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SEC. 78. Any person violating the provisions of sections sev- When may enty-five and seventy-six, (or either of them), of this Act, directly forfeit office. or indirectly, shall forfeit his office, and shall be punished by fine, not less than five hundred, nor more than five thousand dollars, or by imprisonment.

FIFTH-OF OFFICIAL DUTY.

SEC. 79. It shall be the duty of all civil and peace officers in this State to be vigilant in carrying the provisions of section forty, of the Act concerning crimes and punishments, approved November 26, 1861, into full force and effect; as well also as all grand juries, to inquire into, and make presentments of, each and every offense under said section, which shall come under or within their knowledge. It shall be, and is hereby made the duty of all Judges in this State to give said section in charge to the grand juries at each term of their respective Courts; and, also, to all trial juries, empanneled for the trial of any of the offenses mentioned in said section.

Duties.

SEC. 80. If any person who has been sentenced to confine- Reward. ment in the State Prison, by any Court having competent authority within this State, shall escape therefrom, or shall be charged with murder, or the perpetration of any crime punishable with death, the Governor is authorized and required, upon satisfactory evidence of the guilt of the accused, to offer a reward for his apprehension, which reward shall not exceed the sum of five thousand dollars, and shall be paid out of the general fund.

killing.

SEC. 81. If any officer in the execution of his office, in a Officer criminal case, having legal process, be resisted and assaulted, justified in he shall be justified if he kill the assailant. If any officer or private person attempt to take a person charged with felony, and he be resisted in the endeavor to take the person accused, and to prevent the escape of the accused, by reason of such resistance, he or she be killed, the officer or private person so killing shall be justified; provided, that such officer or private person, previous to such killing, shall have used all reasonable Proviso. efforts to take the accused without success, and that from all probability there was no prospect of being able to prevent injury from such resistance and the consequent escape of such

person.

SEC. 82. The mayor or other officer having the direction of Mayor to order police the police in a city, town or village, shall order a force sufficient force. to keep the peace, to attend any public meeting, when he is satisfied that a breach of the peace is to be apprehended.

assistance

resistance is

SEC. 83. When a Sheriff, or other public officer authorized officer may to execute process, shall find, or have reason to apprehend that command resistance will be made to the execution of his process, he may when command as many male inhabitants of his county as he may apprehended think proper, and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting and confining the resisters and their aiders and abettors to be punished according to law.

Officer to certify to

SEC. 84. The officer shall certify to the Court from which the process issued, the names of the resisters and their aiders the names of and abettors, to the end that they be proceeded against for their

the Court

registers.

Persons

refusing to obey officer.

Governor may order military

force.

Riotous

contempt of Court.

SEC. 85. Every person commanded by a public officer to assist him in the execution of process, as provided in section eighty-three, who shall, without lawful cause, refuse or neglect to obey the command, shall be deemed guilty of a misdemeanor and shall be punished accordingly.

SEC. 86. If it appear to the Governor that the power of any county is not sufficient to enable the Sheriff to execute process delivered to him, he shall, on the application of the Sheriff, order such military force from any other county or counties as shall be necessary.

SEC. 87. When six or more persons, whether armed or not, assemblage. shall be unlawfully or riotously assembled in any city or town, the Sheriff of the county and his deputies, the Mayor and Aldermen of the city, or the Constable of the town, and the Justices of the Peace, shall go among the persons so assembled, or as near as possible, and shall command them in the name of the people of the United States and the State of Nevada, immediately to disperse.

May be arrested.

Persons neglecting to aid

SEC. 88. If the persons assembled do not immediately disperse, the magistrates and officers shall arrest them, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county.

SEC. 89. If a person so commanded to aid the magistrates or officers, neglect or refuse to do so, he shall be deemed guilty magistrate. of a misdemeanor, and shall be punished accordingly.

