Complaint, how in dorsed. Summons. Section One. Section twenty-three of an Act of the Legislative Assembly of the Territory of Nevada, approved November twenty-ninth, one thousand eight hundred and sixty-one, entitled "An Act to regulate proceedings in civil cases in the Courts of Justice of the Territory of Nevada," is hereby amended, so as to read as follows: Section Twenty-three. The Clerk shall indorse on the complaint, the day, month and year the same is filed, and at any time within one year after the filing of the same, the plaintiff may have summons issued thereon. The summons shall be issued and signed by the Clerk, under the seal of the Court. SEC. 2. Section twenty-eight of the above entitled Act is hereby amended, so as to read as follows: Section Twenty-eight. The summons shall be served by the Sheriff of the county where the defendant is found, or by his deputy, or by a person specially appointed by the Sheriff, or appointed by the Judge of the Court in which the action is brought, or by any male citizen of the United States, over twenty-one years of age. When the summons is served by the Sheriff or his deputy, it shall be returned with the certificate or affidavit of the officer, to the office of the Clerk where the Summons, complaint is filed. When the summons is served by any other person, as before provided, it shall be returned to the office of the Clerk with the affidavit of such person of its service. At the time of such service, if the defendant require a certified copy of the complaint, it shall be the duty of the officer or person making such service, to indorse such request upon the summons, and on return thereof, it shall be the duty of the Clerk, without delay, to transmit by mail, express, or other safe and expeditious mode, such certified copy to the defendant. how levied. Copy of complaint. Repeal. SEC. 3. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed. CHAP. LXXXIV.-An Act to enforce the payment of two per cent. of the gross proceeds of all Toll Roads and Bridges, as provided by law, to the General School Fund of this State. [Approved March 13, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be and is hereby made the duty of the Treasurers of each and every county in this State, immediately after the passage of this Act, to ascertain as correctly as they can the arrears of all owners of toll roads and toll bridges in their respective counties, who have failed to pay over two per cent. of the gross proceeds of such roads and bridges to the credit of the General School Fund of this State, or of the late Territory of Nevada. SEC. 2. Upon ascertaining any owner or owners of such toll road or bridge to be in arrears, as referred to in the last section, it shall be the duty of the Treasurer of such county to notify, by letter or personal demand, such owner or owners, or their agents in charge of such toll road or bridge, to pay such arrears, accompanying such payment with an affidavit of the amount of tolls collected during the time such arrearage accrued; and should any owner or owners of any toll road or bridge, thus in arrears, fail to present such Treasurer with such affidavit, or fail to pay such two per cent. of the gross proceeds of such road Failure to or bridge, for a term of ten days after such notice is addressed by letter, Franchise or given to him or his agent in charge of such road or bridge, then forfeited. such owner or owners so failing to pay such two per cent. shall be deemed to have forfeited his or their franchise. pay, etc.; Co. Com sioners to SEC. 3. It is hereby made the duty of any county Treasurer, after Failure to pay, etc.; having given the notice or made the demand mentioned in the last sec- to be retion, upon the failure of any owner or owners of any toll road or bridge ported to in arrears, to pay such arrearage and make the affidavit required in missioners. the last section, to report such failure to the Board of Commissioners of his county at their next meeting; and such Commissioners shall thereupon direct the District Attorney of their county to commence Commisproceedings at once by information in the nature of quo warranto to direct proforfeit the franchise of the owner or owners of such road or bridge thus ceedings to in arrears, and to bring civil suit to collect of such owner or owners menced. the amount of such arrearage; and upon a recovery in such suit for collection, the Court in which such suit is brought and tried, in addition to the costs of other officers, shall allow the District Attorney a fee for Costs and such prosecution, not to exceed (in the discretion of the Court) fifty dollars, which shall be taxed against the defendant or defendants in such suit, and recovered as other costs in the action. be com fees. gross pro SEC. 4. All owners of toll roads or bridges in this State shall