Chapter I.–An Act to create a Legislative Fund.

[Approved January 22, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and per diem of members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the State Treasurer is hereby authorized and required to set apart, from any moneys now in the General Fund not otherwise specially appropriated, the sum of sixty thousand dollars ($60,000), which shall constitute the Legislative Fund.

      Sec. 2.  The State Controller is hereby authorized and required to draw his warrant on said fund, in favor of the members and attaches of the Senate and Assembly, for per diem, mileage, stationery allowances, compensation and incidental expenses of the respective houses, when properly certified to him, in accordance with law, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund, at the adjournment of the Legislature, shall revert to the General Fund.

State Treasurer required to set apart money.

Controller authorized to draw warrant.

Chap. II.–An Act fixing the number of officers and attaches of the Legislature of the State of Nevada, and to define their duties and specify their pay, and repealing all Acts in conflict therewith.

[Approved January 27, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The officers and attaches of the Senate shall consist of one Secretary, one Assistant Secretary, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Assistant Minute Clerk, one Journal Clerk, one Assistant Journal Clerk, one Engrossing Clerk, one Assistant Engrossing Clerk, one Enrolling Clerk, one Assistant Enrolling Clerk, one Copying Clerk, one Bill Clerk, five Committee Clerks, one Stenographer, one Messenger, two Pages, and one Porter.

Attaches of the Senate.

Of the Assembly.

Salaries of attaches.

Duties of Controller and Treasurer.

Repeal.

Journal Clerk, one Engrossing Clerk, one Assistant Engrossing Clerk, one Enrolling Clerk, one Assistant Enrolling Clerk, one Copying Clerk, one Bill Clerk, five Committee Clerks, one Stenographer, one Messenger, two Pages, and one Porter.

      Sec. 2.  The officers and attaches of the Assembly shall consist of one Chief Clerk, one Assistant Clerk, one Sergeant-at-Arms, one Assistant Sergeant-at-Arms, one Minute Clerk, one Assistant Minute Clerk, one Journal Clerk, one Assistant Journal Clerk, one Engrossing Clerk, one Assistant Engrossing Clerk, one Enrolling Clerk, one Assistant Enrolling Clerk, one Copying Clerk, one Assistant Copying Clerk, one Bill Clerk, six Committee Clerks, one Stenographer, one Messenger, two Pages, one Porter, and one Assistant Porter.

      Sec. 3.  There shall be paid to the several officers and attaches named in this Act, for all services rendered by them under the provisions of this Act, the following sums of money, and no more:

      Secretary of the Senate and Chief Clerk of the Assembly shall each receive seven dollars per day; the Assistant Secretary of the Senate and the Assistant Clerk of the Assembly shall each receive six dollars per day; the Minute Clerk, the Assistant Minute Clerk, the Journal Clerk, the Assistant Journal Clerk, the Engrossing Clerk, the Assistant Engrossing Clerk, the Enrolling Clerk, the Assistant Enrolling Clerk of the Senate and Assembly shall each receive six dollars per day; the Sergeant-at-Arms, the Assistant Sergeant-at-Arms, the Copying Clerk, the Assistant Copying Clerk of the Senate and Assembly, the Committee Clerks of the Senate and Assembly, the Bill Clerk and Stenographer shall each receive six dollars per day; the Messenger of the Senate and of the Assembly shall each receive five dollars per day; the Pages of the Senate and Assembly shall each receive two dollars per day; the Porter of the Senate and of the Assembly, and Assistant Porter shall receive three dollars per day; provided, however, that in case either the Senate or the Assembly shall organize or act with a less number of attaches than herein provided, such organization or action shall be legal; and provided further, that either the Senate or the Assembly may, by resolution, increase or diminish the number of its attaches any time during the session, within the limits hereinbefore provided.

      Sec. 4.  The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

      Sec. 5.  All Acts or parts of Acts in conflict herewith are hereby repealed.

Chap. III.–An Act to provide for copying the Journal of the Senate for the Twenty-fourth Session.

[Approved January 29, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of one hundred and fifty (150) dollars is hereby appropriated out of the Legislative Fund, to be paid to Mrs. Kate Meffly for copying the Journal of the Senate for the Twenty-fourth Session of the Nevada State Legislature for the State Printer.

      Sec. 2.  Upon a receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Senate for the Twenty-fourth Session of the Nevada State Legislature had [has] been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Mrs. Kate Meffly, named in section one of this Act, for the sum of one hundred and fifty (150) dollars, and the State Treasurer shall pay the same.

Appropriation for copying Senate Journal.

Secretary of State to certify.

Chap. IV.–An Act authorizing the Supreme Court of the State of Nevada to employ two stenographic clerks, and fixing their compensation.

[Approved February 1, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Supreme Court of the State of Nevada or a majority thereof is hereby authorized to employ two stenographic clerks, whose compensation shall be the sum of one hundred and twenty-five (125) dollars per month each.

      Sec. 2.  The Controller of the State shall, at the end of each month, draw his warrant upon the State Treasurer for the amounts of their compensation then due, and the State Treasurer shall pay the same out of any moneys in the State Treasury not otherwise appropriated.

      Sec. 3.  This Act shall take effect immediately.

Stenographers for Supreme Court.

Duties of Controller and Treasurer.

In effect.

Chap. V.–An Act to provide for copying the Journal of the Assembly for the Twenty-fourth Session.

[Approved February 1, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of one hundred and seventy-five dollars ($175) is hereby appropriated out of the Legislative Fund, to be paid to Miss Ida McCarty for copying the Journal of the Assembly for the Twenty-fourth Session of the Nevada State Legislature for the State Printer.

Appropriation for copying Assembly Journal.

Secretary of State to certify.

Journal of the Assembly for the Twenty-fourth Session of the Nevada State Legislature for the State Printer.

      Sec. 2.  Upon a receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of said Ida McCarty, named in Section 1 of this Act, for the sum of one hundred and seventy-five dollars ($175), and the State Treasurer shall pay the same.

Typist for White Pine County Clerk.

Salary.

In effect.

Chap. VI.–An Act to provide a typewriter operator for the County Clerk of White Pine County, Nevada, and fixing the salary of said operator.

[Approved February 1, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The County Clerk of the County of White Pine is hereby authorized and empowered to appoint a typewriter operator, who shall be a competent operator and who shall perform such duties as may be required by said County Clerk, and whose compensation shall be one hundred and twenty-five dollars per month.

      Sec. 2.  The salary of said operator herein provided shall be paid in the same manner as the salaries of county officers are paid.

      Sec. 3.  This Act shall take effect immediately.

Portrait of ex-Governor Sparks.

Duties of Controller and Board of Examiners.

Chap. VII.–An Act to provide for procuring a portrait of our late Governor, John Sparks.

[Approved February 4, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of five hundred dollars is hereby appropriated out of the moneys in the State Treasury, not otherwise appropriated, for the purchase of a framed portrait of our late Governor, John Sparks, to be painted in oil colors artistically, after the style and manner of the other portraits of ex-Governors now in the Governor’s office, and to be uniform in size therewith.

      Sec. 2.  Upon delivery of said portrait to the Secretary of State, and its acceptance by the Board of Examiners, the State Controller is hereby directed to draw his warrant in favor of the person named, for the sum of five hundred dollars, and the State Treasurer is hereby directed to pay the same.

      Sec. 3.  The Board of Examiners shall procure the portrait provided for in this Act of some photographer or artist resident of this State.

Artist to be resident of Nevada.

Chap. VIII.–An Act fixing and regulating the salary of the District Attorney of Humboldt County.

[Approved February 4, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act the District Attorney of Humboldt County shall receive the salary of three thousand dollars per year.

      Sec. 2.  In addition to the amounts mentioned in Section 1 of this Act the said District Attorney shall be allowed his actual traveling expenses when called from the county-seat in discharge of the official duties of the said office of District Attorney.

      Sec. 3.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Salary of District Attorney of Humboldt.

Additional expenses, when.

Repeal.

Chap. IX.–An Act fixing and regulating the salary of the District Attorney of Ormsby County.

[Approved February 4, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act the District Attorney of Ormsby County shall receive the salary of twenty-four hundred dollars per year.

      Sec. 2.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Salary of District Attorney of Ormsby County.

Chap. X.–An Act to provide for the acquisition, construction, establishment and maintenance of a State Fish Hatchery, and to appropriate money therefor.

[Approved February 5, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The State Board of Fish Commissioners is hereby authorized and directed to acquire, construct and establish a State Fish Hatchery at such point and in such locality within this State as to them shall be best adapted for that purpose, said hatchery, when acquired and established, to be maintained and conducted by the State, under the direction and control of the State Board of Fish Commissioners.

State Fish Hatchery established.

Appropriation, $5,000.

In effect.

the direction and control of the State Board of Fish Commissioners.

      Sec. 2.  For the purpose of complying with and carrying out the provisions of this Act, the sum of five thousand dollars is hereby appropriated, out of any moneys in the General Fund of the State Treasury not otherwise specifically appropriated, to be expended under the direction of the State Board of Fish Commissioners; and the State Controller is hereby directed to draw his warrant for said amount in favor of the State Board of Fish Commissioners, at such times and in such amounts as may be approved by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same.

      Sec. 3.  This Act shall take effect and be in force immediately after its passage.

Clark County created.

Las Vegas to be county-seat.

Governor to appoint County Commissioners.

Commissioners to organize, and appoint Clerk.

Duties of Clerk.

Chap. XI.–An Act creating and organizing the County of Clark out of a portion of Lincoln County and providing for its government, and to regulate the affairs of Lincoln County and Clark County.

[Approved February 5, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The County of Clark is hereby erected out of the following territory, to wit: All that portion of Lincoln County lying south of the third (3d) standard parallel south of the Mount Diablo base line is hereby detached from Lincoln County, and the County of Clark erected therefrom.

      Sec. 2.  The place known officially as Clark’s Las Vegas Townsite, being the town, railroad station and postoffice of Las Vegas, is hereby made the county-seat of Clark County, at which place shall be erected and maintained the county and judicial offices and the necessary county buildings.

      Sec. 3.  It shall be the duty of the Governor, within ten days after this law takes effect, to appoint three citizens of the United States, who are also citizens of the State of Nevada and residents of Clark County, to serve as a Board of County Commissioners for said Clark County the same as if duly elected, until their successors are chosen and said successors shall enter on the duties of their office.

      Sec. 4.  Said County Commissioners of Clark County shall within ten days after their appointment meet at some convenient place at the county-seat of Clark County, and after severally taking the official oath required, organize as a Board of County Commissioners by electing one of their number as chairman, and appointing a clerk, who shall not be one of their number.

      Sec. 5.  Said so appointed Clerk shall take an oath to faithfully perform his duties, and shall immediately proceed to make and keep official record of all the proceedings of said Board of County Commissioners of Clark County, shall receive and file all papers intended for the consideration of said Board, shall countersign all orders and proceedings of the Board and cause all orders to be properly served.

to make and keep official record of all the proceedings of said Board of County Commissioners of Clark County, shall receive and file all papers intended for the consideration of said Board, shall countersign all orders and proceedings of the Board and cause all orders to be properly served. He shall retain his position until a duly appointed or elected County Clerk of Clark County shall qualify and enter upon the duties of his office. He shall deliver to his successor all books and papers held by him as such Clerk, and shall receive such compensation as may be allowed to him by said Board of County Commissioners of Clark County.

      Sec. 6.  Said Board of County Commissioners shall, within ten days after their organization as aforesaid, appoint from among the legal residents of said Clark County, to be officers of said Clark County until their respective successors shall enter regularly upon their duties, viz.: A Sheriff; a County Recorder, who shall be ex officio Auditor; a County Clerk, who shall be ex officio Clerk of the District Court and of the Board of County Commissioners; a County Assessor; a County Treasurer; a District Attorney; a County Surveyor, and a Public Administrator. And the said officers so appointed shall within ten days qualify and enter upon the duties of their respective offices.

      Sec. 7.  Said Board of County Commissioners are hereby required to furnish for the use of said county officers and for other county purposes, such rooms, offices and jails, appliances, books and stationery as are suitable and necessary for the decent conduct of all county business.

      Sec. 8.  All fees collected by each of the aforesaid county officers of Clark County, except the County Surveyor and Public Administrator, shall be by them paid into the county treasury of Clark County each month. The said fees shall be by the County Treasurer placed in the salary fund of said county; and from said fund the Board of County Commissioners shall allow and pay monthly, to each of said county officers, one-twelfth of the annual salary allowed to such officer.

      Sec. 9.  The said officers of Clark County shall receive the following compensation: The Sheriff shall receive eighteen hundred dollars ($1,800) per annum, and such commissions as are now allowed by the law to the Sheriff of Lincoln County, and may, subject to the approval of the Board of County Commissioners, appoint necessary Deputy Sheriffs at a compensation not to exceed one hundred ($100) dollars per month; the County Recorder and ex officio Auditor shall receive fifteen hundred dollars ($1,500) per annum, and may, subject to the approval of the Board of County Commissioners, appoint such deputy or deputies as the volume of work in his office may require, at a salary not to exceed one hundred dollars ($100) per month. The County Clerk and ex officio Clerk of the District Court and of the Board of County Commissioners shall receive twelve hundred dollars ($1,200) per annum; the County Assessor shall receive eighteen hundred ($1,800) dollars per annum; the County Treasurer shall receive two thousand ($2,000) dollars per annum; the District Attorney shall receive fifteen hundred ($1,500) dollars per annum, the County Commissioners shall receive three hundred ($300) dollars per annum, and such mileage as is now allowed by law in Lincoln County.

Commissioners to appoint county officers.

To provide office rooms, etc.

Fees to be paid into county treasury.

Salaries of Clark County officers.

Precincts, officers, districts, etc. to remain intact until changed.

Transfer of moneys.

Tax levies provided for.

Legislative representation.

Clark County in Fourth Judicial, and Fifth Educational Districts.

Lincoln County officers to deliver records.

shall receive twelve hundred dollars ($1,200) per annum; the County Assessor shall receive eighteen hundred ($1,800) dollars per annum; the County Treasurer shall receive two thousand ($2,000) dollars per annum; the District Attorney shall receive fifteen hundred ($1,500) dollars per annum, the County Commissioners shall receive three hundred ($300) dollars per annum, and such mileage as is now allowed by law in Lincoln County. The Public Administrator and the County Surveyor shall receive the same compensation as is now allowed to the Public Administrator and County Surveyor, respectively, of Lincoln County.

      Sec. 10.  The election precincts, school districts, road districts, cities, towns and townships embraced within the territory comprising the County of Clark shall be as heretofore fixed and established during the time the same composed a part of Lincoln County, until otherwise changed by the Board of County Commissioners of Clark County; and the officers heretofore elected or appointed to office in said precincts, districts, cities, towns, and townships shall hold their respective offices in the County of Clark until their successors are appointed or elected and qualified; and the registration lists, school censuses, and the records of said officers respectively are hereby made the same in the County of Clark that they were heretofore in the County of Lincoln. And the County Treasurer of the County of Lincoln is hereby directed to pay to the County Treasurer of the County of Clark, on demand, all sums of money held by him as custodian for said precincts, districts, cities, towns and townships, rendering proper accounts with each of said funds.

      Sec. 11.  At the first meeting of the Board of County Commissioners for said Clark County, all necessary tax levies for reasonable provision for needs of county, road, school, city and town for all purposes for the years 1909 and 1910 shall be made.

      Sec. 12.  At the general election to be held in 1910 Clark County shall elect one Senator, two Assemblymen, and Lincoln County shall elect two Assemblymen.

      Sec. 13.  Said Clark County shall be attached to and become part of the Fourth Judicial District, in which said Clark County there shall be held two terms of Court in each calendar year, at dates to be fixed by the Judge of said District Court. And said Clark County shall be attached to and become part of the Fifth Educational (Supervision) District.

      Sec. 14.  All the county officers of Lincoln County, now or hereafter having the custody of any of the files and records of Lincoln County, shall on demand of the Board of County Commissioners of said Clark County prepare and deliver to said Clark County, in such form as asked, such transcripts and excerpts from said files and records, properly certified, as requested; payment to be made therefor as other claims against Clark County.

      Sec. 15.  All copies and excerpts from the records and files, certified as correct and true, by the legal custodian thereof, now on file or of record in official records of Lincoln County, may be recorded or filed in the official records or files of Clark County the same as original papers, and, when so filed or recorded, shall become for all legal purposes the same as original records and files.

      Sec. 16.  All suits determined and judgments remaining unsatisfied relating to any person residing, or property situate wholly in the territory hereby detached from Lincoln County; all suits, proceedings, and estates pending and undetermined which may appertain wholly to property, real, personal and mixed, in said detached territory; all actions for the recovery of money in which the defendant resides in said detached territory; and all pending criminal cases which arose in said detached territory in the District Court in and for Lincoln County shall, within forty days from the taking effect of this Act, be, by the County Clerk of said Lincoln County, duly and legally certified, transferred and delivered to the County Clerk of Clark County, together with all papers and documents, and certified copies of all Court and judicial orders pertaining to the same. And all of said papers, documents and judicial and Court orders shall be by said Clerk of Clark County filed in his office, and thereafter proceeded with in the same manner as if commenced, or heard, or determined in said Clark County. The County Clerk of Lincoln County and the County Clerk of Clark County shall receive from the County of Clark for the services hereby required to be performed the legal fees for such services.

      Sec. 17.  All expenses paid by the County of Lincoln on account of any pending criminal cases arising in said detached territory, after July 1, 1909, shall be paid by the said County of Clark to said County of Lincoln, upon the presentation to the Board of County Commissioners of Clark County of bill and bills for the same.

      Sec. 18.  At their regular meeting on the first Monday in July, 1909, the County Commissioners of Lincoln County shall ascertain the total amount of money on hand in the county treasury of Lincoln County, excepting funds of the various precincts, districts, cities, towns and townships, as shown by the sworn statement of the various officers of said county, and the total amount of the floating indebtedness of Lincoln County; then deduct the amount of the floating indebtedness from the total amount of the money in the county treasury and apportion the amount of the difference thus obtained to Lincoln County and Clark County in the following manner: (a) Ascertain the total valuation of property assessed for taxation in Lincoln County in 1908; (b) ascertain the total valuation of the property assessed for taxation in the territory set off for Clark County in the same year; (c) as the total valuation of the property assessed for taxation in Lincoln County in 1908 is to the total valuation of the property in the same year assessed for taxation in the territory set off as Clark County, so is the difference before found to the amount to be paid by Lincoln County to Clark County as Clark County’s due proportion of the money in the county treasury of Lincoln County.

Said records same as originals.

All legal matters transferred to Clark County.

Fees.

Criminal expenses.

Manner of ascertaining Clark County’s indebtedness to Lincoln County.

Delinquent tax property to revert to Clark County.

Clark County to pay Lincoln County $10,000.

Clark County to pay proportion of Lincoln County indebtedness.

taxation in Lincoln County in 1908 is to the total valuation of the property in the same year assessed for taxation in the territory set off as Clark County, so is the difference before found to the amount to be paid by Lincoln County to Clark County as Clark County’s due proportion of the money in the county treasury of Lincoln County. The said Commissioners shall thereupon order the County Treasurer of Lincoln County to pay to the Treasurer of Clark County on or before the first day of August, 1909, the said amount so found to be Clark County’s proportion of said money, and thereafter any money collected by any officer of Lincoln County on account of city, town or county license, taxes or poll taxes levied for the year 1909 upon persons, property and business, situate in the territory hereinbefore set off as Clark County, shall be the property of Clark County and immediately forwarded to the Treasurer thereof.

      Sec. 19.  The title to all property situate in the County of Clark on which taxes have or may become delinquent, and which said property has been or may be forfeited to Lincoln County, shall vest in and become the property of Clark County, and on demand of its Commissioners for a tax deed to said property, or any part thereof, the County Commissioners of Lincoln County shall cause its proper officers to forthwith make, execute and deliver to said County of Clark a good and sufficient tax deed therefor.