Officer refusing to

use

SEC. 90. If a magistrate or officer, having notice of an unlawful or riotous assembly, as provided in section eighty-seven, neglect or refuse to proceed to the place of assembly, or as near authority to thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same, and arresting the offenders, he shall be deemed guilty of a misdemeanor, and shall be punished accordingly.

suppress

riot.

Officer may command

aid.

Armed force
to obey
order of
officer.

Officers may

call out

troops.

SEC. 91. If the persons so assembled, and commanded to disperse, do not immediately disperse, any magistrate or officer before mentioned, may command the aid of a sufficient number of persons, and proceed in such manner as in his judgment is necessary to disperse the assembly and arrest the offenders.

SEC. 92. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, it shall obey such orders in relation thereto as may have been made by the Governor, or by a Judge of a court of record, or the Sheriff of the county, or by a magistrate, or any other officer authorized by law to make such order.

SEC. 93. When there is an unlawful or riotous assembly, with the intent to commit a felony, or to offer violence to person or property, or to resist, by force, the laws of the State, and the fact is made to appear to the Governor, or to a Judge of the District Court, or to the Sheriff of the county, either of those officers may issue and [an] order, directed to the commanding officer of a division, brigade, regiment, battalion or company, to order his command, or any part thereof, (de

scribing the kind and number of troops) to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws.

obey orders.

SEC. 94. The commanding officer to whom the order is given, Commandshall forthwith obey the same, and the troops so required shall ing officer to appear at the time and place appointed, armed and equipped with ammunition as per inspection, and shall execute any order that they shall then and there receive, according to law.

Governor

may declare

insurrection.

SEC. 95. When the Governor shall be satisfied that the exe- When cution of civil or criminal process has been forcibly resisted in any county, by bodies of men, or that combinations to resist county in the execution or process by force, exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer, or of the District Attorney, or District Judge of the county, by proclamation, to be published in such papers as he shall direct, declare the county to be in a state of insurrection, and may order into the service of the State such number and description of volunteers, or uniformed companies, or other militia of the State, as he shall deem necessary, to serve for such term, and under the command of such officers, as he shall direct.

SEC. 96. The Governor may, when he shall think proper, May revoke revoke the proclamation authorized by the last section, or de- proclaclare that it shall cease at such time and in such manner as he

shall direct.

mation.

SEC. 97. It shall, in all cases, be the duty of all officers who Auditing may be called upon to audit and allow the accounts of either accounts. State, county, city or town officers, to take and file an affidavit of said officers that they have not violated any of the provisions of this Act, and for that purpose all officers authorized by law to audit and allow accounts, are hereby empowered and required to administer oaths or affirmations, which shall have the same force and validity in all actions for perjury, as if administered by a judicial officer.

may refuse

warrant.

SEC. 98. It shall be the duty of the State Treasurer, and the when several county, city or town corporation treasurers of the State Treasurers to refuse to redeem any warrants, scrip, orders or other evi- to redeem dence of indebtedness against the State, or any county, city or town corporation thereof, whenever it shall come to their knowledge that such warrants, scrip, or other evidence of indebtedness have been purchased, sold, received or transferred in violation of any of the provisions of this Act.

May sell

for services

SEC. 99. All public officers referred to in any of the sections of this Act, shall have the right to sell or transfer any evidence indebtedness of public indebtedness which may be issued according to law, rendered. for services rendered by them to the State, county, city or town corporation, legally and justly due, and this Act shall not be deemed to prevent the purchase, sale or transfer of any funded public indebtedness whatever of the State, or of any county, city or town corporation.

settlement

SEC. 100. It shall be the duty of any officer charged with officer to the disbursement of any public moneys, or any evidence of withhold public indebtedness, when he shall be informed by affidavit of or payment. the violation of any of the provisions of this Act, by any offi

Acts

repealed.

cer whose account is to be settled, audited or paid by him, to withhold any settlement or payment of the same and to cause said officer to be prosecuted as for a felony, as provided in the foregoing sections of this Act.

