Tally list and poll book. Contested elections. other poll book and tally list shall be deposited with one of the Inspectors of Election, to be determined by lot, if not otherwise determined, agreed upon, and said poll book and tally list, together with the poll book and tally list deposited with the Board of County Commissioners, shall be subject to the inspection of any elector, at any time thereafter who may wish to examine the same; provided, however, that the ballots so deposited with the Board of County Commissioners shall not be subject to the inspection of any one, except in cases of contested elections, and then only by the judge, body or board before whom such election is being contested. Amendment County Commissioners to of canvas. sers. Certificate District judge or judges to canvass. CHAP. CXIII.—An Act to amend an Act entitled "An Act to create a Board of County Commissioners in the several Counties of this State, and to define their duties and powers," approved March eight, eighteen hundred and sixty-five; approved Febru ary twenty-one, eighteen hundred and seventy-seven. [Approved March 8, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section thirteen of said Act is hereby amended so as to read as follows: Section Thirteen. The Board of County Commissioners shall act as Board also act as a Board of Canvassers, and declare election returns, and cause a certificate of election to be given by their Clerks to any person who shall be elected to any Legislative County, or to be given. Township office within their County; provided, that when the election shall be held for Legislators or County Commissioners the District Judge or Judges shall canvass and declare the election returns for such Legislators or Commissioners for which purpose all election returns shall be sealed and delivered according to law, to the County Clerk, and by him opened in the presence of the District Judge or Judges, who shall declare the result as to Legislators or County Commissioners, and the Clerk shall give to such persons elected as Legisl tors or County Commissioners a certificate of his election, and the certificates. Board of County Commissioners shall then canvass the returns as to other offices; and provided further, that when said Board of County Commissioners shall have canvassed the vote for Legislators, County, and Township officers, and it shall appear from such canvass that any Legislator, County, or Township officer voted for at such election has received a majority of ten Application votes, or less, in such case, upon application of the defeated candidate for such office, setting forth, under oath, that he has Grounds for reason to believe, and does believe, that a mistake or mistakes County Clerk to issue County sioners to for recount. in certain cases. count. have occurred on the part of the Inspector of Election in any election precinct or precincts in said County sufficient to change the result of such election so far as said office is concerned, it shall then be the duty of said Board of County Commissioners To recount to immediately proceed to recount the ballots for said office of any or all the precincts in said County wherein any mistake or mistakes are alleged to have occurred, and shall continue such Time of count from day to day (Sundays excepted), until the votes of all the election precincts wherein any such mistake or mistakes are alleged to have occurred shall have been counted, and when Completion said count is completed shall declare the result, and issue the result certificate of election to the party entitled thereto, as deter- declared. mined by their said count, but they shall in no case be allowed to throw out any ballot upon any alleged legal defect, if from the face of such ballot it can, upon inspection, be ascertained for whom the elector intended to cast his ballot; and provided further, that nothing herein contained shall prevent either party to said proceeding to contest the right to said office in the Courts, in the manner now prescribed by law. of count, CHAP. CXIV.-An Act to repeal section three of an Act entitled "An Act for the taxation of mines that produce one ton or less a day of ore or mineral-bearing material, and to encourage the prospecting of undeveloped mines," approved March fifth, eighteen hundred and seventy-seven. [Approved March 8, 1879.] The People of the State of Nevada, represented in Senate and of mines. SECTION 1. Section three of an Act providing for the taxation Providing of mines that produce one ton or less of ore or mineral-bearing for taxation material, and to encourage the prospecting of undeveloped mines, approved March fifth, eighteen hundred and seventyseven, is hereby repealed. CHAP. CXV.-An Act relating to the Burial of the Dead of incorporated cities in the State of Nevada. [Approved March 8, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. It shall be unlawful for any undertaker or other person within the State of Nevada to bury any deceased person Relative to dead. burial of the Certificate who has died within the limits of any incorporated town or city in said State without first having procured a certificate from of physician the physician who attended the said deceased person during his or her last illness, setting forth the name, nativity, sex, age, time of death, place of death and cause of death of said deceased person, as near as can be ascertained by said physician; provided, that in cases where no physician has attended said deceased person during his or her last illness, no such certificate shall be required, but the coroner's permit mentioned in the next succeeding section in this Act shall be obtained, and shall be sufficient authority for the burial of such deceased person. Coroner's permit to issue. Duty of undertaker. Coroner to issue permit. Style of permit. Coroner to file certificates. Fee of Offense, charge and violation. Penalty for violation. Amount. Term of imprisonment. Act to take effect. Repeal. SEC. 2. It shall be the duty of any undertaker or other person obtaining the certificate mentioned in the first section of this Act, before burying such deceased person, to present such certificate to the Coroner of the county within which such deceased person shall have died. The said Coroner, after being satisfied of the truth of the facts set forth in said certificate, shall issue a permit to the person presenting such certificate to bury the deceased person named in said certificate, or shall take such action under the law as the facts set forth