      Sec. 20.  Lincoln County shall pay to Clark County, as Clark County’s portion of the property of Lincoln County not hereinbefore mentioned, the sum of ten thousand dollars ($10,000), to be paid at the times and in the manner following: One thousand dollars ($1,000), to [be] paid on or before December 1, 1910, and each succeeding year thereafter, one thousand dollars ($1,000) until the whole shall have been paid.

      Sec. 21.  Clark County shall pay its due proportion of the funded and refunded indebtedness of Lincoln County, as covered by the Act entitled “An Act authorizing Lincoln County to fund and refund its existing indebtedness, and to repeal all Acts and parts of Acts in conflict herewith,” approved March 5, 1907, in manner and form following, to wit: In the month of January in each year the Board of County Commissioners of Clark County shall cause to be certified to the Board of County Commissioners of Lincoln County a certificate showing the total valuation of all taxable property in Clark County for the immediately preceding year. From said valuation of Clark County added to the valuation for taxation of the property of Lincoln County for the same year, the Board of County Commissioners of Lincoln County shall, at its meeting in February of each year, determine the necessary tax rate to be levied in that year on the assessable property of both counties on account of said bonded indebtedness; which said rate shall be the same in each county. Said Board of County Commissioners of Lincoln County shall in February of each year cause said so found tax rate to be certified to the Board of County Commissioners of Clark County, and the said Board of County Commissioners of Clark County shall cause the so found tax rate to be levied on the taxable property of Clark County each year so certified.

shall in February of each year cause said so found tax rate to be certified to the Board of County Commissioners of Clark County, and the said Board of County Commissioners of Clark County shall cause the so found tax rate to be levied on the taxable property of Clark County each year so certified.

      Sec. 22.  The County Treasurer of Clark County shall transmit to the County Treasurer of Lincoln County monthly, all sums in his hands, received on account of said bonded indebtedness, including money collected as taxes upon property in Clark County on December, 1909, and June, 1910, installments by reason of the 1909 levy made by the County Commissioners of Lincoln County for the purpose paying interest on the bonded indebtedness of Lincoln County, taking the receipt of the County Treasurer of Lincoln County in triplicate, one of each of said receipts to be filed with the Auditor of Clark County, and one with the Auditor of Lincoln County.

      Sec. 23.  The Board of County Commissioners of Lincoln County, or the Board of County Commissioners of Clark County, may at any time pass a resolution stating that by reason of the low valuation of property assessed for taxation, or by omitting to list certain property for taxation, either county is not paying its due proportion of said bonded indebtedness. After the passing of said resolution, any citizen of either county may, by complaint duly made under oath, bring criminal action against the County Assessor of either county, charging him with knowingly placing a low valuation on any property in his county, or knowingly omitting to list certain property for taxation, and if at the trial of said complaint, the charge or charges therein are found to be true, the said County Assessor shall be removed from office, and be fined in any sum not to exceed one thousand dollars ($1,000).

      Sec. 24.  This Act shall take effect July 1, 1909.

Clark County Treasurer to make monthly statement to Lincoln County.

Regulations concerning taxation.

In effect July 1, 1909.

Chap. XII.–An Act authorizing the appointment of a Deputy Sheriff for Ormsby County, and fixing and regulating the salary thereof.

[Approved February 8, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act the Sheriff and ex officio Assessor of Ormsby County shall be entitled to appoint one Deputy, whose salary shall be one thousand two hundred dollars ($1,200) per annum, payable by Ormsby County as other county salaries are paid.

      Sec. 2.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Deputy Sheriff for Ormsby County.

Repeal.

State License and Bullion Tax Agent.

Salary, $2,500.

Expense limited to $1,500 per annum.

Chap. XIII.–An Act to amend an Act entitled “An Act to provide for the appointment of a State License and Bullion Tax Agent of the State of Nevada, fixing his compensation, and prescribing his duties,” approved March 15, 1905.

[Approved February 8, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled Act is hereby amended so as to read as follows:

      Section 1.  The Governor is hereby authorized, empowered and directed, within thirty days after the approval of this Act, to appoint some person, a resident of the State of Nevada, a State License and Bullion Tax Agent, whose term of office shall be for two years or during the pleasure of the Governor, and whose salary shall be twenty-five hundred dollars per year and such expenses as authorized by Section 8 of this Act, both salary and expenses to be paid from the General Fund of the State out of any moneys not otherwise appropriated.

      Sec. 2.  Section 8 of the above-entitled Act is amended so as to read as follows:

      Section 8.  The expenses of said State License and Bullion Tax Agent shall be a claim against the State, to be approved by the State Board of Examiners, and paid as provided in Section 1 of this Act, said expenses not to exceed the sum of fifteen hundred dollars ($1,500) for any one year.

Bonds for East Ely School District-$25,000.

Chap. XIV.–An Act to authorize the Board of School Trustees of East Ely School District to issue negotiable coupon bonds for the purpose of purchasing or erecting and furnishing school buildings and purchasing grounds therefor and to pay the floating indebtedness of such district, and providing for the payment of the principal and interest of such bonded indebtedness.

[Approved February 9, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Board of School Trustees of East Ely School District, White Pine County, Nevada, is hereby authorized and empowered to borrow money for the purposes of erecting or purchasing and furnishing a school building or buildings, and purchasing ground as a site therefor, and to pay the floating indebtedness of such School District by issuing the negotiable coupon bonds of said district to an amount not to exceed twenty-five thousand dollars in the manner by this Act provided.

      Sec. 2.  Such bonds may be issued in denominations of one hundred dollars, five hundred dollars, or one thousand dollars, as the Board of School Trustees of such district shall determine, and shall bear interest at a rate not exceeding six per centum per annum, and the principal thereof shall be payable in gold coin of the United States twenty-five years from and after the date thereof. Each of said bonds shall have attached thereto interest coupons payable in gold coin of the United States semi-annually on the first Monday in January and the first Monday in July of each year from and after the year of the issuance and sale of said bonds. The bonds and coupons herein provided for shall be signed by the President and Clerk of said Board of School Trustees and countersigned by the Treasurer of the County of White Pine, State of Nevada.

      Sec. 3.  Before said Ely School District shall issue bonds under the provisions of this Act, all such bonds shall be presented to the Treasurer of the County of White Pine to be duly registered by him in a book provided for that purpose in his office, which register shall show the amount, the time of payment and the rate of interest, and all such bonds shall bear the certificate of said County Treasurer to the effect that they are issued and registered under the provisions of this Act. After such registry the bonds shall be at the disposal of the said Board of School Trustees, to be sold at not less than par for the purpose of raising funds for the objects designated by this Act.

      Sec. 4.  Whenever said Board of Trustees of the East Ely School District shall issue any bonds under the provisions of this Act it shall be the duty of the Board of Commissioners of said White Pine County to levy and assess a special tax on all the taxable property of such district in an amount sufficient to pay interest thereon when the payment shall become due and payable according to the tenor and effect of said bonds and of the interest coupons thereto attached, and the County Treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him; and, if there shall be any surplus after paying said interest, the Treasurer shall without delay credit such surplus to the funds of such School District and such funds shall be subject thereupon to the disposal of said Board of School Trustees; and, beginning with the year said bonds are issued and annually thereafter until the full payment of said bonds have been made, the Board of County Commissioners of said County of White Pine shall levy and assess a special tax and shall cause said special tax to be collected on all taxable property of the School District sufficient to pay annually a portion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied, assessed, and collected in the same manner as the tax for the payment of the interest thereon and as other taxes are levied and collected, and when collected shall be known as the “East Ely School District Sinking Fund,” and shall be used only in the payment of such bonds.

Denominations of bonds.

Interest not to exceed 6 per cent.

County Treasurer to register bonds.

Special tax for interest and redemption of bonds.

“East Ely School District Sinking Fund.

School officers to certify.

Changes in School District not to release tax on property.

Tax to be lien on property.

Notice of sale of bonds to be advertised.

collected in the same manner as the tax for the payment of the interest thereon and as other taxes are levied and collected, and when collected shall be known as the “East Ely School District Sinking Fund,” and shall be used only in the payment of such bonds. The sinking fund thus provided shall be applied to the purchase and cancelation of outstanding bonds of such School District. At the maturity of such bonds, the County Treasurer shall call in and pay such bonds and the accrued interest thereon, and duly cancel the same and certify his action to the Board of Trustees of such School District.

      Sec. 5.  The President, or Chairman, and Clerk of the Board of School Trustees of said East Ely School District shall file their certificate in writing with the County Treasurer of said County of White Pine, and a duly certified copy thereof with the Board of County Commissioners of said county, which shall set forth the date of the sale of the said bonds, and said certificate shall be entered upon the minutes of the said Board of County Commissioners at the next regular or special meeting thereof, and the time specified in such certificate shall be taken to be the time of the sale and issuance of such bonds. No change in the boundary lines of such School District shall release the taxable property of the district from assessment and levy of taxes to pay the interest and principal of such bonds, and all taxable real property which was included within the boundary lines of the School District at the time of the sale of such bonds as set forth in such certificate hereinabove provided for, shall thereafter remain subject to assessment and taxation for the payment of such principal and interest, and until the payment thereof, to the same extent and with like effect as though such property still remained a part of such School District: and if there shall be any change of the boundary lines of such School District so as to annex or include any taxable property after the issuance of such bonds, the property so included in such district, or annexed thereto, shall thereafter be subject to the assessment or levy of a tax for the payment of the principal and interest of such bonds.

      Sec. 6.  All taxes levied and assessed, as in this Act provided, shall constitute a lien on the property charged therein from the date of the levy thereof by the County Commissioners or the entry thereof on the assessment roll, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of State and county taxes; and no additional allowance, fee, or compensation whatever shall be paid to any officer for carrying out the provisions of this Act.

      Sec. 7.  The Board of School Trustees of said East Ely School District shall cause a notice of the sale of such bonds to be published once a week for four consecutive weeks in some newspaper published in such district, if any such there be, and if not, such notice shall be posted for thirty days in three public places in such district, inviting bids for the purchase of said bonds, and at the expiration of such time such Board may sell such bonds to the highest and best bidder for cash.

three public places in such district, inviting bids for the purchase of said bonds, and at the expiration of such time such Board may sell such bonds to the highest and best bidder for cash. If no bids therefor are received, then said Board of School Trustees may sell such bonds at private sale; provided, that the bonds hereby authorized to be issued shall not be sold for less than the par value thereof.

      Sec. 8.  Whenever the bonds and interest provided for in this Act shall have been paid, the tax authorized by this Act shall cease, and all moneys remaining in said bond fund shall, by order of the County Commissioners, be transferred to the general fund of said county.

      Sec. 9.  Whenever the County Treasurer shall redeem any of the bonds issued under the provisions of this Act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the County Auditor, taking his receipt therefor, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the Auditor shall credit the Treasurer on his books with the amount so paid.

      Sec. 10.  The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until the bonds and coupons issued under and by virtue thereof shall have been paid in full, as in this Act specified.

Not to be sold under par.

Residue of bond fund to revert.

Treasurer to cancel paid bonds.

Faith of State is pledged.

Chap. XV.–An Act making an appropriation for the purchase of filing-cases and office furniture for the offices of the Governor, Secretary of State, and Attorney-General.

[Approved February 13, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Board of Capitol Commissioners are hereby authorized to purchase and install filing-cases and such other furniture and equipment as they may deem necessary in the offices of the Governor, Secretary of State, and Attorney-General, of the State of Nevada. For this purpose they shall advertise for sealed bids for a period of thirty days, said advertisement to be published in the newspaper publishing the official advertising for the State of Nevada, and the contract shall be awarded to the lowest responsible bidder.

      Sec. 2.  The sum of three thousand dollars is hereby appropriated out of the General Fund for the purchase and installing of said filing-cases and office furniture, twelve hundred dollars of which shall be used for the office of Governor, one thousand dollars of which shall be used for the office of Secretary of State, and eight hundred dollars of which shall be used for the office of Attorney-General.

Capitol Commissioners to install filing-cases in various offices.

Appropriation, $3,000.

Duties of Controller and Treasurer.

      Sec. 3.  The State Controller is hereby directed to draw his warrant in payment of the claim specified in this Act, and the State Treasurer is hereby directed to pay the same.

Leave of absence to Elko County Clerk.

Chap. XVI.–An Act granting leave of absence to A. G. Dawley, County Clerk of Elko County.

[Approved February 13, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      [Section 1.]  Leave of absence from Elko County and the State of Nevada is hereby granted to A. G. Dawley, County Clerk of said county, for the period of four months, to be taken during either one of the years 1909 or 1910; provided, said A. G. Dawley shall leave in his office during his absence a competent deputy or deputies to perform the necessary work of his office.

Certain property exempted from taxation.

Proviso.

Chap. XVII.–An Act to amend an Act entitled “An Act to provide revenue for the support of the Government of the State of Nevada and repeal certain Acts relating thereto,” approved March 23, 1891.

[Approved February 13, 1909.]

      *Section 1.  The third subdivision of Section 5 of the above-entitled Act, being Section 1081 of the Compiled Laws of Nevada (Cutting edition, 1900), is amended to read as follows:

      Third-Churches, chapels, and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto; provided, that when any such property is used for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.

      [*The enacting clause-The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:-does not appear in the enrolled bill.]

Salary of Rawhide Justice of the Peace.

Chap. XVIII–An Act to fix the salary of the Justice of the Peace of Rawhide Township, Esmeralda County, State of Nevada.

[Approved February 13, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act the Board of County Commissioners of Esmeralda County are hereby authorized and directed to appropriate from the treasury of said county, and pay to the regularly elected or appointed Justice of the Peace of Rawhide Township, of said county, the sum of one hundred and fifty dollars monthly, as a salary, which shall be compensation in full for all services rendered in criminal cases; provided, that said Justice of the Peace shall retain all fees in civil cases now allowed by law.

treasury of said county, and pay to the regularly elected or appointed Justice of the Peace of Rawhide Township, of said county, the sum of one hundred and fifty dollars monthly, as a salary, which shall be compensation in full for all services rendered in criminal cases; provided, that said Justice of the Peace shall retain all fees in civil cases now allowed by law.

      Sec. 2.  This Act to be in full force and effect until January 1, 1911.

      Sec. 3.  The regularly elected or appointed Justice of the Peace of said township and county shall pay into the county treasury each month all money collected by him as fees in criminal cases.

      Sec. 4.  All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

Proviso.

In effect January 1, 1911.

Criminal fees to go to county.

Repeal.

Chap. XIX.–An Act to fix the salary of the Constable of Rawhide Township, Esmeralda County, State of Nevada.

[Approved February 13, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act the Board of County Commissioners of Esmeralda County are hereby authorized and directed to appropriate from the treasury of said county, and pay to the regularly elected or appointed Constable of Rawhide Township, of said county, the sum of one hundred and fifty dollars monthly, as a salary, which shall be compensation in full for all services rendered; provided, that said Constable shall be allowed to retain all fees in civil cases now allowed by law, and criminal cases performed outside of his township he shall be allowed his necessary expenses, but in no event shall said Constable charge or collect any fees for services by him rendered to the State of Nevada, or to Esmeralda County, within his said township.

      Sec. 2.  This Act to be in full force and effect until January 1, 1911.

      Sec. 3.  All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

Salary of Rawhide Constable.

Allowed certain expenses.

In effect January 1, 1911.

Repeal.

Emergency School Fund created.

Appropriation from General Fund, $3,000.

For districts formed after regular apportionment.

Conditions before money is distributed.

Basis of distribution.

But one apportionment to each district from Emergency Fund.

Chap. XX.–An Act to provide an Emergency School Fund for new School Districts, prescribing its use and manner of disbursement, and other matters properly connected therewith.

[Approved February 13, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  At the time of the apportionment of money in the State Distributive School Fund in January and July of each year, the Superintendent of Public Instruction, before making such apportionment, shall set aside from said fund the sum of three thousand dollars, the same to constitute and be known as the Emergency School Fund; and he shall at once notify the State Controller and the State Treasurer of his action; provided, that there is hereby appropriated from the State General Fund the sum of three thousand dollars, which is to constitute the Emergency School Fund until the next apportionment of money in the State Distributive School Fund in July, 1909.

      Sec. 2.  The Emergency School Fund, or such portion thereof as the State Board of Education shall deem advisable, shall be used as hereinafter provided for payment of a teacher’s salary in any legally constituted School District formed after the regular apportionment in January and July of any year and not consisting mainly or wholly of census children and territory theretofore included in an established School District.

      Sec. 3.  Before any portion of the Emergency School Fund is distributed to any School District that may be entitled thereto under the provisions of this Act, the Superintendent of Public Instruction shall cause a census to be taken and shall satisfy himself that a competent teacher has been employed and that a suitable building has been provided.

      Sec. 4.  The money in the Emergency School Fund, or such part thereof as may be necessary, shall be distributed to the various districts entitled thereto on the basis of teachers-one teacher to every fifty census children, or fraction thereof; and not more than two hundred and fifty dollars shall be allowed for any one teacher. The money thus distributed shall be used only for the payment of salaries of teachers. The Superintendent of Public Instruction shall submit to the State Board of Education lists of School Districts entitled to money under the provisions of this Act, and estimates of the amount of money necessary for each district.

      Sec. 5.  Not more than one apportionment shall be made to any one School District from the Emergency School Fund. But at the general apportionments thereafter such district shall be entitled to its share of the State Distributive School Fund and of the general school fund of the county in which the district is located, the census provided for in Section 3 of this Act serving as the basis of apportionment until the general school census is available therefor.

      Sec. 6.  Upon the approval by the State Board of Education of the amounts to be distributed, the Superintendent of Public Instruction shall draw his order on the State Controller for the sum to be sent from the Emergency School Fund to any county, and the State Controller shall thereupon draw his warrant on the State Treasurer therefor, and the State Treasurer shall pay over the money to the County Treasurer, or Treasurer named. The Superintendent of Public Instruction shall inform the County Auditor and the County Treasurer of any county to which money is thus sent, of the amount set aside for any School District or districts in that county; and such money shall be applied by the Board or Boards of School Trustees thereof for the purpose named in this Act, and disbursed in the manner prescribed by law.

      Sec. 7.  Any money remaining in the Emergency School Fund on the thirty-first day of December of any year shall revert to the State Distributive School Fund.

      Sec. 8.  This Act shall take effect upon approval.

State Board of Education to approve.

Residue to revert.

Chap. XXI.–An Act to amend an Act entitled “An Act fixing and regulating the salaries and fees of certain officers of Washoe County, Nevada, and providing for the payment of the same,” approved March 28, 1907.

[Approved February 13, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      [Section 1.]  Section one of said Act is hereby amended to read as follows:

      Section 1.  From and after the approval of this Act the Justices of the Peace and Constables of Reno, Sparks, Wadsworth, Olinghouse, and Verdi Townships, in Washoe County, Nevada, shall be allowed salaries and fees as follows, to wit: The Justice of the Peace of Reno Township, twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each; the Justice of the Peace of Sparks Township, twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each; the Justice of the Peace of Wadsworth Township, nine hundred dollars per annum, payable in twelve monthly installments of seventy-five dollars each; the Justice of the Peace of Olinghouse Township, six hundred dollars per annum, payable in twelve monthly installments of fifty dollars each; the Justice of the Peace of Verdi Township, six hundred dollars per annum, payable in twelve monthly installments of fifty dollars each; the Constable of Reno Township, twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each; the Constable of Sparks Township, twelve hundred dollars per annum, payable in twelve monthly installments of one hundred dollars each; the Constable of Wadsworth Township, seven hundred and twenty dollars per annum, payable in monthly installments of sixty dollars each; the Constable of Olinghouse Township, four hundred and eighty dollars per annum, payable in twelve monthly installments of forty dollars each; the Constable of Verdi Township, four hundred and eighty dollars per annum, payable in twelve monthly installments of forty dollars each.

Salaries of Justices of the Peace and Constables of Washoe County.

Officers to retain civil fees.

