Paid from Road Fund. 471. SEC. 4. When a compensation is given it shall be paid to the Road Inspector from the road fund of the district in and for which any services by him are performed. Compensation Fixed by Board of County Commissioners. 472. SEC. 5. Such compensation shall be a daily wage and shall not exceed the limit especially prescribed by law for that county; and shall be fixed by the Board of County Commissioners before the appointment of the Road Inspector or Inspectors who are to receive it. The compensation so fixed shall be in full for all services and expenses of all kinds of said Road Inspector or Inspectors. Compensation of Road Laborers and Teams. 473. SEC. 6. Compensation to others than the Road Inspector shall be: Not to exceed three dollars for a day's work on the public roads by one man, or not to exceed four dollars, by one man and span of two draft animals, and one dollar additional for each such additional span. The person so compensated shall, without additional charge, furnish such tools, implements, vehicle, etc., as may be necessary in his work. Day's Work. 474. SEC. 7. A day's work on the public roads shall consist of at least eight hours actual labor, exclusive of the time spent in going to and returning from the work, and in no case shall pay be given for more than one day's time between sunrise and sunset of the same day, to or for the same person. Elko County Rate. 475. SEC. 8. The rate of compensation for Road Inspector for the county of Elko shall not exceed the sum of two dollars per day for each day actually, necessarily, and economically employed. An Act entitled an Act in relation to public highways. Road Districts, How Created-District to Remain Until Disorganized. 476. SECTION 1. Whenever a majority of the taxpayers of any township or townships in any county of this state, whose names shall appear on the last previous assessment roll, shall petition the Board of County Commissioners of such county to divide such township or townships into a road district, or road districts, it shall be the duty of said County Commissioners to so divide such township or townships, and to create such road district or districts (fixing the boundaries thereof and having the same recorded). * * * When such road district or districts shall once be created they shall remain the same, and have the rights and be subject to the duties herein given and imposed, until a majority of the taxpayers of such district shall petition the Board of County Commissioners of the county to disorganize the same, when it shall be the duty of such board to disorganize said district. As amended, Stats. 1877, 141. Transfer of Moneys from Road Fund to School Fund, When to Be Made. 477. SEC. 5. All moneys remaining in the road fund belonging to any road district at the end of every year, or belonging to any district that may disorganize, as provided by this Act, may, on petition of a majority of the taxpayers therein, be applied by the County Commissioners to the building of any bridge or special improvement of any highway in said district, or the county in which said district is situated, or upon such petition said moneys may be transferred to the school fund, and applied to the public school or schools of said district. Road Fund, How Created and Maintained-Tax May Be Levied-Tax May Be Worked Out. 478. SEC. 8. To create a road fund for the district[s] hereby authorized to be created, the said County Commissioners are required to set off to said fund the net proceeds of the county's proportion of all poll taxes collected from citizens residing in such road district; also, when they deem it expedient, they may levy a property tax not to exceed one-fourth of one per cent on all the property of the county, annually, to be levied, assessed, and collected as other taxes, and assigned by them to the funds of the several road districts, as they may deem for the best interest of the county; also, when a majority of the property holders of any road district shall petition to the County Commissioners in favor of an additional special tax for the benefit of such district, the Commissioners shall levy a tax on all property within such district, at a rate not to exceed three dollars upon each one thousand dollars valuation, which tax shall be collected by the Road Supervisors, as hereinafter provided, and paid into the treasury for the road fund of such district; provided, that any person owing the last named property tax, may pay a part or all of the same by labor on the roads of the district, under the direction of the Supervisor thereof, at the rate of three dollars for each full day's work and implements of labor, four dollars per day for each team of two animals, and one dollar per day for each additional animal. As amended, Stats. 1877, 142. Petition to Open Roads-Board of Commissioners and Owners May Select Viewers-Parties Aggrieved May Commence Action. 