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CHAP. LXIV.-An Act to establish a standard of Weights and

Measures.

[Approved February 28, 1866.]

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

SECTION 1. There shall be but one standard of measure of Standard of weights and length and surface, one of weights, and one of measure of measures. capacity, throughout this State, which shall be in conformity with the standard of measure, length, surface and weights established by Congress.

measure.

SEC. 2. All measure used for measuring dry commodities Stricken not heaped shall be stricken with a straight stick or roller, and of the same diameter from end to end.

etc., how

SEC. 3. Contracts, hereafter to be executed, made within Contracts, this State, for any work to be done, or for anything to be sold, construed. delivered, done, or agreed for, by weight or measure, shall be taken and construed to be made according to the standard weight and measure thus ascertained.

Grain sold

SEC. 4. The hundred weight shall consist of one hundred Hundred weight and pounds, and twenty such weights shall constitute one ton. ton. SEC. 5. Whenever wheat, rye, Indian corn, barley, buckwheat, or oats, shall be sold by the bushel, and no special by the agreement shall be made by the parties, the bushel shall consist of sixty pounds of wheat, of fifty-four pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds of barley, of forty pounds of buckwheat, and thirty-two pounds of oats.

bushel.

State Sealer.

SEC. 6. It shall be the duty of the State Sealer to procure, Duty of at his own expense, a complete standard of weights and measures, in conformity with that established by Congress, which shall consist of a yard, a pound weight, a liquid gallon, a half bushel, and the usual subdivisions thereof. The said standards to be certified to by the weigher and measurer of the United States customs at San Francisco. The said standards to be kept in the office of the State Sealer and Weigher, who may issue certified duplicates to deputies, and all weights and measures used in this State for commercial purposes to be in conformity therewith, and to be marked with the brand C.

be certified

SEC. 7. It shall be the duty of all persons using any weights, Weights, etc. measures, or beams, by which any commodity of trade is required to weighed or measured, to have the same certified to as correct, to as correct, annually, by the State Sealer or his deputy; and any person annually. hereafter using any weights, measures, or beams, in weighing or measuring, not so certified to, he or she shall be liable to indictment therefor, and, upon conviction thereof, shall be fined in a sum not less than five hundred dollars.

SEC. 8. The State Sealer shall be entitled to fees after the Fees of following rate: For sealing and marking every beam, two dol. State Sealer. lars and fifty cents. For sealing and marking measures of extension, at the rate of one dollar per yard, not to exceed two dollars for any one measure. For sealing and marking every

Account of fees to be

kept.

Governor

shall appoint

weight, fifty cents. For sealing and marking liquid and dry measures, fifty cents each. He shall also be entitled to a reasonable compensation for labor in making such weights and measures conform to the standard established by this Act.

SEC. 9. It shall be the duty of the State Sealer to keep a correct account of all fees received by him, and to make a quarterly report thereof, and to pay to the State Treasurer ten per cent. of all fees collected.

SEC. 10. The Governor of the State shall appoint some perState Sealer. Son, a citizen of the State, as State Sealer, who shall hold his office for one year.

Deputies.

Oath and bond required.

SEC. 11. The Sealer shall have power to appoint such deputies as may be requisite, and shall be responsible for the faithful performance of all such persons' duties.

SEC. 12. The State Sealer, before entering upon the discharge of his duties, shall take the constitutional oath of office, and shall execute a bond to the State in the sum of five thousand dollars, conditioned for the faithful performance of his duties; the same to be filed with the Secretary of State, who shall approve said bond.

Commissioner to

prepare and

CHAP. LXV.—An Act appointing a Commissioner to Prepare and Report to the Legislature, at its next regular session, for its adoption, a Civil Practice Act.

[Approved March 1, 1866.]

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

SECTION 1. J. Neely Johnson is hereby appointed a Commissioner to prepare and report to the Legislature, at its next report Civil regular session, for its adoption, a Civil Practice Act, complete Practice Act. in all particulars, so far as practicable.

Ground

SEC. 2. The ground work of said Act shall be the Code of work of code. Civil Procedure now in force in the State of New York, and the Civil Practice Act of California.

Compensation.

Act to be transmitted to the

SEC. 3. The said Commissioner shall be allowed for his services, in preparing and reporting said Civil Practice Act, as herein before provided for, the sum of three thousand dollars, the same to be paid by the State Treasurer out of the general fund.

SEC. 4. The Practice Act, as herein before provided for, shall be transmitted to the Legislature of this State at the next sesLegislature. sion thereof, within the first week of its organization.

Secretary of State required to furnish

statutes and stationery.

Compen

SEC. 5. The Secretary of State is hereby authorized and directed to furnish said Commissioner a copy of the statutes adopted at each session of the Legislature of the Territory and State of Nevada; also, such amount of stationery as may be necessary for use in the preparation of such code.

SEC. 6. The sum of money herein before provided to be paid, gation, how to wit: three thousand dollars, shall be drawn in amounts

drawn.

as follows, to wit: five hundred dollars on the first days of April, June, August, October and December of the year 1866, and on the first day of February, 1867; provided, the same shall be allowed by the State Board of Examiners; and the Controller of State is hereby authorized to draw his warrants of the date and amount, as aforesaid, and the State Treasurer shall pay the same out of like funds as may be provided for the payment of all other State officers.

