CHAP. XXXII.-An Act to prohibit certain advertisements tending to promote licentiousness and crime. [Approved February 13, 1877.] The People of the State of Nevada, represented in Senate and advertise ful. SECTION 1. It shall not be lawful for any person to advertise Certain or publish, or cause to be advertised or published in a news- ments to paper, pamphlet, handbill, book, or otherwise, within the State be unlawof Nevada, any medicine, nostrum, drug, substance, or device for the prevention of human propagation, or which purports to be, or is represented to be, a preventive of conception or pregnancy in women. SEC. 2. It shall not be lawful for any person to advertise or publish, or cause to be advertised or published in the manner mentioned in section one, or otherwise, any medicine, nostrum, drug, substance, instrument, or device, to produce the miscarriage or premature delivery of a woman pregnant with child, or which purports to be, or is represented to be, productive of such miscarriage or premature delivery, nor to advertise in any manner his or her services, aid, assistance, or advice, or the services, assistance, or advice of any other person, in the procurement of such miscarriage or premature delivery. for the SEC. 3. Every person who shall violate the provisions of Penalty section one or section two of this Act, shall be deemed guilty advertiser of a misdemeanor, and on conviction thereof be punished by a fine of not less than one thousand dollars nor more than three thousand dollars, or by imprisonment in the county jail not less than six months nor more than one year, or by both such fine and imprisonment, in the discretion of the Court. Publisher. SEC. 4. The proprietor or proprietors and the manager or Penalty managers of any newspaper, periodical, or other printed sheet for the published or printed within the State of Nevada, which shall contain any advertisement prohibited by sections one and two of this Act, shall, for each publication of such advertisement, be deemed guilty of a misdemeanor, and on conviction thereof be punished in the same manner as is provided in section three of this Act. lation of forbidden SEC. 5. Every person who shall knowingly sell, distribute, The circugive away, or in any manner dispose of or exhibit to another such person any newspaper, pamphlet, book, periodical, handbill, papers printed slip, or writing, or cause the same to be so sold, distributed, disposed of, or exhibited, containing any advertisement prohibited in sections one or two of this Act, or containing any description or notice of, or reference to, or information concerning, or direction how or where to procure any medicine, drug, nostrum, substance, device, instrument, or service, the advertisement of which is herein prohibited or declared to Penalty. be unlawful, shall, on conviction thereof, be liable to the same punishment as prescribed in section three of this Act; provided, Proviso. Act to take effect that nothing in this Act shall be construed to interfere with or apply to legally licensed physicians in the legitimate practice of their profession. SEC. 6. This Act to take effect and be in force from and after the first day of May, eighteen hundred and seventy-seven. County to own toll roads on expiration.of CHAP. XXXIII.-An Act to amend section two of an Act entitled "An Act to amend sections five and seven of an Act of the Legislature of the State of Nevada entitled 'An Act to provide for constructing toll roads and bridges in the State of Nevada,” approved March tenth, eighteen hundred and seventy five. [Approved February 13, 1877.] The People of the State of Nevada, represented in Senate and SECTION 1. Section two of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section Two. Section seven of said Act of which this Act is amendatory, is hereby amended so as to read as follows: Section Seven. Upon the expiration or forfeiture of any toll road franchise granted under the provisions of this Act, and in case of the expiration or forfeiture of any toll road franchise charters. granted under the provisions of any other Act, whether the same shall have already happened or may hereafter happen, the ownership of said road, with all the rights and privileges theretofore belonging to the same, shall vest in the county or counties in which said road shall be located; and whenever the same shall have happened, or may hereafter happen, the County Commissioners of the proper county may declare so much thereof as is within their county a free highway; provided, Proviso. that in all cases falling within this section, the County Commissioners of the proper county may give a lease at a nominal rental of any such road whereon tolls are now collected, either under the provisions of any Act of the Legislature of this State, or by and with the consent of the County Commissioners aforesaid, to the proprietors, their successors or assignees of such road, for a term of not to exceed five years, giving to such lessee the right to collect tolls on such road, subject, however, to all the provisions of this Act; and upon the expiration or forfeiture of any such lease, and whenever and as often as the same shall happen, the County Commissioners of the proper county, if they deem it expedient, may give a new lease of such road upon the like terms and conditions, for a further period of not to exceed five years, to the original or any other lessee, unless said road passes through two or more counties, in which case the original lessee, or his assigns, shall have preference. Acts SEC. 2. All Acts, and parts of Acts, in conflict with the prorepealed. visions of this Act, are hereby repealed. CHAP. XXXIV —An Act to amend an Act concerning crimes and punishments, approved November twenty-sixth, A. D. eighteen hundred and sixty-one. [Approved February 13, 1877.] The People of the State of Nevada, represented in Senate and SECTION 1. Section thirty-nine of said Act is amended so as to read as follows: for duel ing. as second. Section Thirty-nine. If any person or persons, with or Penalty without deadly weapons, upon previous concert and agreement fight one with the other, or give or send, or authorize any other person to give or send a challenge verbally or in writing, to fight any other person, the person or persons giving, sending, or accepting a challenge to fight any other person, with or without weapons, upon conviction thereof shall be punished by imprisonment in the State Prison not less than two years or more than five years; and every person who shall act for Penalty another in giving, sending, or accepting either verbally or in for acting writing, a challenge to fight any other person, upon conviction thereof they, or either, or any of them, shall be punished by imprisonment in the State Prison not less than two years or more than five years. Should death ensue to any person in such fight, or should any person die from any injuries received Death in such fight within one year and one day, the person or per- ing to be sons causing, or having any agency in causing such death, deemed either by fighting, or by giving or sending for himself, or for slaughter. any other person, or in receiving for himself, or for any other person, such challenge to fight, shall be deemed guilty of manslaughter, and punished accordingly. from duel SEC. 2. All Acts, and parts of Acts, in conflict with this Act, Acts are hereby repealed. repealed. SEC. 3. This Act to go in effect from and after its passage. Act to take effect CHAP. XXXV.