Sec. 54.  For salary and subsistence of the guards called the “Death Watch,” and care of condemned prisoners under sentence of death, six thousand dollars ($6,000).

      Sec. 55.  For salary of Warden of State Prison, six thousand dollars ($6,000).

      Sec. 56.  For the support of Hospital for Mental Diseases, to be expended under the direction of the Board of Commissioners for the Care of the Indigent Insane, ninety-two thousand dollars ($92,000).

      Sec. 57.  For repairs and improvements on buildings of Hospital for Mental Diseases, sixteen thousand two hundred and ninety dollars ($16,290), to be expended as follows: Repairs $3,000, fire escapes $2,750, finishing power and pumping plant $8,000, purchasing cattle $700, recreation room for employees $500, relief fund for discharged patients $400, industrial shop $500, library fund $200, salary of Chaplain $240.

      Sec. 58.  Tuition and support of the deaf and dumb and blind, seven thousand dollars ($7,000).

      Sec. 59.  For traveling and necessary expenses of District Judges, eight thousand dollars ($8,000).

      Sec. 60.  For Watchman of the Capitol Building, two thousand six hundred and forty dollars ($2,640).

      Sec. 61.  For salary of Janitor of Capitol Building, two thousand six hundred dollars ($2,600).

      Sec. 62.  For salary of Engineer of Library and Capitol Buildings, two thousand six hundred dollars ($2,600).

      Sec. 63.  For salary of Gardener of Capitol Grounds, two thousand six hundred dollars ($2,600).

      Sec. 64.  For stationery, fuel and lights for State offices and the State Capitol Building and grounds, eight thousand dollars ($8,000).

      Sec. 65.  For current expenses, for telegraph, postal and contingent, for the State officers, Supreme Court and State Library, and for transportation of State property, eight thousand dollars ($8,000).

      Sec. 66.  For election expenses, seven hundred dollars ($700).

      Sec. 67.  For expenses of Capitol and State Printing Buildings, grounds and water-works, two thousand dollars ($2,000).

      Sec. 68.  For carpet and chairs for Supreme Court Room, six hundred dollars ($600).

      Sec. 69.  For traveling expenses of Governor and Attorney- General, two thousand five hundred dollars ($2,500).

      Sec. 70.  For the completion of the central heating plant of the University, thirty-one thousand dollars ($31,000).

      Sec. 71.  For the support of the University, one hundred twenty-five thousand dollars ($125,000); sixty-five thousand dollars to come from the Contingent University Fund; eight thousand dollars to come from the Interest Account, 90,000-Acre Grant; and fifty-two thousand dollars from the General Fund, to be expended as set forth in the Report of Regents of the University, excluding the amount set forth for Mackay School of Mines.

Death watch.

Warden.

Hospital for Mental Diseases.

Repairs, etc.

Deaf, dumb, and blind.

District Judges.

Watchman of Capitol.

Janitor.

Engineer.

Gardener.

Lights and fuel, Capitol.

Current expenses, State officers

Election expenses.

Capitol and Printing Office.

Furniture, Supreme Court.

Traveling expenses.

Heating plant, University.

Support of University.

Insurance, State Buildings.

Rewards.

Board of Health.

Board of Assessors.

Virginia Mining School.

License Inspector.

Expenses.

Capitol repairs.

Railroad Commission.

Secretary.

Expenses.

Fish Commission.

Bank Examiner.

University students’ aid.

State Police.

Cataloguing Library.

Expenses Bank Examiner.

Teachers’ examinations.

Books, University Library.

Fund, to be expended as set forth in the Report of Regents of the University, excluding the amount set forth for Mackay School of Mines.

      Sec. 72.  For insurance on Capitol Building, Library Building, Armory Building, State Library, public records and furniture, three thousand dollars ($3,000).

      Sec. 73.  For payment of rewards offered by the Governor, two thousand dollars ($2,000).

      Sec. 74.  For support of the State Board of Health, one thousand dollars ($1,000).

      Sec. 75.  For support of the State Board of Assessors and traveling expenses, four thousand dollars ($4,000).

      Sec. 76.  For support of Virginia City School of Mines for years 1909 and 1910, thirty-six hundred dollars ($3,600).

      Sec. 77.  For salary of the License and Bullion Tax Agent, five thousand dollars ($5,000).

      Sec. 78.  For traveling expenses of the License and Bullion Tax Agent, three thousand dollars ($3,000).

      Sec. 79.  For repairs of the Capitol Building, three thousand dollars ($3,000).

      Sec. 81.  For salary of the Railroad Commissioners, twenty thousand dollars ($20,000).

      Sec. 82.  For the salary of the Secretary of Railroad Commission, forty-eight hundred dollars ($4,800).

      Sec. 83.  For traveling and contingent expenses of Railroad Commission, ten thousand dollars ($10,000).

      Sec. 84.  For the necessary expenses of the Board of Fish Commissioners in carrying out the provisions of an Act entitled “An Act to provide for the appointment of a Board of Fish Commissioners, and to define their duties,” approved March 16, 1905, seven thousand eight hundred dollars ($7,800).

      Sec. 85.  For salary of Bank Examiner, five thousand five hundred dollars ($5,500).

      Sec. 86.  For students’ aid, to be expended under the direction of the Board of Regents, five thousand dollars ($5,000), at least $1,500 of which shall be expended under the direction of the Professor of Mining and Metallurgy for the expenses of students while engaged in field work.

      Sec. 87.  For the support of the Nevada State Police, fifty thousand dollars.

      Sec. 88.  For cataloguing the Nevada State Library, three thousand ($3,000) dollars.

      Sec. 89.  For traveling and other expenses of State Bank Examiner, three thousand ($3,000) dollars.

      Sec. 90.  For conducting the teachers’ examinations and grading the papers, and payment of incidental expenses, eighteen hundred ($1,800) dollars.

      Sec. 91.  For the purchase of books for library of University of Nevada, and for no other purpose, and to be expended under the direction of the University Librarian, ten thousand ($10,000) dollars.

      Sec. 92.  For the salary of Professor Emeritus in English, to be expended under the direction of the Board of Regents of the University, twelve hundred dollars ($1,200).

      Sec. 94.  For furnishing of the Biological Building at University of Nevada, four thousand ($4,000) dollars.

      Sec. 95.  For construction of a greenhouse connected with Biological Building at University of Nevada, five thousand ($5,000) dollars.

      Sec. 95.  For salary of Inspector of Mines, seven thousand two hundred ($7,200) dollars.

      Sec. 96.  For traveling expenses of Inspector of Mines, thirty-six hundred ($3,600) dollars.

      Sec. 99.  For salary of Deputy Inspector of Mines, forty-eight hundred ($4,800) dollars.

Salary Professor Emeritus.

Furnishing Biological Building.

Greenhouse.

Inspector of Mines.

Expenses.

Deputy.

Chap. CXLI.–An Act fixing the salary of the Private Secretary to the Governor, and making an appropriation therefor.

[Approved March 22, 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 salary of the Private Secretary to the Governor shall be two thousand four hundred dollars per annum, payable out of the General Fund; provided, that the said Secretary shall not receive any additional compensation for services as Clerk of the Board of Pardons, Clerk of the Board of Capitol Commissioners, Clerk of the Board of Assessors, or as Clerk or Secretary of any other board or commission.

      Sec. 2.  The State Controller is hereby directed to draw his warrant for the salary named in section one of this Act and the State Treasurer to pay the same each month.

      Sec. 3.  All Acts or parts of Acts in conflict herewith are hereby repealed.

Increasing salary of Governor’s Private Secretary.

Duties of Controller and Treasurer.

Chap. CXLII.–An Act to amend an Act entitled “An Act to amend an Act entitled Senate Substitute for Assembly Bill No. 99-An Act relating to the duties, salaries and compensation of county and township officers of Storey County, Nevada,” approved March 11, 1899, approved February 21, 1901.

[Approved March 20, 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.  On and after the first of April, A. D. nineteen hundred and nine, the following-named officers within Storey County, Nevada, shall receive in full payment, for all services rendered by them, the following salaries:

Salaries of Storey County officers.

Sheriff.

Deputy.

County Clerk.

Recorder.

Commissioners.

Justice of the Peace.

Constable.

In effect.

County, Nevada, shall receive in full payment, for all services rendered by them, the following salaries:

      The Sheriff, for services as Sheriff and ex officio Assessor, shall receive the sum of eighteen hundred dollars a year; the Sheriff as ex officio Assessor may appoint not to exceed one Deputy Assessor for the period of fifty days each year, who shall receive four dollars for each day’s service performed, Sunday excepted. The Sheriff may appoint a Deputy Sheriff who shall be jailer. The Deputy Sheriff, for services as jailer, shall receive fifteen hundred dollars a year. The County Clerk and ex officio County Treasurer shall receive eighteen hundred dollars a year. The County Clerk and ex officio County Treasurer may appoint one deputy for thirty days in each year, whose salary shall be four dollars per day for each day’s actual service. The County Recorder for services as County Recorder and ex officio County Auditor, shall receive the sum of fifteen hundred dollars a year. The District Attorney shall receive the sum of fifteen hundred dollars a year. The County Commissioners shall each receive the sum of three hundred and sixty dollars a year, for performing all the duties imposed by law. The Justice of the Peace of Township Number One shall receive the sum of nine hundred dollars a year, and such fees in civil cases only as are allowed by law; provided, such Justice of the Peace shall have no claim against the county for services rendered in civil or criminal cases. The Constable of Township Number One shall receive nine hundred dollars a year; provided, such Constable shall have no claim against the county for services rendered in civil and criminal cases.

      Sec. 2.  This Act shall take effect on and after April 1, 1909.

Criminal witnesses in White Pine County.

Per diem.

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

[Approved March 22, 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 summoned on behalf of the State, within and for the County of White Pine, in the Fourth Judicial District, shall receive as compensation two and one-half dollars per diem, from the date of their appearance at court (as per summons) 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 practicable route, in coming to and returning from said court for which such witness shall receive ten cents for each mile so traveled.

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.

      Sec. 2.  In all criminal cases where the defendant is unable to defray the expenses of his witnesses, he shall make an affidavit setting forth that fact, and the Court shall order the Clerk to issue subpenas for said witnesses, and their names shall be on the witness pay-roll, in the same manner as the State’s witnesses; provided, however, that no defendant shall summons more than two witnesses to prove the same fact at the expense of the State, and that the Judge before whom the hearing is had shall certify that the testimony of said witnesses was material and relevant to the matter tried.

Expenses of witnesses

Proviso.

Chap. CXLIV.–An Act to amend section twelve of an Act entitled “An Act to secure liens to mechanics and others, and to repeal all other Acts in relation thereto,” approved March 2, 1875, approved March 6, 1903.

[Approved March 22, 1909.]