Proviso.

bond

SEC. 7. Within ten days after the passage of this Act, the Oath and Commissioner herein named shall take the oath of office pre- required. scribed by law, and shall furnish a bond, in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of his said office, and such bond shall be subject to the approval of the State Board of Examiners.

CHAP. LXVI.-An Act to provide for the Payment of the Claims created by the Warden of the State Prison in Recapturing Escaped Prisoners.

[Approved March 1, 1866.]

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

draw war

SECTION 1. The Controller of State is hereby authorized Controller and directed to draw his warrant on the Prison Fund, in favor directed to of J. S. Crosman, for the sum of nine hundred dollars, to reim- rant, etc. burse him for expenses incurred in looking for, and rewards paid by him for prisoners who escaped in the year 1865, and the State Treasurer is authorized and required to pay the same out of the Prison Fund.

CHAP. LXVII.-An Act to amend an Act relating to Wild Game and Fish, approved November 21, 1861; approved February 20, 1864.

[Approved March 1, 1866.]

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

SECTION 1. Section one of said Act is hereby amended so as to read as follows:

unlawful to

Section One. That it shall be unlawful to catch, or to at- When tempt to catch, fish in any of the lakes, rivers, creeks, streams or catch fish by waters within this State, from and after the first day of April, net, etc. in each year, up and to the first day of July, in each year, by means of any drag or drags, or any kind of a net, or any fish basket or pot, pond or weir, or by any poison, or by any deterious substance whatsoever, or by obstructing, in any manner, the natural transit of fish in any of the waters of this State.

Treasurer

set apart money

quarterly to

sation of

District
Judges.

Salary Fund.

CHAP. LXVIII.-An Act to provide a Fund for the Payment of the Salaries of the District Judges of this State, and to regulate the Disposition of the same.

[Approved March 1, 1866.]

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

SECTION 1. It shall be the duty of the County Treasurers of required to the county or counties composing the respective districts, and they are hereby directed and required, from the revenues of pay compen- the several counties respectively, to set apart quarterly a sufficient amount of money to pay the quarterly compensation, or such county's proportion of the quarterly compensation, of the several District Judges of this State, of and within the several districts respectively as apportioned by law. And the moneys, so set apart, as aforesaid, shall be and remain a special and exclusive fund, to be known in each county as the District Judges' Salary Fund. And it shall be the duty of the several County Auditors, and they are hereby directed and required, to draw their warrants upon such special fund upon the County Treasurers of the several counties, upon the first Mondays of April, July, October and January, of each year, in favor of each Treasurers District Judge of the said district, for such compensation; and it shall be the duty of the County Treasurer of each county, and he is hereby directed and required, to pay such warrants immediately upon the presentation thereof to him, from the moneys so set apart in said fund; and the moneys so set apart shall not be used or appropriated to any other fund, use or purpose.

Auditors required to draw warrants.

required to pay warrants.

Surplus to

be transferred to General Fund.

Proviso.

Act to

SEC. 2. Whenever there shall be in any of the treasuries of any of the counties, from any cause, a surplus of money in the special fund by this Act created, over and above a sufficient fund to pay the warrants named, as in this Act provided, it shall be the duty of the County Treasurer of such county to transfer such surplus money to the general fund, and use or disburse the same as required by the laws relating thereto; provided, that no portion of said surplus moneys shall go into the "Redemption Fund" of any county created for the purpose of paying the outstanding indebtedness of any county.

SEC. 3. This Act shall take effect on the first Tuesday after take effect. the first Monday in January, in the year one thousand eight hundred and sixty-seven.

CHAP. LXIX.—An Act concerning the Salary of Deputy Secretary of State.

[Approved March 1, 1866.]

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

SECTION 1. From and after the passage of this Act, the Dep- Salary. uty Secretary of State shall receive a salary of two hundred and fifty dollars per month, payable monthly.

and paid.

SEC. 2. The Controller of State shall, at the end of each Warrant, month, draw his warrant upon the State Treasury, in favor of when issued - said Deputy, for the amount of his compensation then due, and the State Treasurer shall pay the same out of any money in the State Treasury, not otherwise specially appropriated.

CHAP. LXX.-An Act to provide for Sales of Property for Delinquent Taxes.

[Approved March 1, 1866.]

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

Notices of

SECTION 1. Notices of sales of real property, and improvements, for delinquent taxes, shall be given by posting a notice, sale, how describing the property to be sold, and specifying the amount given. of the tax delinquency, and costs against the same, and the time and place of sale, at the court house door of the county in which the tax was assessed, for a term not less than twentyone days before such sale, and by posting a like notice in a conspicuous place upon one parcel of the property to be sold, of each owner; and where the owner resides in the county, by delivering to him a like notice, or if the owner does not reside in such county, a like notice shall be given to any tenant or occupant of such property, if such there be, and if there be none, then by publication, for the term of thirty days, in some newspaper published in the county nearest the location of the property where such tax is due; and no other notice shall be required of the sale of any property for delinquent taxes.

subject to redemption.

SEC. 2. All sales hereafter made, of property for delinquent When taxes levied and assessed thereon, under the laws of Nevada Territory, for the years 1862, 1863 and 1864, shall be sold, subject to redemption, as provided by the laws in force at the time the Constitution of this State took effect.

SEC. 3. It shall be the duty of the Treasurers of the sev- Duty of eral counties of this State to attend all sales of property, for Treasurer to delinquent taxes, and in case there shall be no bidders for any property. parcel or parcels of property offered for sale, to pay such tax

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