Commissioners to allow salaries.

twelve monthly installments of one hundred dollars each; the Constable of Wadsworth Township, seven hundred and twenty dollars per annum, payable in monthly installments of sixty dollars each; the Constable of Olinghouse Township, four hundred and eighty dollars per annum, payable in twelve monthly installments of forty dollars each; the Constable of Verdi Township, four hundred and eighty dollars per annum, payable in twelve monthly installments of forty dollars each.

      Sec. 2.  In addition to the salaries mentioned in the preceding section the said officers shall be entitled to collect and retain the fees, in civil cases only, as are now provided by law.

      Sec. 3.  The Board of County Commissioners of Washoe County, Nevada, shall allow the salaries named in section one of this Act as other salaries are allowed, the Auditor shall draw his warrants for the same, and the County Treasurer shall pay the same.

Salaries of Lyon County Commissioners.

Repeal.

In effect.

Chap. XXII.–An Act to amend section seven of an Act entitled “An Act consolidating certain county offices in Lyon County and regulating the compensation of the county officers in said county,” approved March 16, 1891; approved February 18, 1893; approved March 20, 1895.

[Approved February 18, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section seven of the above-entitled Act is amended so as to read as follows:

      Section 7.  From and after the passage of this Act, the County Commissioners of Lyon County shall each receive an annual salary of six hundred dollars ($600) and mileage allowed by law; provided, that while any one of said County Commissioners is acting as Road Supervisor, he shall receive ten cents per mile each way for the actual number of miles traveled; and further provided, that the amount of said mileage shall not exceed the sum of one hundred dollars per annum for each Road Supervisor.

      Sec. 2.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

      Sec. 3.  This Act shall take effect immediately upon its passage.

Chap. XXIII.–An Act to provide for the relief of J. W. Sitton.

[Approved February 18, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of six hundred dollars ($600) is hereby appropriated out of any moneys in the general county fund of Churchill County treasury, not otherwise appropriated, to be paid to J. W. Sitton for extra services performed in the office of the County Clerk of Churchill County during the years of 1907 and 1908.

      Sec. 2.  The County Auditor of said Churchill County is hereby directed to draw his warrant in favor of the said J. W. Sitton for the amount named in this Act, and the County Treasurer of said Churchill County is hereby directed to pay the same.

Relief of J. W. Sitton.

Churchill County to pay.

Chap. XXIV.–An Act for the relief of Arley B. Show and J. E. Wier for services rendered to, and money expended for, the Nevada Historical Society.

[Approved February 18, 1909.]

      Whereas, It became necessary on the part of the Executive Council of the Nevada Historical Society to exceed the sum of their appropriation for the years 1907 and 1908 by reason of the rapid and unforeseen growth of the Society work; and

      Whereas, The gift of the Stewart collection of manuscripts and books, and the existence of other available but easily destructible materials, required the Secretary to spend four months of the college year in field work and in providing for the materials thus collected; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of six hundred and eighty-one dollars and sixty-five cents is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, in payment of the following claims:

      Prof. Arley B. Show, salary as assistant for December, $100; Miss J. E. Wier, expenses paid by her as follows: Salary of assistant, September to November, 1908, $300; rent for December, $25; traveling expenses, October 9 to December 21, 1908, $138.90; printing, $15.75; postage, $9; telephones and telegrams, $4.60; lumber for cases, $28.20; stationery and camera supplies, $18.35; boxes for packing and labor, $24, burlap, $3.60; stenographer, $2; transfer, $7.05; books, $4.20; Indian water bottle, $1. Total, $681.65.

      Sec. 2.  The State Controller is hereby directed and required to draw his warrant in favor of the persons above

Preamble.

To pay deficiencies.

Duties of Controller and Treasurer.

named for the several amounts specified in this Act, and the State Treasurer is hereby directed and required to pay the same.

Unlawful for employers to receive or demand any consideration for hiring or retaining employees.

Penalty.

Exception.

Chap. XXV.–An Act making it unlawful for any person or persons, firm, company, association or corporation, either as principal or agent, to charge, or demand, or receive, or attempt to charge, or to demand, or to receive, any money or other thing of value, from any person or persons whomsoever, upon the promise of hiring or retaining such person or persons, in any employment whatsoever, or by threatening to discharge such person or persons from any such employment, and providing for a punishment for the violation thereof.

[Approved February 18, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for any person or persons, firm, company, association or corporation, either as principal or agent, to charge, or receive, or demand, or attempt to charge or receive or demand, any money or other thing of value, from any person or persons whomsoever, upon the promise of hiring or retaining such person or persons in any employment whatsoever, or by threatening to discharge such person or persons from any such employment, whether or not such person or persons, firm, company, association or corporation, either as principal or agent, may have the right or authority to employ, or retain, or discharge such person or persons, in, or from any such employment whatsoever.

      Sec. 2.  Any person or persons convicted of the violation of any of the provisions of the above Act shall be punished by imprisonment in the State Prison for a term of not less than one year nor more than three years.

      Sec. 3.  This Act shall not apply to any duly and regularly licensed intelligence office for the employment of persons.

Logan Experiment Farm.

Chap. XXVI.–An Act to provide for the maintenance, operation and necessary equipments for the State Agricultural Experiment Farm, situated at Logan, Lincoln County, Nevada, for the years 1909-1910, and making an appropriation therefor.

[Approved February 18, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of maintaining and operating the State Agricultural Experiment Farm, located at Logan, Lincoln County, Nevada, for the years 1909-1910, and providing necessary equipment therefor, the sum of twelve thousand dollars is hereby appropriated out of any money, not otherwise appropriated.

sand dollars is hereby appropriated out of any money, not otherwise appropriated. The State Controller is directed to draw his warrant upon the State Treasurer in favor of the claimants under this appropriation, when their claims have been approved by the the Board of Control and by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same.

Appropriation, $12,000.

Chap. XXVII.–An Act to amend an Act entitled “An Act concerning crimes and punishments,” approved November 26, 1861.

[Became a law February 20, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section fifty-nine of said Act is hereby amended to read as follows:

      Section 59.  Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.

      Every burglary committed in the night-time is burglary of the first degree, and every burglary committed in the daytime is burglary of the second degree.

      Burglary of the first degree is punishable by imprisonment in the State Prison for not less than one nor more than fifteen years.

      Burglary of the second degree is punishable by imprisonment in the State Prison for not more than five years.

      Whenever burglary is committed upon a railroad train, in motion or in rest, in this State, and it cannot with reasonable certainty be ascertained in what county said crime was committed, the offender may be arrested and tried in any county through which said railroad train may have run.

      The phrase “night-time,” as used in this section, means the period between sunset and sunrise.

      Sec. 2.  This Act shall take effect from and after its approval.

________

                                                                                       State of Nevada-Executive Chamber,

                                                                                             Carson City, February 20, 1909.

Secretary of State, Carson City, Nevada.

      Sir: Senate Bill No. 11-An Act to amend an Act entitled “An Act concerning crimes and punishments,” approved November 26, 1861-having been retained by me for a period longer than five days (Sunday excepted), has become a law without my signature by constitutional operation, and I herewith transmit same to your office.

                                Respectfully,                                                              D. S. DICKERSON,

                                                                                                     Lieutenant and Acting Governor.

                      Attest: W. G. Douglass,

                                          Secretary of State.

Burglary defined.

First and second degree.

Punishment.

Burglary on railroad train.

Definition.

In effect.

State Board of Embalmers created.

Oath.

Officers.

Powers.

Expenses.

Meetings.

Quorum.

Examinations.

Chap. XXVIII.–An Act to establish a State Board of Embalmers; to provide a system of examination, registration and licensing of embalmers; to provide for the better protection of life and health; to prevent the spread of infectious and contagious diseases in the State; and to impose penalties for the violation of its provisions.

[Approved February 20, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Governor, as soon as practical, after the passage of this Act, shall appoint three persons who shall be practical and practicing embalmers. One of the persons so appointed shall hold office for one year; one for two years; one for three years, unless sooner removed. Appointments to fill vacancies caused by death, resignation or removal before the expiration of the terms shall be made for the residue of such term by the Governor. And all appointments to fill vacancies caused by the expiration of such terms shall be made in the same manner, and shall be for a period of three years.

      Sec. 2.  The members of such Board before entering on their duties shall respectively take, and subscribe, to the oath required by other State officers, which shall be filed in the office of the Secretary of State, who is hereby authorized to administer same. They shall have power to select out of their own number a president, secretary and treasurer, and adopt such regulations for the transaction of business of the Board of Embalmers and management of its affairs as they may deem expedient. The members of the said Board shall receive no salary as such, but the actual traveling expenses spent by its members shall be paid out of the receipts as hereinafter directed.

      Sec. 3.  Said Board shall meet at least once every year, and may also hold special meetings, if the proper discharge of its duties shall require, at a time and place to be fixed by the rules and by-laws of the Board, and the rules and by-laws of the Board shall provide for the giving of timely notice of all special meetings to all members of the Board and to all applicants for licenses. Two of its members at any meeting may organize, and shall constitute a quorum for the transaction of business.

      Sec. 4.  The members of this Board shall examine candidates for licenses on the subject of embalming and care, transportation and preservation of deceased persons; also on the subject of sanitary disinfection for the prevention of the spread of infectious and contagious diseases, in accordance with the rules of the State Board of Health.

      Sec. 5.  Every person who wishes to practice the profession of embalming shall appear before the State Board of Embalmers and upon the payment of a fee not to exceed ten dollars, to cover expenses of examination, be examined in the knowledge of embalming, sanitation, disinfecting bodies of deceased persons, and the clothing, excreta, and anything likely to be infected in cases of death from infectious or contagious diseases, in accordance with the rules and regulations of the State Board of Health.

ers and upon the payment of a fee not to exceed ten dollars, to cover expenses of examination, be examined in the knowledge of embalming, sanitation, disinfecting bodies of deceased persons, and the clothing, excreta, and anything likely to be infected in cases of death from infectious or contagious diseases, in accordance with the rules and regulations of the State Board of Health. Such examination shall be in writing and by actual demonstration on cadaver. All examination papers shall be kept on record by said State Board of Embalmers, and if the applicant be of good moral character and shall have had one year of actual training in practical embalming, either in a college prescribing a course in the science of embalming, or as an assistant to a practicing embalmer, and pass such examination, the said Board must issue to said applicant license to practice the profession of embalming for one year. If the applicant desires a renewal of the license the said Board shall grant it, except for cause, and the annual fee for the renewal of licenses shall not exceed the sum of two dollars.

      Sec. 6.  Said Board is hereby authorized to adopt and use a common seal, and any description of any matter of evidence in the office of said Board with the certificate of the secretary thereon attached under the seal of said Board shall be competent evidence of such matter of record in any court in this State. All licenses shall be signed by the President and Secretary of the State Board and attested by its seal, and shall specify the name of the person to whom issued. Every license shall be non-assignable and non-transferable and shall be displayed by such licensee in a conspicuous place in his, or her, office or place of business.

      Sec. 7.  Any person who shall practice, or hold himself or herself out as practicing the profession of embalming of human dead bodies, without having complied with the provisions of this Act, shall be guilty of a misdemeanor and upon conviction thereof before any court of competent jurisdiction shall be sentenced to pay a fine of not less than twenty-five dollars, nor more than five hundred dollars, for each and every offense; provided, that nothing in this Act contained shall be construed to apply to persons engaged as layers-out, or shrouders of the dead, or to the employees of any cemetery whose duty or business extends no further, nor to officials or employees of any State institution.

      Sec. 8.  All fees collected under the provisions of this Act shall be paid to the treasurer of the State Board of Embalmers to be used for the purpose of defraying its necessary expenses; and the treasurer of the State Board shall give bond in the sum of five hundred dollars to the approval of the said Board for the honest and faithful discharge of his duties. It shall be the duty of said Board on or before the first Monday of December of each and every year to make a report in writing to the Governor of this State containing detailed statement of nature of receipts and manner of expenditures, and any balance of money remaining at the end of the year as balance over necessary expenses, traveling expenses of Board included in the discharge of their duties as such, except a reserve not to exceed five hundred dollars, to be held as an emergency fund to meet the extraordinary expenses as herein contained, shall be paid into the General School Fund.

Embalmers must pass examination.

Licenses for embalming.

Seal of Board.

Licenses non-transferable.

Penalties.

Exceptions.

Fees.

Bond of Treasurer.

Expenses.

Residue to go to General Fund.

Board to recognize other licenses.

Other sanitary laws not affected.

In effect Sept. 1, 1909.

statement of nature of receipts and manner of expenditures, and any balance of money remaining at the end of the year as balance over necessary expenses, traveling expenses of Board included in the discharge of their duties as such, except a reserve not to exceed five hundred dollars, to be held as an emergency fund to meet the extraordinary expenses as herein contained, shall be paid into the General School Fund.

      Sec. 9.  The State Board of Embalmers shall recognize licenses issued previous to the passage of this Act, or at any other time by other State Boards of Embalmers, and State health authorities, and upon presentation of such licenses shall issue the regular license to holders of such license and certificate of competency.

      Sec. 10.  All laws in force in this State pertaining to the disposition, shipment, or burial of human dead bodies, or regulations of the State Health Department relating thereto, shall be and are in nowise affected by the provisions of this Act.

      Sec. 11.  This Act shall take effect on and after September first, A. D. 1909.

Ormsby County to issue bonds.

Bonds, how prepared.

Chap. XXIX.–An Act to authorize the Board of County Commissioners of Ormsby County to issue bonds for the purpose of creating a fund for redeeming all outstanding Agricultural Association bonds of Ormsby County as the same become due, also the amount of Ormsby County’s indebtedness to the City of Carson, and for constructing, improving and maintaining public roads and bridges in Ormsby County, State of Nevada.

[Approved February 20, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Ormsby County, Nevada, is hereby authorized and empowered to prepare and issue bonds of said county, after the first day of April, 1909, for an amount not exceeding the sum of forty thousand dollars, exclusive of interest, for the purpose of providing funds for redeeming all outstanding Agricultural Association bonds of Ormsby County as the same become due, also the amount of Ormsby County’s indebtedness to the City of Carson, and for constructing, improving and maintaining public roads and bridges in Ormsby County, State of Nevada.

      Sec. 2.  The Board of County Commissioners of said county may cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the Chairman of the Board, countersigned by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered, and signed by the Chairman of said Board and the County Treasurer.

interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered, and signed by the Chairman of said Board and the County Treasurer.

      Sec. 3.  The Clerk of the Board of County Commissioners shall keep a record of all proceedings under the provisions of this Act, showing the number and date of each bond and to whom issued.

      Sec. 4.  The Board of County Commissioners of Ormsby County is hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be issued for amounts of five hundred and one thousand dollars each. They shall be numbered from one to sixty consecutively, and the first forty (40) of said bonds shall be for the amount of five hundred dollars each, and the last twenty (20) for the amount of one thousand dollars each, and the interest on the same shall not exceed six per cent per annum, payable annually on the first Monday in July of each year at the office of the County Treasurer of Ormsby County, and in no case shall any of said bonds run for a longer period than twenty years.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid to the County Treasurer of said county, and said Treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the “Ormsby County Agricultural Redemption, Carson City Redemption, and County Road and Bridge Fund,” and pay out said moneys only in the manner now required by law for the payment of the same, and for the purposes for which the same were received.

      Sec. 7.  The said Board of County Commissioners is hereby authorized and directed to use the money arising from the sale of said bonds for redeeming all outstanding Agricultural Association bonds of Ormsby County, as the same become due, also the amount of Ormsby County’s indebtedness to the City of Carson, and for constructing, improving and maintaining public roads and bridges in Ormsby County, State of Nevada.

      Sec. 8.  The said County Treasurer shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this Act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 9.  For the purpose of creating a fund for the payment of the bonds authorized by this Act, and the interest thereon, the Board of County Commissioners of Ormsby County is hereby authorized and required to levy and collect annually a special tax on the assessed value of all property (subject to taxation), both real and personal, including proceeds of mines within the boundaries of said Ormsby County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, consecutively, at least four bonds each year beginning with the first Monday in July, 1910, until all of said bonds of the denomination of five hundred dollars are redeemed, after which likewise to levy and collect an amount sufficient to pay the interest and retire annually at least two bonds of the denomination of one thousand dollars each until the whole of said bonds and the interest thereon are fully redeemed.

Clerk to keep record.

Commissioners to negotiate sale of bonds.

Provisos.

Denomination.

Interest.

“Ormsby County Agricultural Redemption, and County Road and Bridge Fund.”

Uses of money from sale of bonds.

County Treasurer liable.

Tax levy for redemption of said bonds.

Interest paid, and certain bonds redeemed, annually.

Residue to revert.

Duties of Ormsby County officers.

Interest to cease.

Faith of State pledged.

a special tax on the assessed value of all property (subject to taxation), both real and personal, including proceeds of mines within the boundaries of said Ormsby County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, consecutively, at least four bonds each year beginning with the first Monday in July, 1910, until all of said bonds of the denomination of five hundred dollars are redeemed, after which likewise to levy and collect an amount sufficient to pay the interest and retire annually at least two bonds of the denomination of one thousand dollars each until the whole of said bonds and the interest thereon are fully redeemed. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereon shall be kept by the County Treasurer in a special fund to be known as the “Ormsby County Agricultural Redemption, Carson City Redemption, and County Road and Bridge Fund.”

      Sec. 10.  It shall be obligatory on said county and its proper officers to fully pay the interest on said bonds annually, and to fully pay and retire at least four of said bonds on the first Monday in July, 1910, beginning with the first number thereof, and four annually thereafter, consecutively numbered, until the forty (40) “five-hundred dollar bonds” are redeemed; and thereafter annually to fully pay the interest annually and to redeem two (2) “one-thousand dollar bonds” until the whole of said bonds are redeemed.

      Sec. 11.  Whenever the bonds and interest provided for in this Act shall have been fully paid, the tax authorized by this Act shall cease, and all moneys remaining in said bond fund shall, by order of the Board of County Commissioners, be transferred to the general fund of said county.

      Sec. 12.  Whenever the County Treasurer shall redeem any of the bonds issued under the provisions of this Act, he shall cancel the same by writing across the face thereof, “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the County Auditor, taking his receipt therefor, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the Auditor shall credit the Treasurer on his books for the amount so paid.

      Sec. 13.  Should the holder of said bonds or any part thereof, for any cause whatever, fail to present said bonds to the said County Treasurer for payment as they become due, all interest shall thereafter immediately stop.

      Sec. 14.  The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full, as in this Act specified.

Chap. XXX.–An Act fixing and regulating the salary of the District Attorney of Washoe County, Nevada, authorizing the appointment of an Assistant District Attorney and fixing and regulating the salary of same, and providing for the allowance of certain expenses.

[Approved February 20, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act the District Attorney of Washoe County shall receive the salary of three thousand dollars per year.

      Sec. 2.  The said District Attorney of Washoe County, Nevada, is hereby authorized to appoint an Assistant District Attorney, who shall receive a salary of twenty-four hundred dollars per annum.

      Sec. 3.  The Board of County Commissioners of Washoe County shall allow said salaries, the County Auditor shall draw his warrants for the same, and the County Treasurer shall pay said warrants out of the general fund of Washoe County.

      Sec. 4.  In addition to the amount mentioned in section one of this Act, the District Attorney of Washoe County shall be allowed all expenses actually incurred in the proper discharge of the duties of his office.

      Sec. 5.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Salary of Washoe County District Attorney.

Assistant.

Salaries to be allowed.

Certain expenses allowed.

Repeal.

Chap. XXXI.–An Act amendatory of a certain Act entitled “An Act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a State Engineer and Assistant State Engineer, and fixing their compensation, duties and powers, defining the duties of the State Board of Irrigation, providing for the appointment of Water Commissioners, and defining their duties,” approved February 26, 1907, and to provide a fee system for, the certification of the records of, and an official seal for, the State Engineer’s office, and other matters relating thereto.

