prima facie evidence of sale, as if such conveyances had been made by deed under seal. SEC. 3. The location and transfers of mining claims hereto- How proved. fore made, shall be established and proved, in contestation before Courts, by the local rules, regulations, or customs of the miners in the several mining districts of the Territory in which such location and transfers were made. SEC. 4. This Act shall take effect from and after its passage. CHAP. XV.-An Act for the Relief of Purchasers at Sales of Real [Approved December 12, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: deeds on Sheriff. SECTION 1. Where lands, or any estate or interest therein, Other officers have been or may hereafter be sold, by a Sheriff or Constable, may make or other authorized officer, for taxes, or under an execution or death or order of sale, and the purchaser or his assigns may be entitled absence of to a deed, and the Sheriff or other officer who made the sale shall have died, or shall be absent from the Territory, or in any way disqualified, it shall be lawful for the successor of the said Sheriff or Constable, or other officer, to make such deed to such purchaser, his assignee or assignees, in the same manner and with the same effect as if made by the officer making the sale. SEC. 2. Such deeds, so made as aforesaid, shall have the same force and effect as evidence as if made by the officer making such sale. SEC. 3. This Act shall take effect from and after its passage. CHAP. XVI.-An Act to prevent the Trespassing of Animals vate Property. [Approved December 12, 1862.] upon Pri Be it enacted, by the Governor and Legislative Assembly of the Terri tory of Nevada, as follows: SECTION 1. If any horse, mule, jack, jenny, hog, sheep, goat, or any Liability head of neat cattle, shall break into any grounds inclosed of owner. by a lawful fence, the owner or manager of such animal shall be liable to the owner of such inclosed premises for all damages sustained by such trespass; and if the trespass be repeated by neglect of the owner or manager of said animals, he shall for the second and every subsequent offence or trespass be subject Taker-up not to injure animals. Lands cultivated by two or more under one inclosure. to double the damages of such trespass to the owner of said premises. SEC. 2. If any owner or occupier of any grounds or crops trespassed upon, provided said ground be inclosed within a fence, by animals entering upon or breaking into his or their grounds, whether inclosed by a lawful fence or not, shall kill, maim, or materially injure the animal or animals so trespassing, he, she, or they shall be liable to the owner of such stock for all damages, and for the costs accruing from a suit for such damages, when necessarily resorted to for their recovery; provided, the owner or occupier of such grounds or crops, so damaged and trespassed upon, may take up and safely keep, at the expense of the owner or owners thereof, after due notice to said owners, if known, such animals, or so many of them as may be necessary to cover the damages he may have sustained, for ten days, and if not applied for by the proper owner or owners before the expiration of ten days, the same may be posted under the estray laws of the territory, and before restitution shall be had by the owner or owners of such animals, all damages done by them, as well also as the expense of posting and keeping them, shall be paid. Any Justice of the Peace in the township or precinct shall have jurisdiction of all such reclamation of animals, together with the damages, expense of keeping and posting the same, when the amount claimed does not exceed one hundred dollars. SEC. 3. When two or more persons shall cultivate lands under one inclosure, neither of them shall place or cause to be placed any animal on his, her, or their ground, to the injury or damage of the other or others, but shall be liable for all damages thus sustained by the other or others; and if repeated after due notice is given, and for every subsequent repetition, double damages, to be recovered in any Court having jurisdiction. SEC. 4. This Act shall take effect on the first day of January, A. D. one thousand eight hundred and sixty-three. Appoint- CHAP. XVII.-An Act to provide for the Obtainment, Preservation, and [Approved December 12, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Tenritory of Nevada, as follows: SECTION 1. The Governor of this Territory is hereby authorized and required to appoint an Agent, who shall be a graduate in medicine, whose duty it shall be to apply to and obtain from the Vaccine Agent of the United States, created under an Act of Congress, passed February, eighteen hundred and thirteen, or if no such Agent is now acting, to obtain from any other source practicable, a supply of the genuine vaccine matter, and preserve the same for the use and benefit of the citizens of this Territory. office. SEC. 2. Before entering upon the duties of his office, the said Oath of Agent shall take and subscribe the following oath or affirmation, and file the same in the office of the Secretary of the Territory: "I, A. B., do swear (or affirm, as the case may be) that I will faithfully use my best exertions to obtain and preserve the genuine vaccine matter, and furnish the same to the citizens of this Territory, according to the provisions of the Act entitled an Act to provide for the obtainment, preservation, and distribution of vaccine matter." SEC. 3. It shall be the duty of said Agent, upon obtaining Duties of. said vaccine matter, to advertise the same in three prominent newspapers in the Territory, if there be that number, and to furnish such vaccine matter to any regular practising Physician, in good standing in his profession, in this Territery, and give a certificate, setting forth the quality of the matter, and his authority under this Act, which certificate shall be sufficient evidence for its use in any part of this Territory; and said Agent shall be entitled to charge and receive for every parcel of vaccine matter so furnished, consisting of one scab, or its equivalent, the sum of twenty dollars, and one dollar for the certificate, which shall be in full compensation for the services and expenses of said Agent. SEC. 4. This Act shall take effect from and after its passage. CHAP. XVIII.