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Section Forty-three. Each male resident of this State, over twenty- Poll taxes. one and under sixty years of age, (uncivilized American Indians excepted) and not by law exempt, shall pay an annual poll tax, for the

use of the State and county, of four dollars; and for the purposes of this who deemAct, any person shall be deemed to be a resident of this State who shall ed resident. reside in this State, or who shall be employed therein upon any public

or private works, for a period exceeding ten days.

SEC. 2. Section fifty of said Act is hereby amended so as to read as follows:

How

Assessor

may enforce collection of Poll taxes.

Section Fifty. To enforce the collection of poll taxes, as provided in this Act, the Assessor may seize so much of any and every species of personal property whatsoever, claimed by any person (liable to and refusing or neglecting to pay his poll tax) [?] or property in the possession of, or due from any other person, and belonging to such person so refusing or neglecting to pay such poll tax, as will be sufficient to pay the same and costs of seizure, which costs shall not exceed three dollars, and shall sell the same at any time or place, giving verbal notice of one hour previous to such sale; and any person indebted to another, liable to pay a poll tax, but who has neglected or refused to pay the same, shall be liable to pay said tax for such other person after service upon him by the Assessor of a notice, in writing, stating the name or names of the person or persons so liable and owing a poll tax, and such debtor may, upon paying the same, deduct the amount thereof; and any person or persons, company or corporation, doing business within this State, and having, by direct contract, or indirectly through other contractors, in their employ one or more persons liable to and owing a poll tax in this State, shall be liable for any and all poll taxes that may be due from such employés, and may deduct the amount from any sums due, or that may afterwards become due, to such employés, whether such wages are payable directly to such employés or to other persons who furnish such employés under contract, with such person or persons, company or corporation; and the Assessor[s] of the respective counties are authorized, and it is hereby made their duty, to seize so much of any and every kind of personal property whatsoever, claimed by such person or persons, company or corporation, refusing or neglecting to pay the poll tax of all persons in their employ in this State, as will be sufficient to pay the same and costs of seizure, and shall sell the property thus seized, at any time and place, by giving notice to the claimant of at least one day of the time and place of sale; provided, Proviso. that the Assessor shall first require of the person or persons, or his or their agents, or, if a company or corporation, the president, secretary, superintendent, agent, manager, or whomsoever may be in charge of any works within this State, belonging to, or under the control of, such company or corporation, a statement under oath of the number of persons employed by them, and should any person thus required refuse or neglect to make such statement, as herein provided, it shall be the duty of the Assessor to make an estimate of the number of persons in the employ of such person or persons, company or corporation, as he may deem just and reasonable, and the assessment thus made shall be valid as though made and verified to, as herein specified; and, provided further, Proviso. the county commissioners may, in their discretion, require the Assessor to demand the statement and make the assessment, as provided in this section of this Act, at different times, and at any time between the first Monday in March and the first Monday of December in each year; and any person or persons, company or corporation, should have any per

sons in their employ not previously assessed, they shall make and furnish to the Assessor a statement of the number of such unassessed persons in their employ, and shall, thereupon, be required to pay their poll tax, as provided for in this section of this Act.

CHAP. XLII.—An Act to provide for the Payment of the Indebtedness of Esmeralda County.

[Approved March 2, 1867.]

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

Treasurer SECTION 1. From and after the passage of this Act it shall not be prohibited from paying lawful for the Treasurer of Esmeralda County to pay any warrant Warrants. drawn on the Treasury of said County prior to the passage of this Act, except in the manner hereinafter provided.

Redemption Fund created.

Duty of
Treasurer.

SEC. 2. The Board of County Commissioners of said County are hereby authorized and directed, from and after the passage of this Act, to create in the County Treasury of said County, a Fund to be known and denominated the "Redemption Fund" of said County; and all moneys coming into the treasury from and after the passage of this Act, ordered to be paid into the General Fund, shall be paid into said Redemption Fund; the moneys placed in the Redemption Fund created by this Act, shall be disbursed as hereinafter provided.

