levied or collected by any Act of the Legislature and payable into the State Treasury, and certify the amount or balance to the State Treasurer. He shall keep fair, clear, distinct and separate accounts of all the revenues and incomes of the State, and also all the expenditures, disbursements and investments thereof, showing the particulars of every expenditure, disburse ment and investment. SEC. 5. He shall audit all claims against the State which, by To audit all law, are specially authorized to be audited and paid out of the claims, etc. treasury, excepting only such claims as may be expressly required, by law, to be examined and adjusted by other officers or persons; and no claims for services rendered the State, or any officer thereof, shall be audited or allowed, unless such services or advances be specially authorized and the compensation fixed by law. SEC. 6. He shall draw all warrants upon the treasury for To draw all money, and each warrant shall express, in the body thereof, the warrants, particular fund out of which the same is to be paid, and no warrant shall be drawn on the treasury except there be an unexhausted specific appropriation, by law, to meet the same. The Controller shall keep an account of all warrants by him drawn on the treasury, and a separate account under the head of each specific appropriation in such form and manner as at all times to show the unexpended balance of each appropriation. of suits, etc. SEC. 7. He shall direct the Attorney-General to institute To direct the and prosecute, in the name of the State, all proper suits for the prosecution recovery of any debts, moneys or property of the State, or for the ascertainment of any right or liability concerning the same. He shall direct and superintend the collection of all moneys due to the State. against per to make SEC. 8. Whenever any officer, or other person or persons or To state an corporation, has received moneys belonging to the State, or account has been intrusted with the collection, management or disburse- sons failing ment of any moneys, bonds or interest, accruing therefrom, settlement. belonging in a like manner to, or held in trust by, the State, and shall fail to render an account thereof to, and make settlement with, the Controller, within the time prescribed by law, or where no particular time is prescribed, shall fail to render such account and make settlement, upon being required to do so by the Controller, within ten days after such requisition, the Controller shall state an account against such officer, or person, charging twenty-five per cent. damages, and interest at the rate of two per cent. per month, from the time of failing to render an account and settle, as aforesaid. institution SEC. 9. Whenever any officer, or other person or persons or To direct the corporation, shall be indebted to the State and fail or refuse to of suit in make settlement with the Controller, as in this Act required, certain cases and shall fail to pay over to the Treasurer, on the printed or written order of the Controller, according to the provisions of this Act, the amount or balance to be paid by such officer, or other person or persons or corporation, into the treasury, or to such person or persons entitled by law to receive the same, within the time prescribed by law, or if no time be prescribed by law, then within the time specified by such Controller, the Copy of account sufficient evidence. Party sub when. Controller, upon being notified by such treasurer, or otherwise, of such failure, shall direct the Attorney-General to institute suit for the recovery of the amount due and unpaid, with damages and interest thereon, against such officer, or other person or persons or corporation. SEC. 10. A copy of the account, in such case, made out and certified by the Controller, with his official seal affixed thereto, shall be sufficient evidence to support. an action in any court of competent jurisdiction, for the amount or balance stated therein to be due, without proof of the signature or official character of such Controller, subject, however, to the right of the defendant to plead and give in evidence, as in other actions, all such matters as shall be legal and proper for his defense or discharge. SEC. 11. The party thus sued shall be subject to the costs ject to costs, and charges of suit, whether the ultimate decision be against him or in his favor, except in cases in which he shall have rendered a true account, and shall also have paid the full amount to the proper person authorized by law to receive the same, before the commencement of said suit, or where the suit is brought to recover against a deceased debtor to the State, before the expiration of the time prescribed by law, within which representatives are allowed by law to administer upon estates. SEC. 12. If any defendant in any suit prosecuted at the instance of the Controller, under the provisions of this Act, shall, at the trial, give any evidence which existed prior to the time, and within the knowledge of the defendant at the time