Clerk and man. Proviso. Claims, how audited and paid. Assignment quarterly. He may appoint a deputy, but such deputy shall receive no compensation from the State. SEC. 16. When, in the opinion of the Board of Regents, a necessity therefor shall exist, the Register may employ a clerk at a salary not exceeding one hundred and fifty dollars per month; and when, in the opinion of said Board, a like necessity shall exist, he may employ a competent draughtsman at a salary not exceeding two hundred dollars per month; provided, that the salaries of the clerk and draughtsman shall not collectively exceed the sum of two thousand dollars for any one year in the aggregate. SEC. 17. All claims and accounts for services, or for expenses authorized by, and necessarily incurred in carrying out any of the provisions of this Act, shall be presented to, and audited as other claims by the State Board of Examiners, and when any claim shall be passed and allowed by said Board, they shall apportion the same so payable or chargeable to the several funds derived from the sale of lands as they shall deem proper, and so much of the funds received from the sale of lands in the several grants as may be necessary for the payment of such audited claims, shall be, and the same is hereby appropriated out of the several funds respectively, for the payment of such claims, and the Controller shall draw his warrant accordingly. The Board of Examiners are hereby authorized and directed to allow and direct to be paid, such sums to the Register and Receiver of the United States Land Office, respectively, for any official services performed by them in relation to the designation of the selected lands upon the books of their respective offices, as they may be justly entitled to under the laws of the United States, or the instructions of the proper department at Washington City. SEC. 18. The assignment of any land warrant sold under the proof Warrant. visions of this Act shall be signed, sealed and acknowledged in the same manner as conveyances of real estate, before the same shall be located. Funds, how invested. SEC. 19. All funds derived from the sale of lands under this Act, after deducting the expenses allowed in this Act, shall be invested in interest-bearing bonds of this State, or of the United States, as required by Section three, of the eleventh Article of the Constitution of this State. The proceeds of the sale of lands donated to this State by Act of Congress of July second, 1862, shall be so invested by the Board of Regents; and the proceeds of all other lands herein referred to shall be invested by the State Board of Education. Privilege to SEC. 20. Parties who have heretofore contracted for the purchase make pay of lands from the State in the sixteenth and thirty-sixth sections, shall ment. have the privilege of making full payment for said land, at any time prior to the maturity of such contract, at the rate contracted for. Same. Proviso. SEC. 21. Any person or persons in possession of lands heretofore selected by the State in lieu of the sixteenth and thirty-sixth sections, for which school land warrants have not been purchased by him or them, shall have the privilege of purchasing said lands at such rate per acre as the Board of Regents may determine; provided, in cases where persons were in possession of any such lands prior to the time of selection thereof by the State, and waive their right of pre-emption in favor of the State, such person may purchase at the rate of one dollar and a quarter per acre. SEC. 22. In addition to the mode and manner of sale of the lands belonging to the State as hereinbefore authorized, the State Register is etc. hereby further empowered to sell and dispose of any lands in this Act Register empowered mentioned, except timber or wood lands which shall be sold only for to sell cercash, payable in installments as hereinafter specified; that is to say, tain lands, with any party or parties wishing to purchase lands under the provisions of this section, and who shall have made proper application therefor and duly established his, her or their right to purchase under the provisions of this Act, the State Register is hereby authorized and required to enter into contract to sell such lands at such price as the Contract. same may be valued for the time being by the proper authority, payable as follows, to wit: one-fifth of the amount to be paid at the time of contract, and the balance in four equal annual installments, with interest at the rate of ten per centum per annum, payable in advance upon all deferred installments. All such contracts shall be entered into Contract in writing with the party or parties so purchasing, in which the condi- to be in writing. tion shall be distinctly expressed that upon a failure to pay the principal and interest thereon as stipulated, the said land shall immediately and unconditionally revert to the State, and be thereafter subject to sale in the same manner and under the same conditions as though no such prior contract and sale had been made. It shall be the duty of the Register to keep a record, in a book kept in his office for that purpose, of all such contracts and sales made under the provisions of this section, which record shall show, in tabular form, the condition of each sale. He shall also certify each sale and the terms thereof to the State Sales to be Treasurer, who shall thereupon receive the payment as specified therein, greasurer. and when payments are made thereon shall receipt for the same as is provided in section eight of this Act, and when full payment shall have been made patents shall issue to the purchaser, his or her assigns, as in other cases in this Act provided. certified to SEC. 23. All Acts heretofore passed providing for the location, Repeal. selection, designation or sale of any of the lands granted to this State by the United States are hereby repealed. CHAP. VI.