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

Assembly, do enact as follows:

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

      Section 12.  Any number of persons claiming liens may join in the same action; and when separate actions are commenced the Court may consolidate them. The Court may also allow, as part of the costs, the moneys paid for filing and recording the lien, and shall also allow to the prevailing party reasonable attorney’s fees.

      Sec. 2.  All Acts or parts of Acts in conflict with the above are hereby repealed.

Liens may be consolidated

Attorney fees.

Repeal.

Chap. CXLV.–An Act to authorize and require the Board of County Commissioners of Humboldt County, State of Nevada, to issue bonds on the property of the Town of Lovelock, in said county, for the establishment of a sewerage system in said town, and matters relating thereto.

[Approved March 22, 1909.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of providing a sewerage system for the Town of Lovelock, and for conducting the sewerage of said town out of and away from the same, the Board of County Commissioners of Humboldt County, State of Nevada, is hereby authorized and required to, within sixty (60) days from and after the approval of this Act, issue bonds for a sum not exceeding twenty thousand dollars ($20,000) in United States gold coin, none of which said bonds shall be issued for a period longer than twenty (20) years from the date thereof.

Bonds for sewerage system in Lovelock, Humboldt County.

Denomination of bonds.

Redemption.

Bonds, how prepared.

Not to be sold under par.

Town boundaries defined.

Interest on bonds, how paid.

is hereby authorized and required to, within sixty (60) days from and after the approval of this Act, issue bonds for a sum not exceeding twenty thousand dollars ($20,000) in United States gold coin, none of which said bonds shall be issued for a period longer than twenty (20) years from the date thereof.

      Sec. 2.  Said bonds shall be issued for sums not less than one hundred dollars ($100) each, shall be numbered consecutively and shall bear interest at a rate not exceeding six (6) per centum per annum, which said interest shall be payable annually at such annual date as the Board of County Commissioners shall fix at the time of issuing said bonds, the coupons for such payment of interest to be attached to each of said bonds, said coupons to be numbered consecutively and signed by the Chairman of the Board of County Commissioners and the County Treasurer. Said bonds shall purport that there is due the holder thereof from the County of Humboldt, State of Nevada, a sum to be expressed therein.

      Sec. 3.  The principal of said bonds shall be made payable as follows: One thousand dollars ($1,000) of said bonds shall be made payable January first, A. D. one thousand nine hundred and ten (1910), and the remainder shall be made payable in annual payments of one thousand dollars ($1,000) thereafter, none of which bonds shall run for a longer period than twenty (20) years from the date thereof.

      Sec. 4.  The bonds and coupons herein provided for shall be signed by the Chairman of the Board of County Commissioners and the County Treasurer, countersigned by the County Clerk and authenticated by the county seal of said Humboldt County.

      Sec. 5.  Said bonds shall be sold at not less than par value, and all moneys received from the sale thereof shall be paid into the county treasury of Humboldt County, and the County Treasurer of said Humboldt County is hereby required to receive and safely keep the same in a fund to be known as the “Lovelock Sewerage System Fund,” and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of County Commissioners. The County Treasurer shall be liable on his official bond 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.  The boundaries of said Town of Lovelock for the purposes of this Act shall be, and are hereby made, the same as define the boundaries of said town and the town site of Lovelock, as shown on the map or plat of said town or town site last adopted and approved by the Board of County Commissioners and on file and of record in the office of the County Recorder of said Humboldt County, Nevada.

      Sec. 7.  The Board of County Commissioners of said Humboldt County, Nevada, are hereby authorized and specially required to pay the interest on said bonds for the first year out of the funds in the hands of the County Treasurer to the credit of the said Town of Lovelock as licenses, and for the purpose of providing for the payment of interest on said bonds for subsequent years, the Board of County Commissioners for said Humboldt County, Nevada, are hereby authorized and specially required, at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and ten (1910), and annually thereafter, until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Lovelock such tax as [will] in their judgment will, for the year nineteen hundred and ten (1910) and for each year thereafter, produce the amount of money necessary to pay the interest on said bonds as herein provided; provided, that should there, during any of such subsequent years, be sufficient funds in the hands of the County Treasurer of said county to the credit of said Town of Lovelock, the County Commissioners may, if they deem it best, direct that such interest be paid from such funds instead of levying said tax for any one or more years.

of the funds in the hands of the County Treasurer to the credit of the said Town of Lovelock as licenses, and for the purpose of providing for the payment of interest on said bonds for subsequent years, the Board of County Commissioners for said Humboldt County, Nevada, are hereby authorized and specially required, at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and ten (1910), and annually thereafter, until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Lovelock such tax as [will] in their judgment will, for the year nineteen hundred and ten (1910) and for each year thereafter, produce the amount of money necessary to pay the interest on said bonds as herein provided; provided, that should there, during any of such subsequent years, be sufficient funds in the hands of the County Treasurer of said county to the credit of said Town of Lovelock, the County Commissioners may, if they deem it best, direct that such interest be paid from such funds instead of levying said tax for any one or more years. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes; shall be paid into the county treasury and kept by the County Treasurer in a fund to be known as the “Lovelock Sewerage System Interest Fund,” and the money in said fund shall be disbursed by the Treasurer in payment of the interest upon said bonds as the same becomes due, upon presentation and surrender by the holder of the coupons therefor.

      Sec. 8.  For the purpose of providing for the payment of the bonds hereby authorized and required to be issued, the Board of County Commissioners of Humboldt County are authorized and specially required to pay the bonds maturing and falling due January first, nineteen hundred and ten (1910), out of the funds in the hands of the County Treasurer to the credit of the said Town of Lovelock as licenses, and to provide for the payment of such bonds maturing and falling due in subsequent years, the said Board of County Commissioners are hereby authorized and specially required, at the time of the annual levy of taxes for the year nineteen hundred and ten (1910), and annually thereafter until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Lovelock a tax sufficient to raise the sum of one thousand dollars ($1,000) for the year nineteen hundred and ten (1910) and for each year thereafter, sufficient to pay the principal of said bonds, issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, shall be paid into the county treasury, and by the County Treasurer assigned to the general fund of said Humboldt County. At the maturity of said bonds they shall be paid by the County Treasurer out of said general fund of said county, upon the presentation and surrender of said bonds. If the tax so as aforesaid levied for the interest on, and the redemption of, said bonds should exceed the sum of one thousand dollars ($1,000) and said interest, whenever the aggregate amount of money collected shall equal the full sum necessary to redeem all of said bonds outstanding and unredeemed, and the interest thereon, the tax hereby authorized shall cease, and, should there be any excess over and above the amount necessary for the redemption of all unredeemed bonds and the payment of all interest thereon, the amount of such excess shall remain in or be transferred to the said “Lovelock Sewerage System Fund,” to be used for the purpose of maintaining the sewerage system authorized by this Act to be installed.

Tax levy.

Proviso.

Provisions as to interest and redemption.

Lovelock Sewerage System Fund.

Clerk to keep record.

Bonds canceled, when.

County Commissioners to engage competent engineer.

the interest on, and the redemption of, said bonds should exceed the sum of one thousand dollars ($1,000) and said interest, whenever the aggregate amount of money collected shall equal the full sum necessary to redeem all of said bonds outstanding and unredeemed, and the interest thereon, the tax hereby authorized shall cease, and, should there be any excess over and above the amount necessary for the redemption of all unredeemed bonds and the payment of all interest thereon, the amount of such excess shall remain in or be transferred to the said “Lovelock Sewerage System Fund,” to be used for the purpose of maintaining the sewerage system authorized by this Act to be installed. Should the amount of said tax realized up to and including the year nineteen hundred and twenty-nine (1929) be less than the amount necessary for the redemption of all outstanding and unredeemed bonds and the payment of the interest accrued thereon, they shall nevertheless be redeemed and paid out of the general fund as herein provided, and a special tax shall be levied by the Board of County Commissioners upon the property within the Town of Lovelock for the year nineteen hundred and thirty (1930) sufficient to cover such deficiency, which tax shall be levied, assessed, and collected in the usual manner and paid into the general fund of said county.

      Sec. 9.  The County Clerk 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. 10.  Whenever the County Treasurer shall pay any of the bonds authorized by this Act, or the coupons for interest thereon, he shall cancel the same by writing across the face thereof the word “Paid,” together with the date of such payment, sign his name thereto and file the same in his office. The interest on the bonds authorized to be issued by this Act shall cease to run whenever the bonds, by the terms thereof, become due and payable; provided, that at the time that such bonds become due and payable, there are funds on hand to meet the same.

      Sec. 11.  The Board of County Commissioners of Humboldt County are hereby authorized and required to, as soon as the bonds authorized by this Act have been disposed of and the money from the sale thereof deposited in the said fund, secure the services of a competent engineer whose compensation shall not exceed three hundred dollars ($300) and who shall forthwith upon his being employed, proceed to plan and map the sewerage system to be installed in said Town of Lovelock, which system shall as far as practicable cover and include all the property in said town according to the map thereof, with full, complete and detailed specifications therefor, including the size of the main and lateral pipes, intakes, man-ways, discharge and discharge pipe, the number of feet of pipe or tiling, the depth to which the same must be laid, the character and kind of pipe to be used, the character of intakes, the length and character of conduit to point of discharge outside of the town limits of said town, and all other items and specifications appurtenant to a fully equipped and efficient sewerage system for said town, or necessary for properly completing the same.

intakes, the length and character of conduit to point of discharge outside of the town limits of said town, and all other items and specifications appurtenant to a fully equipped and efficient sewerage system for said town, or necessary for properly completing the same. Upon the filing by such engineer of such plans, maps, and specifications, and the acceptance of the same by the Board of County Commissioners, with whom the engineer shall file the same, said engineer’s claim for services shall be allowed in the same manner as claims against the county are allowed, and shall be paid out of said “Lovelock Sewerage System Fund.”

      Sec. 12.  Upon the filing with the Board of County Commissioners as aforesaid of said plans and specifications, said Board shall immediately advertise, in some newspaper published in Humboldt County, Nevada, in some newspaper published in the City of San Francisco, California, in some newspaper published in the City of Reno, Nevada, and by giving and sending out such other written notices as it may deem advisable, for sealed proposals for the installation of said sewerage system according to the plans and specifications furnished by said engineer as provided in Section 11 of this Act; provided, that said Board of County Commissioners may, before advertising as aforesaid for proposals, alter such plans and specifications in such manner as may in their judgment be necessary for the proper and complete installation and the efficient equipment of such sewerage system. Such advertisement shall run for a period not to exceed three weeks, at the expiration of which said Board shall proceed to open said proposals and shall award the contract for such installation of said system to the lowest and best bidder; provided, that said Board may reject any and all bids; and provided further, that no bid shall be considered and no contract awarded for an amount exceeding in the opinion of said Board the money available for such work. If no contract be awarded after the first advertising as aforesaid, said Board shall immediately proceed to readvertise for bids, in the manner above provided, making, if necessary, such alterations in the plans and specifications provided as may reduce the cost but not impair the ultimate efficiency of the sewerage system, and shall continue to so advertise until proposals are received that come within the provisions of this Act; provided, that no advertisement shall run for a period exceeding three weeks. The bidder to whom any contract is let under the provisions of this Act shall, before such contract is executed to him, enter into a bond to the County of Humboldt, State of Nevada, in the sum of ten thousand dollars ($10,000) conditioned for the faithful and honest carrying out of said contract in compliance with all the provisions thereof, which said bond must be approved by said Board of County Commissioners.

