and attested by the same officer as ex-officio Adjutant General of the State, and the officer so commissioned shall take the oath of office pre- Oath. scribed by the Constitution, before some officer authorized by law to administer oaths, a copy of which oath shall be indorsed on each commission, and a certified copy of the same shall be made out by the officer administering it and delivered to the officer taking it, and by him transmitted to the Adjutant General; and the commission shall be deemed as taking effect on the day of the indorsement and transmission of the certificate of the oath, as herein provided. In case of promotion, the oath Oath not need not be renewed, and the commission shall take effect from its when. date. Commissions shall run at the pleasure of the Commander-inChief, except as herein otherwise provided. No fees shall be charged Fees not to for issuing commissions under this Act, to any officer of the militia of be charged.

this State.

SEC. 2. Section twenty-two of said Act is amended, so as to read as follows:

renewed,

relation to

lic arms,etc.

allowed to

companies.

quarterly.

Section Twenty-two. It shall be the duty of the Board of County Duty of Commissioners of any county in this State in which public arms, accou- CommisCounty trements or military stores are so received, to audit and allow for the sioners in care and custody thereof, and to defray the current expenses of military care of puborganizations therein, the sums, and in manner as hereinafter in this section specified. That is to say: in any county wherein there shall be sums to be three companies organized, there shall be allowed and paid two thousand dollars; in any county wherein there shall be two companies, fifteen hundred dollars; and in any county wherein there shall be one company organized, one thousand dollars annually; such sums so to be audited and allowed, quarter yearly, from the first day of January, A.D. To be 1867, on presentation of claims by the officers or finance committee of allowed the several companies so organized, one-half of such allowance to be paid out of the funds in the County Treasury belonging to the State, Allowance how paid. and the other half out of the General Fund of the County, to be paid by the County Treasurer on presentation, by the proper officer of the company or companies entitled thereto, of the Auditors' certificate of such allowance having been made by the Board of County Commissioners. In counties wherein there are two or more companies so organized, such allowance to be equally divided among them. And the County Treasurer shall require from the officer or committee to whom he shall pay the State's portion of such allowance, a receipt County therefor, which shall be received by the State Treasurer as so much to require money, and be so allowed in the settlement by the County Treasurer receipt, etc. with the Controller and Treasurer of State.

SEC. 3. Section seventy-one is hereby amended, so as to read as follows:

Treasurer

er-in-chief

militia.

Section Seventy-one. The Commander-in-Chief shall by order pre- Commandscribe a uniform for the volunteer organized militia of this State, and to prescribe communicate the same through proper military channels, and no uni- uniform for forms different from that prescribed in such order shall be worn when on duty; provided, such order shall not be construed to affect compa- Proviso. nies which have a uniform differing from that prescribed, which was adopted and obtained previous to the order; but any company so preuniformed shall, when they effect a change therein, conform to the requirements of this section.

14

Attorney

General to keep office

reside and

at seat of govern

ment, etc.

To prosecute or de

causes.

CHAP. LXVII.-An Act defining the duties of the Attorney General of the State of Nevada.

[Approved March 11, 1867.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Attorney General shall reside and keep his office at the seat of government, and shall not absent himself from the State exceeding sixty consecutive days without leave of absence from the Legislature. He shall be commissioned by the Governor, and shall take the oath prescribed by the Constitution, and shall give bond with security, to be approved by the Board of State Examiners, in the sum of five thousand dollars, conditioned for the faithful performance of the duties of his office.

SEC. 2. The Attorney General shall attend each of the terms of fend certain the Supreme Court, and there prosecute or defend, as the case may be, on the part of the State, all causes to which the State may be a party; also, all causes to which any officer of the State, in his official capacity, may be a party; also, all causes to which any county may be a party, other than those in which the interest of the county may be adverse to the State, or any officer of the State, acting in his official capacity; and after judgment obtained in any such cause, he shall direct such proceedings, and sue out such process as may be required to carry the To account same into execution. He shall account for, and pay over to the proper for moneys. officer, without delay, all moneys which may come into his hands belonging to the State or any county. It shall be his duty to assist in all impeachments which may be tried before the Senate.