-An Act supplementary to an Act entitled "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 12th, 1867. [Approved April 4, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: tions. SECTION 1. The following sums of money are hereby appropriated Appropriaout of any money in the State Treasury not otherwise appropriated, in addition to the appropriations made by the Act entitled as in the title to this Act specified, that is to say: First-For the rent of the Governor's office, ($1000) one thousand dollars. Second-For porterage for the Governor's office, ($480) four hundred and eighty dollars. Third-For the Secretary of State, for copying Journals, third regular, and special the sessions, ($1080) one thousand and eighty dollars. Same. Fourth-For porter of Capitol Building, ($1200) twelve hundred dollars. Fifth-For rent of Attorney General's Office, ($250) two hundred and fifty dollars. Sixth-For Bailiff for Supreme Court, ($1500) fifteen hundred dollars. Seventh-For deficiency in Soldiers' Fund, ($10,000) ten thousand dollars. Eighth-For incidental expenses of Adjutant General's Office, to be expended as now provided by law, under the Board of Military Auditors, ($500) five hundred dollars. Ninth-For expenses of procuring the title to the Plaza in the City of Carson, ($50) fifty dollars. All expenses paid out of the appropriations provided for by this Act, and by the Act to which this is supplementary, shall be reported to the next session of the Legislature, in an itemized account, by the officer incurring the same. Public administrators to be elected. Coroner. Oath and bond. Oath. CHAP. VII.-An Act concerning the Office of Public Administrators, and the Estates of Deceased Persons. [Approved April 4, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. There shall be elected in each organized county of this State, at the general election in A.D. 1868, and each alternate year thereafter, a Public Administrator, who shall be ex officio Coroner in and for his county. Each Public Administrator hereafter elected shall take the Constitutional official oath, and give such official bond as shall be, in amount, required and fixed by an order duly entered upon their journal of proceedings by the Board of Commissioners of the county, to be conditioned, secured, approved, filed, and recorded as the bonds of other county officers are, or may be required by law to be; and shall be so conditioned as to hold the principal and sureties liable for any breach thereof made while acting, or illegally refusing to act, in either official capacity. The official oath shall be for the faithful performance of the duties of both offices, and shall be taken and subscribed upon both the certificate of election (or appointment, if appointed to fill a vacancy, as hereinafter provided) and the official bond; and that upon the bond shall be recorded with it; provided, the official bond of no Public Administrator shall be less than two thousand dollars; and, provided further, that the County Commissioners may, upon reasonable cause therefor shown, require, at any time, a new bond or an addiadditional tional bond to be given, upon ten days' notice in writing; and if not so given, shall thereupon declare the office vacant, and fill the vacancy by appointment for the remainder of the term; and shall, in like manner, fill a vacancy in said office arising from any other cause. Any person appointed to the office of Public Administrator shall, within ten days thereafter, qualify in the same manner as if elected thereto. Every person elected to fill said office shall qualify as in this section required, on or before the first Monday of January next after his election, and shall on that day enter upon the discharge of his official duties. Proviso. New or bond. administer. SEC. 2. The Public Administrator of each county shall have the Duty to right, and it is hereby made his duty, to administer according to law, upon the estate of any person who died intestate in, or was at the time of his or her death, a resident of the county, or had assets therein, not administered on in some other county, or of a deceased stranger, or of a deceased testate, when no executor is appointed, or if appointed, fails to qualify; unless administered upon within one month after death of the testate, or within the time provided by law for an intestate, by a relative, by blood or marriage, within the fourth degree of consanguinity or legal relation. For such administration, he shall be paid as How paid. other administrators or executors are paid. verified re port to Dis SEC. 3. Each Public Administrator shall, on the first Monday in To make January and July in each year, and at the termination of his official duties, make a verified written report to the District Judge having trict Judge. jurisdiction in the premises, of all estates of deceased persons which have officially passed into his hands, the value of the same, the expenses, if any, paid thereon, and the balance of property, effects, or money, if any, remaining in his hands; and the Judge to whom such report is made shall cause it to be made public, by publication or by posting, as he may deem just and right. money on SEC. 4. Each executor, administrator, and public administrator, To pay over on