here- Affidavit of after within ten days after the first Mondays in January, April, July ceeds to be and October, in person or by their agent or agents, make and file with filed quarterly. the Treasurer of his or their county, in which such toll road or bridge, or the toll-house thereon is situate, an affidavit showing the gross amount of toll upon such road or bridge, for the three months next preceding the first Mondays of the month in which such settlement is made, and at the same time pay to such Treasurer two per cent. of such proceeds. And if any owner or owners of any toll road or bridge Failure to shall hereafter, for the period of one month after the end of any quar- franchise ter as herein prescribed, fail to make such affidavit and payment, the forfeited. franchise upon such road or bridge shall be forfeited, and the same proceedings shall be taken as prescribed in section three of this Act. pay, etc.; SEC. 5. It shall be the duty of the several county Treasurers to pay Amounts to the Treasurer of this State, to the credit of the General School Fund collected to be paid into of the State, all amounts collected by them under the provisions of State Treasthis Act, in the same manner and under the same regulations as other ury. moneys due the State from counties are paid. Commis SEC. 6. It shall be the duty of the County Commissioners of the Duty of Co. several counties of this State, to compel the owners of all toll roads sioners. and bridges in their respective counties to keep the same in good repair; and upon complaint of any person traveling such roads or crossing such bridges, it shall be the duty of the Commissioners to ascertain the truth of such complaint, and if true, to notify the owner or owners of such road or bridge, or their agent or agents in charge thereof, that if such road or bridge is not repaired within a reasonable time, to be prescribed by such Commissioners, then they shall direct the District Attorney of their county to commence proceedings, as prescribed in section three of this Act, to forfeit such franchise. Repeal. SEC. 7. Any Act, or part of Act, inconsistent with this Act, is hereby repealed, but only so far as the provisions of this Act are a substitute for, or are inconsistent with, the provisions of Acts heretofore enacted. test. CHAP. LXXXV.-An Act to further prescribe rules and regulations for the execution of the trusts arising under the Act of Congress, approved May 23, 1844, entitled "An Act for the relief of citizens of towns upon lands of the United States under certain circumstances." [Approved March 13, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: Clerk to no- SECTION 1. Upon receipt by the Clerk of the District Court of the tify claimants of con- papers provided to be filed with him in the cases mentioned in section five of the Act entitled "An Act for the Relief of Citizens of towns upon lands of the United States, under certain circumstances," approved May 23, 1844, also an Act approved January 31, 1866, it shall be the duty of each [such] clerk to give to each claimant, his agent, or attorney, a written notice that the claim of such claimant is contested, which notice shall specify the particular lot, block, or parcel so contested, and the name of the adverse claimant, and the amount of fees to be paid by the person to whom such notice is addressed, under the provisions of this Act. Court tax. Complaint. Appeal not to be taken after 30 days. Papers to be transmitted on appeal. What to render ap SEC. 2. Before such contested case shall be placed upon the register of actions of the District Court, as provided in section six of the Act mentioned in section one of this Act, a Court tax of five dollars shall be paid said Clerk; the same to be paid pro rata by such adverse claimant. Each party to whom such notice shall be given shall pay said Clerk one dollar therefor. SEC. 3. At any time within twenty days after reception of said notice either party may substitute a complaint, and file the same in said District Court, stating the facts relied upon to entitle the party to a deed; and said deed shall be executed, duly acknowledged, and delivered to the successful party by the District Judge. SEC. 4. No appeal shall be taken to the Supreme Court from the judgment of the District Court after the expiration of thirty days from the time of notice of such judgment to the unsuccessful claimant. SEC. 5. In all cases of appeal under this Act, the original papers filed in the District Court, together with the evidence to be taken by the Judge or referee and his judgment therein, duly certified under the seal of said Court, shall be transmitted to the Supreme Court, and shall constitute the record in said Supreme Court. All of said papers shall be returned with the remittitur from the Supreme Court. SEC. 6. To render an appeal effectual