Слике страница
PDF
ePub

be entitled to carry on such business in her own name, and the property, revenues, moneys, and credits, so invested, shall belong exclusively

to such married woman, and shall not be liable for any debts of her Rights and husband; and said married woman shall be allowed all the privileges, sole traders, and be liable to all legal process, now or hereafter provided by law,

against debtors and creditors, and may sue and be sued without being joined with her husband. But nothing contained in this Act shall be deemed to authorize a married woman to carry on business in her own name when the same is managed or superintended by her hus

band. Mainte- Sec. 4. Any married woman availing herself of the benefit of this children.

Act, shall be responsible for the maintenance of her children. Husband SEC. 5. The husband of the wife availing herself of the benefit of not respon- this Act, shall not be responsible for any debts contracted by her in the debts, etc. course of the said business, without the special consent of her hus

band, given in writing ; nor shall his separate property be taken on execution for any debts contracted by her.

nance of

sible

CHAP. XI.—An Act authorizing a State Loan, and levying a Tax

to provide means for the payment thereof.

(Approved February 6, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows :

Issuance

SECTION 1. By virtue of the power granted to the Legislature by and sale of the third section of Article Nine of the Constitution of this State, and thorized. for the purpose of at once paying the principal and interest of all out

standing bonds issued under and by virtue of an Act approved January 19th, 1866; to replace in the State Treasury the sum of eighty-two thousand five hundred ($82,500) dollars, heretofore paid by the State on account of Territorial indebtedness, and any further amount which may be paid before the negotiation of the loan authorized by this Act is completed ; to take up and retire such bonds, or other evidences of indebtedness of the late Territory of Nevada, not paid by the State, or provided for by an Act approved February 14th, 1865, and an Act supplemental thereto, approved March 3d, 1865; to pay the floating indebtedness incurred under an Act to encourage enlistments and provide extra pay for our volunteer soldiers called into the service of the United States; to defray the current expenses for the third fiscal year, and to place the finances of the State upon a permanent cash basis, a loan not exceeding five hundred thousand ($500,000) dollars is hereby authorized to be negotiated, on the faith and credit of the State, to be paid within five years. Said loan to bear a rate of interest not exceeding twelve per cent. per annum, from the date of the issuance of the bonds, payable semi-annually, either at the Bank of California, in the city of San Francisco, or at the office of the State Treasurer, at the option of the party or parties to whom such bonds are issued.

.

[ocr errors]

est and

Revenue not to be

SEC. 2. The State Treasurer shall cause the bonds to be prepared Bonds, how that are to be issued for the payment of the loan authorized by this prepared. Act; which bonds shall be signed by the Governor, countersigned by the Controller, indorsed by the Treasurer, and authenticated with the Great Seal of the State. Coupons for the interest shall be attached to Coupons. each bond, so that the coupon ay be removed without injury or mutilation to the bond.

SEC. 3. No bonds issued and sold under the provisions of this Act To be sold shall be sold for any currency except gold and silver coin of the United and paid in States, nor at less than par value ; and for the payment of said bonds, both principal and interest, in gold and silver coin of the United States, the faith and credit of the State is solemnly pledged.

SEC. 4. After the negotiation and sale of the bonds provided for State Interin this Act, it shall be the duty of the State Treasurer to set apart a Sinking fund for the purpose of paying the principal and interest of said bonds Fund to be

set apart. when they shall become due, which shall be called the State Interest and Sinking Fund. There shall be levied and collected for the fiscal year, commencing January 1st, 1867, and annually thereafter until all the bonds issued and sold under the provisions of this Act shall have been fully paid, both principal and interest, an ad valorem tax of seventy cents upon each one hundred dollars of the taxable property in this State. The revenue derived from said tax shall be paid into the State Sinking and Interest Fund, and is hereby set apart, appropriated, and pledged, as well as the faith and credit of the State of Nevada, for and to the payment, both principal and interest, of all bonds of said State issued in pursuance of the provisions of this Act. No part of the revenue derived from the tax hereinbefore levied shall be paid out, or in any manner diverted from diverted the State Treasury for any other purpose than paying or retiring the ment of bonds, both principal and interest, issued pursuant to the provisions of principal this Act, except as hereinafter provided; provided, that no portion of Proviso. any tax whatsoever levied on the proceeds of the mines shall be construed to form any part of the revenue appropriated and pledged by this section for the redemption of the said bonds, but shall be paid, if any such tax be levied, into the General Fund for general State purposes. Sec. 5. It shall be the duty of the State Treasurer to make certain

Treasurer arrangements for the payment of the interest on the said bonds when required to the same falls due, at least sixty days before the time of payment; and rangements in the event that said Interest and Sinking Fund, as hereinbefore

pro. vided, is insufficient, the said Treasurer shall draw on the General Fund interest. for such purpose ; and in the event that those funds prove inadequate, the said Treasurer is authorized and required to make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the faith of the State.