[Approved February 20, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section five of this Act is hereby amended to read as follows:

      Section 5.  The maximum quantity of water which may hereafter be appropriated for irrigation purposes in the State of Nevada, shall be as follows: In all parts of the State where water cannot be beneficially used for irrigation for a greater period than six months each year, the maximum quantity appropriated for each acre shall not exceed three (3) acre-feet per annum.

Maximum quantity of water for irrigation defined.

Office of State Engineer created.

Salary, duties and qualifications.

Assistant State Engineer; salary; other assistants.

where water cannot be beneficially used for irrigation for a greater period than six months each year, the maximum quantity appropriated for each acre shall not exceed three (3) acre-feet per annum. In all parts of the State where water is beneficially used for irrigation for a period of nine months or more in each year, the maximum quantity of water that may be appropriated shall not exceed three (3) acre-feet for the five months beginning May 15th and extending to October 15th of each year, for each acre of land supplied, and the maximum quantity of water that may be appropriated for each acre during the remainder of each year shall not exceed one-half of one acre-foot multiplied by the number of months of each year other than the five months hereinbefore named, during which water is so beneficially used.

      Sec. 2.  Section eight of said Act is hereby amended to read as follows:

      Section 8.  The office of State Engineer is hereby created. The State Engineer shall be appointed by the Governor, and shall receive a salary of thirty-six hundred dollars ($3,600) per year, payable in equal monthly installments by the State Treasurer, on warrants drawn by the State Controller. He shall keep his office at the State Capitol. No person shall be appointed as State Engineer who does not have such training in hydraulic engineering, and such practical skill and experience as shall fit him for the position. He shall hold his office at the pleasure of the Governor, but his successor shall in all cases have the foregoing qualifications and recommendations.

      Sec. 3.  Section eleven of said Act is hereby amended to read as follows:

      Section 11.  The State Engineer shall, when necessary, have power to employ one Assistant Engineer at a salary of twenty-four hundred dollars ($2,400) per annum, one clerk at a salary of twelve hundred dollars ($1,200) per annum, one stenographer at a salary of nine hundred dollars ($900) per year, and two field engineers at a salary of one hundred and fifty dollars ($150) per month, each. The several respective salaries hereinabove mentioned are hereby made payable in equal monthly installments by the State Treasurer upon warrants drawn by the State Controller. The State Engineer shall, when necessary, also have the power to employ six field men at a compensation not exceeding two dollars and fifty cents ($2.50) per diem each, and such other assistants as may from time to time be necessary, at a total additional expense not exceeding one thousand dollars ($1,000) per annum. The compensation for such field men and such additional assistants shall be paid on the certificates of the State Engineer and the approval of the State Board of Examiners, upon the warrants drawn by the State Controller upon the State Treasurer. The State Engineer may also appoint as Assistant Engineers and as additional assistants, such other persons in the service of the United States Reclamation Service as may be designated by the Secretary of the Interior, or Director of the United States Reclamation Service, but such other Assistant Engineers, and such other additional assistants, shall be entitled to no compensation whatever from the State of Nevada for any service or services that may be rendered by them, and no expense shall be incurred nor paid therefor by the State Engineer.

Reclamation Service as may be designated by the Secretary of the Interior, or Director of the United States Reclamation Service, but such other Assistant Engineers, and such other additional assistants, shall be entitled to no compensation whatever from the State of Nevada for any service or services that may be rendered by them, and no expense shall be incurred nor paid therefor by the State Engineer.

      Sec. 4.  Section twelve of said Act is hereby amended to read as follows:

      Section 12.  When the State Engineer, the Assistant Engineer, field engineers, or field men are called away from the office in the performance of official duty, each of them shall be entitled to his actual traveling and other necessary expenses, which shall be paid on the certificate of the State Engineer, approved by the State Board of Examiners, and the State Controller shall draw his warrant on the State Treasurer for the payment of such expenses.

      Sec. 5.  Section twenty-five of said Act is hereby amended to read as follows:

      Section 25.  If said application is not corrected and refiled within said sixty days, no further proceedings shall be had on such application, in which event the State Engineer shall have the power, and it is hereby made his duty, to cancel said application and all proceedings thereunder. When any application is filed in compliance with this Act, the State Engineer shall, within thirty days, at the expense of the applicant, to be paid in advance as herein provided, publish or cause to be published, in some newspaper having a general circulation, and printed and published in the county where such water is sought to be appropriated, a notice of the application, showing by whom made, the quantity of water sought to be appropriated, the stream from which, and the point at which such appropriation is to be made, the use for which and by what means said water is to be appropriated, which notice shall be published in said newspaper once a week for a period of at least four successive weeks; and within ninety days from the time of filing such application there shall be filed in the office of the State Engineer an affidavit from the publisher or manager of said newspaper, stating that such publication was had in compliance with said Act, the dates of the issues of said newspaper wherein such publications were made, and that such newspaper is a newspaper having a general circulation, and that the affiant is the publisher or manager thereof, as aforesaid. Any person, corporation, or association interested may, at any time within thirty days after the completion of the publication of said notice, file with the State Engineer a written protest against the granting of said application, stating the reasons therefor, and thereupon the State Engineer shall fix a time for the hearing of such application and protest, and the time so fixed shall not be less than fifteen days after the filing of such protest.

Expenses of State Engineer and assistants.

Duties of State Engineer.

Publication of notices.

Further duties of State Engineer.

State Engineer to refuse applications, when.

Proviso.

Fees to be charged by State Engineer.

such protest. Upon such hearing the State Engineer may, in his discretion, hear evidence in support of or against such application, and shall take such action thereon as he may deem proper and just; but vested rights to the use of such waters shall in no wise be lost, prejudiced or impaired by failure to protest against an application to appropriate under the provisions of this Act.

      Sec. 6.  Section twenty-six of said Act is hereby amended to read as follows:

      Section 26.  If there is not unappropriated water in the source of supply, or if such change of place of diversion or manner of use will in any substantial way invade or impair the rights of other appropriators, the State Engineer shall refuse such appropriation, endorse his refusal upon the application, make a record of his refusal and endorsement in his office, and return the application so endorsed to the applicant, who shall not prosecute the work under his application so long as such refusal shall be in force, under penalty of being deemed guilty of and punished for a misdemeanor. If there is unappropriated water in the source of supply named, and the appropriation is not detrimental to the public welfare, or the proposed change of place of diversion and manner of use will not invade or impair the rights of other appropriators, the State Engineer shall approve the application, and set a date prior to which work of diversion and appropriation must be begun, and a date prior to which such work must be completed, endorse such approval upon the application, make a record of such approval and endorsement in his office, and return the application so endorsed to the applicant, who shall, on receipt thereof, be authorized to take such measure as may be necessary to perfect such appropriation; provided, however, that the State Engineer may approve an application for a less amount of water than that named in the application. Any person changing his place of diversion or manner of use, as specified in this Act, shall not thereby lose any priority of right upon the stream he may have heretofore acquired. Any person, association or corporation, who shall receive a permit to appropriate any of the public waters of this State, under the provisions of this Act, shall file with the State Engineer, within thirty days after the time required by such permit for the commencement of work thereunder, an affidavit stating the time when, the place where, and the amount of such work which has been done under said permit. If such affidavit shall not be so filed, the State Engineer shall, unless good cause for extension of time within which to file such affidavit be shown, cancel said permit.

      Sec. 7.  A new and further section is hereby added to and the same shall be and is hereby incorporated in said Act, and shall be known and designated as Section 26a, as follows:

      Section 26a.  It is hereby made the duty of the State Engineer to charge, and he shall charge, for all services rendered under the provisions of this Act, the following fees:

neer to charge, and he shall charge, for all services rendered under the provisions of this Act, the following fees:

      1.  For filing application for permit, twenty-five dollars ($25), which shall include the expense of publication and the issuance of such permit, if the same shall issue, and such expense of publication is hereby fixed at the sum of ten dollars ($10), which sum shall be paid on the certificate of the State Engineer, approved by the State Board of Examiners, and the State Controller shall draw his warrant on the State Treasurer for the payment of such expense of publication.

      2.  For filing proof of beneficial use, two dollars, which shall include certificate thereof, if the same shall issue.

      3.  For filing each transfer, agreement, assignment, waiver, release, relinquishment, deed, affidavit (other than affidavit of proof of appropriation) or other paper, one dollar ($1).

      4.  For copying papers on file or of record in his office, ten cents (10c) per folio, and for each certification under seal, fifty cents (50c).

      All fees collected under the provisions of this Act by the State Engineer shall be paid by him into the State Treasury at least once in each month, and the same shall become a part of the General Fund; and at the time of such payment the State Engineer shall deliver to the State Treasurer an itemized account, duly certified by him, showing the names of the persons by whom such fees are paid, and the purposes for which such payments were made.

      Sec. 8.  A new and further section is hereby added and the same shall be and is hereby incorporated in said Act, and shall be known and designated as Section 26b, as follows:

      Section 26b.  The State Engineer acting for himself or by his assistant, shall have the power, and it is hereby made his duty, upon application of any person, persons, association or corporation, to issue under the seal of his office, at the expense of the applicant, certified copies of all papers or records which may be on file or of record in his office, and when so certified the same shall be admissible in evidence and shall be prima facie evidence of the facts stated therein.

      Sec. 9.  A new and further section is hereby added to and the same shall be and is hereby incorporated in said Act, and shall be known and designated as Section 26c, as follows:

      Section 26c.  The State Engineer is hereby empowered and directed to procure, for his said office, a seal upon which shall appear his official title, and such other suitable inscription as he may deem proper, and such seal shall be affixed upon all official permits, certificates and other documents issued by him under the provisions of this Act.

      Sec. 10.  Section 33 of this Act is hereby amended to read as follows:

      Section 33.  The sum of twenty-five thousand dollars ($25,000) is hereby appropriated to carry out the provisions of this Act, out of which said appropriation all salaries and expenses provided for herein shall be paid, in the manner and as prescribed by law.

Fees.

To go to State Treasury.

Engineer to issue certified copies of records.

Seal for State Engineer.

Appropriation, $25,000.

In effect.

of this Act, out of which said appropriation all salaries and expenses provided for herein shall be paid, in the manner and as prescribed by law.

      Sec. 11.  This Act shall take effect from and after its passage and approval.

Appropriation for Sheep Commissioners, $25,000.

Proviso.

Chap. XXXII.–An Act appropriating moneys for the support of the State Board of Sheep Commissioners.

[Approved February 24, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of twenty-four thousand dollars ($24,000) is hereby appropriated out of any moneys in the General Fund, not otherwise appropriated, as an appropriation for the purpose of carrying into effect that certain Act entitled “An Act regulating the sheep industry in the State of Nevada, creating a Board of Sheep Commissioners, defining their duties, and prescribing their compensation,” approved March 26, 1907; provided, that all moneys hereby appropriated shall be returned to the General Fund from such taxes as may be levied upon sheep as in said Act provided and required.

Bailiffs for District Court, in counties of 4,500 votes.

Judge to appoint.

Duties of Bailiff.

Chap. XXXIII.–An Act to provide for the appointment of Bailiffs for the District Courts of the several Judicial Districts of this State in the counties polling forty-five hundred or more votes; defining the powers and duties of such Bailiffs; fixing their compensation and repealing all Acts or parts of Acts in conflict with this Act.

[Approved February 24, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Judge of each District Court of this State may appoint a Bailiff for such Court in counties polling forty-five hundred or more votes; such Bailiff to be appointed and removed at the pleasure of the Judge appointing him.

      Sec. 2.  In all Judicial Districts where there are more than one Judge, each Judge may appoint a Bailiff to attend upon the division of the Court presided over by him in counties polling forty-five hundred or more votes.

      Sec. 3.  It shall be the duty of each Bailiff to preserve order in the Count, or the division to which he may be appointed; to attend upon the jury; to open and close Court, and to perform such other duties as may be required of him by the Judge of the Court.

      Sec. 4.  The said Bailiff shall be a qualified elector of the county, and shall give a bond in the sum of two thousand ($2,000) dollars, conditioned for the faithful performance of his duty, said bond to be approved by the District Judge. The Bailiff shall have all the powers of a peace officer.

      Sec. 5.  The compensation of each Bailiff for his services shall be one hundred and fifty ($150) dollars per month, and shall be paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.

      Sec. 6.  The provisions of this Act shall not be construed to authorize the Bailiff to serve any civil or criminal process, except such orders of the Court which shall be specially directed by the Court, or the presiding Judge thereof, to him for service. Nor shall it be construed as relieving the Sheriff of any duty required of him by law to maintain order in the said court room.

      Sec. 7.  The Board of County Commissioners of the respective counties shall allow the salary named in Section 5 of this Act, as other salaries are allowed to county officers, and the Auditor shall draw his warrant for the same, and the County Treasurer shall pay the same.

      Sec. 8.  All Acts or parts of Acts in conflict with this Act are hereby repealed.

Bond of Bailiff.

Salary.

Duties of Bailiff restricted.

County Commissioners to allow salary.

Repeal.

Chap. XXXIV.–An Act for the relief of the State Board of Sheep Commissioners.

[Approved February 24, 1909.]

      Whereas, During the session of the Legislature of 1907, an Act entitled “An Act regulating the sheep industry in the State of Nevada, creating a Board of Sheep Commissioners, defining their duties and prescribing their compensation,” approved March 26, 1907, was passed, and that the sum of ten thousand dollars ($10,000) was appropriated, out of the General Fund of the State Treasury, to defray the expenses of said Commission; and

      Whereas, During the Special Session of the Legislature of 1908 an additional appropriation of the sum of five thousand dollars ($5,000) was made to defray the expenses of the said Commissioners; and

      Whereas, The said appropriations were found to be inadequate to defray the expenses of the said Commissioners in the discharge of their duties, and that the said Commissioners have contracted for and become personally responsible for additional expenses amounting to the sum of two thousand one hundred and twenty-four dollars and fifty-two cents ($2,124.52), vouchers for which have been filed with the State Controller which are referred to and made a part of this resolution; now, therefore,

Preamble.

To pay deficiency of Sheep Commission.

Duties of Controller and Treasurer.

Controller which are referred to and made a part of this resolution; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  That the sum of two thousand one hundred and twenty-four dollars and fifty-two cents ($2,124.52) is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, to pay the claims of the State Board of Sheep Commissioners, said amount being due said State Board of Sheep Commissioners for money advanced and debts contracted in the discharge of their duties; provided, that all moneys hereby appropriated shall be returned to the General Fund from such taxes as may be levied upon sheep, as in said Act provided and required.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the State Board of Sheep Commissioners for the amount specified in this Act, and the State Treasurer is hereby directed to pay the same.

Regulating and licensing fishing and hunting.

Licenses to be procured from County Clerk or Fish and Game Warden.

Form of license.

Chap. XXXV.–An Act to regulate and license the hunting of game birds and animals, and the taking or catching of fish, and to provide revenue therefrom for game and fish preservation and protection, and to prescribe a penalty for the violation thereof, and to make an appropriation for the purpose of carrying out the objects of this Act.

[Approved February 26, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Every person in the State of Nevada, who hunts, pursues or kills any of the wild birds or animals, or who takes or catches any of the fishes that are protected by the laws of this State, without first procuring a license therefor, as provided in this Act, is guilty of a misdemeanor.

      Sec. 2.  Licenses granting the privilege to hunt, pursue or kill wild birds or animals, or to take or catch fish during the open season as fixed by law, shall be issued and delivered, upon application, by the County Clerk of any of the counties of this State, or by the Fish and Game Warden of any of the counties of this State, which license shall have stamped thereon the words “Hunting License No. ......... State of Nevada. Expires February 28, 19.......,” with the registration number and appropriate year stamped therein. Said licenses shall be prepared and furnished to the County Clerk by the Board of County Commissioners, which Board shall take receipt therefor by number and quantity from the County Clerk, and the County Clerk shall be responsible therefor and shall account for the same to the Auditor of said county every three months after receipt thereof.

for the same to the Auditor of said county every three months after receipt thereof.

      Sec. 3.  The license herein provided for shall be issued as follows:

      First-To any citizen of the United States who is a bona fide resident of the State of Nevada, upon payment of one dollar.

      Second-To any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of ten dollars.

      Third-To any person not a citizen of the United States, upon the payment of twenty-five dollars.

      Sec. 4.  Every person applying for and procuring a license as herein provided, shall give to the County Clerk his name and resident address, which information shall be by the Clerk or Board entered in a book kept for that purpose, and provided by said Board of County Commissioners, together with a statement of the date of issuance, the number of license issued to such person and description of such person, by age, height, race, and color of the eyes and hair.

      Sec. 5.  All licenses issued as herein provided shall be valid, and shall authorize the person to whom issued, to hunt, pursue and kill game birds and animals and to take or catch fish during the open season fixed therefor by law, on and from the first day of March, 1909, until the date of expiration stamped thereon, but no license shall continue in force for a period longer than one year.

      Sec. 6.  All moneys collected for licenses as provided herein, shall be paid into the county treasury to the credit of the Game and Fish Preservation Fund, which fund is hereby created, and the moneys in said fund shall be applied to the payment of the expenses incurred in the prosecution of offenders, and for the revenue to pay Fish and Game Wardens and deputies when necessary to hire Deputy Fish and Game Warden or Wardens.

      Sec. 7.  Not more than one license shall be issued to any one person for the same fiscal year, except upon an affidavit by the applicant that the one issued has been lost or destroyed, and no license issued as herein provided shall be transferable, or used by any other person than the one to whom it was issued.

      Sec. 8.  Every person having a license as provided herein, who while hunting or fishing refuses to exhibit such license upon the demand of any officer authorized to enforce the fish and game laws of the State, or any other peace officer of the State, shall be guilty of a misdemeanor, and every person lawfully having said license, who transfers or disposes of the same to another person to be used as a hunting or fishing license, shall forfeit the same.

      Sec. 9.  Every person violating any of the provisions of this Act shall, upon conviction thereof, be punished by a fine of not less than $10, nor more than $100, or by imprisonment in the county jail for a term of not less than five, nor more than fifty days, or by both such fine and imprisonment.

Price of licenses.

Citizens of Nevada.

Citizens of United States.

Foreigners.

County C erk to keep record.

No license good for more than one year.

License money to go to counties-Game and Fish Preservation Fund.

Lost license, how restored.

Must exhibit license.

Penalty, misdemeanor.

Punishment.

County money appropriated to carry out provisions of Act.

Exceptions.

Women and boys.

License procured in home county-valid anywhere in State.

In effect.

in the county jail for a term of not less than five, nor more than fifty days, or by both such fine and imprisonment.

      Sec. 10.  There is hereby appropriated out of any moneys in the county treasury, not otherwise appropriated, the sum of seventy-five dollars for the purpose of carrying out the provisions of this Act, to be used by the Board of County Commissioners for the printing and binding of suitable books and blanks required herein, and for the purchase of metal licenses. The County Auditor is hereby directed to draw his warrant for said amount in favor of said Board of County Commissioners at such times and in such amounts as may be needed from time to time, and the Treasurer is hereby directed to pay the same.

      Sec. 11.  The provisions of this Act shall not apply to any person who, on his own land, during the open season, hunts, pursues or kills any of the wild birds or animals, or takes or catches any of the fish protected by the laws of this State, nor to women or to boys under fourteen years of age.

      Sec. 12.  The license herein provided for shall be procured from the county of which the applicant is a resident, and may be used in any county in the State of Nevada. Non-residents of the State may procure a license in any county.

      Sec. 13.  This Act shall take effect and be in force on and after its passage.

Preamble.

Lost poll-tax receipts.

State to reimburse W. M. Weathers.

Chap. XXXVI.–An Act for the relief of W. M. Weathers.

[Approved February 26, 1909.]