final settlement of an estate and proper order of the Court having order of jurisdiction in the matter thereof, or before final settlement upon the Court, etc. regular order of the Court aforesaid, shall pay over all moneys of such estate to the lawful heirs, or legatees, or devisees thereof, and if there be none of either, then to the County Treasurer; and the County Treasurer shall pay the same to the State Treasurer; and if the same be escheated to the State, the State Treasurer shall place the same in the fund devoted and pledged to educational purposes. interested SEC. 5. No Public Administrator shall be interested, in any wise, Not to be in any expenditures of any kind, made on account of any estate of a in expendideceased person, upon which he is administering, save as necessarily tures. made in the due course of such administration; nor shall he be associated in business with any one so interested; and he shall state in his semi-annual reports that he has not been so interested or associated. misdemean SEC. 6. For any willful misdemeanor in office any Public Adminis- Penalty for trator may be indicted, tried, and, if found guilty, fined in any sum not or in office. exceeding two thousand dollars, and removed from office; but such fine and removal shall not bar any existing right of civil action upon his official bond. tion to be given to Public Administra SEC. 7. It shall be the duty of all persons, especially of all civil Informaofficers, to give all information in their possession to Public Administrators respecting estates, and the property and condition thereof, upon which no other person has then administered. Public Administrators tors respectmay, and it is hereby made their official duty to institute, maintain, ing ing estates, and prosecute all necessary actions, at law and in equity, for the recovery and for the protection of the property, debts, papers, or other estate of any deceased person upon whose estate they may be administering. erned. SEC. 8. Except as in this Act otherwise provided, Public Admin- How gov istrators in administering upon estates shall be governed by the same rules and laws by which other administrators or executors are. erned, when SEC. 9. Public Administrators, when acting ex officio as Coroners, How gov shall be governed by the same laws by which Justices of the Peace acting as have been, when so acting; and shall receive the same fees allowed Coroner. heretofore for such services. in this Act. May qualify, SEC. 10. The Public Administrators elected on the sixth day, of as provided November, one thousand eight hundred and sixty-six, may qualify, as provided in this Act, within thirty days after its approval; and they shall, immediately after so qualifying, enter upon the discharge of their official duties, and shall continue in office until the first Monday in January, eighteen hundred and sixty-nine, and thereafter, until their successors shall have been duly elected and qualified. Money paid into the State Treasury, how recovered. SEC. 11. Any money paid into the State Treasury under the provisions of this Act, excepting from an escheated estate, may be recovered the rightful heirs or legatees thereof in the following manner: such heir or heirs, legatee or legatees, may present their claim therefor to the District Court which had jurisdiction of the final settlement of the estate to which such money belonged, and make proof of the validity of such claim, after notice given to the Attorney General of the State, to the satisfaction of such Court under such rules as it may prescribe. If satisfied on the hearing that such claimant or claimants are rightfully entitled to the same, the Court shall enter a decree that such money be paid to him or them; such decree shall then be certified to the State Board of Examiners, stating the amount thereby found to be due, and the said Board shall allow the same, certify it to the Controller, who shall draw his warrant therefor on the Treasurer, who shall pay the same; provided, no proceedings shall be maintained under the provisions of this section of this Act, unless commenced within two years next after the final settlement of the estate to which they relate; and, provided further, that all costs of such proceedings shall be paid by the applicant or applicants. If not applied for within ey placed in two years as above provided, or if applied for and not obtained, such School moneys shall then be placed in the irreducible school fund of the State. SEC. 12. Public Administrators are authorized to administer on ed to make the estates of any deceased person in any case where by law he is plication for entitled to administration by virtue of his office, and shall not be letters, etc. required to make formal application for letters of administration; nor Proviso. Costs. When mon Fund. Not requir formal ap Repeal. shall he be required to file or have approved any bond except as such public administrator, in any case; provided, that the bonds of any public administrator may be increased as provided in this or other Acts. SEC. 13. All Acts and parts of Acts, so far only as they conflict with the provisions of this Act, are hereby repealed. Contingent CHAP. VIII.-An Act providing for the payment of the Contingent and other necessary expenses of the third General, and the Special Sessions of the Legislature of the State of Nevada. [Approved April 10, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. The Contingent and other necessary expenses of the how paid. Third Session of the Legislature of the State of Nevada, and of the expenses, |