CHAP. XIV.-An Act to repeal an Act entitled “An Act concerning the location and possession of Mining Claims," approv ed February twenty-seventh, one thousand eight hundred and sixty-six. [Approved February 9, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. An Act entitled "An Act concerning the location and Act possession of mining claims," approved February twenty-seventh, in repealed. year of our Lord one thousand eight hundred and sixty-six is hereby repealed. the SEC. 2. All rights acquired under the Act hereby repealed shall Rights remain valid, and all assessment work done, or assessments paid, shall to remain acquired hold the possession of the claims on which the same was done, or paid, valid. as in said Act provided; and in all mining districts wherein the provisions of said Act were adopted as the mining laws or regulations of the district, the same shall remain the laws thereof until repealed or amended by such districts, except the requirement to cause the record of claims to be made in the County Recorder's Office. CHAP. XV.-An Act providing for the Release of Sureties on [Approved February 13, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: official SECTION 1. Any surety on the official bond of any State, County Sureties on or City officer, or on the official bond of any executor, or administra- bonds may tor, or on the bond or undertaking of any person, where, by a law, a be released. bond or undertaking is required, may be released from all liability thereon accruing, from and after proper proceedings had therefor, as provided in this Act. with Gov SEC. 2. Any surety desiring to be released from liability on the Statement bond of any State officer, shall file with the Governor or Secretary of to be filed State, a statement in writing duly subscribed by himself, or some one ernor or Secretary of in his behalf, setting forth the name and office of the person for whom State. he is surety, the amount for which he is liable as such, and his desire to be released from further liability on account thereof. A notice containing the objects of such statement, shall be served personally on the officer, unless he shall have left the State, in which case the same served on may be served by publication for twenty days in some newspaper printed at the seat of government, or if none be printed there, then in such newspaper as shall be designated by the Governor or Secretary of State. Any surety desiring to be released from the official bond of any County officer, shall file and serve a similar statement. Notice to be officer. to be filed Commis sioners. County Auditor. City Clerk. Statement The statement, except when it concerns the County Clerk personally, with Clerk shall be filed with the Clerk of the Board of County Commissioners, Board Co. and when the County Clerk is personally concerned, the statement shall be filed with the County Auditor. Any suerty desiring to be released from liability on the bond of a City officer, shall file and serve a similar statement with the City Clerk or other proper officer. Any surety desiring to be released from an Executor's or Administrator's bond or undertaking shall file and serve a similar statement with Clerk Dis- the Clerk of the District Court. Any surety desiring to be released trict Court. from any other official bond or undertaking, shall file and serve a simStatement, ilar statement with the proper officer, person or authority. All statehow served. ments provided for in this section, must be served as in the first clause Proviso. Proviso. Office vacant on fail additional bond. Security not liable, when. Proviso. of this section provided; provided, the same, if served by publication, may be published in a newspaper in the same, or if no newspaper be published therein, then in an adjoining, or other county, without any order from any court, or other authority; provided, further, in all cases for which publication is provided, a printed or written notice, posted in at least ten conspicuous places within the county, for the time specified, shall be deemed legal notice thereof. SEC. 3. If any officer or person shall fail within ten days from the ure to give date of a personal service, or within thirty days from the date of the first insertion of a publication or posted service, to file a new or additional bond or undertaking, the office or appointment of the person or officer so failing shall become vacant, and such officer or person shall forfeit his office or appointment, and the same shall be filled as in other cases of a vacancy, and in manner as provided by law, and the person applying to be released from liability on such bond or undertaking shall not be holden or liable thereon, after the date herein provided for the vacating and forfeiting of such office or appointment; provided, if a number of sureties on any such bond or undertaking, representing half the amount of the penalty thereof, shall unite in the same, or file and serve separate statements as herein provided, the right of such officer or person to exercise the duties and functions of his office, or appointment, shall immediately cease, until he shall file and have accepted and approved a new or additional bond or undertaking. Whenever by operation of this Act, the functions of any Sheriff shall become suspended, it shall be the duty of the Clerk with whom the statement as Coroner to hereinbefore provided shall have been filed, to notify the Acting Coroner act, when of the County forthwith of such suspension; and upon being so notisuspended. fied, such Coroner shall succeed to all the powers, and discharge all the duties of Sheriff of his County, pending such suspension of the functions of the Sheriff. Sheriff is Sureties on original bond, not applying, liable. Penalty of new bond, SEC. 4. In case a new or additional bond or undertaking be filed, the sureties on the original, not asking to be released, and on the new or additional bond or undertaking, shall be and continue liable for the official acts of such officer or person jointly and severally, the same as if all were sureties on one and the same instrument. SEC. 5. Whenever a statement is filed, or filed and served as hereetc., to be in provided, the proper authority shall prescribe the penalty or amount prescribed. in which a new or additional bond or undertaking shall be filed, and if no such order be made, then such new or additional bond or undertaking shall be executed for the same amount as the original. CHAP. XVI.