of such adjustment and settlement of his accounts, and which was not produced to said Controller at the time of said settlement, such defendant shall be subject to the costs and charges of said suit, whether the ultimate decision be against him or in his favor. Same. Duty to keep books, SEC. 13. It shall be the duty of the Controller to keep and and preserve preserve all public books, records, papers, documents, vouchers, records, etc. and all conveyances, leases, mortgages, bonds, and all securities for debts, moneys or property, and accounts, and property of any description, belonging or appertaining to his office, and also to the State, where no other provision is made by law for the safe keeping of the same. To give in the Legislature. SEC. 14. He shall give information to either house of the formation to Legislature, whenever required, upon any subject relating to the fiscal affairs of the State, or touching any duty of his office; and shall perform all such other duties, not enumerated in this Act, as may be required by law. Books, to be open to SEC. 15. All the books, papers, files, letters and transacpapers, etc., tions, pertaining to the office of Controller, shall be open to inspection. the inspection of the Governor, to the inspection of committees and members of the Legislature, or either branch thereof, or that of any other person authorized by law. Vacancy, SEC. 16. In case of the death, absence from the State for a how filled. period longer than ninety days without leave, removal from office, or impeachment of the Controller, the Governor shall make an appointment of some suitable person to perform the duties of the office of Controller for the remainder of the term for which the Controller was elected; and such person shall take the oath, and give the bond, required of the Controller, and shall receive the same compensation as is by law allowed to the Controller, in proportion to the time he shall be employed in such service. meanor. SEC. 17. If the Controller shall willfully neglect or refuse Misdeto perform any duty enjoined by law, or, by color of his office, shall knowingly do any act not authorized by law, or in any other manner than is authorized by law, he shall be deemed guilty of a misdemeanor in office. office. SEC. 18. The Secretary of State shall procure and deliver Seal of to the Controller a seal of office, with some suitable device, and having engraved around the margin thereof the words, "Controller's office of the State of Nevada;" an impression of which seal shall be retained in the office of the Secretary of State as a record. Said seal shall be used for the authentication of all drafts and warrants drawn by the Controller, and of all copies of papers issued from his office. accounts with all debtors to the State. SEC. 19. The Controller shall charge and enter in a proper To keep book or books, to be provided for that purpose, under distinct heads for each debtor, or disburser, or holder of public moneys, or dues to the State, of all and every description whatever, with a suitable index, arranged in alphabetical order, of all such persons, corporations, States, or the United States, as soon as such liabilities or indebtedness shall come officially to his knowledge, charging such officer, person or persons, corporations, States, or the United States, with the amount or amounts of such liabilities, stating whether such dues be in money, property, or securities of any kind; and particularly of all collectors of the public revenues of the State, and all dues to the State, whether money, property, securities, or other things, from any and all sources whatever, as soon as the same is due by law; or, if no time be stipulated or fixed by law, then as soon after twenty days notice as said Controller shall require the same to be paid, said Controller shall audit and state and require payment thereof; and if not paid, to proceed as directed by this Act, by suit, for the collection of the same. SEC. 20. Whenever any such debtor or debtors to the State have any such dues to the State ready to pay over, it shall be and payment the duty of such debtor or debtors to call on the Controller for settlement of his or their account; and, after such settlement, it shall be the duty of the Controller to issue his written or printed order, beginning with number one and running in numerical order until the end of the fiscal year, and directed to the Treasurer, to receive from such person making such payment, stating, in such written or printed order, the amount of money to be paid, in such forms as he may prescribe, and hand said written or printed order to said debtor or person offering to pay money, who shall take the same to the Treasurer, and pay over to him the amount specified in said written or printed order, and take from the Treasurer a receipt for the said amount; and on delivery of said receipt to the Controller, it shall be his duty to give to said debtor a discharge for the said Settlement of accounts. To keep account with amount; and the Controller shall