—An Act to change the time of meeting of the Legislative Assembly of the Territory. [Approved December 12, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. Hereafter, the Legislative Assembly of the Terri- Time of tory of Nevada shall convene on the second Tuesday in January, convening. of each year, at the Capitol, at the hour of 12 o'clock, M. SEC. 2. This Act shall take effect from and after the first day of March, Anno Domini one thousand eight hundred and sixtythree. CHAP. XIX.-An Act to amend an Act entitled an Act to create the [Approved December 12, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. Section five of said Act is hereby amended so as to read as follows: Time for and Section 5. The said company shall, within the period of six commencing months from and after the approval of this Act, commence the completing construction of the works necessary for the manufacture or proworks. duction of illuminating gas, and shall complete the same on or before the first day of June, A. D. eighteen hundred and sixtyfour. Name changed. CHAP. XX.-An Act to change the name of Miss E. E. Newbill. [Approved December 12, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. The name of Miss E. E. Newbill, of Virginia City, is hereby changed to that of Caroline Lucy Duval. Franchise. Road. Ferries and bridges. Re-location of route. CHAP. XXI.-An Act authorizing A. W. Nightingale and F. C. Ayres to establish and maintain a Toll Road, Bridges, and Ferries. [Approved December 12, 1862.] Be it enacted, by the Governor and Legislative Assembly of the Territory of Nevada, as follows: SECTION 1. A. W. Nightingale and F. C. Ayres, their heirs, successors, and assigns, are hereby granted the right and privilege to construct and maintain a toll road in this Territory for the period of nineteen years; also, to erect and maintain bridges, and establish and maintain ferries, charging toll thereat. Said road commencing at a point near Pea Vine Springs, in Washoe County, running from thence in an easterly direction, the general course thereof, crossing the Big Truckee near the junction of the Big and Little Truckee Rivers, thence in a northeasterly direction to a point at or near the so called Lower Ford of the Humboldt River. SEC. 2. The ferries or bridges above mentioned shall be at the points respectively where said road reaches the Truckee and Humboldt Rivers as aforesaid; and such ferry right shall continue and exist until such time as a bridge or bridges may be constructed by said parties; and if any bridge or bridges should be carried away or destroyed, such ferry rights or franchises hereby granted shall be revived and enjoyed by the said parties. SEC. 3. It shall be lawful for said parties to locate said road and establish said ferries and bridges on such route, between the points above mentioned, as in their judgment and discretion may be deemed advisable, and to change the location thereof from time to time so as to secure the most feasible route. SEC. 4. The said parties shall have the right to charge and collect tolls on said road, and at each of the ferries or bridges, Rates of toll. where so established or erected, not exceeding the following rates, viz: Wagon or other vehicle, with one span of horses or mules, or one yoke of cattle, two dollars, ($2.) Each additional animal, twenty-five (25) cents. Horsemen, fifty (50) cents. Each pack animal, twenty-five (25) cents. Loose stock, ten (10) cents per head. SEC. 5. The said parties may establish toll gates at one or Toll gates. more points on said road and collect tolls thereat; provided, the aggregate tolls so collected shall not exceed the rates as designated in this Act. pay toll. SEC. 6. Any person or persons who, upon demand being made Penalty for for toll, as provided in this Act, at any toll gate on the said refusing to road, or at said bridges or ferries, by said parties or their Agent or Agents, refuses to pay the same, as herein authorized, or who shall pass or attempt to pass said toll gate or gates without paying toll as aforesaid, shall, upon complaint and conviction before a Court of competent jurisdiction, be fined in any sum not less than ten dollars nor more than one hundred dollars for each offence, with costs, and stand committed until such fine and costs are paid. may be SEC. 7. It shall be lawful for the Governor and Legislative Rates of toll Assembly of this Territory, at any future session of such Legis- changed. lative Assembly, to regulate, alter, or change the rates of toll herein provided for. ment and SEC. 8. That the said A. W. Nightingale, F. C. Ayres, or Commencetheir assigns, shall commence the construction of said road on completion or before the first day of May, A. D. eighteen hundred and of work. sixty-three, and shall prosecute the same to completion within a period of two years from the commencement thereof, at a ratio per month in labor or money in proportion of the entire probable cost of the road; and should the said parties fail in complying with the provisions of this section, then all the privileges of or contained in this franchise are hereby declared to be forfeited. may SEC. 9. After the expiration of three years from the comple- Counties tion of said road and bridges, the counties in which the same purchase. are situated, or the Territory, may have the right to purchase said road and bridges, at an appraised value, to be determined by five Appraisers, two to be selected by the owners of said road and bridges, two by the County Commissioners of the counties aforesaid, and one by the four Appraisers hereinbefore provided for; and such valuation established by the said Appraisers shall be estimated to be the value of the road. SEC. 10. The Act entitled an Act authorizing A. W. Night- Act repealed ingale, F. C. Ayres, and A. Benway to establish and maintain a toll road, bridges, and ferries, approved December second, A. D. one thousand eight hundred and sixty-two, is hereby repealed. SEC. 11. This Act shall take effect from and after its passage. |