Sec. 6. It shall be the duty of the Treasurer and Controller of Separate State, each, to keep a separate record of all such bonds as may be is- Kepts sued, showing the number, date, amount, and rate of interest of each bond, and to whom the same was issued. No bond shall be issued for a less sum than one thousand ($1,000) dollars.

Sec. 7. Whenever, at the time of paying the semi-annual interest Proposals on the bonds provided to be issued by this Act, there shall remain a der of bonds surplus, after the payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next ensuing semi-annual interest, of ten thousand ($10,000) dollars, or more, in the fund created by the fourth section of this Act, it shall be the duty

from pay.

make ar

for the pay

ment of

record to be

ment.

to be ac

When and

to be invested,

Bonds

Proviso.

Advertise of the State Treasurer to advertise in one or more daily newspapers

published in this State and in the city of San Francisco, for sealed proposals for the surrender of bonds issued under this Act. He shall state in such advertisement the amount of money on hand applicable to

the redemption of such bonds; and he shall accept such proposals, at Proposals

rates not exceeding par value, as may redeem the greatest number of cepted.

bonds, until the cash on hand for redemption is exhausted. If there shall be no bids for the surrender of bonds presented to or received by the State Treasurer, as provided in this section, it shall be his duty, by and with the advice and consent of the Governor and Controller, to

invest the surplus on hand in said Interest and Sinking Fund, for the how money redemption of said bonds, in the gold-bearing bonds of the United

States, which bonds, with the interest thereon, shall remain in said Interest and Sinking Fund, until it becomes necessary to dispose of them to meet the principal or interest of the bonds provided to be issued by this Act.

Sec. 8. Nothing contained in this Act shall be so construed as to exchanged. prevent the State Treasurer from exchanging the bonds issued by vir

tue of this Act for any of the outstanding bonds and interest or other evidences of indebtedness provided to be paid or retired by section first of this Act, but such exchange may be made at their coin value; provided, no exchange shall be made until after all the bonds issued under the Act of January 19th, 1866, shall have been first exchanged

or taken up. Appropria- Sec. 9. The sum of three thousand ($3,000) dollars, or so much

thereof as may be necessary, is hereby appropriated out of the proceeds of the sale of said bonds, to defray the expense of their procurement and negotiation, and placing the proceeds thereof in the State

Treasury. Duty of

Sec. 10. In case the tax provided to be levied and collected by section four of this Act, or any portion thereof, should, by virtue of any judicial decision or law, be assessed and collected in the legal tender

notes of the United States, then the State Treasurer is authorized and legal tender required, at such time or times as the principal or interest, or both, of

the bonds issued in pursuance of the provisions of this Act, shall become due and payable, to sell in the money market, at the then ruling rate, such amount of said legal tender notes as will realize a sufficiency of gold and silver coin of the United States to meet such payment or payments.

Sec. 11. An Act entitled “ An Act authorizing a loan on the faith repealed.

and credit of the State, to pay the indebtedness of the State and of the Territory of Nevada, assumed by the State, and not fully provided for," approved February 26th, 1866, and an Act entitled "An Act authorizing the issuance and sale of certain State bonds, and levying a tax to provide means for the payment thereof,” passed at the present session of the Legislature, and all other Acts, or parts of Acts, in conflict with this Act, are hereby repealed.

tion.

Treasurer when tax assessed and col. lected in

.

Acts

CHAP. XII.-An Act to regulate and make effectual the Power

of the Governor, Justices of the Supreme Court, and AttorneyGeneral to remit fines and forfeitures, commute punishments, and grant pardons after convictions.

[Approved February 8, 1867.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

.

SECTION 1. Whenever the Governor, Justices of the Supreme ProceedCourt, and Attorney-General, or the major part of them, the Governor fine, etc., being one, shall remit any judgment of fine or forfeiture, a certificate remitted. reciting the fine or forfeiture remitted, duly signed and tested with the Great Seal of the State, shall be filed in the Clerk's office of the Court wherein the judgment of fine or forfeiture was entered, and the Clerk shall make an entry in the judgment docket or other proper place, showing that the fine or forfeiture is remitted; which filing and entry shall be evidence of the satisfaction thereof.