479. SEC. 10. At any time when a majority of the resident taxpayers of a road district, according to the last previous assessment roll, shall petition the County Commissioners of their counties, for the location, opening for public use, establishment, change or vacation of any public road or highway, or road to connect with any highway heretofore established, any street or alley in any unincorporated town in such county, setting forth in such petition the beginning, course and termination of such road, or highway, street or alley proposed to be located and opened for public use, established, changed or vacated, together with the names of the owner or owners of the land through which the same will pass, said petition may be presented to the County Clerk of said county, and the Clerk shall lay said petition before the Board of County Commissioners, at their next meeting after the reception of said petition, and thereupon said Board of Commissioners shall, within thirty days thereafter, proceed to locate, open to public use, establish, change or vacate such road, highway, street or alley. Before opening any new road, street or alley, or changing same through private property, such property shall be condemned for public use as follows: The Board of County Commissioners shall appoint one disinterested person, and the owners or agents of the land through which said highway may run, shall select one such person; and the two shall proceed to view out such road, street or alley, and shall ascertain and make estimates of damages done to any property through which it may be located, changed or vacated, after deducting any advantages arising from such location, change or vacation of such road, street or alley, to the owner or owners of such property; provided, if the owner or owners shall refuse or neglect, for a period of ten days after receiving notice from said board of its said appointment, to appoint such person on their part, it shall be the duty of said board to appoint such person for them; and provided further, that if there shall be more than one owner of land through which said highway may run they shall unite in such appointments. If the two viewers cannot agree as to such damages, then they shall choose a third person, and the three persons so selected as viewers shall be authorized to administer oaths, compel the attendance of witnesses before them as road viewers, and their decision in the matter shall be final; and provided further, that said viewers shall take an oath prior to entering upon the discharge of their duties, before some person authorized to administer oaths, to faithfully discharge the duties of their trust in accordance with the provisions of this Act; and prorided further, that the parties aggrieved by the decision of such road viewers may commence action in the district court within twenty days from the date of such decision to set aside their award; and upon the final award and decision of such damages, the Board of County Commissioners shall order the Road Supervisor of the district to open, establish, change or vacate, as the case may be, such road, street or alley, according to the petition aforesaid; provided, that in no case shall the Commissioners cause any road or street to be opened where the same shall run diagonally through any lands or lot, so as to greatly impair it in shape, or through an orchard four years old, without the consent of the owner or owners thereof; and in all cases they shall follow legal subdivisional lines of the government surveys or of town plats, where the same is practicable. As amended, Stats. 1895, 35. For condemnation of property, see Secs. 3918-3930. Width of Roads. 480. SEC. 11. The width of all public highways hereafter constructed shall be regulated and established by the Boards of County Commissioners; provided, no such highways shall exceed in width sixty feet. As amended, Stats. 1877, 143. The omitted sections and portions of sections are rendered void by the following Act of 1887, 99: An Act to abolish the office of Road Supervisor. Road Supervisor Abolished. Approved March 2, 1887, 99. 481. SECTION 1. The office of Road Supervisor, created by an Act of the legislature entitled an Act entitled "An Act in relation to public highways," approved March fifteenth, eighteen hundred and seventy-five; and the amendatory Act thereof entitled "An Act to amend an Act in relation to highways," approved March fifteenth, eighteen hundred and seventy-five; approved March second, eighteen hundred and seventy-five, is hereby abolished. DOMESTIC RELATIONS. An Act relating to marriage and divorce. Marriage a Civil Contract. Approved November 28, 1861, 94. 482. SECTION 1. That marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting, is essential. Legal Age-Consanguinity-Consent of Parents. 483. SEC. 2. Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage; provided, always, that male persons under the age of twenty-one years, and female persons under the age of eighteen years, shall first obtain the consent of their fathers, respectively, or in case of the death or incapacity of their fathers, then of their mothers or guardians; and provided, further, that nothing in this Act shall be construed so as to make the issue of any marriage illegitimate if the person or persons shall not be of lawful age. As amended, Stats. 1867, 88; 1891, 15. MARRIAGEABLE AGE-ISSUE OF MARRIAGE OF PERSONS NOT OF LAWFUL AGE LEGITIMATE. SEC. 3 repealed, Stats. 1867, 89. Who May Perform Service-Minister to Have License. 484. SEC. 4. It shall be lawful for any ordained minister of any religious society or congregation within this state who has or hereafter may obtain a license for that purpose, as hereinafter provided, or for any Judge of a district court in his district, or Justice of the Peace in his county, to join together as husband and wife all persons not prohibited by this Act; provided, that the persons herein authorized to perform said marriage ceremony shall first receive the license previously issued, as hereinafter provided, to the persons wishing to be married. Any minister of the gospel, upon producing to the district court of any county, or district within this state, credentials of his being a regularly ordained minister of any religious society or congregation, shall be entitled to receive from said court a license authorizing him to solemnize marriages within this state so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister licensed to solemnize marriages as aforesaid to produce to the County Clerk in every county in which he shall solemnize any marriage, his license so obtained, and the said Clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within this state, and shall note the court from which such license issued, for which service no charge shall be made by such Clerk. The record so made, or the certificate thereof by the said Clerk under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages. As amended, Stats. 