To give written

opinions to

certain officers.

To keep a docket of

SEC. 3. When required, the Attorney General shall give his opinion, in writing, upon any question of law, to the Governor, the Secretary of State, Controller, Treasurer, Surveyor General, the Trustees, Commissioners, or Warden of State Prison, Hospital, or Asylum, or the officers of any State institution whatever, and to any District Attorney, upon any question of law relating to their respective offices; and for no duty required of him by law shall he be entitled to receive any fee whatever.

SEC. 4. The Attorney General shall keep a docket of all causes to causes, etc. which the State, or any officer of the State, in his official capacity, or any county, may be a party; which docket shall at all times, in business hours, be open to the inspection of the public, and shall set forth the county, district, and Court in which said causes shall have been instituted, tried, and adjudged, and whether civil or criminal causes; if civil causes, the nature of the demand, the stage of the proceedings; and when prosecuted to judgment, a memorandum of the judgment, of the process, if any issued thereon, and whether satisfied or not, and if not satisfied, the return of the Sheriff or other officer on said process; and if criminal causes, the nature of the crime, the mode of prosecution, the style of the proceedings, and when prosecuted to sentence, a memorandum of the sentence.

SEC. 5. The Attorney General shall, also, on the first day of January annually, report to the Governor the condition of the affairs of his department, and in such report make such suggestions as shall ap

annually Governor.

District

pear to him calculated to improve the laws of the State. He shall To report communicate to the Governor, or either branch of the Legislature, to the when requested, any information concerning his office. SEC. 6. Whenever the Governor shall direct, or in the opinion of To assist the Attorney General, to protect and secure the interest of the State, Attorneys it is necessary that a suit be commenced or defended in any Court, it is hereby made the duty of the Attorney General to commence such action, or make such defense; and such actions may be instituted in any District Court in the State, or in any Justice's Court of the proper county.

in certain

cases.

SEC. 7. If the Attorney General shall neglect or refuse to perform Refusal to perform any of the duties required of him by law, he shall be deemed guilty of duty deemmisdemeanor, or shall be subject to removal from office; and he shall ed misdebe responsible upon his official bond for all carelessness, negligence, or malfeasance in office.

meanor.

SEC. 8. The Attorney General shall receive as salary the sum of Salary. twenty-five hundred dollars per annum, payable quarterly; and he shall receive in the performance of his duty as Attorney General no other compensation whatever. And except the necessary contingent Contingent expenses of the office, no claim against the State created in the office expenses. of the Attorney General, or in the performance of any duty by the Attorney General, shall be paid or allowed, unless the same be first approved by the Board of Examiners and afterward presented to the Legislature, and a law enacted for the payment of the same.

to apply.

SEC. 9. All the provisions of this Act shall apply to, and be in Provisions force respecting the duties of the present incumbent of the Attorney General's office, and respecting all matters touching said office.

SEC. 10. All Acts, and parts of Acts, so far as the same relate to Repeal. the office of the Attorney General, and are in conflict with the provisions of this Act, are hereby repealed.

CHAP. LXVIII.-An Act to provide for the contingent expenses of the Surveyor General's office from December, 1864, to December, 1866, inclusive.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

draw

SECTION 1. The Controller of State is hereby directed to draw Controller his warrant on the General Fund in favor of S. H. Marlette, for the directed to sum of eight hundred and ten dollars, ($810) and the Treasurer of warrant. State is hereby directed to pay the same out of any unappropriated funds in said fund.

Appropriations.

CHAP. LXIX.-An Act making appropriations for the support of the Civil Government of the State of Nevada for the third and fourth fiscal years.

[Approved March 12, 1867.]