-An Act in relation to, and accepting the Lands granted to the State of Nevada by the Government of the United States. [Approved February 13, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: ernment SECTION 1. The State of Nevada hereby accepts the grants of Lands lands made by the Government of the United States to this State, in the United granted by the following Acts of Congress, to wit: "An Act donating Public States GovLands to the several States and Territories which may provide Col- accepted. leges for the benefit of Agriculture and the Mechanic Arts," approved July 2d, 1862, as amended and approved April 14th, 1864, and as extended July 4th, 1866, by an Act entitled "An Act concerning certain lands granted to the State of Nevada," upon the terms and conditions in said Acts expressed, and agrees to comply therewith. SEC. 2. The State of Nevada hereby accepts the grants of lands Same. made by the Government of the United States to this State, in the Act of Congress entitled "An Act concerning certain lands granted to the State of Nevada," approved July 4th, 1866, upon the terms and conditions in said Act expressed, and agrees to comply therewith. SEC. 3. The State of Nevada hereby accepts all grants of Public Same. Lands heretofore made by the Government of the United States to this State, upon the terms and conditions so granted, as modified in the Act of July 4th, 1866, above in this Act referred to. CHAP. XVII.-An Act to regulate the business of Assaying within the State of Nevada. [Approved February 13, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: returns. SECTION 1. Every person or firm now engaged in, or who may Assayers required hereafter engage in the business of assaying within the State of Ne- to make vada, shall make and file, at the end of each and every month, with monthly the County Clerk of the County where such business is pursued, a sworn return, subscribed with the name, and verified by the oath of the person having the charge and control of such business; which return shall set forth the name and place of residence of every person, What rewithin such month, depositing or selling bullion or amalgam for melt-turn to set ing, retorting, refining or assaying, together with the date of the deposit, the amount then deposited, the name of the mine and mill, blanket, sluice or other source from which the same was obtained. forth. deemed SEC. 2. Every person or firm within the State of Nevada engaged What in, or carrying on the business mentioned in the first section of this Act, "a misdewho shall neglect or refuse to comply with its provisions, or any of them, meanor. shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not less than one thousand dollars, and Penalty. not more than five thousand dollars, and shall be imprisoned in the County Jail not less than one month, nor more than six months, for each and every such refusal or neglect. Person charged CHAP. XVIII.-An Act to enable a Defendant to testify as a The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. In the trial of all indictments, complaints, and other with offen- proceedings against persons charged with the commission of crimes ses may be- or offenses, the person so charged shall, at his own request, but not otherwise, be deemed a competent witness; the credit to be given to his testimony being left solely to the jury, under the instructions of the Court. come wit ness. Not compelled to testify. Certificate. SEC. 2. Nothing herein contained shall be construed as compelling any such person to testify; and in all cases wherein the defendant to a criminal action declines to testify, the Court shall specially instruct the jury that no inference of guilt is to be drawn against him for that cause. State of Nevada, Senate Chamber, February 18th, 1867. Certificate. JAMES S. SLINGERLAND, President of the Senate. B. C. BROWN, Secretary of the Senate. STATE OF NEVADA, } Assembly Chamber, February 18th, 1867. This is to certify, that Senate Bill No. 89, " An Act to enable a Defendant to testify in Criminal Prosecutions," has this day passed the Assembly, notwithstanding the objections of the Governor, by the following vote: yeas, 37; nays, 1. A. WHITFORD, R. D. FERGUSON, Speaker of the Assembly. Clerk of the Assembly. 66 CHAP. XIX.-An Act supplementary to an Act entitled “ An Act to create a Board of County Commissioners, in the several Counties of the State, and to define their duties and powers," approved March 8th, 1865. [Approved February 19, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: Commis advertise state in the SECTION 1. In letting all contracts of any and every kind, character when and description whatever, where the contract in the aggregate amounts County to five hundred dollars or more, the County Commissioners shall ad- sioners to vertise such contract or contracts to be let, stating the nature and char- contracts to acter thereof and when plans and specifications are to constitute part be let. of such contract, it shall be stated in the notice where the same may be what to seen in some newspaper published in their county, for the period of notice. thirty days; in case the contract be for constructing any public build- Notice to be ing, then the advertisement shall be in that paper published in the published. county which is nearest the selected location for such building; and in case there shall be no newspaper published in their county, then by posting notices of the same in five (5) of the most conspicuous and public places in their county for the same period of time. All such Contracts to contracts shall be let to the lowest responsible bidder, subject to the be let to the provisions of the twenty-third (23) section of the Act to which this is bidder. supplementary. Notice to be posted. lowest CHAP. XX.-An Act to authorize District Judges in certain cases to sign Records and settle Statements. [Approved February 19, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: authorized of term of SECTION 1. It shall be lawful from and after the passage of this Judges Act, for any District Judge of this State, at any time within twelve to sign months after the expiration of his term of office, or within twelve months records, etc., after after he shall, from any cause, have ceased to exercise the duties of expiration such office, to sign any records of his Court that he may have left un- office. signed at the time of going out of office; also to sign and settle statements on motions for new trials, and Statements and Bills of Exceptions on appeal to the Supreme Court, subject to the same regulations and restrictions, that now are, or hereafter may be prescribed by law. effect. SEC. 2. Said records when thus signed, and said statements, and To have such bills of exception, when thus settled, shall have the same legal same legal force and effect that they would be entitled to had they been signed or settled by the Judge while in the exercise of his office. |