      Sec. 13.  Upon the completion of said contract and the formal acceptance of the work and the system by the Board of County Commissioners, which acceptance shall be made only after a fair and thorough examination and inspection and trial of the system upon its completion, the claim of the contractor shall be allowed, approved and audited and shall be paid by the County Treasurer out of the moneys in the “Lovelock Sewerage System Fund.”

Bids to be advertised.

Proviso.

Contract, how awarded.

Bond of contractor.

Contract, when accepted.

System to be fully equipped.

Residue to remain.

Expense of issuing bonds, how paid.

Commissioners to fully carry out plans.

Faith of State pledged.

of County Commissioners, which acceptance shall be made only after a fair and thorough examination and inspection and trial of the system upon its completion, the claim of the contractor shall be allowed, approved and audited and shall be paid by the County Treasurer out of the moneys in the “Lovelock Sewerage System Fund.”

      Sec. 14.  If after the completion and acceptance of said system and the payment therefor, there remains anything to be furnished said system to make the same efficient, the Board of County Commissioners shall at once equip the same with such things as may be necessary to its efficiency, the cost of the same to be paid out of the “Lovelock Sewerage System Fund” and the claims therefor to be allowed, audited and paid as claims against the county are allowed, audited and paid.

      Sec. 15.  If, after the full completion of said system, there remains any money in the “Lovelock Sewerage System Fund,” the same shall remain in such fund for the maintenance of said system.

      Sec. 16.  The expense of preparing and issuing the bonds provided for by this Act shall be paid out of the general fund of Humboldt County, and after the sale of said bonds, an amount sufficient to reimburse said general fund shall be transferred thereto from said “Lovelock Sewerage System Fund.”

      Sec. 17.  The Board of County Commissioners of said county shall do all things necessary and needful to carry this Act and the purposes thereof into effect and to the proper construction of said system, and to that end may, if they deem it best, use and apply to the construction of said system, any funds in the hands of the County Treasurer or hereafter to come to his hands, to the credit of the said Town of Lovelock as licenses.

      Sec. 18.  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 hereof shall have been paid in full.

County Normal Training Schools.

Chap. CXLVI.–An Act for the establishment of Normal Training Schools and for the maintenance and control of the same.

[Approved March 20, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Upon notification by the County Board of Education in counties where a county high school is in operation, and of the Board of Trustees of the School District in which the county-seat is located, in counties not having an established county high school, that the said County Board of Education or Board of Trustees and the Board of County Commissioners of the county have decided by a majority vote of each of the said Boards to establish a Normal Training School, and that there are at least five bona fide applicants for a normal training course in such school, the State Board of Education shall, subject to the provisions herein named, grant permission to establish and maintain a Normal Training School for the purpose of giving free instruction and training in the principles of education and methods of teaching to residents of this State; provided, that no such Normal Training School shall be established in any county having within its borders a State Normal School or State University; and, provided further, that but one such Normal Training School shall be established in any county.

Commissioners of the county have decided by a majority vote of each of the said Boards to establish a Normal Training School, and that there are at least five bona fide applicants for a normal training course in such school, the State Board of Education shall, subject to the provisions herein named, grant permission to establish and maintain a Normal Training School for the purpose of giving free instruction and training in the principles of education and methods of teaching to residents of this State; provided, that no such Normal Training School shall be established in any county having within its borders a State Normal School or State University; and, provided further, that but one such Normal Training School shall be established in any county.

      Sec. 2.  The State Board of Education shall constitute the Normal Training School Board.

      Sec. 3.  The duties of the Normal Training School Board shall be as follows:

      First-To determine the qualification for admission to the Normal Training School; provided, that applicants who do not hold a diploma from an accredited high school or a teachers’ certificate of at least the primary grade shall be required to pass an entrance examination. And said examination shall include all subjects taught in the high schools as provided by the laws of this State.

      Second-To establish a course of study to be pursued for a period of not less than thirty-six weeks.

      Third-To grant certificates of graduation to such persons as finish the course adopted in such form as the Normal Training School Board shall prescribe.

      Sec. 4.  The certificate of graduation shall entitle the holder thereof to the State teachers’ certificate of the rural grammar-school grade without further examination, and said certificate shall entitle the holder thereof to teach in any of the rural schools of this State not employing more than one teacher, and said certificate shall not be good for more than three years and shall in no case be renewable.

      Sec. 5.  For the purpose of maintaining such Normal Training Schools as are herein described, it is further provided:

      First-That the county in which a Normal Training School shall be established shall provide rooms with heating and equipment satisfactory to the Normal Training School Board for the purposes of such school.

      Second-Upon certification of the State Board of Education that a Normal Training School has been established in any county, that the school has been properly equipped, that at least five bona fide students are in actual attendance, and that a competent Normal training teacher is employed, the State Controller shall on the first day of October and the first day of February of each year set aside from any money in the State General Fund not otherwise appropriated, a sum designated by the State Board of Education not exceeding nine hundred dollars and not less than six hundred dollars, to be known as the Normal Training School Salary Fund for.......................................

Proviso.

Duties of Normal Training School Board.

Graduation certificate.

Provisions for maintaining said schools.

Provisions for maintaining said schools.

Authority conferred.

designated by the State Board of Education not exceeding nine hundred dollars and not less than six hundred dollars, to be known as the Normal Training School Salary Fund for.......................................County, to be used in payment of the teacher’s salary and to be drawn from the State Treasury in the usual manner. Any money remaining in such fund on the thirty-first day of August of each year shall revert to the State General Fund.

      Third-In any county establishing a Normal Training School the Normal Training School Board shall, previous to the first day of September in each year, estimate the cost of maintaining the rooms and equipment of the Normal Training School for the ensuing year and certify the amount estimated to the Board of County Commissioners of said county; provided, such estimate shall not exceed the amount of five hundred dollars for any one year. Claims for equipment and maintenance shall be just and legal charges upon the general fund of said county; provided, that not more than the amount estimated shall be allowed for any one year.

      Sec. 6.  The Normal Training School Board is hereby given the power to make and put into effect any and all rules and regulations necessary to the proper conduct of any Normal Training School established under and by virtue of the provisions of this Act.

Salary and mileage, Elko County Commissioners.

Proviso

Chap. CXLVII.–An Act to amend section eight of an Act entitled “An Act to segregate certain county officers in Elko County, Nevada, and fixing their salaries, to take effect on the first Monday in April, 1909,” approved March 27, 1907.

[Approved March 22, 1909.]

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

Assembly, do enact as follows:

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

      Section 8.  The County Commissioners shall each receive the sum of nine hundred ($900) dollars per annum, and shall receive twenty cents per mile for each mile actually and not constructively traveled in going to and returning from the county-seat to attend a session of said Board; provided, however, that no County Commissioner shall receive such mileage more than once in any one calendar month.

Chap. CXLVIII.–An Act to amend an Act entitled “An Act to grant the right of way to John T. Reid and his associates, their successors and assigns, for the construction and operation of a railroad within Churchill County, State of Nevada, from either the Town of Hazen or Parren Station therein, on or near the tract of the Central or Southern Pacific Railway Company, as said grantees may select, to the Nevada United Mining Company’s mines at Copper-Reid, in Churchill County, and matters relating thereto,” approved March 27, 1907, and by such amendment to grant the further right of way to said grantees to construct, maintain and operate such railroad to a point at or near the Town of Battle Mountain, in Lander County, State of Nevada, and to extend the same from the said Hazen or Parren Station northwesterly to a point on the Western Pacific Railroad in Washoe or Humboldt County, in said State, and to construct, maintain and operate a branch line from the said Nevada United Mining Company’s mines to the Town of Lovelock, in Humboldt County, Nevada, and matters relating thereto.

[Approved March 22, 1909.]

      Whereas, At the last regular session of the Legislature of the State of Nevada held in the year 1907, an Act was passed and approved granting to John T. Reid and his associates, and their successors and assigns, a right of way to construct and operate a railroad in Churchill County, State of Nevada, from either the Town of Hazen or Parren Station in said county, on or near the track of the Central or Southern Pacific Railroad Company, to the Nevada United Mining Company’s mines in said county at Copper-Reid; provided, that the construction of such railroad should be commenced within eighteen months from the passage of said Act; and

      Whereas, The said grantees did within such eighteen months begin the construction of such railroad and have graded a portion of track on such right of way, and desire to complete such railroad and extend the same beyond the points named in said Act; therefore

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.  The right of way, not to exceed two hundred feet in width, to locate, construct, maintain and operate a narrow or broad-gage railroad with iron or steel rails, together with necessary sidetracks, switches, turnouts and turntables, over and along such route as may be deemed most advantageous from a point at or near the railroad tracks of the Central or Southern Pacific Railway Company in Churchill County, at either the Town of Hazen or Parren Station, as said grantees herein may select, to the Nevada United Mining Company’s mines at Copper-Reid, in said Churchill County, and from any point on said line of railroad to a point at or near the Town of Battle Mountain in Lander County, Nevada, and from said Town of Hazen or Parren Station, as may be selected, to a point on the Western Pacific Railway Company’s track, not yet named, in Washoe or Humboldt County, Nevada, and a branch line extending from said Copper-Reid to the Town of Lovelock, in Humboldt County, Nevada, is hereby granted to John T.

Preamble.

Railroad franchise to John T. Reid, et al.

Franchise extended to 50 years.

Proviso.

and from any point on said line of railroad to a point at or near the Town of Battle Mountain in Lander County, Nevada, and from said Town of Hazen or Parren Station, as may be selected, to a point on the Western Pacific Railway Company’s track, not yet named, in Washoe or Humboldt County, Nevada, and a branch line extending from said Copper-Reid to the Town of Lovelock, in Humboldt County, Nevada, is hereby granted to John T. Reid and his associates, their successors and assigns for the term of fifty years; provided, that the further construction of said road shall be commenced within eighteen months from the passage of this Act, and that twenty miles of track shall be completed on said right of way within five years from the passage of this Act, and such railroad completed within ten years.

School District may issue bonds for various purposes.

