for altering mark, etc. Punishment shall convert to his own use, without the consent of the owner, any logs, timber, lumber or wood, in this State, shall forfeit, for the benefit of the School Fund, a sum not exceeding twentyfive dollars for each log, piece of lumber, timber or wood, the mark on which ho shall have so altered, cut out, defaced or destroyed, or which he shall have so converted to his own use aforesaid, and shall be liable to the party injured in treblo damages, the aforesaid forfeiture to be the basis or form the data from which to assess damages, such damages to be recovered before any court of competent jurisdiction; and such person shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months. Directors to elect certain SEC. 6. The Board of Directors, herein before provided for, officer may elect from their number a President, and appoint a Treasfill vacancies urer and Secretary, who shall give such bonds as the Board of Directors may require; and in case any vacancy shall occur in said Board, the remaining Directors may elect any member of said corporation to fill such vacancy, as Director, for the unexpired term, and until their successors are elected; and in case said annual election of Directors, from any cause, shall not be held at the time appointed, it shall be lawful to hold the same at any time thereafter, upon giving the notice herein before provided. Books and records to be open to SEC. 7. The books and records of the corporation shall be open to inspection by the members of the corporation, and inspection. such reports and statements shall be made and published from time to time as they may, by their by-laws, required [require]. SEC. 8. The right is hereby reserved to the Legislature of this State to alter, amend or repeal this Act, at any time when the same may be deemed expedient. Right reserved. Manner of and maintaining a ditch or flume. CHAP. C.-An Act to allow any person or persons to divert the [Approved March 3, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. Any person or persons desiring to construct and constructing maintain a ditch or flume, within any one or more of the counties of this State, shall make, sign and acknowledge, before some officer entitled to take acknowledgments of deeds, a certificate, specifying: First-The name by which the ditch or flume shall be known; and, Second-The names of the places which shall constitute the termini of said ditch or flume. Such certificate shall be accompanied with a plat of the proposed ditch or flume, and shall be recorded in the office of the County Recorder of the county or counties within or through which such ditch or flume is proposed to be located; and the record of such certificate and plat shall give constructive notice to all persons of the matters therein contained. The work of constructing such ditch or flume shall be commenced within thirty days of the time of making the certificate above mentioned, and shall be continued with all reasonable dispatch until completed. made. SEC. 2. Any person or persons proposing to construct a ditch Right to or flume, under the provisions of this Act, shall have the right enter upon private to enter upon private lands for the purpose of examining and lands, etc surveying the same; and where such lands cannot be obtained by the consent of the owner or owners thereof, so much of the same as may be necessary for the construction of said ditch or flume, may be appropriated by said person or persons, after making compensation therefor, as follows: Said person or per- Compensasons shall select one appraiser, and said owner or owners shall tion, how select one, and the two so selected shall select a third, and the three shall appraise the lands sought to be appropriated, after having been first sworn, before some officer entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and ability. If such person or persons shall tender to such owner or owners the appraised value of such lands, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and, provided further, that an appeal may be taken by either party from the finding of the appraisers to the District Appeal. Court of the district within which the lands so appraised shall be situated, at any time within ten days after such appraise ment. Proviso. Act, not to with prior right. apply to already SEC. 3. Nothing in this Act contained shall be so construed interfere as to interfere with any prior or existing claim or right. SEC. 4. This Act shall apply, and the rights and privileges herein conferred shall inure, to the benefit of all persons or cor- Act, to porations who have heretofore constructed, and now maintain, altches and ditches, flumes or aqueducts in this Stato, from whatever flumes source they may have procured water, such persons or corpora- constructed. tions being required to make and file the certificate mentioned in section one of this Act, and upon such filing, the party or parties filing the same shall be authorized, from time to time, to extend his or their ditch or flume, and proceed to condemn private property for such ditch or flume, or for any reservoir or reservoirs connected, or to be used in connection, with such ditch or flume, as provided in section second of this Act. 119096 Governor authorized to appoint Commissioner. Appropriation for CHAP. CI.