in any case under this Act, peal effect- a written notice of such appeal shall be served upon the adverse party, his attorney or agent, and a written undertaking shall be filed by the appellant, with two sureties, within five days after judgment in the ual. Court below. Said undertaking shall specify that the appellant will pay all costs which may be awarded against him on the appeal, in a sum not exceeding two hundred dollars. SEC. 7. By consent of the parties to such contested case, the Referees. Court may appoint one or more referees, as the parties may agree, to take the testimony in said case, and report a judgment thereon; pro- Proviso. vided, that no fees shall be allowed to such referees that will exceed in the aggregate the sum of fifteen dollars for such case. SEC. 8. If no further action shall be taken in the District Court by Proceedings where the claimant[s] in any case mentioned in section one of this Act, within no further twenty days after service of the notice therein mentioned, the lot, action is block, or parcel in dispute shall be disposed of by the District Judge, as if no claim of title thereto had been filed with him. taken. LXXXVI.—An Act to amend an Act entitled "An Act to provide for the government of the State Prison of the State of Nevada," approved March 4, 1865. [Approved March 13, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section seven of said Act is amended, so as to read as follows: reside at Warden in Section Seven. The warden shall reside at the prison buildings, and Warden shall be provided by the State with apartments suitably furnished. He required to shall within five days before the expiration of each month, make out a prison. complete statement of the probable or estimated amount of clothing, pro- Duties of visions, medicines and all other stores and necessaries, (including neces- relation to sary provisions for his own table) specifying therein the character and supplies. quality of the same, and make a requisition upon the Board of State Prison Commissioners for such supplies; and the Board of State Prison Commissioners shall, as soon thereafter as possible, furnish, or cause to be furnished, the articles, provisions or stores thus required, or so much thereof as they may deem necessary for the use of the Proviso. prison and warden during the ensuing month; provided, that no supplies shall be purchased, or articles furnished the prison, or warden, at a greater price than the usual market rates for the articles; and, provided further, that nothing herein contained shall be so construed as to prevent the Board of State Prison Commissioners from furnishing any necessary article or supplies at any time, not enumerated in the monthly requisition of the warden. SEC. 2. This Act shall take effect from and after its passage. Number of CHAP. LXXXVII.-An Act to amend an Act entitled "An Act to amend Section one of an Act to amend an Act, passed by the Legislative Assembly of the Territory of Nevada, entitled an Act to provide for the appointment of Notaries and defining their duties, approved February ninth, one thousand eight hundred and sixty-four, approved March twentieth, one thousand eight hundred and sixty-five," approved February ninth, one thousand eight hundred and sixty-six. [Approved March 13, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of the above entitled Act is hereby amended, so as to read as follows: Section One. The Governor is hereby authorized to appoint and commission Notaries Public in the several counties in this State as follows: appointed. For Storey County, twelve; Lander County, sixteen; Nye County, sixteen; Churchill County, four; Esmeralda County, seven; Ormsby County, four; Humboldt County, sixteen; Washoe County, six; Douglas County, three; Lyon County, eight; Roop County, two; and for any new county hereafter created or organized, six; who shall hold office for the term of two years; provided, the Governor may at any time for cause revoke the commission of any Notary Public appointed under the provisions of this Act. Proviso. Who are magistrates. CHAP. LXXXVIII.-An Act to amend an Act entitled "An Act to regulate Proceedings in Criminal Cases in the Courts of Justice in the (Territory) State of Nevada, and making further provisions relating thereto." [Approved March 13, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one hundred and two of said Act is hereby amended, so as to read as follows: Section One Hundred and Two. The following persons are magis trates: First-The Justices of the Supreme Court. Second-The Judges of the District Courts. Third-The Justices of the Peace; and, Fourth-Police Judges and others, upon whom are conferred by law the powers of a Justice of the Peace in criminal cases. SEC. 2. Section one hundred and three of said Act is hereby amended, so as to read as follows: |