Chap. CXLIX.–An Act to amend an Act entitled “An Act to enable the several School Districts of the State to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings, or purchasing ground, or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon,” approved March 12, 1907, as amended February 8, 1908.

[Approved March 22, 1909.]

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

Assembly, do enact as follows:

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

      Section 1.  Any School District of the State, now existing or which may hereafter be created, is hereby authorized to borrow money for the purpose of erecting and furnishing a school building or buildings, maintaining the same, purchasing grounds on which to erect such building, or buildings, or for refunding floating indebtedness, or for any or all of these purposes, by issuing negotiable coupon bonds of the district in the manner by this Act provided.

Preamble.

Lost poll-tax receipts.

Chap. CL.–An Act for the relief of J. J. Owens.

[Approved March 23, 1909.]

      Whereas, In the year 1908, J. J. Owens, the Assessor of Nye County, settled in full for all poll-tax books received from the State Controller for Nye County for that year; and

      Whereas, During said year, two poll-tax books signed by the State Controller and charged to said J. J. Owens, containing fifty (50) blank receipts, which said receipts were lost or misplaced by said Assessor, his deputies or agents, and same cannot be found, and no value or compensation was received for them by the said J.

same cannot be found, and no value or compensation was received for them by the said J. J. Owens, who advanced and paid the value of said receipts, which amounted to the sum of one hundred and fifty dollars; and

      Whereas, The said J. J. Owens has duly filed with the State Controller, his affidavit of the facts hereinabove set forth; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of sixty-seven dollars and fifty 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 sixty-seven dollars and fifty cents in favor of J. J. Owens, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  The Board of County Commissioners of Nye County are hereby directed and required to allow the claim of J. J. Owens in the sum of eighty-two dollars and fifty cents, the proportion received by the county on account of 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.

State to reimburse J. J. Owens.

Nye County to pay its proportion.

Chap. CLI.–An Act to authorize the issuance of bonds by unincorporated cities and towns for the construction of sewerage systems.

[Approved March 22, 1909.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of constructing sewerage systems within their respective limits, and waste mains therefrom, any unincorporated city or town within this State, which is being or may hereafter be governed under the provisions of an Act of the Legislature of this State entitled “An Act providing for the government of towns and cities within this State,” approved February 26, 1881, and Acts amendatory thereof, are hereby authorized to issue bonds in the amount and manner hereinafter set forth and prescribed.

      Sec. 2.  Said bonds shall not in any such city or town at any time exceed the sum and amount of sixty thousand dollars ($60,000); they shall be of convenient denominations, ranging from one hundred dollars ($100) to one thousand dollars ($1,000), and shall bear interest at the rate of not more than six (6) per cent per annum, the interest on each bond to be payable annually, beginning on the third Monday in January of the second year after such bond shall have been issued, and upon the same date in each succeeding year during the life of such bond.

Unincorporated cities and towns may issue bonds for sewerage systems.

Amount limited.

Denomination.

Special election to determine.

Ballots.

Bonds issued, when.

Providing for redemption and interest.

annually, beginning on the third Monday in January of the second year after such bond shall have been issued, and upon the same date in each succeeding year during the life of such bond. The bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon payment of the installments of interest without injury to the bonds. The bonds shall be signed by the Chairman of the Board of County Commissioners, acting as a city or town board, and countersigned by the Clerk of said Board. The bonds shall be distinctively known as “......................... Sewerage Bonds,” the name of the city or town issuing them being inserted before the word “Sewerage.”

      Sec. 3.  Before issuing the said bonds the Board of County Commissioners, acting as such city or town board, shall publish a notice for at least three consecutive weeks in some daily newspaper published in said city or town, calling for a special election by the legally qualified electors of said city or town to determine whether such bonds shall issue. If there be no daily newspaper published in such city or town, the said notice shall be posted in at least three conspicuous places within the limits of such city or town, for the same length of time, and if there be a weekly newspaper published in such city or town, the said notice shall also be published in each issue of said weekly newspaper during the period of posting. The notice shall state specifically the amount of the proposed bond issue, the rate of interest the bonds are to bear, the time and manner of their payment, and that they are for the construction of a sewerage system.

      Sec. 4.  The Board shall cause a sufficient number of ballots to be printed which shall bear the words “Sewerage Bonds-Yes,” and “Sewerage Bonds-No,” printed thereon in parallel lines, one above the other. The voter will scratch out the “Yes” if opposed to the bonds, or the “No” if in favor of their issue. The election shall be conducted and the votes canvassed, in all essential particulars as in other city and town elections. If a majority of all the votes cast are in favor of the issue of the bonds, the Board of County Commissioners, acting as such city or town board, shall proceed at once to issue them as rapidly as needed, in conformity with the provisions of this Act. Said bonds shall be sold at not less than their par value, and shall be redeemable, in the order of their issue, not less than three years or more than fifteen (15) years from the date of their issue respectively.

      Sec. 5.  To provide for the payment of the said bonds and the interest thereon the Board of County Commissioners shall, at the time of the regular tax levy for State and county purposes, levy an additional tax upon all property real and personal, within the limits of such city or town, sufficient, in their judgment, to pay the interest upon such bonds annually as it becomes due, and the principal at such a rate as will redeem all of the bonds within fifteen (15) years from the date of issue.

issue. In each case the fifteen (15) years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him placed in a fund to be known as the “........................ Sewerage Fund” with the name of the city or town preceding the word “Sewerage.”

      Sec. 6.  All sewerage systems constructed under the provisions of this Act shall be so constructed under the supervision and control of the Board of County Commissioners, acting as such city or town board. The materials may be purchased and the work caused to be done directly by the Board, or it may advertise for plans and specifications, and bids for construction as in cases of other public works.

      Sec. 7.  In all cases wherein such sewerage systems are constructed in unincorporated cities and towns, and such cities and towns are afterwards incorporated, the control and management of such systems shall at once be vested in the municipal governments of such cities and towns. If such cities or towns shall be incorporated while the work of construction is in progress, the work shall, nevertheless, be carried on to completion by the Board of County Commissioners, and when completed the system shall be turned over to the city or town government as it shall have been organized. It shall then be the duty of such city or town government to provide for the payment of the principal and interest upon said bonds, by the levy and collection of taxes as prescribed by law. It shall be the duty of the County Treasurer having custody of the sewerage funds to turn such funds over to the City Treasurer immediately upon the qualification of the City Treasurer, and the bonds, principal and interest shall then be paid by the city government in all respects as prescribed for their payment by the Boards of County Commissioners, acting as city or town boards.

Commissioners to supervise work.

In case of towns or cities afterward incorporating.

Chap. CLII.–An Act authorizing the Board of County Commissioners of White Pine County to issue bonds to refund the bonds of such county heretofore issued under an Act entitled “An Act to authorize the County Commissioners of White Pine County to issue six per cent bonds to redeem the ten per cent bonds of said county, and other purposes,” approved March 3, 1885.

[Approved March 22, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The County Commissioners of White Pine County are hereby authorized and empowered to issue bonds of such county to the extent of forty thousand dollars, or so much thereof as may be necessary, for the payment, or refunding, of the principal and interest of the bonds of such county authorized to be issued under the terms and provisions of an Act entitled “An Act to authorize the County Commissioners of White Pine County to issue six per cent bonds to redeem the ten per cent bonds of said county, and other purposes,” approved March 3, 1885, the same being Chapter LV of the laws of 1885.

White Pine County to issue refunding bonds.

Bonds, how prepared and issued.

Denomination.

Tax levy for interest and redemption of bonds.

much thereof as may be necessary, for the payment, or refunding, of the principal and interest of the bonds of such county authorized to be issued under the terms and provisions of an Act entitled “An Act to authorize the County Commissioners of White Pine County to issue six per cent bonds to redeem the ten per cent bonds of said county, and other purposes,” approved March 3, 1885, the same being Chapter LV of the laws of 1885.

      Sec. 2.  The County Commissioners of said county shall prepare the bonds authorized to be issued under the terms and provisions of this Act, which shall be signed by the Chairman of the Board, countersigned by the County Auditor, endorsed by the County Treasurer, and authenticated with the seal of the County Clerk. There shall be attached to each of said bonds interest coupons numbered consecutively and bearing interest at the rate of six per cent per annum, payable semi-annually on the first Monday of January and the first Monday of July of each year from and after the year of the issuance of said bonds; and said coupons shall express the promise of said county to pay the amount specified in the coupon at the date of the maturity thereof, in gold coin of the United States.

      Sec. 3.  Said bonds shall be of the denominations of five hundred or one thousand dollars each, and each and every bond issued under the terms and provisions of this Act shall promise in substance that the County of White Pine, State of Nevada, owes to and will pay at the maturity of such bond to the holder thereof the sum expressed therein, and each of said bonds shall bear interest at the rate not exceeding six per cent per annum, payable semi-annually, as in Section 2 of this Act provided. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, except as hereinafter provided, twenty years from and after the date of the issuance of said bonds, and shall be payable upon presentation thereof and of said interest coupons at the office of the County Treasurer of said County of White Pine, State of Nevada.

      Sec. 4.  In addition to the other taxes which shall be levied, the County Commissioners of White Pine County shall, for the year 1910, and annually thereafter until the principal and interest of said bonds shall be fully paid, cause to be levied and collected at the time and in the manner provided by law for the levying and collection of taxes for county purposes, a special tax upon all of the taxable property in said county, in an amount sufficient to enable the Treasurer of said county to pay annually two thousand dollars of said bonds, and said bonds shall be retired in the order in which the same shall be issued. Such special tax as herein provided for shall also be levied and collected in an amount sufficient to pay the interest due upon the bonds issued under the terms and provisions of this Act, and to pay the interest upon the bonds to be retired annually as herein provided.

this Act, and to pay the interest upon the bonds to be retired annually as herein provided. Each of said bonds issued under the provisions of this Act shall be consecutively numbered and shall bear date July 1, 1910.

      Sec. 5.  The Board of County Commissioners of White Pine County are hereby authorized and empowered to issue the bonds authorized by this Act in exchange or payment for the bonds issued by said county under the terms and provisions of said Act approved March 3, 1885, or to sell said bonds to the highest bidder therefor, for cash, in the manner provided by Section 6 of this Act.

      Sec. 6.  The Board of County Commissioners of White Pine County may, in the discretion of such Board, sell any of the bonds herein provided for, for cash, by causing a notice of the sale of said bonds to be published once each week for a period of four consecutive weeks in some newspaper of general circulation, published in said White Pine County; such notice shall describe the bonds proposed to be sold and shall call for sealed bids to be filed with such Board of County Commissioners on or before the day specified in said notice, at which time said bids, if any shall be received, shall be opened and the bonds sold to the highest and best bidder therefor, for cash; provided, that none of said bonds shall be sold at less than the par value thereof; and provided, further, that in the event said bonds, or any thereof, are not sold at public sale, as hereinabove provided, then the Board of County Commissioners is authorized to sell said bonds or so much thereof in amount as they deem best at private sale, for not less than the par value thereof. Said Board of County Commissioners is hereby authorized to reject any or all bids filed for the purchase of said bonds, and to require a deposit to be made in the manner provided for by them as a part of, and accompanying, each bid.