SEC. 3. Whenever, at any time, there shall be in said Redemption Fund the sum of five hundred dollars or more, it shall be the duty of the County Treasurer of said County to give at least ten days' notice by publication in some newspaper published in the county; if there be no newspaper published in said county, or if the publisher of such paper shall fail or refuse to publish such notice for any cause whatever, then in that case, the Treasurer of said county shall cause said notice to be Proposals posted upon the court-house door, that sealed proposals, directed to him, will be received for the surrender of County indebtedness, audited and allowed by the Board of County Commissioners and payable out of the General Fund of said county, and allowed prior to the thirtyfirst of December, eighteen hundred and sixty-six, and that said proposals will be received by him, until the regular meeting of the Board of County Commissioners of said county thereafter.

for surrend

er of warrants.

Proposals opened.

Proviso.

Accepted bids.

SEC. 4. On the first day of such regular meetings of said Board of County Commissioners, they, together with the County Auditor and Treasurer, shall attend at the meeting room of such Board, and then and there open all sealed proposals, and accept the lowest bid or bids for the surrender of legal evidence of County indebtedness, against said General Fund, audited prior to the thirty-first of December, eighteen hundred and sixty-six; provided, that no bid for more than par value shall be accepted by them, nor any bid unless accompanied with the legal evidence of indebtedness proposed to be surrendered.

SEC. 5. When any bid or bids are accepted, the County Auditor shall take a description of the indebtedness to be redeemed, specifying

to be

the amount to be paid for each, the date, number and amount thereof, and make a record thereof; and thereupon the Board of County Commissioners shall, by order, direct the County Treasurer to purchase the warrants of indebtedness designated in the accepted bid or bids, and pay for the same out of the Redemption Fund aforesaid, and all warrants, so redeemed, shall be canceled by the County Treasurer, by Warrants writing across the face thereof in red ink, "purchased and redeemed," canceled. adding thereto the time when, and the amount paid therefor, signifying [signing] the same officially. The order of the Board of County Commis- Vouchers. sioners, aforesaid, together with the record made by the County Auditor as herein required, shall be sufficient vouchers for the County Treasurer, in the settlement of his accounts. The bids specified in this Act being equal, preference shall be given to the smallest amount; that shall be deemed the lowest bid which offers the largest amount for the Lowest bid. least sum of money. The bids and amounts of indebtedness being equal, taking into consideration both principal and interest, each shall be accepted pro rata, as near as possible. The County Treasurer shall Treasurer return all unaccepted bids to the owners on demand. The County unaccepted Treasurer shall keep a separate account, under the heading of Redemp-bids, tion Fund, of all moneys received into said fund, and of all moneys accounts paid out of said fund, and to whom paid. He shall also, in the register of County warrants kept by him, write opposite each warrant redeemed under the provisions of this Act, the word "purchased" and the amount paid therefor.

to return all

Separate

to be kept.

include in

SEC. 6. At the end of each year the County Treasurer shall in- What to clude in his notice for the surrender of all County indebtedness audi-notice. ted and allowed by the Board of County Commissioners in [on] the said General or Redemption Fund, all of said indebtedness prior to the end of the preceding year, until the whole of said indebtedness is paid, and the County placed on a cash basis.

SEC. 7. All Acts, and parts of Acts, heretofore passed, so far as they Repeal. conflict with the provisions of this Act, are hereby repealed, so far as the same relates to said Esmeralda County.

how

SEC. 8. All printing ordered or required to be done under the pro- Printing, visions of this Act, shall be audited and paid out of the first moneys audited and coming into said Redemption Fund.

paid.

authorized

SEC. 9. From and after the passage of this Act, the County Audi- Treasurer tor of said County is hereby authorized to draw his warrant for all to draw indebtedness of said County, now existing, or which may be hereafter Warrants. contracted by said Esmeralda County; provided, always, that such in- Proviso. debtedness shall first have been duly examined and allowed by the Board of County Commissioners of said County.

SEC. 10.

its passage.

This Act shall take effect and be in force from and after

Manner of

removing or locating County Seats.

Proviso.

Proviso.

Canvass of votes.

Books, papers,

records, etc. to be removed.

CHAP. XLIII.—An Act providing for the removal of County
Seats, and the permanent location of the same.

