Embezzle ment by Section Seventy-four. If any clerk, apprentice, servant, or any other person whatsoever, whether bound or hired, to whom clerks, etc. any money or goods, or chattels, or other property, shall be intrusted for any purpose whatsoever, by his or her master, employer, or any other person or persons, corporation or corporations, by whom he or she may be intrusted, shall withdraw himself or herself and shall go away with the said money, goods, chattels or property, or any part thereof, with the intent to steal the same, and defraud his or her master, employer, or any other person or persons, corporation or corporations, of the same, or being in the service of his or her said master or employer, corporation or corporations, or any other person or firm, shall embezzle the said money, goods, chattels or property, or any part thereof, or shall otherwise convert the same to his or her own use, shall be prima facie evidence of the intent to steal the same, and every such person or persons so offending shall be punished Penalty. in the manner prescribed by law for feloniously stealing property of the value of the articles so taken, embezzled, stolen or converted. SEC. 2. Section seventy-five of said Act is hereby amended so Amendment as to read as follows: offense. ment. Term of sentence. Fines and imprison ment. Section Seventy-five. If any bailee of any money, goods or Bailees. property, shall convert the same to his or her own use, with the intent to steal the same, or to defraud the owner or owners thereof, he or she shall be deemed guilty of embezzlement, and Charge of on conviction thereof, if the amount or value of the property so converted or embezzled be fifty dollars or more, he or she shall Imprisonbe punished by imprisonment in the State Prison, for a term not less than two nor more than five years; and if the amount or value of the property so converted or embezzled shall be less than fifty dollars, he or she shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment, in the discretion of the court. The term bailee, as Bailee. used in this Act, shall be construed to include and mean all persons with whom any money, goods or property has been deposited, and all persons to whom any goods or property has been loaned or hired, and all persons to whom any goods or property shall be delivered, for any purpose whatsoever, and all persons who shall, either as agent, collector or servant, be empowered, authorized or entrusted to carry, collect or receive any money, goods or property of another; and any use of said money, goods or property by any bailee thereof, other than that for which the same was borrowed, hired, deposited, carried, received or collected, shall be prima facie evidence of conversion Evidence and of intent to steal the same and defraud the owner or owners of intent. thereof. SEC. 3. All Acts and parts of Acts in conflict with this Act Act are hereby repealed. repealed. Amendment Salaries of Proviso. Act repealed. CHAP. CXIX.--An Act to amend an Act entitled " An Act to provide Revenue for the Support of the Government of the State of Nevada," approved March 9, 1865; approved March 11, 1867; approved March 3, 1869; approved March 4, 1871; approved February 20, 1873; approved February 20, 1877. [Approved March 10, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section one of the Act of which this Act is amendatory, is amended so as to read as follows: Section One. The Treasurers of the several Counties of this State shall be allowed the following named salaries, to wit: The Treasurer of Storey County, three thousand dollars; of Ormsby County, fifteen hundred dollars; of Douglas County, eight hundred dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; Esmeralda County, eight hundred dollars; of Lyon County, twelve hundred dollars; of Washoe County, twelve hundred dollars; of Churchill County, six hundred dollars; of Lander County, one thousand dollars, on and after the first day of Janury, A. D. eighteen hundred and seventy-nine; of Humboldt County, one thousand dollars; of White Pine County, one thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Elko County, two thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Lincoln County, one thousand dollars, on and after the first day of January, A. D. eighteen hundred and seventy-nine; of Nye County, twelve hundred dollars; of Eureka County, two thousand dollars, said salaries to be audited by the Board of County Commissioners, and paid at the end of each quarter out of the Treasurers' Salary Fund; provided, that whenever at the end of any quarter there shall not be sufficient money in said fund to pay said salary, the Board of County Commissioners shall set apart from any moneys in the General Fund, or from the first money that shall come into the said General County Fund, not otherwise specially appropriated, an amount sufficient to pay said salary; and provided further, that whenever at the end of any year there shall remain any money in the said fund, after paying the Treasurers' salary, the Board of County Commissioners shall cause the money so remaining to be transferred into the General Fund. SEC. 2. All Acts and parts of Acts in conflict with this Act, are hereby repealed. CHAP. CXX.-An Act relating to the flow of water in the Truckee River. [Approved March 10, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. The Attorney-general of this State and the County Commissioners of Washoe County are hereby authorized and empowered to commence suits, or take such other action as may be necessary, to maintain a regular or natural flow of water in the Truckee River, and in all suits so instituted, if necessary, to use the name of " The State of Nevada." Attorneygeneral and County Commis sioners to suits. in name of Nevada. SEC. 2. The sum of three thousand dollars is hereby appro- Appropria priated out of any moneys in the State Treasury, not otherwise tion. specifically appropriated, to defray the necessary expenses for carrying into effect the provisions of section one of this Act, and the County Commissioners of Washoe County are hereby Washoe authorized and required to appropriate out of the General Fund of said county a like sum of three thousand dollars, to be used jointly and in equal sums with the money appropriated by the State for the purpose of carrying into effect the provisions of this Act. County to appropriate SEC. 3. All expenses incurred under the provisions of this Expenses to Act shall be audited by the State Board of Examiners in the be audited. same manner as are other demands against the State; and after the bills are so audited, they shall be paid in like manner as other bills against the State. State Board ers to notify of Examin Washoe SEC. 4. The State Board of Examiners shall notify the Board of County Commissioners of Washoe County of the amount of bills so audited, as expenses incurred under the provisions of this Act, and upon the receipt of said notice, said Board of County Commissioners shall immediately pay one half of said amount into the State Treasury; provided, the total amount expended shall not exceed the sum of six thousand dollars. SEC. 5. This Act shall take effect and be in force from and Act to take after its passage. pay one half Proviso. effect. CHAP. CXXI.