      Whereas, In the year nineteen hundred and eight W. M. Weathers, the Assessor of Elko County, settled in full for all poll-tax books received from the State Controller for Elko County for that year; and

      Whereas, During the said year one poll-tax book, signed by the State Controller and charged to said W. M. Weathers, containing eighteen blank receipts, which said receipts were delivered by the said Assessor, W. M. Weathers, to the Sprucemont Mining Company, at Sprucemont, Elko County, Nevada, during the year nineteen hundred and eight, and which receipts were lost, and no value or compensation was received for them by said W. M. Weathers, who advanced and paid the value of said receipts which amounted to the value of fifty-four dollars; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of twenty-four dollars and thirty cents is hereby appropriated, out of any moneys in the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of twenty-four dollars and thirty cents in favor of W.

rant for said sum of twenty-four dollars and thirty cents in favor of W. M. Weathers, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  The Board of County Commissioners of Elko County are hereby directed and required to allow the claim of W. M. Weathers in the sum of twenty-nine dollars and seventy cents, the proportion received by the county on allowance for said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the general fund of said county for said amount, and the County Treasurer is hereby authorized and directed to pay the same.

Elko County to pay proportion.

Chap. XXXVII.–An Act creating and confirming Las Vegas School District No. 12, in Lincoln County, Nevada.

[Approved February 26, 1909.]

      Whereas, The records of the organization and establishment of boundaries of the Las Vegas School District No. 12, in Lincoln County, Nevada, are vague, indefinite and uncertain; and

      Whereas, The said School District is desirous of issuing bonds for the construction of suitable school buildings; therefore

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Las Vegas School District No. 12, in Lincoln County, State of Nevada, is hereby established and confirmed out of the following territory, to wit: All of Sections 1 to 36, inclusive, in Township 20 S. of Range 61 E., all of Sections 1 to 12, inclusive, in Township 21 S. of Range 61 E., all of Sections 3 to 10, inclusive, Sections 15 to 22, inclusive, and Sections 27 to 34, inclusive, in Township 20 S. of Range 62 E., and all of Sections 3 to 10, inclusive, in Township 21 S. of Range 62 E., Mt. Diablo base and meridian, and embracing all town sites and property within said described territory, and the said School District is hereby clothed with all the powers and authority conferred by law upon School Districts, and the present Trustees of said School District are hereby continued with all the rights and duties as now provided by law.

      Sec. 2.  This Act shall take effect immediately upon its passage.

Preamble.

Las Vegas School District No. 12, Lincoln County, established and confirmed.

Preamble.

Reimbursing W. C. Ruddell for street work in Lovelock.

Chap. XXXVIII.–An Act to provide for the relief of W. C. Ruddell.

[Approved February 26, 1909.]

      Whereas, In the year nineteen hundred and two, W. C. Ruddell, then County Commissioner of Humboldt County, expended eight hundred and fifty dollars of his private funds for the benefit and improvement of the streets of the Town of Lovelock, Humboldt County, Nevada; and

      Whereas, The said sum of eight hundred and fifty dollars has never been repaid to the said W. C. Ruddell; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Humboldt County is hereby directed and required to allow the claim of W. C. Ruddell in the sum of eight hundred and fifty dollars, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the Lovelock Town Fund for said amount, and the County Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  This Act shall take effect from and after its passage and approval.

Preamble.

Regarding high schools at Towns of Winnemucca and Lovelock.

Chap. XXXIX.

[Approved February 26, 1909.]

      Whereas, At the last general election a majority of all the votes of Humboldt County, Nevada, were cast to establish a county high school in said county; and

      Whereas, Under Section 1 of an Act of the Legislature of the State of Nevada entitled “An Act to amend an Act entitled ‘An Act permitting the establishment of county high schools in the various counties of this State, and providing for the construction, maintenance and management of the same,’ approved March 4, 1895,” approved March 15, 1907, the Board of County Commissioners of said County of Humboldt located said county high school at the Town of Winnemucca, the county-seat of said Humboldt County; and

      Whereas, Under said Section 1, a petition was duly filed with said Board of County Commissioners praying that said county high school be located at the Town of Lovelock in said County of Humboldt, and requesting that the question of such change of location be submitted to the voters of said Humboldt County at a special election to be called by said Board of County Commissioners for that purpose; and

      Whereas, Said Board of County Commissioners has ordered such special election to be held in said County of Humboldt on the 30th day of March, 1909; and

      Whereas, Such special election will entail a great expense to said Humboldt County, inasmuch as it will necessitate a new registration of the qualified voters of said County of Humboldt; and

      Whereas, The same great expense may at any time for the same reason be caused to any county in said State; and

      Whereas, Such great expense could be avoided by submitting the question of the location of any county high school at the next general election to be held in the State after any petition for such location has been filed; therefore

      Be It Resolved, That the following amendment to said Section 1 be enacted:

An Act to amend section one of an Act entitled “An Act to amend an Act entitled ‘An Act permitting the establishment of county high schools in the various counties of this State, and providing for the construction, maintenance and management of the same,’ approved March 4, 1895,” approved March 15, 1907.

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section one of said Act is hereby amended to read as follows:

      Section 1.  If a majority of the votes cast on the proposition to establish a county high school shall be in the affirmative, it shall be the duty of the Board of County Commissioners, within thirty days after canvassing said vote, to locate the high school in the place in said county which said Board shall deem most suitable and convenient for the purpose. If, after the County Commissioners shall have located said high school, there shall be presented a certified petition, bearing the signatures of at least one-fourth of the qualified voters of such county according to the last general election returns, said petition requesting a vote on the question of the location of the county high school and specifying a desired location, said Board of County Commissioners shall submit the question of such location to the voters of the county at the next general election; provided, that in all cases where any special election has been called by the Board of County Commissioners of any county in this State, prior to the passage of this Act, to submit the question of location of any county high school to the voters in any such county wherein two thousand or more votes were cast at the last general election, and wherein the assessed valuation of real and personal property is six million dollars or more, the Board of County Commissioners may, if said Board deems it to the best interest of the people of such county, establish two county high schools-one at the place selected by the Board of County Commissioners, and one at the place named in the petition presented to the said Board of County Commissioners

Preamble.

County Commissioners to establish high school.

Special election, when.

Proviso.

Two high schools, when.

praying for said special election in said county-and thereupon said Board may revoke the order calling said special election, and in such case no special election shall be held.

Salary of Justice of Peace of Argenta Township.

Proviso.

To pay all criminal fees to county.

Repeal.

Chap. XL.–An Act fixing the salary and compensation for official services of the Justice of the Peace of Argenta Township, Lander County, Nevada.

[Approved February 27, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act, the Board of County Commissioners of Lander County are hereby authorized and directed to appropriate from the treasury of said county, and pay to the regularly elected or appointed Justice of the Peace of Argenta Township of said county, the sum of one hundred dollars monthly as a salary, which shall be compensation in full for all services rendered in criminal proceedings or cases, either as Coroner or committing magistrate; provided, however, that said Justice of the Peace shall be allowed to retain all fees and commissions allowed by law in civil actions, and shall be allowed his necessary expenses while acting as Coroner in cases wherein it is necessary to hire a conveyance.

      Sec. 2.  The regularly elected or appointed Justice of the Peace of said township shall pay into the county treasury each month all moneys collected by him as fees and fines, and shall file with the Clerk of the Board of County Commissioners a sworn statement in writing of all fees and fines collected by him in all criminal cases during the month for which said salary is asked.

      Sec. 3.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Salaries of Eureka County officers.

Sheriff.

Chap. XLI.–An Act fixing the salaries and compensation of the officers of Eureka County, and repealing all Acts or parts of Acts in conflict with this Act.

[Approved February 27, 1909.]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act the county officers of Eureka County, State of Nevada, named in this Act, shall receive the following salaries and fees in full compensation for their services:

      The Sheriff shall receive a salary of one thousand eight hundred dollars per annum, and such fees, in civil cases, wherein the State of Nevada or the County of Eureka is not a party, as are provided for by law; provided, that when in criminal cases it becomes necessary for the Sheriff to travel a greater distance than twenty miles from the county-seat, but within the State of Nevada, he shall be allowed his necessary traveling expenses.

a party, as are provided for by law; provided, that when in criminal cases it becomes necessary for the Sheriff to travel a greater distance than twenty miles from the county-seat, but within the State of Nevada, he shall be allowed his necessary traveling expenses. The Sheriff shall present to the Board of County Commissioners a bill of items of such necessary expenses actually incurred, and the Board of County Commissioners shall audit and may allow such claims in the same manner as other county expenses are audited and paid. He may appoint a Deputy Sheriff, who shall act as jailer, at a compensation not exceeding ninety dollars per month.

      The District Attorney shall receive a salary of one thousand five hundred dollars per annum, and such fees as are now allowed by law; provided, that when in the proper discharge of his duties as District Attorney it becomes necessary to travel a greater distance than twenty miles from the county-seat, he shall be allowed his actual traveling expenses. The District Attorney shall present to the Board of County Commissioners a bill of items of such necessary expenses actually incurred, and the Board of County Commissioners shall audit and may allow such claims in the same manner as other expenses are audited and allowed.

      The County Clerk, who shall be ex officio County Treasurer in and for said county and ex officio Clerk of the District Court and of the Board of County Commissioners of said county, shall receive as a salary as Treasurer the sum of nine hundred dollars per annum, and as Clerk a salary of five hundred dollars per annum, and such fees, in all cases wherein the State of Nevada or the County of Eureka is not a party, as are now allowed by law to County Clerks.

      The County Recorder and ex officio County Auditor shall receive for all such services a salary of one thousand dollars per annum, and in addition thereto such fees, in all cases wherein the State of Nevada or the County of Eureka is not a party, as are now allowed by law to the County Recorder.

      The County Assessor shall receive a salary of one thousand five hundred dollars per annum.

      The County Commissioners shall receive a salary of four hundred dollars per annum and ten cents per mile in going to and from the county-seat, when attending upon the regular monthly meetings, and when meeting as a Board of Equalization and Board of Canvassers, and when meeting to consider cases of extradition, as provided by law, and they shall meet regularly on the first Monday of each month for the transaction of all business that may come before them.

      Sec. 2.  No allowance shall be made by the Board of County Commissioners for the compensation of any deputy or deputies for any officers except as herein expressly provided.

      Sec. 3.  All salaries herein provided for and not otherwise payable shall be payable in twelve equal monthly installments. The County Auditor shall, on the first Monday of each month, draw his warrant in favor of each of the officers named herein for the salary due each officer for the last preceding month, and the County Treasurer shall pay such warrant out of the salary fund.

Deputy Sheriff.

District Attorney.

County Clerk.

Recorder and Auditor.

Assessor.

Commissioners.

Mileage.

No other deputies allowed.

Salaries payable monthly.

Repeal.

each month, draw his warrant in favor of each of the officers named herein for the salary due each officer for the last preceding month, and the County Treasurer shall pay such warrant out of the salary fund.

      Sec. 4.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Salary of Washoe County Surveyor.

Commissioners to allow salary.

In effect.

Chap. XLII.–An Act providing a salary for the County Surveyor of Washoe County, in lieu of all fees, and providing for the payment of the same.

[Approved February 27, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  From and after the approval of this Act the County Surveyor of Washoe County, Nevada, shall receive a salary of six hundred dollars per annum, payable in equal monthly installments, the same as the salaries of other county officers are paid; provided, that said salary shall be in lieu of all fees for official services now required of the County Surveyor of Washoe County by law.

      Sec. 2.  The Board of County Commissioners of Washoe County shall allow the salary named in section one of this Act as other salaries are allowed, and the County Auditor shall draw his warrant for the same, and the County Treasurer shall pay the same.

      Sec. 3.  This Act shall take effect immediately.

County tax rate.

Chap. XLIII.–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act relating to county government and the reduction of the rate of county taxation,’ approved March 17, 1905.”

[Approved March 1, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

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

      Section 1.  In all counties whose tax rate for county purposes for the year 1904, exclusive of tax to pay the interest and maintain the sinking funds of the bonded indebtedness of such counties, did not exceed one dollar and fifty cents on each one hundred dollars of assessed valuation, the tax rate for such county purposes for the year 1905 shall be two and one-half cents lower on each one hundred dollars of assessed valuation than the tax rate for such county purposes was in 1904; and thereafter such tax rate shall be diminished annually at the rate of not less than two and one-half cents on the one hundred dollars of assessed valuation until it reaches seventy cents on the one hundred dollars of assessed valuation; and thereafter the permanent limitation of taxation for such county purposes, exclusive of the tax to pay the interest and maintain the sinking fund aforesaid, shall be seventy cents on the one hundred dollars of assessed valuation; provided, that, in counties whose tax rate for the year A. 

hundred dollars of assessed valuation until it reaches seventy cents on the one hundred dollars of assessed valuation; and thereafter the permanent limitation of taxation for such county purposes, exclusive of the tax to pay the interest and maintain the sinking fund aforesaid, shall be seventy cents on the one hundred dollars of assessed valuation; provided, that, in counties whose tax rate for the year A. D. 1908 was less than fifty cents on each one hundred dollars of assessed valuation, the Board of County Commissioners thereof may fix the tax rate for the year A. D. 1909, at not exceeding one dollar and thirty-five cents on each one hundred dollars of assessed valuation, and shall thereafter during each subsequent year reduce such tax rate as in this Act provided.

      Sec. 2.  Section two of said Act is hereby amended so as to read as follows:

      Section 2.  In all counties whose tax rate for county purposes for the year 1904, exclusive of the tax to pay the interest and maintain the sinking funds of the bonded indebtedness of such counties, exceeded one dollar and fifty cents on the one hundred dollars of assessed valuation, the tax rate for such county purposes for the year 1905 shall be five cents lower on each one hundred dollars of assessed valuation than the tax rate was for such county purposes in 1904; and thereafter such tax rate shall be diminished annually at the rate of not less than five cents on each one hundred dollars of assessed valuation until it reaches one dollar and fifty cents on the one hundred dollars of assessed valuation; and thereafter shall be reduced annually at the rate of two and one-half cents on the one hundred dollars of assessed valuation until it reaches seventy cents on the one hundred dollars of assessed valuation; and thereafter the permanent limitation of taxation for such county purposes, exclusive of the tax to pay the interest and maintain the sinking fund aforesaid, shall be seventy cents on the one hundred dollars of assessed valuation; provided, that in counties whose tax rate for the year A. D. 1908 was less that fifty cents on each one hundred dollars of assessed valuation, the Board of County Commissioners thereof may fix the tax rate for the year A. D. 1909 at not exceeding one dollar and thirty-five cents on each one hundred dollars of assessed valuation, and shall thereafter during each subsequent year reduce such tax rate as in this Act provided.

To be diminished.

Exception.

Other county tax rates, how determined.

Further diminution.

Exception.

Eight hours a day’s work in plaster or cement works.

Violation of this Act a misdemeanor.

Penalty.

In effect.

Chap. XLIV.–An Act to regulate the hours of labor of persons engaged or employed in mills and other institutions where plaster or cement is manufactured, so as to better protect the health and safety of those engaged in such work or occupation, and providing penalties for a violation thereof.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The period of employment of all persons engaged or employed in any mill or other institution wherein plaster or cement is manufactured shall not exceed eight hours in any twenty-four hours except in cases of emergency where life is in imminent danger, or the product of such mill or institution liable to loss or damage by delay in treatment.

      Sec. 2.  Any person who violates any provision of this Act, or any person, persons, corporation, employer or agent who hires, contracts with or causes any person to be engaged or employed in any mill or other institution where plaster or cement is manufactured, for a period of time longer than eight hours in any twenty-four hours except in cases where life is in imminent danger or the product of such mill or institution liable to loss or damage by delay in treatment, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

      Sec. 3.  This Act shall take effect thirty days from and after its passage.

Interference with water appliances a misdemeanor.

Penalty.

Chap. XLV.–An Act to prevent the interference with, or injury to, any dam, ditch, headgate, weir or other appliance for the diversion, storage, apportionment, measurement, conveyance or delivery of water.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Any person, association or corporation interfering with, or injuring or destroying any dam, ditch, headgate, weir, bench mark or other appliance for the diversion, storage, apportionment, measurement, conveyance or delivery of water, without authority from the owner of the same, or except when acting under authority of the State Engineer, shall be guilty of a misdemeanor and subject to a fine of not exceeding one hundred dollars ($100).

Chap. XLVI.–An Act to provide for Union School Districts, and matters properly connected therewith.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  On the recommendation of the Superintendent of Public Instruction, the Boards of School Trustees of any contiguous School Districts in the same county or in adjoining counties may, in joint meeting of the two Boards, unite the two districts and establish a Union School to be supported out of the funds belonging to the respective districts.

      Sec. 2.  The school thus established shall be governed by a joint board, composed of the Trustees of the combining districts; provided, that school may be maintained at more than one point in the Union District thus formed, if found necessary or advisable; and provided further, that the classes and grades in the two districts shall be arranged with reference to the convenience of the children and the efficient and economical management of the school. In case of a disagreement of the joint board as to the arrangement and distribution of the various classes and grades in the two districts, the Superintendent of Public Instruction shall determine the same.

      Sec. 3.  A majority of the members of the joint board shall constitute a quorum for the transaction of business. Vouchers shall be made out on the separate district funds for the pro rata of monthly expenses, as agreed upon by the joint board, and these vouchers shall be signed by the President and Clerk of the School Board in the district on whose fund the vouchers are drawn.

      Sec. 4.  The Union School, or district, herein provided for may be dissolved in July of any year by mutual consent or action of the Boards of School Trustees in the districts interested, or by the unanimous action of the School Board of either district; provided, that no indebtedness incurred by the joint board exists; and provided further, that in case of dissolution by action of only one of the two districts as herein prescribed, at least thirty days’ notice of intention to dissolve shall have been given to the joint board.

      Sec. 5.  All Acts and parts of Acts in conflict herewith are hereby repealed.

Union School Districts provided for.

Joint Board to govern.

More than one school or grade, when.

Expenses, how paid.

District dissolved, when.

Provisos.

Repeal.

Insurance of live stock provided for.

Companies to comply with General Corporation Law.

Chap. XLVII.–An Act prescribing the method for the entrance of insurance companies, engaged in the business of mutual life, health and accident insurance of live stock on the assessment plan, into the State of Nevada.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section seven of an Act entitled “An Act relating to life, health, accident and annuity or endowment insurance on the assessment plan, and the conduct of the business of such insurance,” approved March 23, 1891, being Section 948 of Cutting’s Compiled Laws of Nevada, prescribing the method for the entrance of foreign mutual life insurance companies into the State of Nevada, shall be interpreted to prescribe, and is hereby made to prescribe, the method for entrance into this State, for doing business, of foreign mutual insurance companies engaged in the business of life, health and accident insurance of live stock on the assessment plan.

      Sec. 2.  Corporations organized under the laws of any other State or country to transact the business of mutual insurance of live stock on the assessment plan, shall, upon compliance with the provisions of section one of this Act, and with the requirements of the General Corporation Law relative to admission of foreign corporations, be admitted into the State of Nevada for the transaction of business.

State Auditor.

Salary and expenses.

Chap. XLVIII.–An Act to amend sections one, two, four and five of an Act entitled “An Act to provide for the appointment of a State Auditor, fix his compensation and prescribe his duties,” approved March 26, 1907.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

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

      Section 1.  The Governor is hereby authorized and empowered in his discretion, and at such times as he may deem necessary, to appoint a competent person to the position herein created to be known as “State Auditor,” for the term of two years, unless sooner removed, said person so appointed to be subject to removal at the pleasure of the Governor.

      Sec. 2.  Section two of said Act is hereby amended so as to read as follows:

      Section 2.  The salary of the State Auditor is hereby fixed at two hundred dollars per calendar month, same to be paid out of the General Fund of the State, together with such actual traveling expenses as may be necessary in the performance of his official duties, said salary and expenses to be a claim against the State to be duly presented to and allowed by the State Board of Examiners, and the State Controller is hereby authorized and directed to draw his warrant on the State Treasurer in payment of such claims so allowed, and the State Treasurer is hereby required to pay the same.

actual traveling expenses as may be necessary in the performance of his official duties, said salary and expenses to be a claim against the State to be duly presented to and allowed by the State Board of Examiners, and the State Controller is hereby authorized and directed to draw his warrant on the State Treasurer in payment of such claims so allowed, and the State Treasurer is hereby required to pay the same.