SEC. 101. The Act entitled "An Act creating offices in the Territory of Nevada," approved November 29, 1861; the Act entitled "An Act to prevent certain officers from dealing in certain securities," approved December 20, 1862, and all other Acts, or parts of Acts, in conflict with this Act, are hereby repealed.

Power

granted to issue and dispose of bonds.

May borrow money.

May lease road.

CHAP. CIX.-An Act to amend an Act entitled "An Act to provide for the Incorporation of Railroad Companies and the Management of the Affairs thereof, and other Matters relating thereto," approved March 22, 1865.

[Approved March 9, 1866.]

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

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

Section Fifteen. The Board of Directors of such company shall have power, with the concurrence of not less than two thirds of the members thereof, to issue and dispose of the bonds of such company, in denominations of not less than five hundred dollars, and at a rate of interest not exceeding ten per cent. per annum, payable at a period not exceeding thirty years from the date thereof, and to such an amount as may be necessary for the construction, repair and equipment of its railroad, and the payment of any contracts, debts or liabilities of such company, but not exceeding in all the amount of its capital stock; and to secure the payment of such bonds, they may mortgage the corporate property and franchises and the income of the railroad of such company, and may also confer on the holders of such bonds the right to convert the same into the capital stock of such company, at such time and upon such terms as the Board of Directors may impose. The Board of Directors of such company shall also have power to borrow, from time to time, upon collateral securities, or on the credit of the corporation, upon its promissory notes or other written obligations, and under such regulations or instructions as two thirds of the Board of Directors may impose, such sums of money as they may deem necessary for the construction, repair or equipment of their railroad, or to pay the contracts, debts or liabilities of such company, to an amount not exceeding, at any time, twenty-five per cent. of the capital stock of such company. Said Board of Directors shall also have power to lease the whole, or any portion of, their road to any other railroad corporation, for such term of years as they may deem proper, or to grant to

any such corporation the right to use in common any portion of their road.

SEC. 2. Section fifty seven of said Act is hereby amended so as to read as follows:

Gauge and

Section Fifty-Seven. All railroads built by companies incorporated under the provisions of this Act, shall be constructed kind of rail with tracks of the uniform width or gauge of four feet and to be used. eight and one half inches, with the best quality of iron rail, known as "T" rail and "H" rail, or other patterns of equal utility; provided, the provisions of this section shall not apply to tracks laid down in the streets of incorporated cities or

towns.

Proviso.

CHAP. CX.-An Act to provide for the Reduction of the Number of District Judges in the First Judicial District of the State of Nevada, and for other purposes.

[Approved March 9, 1866.]

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

Judge of

SECTION 1. After the expiration of the present term of office there shall be but one District Judge for the First Judi- First District cial District of this State.

Time of

SEC. 2. At the general election to be held in this State on the Tuesday next after the first Monday of November, 1866, election and and at the general election every four years thereafter, there term of office shall be elected, in the First Judicial District, but one District Judge, who shall hold his office for the term of four years, and until his successor is elected and qualified. The salary of such Judge shall be seven thousand dollars a year, payable quarterly, in the manner provided by law.

Salary.

business does

SEC. 3. In case the amount of judicial business of the First Procedure Judicial District shall become such as, in the opinion of the when Board of County Commissioners of Storey county, not to re- not require quire the services of the three Judges now holding office three Judges therein, and one or more of said Judges shall be willing to resign his office, it shall be lawful for the Board of County Commissioners of said county, upon the resignation of one or more, not exceeding two, of said Judges, to audit, and for the County Treasurer of said county to pay to such Judge or Judges so resigning, out of the Judges' Salary Fund of Storey county, a sum equal to fifty per cent. of the amount to which such Judge or Judges would be entitled to receive, in case he or they should continue in office until the expiration of their present

term.

made in case

SEC. 4. In case one or more, not exceeding two, of the pres- No appointent Judges of the First Judicial District, shall resign his or ment to be their office, no appointment shall be made to fill the vacancy of vacancy. occasioned thereby.

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