County Commissioners to issue permits. Proviso. not less than three hundred dollars nor more than five hundred dollars for each and every such offense, or shall be imprisoned in the county jail for any period not less than six months nor more than twelve months, or by both such fine and imprisonment. SEC. 2. The County Commissioners of the several counties in this State, in which said human remains are buried or interred, as provided in section one of this Act, are hereby authorized to grant and to issue written permits for the disinterments and removal of any such human remains referred to in section one of this Act, whenever in their judgment the public health will not be endangered by such disinterment and removal; provided, however, that no such permit shall be granted or issued, under any circumstances or at any time where the party or parties buried or interred have died from or with any contagious or loathsome disease. School Trustees to provide maps, How paid for. Divide depart ments. CHAP. XXXIX.-An Act to amend an Act entitled an Act to provide for the maintenance and supervision of Public Schools, as approved March twentieth, eighteen hundred and sixty-five. [Approved February 26, 1879. The People of the State of Nevada, represented in Senate and SECTION 1. Section twenty-nine of the Act of which this Act is amendatory is hereby amended so as to read as follows: Section Twenty-nine. The School Trustees shall have power, and it shall be their duty: First, to provide school-houses with charts, etc. maps, black-boards, furniture and other necessary appendages, including library and cabinet cases, if deemed expedient, and pay for the same out of the county school moneys belonging to their district; second, to provide books for the indigent children, and record books for the district, and to pay for the same out of the county school moneys belonging to their district; third, to divide the public schools within their district schools into into infant (taught by the Frobel system), primary, grammar and high school departments, and to employ competent and legally qualified teachers for the instruction of the different departments, whenever they shall deem such division into departments advisable; provided, there shall be such means for all such departments, and if not, then in the order in which they are herein named, excepting the infant school, which shall not be considered as taking precedence of any other department; provided, also, that the infant department shall not be established in any district having a school population of less than three hundred children; fourth, to suspend or expel, from any public school within their district, with the advice of the teachers, any pupil who will not submit to the reasonable and ordinary rules of order and discipline therein, and in any dis Proviso. Right to suspend. excluded Trustees to turn over trict having graded schools, to exclude from the primary Children department children under six years of age; fifth, to apportion the school fund among the several schools within their district, in proportion to the average number of pupils attending such schools; sixth, at the close of their official term, to deliver over their books of record, and all papers, books, blanks, docu- books, etc. ments, moneys and all other property in their hands, as such Trustees, to their successors in office, and take their receipt for the same, which receipt shall be filed with the County Superintendent. CHAP. XL.-An Act to amend an Act entitled an Act to amend an Act entitled "An Act to regulate proceedings in civil cases, in the Courts of Justice of this State," and repeal all other Acts in relation thereto, approved March eighth, eighteen hundred and sixty-nine; approved March fifth, eighteen hundred and seventy seven. [Approved February 26, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section three hundred and seventy-nine of said Act is amended so as to read as follows: one party to tion not a transac allowed to testify in case of the other. death of the Representa tives excluded. Section Three hundred and seventy-nine. No person shall be allowed to testify under the provisions of section three hundred and seventy-seven, when the other party to the transaction is dead, or when the opposite party to the action, or the person for whose immediate benefit the action or proceeding is prosecuted or defended, is the representative of a deceased person, when the facts to be proved transpired before the death of such deceased person; provided, that when such deceased person was represented in the transaction in question, by an agent who Proviso. is living, and who testifies as a witness in favor of the representative of such deceased person, in such case the other party may also testify in relation to such transaction; and nothing contained in said section shall effect the laws in relation to Attested attestation of any instrument required to be attested; provided further, that when either husband or wife is insane, and has In case of been so declared by a Commissioner of Lunacy, or in due form of law, the other shall be a competent witness to testify as to any fact which transpired before or during such insanity, but Privilege the privilege of so testifying shall cease on the restoration to soundness of the insane husband or wife. instruments insanity. to cease. Charcoal measurement CHAP. XLI.-An Act to regulate the Measurement of Charcoal. The People of the State of Nevada, represented in Senate and SECTION 1. The standard measure of a bushel of charcoal is hereby established at two thousand seven hundred and forty-seven established. and seven hundred and fifteen one thousandths cubic inches, stroke ́ measure, and all charcoal bought or sold by actual measurement, must be measured in the mode and manner herein provided. Sealed measures SEC. 2. All persons, or corporations, purchasing or consumto be kept. ing more than twenty thousand bushels of charcoal annually, shall keep a sealed measure of convenient size. Surveyors to estimate measures. SEC. 3. For the purpose of this Act, any County Surveyor is dimensions empowered to estimate the dimensions of any bin or measure, and inscribe and he shall inscribe thereon, in plain letters, the number of standard bushels it will contain, together with his own name or signature; he shall receive for such services five dollars for each measure so inscribed; his fee to be paid by those required under the provisions of this Act, to maintain sealed measures. Fees of By whom Fines. Act to take ffect. SEC. 4. Any person, or superintendent, or manager of any corporation or company, violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars. SEC. 5. This Act shall take effect and be in force from and after the first day of April, A. D. eighteen hundred and seventynine. County Commissioners of Eureka County to allow claims. CHAP. XLII.