-An Act to amend an Act entitled "An Act concerning crimes and punishments," approved November twenty-sixth, eighteen hundred and sixty-one. [Approved February 15, 1877.] The People of the State of Nevada, represented in Senate and SECTION 1. Section fifty seven of the Act entitled an Act concerning crimes and punishments, approved November twentysixth, eighteen hundred and sixty-one, is hereby amended so as to read as follows: Section Fifty-seven. Every person who shall willfully and second burn dwelling Arson, maliciously burn or cause to be burned any dwelling house or degree, to building owned by himself, or the property of another, in the daytime, or in the night or daytime willfully burn, or cause to house, etc. be burned, any kitchen, office, shop, barn, stable, storehouse, warehouse, or other building, or stacks or stocks of grain, or stacks or stocks of hay or straw, or cordwood, or lumber, or charcoal of the value of fifty dollars or more, or standing crops, the property of any other person or corporation, or any church, meeting house, school house, State House, Court House, or other public building, or any ship, vessel, boat, or other water craft, or any bridge of the value of fifty dollars or more, erected across any of the waters of this State, such person so offending shall be deemed guilty of arson in the second degree, and upon conviction thereof shall be punished by imprisonment in the State Prison for a term not less than one year nor more than ten years; and should the life or lives of any person or persons be lost in consequence of such burning, as mentioned in this and the preceding section, such offender shall be deemed guilty of murder, and shall be indicted and punished accordingly. Punish ment. When guilty of murder. Malicious or poison etc. SEC. 2. Section one hundred and forty-two of said Act is hereby amended so as to read as follows: Section One Hundred and Forty-two. Every person who ly killing shall willfully or maliciously wound or kill, with firearms. ing cattle, knives, or other deadly weapon, any cattle or domestic animal belonging to another person, or administer any poison to, or expose any poisonous substance with the intent that the same shall be taken or swallowed by any cattle or domestic animal belonging to another person, shall on conviction be punished by imprisonment in the State Prison not less than one year nor exceeding three years, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. Punishment. Willful killing of animals running CHAP. XXXVI.-An Act to punish the willful and fraudulent killing of stock running at large, and the selling or buying any hide, or carcass, or animal, the brand on which has been cut out or obliterated. [Approved February 15, 1877.] The People of the State of Nevada, represented in Senate and SECTION 1. Any person who with intent to defraud, shall willfully kill any animal running at large not his own, shall be guilty of felony, and on conviction shall be fined not more than at large. one thousand dollars, or imprisoned in the State Prison not more than five years nor less than one year. Punish ment. Felony to sell, etc., SEC. 2. Any person who shall sell or purchase with intent hide when to defraud, the hide or carcass of any animal the brand or mark brand cut on which has been cut out or obliterated, shall be guilty of out. ment. felony, and on conviction shall be fined not more than one thou- Punishsand dollars, or imprisoned in the State Prison not more than five nor less than one year. CHAP. XXXVII.-An Act to authorize the Supreme Court, or the Justices thereof, to issue restraining orders pending the determination of appeals. [Approved February 16, 1877.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: Court au restrain on appeal. SECTION 1. In all cases when an appeal has been taken from Supreme a judgment or order denying an injunction, or dissolving an thorized injunction, the appellant may, at any time after perfecting his to issue appeal, upon filing an affidavit showing good cause therefor, ing orders apply to the Supreme Court, or to the Justices thereof, for an order restraining the respondent pending the appeal; and said Court, or a majority of the Justices thereof, may grant such order whenever it shall appear to be necessary in order to prevent irreparable damage to the appellant pending the appeal; provided, such order shall not be granted except upon a suffi- Proviso. cient undertaking of at least two sureties, to be approved by the said Court, or two Justices thereof, that the appellant will pay to the respondent all damages, not exceeding the amount specified in the undertaking, which he may sustain by reason of such restraining order, if the order appealed from shall be affirmed in the appellate Court. CHAP. XXXVIII.—An Act to extend the term granting to Isaac C. Bateman, and his associates and assigns, the right and grant conferred under and by virtue of an Act entitled "An Act to supply the Town of Austin with water," approved February sixteenth, eighteen hundred and sixty-four, passed at the third regular session of the Legislative Assembly of the Territory of Nevada. The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: of fran SECTION 1. That the right given to Isaac C. Bateman, his Extension associates and assigns, in the Act entitled "An Act to supply chise. the Town of Austin with water," approved February sixteenth, eighteen hundred and sixty-four, shall be and the same is hereby extended for the term of fifteen years from the fifteenth day of February, eighteen hundred and seventy-nine, subject, how |