      Sec. 3.  Section four of said Act is hereby amended so as to read as follows:

      Section 4.  It shall be the duty of the State Auditor, at such times as the Governor shall direct, to examine the books and accounts of all county officials who are required by law to have and keep their offices at the county-seats of the several counties in this State, and of all State institutions supported by, or receiving aid from the State, and of all State officers required by law to keep books or accounts showing the receipt or payment of money by, for, or on account of the State, and report the result of such examination to the Governor forthwith; copies of such reports relating to the accounts of the officers of any county shall be furnished by the State Auditor to the District Attorney and to the Clerk of the Board of County Commissioners of such county. The State Auditor shall, in so far as he may deem practicable and advisable, and avoiding the possibilities of confusion in the business details, install in the several counties, State intuitions and State offices a uniform or improved system of accounts.

      Sec. 4.  Section five of said Act is hereby amended so as to read as follows:

      Section 5.  The State Auditor shall be, and he hereby is, authorized to administer oaths and to examine under oath, when he shall deem it necessary, any State or county official, or officer of any State institution in relation to or concerning his books and accounts, and any such officer refusing to allow the State Auditor an inspection of his books, or of the accounts therein contained, or of any records or data pertaining to the conduct of his office, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than one hundred dollars nor more than three hundred dollars, or be imprisoned in the county jail for a period not to exceed six months, or be punished by both such fine and imprisonment.

Duties of State Auditor.

State Auditor may administer oaths.

Penalty for officers refusing inspection of books.

Salaries of officers of Clark County.

Sheriff.

Deputies.

Recorder.

Clerk.

Assessor.

Treasurer.

District Attorney.

Commissioners.

Public Administrator.

Surveyor.

Chap. XLIX.–An Act amending an Act entitled “An Act creating and organizing the County of Clark out of a portion of Lincoln County, and providing for its government, and to regulate the affairs of Lincoln County and Clark County,” approved February 5, 1909.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section 9 of the Act entitled “An Act creating and organizing the County of Clark out of a portion of Lincoln County and providing for its government, to regulate the affairs of Lincoln County and Clark County,” approved February 5, 1909, is hereby amended so as to read as follows:

      Section 9.  Said officers of Clark County shall receive the following compensation: The Sheriff shall receive fifteen hundred dollars ($1,500) per annum, and such commissions as are now allowed by law to the Sheriff of Lincoln County, not to exceed in the aggregate the total compensation of three thousand dollars ($3,000) per annum. Said Sheriff may, subject to the approval of the Board of County Commissioners, appoint necessary Deputy Sheriffs at a compensation not exceeding one hundred dollars ($100) per month each, each of said so appointed Deputy Sheriffs to give such bonds as may be required by the Sheriff or by the Board of County Commissioners; the County Recorder and ex officio Auditor shall receive fifteen hundred dollars ($1,500) per annum, and may, subject to the approval of the Board of County Commissioners, appoint such deputy or deputies as the volume of business in his office may require at a salary not to exceed one hundred dollars ($100) per month; the County Clerk and ex officio Clerk of the District Court and of the Board of County Commissioners shall receive twelve hundred dollars ($1,200) per annum; the County Assessor shall receive twelve hundred dollars ($1,200) per annum, and ten cents (10cts) per mile for each mile necessarily and actually traveled in the performance of his duties; the County Treasurer shall receive fifteen hundred dollars ($1,500) per annum; the District Attorney shall receive one thousand dollars ($1,000) per annum, and ten cents (10cts) per mile for each mile necessarily and actually traveled in the performance of his duties; the County Commissioners shall receive three hundred dollars ($300) per annum and such mileage as is now allowed by law in Lincoln County; the Public Administrator and the County Surveyor shall receive the same compensation as is now allowed to the Public Administrator and the County Surveyor, respectively, of Lincoln County.

      Sec. 2.  Section fourteen of said Act is hereby amended as follows:

      Section 14.  The county officers of Lincoln County, now or hereafter having the custody of any of the files and records of Lincoln County, which in any manner relate to the territory set off as Clark County, shall at the request of the Board of County Commissioners of Clark County, or of any person, prepare and deliver in such form as asked, such transcripts and excerpts from said files and records, properly certified as requested, payment to be made therefor at a price to be agreed not exceeding forty per cent of the fees allowed by law for making original records.

or hereafter having the custody of any of the files and records of Lincoln County, which in any manner relate to the territory set off as Clark County, shall at the request of the Board of County Commissioners of Clark County, or of any person, prepare and deliver in such form as asked, such transcripts and excerpts from said files and records, properly certified as requested, payment to be made therefor at a price to be agreed not exceeding forty per cent of the fees allowed by law for making original records. And any officer of Lincoln County shall without compensation, at the request of the Board of County Commissioners of Clark County, deliver to the authorized agent of Clark County, taking his receipt therefor, any and all books, papers, lists, plats and exhibits which relate wholly to persons or property, districts, townships, towns, and cities wholly within the limits of Clark County. The County Assessor of Lincoln County shall, without compensation, deliver to the County Assessor of Clark County, taking his receipt therefor, all statements for 1908, signed and unsigned made for or by taxpayers, relating wholly to property in that portion of Lincoln County by this Act established as Clark County. The county officers of Clark County shall receive no fee or compensation for filing any paper, book, list, plat, statement or exhibit, taken from the files and records of Lincoln County, and for recording any such as may be required to be recorded but forty per cent of regular fees for recording originals shall be charged and collected. The County Assessor of Clark County shall assess the property of said county for taxation for the year 1909, in the manner now provided by law; and in consideration of the shortened time, the Board of County Commissioners of said county shall allow said County Assessor such assistants as are necessary and shall pay for the same from the general fund of said county.

Transfer of records to new county.

Property tax receipts.

Chap. L.–An Act to amend section three, as amended March 16, 1905, and as again amended March 20, 1907, and sections six and eight as amended March 20, 1907, of an Act entitled “An Act to provide for the registration of names of electors and to prevent fraud at elections,” approved March 5, 1869.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section three of said Act is hereby amended to read as follows:

      Section 3.  It shall be the duty of the Registry Agents, at any time when called on to do so, between the hours of ten a. m. and six p. m. on all legal days, from and after the first day of August, and up to and including the twentieth day of October, prior to any general election, and in the case of any special or municipal election, provided for by law, twenty days prior to closing the register (which shall close ten days prior to the day of election), to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will have legally acquired a residence (being otherwise qualified) and right to vote at such ensuing election according to the provisions of law under which such election may be held, in each election district within their respective townships, entering on the official register under the proper heading, the number and date of registry, the name (with the first or given name in full, if practicable), the age and nativity of the elector, last place of residence of elector before coming to Nevada, first place of residence of elector in Nevada, together with the number of the ward or name of precinct, and a particular description of the house, building or room in which the elector resides, such as will enable the officer or person desiring to serve notice of objection to vote to find the same without difficulty; and when the person so registered shall be of foreign birth, the fact of the exhibition of or failure to exhibit his certificate of naturalization shall be noted in the column provided for that purpose, which list, properly entered, as in this section required, shall be known as the “Official Register” of elections of their respective townships; provided, that for ten days next preceding the day set for closing the registry before any election mentioned in this Act, said Registry Agents shall also be in attendance at their respective offices, and ready to register the names of applicants, at any time between the hours of seven and nine o’clock p.

Particular directions as to registration of voters.

Registration directions.

Oath required of elector, when

day of August, and up to and including the twentieth day of October, prior to any general election, and in the case of any special or municipal election, provided for by law, twenty days prior to closing the register (which shall close ten days prior to the day of election), to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will have legally acquired a residence (being otherwise qualified) and right to vote at such ensuing election according to the provisions of law under which such election may be held, in each election district within their respective townships, entering on the official register under the proper heading, the number and date of registry, the name (with the first or given name in full, if practicable), the age and nativity of the elector, last place of residence of elector before coming to Nevada, first place of residence of elector in Nevada, together with the number of the ward or name of precinct, and a particular description of the house, building or room in which the elector resides, such as will enable the officer or person desiring to serve notice of objection to vote to find the same without difficulty; and when the person so registered shall be of foreign birth, the fact of the exhibition of or failure to exhibit his certificate of naturalization shall be noted in the column provided for that purpose, which list, properly entered, as in this section required, shall be known as the “Official Register” of elections of their respective townships; provided, that for ten days next preceding the day set for closing the registry before any election mentioned in this Act, said Registry Agents shall also be in attendance at their respective offices, and ready to register the names of applicants, at any time between the hours of seven and nine o’clock p. m., in addition to the hours heretofore required in this section; and provided further, that if any person shall fail or refuse to give his residence and the other information, with the particularity required in this section, he shall not be registered.

      Sec. 2.  Section six of said Act is hereby amended so as to read as follows:

      Section 6.  When any person shall appear and demand to be registered, whom the Registry Agent shall not know to be entitled to registry, under the qualifications required by law for the election then ensuing, the Registry Agent may question the applicant generally, either under oath or not, as to his qualifications as an elector, and, if satisfied, shall enter his name in the registry. But if the Registry Agent shall not be fully satisfied, or if the applicant be challenged by a qualified elector of the county, stating distinctly the grounds of challenge, the Registry Agent shall require the applicant to answer truly, under oath or affirmation, the following questions, together with such other questions as said Registry Agent may consider necessary and proper, testing his qualifications as an elector for the ensuing election, to wit:

Agent may consider necessary and proper, testing his qualifications as an elector for the ensuing election, to wit:

      First-Are you a citizen of the United States?

      Second-Are you now or will you be twenty-one years of age on or prior to the day of the next ensuing election?

      Third-On the day of the next ensuing election will you have actually and not constructively resided in this State six months, and in this county thirty days (or in this city........days or........months, as provided by the Act of incorporation) next preceding the day of said election?

      Fourth-Are you now a resident of the election district in which you propose to be registered?

      Fifth-Are you registered for this electoral year in any other election district in the name you have now given, or in any other name?

      If any of the foregoing questions shall be answered in the negative, except the fifth, or that in the affirmative, the applicant shall not be registered; but if the applicant answer all the foregoing questions in the affirmative, except the fifth, and that in the negative, and the Registry Agent shall still believe, from the answers to such further questions as he may be led by circumstances to ask, that the applicant is not a qualified elector, he shall refuse to register the name of said applicant. But such applicant may then apply to the District Court of his district, or the Judge thereof, for a writ of mandamus to compel the proper registration of his name in such election district; and any elector may also apply to the District Court of his district, or the Judge thereof, for a writ of mandamus to compel the Registry Agent to erase from the registered list of electors the name of any person therein registered whom the applicant may know and be able to prove is not a qualified elector; provided, that said Registry Agent shall have notice and opportunity to be heard before said court, or the Judge thereof, and show cause for his refusal. For the purpose of deciding contested questions of registration, the District Judges of the various Judicial Districts shall hold court or sit in chambers at least one day in each county of their respective districts during the ten days immediately preceding any general election, during which days cases of contested registration shall take precedence of all other business before such Judges or courts. All such cases shall be decided within forty-eight hours after being submitted, and every case shall be decided before the day of election. A resident, within the meaning of this Act, shall be construed to mean a person who has resided or will have resided continuously within this State for six months, and in the precinct the time prescribed by law, next preceding the day of the next ensuing election. The electoral year shall commence on the first day of January and end on the thirty-first day of December of each year.

What oath must state.

Registry Agent may refuse registration.

Applicant may use mandamus.

Challenge, how effected.

Duties of District Judges.

“Resident” construed.

One registration holds for entire year.

Registry Agent to publish names of voters.

May be challenged twenty days preceding election.

Service, when good.

first day of December of each year. Whenever in the same electoral year there shall be held in any township more than one election, general, special or municipal, any person registered for any one of such elections shall be deemed registered for all subsequent elections in the same year for which the residence qualification is included in or implied by the residence qualification of the previous election, and in all cases registration for a municipal election shall be deemed registration for any succeeding general election in the same year. The person so deemed registered shall be subject in all cases to be excluded from the registry by reason of the change of residence, or other causes, as provided elsewhere in this Act.

      Sec. 3.  Section eight of said Act is hereby amended so as to read as follows:

      Section 8.  On the day next succeeding that on which the registration of electors, prior to any election, mentioned in this Act, shall have been closed, the Registry Agents shall, with all reasonable expedition, prepare, and cause to be written or printed a full and complete list of all the names registered by them, and then remaining on the official register, for each election district, alphabetically arranged, commencing always with the surname of each; and they shall have printed or written such reasonable number of copies of each district list as in their judgment may be necessary, at least five copies of which they shall cause to be posted up in as many public and conspicuous places within the district to which they apply, and the remainder of such lists shall be distributed among the electors of the respective districts. The Registry Agents shall give notice in said lists that they will receive objections to the right to vote, on the part of any person so registered, until six o’clock p. m. on the tenth day previous to the day of election; and also requesting all persons whose names may be erroneously entered in said lists to appear at his office and have such error corrected. Such objections to the right to vote shall be made only by a qualified elector in writing, setting forth the ground of the objection of disqualification, and sworn to, or affirmed to, to the best of his knowledge and belief. A copy of such written objections, with the name of the objector, together with a copy of notice, requiring the person objected to to appear before the Registry Agent at a time certain and specified therein, and answer under oath such questions as may be propounded to him by the Registry Agent touching his qualifications as an elector, shall be served on the person objected to, and such service shall be good when left at the place of residence of such person objected to, as the same shall appear in the official register, however general or indefinite may be the description of the same in said register. And no such objections shall be tried unless it shall appear by the return by an officer, or the sworn statement of an elector within the county, appended to such notice, that such objections and notice were by him duly served by copy, as in this section of this Act required.

were by him duly served by copy, as in this section of this Act required. At the time specified in the notice, or at such further time as the hearing may be adjourned to, the Registry Agent, upon being satisfied from the return or affidavit that proper service of notice has been had, as in this section provided, shall proceed to examine such person (if present), under oath, touching all matters specified in such written objections, and respecting his general qualifications as an elector, and the testimony of the person making the objections, and any further evidence offered (which the Registry Agent before whom objections are made may desire to hear in relation thereto.) If the Registry Agent shall be satisfied, from the answers under oath of the person objected to, or other evidence, that he is not a qualified elector, as required by law, for the next ensuing election, or if such person, so notified as hereinbefore provided and required, shall fail to appear at the time set, or shall fail to show cause for his non-appearance, it shall be the duty of the Registry Agent to erase his name from the official register; provided, that any person whose name may have been so erased, may apply to the District Court or the Judge thereof, as is provided in section six of this Act; provided, further, for a refusal of any Registry Agent to perform his duties as Registry Agent, he shall, on conviction thereof, before a court of competent jurisdiction, be punished by a fine of not less than thirty dollars nor more than one hundred dollars, or by imprisonment not less than fifteen nor more than fifty days, or by both such fine and imprisonment. All Acts and parts of Acts in conflict herewith are hereby repealed.

Registry Agent may allow or disallow challenge.

Right of recourse.

Penalty for Registry Agent’s neglect of duty.

Chap. LI.–An Act to authorize the Board of School Trustees of School District No. 4 in the Town of Fallon, County of Churchill, State of Nevada, to issue bonds for the purpose of equipping school house, and fencing and improving the grounds surrounding school house in said district.

[Approved March 2, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The Board of Trustees of School District Number Four, in the Town of Fallon, Churchill County, State of Nevada, are hereby authorized and required, within thirty days after the approval of this Act by the duly qualified electors of said School District, to prepare and issue the bonds of said School District in the amount of two thousand two hundred and fifty dollars, exclusive of interest, for the purpose of providing funds for the equipment of the school building for said district, and the fencing and improving the grounds belonging to said School District; provided, that this Act shall be submitted to the voters of the School District at a special election called by the Board of Trustees of said School District and the duly qualified electors shall ratify the same by a majority vote, the Board of Trustees to prepare the manner and form of ballot, but in the main to conform to the proposition, thus:

School bonds in Fallon, Churchill County.

Special election.

Denomination of bonds, etc.

Trustees to negotiate sale of bonds.

Method of redemption.

“Churchill County School District No. 4 Fund.”

a special election called by the Board of Trustees of said School District and the duly qualified electors shall ratify the same by a majority vote, the Board of Trustees to prepare the manner and form of ballot, but in the main to conform to the proposition, thus:

      “For the issuance of bonds-Yes.”

      “For the issuance of bonds-No.”

      The result of the vote to be canvassed, declared and proclaimed by the Board of School Trustees.

      Sec. 2.  The bonds authorized under the provisions of section one of this Act shall be issued in the sum of two hundred and fifty dollars each, shall bear interest at a rate not to exceed six per cent per annum; said bonds shall be numbered from one to nine, inclusive, and shall be signed by the Chairman and Clerk of said Board of School Trustees, and countersigned by the Treasurer of Churchill County. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the Chairman and Clerk of said Board of Trustees and County Treasurer.

      Sec. 3.  The Board of Trustees of School District Number Four are hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale, as they may deem for the best interest of the School District; provided, that no bonds shall be sold for less than their par value, and that the bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 4.  On the first Monday in January, 1911, and annually thereafter, one of said bonds, together with the interest thereon, shall be paid and redeemed by the Treasurer of Churchill County; the payment and redemption of said bonds shall be in the order of their issuance, the lowest numbered bond to be first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this Act shall have been paid and redeemed. Coupons on all of the said bonds shall be paid annually, and in no case shall any of said bonds run for a longer period than the first day of January, 1919.

      Sec. 5.  All moneys received from the sale of said bonds shall be paid to the County Treasurer, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as “Churchill County School District Number Four Fund,” and to pay out said moneys only on a warrant signed by the Chairman and Clerk of said Board of School Trustees and approved by the Superintendent of Schools of Churchill County. The County Treasurer shall be liable on his official bonds for the safe keeping of said moneys which shall come into his hands and for the faithful discharge of his duties in relation thereto.

      Sec. 6.  For the purpose of creating a fund for the payment of bonds authorized by this Act and the interest thereon the Board of County Commissioners of Churchill County are hereby authorized and required at the time of the annual levy of taxes for State and county purposes for the year 1910, and annually thereafter, to levy a sufficient tax on all property, both real and personal, within the boundaries of said School District Number Four to redeem one of said bonds each year and the payment each year of the accumulated interest on all the bonds authorized by this Act. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund which is hereby created to be known as the “Churchill County School District Number Four Fund.”

      Sec. 7.  All bonds issued under the provision of this Act shall be payable at the office of the County Treasurer of Churchill County, Nevada, as the same become due, and interest on such bonds shall cease as the same mature.

      Sec. 8.  Whenever at the end of any fiscal year there shall remain any money in said fund, after paying the interest on said bonds and the redemption of one of said bonds, as provided for in section four of this Act, the Board of County Commissioners shall order the money so remaining to be transferred from the Churchill County School District Number Four Fund to the Churchill County School District Number Four General Fund.

Tax levy.

Interest to cease, when.

Residue to revert

Chap. LII.–An Act to establish an Agricultural Experiment Dry Farm in the northeastern part of this State, creating a commission in connection therewith, providing for its expenses and conferring certain powers thereon, imposing certain duties on the Governor and Attorney-General in relation thereto, providing for the government thereof, and making an appropriation therefor.

[Approved March 2, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  An Agricultural Experiment Dry Farm for the purpose of making experiments and diffusing information in agriculture, horticulture and gardening in the semi-arid part of this State is hereby established in the northeastern part of this State, the same to be located as hereinafter provided.

      Sec. 2.  A commission of three persons is hereby created, to be appointed by the Governor, whose duty it shall be, within four months after the approval of this Act, to visit the northeastern part of this State situated in the semi-arid region and select a site for the location of said Agricultural Experiment Dry Farm.

Agricultural Experiment Dry Farm.

Commission to be appointed.

To select site.

County to vest title with State.

