May construct line over public or private SEC. 3. The person or persons, company, association or corporation named in the certificate (provided for in section two), and their assigns, may construct, or if constructed, maintain, or if fands, etc. partially constructed, complete and maintain, their line of telegraph, described in their certificate, filed as aforesaid, over and through any public or private lands, and along or across any streets, alleys, roads, highways or streams within this State; provided, they do not obstruct the same; and may operate the said telegraph line between the termini of the same, and have and maintain offices and stations at any city, town, place or point along said line, and shall be entitled to demand, receive and collect for dispatches and messages transmitted over such line such sum or sums as he, she, they, or the officers of the company, association or corporation (as the case may be) may deem proper. Proviso. Rates to be posted at each office. Misdemeanor. Lines to be general laws of State. SEC. 4. The rates of charges so established shall be written, painted or printed, in a plain and legible manner, and posted in each office on such line; and if any person or persons, company, association or corporation, who shall construct, put in operation, and maintain any line of telegraph, shall demand or collect any higher or greater rates of charges than those specified and so posted, he, she or they, or the officers or agents of the company, association or corporation so doing, shall be deemed guilty of a misdemeanor, and on conviction thereof, before any court of competent jurisdiction shall, for each offense, be punished, by fine, in any sum not exceeding one thousand, nor less than one hundred, dollars, and in default of payment of such fine, may, in the discretion of the court, be committed to the county jail until such fine be paid; one half of all such fines shall go to the informer, and one half to the School Fund of the county in which such prosecution is had, but in no case shall the county be responsible for the costs in any such prosecution. SEC. 5. Such line or lines of telegraph as may avail themgoverned by selves of the provisions of this Act, shall also be governed, in all respects, by the general laws of the State regulating telegraph lines; do the business of side lines, and transmit all dispatches in the order in which they are received, under the penalty of one hundred dollars, and all damages sustained thereby, to be recovered, with costs of suit, by the person or persons whose dispatch is postponed out of its order; provided, that arrangements may be made with publishers of newspapers for the transmission of intelligence of general and public interest out of its order; and, provided further, that preference may be given to official dispatches, for the detection and capture of criminals; messages on public business may be sent by the State of Nevada over such lines free of charge. Proviso. Right of way. SEC. 6. Any person or persons, company, association or corporation or their assigns, who are constructing, or who have already constructed, or who may propose to construct a line of telegraph, as provided in this Act, shall have the right of way for the same, and so much land as may be necessary to construct and maintain such line, and for this purpose may enter upon private lands along the line described in the certificate, for the purpose of examining and surveying the same, and where such appraised lands cannot be obtained by the consent of the owner or owners, possessor or possessors thereof, so much of the same as may be necessary for the construction of said line, may be appropriated by said person or persons, company, association, corporation, or their assigns (as the case may be), after making compensation therefor, as follows, to-wit: Said person or persons, com- Appraisers. pany, association, corporation or the president or managing agent thereof, shall select one appraiser, and said owner or owners, possessor or possessors, shall 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 authorized by law to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and belief. If such person or persons, company, association, cor- Tender of poration or its agent, shall tender to such owner or owners, value. possessor or possessors, the appraised value of such lands, appraised as aforesaid, he, she or they, or the agent, officers or employes of such company, association or corporation, shall be entitled to proceed in the construction, or if constructed, in the use of the line over the land so appraised, and may maintain said line over and upon said land, and at all times enter upon the same and pass over all adjoining lands, for the purpose of constructing, maintaining and repairing said telegraph line, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons, company, association, corporation, or its agent; and, provided further, that an appeal may be taken by either party, from the Appeal may finding of the appraisers, to the district court of the district within which the land so appraised shall be situated, at any time within three months after such appraisement. Proviso. be taken. keep lines in forfeiture of SEC. 7. The owner or owners of any line or lines, constructed Failure to and maintained under, or availing himself, or themselves, or repair, to itself, of the provisions of this Act, shall at all times keep the work same in as good condition and repair as may be practicable; franchise. and if such owner or owners shall fail to keep the same in such condition and repair, such failure shall work a forfeiture of all rights, privileges and franchise belonging to such owner or owners, or any person having any interest therein. Such franchise may be also declared forfeited on information in the nature Quo warof a quo warranto, in the manner provided by law. ranto. Number of Public to be CHAP. XVIII.