OCR Interpretation


Arizona miner. (Fort Whipple, Ariz.) 1864-1868, November 23, 1864, Image 1

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ARTE
ONA
I
TISI?ALE ii. llAND..
Si
"The Gold of that Land is good."
Publishers
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VUIjUMW 1.
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T. A. HAND, PuSEmnvfjfr
Payable in advance', without exception.
For one year $5,00
For six months ......... 3,00
For three .mouths 1,50
Siugle copies ,25
PBESCOTT, ARIZONA, WEDNESDAY NOVEMBER 23, 1864.
NUMBER 1G.
ADVERTISING
A square equals ten lines of this letter. One
square or less, one insertion, 2,00. Each subsequent
insertion, $1.00, One square standing for three
months, $0,00. For six months, 10,00. For one
year $15,00 and at the same rates for larger quantities
LAWS OF ARIZONA.
OF THE
V AUTHORITY.
FORMATION AND
COUNTIES.
RIGHTS OP
A.
Be it enacted by thu Legislative Assembly of the
Territory of Arizona.
Section 1. This Territory shall be divided in
to four counties, to be bounded and named as
hereinafter provided. First, the County of Pi
ma, shall be bounded as follows : On the east
by 109th meridian of longitude, on the lino of
the Territory of New .Mexico, on the north
by the middle of tho main branch of tho Gila
river, on the west by the lino of 113
degrees 20 minutca west longitude, and
on, tho south by the Sonora line. The
senfcrof justice whereof Is hereby established at
7 Tncson. and tho Cpunty Commissioners nro
J bdffcby empowered to establish precincts in said
Loouoty. Second, the Ouoty of Yuma, ahull bo
ubntxUd as follows : On th east by thu line of
lit decrees 20 minutes west tonpTfirftie; on. the
north by the middle of the main strewn
f-:tba-ffeftto Mnrf& iu Jaihstlbn ' rlth
Williams Fork, thence by the. middle of
the main channel of said stream to its junc
tion with the .Colorado, on thu west by the
mow channel of tho Colorado HVer, and on the
south by the Sooora line. The seat of justice
whereof is hereby established at La Paz, and the
, 'County Commissioners are hereby empowered
I to establish precincts in said county. Third, the
fc ounty of .Mohave, shall be bounded us follows
On the east by tho Hue of 113 degrees 20 min
utes west longitude, on the north by tho parallel of
.j upgrees norm lainuuo. on ine west iv tlio Hue
ol the btute of California and the middle of the
hi-fi main channel of the Colorado rivur, and on th
peapouth by Williams l'ork and the muin channel
ol tho banta .Maria river, above its junction with
tho latter stream. The seat of justice whereof
is hereby established at .Mohave City, and the
County Commissioners uro hereby empowered to
establish precincts in said county. Fourth, tho
County ot Yavapai, shall bo bounded as follows
On the east by tho line of the Territory of New
Mexico, on tho north by tho parallel of 37 de
grees north latitude, on tho west bv tho linn of,
113 degrees 20 minutes west longitude, and on
tho south by the middle of the main channel of
tho Gila river. The seat of justice whereof is
hereby established at Prcscott, and the County
Commissioners are hereby empowered to estab
lish precincts in said county.
2. All rights, powers, duties, privileges, and
immunities attached to or belonging to the
several counties shall remain until tho same are
altered by law.
81 3 3. Each organized county shall be a body
corporate and politic for tho following purposes,
(lhat is to eay : 'l o sue and be sued : to purchase
iifuuu iiuiw i fiw uuw purpouui esuuo ior mo use oi
... t I r t r
tbi uuuulv i tu uuitow money torMui.o, purpose oi
greeting and reparing county jjjwhigs, and for
t .ltho building of bridges : to inakitVflTi' iioftnfisiirv1
DOW . . " , . .. ' . rf4rr"-'
jj;uuuiuw, uuu tu uu uu utiiuri necessary acts in
gelation to tho property andooeorns of the
3,4. Each organized county shsill, at its own
roper expense, provide a suitable court houpo.
ind a suitable and sufficient jail, and fireproof
;ounty ouices, ana nil other neciryjpublic
inklings, and keep tho same in good repair.
I 5. Tho prison limits of each county shall ex
end to nil placos within tho boundaries of tho
county.