      Sec. 7.  Upon the payment of the bonds authorized to be issued under the terms and provisions of this Act, the County Treasurer of the County of White Pine shall cancel all of said bonds paid or retired, and shall write or stamp across the face thereof, and across the face of each of the interest coupons thereto attached, and paid, the word “Canceled,” and such County Treasurer is further directed to write or stamp across any of the bonds issued under the said Act of 1885 which shall be received in exchange for the bonds issued under the provisions of this Act, the word “Canceled,” and the date of such cancelation.

      Sec. 8.  The proceeds of any sale of any of the bonds authorized to be issued by the terms of this Act shall be used exclusively for the payment of the bonds authorized to be issued by the said Act of 1885, and the Board of County Commissioners of White Pine County shall not use any part of the proceeds thereof for any other purpose or purposes whatsoever; provided, that the Board of County Commissioners of White Pine County is authorized to pay the cost of the preparation, sale or issuance of the bonds sold or issued under the terms of this Act out of any county funds, except the school or State funds, provided that payment shall not exceed the sum of two hundred and fifty dollars.

Duties of Commissioners.

Bond issue to be advertised

Proviso.

Bonds canceled, when.

Proceeds only applied to purposes of this Act.

Treasurer to keep record.

Repeal.

of White Pine County is authorized to pay the cost of the preparation, sale or issuance of the bonds sold or issued under the terms of this Act out of any county funds, except the school or State funds, provided that payment shall not exceed the sum of two hundred and fifty dollars.

      Sec. 9.  The County Treasurer of the County of White Pine shall provide and keep a suitable book in his office in which shall be registered the number and amount of the bonds issued under this Act, the date of the sale of said bonds or their exchange for the bonds issued by said county under the terms and provisions of said Act of 1885, the number and amount of bonds sold or exchanged, and to whom said sale or exchange was made, the date of maturity of said bonds and the date of their payment and cancelation. Such record shall also contain the number and description of any bond which has been received in exchange for the bonds issued under this Act, together with the date of the receipt and exchange of such bond and its cancelation.

      Sec. 10.  All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

State loan authorized for new State Prison.

Loan, how obtained.

Chap. CLIII.–An Act providing for a State loan and its repayment by issuing certain bonds therefor, levying a certain ad valorem tax, and other matters relating thereto.

[Approved March 23, 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 five thousand (105,000) dollars is hereby appropriated for the purpose of aiding and enabling the State Board of Prison Commissioners to carry out the provisions of that certain Act of the Legislature of this State, authorizing and directing said Board to acquire a suitable site and premises for, and to erect and construct thereon, a State Prison.

      Sec. 2.  The moneys herein and hereby appropriated shall be taken and used from the several funds in the several amounts as follows: From the State School Fund the sum of eighty thousand (80,000) dollars; from the University Fund, Ninety Thousand-Acre Grant, the sum of twenty-four thousand (24,000) dollars, and from the State University Fund the sum of one thousand (1,000) dollars, whenever the whole or any part of said respective sums is available in its said respective fund; provided, that before any of said moneys be so taken there shall be deposited in said respective funds sufficient of the bonds herein provided for in the respective amounts so taken.

      Sec. 3.  To secure the payment of said moneys to its respective fund, bonds shall be issued thereto and deposited therein for the respective amounts so taken.

for the respective amounts so taken. Said bonds shall bear interest at the rate of four per cent per annum, payable semiannually, and the same shall run for twenty years with the option unto the State of redeeming all or any number of said bonds after the expiration of two years from the date of issuance. Said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated by the Great Seal of the State, and they shall state in substance that the State of Nevada is indebted to the said respective funds in the respective amounts taken therefrom as aforesaid, which are payable in twenty years, with the option unto the State of Nevada, as aforesaid, with interest thereon at the rate of four per cent per annum, payable semiannually, and that the State of Nevada solemnly pledges its faith and credit for the full payment of both principal and interest of all of said bonds pursuant to the terms thereof and according to law.

      Sec. 4.  The interest on said bonds shall be paid semiannually as aforesaid on the first days of January and July of each year on the written order of said Board to the State Controller, directing him to draw his warrant for the amount thereof on and against the State Prison Interest and Sinking Fund, which is hereby created, which amount shall be paid into the respective funds to which it is due.

      Sec. 5.  There shall be levied and collected for the fiscal year commencing January first, 1909, and annually thereafter, until all of said bonds and the interest thereon have been fully paid, an ad valorem tax of three cents on each one hundred dollars’ worth of all taxable property in the State, and all moneys derived from said tax shall be paid into the State Prison Interest and Sinking Fund, created aforesaid for the payment of the interest and the redemption of the bonds authorized by this Act.

      Sec. 6.  Nothing in this Act shall be construed to repeal or intending to repeal that certain Act referred to in Section 1 of this Act, but this Act is and the same shall be held to be ancillary to and cumulative herewith; and this Act shall take effect from and after its passage and approval.

Bonds deposited for loan.

Interest on loan, how payable.

Ad valorem tax.

Not to conflict.

Chap. CLIV.–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act to create Judicial Districts in the State of Nevada, provide for the election of District Judges therein, and to fix their residences and salary, and to repeal all other Acts in relation thereto,’ approved March 27, 1907,” approved February 8, 1908.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The State of Nevada is hereby divided into nine Judicial Districts.

Judicial Districts remodeled.

Two Judges each for Second and Seventh Districts.

To take effect in 1911.

Exception.

Salaries of Judges.

How raised and paid.

nine Judicial Districts. The Counties of Storey, Douglas, Ormsby, and Lyon shall constitute the First Judicial District; the County of Washoe shall constitute the Second Judicial District; the Counties of Eureka and Lander shall constitute the Third Judicial District; the Counties of Elko, Lincoln, and Clark shall, except as hereinafter provided, constitute the Fourth Judicial District; the County of Nye shall constitute the Fifth Judicial District; the County of Humboldt shall constitute the Sixth Judicial District; the County of Esmeralda shall constitute the Seventh Judicial District; the County of Churchill shall constitute the Eighth Judicial District, and the County of White Pine shall constitute the Ninth Judicial District. For each of said districts Judges shall be elected by the qualified electors thereof at the general election in the year 1910, and every four years thereafter, except as otherwise provided in this Act, as follows: For each of said districts, except the Second Judicial District and the Seventh Judicial District, there shall be elected one Judge. For the Second Judicial District there shall be two Judges elected, and for the Seventh Judicial District there shall be two Judges elected.

      Sec. 2.  Until the first Monday in January, one thousand nine hundred and eleven, the Judicial Districts of this State shall be and remain as heretofore provided by law, unless there shall occur vacancies in the offices now held by the present incumbents, by deaths, resignations or otherwise; provided, that in case of such vacancy or vacancies the provisions of this Act shall take immediate effect, and there shall be appointed or elected, as provided by law, one District Judge for the Ninth Judicial District, and two District Judges for the Seventh Judicial District, to hold office until the first Monday in January, one thousand nine hundred and eleven after which date there shall be but one District Judge in the Seventh Judicial District.

      Sec. 3.  The salary of each Judge herein elected, or appointed to fill vacancies whenever such vacancies shall occur, shall be four thousand dollars per annum, except the Judge of the Fourth Judicial District whose salary shall be five thousand dollars per annum, and the Judge of the Fifth Judicial District whose salary shall be seven thousand dollars per annum, and the Judge or Judges of the Seventh Judicial District whose salary shall be seven thousand dollars per annum, and the Judge of the Eighth Judicial District whose salary shall be three thousand dollars per annum, all of said salaries to be paid in equal monthly installments out of the District Judges’ Salary Fund, hereby created in the State Treasury, which fund shall be supplied in the manner following, to wit:

      Each county in each district in the State shall contribute annually to the said fund its proportionate share of the money necessary to pay the Judge or Judges of its district their respective salaries monthly for such year, based upon the assessment roll of each county for the previous year; and it is hereby made the duty of the County Commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their county’s quota of said District Judges’ Salary Fund to the State Treasurer, at such times and in such installments as will enable the State Treasurer to pay each District Judge one-twelfth of his annual salary on the first Monday of each and every month, and to cause such money to be forwarded by the County Treasurers, and if necessary in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said Board of County Commissioners shall transfer and use any moneys in the county treasuries except those belonging to the Public School Fund.

assessment roll of each county for the previous year; and it is hereby made the duty of the County Commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their county’s quota of said District Judges’ Salary Fund to the State Treasurer, at such times and in such installments as will enable the State Treasurer to pay each District Judge one-twelfth of his annual salary on the first Monday of each and every month, and to cause such money to be forwarded by the County Treasurers, and if necessary in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said Board of County Commissioners shall transfer and use any moneys in the county treasuries except those belonging to the Public School Fund. No salary of any District Judge shall be paid in advance.

      Sec. 4.  The Second Judicial District shall be entitled to and shall have two District Judges; they shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner.

      Sec. 5.  The Seventh Judicial District shall be entitled to and shall have two District Judges to hold office until the first Monday in January, one thousand nine hundred and eleven, and after the said first Monday in January, one thousand nine hundred and eleven, the Seventh Judicial District shall be entitled to but one District Judge, and at the general election of 1910, and every four years thereafter, except as otherwise provided in this Act, there shall be but one District Judge elected for the Seventh Judicial District. The said District Judges of the Seventh Judicial District shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner.

      Sec. 6.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

No salary in advance.

Relating to Second District.

Relating to Seventh District.

Repeal.

Chap. CLV.–An Act to provide surety bonds for State, county and precinct officers.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  That all State, county and precinct officers within the State of Nevada, who are now required by law, or who may hereafter be required by law, to give an official bond for the faithful discharge of the duties of such office, it shall be lawful for such officer or officers aforesaid to give security for the faithful discharge of the duties of their office by any surety company lawfully authorized to do business within the State of Nevada.

Surety companies may be security for all officers.

Counties to pay premium for Treasurers.

Surety companies must comply with State laws.

In effect.

who may hereafter be required by law, to give an official bond for the faithful discharge of the duties of such office, it shall be lawful for such officer or officers aforesaid to give security for the faithful discharge of the duties of their office by any surety company lawfully authorized to do business within the State of Nevada.

      Sec. 2.  In the case of each County Treasurer of each county in the State of Nevada the premium of such surety bond for such Treasurer shall be paid for by the county out of the general fund of each county.