-An Act to authorize the County Commissioners of [Approved February 27, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. The County Commissioners of Eureka County are hereby authorized to allow the claims of L. W. Cromer and Cassidy and Skillinan; that of the former being one hundred and seventy-eight dollars, and of the latter, three hundred and eighty dollars, all for services performed and material furnished under the provisions of an Act entitled "An Act to incorporate the town of Eureka," approved March 1, 1877, and upon such allowance by the said County Commissioners, the claims reHow paid. spectively shall be paid out of the General Fund of the County of Eureka, in like manner as other claims against the same are audited and paid. CHAP. XLIII-An Act to authorize and empower aliens and nonresident persons and incorporations to take, hold, enjoy, and acquire real estate in the State of Nevada. [Approved February 27, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Any non-resident alien, person, or corporation, except subjects of the Chinese empire, may take, hold, and enjoy any real property, or any interest in lands, tenements, or hereditaments within the State of Nevada, as fully, freely, and upon the same terms and conditions as any resident citizen, person, or domestic corporation. Persons to take, hold, and own property. non SEC. 2. The right of eminent domain is hereby granted to Rights granted · such non-resident or foreign corporations, upon the same terms and conditions as the same is granted to resident or domestic residents. corporations. construed. SEC. 3. Nothing herein contained shall be so construed as to How confer any other or further rights under the Statutes of Limitation than those at present existing. CHAP. XLIV.—An Act granting certain powers to the Board of [Approved February 27, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. The Board of Directors of the State Orphans' Home is hereby authorized to receive, and have full control of any and all gifts, bequests, or donations, now made, or that may be made hereafter, to the State Orphans' Home, and the said Board is also hereby empowered to invest or expend the principal and interest of any and all such moneys coming thus into their possession, as they may deem best for the interest of said Orphans' Home; provided, that nothing in this Act shall be so construed as to prevent any person or persons, company or society, from making any gift of money or property, and directing how such money or property shall be disposed of, and when; such direction shall accompany such gift. The Directors of the Orphans' Home shall make such disposition of such gift, or money, or property, as the donor or donors may direct. Gifts, bequests, etc., to Orphans' Home, under control of the Board of Directors Board empowered same. to invest Proviso. Donors may direct the disposal of gifts, etc. Liens to be held by woodchoppers and others. Wood and timber held Possession. Time for bringing actions. Costs and judgments, how satisfied. CHAP. XLV. An Act to amend an Act entitled "An Act to secure liens to Mechanics and others, and to repeal all other Acts in relation thereto," approved March second, eighteen hundred and seventy-five. [Approved February 28, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section eighteen of said Act is hereby amended so as to read as follows: Section Eighteen. All persons who shall perform work or labor upon any tract or tracts of lands, by cutting or cording the wood or timber growing, or being thereon, shall have and may each respectively, claim and hold a lien upon the wood or timber so cut, or corded, for the amount in value of the work or labor so performed, by retaining possession of the same, until the whole amount due for such work or labor shall have been paid; provided, that any lien claimed and held, as aforesaid, shall be deemed to be waived, unless an action be brought in some Court of competent jurisdiction, for the recovery of the amount for which such lien is claimed as security, within sixty days after such wood or timber shall have been taken into possession by the claimant; and the fact that such lien is claimed, shall be set out in the complaint, together with a description of, and the number of cords of wood, or feet of timber retained in possession by the claimant. If the judgment be for the plaintiff in such action, the execution shall direct the same, with costs, to be satisfied out of the wood or timber so retained, if the same shall be sufficient; if not, then the balance to be satisfied out of any other property of the defendant in the same manner provided by law. In all cases where two or more persons are jointly engaged under a contract or employment, in cutting or cording wood or timber, on any tract or tracts of land in this State, any one of such persons may claim, have, hold and enforce a lien, for all the work or labor performed, as in this section provided, and for the benefit of the other persons jointly interested with him; in such cases, in all actions brought under the provisions of this section, it shall be the duty of the Court, in case the judgment shall be for the plaintiff, to designate in such judgment the amount due each of the persons interested. Possession of wood or timber within the meaning of this section shall be deemed to be in the person or persons cutting or cording wood or timber, for the purposes of this Act, from the time of cutting or cording the same; and shall not be deemed to have been released or yielded by the person or persons performing the work or labor, as herein provided, except Exceptions such person or persons, by word or act clearly and distinctly depossession, clare, or evidence his or their intention to so release or yield possession; and in cases of a joint contract or employment, the possession of any part of the wood or timber, cut or corded, shall not be deemed yielded or released without the assent of In cases of contracts. Duty of to rights. Joint contracts. |