2 6. Unorganized counties, and other districts
nnoxed, or hereafter to bo annexed to any
ounty for judicial purposes, shall for overy pur-
wo uryuicu tu uu WllilllJ mo iinnis OI 1110
ounty to which they aro or may be so aunexed.
.it.
0
cdi
nt:;
ort
givi
P
w
DIVISION OF COUNTIES, ETC.
when a' con htj seized of lands shall bo
bo divided into two or more counties, or shall bo
altered in its limits by annexing a part of its
territory to any other county or counties, each
county shall becomo seized to its own uso of
such part of said lands as shall be inciuded with
in its limits as settled by such division or altera
tion. 3 8. When a county possessed of or entitled
to money, rights, credits, things in action, or per
sonal property, shall bo so divided or altered, or
when any unorgauized county or district annexed
to any county for judicial purposes, shall bo or
ganized into a separate county, such money,
rights, credits, things in action, or personal prop
erty shall be adjusted and apportioned and a set
tlement thereof made between tho counties in
terested therein by the commissioners thereof, as
to them, or a majority of Uiem, shall appear to be
ju3t and equitable.
9. The commissioners aforesaid shall meet
for the purpose of such settlement at such time
as shall be prescribed by tho law, making such
division or alteration, or if no time is prescribed
by such law, at such time as the commiosioners
of either of the counties interested shall appoint
at the office of tho treasurer of tho county re
taining the original name of tho county so di
vided or altered.
I 10. Debts owing by a county so divided or
altered shall bo apportioned in the manner pro
scribed in section eight of this chapter, aud each
county shall thereafter bo charged therewith ac
cording to such equitable apportionment.
I 11. In case of the division or alteration of a
county as aforesaid, if the commissioners cannot
agree upon a settlement as provided in this
chapter, tho commissioners of either of tho
counties interested may apply to tho District
Court for noy adjoining county for tho appoint
or 3ut of three jndicious men residing within a
wunty not interested to be cmnmisBioners for the
pnrpdso of settling and daterminiug tho matters
aforesaid between mich cotfntie3 and noon such
aplltbf: SuclfiMstrtct dofirt miaH appoint such
commissioners for the purpose aforesaid.
I 12. iSuch commissioners shall meet at such
timo as they may appoint, and after being duly
sworn faithfully and impartially to perfofm their
duties as such commissioners, sftall proceed to
examine into the merits of the matters aforesaid,
and shall make such determination in relation
thereto as to them, or a majority of them, shall
appear to be ju3t and equitable, which determin
ation shall bo entered at length by tho Clerks of
tho Probate Courts of tho respective counties so
interested as aforesaid, upon the journals of tho
county commissioners thereof, and shall bo final
aud conclusive between such parties.
OF I.EOAjv I'liOOKKlM.NGS IX FAVOK OF A.VD AGAINST
COUNTIES.
? Id. Whenever any controversy or cause of
action shall exist, between any of the counties of
this 1 erntory, or between any county anu an in
dividual or individuals, such proceedings shall be
had either in law or equity, for tho purpose of
trying and finally settling such' conCroversy, and
tho same shall bo conducted m like manner, and
the judgment or decree tnerein shall have the
like effect, as m other suits or proceedings bo
tween individuals and corporations.
1 14. In all such suits and proceedings the
name in which tho county shall suo or bo sued
shall be, " Tho County Commissioners " of the
County of (the name of the county,)
except in casea where other county officers shall
bo authorized by law to suo in their namo of of
fice for tho benefit of tho county.
315. In all legal proceedings against tho conn-
ty commissioners, tho process shall bo served on
the chairman or clerk of tho board, and wlicnov-
er any suitor proceeding shall bo commenced it
shall bo tho duty of such chairman or clerk to no
tify tho Attorney Coneral thereof, and to lay be
fore tho county commissioners at their next meet
ing all tho information ho may havo in regard to
such suit or proceeding.
2 IG. On tho trial of any action in which a
county shall bo interested, tho electors and in
habitants of such county shall bo competent wit
nesses auo jurors. j
3 IT Any action in favor of a county, which if
prosecuted by an individual could bo prosecuted j
before a justice of tho peace, may bo prosecuted
by such county in like mannor, boforo any such
justice.
18. In all suits and proceedings prosecuted
by or against counties, or by or against county of
ficers in their namo of office, costs shall bo re
ceivable ns in like cases against individuals.