      Sec. 3.  Whenever any of the aforesaid officials shall tender bonds of any surety company for approval to the County Commissioners, or to any official board or person with whom such official bonds are required to be approved and filed, it shall be the duty of such board, which is required by law to approve the same, to accept such bonds; provided, however, said surety company shall have first complied with the laws of the State of Nevada, and be duly authorized to transact business within this State.

      Sec. 4.  This Act shall take effect and be in force on and after its passage.

Action to quiet title, how brought.

Chap. CLVI.–An Act to provide for the establishment of titles to real property and the determination of adverse claims of known and unknown claimants and regulating the proceedings in actions brought for that purpose.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, by himself, or by himself and his predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for more than fifteen years prior to the filing of the complaint, claiming to own the same in fee, or by any other freehold estate, against the whole world, and who has by himself or his predecessors in interest, paid all taxes of every kind levied or assessed and due against the property during the period of five years next preceding the filing of the complaint. Said action shall be commenced by the filing of a verified complaint averring the matters above enumerated. The said complaint must include as defendants in such action, in addition to such persons as appear of record to have, all other persons who are known, or by the exercise of reasonable diligence could be known, to plaintiff to have some claim to an estate, interest, right, title, lien or cloud in or on the lands described in the complaint adverse to plaintiff’s ownership and may also include as defendants, any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto, and the plaintiff may describe such unknown defendants in the complaint as follows: “Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff’s ownership, or any cloud upon plaintiff’s title thereto.”

include as defendants, any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto, and the plaintiff may describe such unknown defendants in the complaint as follows: “Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff’s ownership, or any cloud upon plaintiff’s title thereto.” Within ten days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the County Recorder of the county where the property is situated, a notice of the pendency of the action, containing the matters required by section twenty-seven of 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, being Section 3122 of Cutting’s Compiled Laws of Nevada.

      Sec. 2.  Within one year after the filing of the complaint, as required by the preceding section, a summons must be issued, which shall contain the matters required by sections twenty-four, twenty-five and twenty-six of said Act, approved March 8, 1869, being Sections 3119, 3120 and 3121 of Cutting’s Compiled Laws of Nevada, and in addition thereto, shall contain a description of the property described in the complaint. In said summons the said unknown defendants shall be designated as in the complaint. Within thirty days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of said summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination of the action. All defendants residing in the State of Nevada whose place or places of residence is, or by the exercise of reasonable diligence can be, known to the plaintiff shall be served personally, except as otherwise provided by sections thirty and thirty-one of the said Act approved March 8, 1869, being Sections 3125 and 3126 of Cutting’s Compiled Laws of Nevada. After service on all such defendants has been made with the exception last above specified, the plaintiff or his agent or attorney shall make and file an affidavit wherein there shall be stated the names of the defendants who have been served personally, and the names of the defendants who reside out of the State and their places of residence if known to the affiant, and the names of the defendants residing in or out of the State whose places of residence are unknown to the affiant, and the names of the defendants residing in or out of the State whose places of residence are unknown to the affiant, or who resides within, but have departed from, the State, or cannot, after due diligence, be found within the State, or who conceal themselves to avoid service of summons, and thereupon the court or a Judge thereof shall make an order directing the said summons to be served upon the defendants residing out of the State whose places of residence are known to the plaintiff or affiant, and upon the defendants residing in or out of the State whose places of residence are, after the exercise of due diligence, unknown to the plaintiff or affiant, or who reside within, but have departed from the State, or cannot, after due diligence, be found within the State, or who conceal themselves to avoid service of summons, and upon all the unknown defendants as stated in the complaint and summons, by publication in some newspaper of general circulation printed and published in the county where the property is situated, and if there be no such paper in such county, then in some adjoining county, to be designated by the court or a Judge thereof, which publication shall be for once a week for a period of six successive weeks.

Unknown defendants, how served.

Summons issued, when and how.

Copy of summons to be posted on property.

Personal service, when.

Service by publication, when.

Service by mail, when.

Defendants concluded by judgment, when.

Service complete, when.

Further proceedings, method of.

said summons to be served upon the defendants residing out of the State whose places of residence are known to the plaintiff or affiant, and upon the defendants residing in or out of the State whose places of residence are, after the exercise of due diligence, unknown to the plaintiff or affiant, or who reside within, but have departed from the State, or cannot, after due diligence, be found within the State, or who conceal themselves to avoid service of summons, and upon all the unknown defendants as stated in the complaint and summons, by publication in some newspaper of general circulation printed and published in the county where the property is situated, and if there be no such paper in such county, then in some adjoining county, to be designated by the court or a Judge thereof, which publication shall be for once a week for a period of six successive weeks. A copy of the summons and complaint, within ten days after the making of said order properly addressed to and with the postage thereon fully prepaid, shall be mailed to each of the defendants who reside out of the State, at their places of residence if known, and also to the defendants residing in or out of the State and whose places of residence or present whereabouts are unknown to plaintiff or affiant, addressed to them at the county-seat of the county where the action is commenced, and at their places of residence, if any, last known to the plaintiff. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person, who has or claims to have any right, title, estate, lien or interest in the said property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under him, shall be concluded by the judgment in such action as effectually as if the action had been brought against the said person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability. Service shall be deemed complete upon the completion of the publication.

      Sec. 3.  When the summons has been served as provided in the preceding section and the time for answering has expired, the Court shall proceed to hear the case as in other cases and shall have jurisdiction to examine into and determine the legality of plaintiff’s title and of the title and claim of all the defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiff’s title and possession and receive such legal evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law.

judgment to be entered in accordance with the evidence and the law. The Court, before proceeding to hear the case, must require proof to be made that the summons has been served and posted as hereinbefore directed and that the required notice of pendency of action has been filed. The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the State of Nevada, or the United States. Said judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and provided, further, that the said judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession, or lien in or to the property under the plaintiff or his predecessors in interest, which claim, lien, estate, title, right, or possession has arisen or been created by the plaintiff or his predecessors in interest within ten years prior to the filing of the complaint.

      Sec. 4.  The remedy provided in this Act shall be construed as cumulative and not exclusive in any other remedy, form or right of action or proceeding now allowed by law, and proceedings under this Act shall be governed by the general provisions of the law relating to actions in civil cases, except in so far as the same are inconsistent with the terms of this Act.

      Sec. 5.  This Act shall take effect upon its passage and signature by the Governor.

Proof required, when.

Judgment conclusive, when.

State and Nation excepted.

Proviso.

Remedy cumulative, and not exclusive, when.

In effect.

Chap. CLVII.–An Act for the relief of O. H. Gallup.

[Approved March 23, 1909.]

      Whereas, By an Act of the Legislature of this State entitled “An Act to define the duties of Lieutenant-Governor when acting as an ex officio officer,” approved February 17, 1883 (Statutes 1883, page 41), the Lieutenant-Governor was made ex officio State Librarian, and by an Act of the same Legislature entitled “An Act prescribing office hours for State Library and defining the duties of Lieutenant-Governor as ex officio State Librarian,” approved March 1, 1883 (Statutes 1883, page 101), the Lieutenant-Governor, as ex officio State Librarian, was required to give a bond in the sum of one thousand dollars ($1,000) for the faithful discharge of his duties, etc. That prior to the Acts of 1883, the compensation of the State Librarian was one hundred and fifty dollars ($150) per month. That by the terms of the Act of February 17, 1883, the Lieutenant-Governor, as ex officio Adjutant-General and ex officio State Librarian, was entitled to a salary of two thousand seven hundred dollars ($2,700).

Preamble.

Preamble.

Preamble.

O. H. Gallup entitled to back pay as State Librarian.

officio State Librarian, was entitled to a salary of two thousand seven hundred dollars ($2,700).

      Whereas, Charles E. Laughton was elected to the office of Lieutenant-Governor of the State of Nevada at the general election held in the month of November, 1882, and by virtue of the Act of February 17, 1883, the said Charles E. Laughton did, on the 2d day of March, 1883, enter upon his duties as ex officio Adjutant-General and ex officio State Librarian under and by virtue of his office of Lieutenant-Governor, giving his bond as State Librarian in the sum of one thousand dollars ($1,000) as required by law.

      Whereas, On or about the 31st day of July, 1885, the said Charles E. Laughton, as Lieutenant-Governor and ex officio State Librarian, failing and neglecting to perform his duties as State Librarian, one of his bondsmen withdrew from his bond, and the said Charles E. Laughton, as Lieutenant-Governor and ex officio State Librarian neglected, failed and refused to furnish a new bond, and on the 4th day of September, 1885, the Governor of this State filed in the office of the Secretary of State his written proclamation declaring the office of Librarian vacant. There was no vacancy in the office of Lieutenant-Governor as it was a separate office from that of State Librarian.

      Whereas, On the 5th day of September, 1885, Governor Adams appointed and duly commissioned O. H. Gallup, State Librarian for the unexpired term. That said O. H. Gallup gave the bond as required by law, qualified, and on the 5th day of September, 1885, entered upon the discharge of his duties as such Librarian, and continued to discharge the duties as such Librarian to and including the 4th day of January, 1887, a period of sixteen (16) months. That the services rendered and duties performed were reasonably worth the sum of one hundred and fifty dollars ($150) per month. That on the 1st day of December, 1886, the said O. H. Gallup made out his claim for services rendered as such Librarian, from the 5th day of September, 1885, until the 1st day of December, 1886, amounting to the sum of $2,250, and the same was allowed and approved by the State Board of Examiners of the State of Nevada. That on the 30th day of December, 1886, the said O. H. Gallup made out his claim against the State of Nevada for his services as such State Librarian for the month of December, 1886, amounting to the sum of $145, and the same was approved by the State Board of Examiners of the State of Nevada, making a total due, and allowed by the State Board of Examiners, to O. H. Gallup, of the sum of $2,395.

      Whereas, During the session of the Legislature of 1887, the sum of one thousand one hundred dollars ($1,100) was appropriated and applied upon the payment of said claim, leaving a balance due the said O. H. Gallup of one thousand two hundred and ninety-five dollars ($1,295), no part of which has been paid (see Statutes 1887, page 104); and

      Whereas, The services rendered by the said O. H. Gallup was reasonably worth the sum of one hundred and fifty dollars ($150) per month, that the said O. H. Gallup is now advanced in years, unable to perform any manual labor, is in indigent circumstances; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of one thousand two hundred and ninety-five dollars ($1,295) is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, to pay to the said O. H. Gallup, in full compensation as balance due him for his services as State Librarian, from the 5th day of September, 1885, until and including the 4th day of January, 1887.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the said O. H. Gallup for the sum of one thousand two hundred and ninety-five dollars ($1,295), and the State Treasurer is hereby directed to pay the same.

Appropriation to pay O. H. Gallup.

Duties of Controller and Treasurer.

