, or as a court, shall issue a citation, to be served, respected, and enforced as are other judicial writs, commanding applicant to be and appear before him, at a time and place to be specified, not less than five days thereafter (provided said district judge may, in his discretion, shorten the time), and make proof concerning the matter in the application set forth, and a notice of the hearing shall be given in like manner to the nearest relation of the orphan, resident in the state. At the same time the judge shall cite the party having the control or custody of said orphan to bring him or her before the judge on the date of hearing. On the day of the hearing the judge or court shall examine into the matter of the application, and may hear evidence, and require witnesses to be produced before him, and shall examine said orphan separate and apart from all persons; and if the judge or court determines that it is for the best interests of such orphan and of the state that he or she shall be admitted to the privileges of the state orphans' home, he shall make an order to that effect, and direct the sheriff or some other suitable person to convey, or have conveyed, said orphan to said home, accompanied by a copy of the order of the court, and delivered to any member of the board of directors of said home. Any whole orphan, under the age of ten years, need not be brought before such judge or court on the day of hearing mentioned; but on application, in writing, as hereinbefore set forth, of the nearest relation of any such whole orphan, the notice and citation precedent to the hearing may, in the discretion of the judge, be omitted. The expenses of the proceedings herein provided for, and of the transportation of orphans to the home, shall be a county charge. 4094. Inmates to be taught-Superintendent to notify commissioners of boys approaching age.

SEC. 8. All orphans and children admitted to the state orphans' home shall, under the direction of the board of directors, be taught the usual branches of an English education. The female children shall be taught the useful occupations of housewifery and such other useful occupations as the board of directors may require. When nearing the age of sixteen, it shall be the duty of the superintendent to notify the board of county commissioners of the county from which the male child is sent to the state orphans' home, of his coming to maturity, that they may find a place to teach him a useful trade, or occupation, or place him in some useful employment, and, when so placed, said boy shall at all times, be under the supervision of the board of county commissioners of said county until he arrives at the age of eighteen years. All labor and occupation shall be fitted to the capacity and best ability of the child as the board may determine. As amended, Stats. 1909, 322.

4095. Age of majority for purposes of act-Children over fourteen or mentally or physically deficient not admitted.

SEC. 9. Upon complying with the provisions of this act, all children under

fourteen years of age, may be admitted to the state orphans' home; provided, no child ever shall be admitted to, or received into, said state orphans' home, who is either an insane person, an idiot, or a person so mentally or physically deformed as to be incapable of receiving the elements of an education in the usual English branches. For the purpose of this act the age of majority for all females that are, or may be, wards of the state shall be eighteen years, and all males sixteen years. As amended, Stats. 1893, 36; 1909, 323. 4096. Orphans escaping may be recaptured-Action may be broughtProperty of wards-Guardianship.

SEC. 10. If during the wardship of any orphan in said home, he or she shall escape or remain absent from said home without consent of due authority, it shall be lawful and is hereby made the duty of the board of directors, and such officers as they may empower, to pursue and capture such ward and return him or her to the home; and they are hereby empowered, in the name of the State of Nevada, with the consent of the attorney-general, to bring and maintain a summary action at law, or to sue out a writ of habeas corpus to recover and detain any escaping orphan from such home. And in case any orphan in said home shall be or become possessed of property, it shall be the duty of said board of directors to appear in any court or proceeding for the purpose of having appointed a proper guardian of the estate of such orphan, and at all times to appear, answer for, and represent said orphan for the protection and care of such property.

4097. Board may discharge or apprentice orphans.

SEC. 11. Whenever said board shall deem it for the best interest of any orphan in said home, or of the state, they may discharge any orphan therein; and they are hereby empowered, whenever they may deem it meet and proper, to apprentice any orphan in said home to the head of any family, or to any person carrying on a useful and proper business; but in all such indentures of apprenticeship the board shall reserve the power to themselves at any time to cancel the same, and reclaim said orphan to the home whenever in their judgment the best interest of said orphan and the state shall demand.

4098. Children other than orphans may be admitted-Conditions.

SEC. 12. Nothing in this act shall be construed to prevent the board of directors, at their discretion, from receiving any child from its living resident parent, parents, guardian or guardians, upon a proper showing to their satisfaction of the inability of such parent, parents, guardian or guardians, to support and care for such child; and that such board may require the living parent, parents, guardian or guardians of such child, so admitted to contribute such sum to its support as said board may determine. As amended, Stats. 1903, 62.

4099. Idem-County commissioners to send and support-Wards of state. SEC. 13. Children admitted to the state orphans' home under the provisions of section 12 of this act, as amended, are hereby declared and adjudged to be wards of the state as fully as whole orphans, subject only to such conditions of admission as may be fixed by the board of directors; provided, that no child shall be received by the board of directors of said orphans' home unless they be sent by the county commissioners of the county in which the children reside; and further provided, that the county from which the child is sent shall agree by its county commissioners to pay for the maintenance of said child at a reasonable rate, said rate to be fixed by the board of directors of said orphans' home. As amended, Stats. 1903, 63.

4100. Idem-Nonorphans released, when-Expenses.

SEC. 14. The board, on the certificate of the district judge of the county

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