Appropriation, $10,000.

Experiment Dry Farm. Said commission shall serve without compensation, but they shall have their actual expenses, and the same shall be paid when approved by the State Board of Examiners.

      Sec. 3.  The said commission, or a majority thereof, shall have full power to select the site for said farm, and when so selected, they shall certify the same to the Governor of the State. Any vacancy that may occur in said commission shall be filled by the Governor.

      Sec. 4.  As a condition to the location of said Agricultural Experiment Dry Farm, the county in which said commission shall decide to locate the same shall vest in the State a good and sufficient title to the land, with good and adequate water right for the successful operation of said Agricultural Experiment Dry Farm. Upon the acceptance by the Governor of the State of the title to said land, said title to be approved by the Attorney-General, the State shall establish at such place an Agricultural Experiment Dry Farm, to be under the control and management of the Board of Control of the Nevada Agricultural Experiment Station.

      Sec. 5.  For the purpose of maintaining said Agricultural Experiment Dry Farm for the years 1909 and 1910, and for the erection of suitable buildings upon the land to be given as provided in section four of this Act, the sum of ten thousand dollars is hereby appropriated out of any moneys in the General Fund of the State Treasury not otherwise appropriated, and the State Controller is hereby directed to draw his warrant upon the State Treasurer in favor of the claimants under this appropriation when their claims have been approved by the Director of the Station, by the Board of Control and by the State Board of Examiners.

Storey County Commissioners to employ additional help for county officers, when.

Chap. LIII.–An Act authorizing the Board of County Commissioners of Storey County, State of Nevada, to employ additional help and assistance for the various county officers of Storey County, State of Nevada.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  In addition to the powers now conferred by law upon the Board of County Commissioners of Storey County, State of Nevada, the said Board of County Commissioners of Storey County, State of Nevada, upon application of any county officer of said Storey County, Nevada, supported by due showing and cause, that a necessity exists for additional help and assistance in the proper performance and discharge of the duties of the office, the incumbent of which makes the application aforesaid, the said Board of County Commissioners shall be and is hereby empowered to provide such officer making such application for additional help with such assistance, clerk or deputy, as said Board of County Commissioners shall in its judgment be [deem] necessary and proper, but this Act shall in no way reduce the salaries of the present county officials of said Storey County, or any officials to be elected in the future in said county.

makes the application aforesaid, the said Board of County Commissioners shall be and is hereby empowered to provide such officer making such application for additional help with such assistance, clerk or deputy, as said Board of County Commissioners shall in its judgment be [deem] necessary and proper, but this Act shall in no way reduce the salaries of the present county officials of said Storey County, or any officials to be elected in the future in said county.

      Sec. 2.  The amount to become due any person employed as aforesaid shall be paid out as is now provided by law for payment of salaries and claims against said Storey County.

      Sec. 3.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

      Sec. 4.  This Act shall take effect immediately upon its passage.

Payment of salaries.

Repeal.

In effect.

Chap. LIV.–An Act to amend section eighty-two of an Act providing for the incorporation of cities, their classification, establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all Acts and parts of Acts in conflict therewith, approved March 27, 1907.

[Approved March 3, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section eighty-two of said Act is hereby amended so as to read as follows:

      Section 82.  Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the Council shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the City Clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, and by posting notices of the same in at least three public places in each ward, and also by posting a notice in or near the postoffice of said city, and by posting notices in three public places near the site of said proposed work. Said notices shall state the time when the Council will meet and consider any suggestions and objections that may be made by parties in interest with respect to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered.

City Councils to procure estimates for public improvements.

Owners may file objections.

Regulations concerning insurance.

Chap. LV.–An Act to amend an Act entitled “An Act relating to life, health, accident and annuity or endowment insurance on the assessment plan, and the conduct of the business of such insurance,” approved March 23, 1891.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section one of an Act entitled “An Act relating to life, health, accident, and annuity or endowment insurance on the assessment plan, and the conduct of the business of such insurance,” approved March 23, 1891, is hereby amended to read as follows:

      Section 1.  Every contract whereby a benefit may accrue to a party or parties therein named upon the death or physical disability of a person or an animal insured thereunder, or for the payment of any sums of money dependent in any degree upon the collection of assessments or dues from persons or owners holding similar contracts, shall be deemed a contract of mutual insurance upon the assessment plan. Such contracts must show that the liabilities of the insured thereunder are not limited to fixed premiums.

All mining corporations to file statements with State and county.

Chap. LVI.–An Act requiring certain mining corporations to file statements with the County Recorders and Attorney-General, and to mail copies thereof to stockholders; regulating the issuance and sale of certain treasury and promotion stock and defining the same for the purposes of this Act; declaring certain acts to be unlawful; providing penalties for the violation thereof, and other matters relating thereto.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Every corporation owning, claiming, holding, leasing or engaged in the business of working or developing any mining claim or mining property, or interest therein, in the State of Nevada, and selling or offering for sale, either directly or indirectly, any of its shares or capital stock shall, during the months of June and November of each calendar year hereafter, file in the office of the County Recorder of each county wherein such mining property is situated, and in the office of the Attorney-General of this State, a statement duly subscribed and sworn to before a Notary Public (or other officer authorized by law to administer oaths) by its president (or vice-president) and its secretary, if it is a domestic corporation, and also by its resident agent, if a foreign corporation, which shall contain the following facts and information:

foreign corporation, which shall contain the following facts and information:

      (a) The name of each mining claim and the total number of such claims or fractions thereof owned or leased, and the number thereof being worked and developed, also the county and mining district (if there be one) wherein said claims are located, and the nearest postoffice and the distance therefrom, as near as can be ascertained.

      (b) The nature of the title thereof, or interest therein, whether leasehold or otherwise, also the date each claim or interest therein was purchased, leased or otherwise acquired by such corporation.

      (c) The character, value and a general description of all buildings, works, machinery and other improvements on each unpatented claim, and the character, value and a general description of all buildings, works, machinery and other improvements being actually used or operated by such corporation on its patented ground, taken as a whole.

      (d) The total number of days labor employed and expended in actual developing the mineral resources of each unpatented mining claim, if any, and of the entire patented property, if any, during the six months next preceding, and the total sum of money, or other valuable consideration, given or paid out therefor.

      (e) The total number of shares such corporation is by law authorized to issue and the different classes and par value thereof.

      (f) The total number of shares of stock originally set aside by such corporation, if any, in its treasury or otherwise, to sell or otherwise dispose of for the purpose of working, developing or otherwise improving any patented or unpatented mining claim, or claims, owned or leased or being worked or developed by such corporation, and the total amount of money realized from the sale of any portion thereof during the six months next preceding.

      (g) The total number of shares of treasury stock sold, the price thereof per share, and the total sum of money or other consideration received therefor during the six months next preceding the date of filing of the statement herein required, and the number of shares of treasury stock remaining unsold at said time.

      (h) The amount of money, if any, actually paid by such corporation to each of its officers, superintendents, or to other persons, exclusive of persons included in subdivisions of this section, as salary or compensation for services rendered such corporation, stating the nature of such services; also, the respective amounts, if any, expended for advertising and as commissions for sale of stock, during the six months next preceding the filing of said statement.

      (i) The total amount of bullion tax paid during the six months next preceding.

What statement shall contain.

Affidavit.

What must state.

Stockholders to receive statements.

Fees of County Recorder.

Must plainly designate different kinds of stock.

“Treasury Stock.”

“Promotion Stock.”

      The affidavit required by this section shall state in substance as follows:

      That affiant is the president (or other officer of such corporation, or other person required to make such affidavit) and has read the foregoing statement, and knows the contents thereof; that the same is true and correct to the best of his knowledge and belief.

      Sec. 2.  At the same time, or within ten days after the sworn statement prescribed by Section 1 of this Act shall have been filed with the County Recorder as in this Act provided, the secretary or resident agent, or one officer of such corporation required by this Act to subscribe to the same, shall duly mail or cause to be mailed to each person appearing at said time on the books of such corporation as a stockholder therein, a true typewritten or printed copy of such statement, and shall in addition thereto make an affidavit before some officer duly authorized to administer oaths, that a true copy of such statement has been duly deposited in the United States postoffice (giving the name of the postoffice) addressed to each stockholder of such corporation, as appears from the books thereof, at his or her last known address, or place of residence, and that sufficient postage has been pre-paid thereon, and thereupon such secretary, or resident agent, or other person making such affidavit shall file the same in the office of such County Recorder, who shall attach the same to the original statement previously filed pursuant to Section 1 of this Act, and to which such affidavit pertains. The County Recorder shall charge, as a filing fee, fifty cents for every original statement required by the preceding section, and fifty cents for filing and attaching the affidavit required by this section, unless the same is attached to said original statement.

      Sec. 3.  From and after the 15th day of April, 1909, every corporation owning, leasing, working or developing any patented or unpatented mining claim in this State, and selling or offering for sale, either directly or indirectly, or authorizing or causing to be issued or sold, any of its stock or shares for the promotion or development of any such mining claim, shall print or stamp across the face of each certificate of its treasury stock or shares (as defined by this Act) the words “Treasury Stock” in English letter or characters at least one-half of an inch in height, and not less than one-eighth of an inch in width, said letters or characters to be printed or stamped as aforesaid in ink of a conspicuously different color than the ink used in printing, writing or stamping the body or other matter printed, stamped or written thereon.

      Sec. 4.  From and after the 15th day of April, A. D. 1909, every corporation owning, leasing, working or developing any patented or unpatented mining claim in this State, and selling or offering for sale, either directly or indirectly, or authorizing or causing to be issued or sold, any stock or shares therein that has not been specifically set aside by such corporation for the purpose of raising money or means for the development of the mineral resources of such mining claim or claims, or for making necessary improvements thereon, shall print or stamp across the face of each certificate so issued or authorized to be issued, sold, or offered for sale, as aforesaid, the words “Promotion Stock” in English letters or characters at least one-half of an inch in height and one-eighth of an inch in width, and said letters or characters to be printed or stamped thereon, as aforesaid, in ink of a conspicuously different color than the ink used in printing, writing or stamping the body or other matter printed, stamped or written thereon.

shares therein that has not been specifically set aside by such corporation for the purpose of raising money or means for the development of the mineral resources of such mining claim or claims, or for making necessary improvements thereon, shall print or stamp across the face of each certificate so issued or authorized to be issued, sold, or offered for sale, as aforesaid, the words “Promotion Stock” in English letters or characters at least one-half of an inch in height and one-eighth of an inch in width, and said letters or characters to be printed or stamped thereon, as aforesaid, in ink of a conspicuously different color than the ink used in printing, writing or stamping the body or other matter printed, stamped or written thereon.

      Sec. 5.  All stocks or shares of every mining corporation doing business in this State that have been or shall be specifically set aside to sell for money, or other valuable consideration, and the proceeds of which are to be used for the actual development of the mineral resources of any mining claim or for the purpose of making necessary improvements thereon, is hereby deemed and declared to be treasury stock, and all other stock of such corporation is hereby deemed and declared to be promotion stock, within the meaning of this Act.

      Sec. 6.  From and after the 15th day of April, 1909, it shall be unlawful for any corporation, or any officer, agent, or director thereof, owning, claiming, leasing, or working, or developing any mining property in the State, to issue any written or printed certificate representing one or more shares of its stock, or to sell or offer for sale any certificate thereafter issued by any such corporation, upon which certificate is not stamped or printed the words “Treasury Stock” or “Promotion Stock,” as defined and required by the provisions of this Act, and it shall be unlawful for any person, or any officer, agent, or director of any corporation subject to this Act to so stamp or print any such certificate as “Treasury” stock when in fact the same represents “Promotion” stock, or to so stamp or print any such certificate “Promotion” stock when in fact the same represents “Treasury” stock, as said classes of stock are defined by Section 5 hereof.

      Sec. 7.  Each and every provision of this Act is hereby declared to be mandatory, and the officer or agent of any mining corporation subject to the provisions hereof who shall fail or neglect to execute and to file the statement or affidavits required by Sections 1 and 2 of this Act, or to otherwise comply with all other provisions hereof, or who shall wilfully do or perform any act or thing herein declared to be unlawful, shall be deemed guilty of a misdemeanor, and shall upon conviction be fined in any sum not less than $100 nor more than $500, or shall be imprisoned in the county jail for a period of not less than fifty days, nor more than six months, or be punished by both such fine and imprisonment.

      Sec. 8.  Any person who shall act as agent for any foreign corporation, subject to the provisions of this Act, that has not strictly complied with sections one and two hereof shall be deemed guilty of a misdemeanor, and shall be fined in any sum not less than $100 nor more than $500, or be confined in the county jail for a term of not less than fifty days nor more than six months, or by both such fine and imprisonment.

Definitions of kinds of stock.

All stock must be plainly designated.

This Act mandatory.

Penalties.

Further penalties.

Same.

Same.

District Attorneys and Attorney-General must prosecute.

corporation, subject to the provisions of this Act, that has not strictly complied with sections one and two hereof shall be deemed guilty of a misdemeanor, and shall be fined in any sum not less than $100 nor more than $500, or be confined in the county jail for a term of not less than fifty days nor more than six months, or by both such fine and imprisonment.

      Sec. 9.  Every corporation, domestic and foreign, violating any of the provisions or requirements of this Act, shall forfeit to the State of Nevada the sum of one thousand ($1,000) dollars and cost of suit, to be recovered in an action in the name of the State instituted by the Attorney-General, or any District Attorney at the request of the Attorney-General; nor shall any such corporation failing to comply with Sections 1 and 2 of this Act maintain or defend any action in any court of this State; provided, that upon the production of a certificate of the County Recorder that the statements and affidavits required by said sections have been duly filed (except as to the time the same was required to be filed) any such action may be maintained or defended; provided, that the provisions of this Act shall not apply to any action now pending.

      Sec. 10.  Any person, other than those mentioned in Section 7 of this Act, who shall violate any provision hereof shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not less than fifty days nor more than six months, or by both such fine and imprisonment.

      Sec. 11.  The District Attorney of each county in this State shall strictly enforce the provisions of this Act, and in the event of the failure or refusal of any such officer so to do when complaint is duly made and sufficient legal evidence is obtainable, he shall be deemed guilty of misdemeanor in office and subject to removal and punishment, as otherwise provided by law, and it shall be the duty of the Attorney-General, in such case, to forthwith prosecute such violation of this Act, and to proceed to prosecute such District Attorney for misdemeanor in office as aforesaid.

Chap. LVII.–An Act to designate and authorize the work to be done in the State Printing Office.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The printing and binding which may be done in the State Printing Office at the expense of the State, other than that specially authorized by legislative action, shall be as follows:

      The Statutes passed by the Legislature, the Journals of the Senate and Assembly, the appendix of the Journals of the Senate and Assembly, the biennial message of the Governor, the annual reports of the Treasurer, Controller, Board of Control of the Agricultural Experiment Station, Insurance Commissioner, and Board of Dental Examiners, and the biennial reports of the Secretary of State, Surveyor-General, Attorney-General, Adjutant-General, Superintendent of Public Instruction, Superintendent of State Printing, Warden of the State Prison, Superintendent of State Police, Commissioners for the Care of the Insane, Board of Directors of the State Orphans’ Home, Regents of the University of Nevada, State Engineer, State Railroad Commission, State Publicity Commission, Historical Society, Nevada State Fair Association, State Mine Inspector, State License and Bullion Tax Agent, State Bank Examiner, Sheep Commission, State Board of Health, State Board of Medical Examiners, State Board of Pharmacy, Fish Commissioners, and Reports of the Supreme Court.

Senate and Assembly, the appendix of the Journals of the Senate and Assembly, the biennial message of the Governor, the annual reports of the Treasurer, Controller, Board of Control of the Agricultural Experiment Station, Insurance Commissioner, and Board of Dental Examiners, and the biennial reports of the Secretary of State, Surveyor-General, Attorney-General, Adjutant-General, Superintendent of Public Instruction, Superintendent of State Printing, Warden of the State Prison, Superintendent of State Police, Commissioners for the Care of the Insane, Board of Directors of the State Orphans’ Home, Regents of the University of Nevada, State Engineer, State Railroad Commission, State Publicity Commission, Historical Society, Nevada State Fair Association, State Mine Inspector, State License and Bullion Tax Agent, State Bank Examiner, Sheep Commission, State Board of Health, State Board of Medical Examiners, State Board of Pharmacy, Fish Commissioners, and Reports of the Supreme Court.

      Sec. 2.  Unless otherwise specially authorized by legislative action, the following pamphlets, bulletins and leaflets shall be printed: Annual Register of the University of Nevada, Annual Catalogue of the Nevada State Fair Association, Nevada Mining Laws, Nevada Land Laws, Nevada Election Laws, Nevada Official Election Returns, General Corporation Laws, Foreign Corporation Laws, Minutes of Meetings of State Board of Assessors, State School Laws, University High School Register, Monthly Bulletin of the State Weather Service, Fish and Game Law, the Pharmacy Law, List of Registered Physicians, Insurance Laws, ruled work for Insurance Commissioner, and necessary briefs, transcripts and other legal work for the Railroad Commission.

      Sec. 3.  All officers, board of officers, Commissioners, Trustees, Superintendents, Regents, and Directors required by law to make reports to the Governor or Legislature, except the State Controller, State Treasurer, Insurance Commissioner, Board of Control of the Agricultural Experiment Station, and Board of Dental Examiners, must send the original drafts of such reports to the Governor on or before the third day of January in the year 1911, and in every second year thereafter. The State Controller must send his report to the Governor before the second Monday in January in the year 1910, and in every year thereafter, and the State Treasurer on or before the tenth day of January, 1910, and in every year thereafter.

      Sec. 4.  The Governor shall, upon receipt of such reports, submit the same to the State Board of Examiners, who shall carefully examine, edit and revise each of said reports, eliminate all superfluous matter and all subjects not strictly appertaining thereto, and shall order such a number of each of said reports, or part or parts of each of said reports, printed as in their judgment will meet the requirements of law; provided, that in no case shall a less number of copies than fifty, nor a greater number of copies than fifteen hundred, be printed.

Printing and binding specifically defined.

Same.

Biennial reports.

Annual reports.

Duties of Governor and Board of Examiners regarding printing.

Other work defined.

All State work to be done at State Printing Office.

Exceptions.

Further duties of Board of Examiners.

Certain printing prohibited.

Same.

law; provided, that in no case shall a less number of copies than fifty, nor a greater number of copies than fifteen hundred, be printed. The Board shall especially see that no matter be printed in more than one report, unless of great public interest.

      Sec. 5.  In addition to the work now required by law to be done in the State Printing Office for the various State officers, the Superintendent of State Printing is hereby authorized, and it shall be his duty, to print all forms, blanks, letterheads, and envelopes required in and for the various State institutions and commissions enumerated in section one of this Act.

      Sec. 6.  All officers, boards of officers, Commissioners, Trustees, Superintendents, Regents and Directors are hereby required and directed to have all forms, blanks, envelopes and letterheads necessary for the successful working of the various departments, institutions and offices, printed at the expense of the State Printing Office, and the Superintendent of State Printing is hereby directed to accept all such work, execute and deliver it as promptly as possible.

      Sec. 7.  Nothing in this Act shall be construed to mean that the Superintendent of State Printing is required or expected to perform any work other than the type, machinery and other printing and binding appliances now in use in the State Printing Office will permit.

      Sec. 8.  Should any State officer, Commissioner, Trustee, or Superintendent consider that the requirements of his office, department or institution demand stationery, blanks, forms or work of any character which cannot be performed in the State Printing Office, he shall submit the same to the State Board of Examiners, who shall summons the Superintendent of State Printing, or his representative, before them, and if it appear that, through lack of necessary machinery or appliances, the work cannot be satisfactorily done in the State Printing Office, they shall authorize said State officer, Commissioner, Trustee, or Superintendent to have the work performed in a commercial printing office, the cost of same to be paid out of the contingent fund provided for the expenses of State officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.