Chap. CLVIII.–An Act making an appropriation for the purpose of filing-cases and equipment for the preservation of the records in the State Land Office.

[Approved March 23, 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 for the preservation of the records in the State Land Office of the State of Nevada. For this purpose they shall advertise for sealed bids for the period of thirty days in a 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 fifteen hundred dollars is hereby appropriated out of the General Fund for the purchase and installing of said filing-cases and equipment in the State Land Office.

      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.

Equipment for State Land Office.

Appropriation.

Duties of Controller and Treasurer.

Increasing salary of Deputy Secretary of State.

Deputy Attorney-General.

Duties of Controller and Treasurer.

Chap. CLIX.–An Act fixing the salaries of certain deputies in State offices.

[Approved March 23, 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 salary of the Deputy Secretary of State shall be two thousand four hundred dollars per annum, payable out of the General Fund; provided, that the said Deputy Secretary of State shall not receive any additional compensation for services as Clerk of the Board of Prison Commissioners, Clerk of the Board of Examiners, or as clerk or deputy of any other board or commission.

      Sec. 2.  The salary of one Deputy Attorney-General is hereby fixed at twenty-four hundred dollars per annum, payable out of the General Fund in the same manner as salaries of other State officers are paid.

      Sec. 3.  The State Controller is hereby directed to draw his warrant for the salaries named in sections one and two of this Act, and the State Treasurer is hereby directed to pay the same each month.

Washoe County salaries.

Assessor.

Treasurer.

Recorder.

Chap. CLX.–An Act fixing and regulating the salaries of certain officers of Washoe County, Nevada, and the compensation of deputies and assistants in office.

[Approved March 23, 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 Assessor of Washoe County, Nevada, shall receive a salary of twenty-six hundred dollars per annum, and the further sum of thirty-four hundred dollars per annum to be disbursed as compensation for deputies and traveling expenses.

      Sec. 2.  The County Treasurer of Washoe County, Nevada, shall receive a salary of twenty-one hundred dollars per annum, and the further sum of twenty-four hundred dollars per annum for assistants.

      Sec. 3.  The County Recorder and ex officio Auditor shall receive a salary of twenty-one hundred dollars per year, of which sum twelve hundred dollars shall be his salary as Auditor, and the further sum of fifteen hundred dollars for a Deputy Auditor, and the further sum of two thousand dollars for copyists.

      Sec. 4.  The County Commissioners of Washoe County, Nevada, shall receive a salary of nine hundred dollars each per annum.

Nevada, shall receive a salary of nine hundred dollars each per annum.

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

Commissioners.

Repeal.

Chap. CLXI.–An Act fixing and regulating the salaries of certain officers of Churchill County, Nevada.

[Approved March 23, 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 Churchill County shall receive a salary of twelve hundred dollars per year.

      Sec. 2.  In addition to the amounts mentioned in section one of this Act, the said District Attorney shall also be allowed his actual expenses when called from the county-seat in discharge of the official duties of the said office of District Attorney. The above salary and expenses shall be in full for all services rendered.

      Sec. 3.  The County Clerk and ex officio Clerk of the Board of County Commissioners shall receive the sum of eighteen hundred dollars per annum; he shall have authority to appoint a deputy with an annual salary of twelve hundred dollars. All fees authorized by law shall be collected by said County Clerk and paid to the County Treasurer on the first Monday of each and every month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month previous, and also a duplicate copy thereof with the Board of County Commissioners.

      Sec. 4.  The County Treasurer shall receive a salary of eighteen hundred dollars per year, which shall be in full for all services rendered. The County Assessor shall receive a salary of two thousand dollars per year, which shall be in full for all services rendered.

      Sec. 5.  All salaries herein provided for shall be payable monthly, in twelve equal installments. The County Auditor shall on the first Monday of each month draw his warrant on the salary fund in favor of each of the officers named herein for the salaries due said officers for the last preceding month, and the County Treasurer shall pay said warrants out of said fund.

      Sec. 6.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Churchill County salaries.

District Attorney.

Expenses.

County Clerk.

Treasurer.

Assessor.

Salaries payable monthly.

Repeal.

Salary of Washoe County Clerk.

Fees.

Fees enumerated.

Chap. CLXII.–An Act to regulate the fees and compensation of the County Clerk of Washoe County, State of Nevada, and to repeal all other Acts and parts of Acts in conflict therewith.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The County Clerk of Washoe County, State of Nevada, for all services rendered as such Clerk, and for all ex officio services by him rendered, shall receive the salary of twenty-four hundred dollars per annum, payable in monthly installments of two hundred dollars, and shall be allowed the fees provided for in section two of this Act; provided, that said Clerk shall neither charge, nor collect, any fees for services by him rendered to the State of Nevada, or to the County of Washoe.

      Sec. 2.  The County Clerk of Washoe County, State of Nevada, shall be allowed to charge, and to collect, the following fees:

      On the commencement of any action or proceeding in the District Court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, seven dollars; said fee to be in addition to the court fee now provided for by law;

      On the filing of a petition for letters testamentary, or of administration, or guardianship, eight dollars and fifty cents, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be paid in addition to the court fee now provided for by law;

      On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner;

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars;

      For every additional defendant, appearing separately, two dollars and fifty cents;

      The foregoing fees shall be in full for all services rendered by such Clerk in the case, to and including the making up of the judgment roll.

      On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the Clerk, in full for all services to be rendered in connection with said motion, two dollars and fifty cents;

      For issuing an execution or order of sale, in any action, one dollar;

      For filing a notice of appeal, and appeal bonds, each, fifty cents.

      In all proceedings begun, or for acts performed, previous to this Act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or acts performed.

      The Clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

      For any copy of any record, proceeding or paper on file in the office of the Clerk, relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, fifteen cents;

      For each certificate of the Clerk, under the seal of the court, fifty cents;

      For filing each claim, in probate or insolvency proceedings, to be paid by the party filing such claim, fifteen cents.

      No fee shall be allowed to, or charged by, the Clerk for any services rendered in any criminal case.

      For services rendered by the Clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

      For issuing marriage licenses, one-half to be paid to the County Recorder, two dollars;

      For filing, indexing, and recording articles of incorporation, ten dollars;

      For filing, indexing, and registering certificates of copartnership, one dollar;

      For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each, twenty-five cents;

      For issuing any license required by law, other than marriage licenses, one dollar;

      For examining and certifying to a copy of any paper, record or proceeding, prepared by another, and presented for his certificate, two dollars, and two cents per folio, for comparing said copy with the original;

      For making satisfaction of or credit on judgment, twenty-five cents;

      For filing and receiving remittitur from Supreme Court, fifty cents;

      For administering each oath, without certificate, except in a pending action or proceeding, twenty-five cents;

      For taking any affidavit, except in criminal cases, twenty-five cents;

      For taking and approving each undertaking, and the justification thereof, except in criminal cases, fifty cents;

      For searching records or files in his office, for each year (but not to charge suitors or attorneys), fifty cents;

      For taking acknowledgment of any deed, or other instrument, including the certificate, one dollar.

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

Fees enumerated.

Repeal.

Amending General Corporation Law.

Chap. CLXIII.–An Act to amend an Act entitled “An Act providing a General Corporation Law,” approved March 16, 1903, the same being Chapter LXXXVIII of the Laws of 1903.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Section 41 of said Act is hereby amended so as to read as follows:

      Section 41.  Any corporation of this State, whether organized under this Act or by a special Act of incorporation or under general laws, excepting railroad corporations, may increase or decrease its capital stock, change its name, the par value of the shares of its capital stock, or the location of its principal office in or out of this State, and fix any method of altering its by-laws permitted by this Act in the manner prescribed in the foregoing section, and any corporation may in the same manner relinquish one or more branches of its business, or extend its business to such branches as might have been inserted in its original certificate of incorporation; provided, that any corporation of this State, except railroad corporations, which has exercised any of the powers, or caused to be done any of the acts, hereinabove specified, in the manner provided by this Act, shall be deemed to have possessed such powers as fully and to the same extent as if they had been expressly conferred upon such corporation by the terms and provisions of this Act, and all such powers and acts are hereby ratified, confirmed and approved.

State will act as agent for land buyers.

Proviso.

Chap. CLXIV.–An Act to provide for the reclamation and occupancy of lands subject to acceptance by the State of Nevada under the provisions of the Acts of Congress approved August 18, 1894, June 11, 1896, and March 3, 1901, and to repeal all Acts in conflict therewith.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The State of Nevada will act as agent for any citizen of the United States, or any person or persons who have legally declared their intentions to become such, company, association or incorporated company, who desire to obtain lands in this State under the provisions of the Acts of Congress, approved August 18, 1894, June 11, 1896, and March 3, 1901, and will, when the lands are approved to the State, issue a patent to the lands thus reclaimed to actual settlers, free of cost, as to the services of the State as such agent; provided, the State Land Register may appoint deputies in each of the several counties of the State who shall be authorized to make the affidavits required by the General Land Office showing the character of the lands sought to be reclaimed, and such deputies shall be the State selecting agents for the selection of lands in their respective counties, the expenses of said deputies to be paid by the applicant for said lands; provided, said applicant shall not be required to pay any expenses as aforesaid excepting those incurred in connection with or to enable him to make his said application.

each of the several counties of the State who shall be authorized to make the affidavits required by the General Land Office showing the character of the lands sought to be reclaimed, and such deputies shall be the State selecting agents for the selection of lands in their respective counties, the expenses of said deputies to be paid by the applicant for said lands; provided, said applicant shall not be required to pay any expenses as aforesaid excepting those incurred in connection with or to enable him to make his said application.

      Sec. 2.  Any person or persons, company, association or incorporated company constructing, having constructed, or desiring to construct, ditches, canals, artesian wells, or other irrigation works to reclaim lands under the provisions of this Act, shall file in the office of the State Land Register a list or lists of the lands desired by them, describing the same by legal subdivisions with a request for the segregation by the State of the lands described therein. This request shall be accompanied by a proposal to construct the ditch, canal, artesian wells, or other irrigation works necessary for the complete reclamation of the lands described, also by the certificate of the State Engineer that application for permit to appropriate water has been filed in his office, together with his report thereon. It shall state the source of water supply, the location and dimensions of the proposed works, the estimated cost thereof, the price and terms per acre at which perpetual water rights will be sold to settlers on the land to be reclaimed, said perpetual rights to embrace a proportionate interest in the canal, reservoir, or other irrigation works, together with all the rights and franchises attached thereto. In case of incorporated companies they shall accompany said proposal with a certified copy of the articles of incorporation. If the applicant is not an incorporated company, the proposal shall set forth the name or names of the party or parties and such other facts as will enable a determination of his or their financial ability to carry out the proposed undertaking.