in said certificate shall warrant. Said permit shall be in writing, signed by the Coroner, and shall set forth the facts under which it was issued. Said Coroner shall file in his office all physician's certificates so presented to him, and shall keep a record of the same, and a memorandum of all permits so issued by him, which records and memoranda he shall turn over to his successor in office, as a part of the public records of his office. The Coroner shall receive from the party obtaining any such permit a fee of fifty cents for filing and recording said certificate, and fifty cents for issuing said permit. SEC. 3. Any physician who shall willfully issue or sign, or cause to be issued or signed, any certificate, as provided for in this Act, knowing the facts set forth in said certificate to be false, shall be deemed guilty of a felony, and upon conviction thereof, shall be imprisoned in the State Prison for a term not less than one year, and not more than five years. SEC. 4. Any person willfully and unlawfully violating any of the provisions of sections one and two of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than five hundred dollars, or by imprisonment in the County Jail not less than one month, nor more than six months, or by both such fine and imprisonment. SEC. 5. This Act shall take effect from and after the first day of May, eighteen hundred and seventy-nine. SEC. 6. All Acts and parts of Acts, in so far as they are in conflict with the provisions of this Act, are hereby repealed. CHAP. CXVI.-An Act amendatory and supplementary of an Act entitled “An Act to regulate the sale or disposal of Opium, and to prohibit the keeping of places of resort for smoking or otherwise using that drug, approved February ninth, eighteen hundred and seventy-seven. [Approved March 8, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section two of the above-entitled Act is hereby amended so as to read as follows: violation. Term of Section Two. Any person or persons who shall be found Penalty for guilty of violating the provisions of this Act shall, on legal conviction thereof, be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding two years, or imprisonby both such fine and imprisonment, as the Court shall adjudge, and if such imprisonment shall be for a period exceeding six months, the same shall be in the State's Prison. ment. SEC. 2. Section four of said Act is hereby amended so as to Amendment read as follows: Section Four. Any person or persons who shall keep, or who, being the owner thereof, shall knowingly permit to be kept, any house, room, apartment, or other place of any kind, to be used as a place of resort by any person or persons for the purpose of indulging in the use of opium, or any preparation containing opium, by smoking or otherwise, shall, on legal conviction thereof, be punished as provided in this Act. SEC. 3. If any person shall knowingly permit any house, room, apartment, or other place owned by him or her, to be used for the purpose of a resort to indulge in the use of opium, or any preparatian containing opium, by smoking or otherwise, he or she shall, on legal conviction thereof, be punished as provided in this Act. SEC. 4. Any judgment obtained under the provisions of this Act, for a fine and costs, or either, shall be a lien on the property wherein the offense was committed, which lien shall not be discharged until such judgment shall have been paid, or otherwise legally satisfied; provided, that such lien shall not attach in cases where it shall appear that the owner of the property was not a party to the commission of the offense, and had no knowledge thereof before its commission. SEC. 5. If any person shall use any house, room, apartment, or other place leased to him or her for any of the purposes forbidden by this Act, such illegal use shall, at the option of the lessor, operate as a forfeiture of such lease, and of all rights given thereby, whether the same be expressed or not in such lease. SEC. 6. It shall not be lawful for any person to resort to any house, room, or apartment, or other place kept for any of the purposes forbidden by this Act, for the purpose of indulging in the use of opium, or any preparation containing opium, by Judgment to lien. become a Forfeiture of lease. Uulawful to resort. etc. smoking or otherwise, and any person who shall violate the provision sof this section, shall, on legal conviction thereof, be punished, as provided by this Act. SEC. 7. Any person leasing any house, room, apartment, or other place, to be used as a place of resort, to any person or persons, for the purpose of indulging in the use of opium, or any preparation containing opium, knowing the purposes for which said house, room, or apartment are to be used, any judgment obtained as provided in section four of this Act, shall be a lien upon such house, room, apartment, or other place of business so leased. SEC. 8. This Act shall take effect and be in force on and after the first day of May, A. D. eighteen hundred and seventy-nine, and shall be given in charge specially by all Judges of the District Court of this State to Grand Juries when impaneled. Right to collect. rate of charge. CHAP. CXVII.—An Act to amend Section Two of an Act entitled "An Act authorizing D. D. Kingsbury and Jas. M. McDonald to establish and maintain a Toll Road, approved November twenty-seventh, eighteen hundred and sixty-one. [Approved March 8, 1879.] ,, The People of the State of Nevada, represented in Senate and SECTION 1. Section two of the above-entitled Act is hereby amended so as to read as follows: Section Two. The said parties shall have the right to charge and collect tolls on said road, not exceeding the following rates: Wagon and one span of horses or yoke of cattle, one dollar; each additional animal, twelve and one half cents; returning empty, one half of the above rates; one horse and buggy, seventy-five cents; man on horseback, twenty-five cents; pack animals, twelve and one half cents; loose cattle or horses, five cents per head; sheep or hogs, two cents per head. Amendment CHAP. CXVIII.-An Act to amend Sections Seventy-four and Seventy-five of an Act amendatory of and supplemental to an Act entitled "An Act concerning Crimes and Punishments," approved November twenty-sixth, eighteen hundred and sixty-one, approved February twenty-sixth, eighteen hundred and seventyfive. [Approved March 8, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section seventy-four of said Act is hereby amended so as to read as follows: |