319. When- judgment shall bo recovored
against tho county commissioners, pr against any
county officer in an action prdsecutbd by or
against himn in his' nhifirof officloi ffo ' kiccStjon
shall be awarded or issued upon such judgment,
uuu mju same, unless reversed, shall bo levied and
collected as other county churges, and when so
collected shall bo paid by the county treasurer to
the person to whom the same shall havo boon ad
judged, upon tho delivery of a proper voucher
inoreior.
20. That tho board of couuty commissioners
of each and every county in this Territory now
organized, or hereafter to bo organized, bo and
they aro hereby authorized and required to ap
point, in writing, under their hands aud seals, tho
county treasurer, or somo other fit and proper
person, to locate for the use of said county one
quarter section of land, in accordance with an
act of Congress, passed May tweuty-sixth, one
thousand eight hundred and twenty-four, entitled
An Act granting to tho counties or parishes of
each State and Torntoryof the United States in
which the public lands aro situated, the right of
pre-emption to quarter sections of land for seats
of justice within the same."
21. That it shall bo tho duty of the county
recorder, in each and overy bounty, to record
without fee tho written appointment so made as
aforesaid, whenever tho same shall be for that
purpose presented to him at his office, and that
said written appointment, when so recorded as
aforesaid, shall be a sufficient requisition upon
the county treasurer for the person so appointed
to demand and receive from tho treasurer there
of a sum equal in amount to tho mimimura price
for which one quarter section of public lands of
Iho TJnitod States aro sold.
I 22. The county commissioners of each and
every of said counties be and they are hereby
authorized to loan, on tho credit of their county,
tho sum of ivn hundred dollars for tho purchase
of lands .agse;.. to the provisions of section
twenty-one f t;;i- chapter.
3 23. In crtt i f tho escape of any prisoner or
person mitHt.d on any civil process by reason
of tho ij&S'lJt-iORAv of tho jaj( ojf nay county
wnoreuy wit bt,--nir, or other officer performing
the duties of hU r-ff, shall be made liable. .to any
party at whoe sait such prisoner or person was
committed, the county shall reimburse and pay
all sums of money received of the sheriff, or such
other officer, by such party by reason of such as
cape. Provided, That tho liability of such coun
ty shall not attach until the expiration of one
year after this chapter shall take effect a3 a law ;
And provided further, That such liability shall
not attach until tho expiration of ono year to
any new county hereafter organized, and which
snau nQu contain a mti witmn its limits at tiie
time of such organization.
V,r. CLAUDE JONES,
Speaker of tho House of Representatives.
COLES BASH FORD,
President of tho Council.
Approved Xov. 9,186L
JOB NT X. GOODWIN.
A truo copy of tho original on filo in my office.
iticri akd c. Mccormick:,
Secretary of tho Territory.
OP THE PROHIBITION OP GAMBLING.
Be it enacted by the Legislative Assembly of the
Territory of Arizona.
Section 1. There shall be assessed and col
lected in the manner prescribed by law in tho
case of other licenses, a license tax of twenty
five dollars per month, to be collected monthly
t. 1 1 . - . .
on eacu gaming taoie or apparatus ol any kind
wnaiever, such as laro, monto, pass faro, pass
monto. rondeau, roulette, twonty-one, dico. red
and black, or rouge et noir, laosquenette, or any
oiuor DanKing game oi wnatuver name, which
license shall bo issued in tho mannor provided by
law in the enso of other licenses.
3 2. That if any proprietor, superintendent.
- . - -
clerk, agent, or servant, or any house or place
where spirituous or malt liquors aro sold, shall
permit any unlicensed games to bo played either
with cards, dico, or with any device or substitute
for tho same, ho shall be deemed guilty of misde
meanor, and on conviction thereof shall be fined
in any sum not less than hlty nor moro thau
threo hundred dollars, and bo imprisoned in the!
county jail until tho ramo is paid : Provided.
such imprisonment shall not exceed ninntv dnvs.l
, v - -
33. If any unlicensed porson shall keen a fram
ing table or apparatus of any kind whatever,
such as furo, monte, pass faro,pas3 monto, twenty-one,
or any other banking game or dovice, or
substitute for tho same, by whatever name
known, on conviction thereof shall bo fined in any
sum not less than twonty-fivo nor moro than one
hundred and fifty dollars with costs of prosecu
tion. , f, .
