CHAP. XLIX.-An Act amendatory of and supplementary to an [Approved March 5, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section three of an Act of the Legislative Assembly of the Territory of Nevada, entitled "An Act defining the time of commencing Civil Actions," approved November twenty-first, one thousand eight hundred and sixty-one, is hereby amended, so as to read as follows: Section Three. The State of Nevada will not sue any person for, or in suits by the respect to, any real property, or the issues or profits thereof, by reason State for of the right or title of the State to the same, unless First-Such right or title shall have accrued within ten years before any action or other proceeding for the same; or, unless Second-The State, or those from whom it claims, shall have received the rents and profits of such real property, or of some part thereof, within the space of ten years. SEC. 2. Section four of said Act is amended so as to read as follows: real property. mining Section Four. No action for the recovery of mining claims, or for the For the recovery of the possession thereof, shall be maintained, unless it appear recovery of that the plaintiff, or those through or from whom he claims, were seized claims. or possessed of such mining claim, or were the owners thereof, according to the laws and customs of the district embracing the same, within two years before the commencement of such action. Occupation and adverse possession of a mining claim shall consist in holding and working the same, in the usual and customary mode of holding and working similar claims in the vicinity thereof. All the provisions of this Act which apply to other real estate, so far as applicable, shall be deemed to include and apply to mining claims; provided, that in such applica- Proviso. tion "two years" shall be held to be the period intended whenever the term "five years" is used; and, provided further, that when the terms legal title" or "title" are used, they shall be held to include title acquired by location or occupation, according to the usages, laws, and customs of the district embracing the claim. 66 SEC. 3. Section five of said Act is hereby amended, so as to read as follows: recovery of real Section Five. No cause of action, or defense to an action, founded upon For the the title to real property, or to rents, or to services out of the shall same, be effectual, unless it appear that the person prosecuting the action, or property. making the defense, or under whose title the action is prosecuted, or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within five years before the committing of the act in respect to which said action is prosecuted, or defense made. Where peaceable entry is made. Actions other than of real property. SEC. 4. Section six of said Act is hereby amended, so as to read as follows: Section Six. No peaceable entry upon real estate shall be deemed sufficient and valid as a claim unless an action be commenced by the plaintiff for possession within one year from the making of such entry, or within five years from the time when the right to bring such action accrued. SEC. 5. Section sixteen of said Act is hereby amended, so as to read as follows: Section Sixteen. Actions other than those for the recovery of real for recovery property can only be commenced as follows: Within five years-an action upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States. Within four years— an action upon any contract, obligation, or liability, founded upon an instrument in writing, except those mentioned in the preceding section. Within three years― Limita tions. First-An action upon a liability created by statute, other than a penalty or forfeiture. Second-An action for trespass upon real property. Third-An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. Fourth-An action for relief, on the ground of fraud; the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. Within two years First-An action upon a contract, obligation, or liability not founded upon an instrument of writing. Second-An action against a Sheriff, Coroner, or Constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. Third-An action upon a statute for a penalty or forfeiture where the action is given to an individual, or an individual and the State, except when the statute imposing it prescribes a different limitation. Fourth-An action for libel, slander, assault, battery, or false imprisonment. Fifth-An action upon a statute for a forfeiture or penalty to the State. Sixth-An action against a Sheriff, or other officer, for the escape of a prisoner arrested or imprisoned on civil process. Seventh-An action on an open account for goods, wares, and merchandise sold and delivered. Eighth-An action for any article charged in a store account. SEC. 6. Section nineteen of said Act is hereby amended, so as to read as follows: Section Nineteen. The limitations prescribed in this Act shall apply Actions ap- to actions brought in the name of the State, or for the benefit of the plied to. State, in the same manner as to actions by private parties. Absence of defendant at time cause of action accrued. SEC. 7. Section twenty-one of said Act is hereby amended, so as to read as follows: a Section Twenty-one. If, when the cause of action shall accrue against he be out of the State, the action may be commenced within the person, time herein limited after his return to the State; and if after the cause of action shall have accrued he depart the State, the time of his absence shall not be part of the time prescribed for the commencement of the action. SEC. 8. Section thirty-two of said Act is hereby amended, so as to read as follows: contract, Section Thirty-two. An action upon a judgment, contract, obliga- Action on tion, or liability for the payment of money or damages obtained, made, etc., made executed, or incurred out of this State, can only be commenced as fol- out of State. lows: First-Within one year, when prior to the passage of this Act more than two, or less than five, years have elapsed since the cause of action accrued. Second-Within six months, when prior to the passage of this Act more than five years have elapsed since the cause of action accrued. Third-Within two years, in all other cases, after the cause of action accrued. A right of action shall be deemed to have accrued on a judgment at the time of its rendition. SEC. 9. Section thirty-three of said Act is hereby amended, so as to read as follows: any action Section Thirty-three. When the cause of action has arisen in When other State or Territory of the United States, or in a foreign country, barred. and by the laws thereof an action there cannot be maintained against a person by reason of the lapse of time, no action thereon shall be maintained against him in this