1867, 88; 1899, 47. COMMON LAW MARRIAGE BY CONTRACT per verba de praesenti. Held, valid and binding. State v. Zichfeld, 23 Nev. 304. Marriage License-County Clerk to Grant-Fee of Clerk and Recorder. 485. SEC. 5. Previous to persons being joined in marriage, a license shall be obtained for that purpose from the County Clerk of the county where the persons, or one of them, intending to be married, reside (or in case the persons intending to be married do not reside in this state, then from any County Clerk in the state). The County Clerk may inquire of the party applying for marriage license upon oath or affirmation relative to the legality of such contemplated marriage; and if the Clerk shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license, and if any of the persons intending to marry shall be under age, and shall not have been previously married, the consent of the parent or guardian shall be personally given before the Clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said Clerk and make oath that he saw the parent or guardian, whose name is annexed to such certificate subscribed, or heard him or her acknowledge the same, whereupon the Clerk is authorized to issue and sign such license, affixing thereto the seal of the county. The Clerk shall be entitled to receive as his fee for issuing the license the sum of one dollar, and if any Clerk shall in any other manner issue or sign any marriage license, he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved. The Clerk shall also at the time of issuing such license collect the sum of one dollar and pay the same over to the County Recorder as his fee for recording the certificate named in section eight. As amended, Stats. 1867, 89; 1899, 48. Solemnization. 486. SEC. 6. In the solemnization of marriage, no particular form shall be required, except that the parties shall declare, in the presence of the Judge, minister, or magistrate, and the attending witnesses, that they take each other as husband and wife; and in every case there shall be at least two witnesses present, besides the person performing the ceremony. Marriage Certificate. 487. SEC. 7. When a marriage shall have been solemnized the persons solemnizing the same shall give to each of the parties, if required, a certificate commence action in the district court within twenty days from the date of such decision to set aside their award; and upon the final award and decision of such damages, the Board of County Commissioners shall order the Road Supervisor of the district to open, establish, change or vacate, as the case may be, such road, street or alley, according to the petition aforesaid; provided, that in no case shall the Commissioners cause any road or street to be opened where the same shall run diagonally through any lands or lot, so as to greatly impair it in shape, or through an orchard four years old, without the consent of the owner or owners thereof; and in all cases they shall follow legal subdivisional lines of the government surveys or of town plats, where the same is practicable. As amended, Stats. 1895, 35. For condemnation of property, see Secs. 3918–3930. Width of Roads. 480. SEC. 11. The width of all public highways hereafter constructed shall be regulated and established by the Boards of County Commissioners; provided, no such highways shall exceed in width sixty feet. As amended, Stats. 1877, 143. The omitted sections and portions of sections are rendered void by the following Act of 1887, 99: An Act to abolish the office of Road Supervisor. Road Supervisor Abolished. Approved March 2, 1887, 99. 481. SECTION 1. The office of Road Supervisor, created by an Act of the legislature entitled an Act entitled "An Act in relation to public highways," approved March fifteenth, eighteen hundred and seventy-five; and the amendatory Act thereof entitled "An Act to amend an Act in relation to highways," approved March fifteenth, eighteen hundred and seventy-five; approved March second, eighteen hundred and seventy-five, is hereby abolished. DOMESTIC RELATIONS. An Act relating to marriage and divorce. Marriage a Civil Contract. 482. Approved November 28, 1861, 94. SECTION 1. That marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting, is essential. Legal Age-Consanguinity-Consent of Parents. 483. SEC. 2. Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage; provided, always, that male persons under the age of twenty-one years, and female persons under the age of eighteen years, shall first obtain the consent of their fathers, respectively, or in case of the death or incapacity of their fathers, then of their mothers or guardians; and provided, further, that nothing in this Act shall be construed so as to make the issue of any marriage illegitimate if the person or persons shall not be of lawful age. As amended, Stats. 1867, 88; 1891, 15. MARRIAGEABLE AGE-ISSUE OF MARRIAGE OF PERSONS NOT OF LAWFUL AGE LEGITIMATE. SEC. 3 repealed, Stats. 1867, 89. |