[Approved March 2, 1867.]

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

SECTION 1. When any number of legal voters of any county in this State, equal to three-fifths of the whole number of votes cast at the last general election in said county, shall petition the Board of County Commissioners of such county for the removal or location of the seat of justice, the County Commissioners shall, within fifty days thereafter, cause an election to be held at the various places of voting in said county; said Commissioners giving thirty days' notice in some newspaper published in the county, or by posting written or printed notices at the several voting precincts in the county. Such notice shall state the time and place of holding, and the purposes for which such election is held. And any election provided for in this Act, may be held on the day of any general election for either State or county officers in such county. The place receiving a majority of all the votes cast at such election, shall be declared the county seat; provided, no place receives a majority of all the votes cast, there shall be held a second election for said seat of justice on the second Tuesday thereafter, at which second election the balloting shall be confined to the two places having the highest number of votes at the first election, as provided for in this Act; provided, that where the county seat of any county has been located by Commissioners, such location shall not be held to be a location by the people.

SEC. 2. The Board of Commissioners shall meet on the Monday following said election, and proceed to canvass the vote, and the place having received the majority of all the votes cast, shall be proclaimed by them the seat of justice for the said county.

SEC. 3. The county officers, who are required by law to keep their offices at the county seat, shall, within twenty days after said proclamation, remove all books, records, papers, and furniture belonging to the Failure to county to the place named; and if any officer shall fail to remove within the time prescribed by this section, he or his sureties shall pay to the county the sum of twenty dollars for each and every day of such failure, to be sued for and collected by the Board of County Commissioners.

remove within time.

Election, how

SEC. 4. The elections provided for in this Act shall be conducted conducted. in all respects as provided for by the general election laws of this State.

CHAP. XLIV.-An Act for the Incorporation of Hospitals or
Asylums in certain cases.

[Approved March 4, 1867.]

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

and

SECTION 1. In all cases where lands or any other property, Hospitals amounting in value to one thousand dollars or upwards, have been or Asylums, shall hereafter be given, granted, devised or bequeathed to one or how incorporated. more trustees, or persons acting in the capacity of trustees, for the purpose of founding or endowing a Hospital, or other charitable asylum within this State, for the care or relief of orphan children, or of sick, infirm or indigent persons, and it shall, for the more effective and perfect administration of such trust, be deemed expedient by such trustee[s] to organize themselves as a corporation, then the trustees, or persons acting as trustees in whom said lands, or other property, are for the time being invested, may become incorporated by executing under their hands, and acknowledging before some person in this State authorized to take the acknowledgment of deeds, duplicate articles of incorporation, one of which shall be filed in the office of the Secretary of State, and one recorded in the Clerk's office of the county in this State in which the office of such incorporation or association may be located, and upon the execution and acknowledgment of such articles, the signers thereof shall become, and be a body politic and corporate, for the object and purposes set forth in said articles; and they, their successors and associates shall continue to be such body corporate and politic, and may sue and be sued, take, hold and convey real and personal estate, subject to the limitations hereinafter contained; may adopt a common seal, and change the same, and may exercise all the powers, and shall be subject to all the responsibilities by law conferred and imposed.

Articles, what to

SEC. 2. Said articles shall contain and declare : First-The name of such corporation, the city, town or county in contain and which such Hospital or Asylum is, or is to be located, and the period declare. for which it is incorporated.

Second-The objects of said corporation, which shall be stated with all the convenient fullness and certainty.

Third-The names of the trustees thereby incorporated.

Fourth-The number of persons who shall constitute the permanent board of trustees of such corporation, the mode of the election or appointment of the first board of trustees, the time for which the trustees shall be elected or appointed, and the mode in which their successors shall be elected or appointed.

Fifth-Such other officers of the corporation as may be deemed

[blocks in formation]

Trustees.

SEC. 3. The affairs of said corporation shall be managed by a Board of board of trustees, not less than three, nor more than fifteen in number, who shall be chosen or appointed in such manner as is fixed in the articles of the incorporation; such trustees shall hold for the term or time in such articles fixed, and until their successors are

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