3 4. That any person playioe: or bottinar atahv
?iviuu luiLWUJJW vawwj or on
ed games mentioned in the preceding section, up
on conviction thereof shall be fined in any sum
not less thou ten nor more than fifty dollars, and
undor tho provisions of the preceding section of
this chapter it shall bo sufficient proof that tho
accused did commit ono or more of tho acta
therein mentioned, without being necessary to
prove that money or any thing of valuo was" lost
or won by any porson.
.0. If any person shall play with any minor
under tho ace of twenty ono years at any of the
games mentioned in tho preceding sections of
this chapter, or permit such minor to play upon
or with any gaming implements ho may havo in
his possession or undor his control, he shall bo
doomed guilty of a misdemeanor, aud on convic
tion thereof shall be find in any sum not ex
ceeding threo hundred dollars, and imprisonment
in the county jail not exceeding threo moiith3 ;
and if nay person by any such iraminer or device
shall win and receivo from anv such minor nnv
money or anything of value, the Attorney Gen
eral on being informed thereof shall immediately
prosecute such person in tho namo of tho Terri
tory for tho amount of such money, or tho value
of such thing, with all costs of suit, and the ex
ecution issued upon any such judgment, shall nu-
thorize tho imprisonment or the defendant for the
period of ninety days in the county iail in case
such judgment bo not paid.
3 G. If any public officer shall bo convicted un
der tho provisions of tho second or fourth sec
tions of this chapter, in addition to the ponalty
oy saiu sections imposed, tne court snail ceciaro
his office vacant, and the same shall .be immedir
ately filled agreeably to tbo provisions of law.
$ 7. All mooie3 colected under tho proyisiona
of this Chapter shall oa immediately paid to tup
treasurer of the propor county. T
W. CLAUDS juxvBSj- .
Speaker of the Houo of Eapresen latinos., I
... OOLES BASHFOB'P.. I
'Approved" November 0.1864. ' Ft'
JOHN N. GOODWIN:' -A
truo copy of tho original on file in my office.
rioiiard c Mccormick.
Secretary of the Territory.
OP JUDICIAL DISTRICTS, ASSIGNMENT
OP JUDGES, AND TERMS OF COURT.
Be it enacted by tho Legislative Assembly of tho
Torritory of Arizona.
Section 1. The County of Pima shall consti
tute the First Judicial District, and tho Honora
ble William T. Howell, Associate Justice of the
Supreme Court for the Territory of Arizona, is
hereby assigned to hold the courts therein.
I 2. The counties of Yuma and Mohave shall
constituto the Second Judicial District, and the
Honorablo Joseph P. Allyn, Associate Justice
of the Hupremo Court for tho Territory of Ari
zona, is hereby assigned to hold the courts
therein.
I 3. The County of Yavapai shall constituto
tho Third Judicial District, and the Honprablo
William F. Turner, Chief Justice of the Su
premo Court for the Territory of AHsonaf 'is
hereby assigned to hold tho courts therein. -
4. There shall be two general terms of tho
District Court in each county excepting Mohave,
and shall be holden therein at the times follow
ingthat is to say: After the first day of Julv
next, m the County of Pima, on the second
Monday in April and the first Monday in Octo
ber. In tho County of Yuma on the third Moi -
day of May and tho second Monday in Novem
ber. In tho County of xavapai on tho first
Monday in Jnnn and the first Monday in Dccom
bcr. In tho County of Mohavo tho terms of
court shall bo appoiuted by tho District Judge
of the Second Judicial District, whenever tho
County Commissioners thereof shall notify him
that tho interest of tbeir county requires such
terms ; and when so appointed shall have tho
same forco and effect as if incorporated in this
chapter.
3 f. That previous to tho first day of July
next there shall bo held tho following term? of
said courts, in lieu of tho Ctfurts appointed to-bo,
held by tho proclamations of tho Governor tof,
this Torritory, to wit : In the County of Yuma
on the first Monday of February next Jo'VIiq.
County ot Yavapai on tho first Monday of "March'
next In tho County of Pima on tho second
Monday of April next. And said Judges may
hold such adjourned and special terms in their
soveral districts a3 to them shall seem proper.
3 6. All writs, processes, and other uronotidinss
heretofore made roturnablo at any of the said
District Csurts, which havo not been held .or will
not be held m consequence of this net, sbali'bW
CONmDBfl OH fafntfU Jt0T ?
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