State. repealed. SEC. 10. Sections thirty-three and thirty-four of said Act, and the Acts Act entitled "An Act amendatory of section thirty-four of an Act entitled 'An Act defining the time of commencing Civil Actions," approved November twenty-first, eighteen hundred and sixty-one, and the Act approved November twenty-third, eighteen hundred and sixtyone, entitled "An Act to amend an Act defining the time of commencing Civil Actions," approved by the Governor on the twenty-first day of November, eighteen hundred and sixty-one, are hereby repealed; but nothing herein contained shall be construed to affect rights Rights already acquired, or defenses existing, at the time of the passage of acquired this Act; and in computing the time within which to commence ac-affected. tions, the time which had elapsed at the time of the passage of this Act, and which might have been plead prior thereto, shall be deemed and held a part of the time herein provided for. SEC. 11. This Act shall take effect and be in force from and after its passage. not to be CHAP. L.-An Act entitled "An Act authorizing the County Commissioners of the several counties in this State to appoint additional Justices of the Peace. [Approved March 5, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Whenever a majority of the taxpayers of any township in any county of this State shall petition to the Board of County Justices of the Peace, how Additional Commissioners, for the appointment of an additional Justice of the Peace for such township, the Commissioners of said county having jurisdiction of such township shall, and they are hereby authorized to make such appointment, and to require the necessary bond, as provided by law. Who may be joined in marriage. Proviso. Proviso. Who may as husband CHAP. LI.-An Act to amend an Act entitled "An Act relating to Marriage and Divorce," approved November twenty-eighth, one thousand eight hundred and sixty-one. [Approved March 5, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of said Act is hereby amended, so as to read as follows: persons Section Two. Male persons of the age of eighteen years, and female of the of sixteen years, not nearer of kin than second cousins, age and not having a husband or wife living, may be joined in marriage; provided always, that male persons under the age of twenty-one years, and female persons under the age of eighteen years, shall first obtain the consent of their fathers, respectively, or in case of the death or incapacity of their fathers, then of their mothers or guardians; and, provided further, that nothing in this Act shall be construed so as to make the issue of any marriage illegitimate if the person or persons shall not be of lawful age. SEC. 2. Section four of said Act shall be amended, so as to read as follows: Section Four. It shall be lawful for any ordained minister of any rejoin persons ligious society or congregation within this State who has or hereafter and wife. may obtain a license for that purpose as hereinafter provided, or for any Judge of a District Court in his district, or justice of the peace in his county, to join together as husband and wife all persons not prohibited by this Act. Any minister of the gospel, upon producing to the District Court of any county or district within this State, credentials of his being a regular [ly] ordained minister of any religious society or Ministers to congregation, shall be entitled to receive from said Court a license be licensed. authorizing him to solemnize marriages within this State so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as License to aforesaid, to produce to the County Clerk in every county in which he be produc- shall solemnize any marriage, his license so obtained; and the said Clerk, etc. Clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within this State, and shall note the Court from which such license issued, for which service no charge shall be made by such Clerk. The record so made, or the certificate thereof by the said Clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages. ed SEC. 3. Section five of said Act is amended, so as to read as follows: to be County Section Five. Previous to persons being joined in marriage a license License shall be obtained for that purpose from the County Clerk of the county obtained where the persons, or one of them, intending to be married reside (or from in case the persons intending to be married do not reside in this State, Clerk. then from the County Clerk of any county in the State). The County Clerk may inquire of the party applying for marriage license upon oath or affirmation relative to the legality of such contemplated marriage; and if the clerk shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license, and if any of the persons intending to marry shall be under age, and shall not have been Where previously married, the consent of the parent or guardian shall be per-under sonally given before the clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk and make oath that he saw the parent or guardian, whose name is annexed to such certificate subscribed, or heard him or her acknowledge the same, whereupon the clerk is authorized to issue and sign such license, affixing thereto the seal of the county. The clerk shall be entitled to receive as his fee for issuing the license the sum of Clerk's fee. one dollar, and if any clerk shall in any other manner issue, or sign any marriage license, he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved. SEC. 4. Section seven of said Act is amended, so as to read as follows: persons are age. Certificate. Section Seven. When a marriage shall have been solemnized the per- Marriage son solemnizing the same shall give to each of the parties, if required, a certificate thereof, specifying therein the names and residence of the parties, and of at least two witnesses present, and the time and place of such marriage. SEC. 5. Section three of said Act is hereby repealed. Repeal. SEC. 6. This Act shall take effect and be in force from and after Act to take the first day of June, A.D. one thousand eight hundred and sixty-seven. effect. CHAP. LII.-An Act amendatory of an Act entitled "An Act to provide for the Maintenance and Supervision of Public Schools," approved March 20th, 1865. [Approved March 8, 1867.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of this [said] Act is hereby amended, so as to read as follows: Fund. Section One. The principal of all moneys accruing to this State from School sale of lands heretofore given or bequeathed, or that may hereafter be given or bequeathed for public school purposes, all fines collected under the penal laws of the State, two per cent. of the gross proceeds of all toll roads and bridges, and all estates that may escheat to the State, |