-An Act to amend an Act entitled "An Act to create a Board of County Commissioners in the several counties of this State, and to define their duties and powers," approved March 8, 1865. [Approved March 10, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section seventeen of an Act entitled "An Act to create a Board of County Commissioners in the several counties County sioners salary. Amendment Salary. of this State, and to define their duties and powers," approved March 8, 1865, is hereby amended so as to read as follows: Section Seventeen. Each member of the Board of County Commissioners shall be entitled to receive for his services a sum not to exceed in the aggregate the sum of six hundred dollars per annum; provided, that in any county where at the last general election there were polled four thousand or more votes, such member of the Board of County Commissioners shall be entitled to receive for his services a sum not to exceed the sum of one thousand dollars in the aggregate during one year; and provided further, that in any county where at the last general election there were polled five thousand or more votes, each member of the Board of County Commissioners shall be entitled to a sum not to exceed in the aggregate during one year the sum of thirteen hundred and twenty dollars, and each member of the Board of County Commissioners shall receive twenty cents per mile for each mile necessarily traveled in going to and returning from the county seat to attend any session of One charge said Board; provided, that but one charge shall be made for going and returning from the residence of such Commissioner at any one session of such Board; and provided further, that no Commissioner shall be allowed any compensation for services by reason of his being on any Committee appointed by the Board, or for any cause other than as herein provided. Mileage. to be made. Salaries of County Auditors. Act repealed CHAP. CXXII.-An Act to amend an Act entitled "An Act to Regulate the Salaries of County Auditors," approved March 7, 1873. [Approved March 10, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section one of said Act is hereby amended so as to read as follows: Section One. From and after the passage of this Act, the Auditors of the several Counties of this State shall be allowed the following monthly salaries, to wit: The Auditor of Storey County, one hundred dollars; of Ormsby County, one hundred dollars; of Esmeralda County, one hundred dollars; of Douglas County, one hundred dollars; of Lyon County, one hundred dollars; of Lander County, one hundred dollars; of Humboldt County, one hundred dollars; of Elko County, one hundred dollars; of White Pine County, one hundred dollars; of Churchhill County, seventy-five dollars; of Lincoln County, one hundred dollars; of Washoe County, fifty dollars; of Nye County, one hundred dollars. SEC. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. CHAP. CXXIII.—An Act supplementary to an Act entitled "An Act to Regulate Fees and Compensation for Officials and other services in the State of Nevada," approved March 9, 1865. [Approved March 10, 1879.] The People of the State of Nevada, represented in Senate and Township officers. Fees. SECTION 1. The several County and Township Officers named County and in this Act may demand and receive for their services rendered, in discharging the duties imposed upon them by law, the fees and compensation provided for by law, and in the Act of which this is amendatory; provided, that such fees and compensation shall not, in the aggregate, annually exceed the several amounts hereinafter named: Any surplus of fees or compensation over fees paid and above such amounts, received by such officers, shall be into County paid into the County Treasury as hereinafter provided: Pro- Treasury. vided, the provisions of this Act shall be applicable only to Proviso. Counties of this State, polling five thousand votes or more at any general election held in this State. Surplus of Clerks. Sheriffs. District SEC. 2. The several County Assessors shall receive fees and Assessors. compensation annually, not exceeding the sum of four thousand ($4000) dollars; the County Clerks, six thousand ($6000) dollars; the County Recorders, four thousand eight hundred ($4800) dollars; the sheriffs, five thousand eight hundred ($5800) dollars; the District Attorneys, three thousand six hundred Attorneys. ($3600) dollars; the County Treasurers, three thousand ($3000) Treasurer. dollars; the Public Administrators, one thousand ($1000) dol- Public Adlars; the Justices of the Peace, four thousand ($4000) dollars; ministrator, and Constables, three thousand six hundred ($3600) dollars; Justices of provided, that if the fees, not allowed by law to any officer when collected, shall not amount to the several sums above mentioned. No claim shall be made by such officer against his County beyond the amount of fees collected by or due him as such officer. Peace. Constables, No claim against counties. County officers to keep fee book. SEC. 3. It shall be and it is hereby made the duty of the county and township officers herein named to keep in their several offices a book, to be called a "Register of Fees," wherein shall be entered all fees and compensation received by them; also, all fees uncollected or remaining due for official services, with a memorandum of the transactions wherein such fees were collected or remain due. Such book shall be open at all times inspection. to the inspection of the public, and no compensation shall be allowed for keeping the same. Open for No compensation. SEC. 4. It shall be and is hereby made the duty of said county Collection and township officers to diligently collect and to enter upon said of fees. register all the fees and compensation allowed by law to their several offices, for the services rendered by them in discharging official duties, and in case of neglect or refusal of any officer to collect such fees, or to enter the same in said register, as herein provided, he shall be liable upon his official bond for all dam- Liable for ages which his county may sustain by reason thereof; and the damages. |