immediately charge the Treasurer with the same; and in no case shall a discharge be granted to any debtor but on the delivery to the Controller of the Treasurer's receipt, predicated on a previous and corresponding written or printed order, to pay such amount into the Treasury, in the manner prescribed in this Act. SEC. 21. It shall be the duty of the Controller to open and Treasurer. keep, in a suitable book or books, to be provided for that purpose, an account with the Treasurer, charging him, in the manner herein before prescribed, with all the moneys for which the Treasurer may grant receipts, and with no other. How money treasury. SEC. 22. Whenever any person is entitled to draw, or to drawn from receive, any money from the Treasury, the Controller shall draw a warrant in his favor on the Treasurer, and deliver the same to the person entitled thereto, taking his receipt for the. same, in a book of receipts, to be provided for that purpose, numbering the receipt the same as the warrant, and shall give the Treasurer credit for all such warrants, in the order in which he issues the same, in such manner as to show the date thereof, in whose favor it was drawn, the nature of the claim upon which it is founded, with a reference to the law under which it is drawn. Duty respecting orders on the receipts. SEC. 23. It shall be the duty of the Controller to number all the written or printed orders he issues to the Treasurer to treasury and receive money, beginning with number one at the beginning of each fiscal year, and running in numerical order until the end of the fiscal year. The present fractional year to constitute the first fiscal year. It shall likewise be the duty of the Controller to see, before filing the Treasurer's receipt, that they are numbered with the corresponding numbers of the written or printed order on which the receipt was predicated, and to number on the back of each receipt the number thereof, and for what fiscal year, and carefully file away and preserve the To furnish same. SEC. 24. It shall be the duty of the Controller to provide and Collect suitable forms of blanks and books, and furnish the Assessors and Collectors of each county with the same, in such form and manner as will best effect the object of the statutes providing for the assessment and collection of the public revenues of the State. ors with blanks and books. Office hours. SEC. 25. The office of Controller shall be open for the transaction of business from ten o'clock A. M. till four o'clock P. M. of every day of the year, Sundays and public holidays excepted. CHAP. XLIV.-An Act to Regulate the Civil Jurisdiction and Practice in Justices' Courts, and to Consolidate into one Act former Provisions on the subject. [Approved February 26, 1866.] The People of the State of Nevada, represented in Senate and CHAPTER I. SECTION 1. The Courts held by Justices of the Peace shall Justices' be denominated Justices' Courts. They shall have no terms, Courts. but shall always be open. Justices' Courts shall be held in their respective townships, precincts or cities. JURISDICTION OF CAUSE OF ACTION. SEC. 2. Justices' Courts shall have jurisdiction of the following actions and proceedings: First-Of an action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed three hundred dollars. Second-Of an action for damages for injury to the person, or for taking or detaining personal property, or for injuring real or personal property, if the damages claimed do not exceed three hundred dollars. Third-Of an action for a fine, penalty or forfeiture, not exceeding three hundred dollars, given by statute, or the ordinance of any incorporated or unincorporated city, town or village. Fourth-Of an action upon a bond conditioned for the payment of money, not exceeding three hundred dollars, though the penalty exceed that sum; the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for each installment as it becomes due. Fifth-Of an action upon a surety, bond or undertaking, though the penalty exceed, if the amount claimed does not exceed, three hundred dollars. Sixth-Of an action to recover the possession of personal property, when the value of such property does not exceed three hundred dollars. Seventh-To take and enter judgment on the confession of a defendant, when the amount confessed does not exceed three hundred dollars. Eighth-Of actions for the possession of lands and tenements, where the relation of landlord and tenant exists. Ninth-Of actions when the possession of lands or tenements has been unlawfully or fraudulently obtained or withheld, in which case the proceedings shall be as prescribed by the Acts upon that subject. Tenth-of proceedings respecting vagrants and disorderly persons. Eleventh Of suits for the collection of taxes, where the amount of the tax sued for does not exceed three hundred dollars. The jurisdiction conferred by this section shall not extend to a civil action in which the title to real estate or mining claims, or questions to boundaries of lands, are involved, or to actions to Jurisdiction. |