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. The following sums of money are hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the objects hereinafter expressed, and for the support of the Civil Government of the State of Nevada for the third and fourth fiscal years: For salary of Governor, twelve thousand dollars. For salary of private Secretary of Governor, four thousand eight hundred dollars. For payment of rewards which may be offered by the Governor for arrest of criminals, two thousand dollars. For arresting criminals outside the limits of the State, to be expended under the direction of the Governor, one thousand dollars. For postage, expressage and telegraphing in the office of the Governor, one thousand dollars. For contingent expenses of the office of the Governor, two hundred and fifty dollars.

For salary of Secretary of State, seven thousand two hundred dollars.

For salary of Deputy Secretary of State, six thousand, thousand, dollars.

For salary of Clerk in State Library, and Adjutant-General's office, three thousand six hundred dollars.

For postage and expressage in the office of Secretary of State, one thousand dollars.

For copying and indexing laws in the office of Secretary of State, five hundred dollars.

For transportation of books and documents ordered to be distributed by the Secretary of State, five hundred dollars.

For contingent expenses in the office of Secretary of State, two hundred and fifty dollars.

For stationery, blank books, lights, fuel, etc., for the State officers, four thousand dollars; said amount to be used for no other purpose by the Secretary of State, and no clerk shall receive his salary out of said appropriation.

For pay of Porter for the Capitol building, twelve hundred dollars. For salary of Controller of State, seven thousand two hundred dollars.

For salary of Deputy Controller of State, six thousand dollars. For the prosecution of delinquents for infraction of the revenue laws, to be expended under the direction of the Controller, one thousand dollars.

For postage and expressage in the office of Controller, one thousand dollars.

For contingent expenses in the office of Controller, two hundred and fifty dollars.

For salary of Treasurer of State, seven thousand two hundred dollars.

For salary of Clerk in the office of Treasurer of State, four thou- Approprisand eight hundred dollars.

For postage and contingent expenses in the office of Treasurer of State, two hundred and fifty dollars.

For pay of Porter in the offices of Controller, Treasurer and Surveyor-General, six hundred dollars.

For salary of Attorney General, five thousand dollars.

For postage and contingent expenses in the office of Attorney General, one hundred dollars.

For salary of Superintendent of Public Instruction, four thousand dollars.

For traveling expenses of Superintendent of Public Instruction, one thousand dollars.

For postage and expressage in the office of Superintendent of Public Instruction, two hundred and fifty dollars.

For contingent expenses in the office of Superintendent of Public Instruction, one hundred dollars.

For salary of Surveyor General, two thousand dollars.

For postage and expressage in Surveyor General's office, two hundred and fifty dollars.

For contingent expenses in Surveyor General's office, two hundred and fifty dollars.

For postage, expressage and contingent expenses for State Library, two hundred and fifty dollars.

For shelving and furniture for State Library, one hundred and fifty dollars.

For insurance of State Library, five hundred dollars.

For contingent expenses of the Board of Examiners, two hundred and fifty dollars.

For salaries of Justices of the Supreme Court, forty-two thousand dollars.

For six hundred copies annually of the Supreme Court reports, as now provided by law, seven thousand five hundred dollars.

For printing, paper, and official advertisements, twenty thousand dollars.

For rent of Capitol building, five thousand dollars.

For rent of office for Controller of State and Treasurer of State, three thousand dollars.

For rent of office for Surveyor General, six hundred dollars. For support of the State Prison, to be expended under the direction of the Board of State Prison Commissioners, seventy thousand dollars.

For salary of Warden of State Prison, six thousand dollars.

For salary of Deputy Warden, three thousand six hundred dollars. For support of the Indigent Insane of the State, to be expended as now required by law, ten thousand dollars.

For the support of the orphans of the State, at the Nevada Orphan Asylum, at Virginia City, to be expended as required by law, five thousand dollars.

ations.

fuel, etc.

Secretary

SEC. 2. The stationery, blank books, lights and fuel required by Stationery, the Supreme Court and State Officers, shall be furnished by the to be furSecretary of State, upon the order of the Judges or officers requiring nished by the same. The Secretary of State shall furnish to the Legislature, at of State. the time he makes his biennial report, a statement showing the cost of the articles so furnished to said Judges and State officers.