Whenever any punishment involving the death penalty is Proceedcommuted, a statement in writing shall be made out and signed, reciting death penthe name of the person whose punishment is commuted, and the time alty is comand place where convicted; also, the amount, kind, and character of punishment substituted instead of the death penalty, and the place where the substituted punishment is to be served out or suffered, and directed to the proper officer or authority charged by law with the safe keeping and execution of the punishment; which statement, tested with the Great Seal of this State, shall be sufficient authority for such officer or authority to receive and retain the person named in the statement as therein directed, and the officer or authority named in the statement must receive the person whose punishment has been commuted, and retain him as directed.

SEC. 3. Any person intending to apply to have a fine or forfeiture Notice of remitted, or a punishment commuted, or a pardon granted, or some one what to set in bis behalf, shall make out duplicate copies of notices in writing of forth. such application, specifying therein the Court in which the judgment was rendered, the amount of the fine or forfeiture, or kind or character of punishment, and the name of the person in whose favor the application is intended to be made, and the time when the application will be presented; one of which he shall serve on the District Attorney of the How served proper county, and one on the District Judge of the Court wherein the conviction was had, except in case of fines and forfeitures, when the copy of notice, instead of being

served on the District Judge, shall be served on the Chairman of the Board of County Commissioners of the proper county. The notice shall be served, as herein provided, When at least thirty days prior to the presentation of the application, unless a District or Supreme Court Judge, for good cause, prescribe a shorter time. When a pardon is granted for any offense committed, such pardon may or may not include restoration to citizenship. If the pardon include restoration to citizenship, it shall be so stated in the instrument Restora. or certificate of pardon; and when granted upon conditions, limitations, zenship. or restrictions, the same shall be fully set forth in the instrument as aforesaid. Such instrument or certificate shall also contain an order

served.

tion to citi.

Order of

Not to include liability on bail 'bond.

to the officer having the person in custody to discharge him or her from discharge. such custody upon a day to be named in said instrument, upon the con

ditions, limitations, or restrictions therein named.

Sec. 4. The fines and forfeitures herein mentioned shall not be so construed as to include the remittance or discharge from liability on any bail bond.

CHAP. XIII.-- An Act conferring jurisdiction on Justices' Courts

concurrent with the District Courts, in actions to enforce Mechanics' Liens.

(Approved February 8, 1867.] The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Concurrent jurisdiction in action to enforce liens, etc.

Section 1. Justices' Courts shall have jurisdiction concurrent with the District Court in all actions brought to enforce the liens of mechanics and others, and all proceedings necessary for the enforcement thereof, wherein the entire amount of liens sought to be enforced against the same property, exclusive of interest, does not exceed in the

aggregate the sum of three hundred dollars. In all such actions and Court, how proceedings the Justices' Courts must be governed by the provisions of governed. the Act of the Legislative Assembly of the Territory of Nevada, ap

proved November 21st, 1861, so far as applicable, except as otherwise

in this Act provided. Proceed

SEC. 2. Whenever it is sought to enforce a lien under section one ings to enforce a lien. of this Act the complaint shall show, in addition to other necessary

facts, that all valid liens on the property against which the lien exists do not exceed in the aggregate three hundred dollars, exclusive of in

terest; and the Justice shall, immediately after the action is commenced, Statement file in the Clerk's office a statement showing the name of the plaintiff

and defendant, amount claimed, and a description of the property, and

the date of the commencement of the action, its object, and that the Duty of

action is pending; and the Clerk shall note briefly the fact of the filing of the notice, and its contents, on the margin or other suitable place in the record where the lien is recorded, and shall file the statement in his office.

Sec. 3. The filing of the statement by the Justice shall be a sufficient notice to all lien claimants not to commence actions elsewhere to enforce liens against the same property, and shall operate as a notice of the pendency of the action to all persons and of all subsequent pro

ceedings in the action. All persons claiming or holding a lien against Notice and the same property shall after notice file their lien or claim thereunder judgment with the Justice. Notice of the action shall be given to lien claimants,

and judgment rendered for the sale of the premises, and the proper distribution and application of the proceeds of the sale in the same manner as provided in the Act of the Legislative Assembly referred to in section one of this Act.

Clerk.

Notice to claimants.

« ПретходнаНастави »