      Sec. 9.  Invitations, tickets of admission, programs, menus or like matter for any State institution or school are not to be considered State Printing, and the Superintendent is directed not to accept the same.

      Sec. 10.  No State officer, board of officers, Commissioner, Superintendent, Director, or Trustee shall incorporate any matter in his report other than that required by law, unless it shall appear to the Board of Examiners that it is a matter of great public interest and benefit.

      Sec. 11.  The Superintendent of State Printing shall be privileged at all times to submit to the State Board of Examiners work of any description which, in his judgment, is trivial, unnecessary, or a useless expense to the State, and if the State Board of Examiners shall find such to be the case, it shall be their duty to order the Superintendent of State Printing not to execute the same.

privileged at all times to submit to the State Board of Examiners work of any description which, in his judgment, is trivial, unnecessary, or a useless expense to the State, and if the State Board of Examiners shall find such to be the case, it shall be their duty to order the Superintendent of State Printing not to execute the same.

      Sec. 12.  The State Controller is hereby authorized and directed not to draw his warrant in payment for any printed matter except such as is authorized by section eight of this Act.

      Sec. 13.  When it is necessary to ship finished work outside of Carson, the institution or Commission ordering same shall pay all transportation charges.

      Sec. 14.  All officers, boards of officers, Commissioners, Trustees, Superintendents, Regents, and Directors, entitled under the provisions of this Act to have printing done at the State Printing Office, are hereby required to furnish the Superintendent with the blank letterheads, noteheads, and envelopes desired by them, and they shall prepay transportation charges on same.

      Sec. 15.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

      Sec. 16.  This Act shall be in effect from and after its passage and approval.

Board of Examiners to decide.

Controller to withhold payment.

Carriage charges.

Must furnish blank stationery.

Repeal.

In effect.

Chap. LVIII.–An Act to prevent the running of stock at large within Douglas County, State of Nevada, and providing certain remedies therefor.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The owner of any swine, sheep or goats, which shall trespass upon the lands of another, whether fenced or unfenced, lying within the boundaries of Douglas County, State of Nevada, shall be liable to any person for all damages he may sustain by reason of such trespass.

      Sec. 2.  If any animals of the species enumerated in section one be found running at large outside the enclosures of the owner, and within the boundaries herein mentioned, it shall be lawful for any person to restrain the same forthwith, and such person shall, within three days, give notice thereof to the owner, if known, in writing, stating therein the amount of compensation claimed for taking up, feeding and keeping such animals, and thereupon the owner thereof shall be liable to such person for a reasonable compensation for taking up, feeding and keeping such animals. If the owner of such animals be not known, the same shall be deemed to be as estrays and shall be dealt with in the manner provided by law with respect to estrays.

Stock at large in Douglas County.

Unknown animals treated as estrays.

Animals held until damages are settled.

Method of determining damages.

Stock driven on highway excepted.

“Owner” defined.

      Sec. 3.  Any person restraining any animal under the provisions of this Act may retain the same in custody until due compensation or damages or both are paid, or until good and sufficient security be given for the same, and any judgment rendered shall be a lien upon the animals so retained in custody. The security herein mentioned shall be deemed good and sufficient only when duly approved by the Justice of the Peace of the township in which said animals are restrained and retained under this Act.

      Sec. 4.  If the parties cannot agree as to the amount of compensation or damages or both, then each party may choose a disinterested person, and they may choose a third person; and which three shall determine the amount thereof, or action may be brought before any court having jurisdiction, and the proceedings therein shall be as in other civil actions; provided, that nay person claiming damages before commencing action therefor, shall notify the owner of the offending animals in writing of such damage and the provable amount thereof; and provided further, that the person claiming compensation or damages shall bring action in a court having jurisdiction within sixty days after the cause of action shall have accrued.

      Sec. 5.  Nothing in this Act shall be so construed as to prevent the owner from driving animals of any of the species enumerated in Section 1, from one place to another, or along any public highway, but such owner shall be liable for all damages that any person or persons may sustain in consequence of the driving of such stock within the boundaries mentioned in Section 1.

      Sec. 6.  Any person charged with, or having, possession of any animal shall be deemed the owner thereof, and any person occupying or cultivating lands shall be deemed to be the owner thereof, for the purposes of this Act.

Certain moneys to revert.

Property of abolished School District to be sold.

Chap. LIX.–An Act to provide for the disposal of the funds and property of abolished School Districts.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  All moneys remaining to the credit of any School District which has been legally abolished, by action of the Board of County Commissioners of the county in which the district is situated, shall revert to the county school fund of the said county.

      Sec. 2.  All property, real and personal, of any abolished School District shall revert to the county in which the said district is situated, and the Board of County Commissioners are hereby authorized to control and manage, rent or sell such reverted school property, in the manner prescribed for the sale of county property; provided, that in case the said Board of County Commissioners shall find all of the real and personal property of any abolished district to be of a value less than one hundred dollars, the same may be sold without publication of notice and to the highest bidder for cash at private sale.

such reverted school property, in the manner prescribed for the sale of county property; provided, that in case the said Board of County Commissioners shall find all of the real and personal property of any abolished district to be of a value less than one hundred dollars, the same may be sold without publication of notice and to the highest bidder for cash at private sale.

      Sec. 3.  All the moneys derived from the sale or rent of reverted school property shall be paid into the county school fund.

      Sec. 4.  This Act shall take effect immediately.

Disposal of proceeds.

In effect.

Chap. LX.–An Act fixing and regulating the salary of the Warden of the State Prison.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  From and after the first day of March, A. D. 1909, the salary of the Warden of the State Prison shall be and the same is hereby fixed at three thousand dollars per annum, payable in equal monthly installments, out of the General Fund in the State Treasury, in the same manner as other State officers are paid.

Salary of Warden of State Prison increased.

Chap. LXI.–An Act for the relief of Burke Bros.

[Approved March 5, 1909.]

      Whereas, In the year 1907, W. S. Beard, then Assessor of Washoe County, settled in full for all poll tax received from State Controller for said year; and

      Whereas, During the said year one poll-tax book issued by the State Controller and charged to the said W. S. Beard, containing twenty-five blank receipts, which said receipts were delivered by the said Assessor W. S. Beard to Burke Bros. during the year 1907, and of which said receipts seventeen were lost by said Burke Bros., or their employees, and no value or compensation was received for them by said Burke Bros., said lost receipts being of the value of fifty-one dollars; now, therefore,

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The sum of twenty-two dollars and ninety-five cents is hereby appropriated, out of any moneys in the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrants for the sum of twenty-two dollars and ninety-five cents in favor of Burke Bros.,

Preamble.

Lost poll-tax receipts.

State to reimburse Burke Bros.

Washoe County to pay proportion.

the State Controller is hereby directed and required to draw his warrants for the sum of twenty-two dollars and ninety-five cents in favor of Burke Bros., and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  The Board of County Commissioners of Washoe County are hereby directed and required to allow the claim of Burke Bros. in the sum of twenty-eight dollars and five cents, the proportion received by the county on allowance for said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the general fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same.

Appropriation for care of G. A. R. cemetery.

Board of Examiners to allow claim upon proper proof.

Duties of Controller and Treasurer.

Chap. LXII.–An Act appropriating three hundred dollars for the watering and care of the Grand Army Cemetery at Carson City, Nevada.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The sum of three hundred dollars is hereby appropriated, out of any money in the General Fund not otherwise appropriated, for the purpose of watering and caring for the Grand Army Cemetery at Carson City, Nevada.

      Sec. 2.  Annually on the first Monday in September, nineteen hundred and nine and nineteen hundred and ten, the State Board of Examiners shall audit and allow the Post Quartermaster of the Grand Army at Carson City, Nevada, the sum of one hundred and fifty dollars, on the filing with said Board of Examiners, by the said Post Quartermaster, the claim and sworn statement that the amount had been expended as provided in Section 1 of this Act.

      Sec. 3.  The State Controller is hereby authorized and required to draw his warrants in favor of said Post Quartermaster for the sums named in this Act, and the State Treasurer is hereby authorized and required to pay the same.

Chap. LXIII.–An Act authorizing the State Board of Capitol Commissioners to sell and dispose of, at public auction, worn and unused furniture and other personal property belonging to the State.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The State Board of Capitol Commissioners are hereby authorized, at such times as they may deem proper, to sell and dispose of, to the highest responsible bidders, any or all unused, worn or broken furniture or other personal property belonging to the State of Nevada as a majority of said Board shall determine.

sell and dispose of, to the highest responsible bidders, any or all unused, worn or broken furniture or other personal property belonging to the State of Nevada as a majority of said Board shall determine. Before any such sale shall be held, the Clerk of the Board of Capitol Commissioners shall cause to be published in the newspaper publishing the official advertising of the State a notice describing the quantity and character of property to be sold and the date of such sale.

      Sec. 2.  For the purpose of carrying out the provisions of this Act the Board of Capitol Commissioners may employ an auctioneer, who shall be compensated entirely upon a commission basis. All sales shall be made strictly for cash and delivery of the goods sold made at the expense of the purchaser.

      Sec. 3.  All moneys received from the sales authorized by this Act, after deducting necessary expenses, shall be deposited in the State Treasury by the Clerk of the Board of Capitol Commissioners to the credit of the fund for maintenance of the Capitol Building and grounds.

Capitol Commissioners to sell at auction all discarded furniture, etc.

Auctioneer on commission only.

Proceeds, how applied.

Chap. LXIV.–An Act to regulate the hours of employment of working men in open-pit and open-cut mines, so as to better protect the health and safety of those engaged in such work or occupation, and providing penalties for the violation thereof.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The period of employment of working men in open-pit and open-cut mines shall not exceed eight (8) hours in any twenty-four (24) hours, except in cases of emergency where life or property is in imminent danger.

      Sec. 2.  Any person who violates any provisions of section one of this Act, or any person, persons, corporation, employer, or his agent, who hires, contracts with, or causes any person to labor in any open-pit or open-cut mines, for a period of time longer than eight (8) hours within any twenty-four (24) hours, except in cases of emergency where life or property is in imminent danger, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

      Sec. 3.  This Act shall take effect thirty days from and after its passage.

Eight hours a day’s work in certain mines.

Penalty for violation.

In effect.

Disposal of rubbish in unincorporated towns.

Penalties for violation.

Repeal.

Chap. LXV.–An Act to prevent throwing, placing or depositing slop, empty bottles, dead animals or other refuse or garbage upon any sidewalk or street and other specified places in any unincorporated town of this State.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  It shall be unlawful for any person or persons to throw, place or deposit any slop, empty bottles, dead animals or other refuse or garbage on any sidewalk or in or upon any street or alley or any vacant or occupied lot in any unincorporated town in this State.

      Sec. 2.  Any person or persons violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than five dollars ($5) nor more than fifty dollars ($50), or imprisoned in the county jail or branch county jail of the county in which such conviction is had, for any term not exceeding twenty-five days, or by both such fine and imprisonment.

      Sec. 3.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

County Commissioners to levy tax on sheep, when.

Chap. LXVI.–An Act to amend an Act entitled “An Act regulating the sheep industry in the State of Nevada, creating a State Board of Sheep Commissioners, defining their duties, and prescribing their compensation,” approved March 26, 1907.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section four of an Act entitled “An Act regulating the sheep industry in the State of Nevada, creating a State Board of Sheep Commissioners, defining their duties and prescribing their compensation,” approved March 26, 1907, is hereby amended so as to read:

      Section 4.  The Board of County Commissioners, at the time of the annual levy of taxes, must, at the request of the Board, levy the rate of tax recommended by the Board, not to exceed twelve mills on the dollar, on all sheep assessed in their respective counties, according to the assessed valuation of the same, the said tax to be collected as other taxes and paid to the State Treasurer, who must keep the same in a separate fund to be known as the Sheep Inspection Fund.

Chap. LXVII.–An Act to amend section four of an Act entitled “An Act defining and classifying transient stock and providing for the assessment, collection and distribution of taxes on the same, and providing penalties for violation of its provisions,” approved March 9, 1903.

[Approved March 5, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

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

      Section 4.  Every person or persons, other than bona fide residents of the State, bringing live stock into the State, for the purpose of being grazed for any length of time, shall be required by the Assessor of the county where such certificate is filed, to pay the sum of twenty cents on each and every head of sheep, and forty cents on each and every head of cattle or other live stock so certified, which collection shall be deposited with the County Treasurer; provided, that said twenty cents per head on sheep, and forty cents per head on cattle and other live stock, shall at the end of such year be returned to the person paying the same, upon a showing that he has paid the regular annual tax in that county for that year upon all said property the same as other persons have paid on like property permanently located in the State; or such portion of said payment shall be returned as shall exceed the amount of the regular tax for said year; provided, further, that any person so certifying to the ownership of transient stock, in lieu of the payment of the said twenty cents per head on sheep, and forty cents per head on cattle and other live stock, may execute a bond to such county with two or more sureties, to be approved by and filed with the County Treasurer, conditioned that such person will regularly and punctually pay all taxes which may become due thereon during the year.

Per capita tax on transient stock.

Provisos.

Alternative.

Chap. LXVIII.–An Act to amend sections three and six of an Act entitled “An Act to segregate certain county officers in Elko County, State of Nevada, and fixing their salaries,” approved March 27, 1907.

[Approved March 6, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

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

      Section 3.  The County Recorder, and as ex officio Auditor, shall receive the sum of two thousand dollars per annum; he shall pay into the county treasury each month all moneys collected by him as fees.

Salaries of certain Elko County officers.

Same.

collected by him as fees. The County Recorder, and as ex officio Auditor, may appoint one deputy, who shall receive a salary of twelve hundred dollars per annum.

      Sec. 2.  Section six of said Act is hereby amended so as to read as follows:

      Section 6.  The County Assessor shall receive a salary of two thousand two hundred dollars per annum; said Assessor shall be allowed an office deputy from April first to October first during each year, at a salary of one hundred dollars per month for said six months, and two field deputies for not to exceed two months each at any time between March first and September first during each year at a salary of one hundred dollars each month for said two months.

Civil Practice Act amended

Service of summons by publication.

Deposit in postoffice.

Forty days to answer.

Chap. LXIX.–An Act to amend an Act entitled “An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto,” approved March 8, 1869.

[Approved March 6, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Section thirty-one of said Act is hereby amended so as to read as follows:

      Section 31.  The order shall direct the publication to be made in a newspaper, to be designated by the Court or Judge thereof as one most likely to give notice to the person to be served, for a period of six weeks, and at least once a week during said time. In case of publication, where the residence of a non-resident or absent defendant is known, the Court or Judge shall also direct a copy of the summons and complaint to be deposited in the postoffice, directed to the person to be served at his place of residence. When publication is ordered, personal service of a copy of the summons and complaint, out of the State, shall be equivalent to completed service by publication and deposit in the postoffice, and the person so served shall have forty days after said service to appear and answer or demur. The service of summons shall be deemed complete in cases of publication at the expiration of six weeks from the first publication, and in cases when a deposit of a copy of the summons and complaint in the postoffice is also required, at the expiration of six weeks from such deposit. In actions upon contracts for the direct payment of money, evidenced by written instrument, the Court may, instead of ordering publication, appoint an attorney to appear and answer for the non-resident, absent or concealed defendant, and conduct the proceedings on his part.

Chap. LXX.–An Act fixing and regulating licenses on automobiles and providing a penalty for a violation thereof.

[Approved March 6, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  From and after the passage of this Act, any person or persons, firm, company, corporation or association who keeps or uses automobiles of any description for hire or rent, shall obtain from the Sheriff of the county in which such business is transacted, a license for the transaction of such business and pay therefor the sum of two dollars and fifty cents ($2.50) per month.

      Sec. 2.  Any person violating the provisions of this Act shall be guilty of a misdemeanor and punished by a fine of not less than twenty dollars ($20) nor more than one hundred dollars ($100), or by imprisonment in the county jail for a term not exceeding sixty days.

Licenses for automobiles kept for hire or rent.

Penalty.

Chap. LXXI.–An Act to authorize the City Council of the City of Reno to dispose of certain land known as McKinley Park now belonging to the City of Reno.

[Approved March 8, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  The City Council of the City of Reno is authorized to sell and convey, for one dollar, without appraisement, to Reno School District No. 10, for school purposes only, the whole of block “Y” in Powning’s Addition as shown upon the latest official plat on file, fronting on the south line of Jones Street; on the west line of Vine Street; on the east line of Keystone Avenue, and on the north line of Riverside Avenue, being a parcel of land three hundred feet more or less in width easterly and westerly, and four hundred feet more or less in length northerly and southerly, and known as McKinley Park; provided, should said land ever be used for other than public school purposes it shall at once revert to and become the property of the City of Reno

      Sec. 2.  To carry out the provisions of section one of this Act, all Acts and parts of Acts in conflict with the provisions of said section one are hereby repealed; provided, such repeal shall be effective only to make operative said section one, and for no other purpose.

City Council of Reno authorized to sell McKinley Park for school purposes only.

Proviso.

Conditional repeal.

Witness fees in criminal cases in Lander County.

County to pay.

Proviso.

Chap. LXXII.–An Act fixing the fees and compensation of witnesses in criminal cases in and for the County of Lander, State of Nevada, and providing payment therefor.

[Approved March 8, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  From and after the approval of this Act, all witnesses subpenaed in criminal cases within and for the County of Lander in the Third Judicial District shall receive as compensation two and one-half dollars per diem from the date of their appearance at court (as per subpena) until excused. The Clerk of said Court shall keep a pay-roll, enrolling therein all names of witnesses, the number of days in attendance, and the actual number of miles traveled by the most practical route, in coming to and returning from said court, for which such witness shall receive ten cents for each mile so traveled. The Clerk of said Court shall forthwith give a statement of such amount to the County Auditor, who shall draw his warrant upon the County Treasurer for the payment of such witness; provided, however, that no more than two witnesses shall be subpenaed to prove the same fact at the expense of the State and that the Judge before whom the hearing is had shall promptly at the conclusion of the witness’ testimony certify that the testimony of said witness was material and relevant to the matter tried.

Certification of prepared copies of records.

Fees but one-third.

Chap. LXXIII.–An Act relating to the certification of public records or documents and the fees chargeable therefor.

[Approved March 8, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  Whenever any person shall present to the custodian or other person authorized to make and certify copies of any public record or document in any and all counties of the State not divided in the year 1909 a printed or typewritten copy of any such record or document, or any part thereof, it shall be the duty of such custodian or person to forthwith compare such copy with the original thereof and make the same a true and correct copy thereof and officially certify the same as such, and the fees and compensation legally chargeable or receivable therefor shall be only one-third of what said fees or compensation would have been if said custodian or person had made and certified said copy.

Chap. LXXIV.–An Act to promote the public safety by requiring common carrier railroads to provide adequate train crews and defining such crews, and prescribing a penalty for the violation of the provisions thereof.

[Approved March 8, 1909.]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

      Section 1.  It shall be unlawful for any person, firm, company or corporation, engaged in the business of common carrier, operating freight and passenger trains or either of them, within or through the State of Nevada, to run or operate, or permit or cause to be run or operated, within or through this State, along or over its road or tracks other than along or over the roads or tracks within yard limits, any freight or passenger train of more than fifty freight, passenger or other cars, exclusive of caboose and engine, with less than a full train crew consisting of not less than six persons, to wit: One conductor, one engineer, one fireman, two brakeman, and one flagman.

      Sec. 2.  The flagman mentioned in Section 1 of this Act shall have had at least one year’s actual experience in train service.

      Sec. 3.  Nothing in this Act shall be considered to repeal or affect in whole or in part that certain Act entitled “An Act to regulate railroads, telegraph and telephone companies and other common carriers in this State, creating a Railroad Commission, constituting the Governor, the Lieutenant-Governor, and the Attorney-General a Railroad Board for the appointment and removal of the Railroad Commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges,” approved March 5, 1907.

      Sec. 4.  Any person, firm, company, or corporation, engaged in the business of common carrier, violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars.

Regulating railroads as to number of employees on each train.