-An Act to authorize the appointment of a Commissioner to represent the State of Nevada at the World's Fair, to be held in the city of Paris, in the year A. D. 1867. [Approved March 3, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. The Governor of the State of Nevada is hereby authorized and empowered to appoint a Commissioner to represent the State of Nevada, without cost, except as hereinafter provided, to represent the State of Nevada at the World's Fair, to be held in the city of Paris, France, in the year A. D. 1867. SEC. 2. The sum of two hundred and fifty dollars is hereby collection of appropriated out of the moneys in the Treasury, not otherwise specimens. appropriated, for the purposes herein set forth; and the Controller of State is hereby authorized, and required, to draw his warrant on the Treasurer for the said sum of two hundred and fifty dollars, to be expended in the collection of specimens and the forwarding of the same to Paris. Power to purchase and hold mining property. How exercised. CHAP. CII.-An Act concerning the powers of Corporations. [Approved March 3, 1866.] The People of the State of Nevada, represent [represented] in SECTION 1. All corporations for the purpose of mining, formed, or which may hereafter be formed, under the laws of the State of Nevada, or which were formed under the laws of the Territory of Nevada, shall have power to purchase and hold such mining property as they may deem meet. SEC. 2. The power to make such purchases by any corporation shall be exercised only by a majority, in interest, of all the stockholders in any such corporation, or by such person or persons as may, by such majority, be duly appointed to act in their stead. CHAP. CIII.-An Act supplementary to and amendatory of an [Approved March 3, 1866.] The People of the State of Nevada, represented in Senate and Redemption SECTION 1. Fifty per cent. of the Redemption Fund, pro- Fifty per vided for in the Act to which this is supplementary, shall be set cent of the apart and used exclusively for the redemption of city warrants, fund set bonds, or other legal evidence of city indebtedness, bearing in- apart. terest at the rate of two per cent. per month, or upwards; and in considering bids, under the provisions of this supplementary Act, the Board of Common Council (or Aldermen,) shall, in their discretion, decide which bid or bids are most advantageous, according to the rate of interest which the city warrants, bonds, or other legal evidence of city indebtedness, offered for redemption at any one time, respectively bear, and they shall accept the bid or bids which are, in their judgment, Accept the most advantageous; provided, that said bids shall in no case ex- most advanceed par value, including interest thereon. tageous bid. CHAP. CIV.—An Act in relation to the Salary of Governor, and [Approved March 3, 1866.] The People of the State of Nevada, represented in Senate and and Lieut. SECTION 1. The salary of the Governor of the State of Ne- Salary of vada from and after the first day of January, A. D. eighteen Governor hundred and sixty-seven, shall be six thousand dollars per an- Governor. num, payable quarterly. The salary of the Lieutenant-Governor shall be three thousand dollars, payable monthly, as compensation as Warden of the State Prison. Ex officio CHAP. CV.-An Act to amend an Act entitled "An Act to provide for Organizing and Disciplining the Militia of this State," approved March 4, 1865. [Approved March 3, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. Section two of "An Act to provide for organiGeneral, etc zing and disciplining the militia of this State," is amended so as to read as follows: Section Two. The Secretary of State shall be ex officio Adjutant-General, Commissary-General, Quarter-Master-General, Inspector-General and Chief of Ordnance. SEC. 2. This Act shall take effect and be in force from and after the first day of January, one thousand eight hundred and sixty-seven. Mining! established. CHAP. CVI.-An Act to provide for Establishing and Maintaining a Mining School, and create the office of State Mineralogist. [Approved March 9, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. There shall be established a mining school, which school to bo shall be a nucleus of the State University and a part thereof, as provided in the Constitution of this State, and shall be under the control of the Board of Regents of the same, consisting of the Governor, Secretary of State and Superintendent of Public Instruction, and their successors. Mineralogist to be SEC. 2. The Board of Regents shall, within twenty days after the passage of this Act, appoint a State Mineralogist, who appointed. shall be superintendent of said school, and he shall appoint such assistants as may be allowed by the Board of Regents. He shall hold his office during the term of office of the Board by whom he is appointed, and his assistants shall hold their respective offices during the pleasure of the State Mineralogist. Compensation to be fixed. SEC. 3. The Board of Regents shall fix the compensation of the State Mineralogist and his assistants, and subject to the provisions of this Act, shall prescribe his duties; but they shall not change his compensation during the term for which he is appointed, unless the office becomes vacant, when said Board shall appoint his successor for the unexpired term. The compensation of the State Mineralogist shall not exceed four thousand dollars per annum, and that of his assistants shall not exceed three thousand dollars per annum, each. |