-An Act to amend section one of an Act to amend an Act, passed by the Legislative Assembly of the Territory of Nevada, entitled "An Act to provide for the Appointment of Notaries and defining their duties, approved February 9, 1864," approved March 20, 1865. [Approved February 9, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. Section one of an Act passed by the Legislature of the State of Nevada, entitled "An Act to amend an Act appointed. passed by the Legislative Assembly of the Territory of Nevada, entitled An Act to provide for the appointment of Notaries Public and defining their duties,' approved February ninth, one thousand eight hundred and sixty-four," approved March twentieth, one thousand eight hundred and sixty-five, is hereby amended so as to read as follows: Proviso. Section One. Section one of an Act passed by the Legislative Assembly of the Territory of Nevada, entitled "An Act to provide for the appointment of Notaries Public and defining their duties," approved February ninth, one thousand eight hundred and sixty-four, is hereby amended so as to read as follows: Section One. The Governor is hereby authorized to appoint and commission Notaries Public, in the several counties in this State, as follows: For Storey county, twelve; Lander county, sixteen; Nye county, twelve; Churchill county, four; Esmeralda county, five; Ormsby county, four; Humboldt county, twelve; Washoe county, six; Douglas county, three; Lyon county, eight; Roop county, two; and for any new county hereafter created, six; who shall hold office for the term of two years; provided, the Governor may at any time, for cause, revoke the commission of any Notary Public appointed under the provisions of this Act. Taxes levied to create a erection of CHAP. XIX.—An Act to legalize the levy and collection of Taxes for the Purchase or Erection of County Buildings in the several counties of this State, and to provide for the disposition thereof. [Approved February 9, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. That all levies and assessments of taxes, levied fund for the in any county of this State, for the fiscal year A. D. 1865, to create a fund for the purchase or erection of buildings for county purposes, are hereby legalized and declared valid; and county buildings, legalized. all moneys heretofore collected, or that may hereafter be collected, for such fund, on the assessment roll for said year, shall be set apart as a building fund, to be employed and used for the purchase or erection of county buildings, as may be hereafter provided by law, and for no other purpose, any law now in force to the contrary notwitsthanding. CHAP. XX.-An Act to secure Liens to Ranchmen and other persons. [Approved February 14, 1866.] The People of the State of Nevada, represented in Senate and on SECTION 1. Any ranchman, or other person or persons, keep- To have ing corrals, livery or feed stables, or furnishing hay, grain, pas- lnimals for ture, or otherwise boarding any horse or horses, mule or mules, pasture, etc. ox or oxen, or other animal or animals, shall have a lien upon and retain possession of the same, or a sufficient number thereof, until all reasonable charges are paid, or suit can be brought and judgment obtained for the amount of such charges, and execution issued and levied on said property; provided, Proviso. nothing in this Act shall be so construed as to include any debt other than for the boarding, keeping or pasture of such animal or animals, together with costs of suit and sale. Sales of such animal or animals shall be made as other sales of personal property under execution. The officer making such sale shall Fees. be entitled to such fees for his services as are allowed by law in cases of other sales of personal property. Sales. owner, etc. SEC. 2. After paying all charges, together with costs of suit Remainder and sale, the remainder, if there be any, shall be paid to the to be paid to owner or owners of such animal or animals, or in case such owner or owners is or are out of the State, or cannot be found, to the Justice of the Peace before whom, or the clerk of the court in which judgment is rendered. If said money is not when to be called for by the owner or owners thereof, within six months, County said Justice or Clerk shall pay the same to the County Treasurer of his county, for school purposes. paid to the Treasurer. away without SEC. 3. Any person or persons who shall take and drive Penalty for away any such animal or animals, while in the possession of driving such ranchman or person boarding the same, without having animals first paid all reasonable charges due thereon, and against the paying consent of such ranchman or other person, shall be deemed charges. guilty of a misdemeanor; and, upon conviction thereof, in any court having jurisdiction of the same, shall be fined in any sum not exceeding the value of the stock so taken or driven away, nor less than fifty dollars; provided, that nothing herein con- Proviso. tained shall be so construed as to release the owner or owners of said property from the amount of any lien there may be due thereon, under and by virtue of this Act. Bulkhead authorized to be CHAP. XXI.-An Act authorizing the citizens of Churchill county to construct a Bulkhead in what is known as Old River, at or near its junction with the main Carson River. [Approved February 14, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. The citizens of Churchill county are hereby authorized to construct a bulkhead in what is known as Old constructed. River, at or near its junction with the main Carson River, for the purpose of protecting the agricultural lands along the banks of Old River from overflow, and to secure to the citizens of the Upper and Lower Sinks of the Carson River the surplus water, and that the waters of said river may be equitably distributed over and through said lands. Board of be elected, etc. SEC. 2. For the purpose of carrying out the provisions of Trustees to this Act, the citizens owning lands on either of the branches or sinks of said river, as aforesaid, shall, on the first Monday of April, A. D. eighteen hundred and sixty-six, elect, by ballot, in the same manner as county and township officers are elected, a Board of Trustees, who shall have the control of the erection of said bulkhead, and the distribution of the water, when so erected. Said election shall be called by posting a notice of election, at least ten days before the election, in each election precinct, and signed by two or more of said property holders. Said trustees shall hold their office until the next general election, and until their successors are elected and qualified. District Attorney not to CHAP. XXII.-An Act relating to District Attorneys. [Approved February 15, 1866.] The People of the State of Nevada, represented in Senate and SECTION 1. In all tax suits, for any sum less than three receive fees, hundred dollars, brought, or now pending, in the several District Courts of this State, the District or Prosecuting Attorney shall receive no fee, per centage, or compensation whatever. etc., in certain tax suits. Repeal. SEC. 2. All Acts, and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. |