      Sec. 3.  The list or lists and proposal, as designated in section two of this Act, shall be treated as applications for the lands described therein and shall have the effect of withholding the land or lands therein described from application by any other person or persons, company, association or incorporated company, for a period of six months from the date of such filing; provided, that during said period of six months the applicant or applicants shall deposit in the State Land Office plans, affidavits and lists as required by the Secretary of the Interior and the Commissioner of the General Land Office.

      Sec. 4.  Immediately upon the receipt of the lists and affidavits the State Land Register shall examine the same and ascertain if they comply with the regulation of the Department of the Interior and the rules of the State Land Office. If they do not, they shall be returned for correction;

State selecting agents.

Construction of works for water supply.

Duties of State Engineer.

Lands withheld, when.

Proviso.

Duties of State Land Register and State Engineer.

Duties of State Engineer.

Proceedings under favorable report.

Proceedings under unfavorable report.

State Land Register; agreement with Interior Department.

but if they do so comply, they shall be submitted to the State Engineer, who shall examine the same and make a written report in duplicate to the State Land Register, stating whether or not the proposed works are feasible; whether the proposed diversion of the public waters of the State will prove beneficial to the public interest; whether there is sufficient unappropriated water in the source of supply; and whether or not a permit to divert and appropriate water through the proposed works has been approved by him; whether the capacity of the proposed works is adequate to reclaim the land described; whether or not the proposed cost of construction is reasonable; and whether or not the lands proposed to be irrigated are desert in character and such as may properly be set apart under the provisions of the aforesaid Act of Congress, and the rules and regulations of the Department of the Interior. Whenever the State Engineer shall be unable, from an examination of the maps and field notes submitted for his examination, to determine whether or not the proposed irrigation works are feasible and adequate, whether or not the proposed cost of construction is reasonable, or whether or not the proposed diversion of the public water is beneficial to public interest, and whether or not the lands proposed to be irrigated are of such a character as to come under the provisions of the aforesaid Act of Congress, it shall be his duty to make, or cause to be made by some qualified assistant, such survey or examination as will enable him to report intelligently thereon to the State Land Register.

      Sec. 5.  On receipt of a favorable report from the State Engineer, the State Land Register shall immediately file in the United States Land Office at Carson City, Nevada, a copy of said report and all plans, affidavits and lists required by the regulations of the Secretary of the Interior and Commissioner of the General Land Office, with a request for the selection on behalf of the State of the lands so applied for.

      Sec. 6.  Should the State Engineer report adversely upon the proposed irrigation works, either as to the water supply, the feasibility of the construction, the cost or capacity of the works, or as to the character of the lands sought to be irrigated, the State Land Register shall return to the person or persons making such proposal, the maps, plans, affidavits and lists submitted by them, and the reasons therefor. The parties so notified shall have sixty days in which to submit a satisfactory proposal or appeal therefrom.

      Sec. 7.  The State Land Register is hereby authorized to enter into the agreement prescribed by the Secretary of the Interior binding the State not to lease or dispose of said lands in any way whatever, except to secure their reclamation, cultivation and settlement, and not to sell or dispose of more than one hundred and sixty acres to any one person, and then only to bona fide settlers who are citizens of the United States, or who have declared their intentions to become such citizens, and to cause a copy thereof, together with a copy of all rules and regulations issued thereunder or under said Acts of Congress, to be spread upon the deed records of each of the counties of the State of Nevada in which any of said lands shall be situated.

and to cause a copy thereof, together with a copy of all rules and regulations issued thereunder or under said Acts of Congress, to be spread upon the deed records of each of the counties of the State of Nevada in which any of said lands shall be situated.

      Sec. 8.  Upon the withdrawal of the lands by the Department of the Interior, it shall be the duty of the State Land Register to enter into a contract with the company or corporation submitting the proposal, which contract shall contain complete specifications of the location, dimension, character, and estimated cost of the proposed ditch, canal or other irrigation works and the price and terms per acre at which such works and perpetual water rights shall be sold to settlers. This contract shall not be entered into by the State Land Register on the part of the State until the withdrawal of the lands described therein by the Department of the Interior and the filing of satisfactory proof that the applicant is prepared to commence work on said irrigation works within the time hereinafter specified.

      Sec. 9.  No contract shall be entered into by the State Land Register on the part of the State which requires a greater time than three years for the construction of the works, but all contracts must provide that work shall commence within three months from the date of said contract, that at least one-tenth of the construction work shall be completed within one year from the date of said contract, that construction shall be prosecuted diligently and continuously to completion, and that a cessation of the work under the contract with the State for a period of three months shall forfeit to the State all rights under said contract; provided, the suspension of work during the months of December, January, February and March shall not be deemed a forfeiture.

      Sec. 10.  Nothing in this Act shall be construed as authorizing the State Land Register to obligate the State to pay for any work constructed under any contract or to hold the State in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the State.

      Sec. 11.  Any citizen of the United States, or any person who has legally declared his intention to become such, over the age of twenty-one years may make application to the State Land Register to enter any of said lands in any amount not to exceed one hundred and sixty acres for any one person; and such application shall set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the Acts of Congress and the laws of this State relating thereto, and that the applicant has never received the benefits of the provisions of this Act to an amount greater than one hundred and sixty acres including the number of acres specified in the application under consideration.

State Land Register to enter into contract, when.

Cessation of work to act as forfeiture.

Proviso.

State never held responsible.

Any citizen may apply for lands.

Settler must furnish proof.

Land Register to issue patent free, when.

Rules to be made.

Applicant to pay all fees.

Repeal.

the application under consideration. Such application must be accompanied by a certified copy of a contract for a perpetual water right made and entered into by the party making application with the person, company or corporation who have been authorized by the State to furnish water to the settlers for the reclamation of said lands; and if said applicant has at any previous time entered lands under the provisions of this Act, he shall so state in his application, together with description, date of entry and location of the same. The State Land Register shall thereupon file in his office the application and papers relating thereto, and if allowed, issue a certificate of location to the applicant.

      Sec. 12.  Whenever any of said lands are irrigated, reclaimed and occupied as provided in said Acts of Congress, the settler shall furnish satisfactory proof in accordance with such rules and regulations as may be prescribed by the Secretary of the Interior and the State Land Register with the request for patent thereon.

      Sec. 13.  Upon the issuance of a patent to any lands by the United States to the State, notice shall be forwarded by the State Land Register to the settler upon the land. It shall be the duty of the State Land Register to issue a patent free of charge to the applicant, and none other, except as may be ordered by a court having jurisdiction. All patents shall be in such form as the Attorney-General and State Land Register shall jointly prescribe, to be signed by the Governor, attested by the Secretary of State under seal, and countersigned by the State Land Register.

      Sec. 14.  The State Land Register is hereby authorized and required to make such rules and regulations as may be necessary in conformity with the Acts of Congress and the regulations of the General Land Office to carry out the provisions of this Act and to furnish the necessary blanks to intending applicants for said lands, and it is made the duty of the Superintendent of State Printing to furnish such blanks upon the order of the State Land Register.

      Sec. 15.  All United States selection fees, expenses of recording agreements between the Secretary of the Interior and the State, and of the rules and regulations, and of publishing lists of lands selected under the provisions of the Act, and all charges of whatsoever kind or character, except for the blanks, shall be paid by the applicant.

      Sec. 16.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Chap. CLXV.–An Act to define contributory dependency and contributory delinquency, and to make the same a misdemeanor, and to provide for the punishment of persons guilty thereof.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Definition.  Any person who shall by any act cause, encourage, or contribute to the dependency or delinquency of a child, as these terms with reference to children are defined by the statutes of this State, or who shall for any cause be responsible therefor, shall be guilty of a misdemeanor, and upon trial and conviction thereof, shall be fined in a sum not to exceed five hundred dollars or imprisoned in the county jail for a period not exceeding one year, or by both such fine and imprisonment. When the charge against any person under this Act concerns the dependency of a child or children, the offense for convenience may be termed “contributory dependency,” and when it concerns the delinquency of a child or children for convenience it may be termed “contributory delinquency.”

      Sec. 2.  Suspension of Sentence.  The court may suspend any sentence, stay or postpone the enforcement of execution, or release from custody any person found guilty in any case under this Act upon such conditions as shall be imposed by the court in accordance with the provisions of this Act.

      Sec. 3.  Conditions of Suspended Sentence.  (a) Such conditions may include the following: Any person found guilty under this Act of contributory dependency may be required to furnish a good and sufficient bond to the people of the State of Nevada in such sum as the court shall determine, not exceeding one thousand dollars, conditioned for the payment of such amount as the court may order not exceeding twenty dollars per month for the support, care and maintenance of the child to whose dependency such person has contributed; such sum to be expended under the directions and orders of the court for the purposes mentioned.

      (b) The court may permit any child to remain in the custody of the person found guilty by this Act of contributing to its dependency, under such suspended sentence, upon such conditions for the treatment and care of such child as may seem to the court to be for its best welfare, or as may be calculated to secure obedience to the law or to remove the cause of such dependency or neglect, and while such conditions are accepted and complied with by any such person, such sentence may remain suspended subject to be enforced upon the violation of any of the conditions imposed by the court; and such bond may be forfeited upon a failure to comply with any such conditions, as well as upon the failure to pay any amount required for the maintenance of such child.

Relating to certain children.

Contributory dependency.

Contributory delinquency.

Suspension of sentence.

Conditions of suspended sentence.

Same.

Conditions of bond.

Violations of conditions of suspended sentence.

Limitation of sentence two years.

      Sec. 4.  Conditions of Bond.  As a part of the conditions of any such bond mentioned in Section 3 hereof, it shall be understood that it shall not be necessary to bring a separate suit to recover the penalty of any such bond which has become forfeited, but the court may cause a citation or a summons to issue to the surety or sureties thereon, requiring that he or they appear at a time named by the court, which time shall be not less than ten or more than twenty days from the issue thereof and show cause, if any there be, why a judgment should not be entered for the penalty of such bond and execution issued for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such sufficient cause, the court shall enter such judgment in behalf of the people of the State of Nevada, against the principal and such surety or sureties on such bond not to exceed the sum of one thousand dollars ($1,000) including the cost. Any moneys collected or paid upon any such execution or in any case upon such bond, shall be turned over to the Clerk of the Court (Juvenile Department) of the county in which such bond is given, to be applied first to the payment of all court costs and then to the care or maintenance of the child or children for whose dependency such conviction was had, in such manner and upon such terms as the court may direct. If any such moneys so collected be unnecessary for the purposes last mentioned, it shall be turned over within one year to the Treasurer of the county.

      Sec. 5.  Violation of Conditions of Suspended Sentence.  In the case of any person found guilty of contributory dependency or contributory delinquency where the court has suspended the execution of the sentence during the good behavior and satisfactory conduct of the defendant or upon any other terms and conditions which may have been imposed by the court, it shall be made to appear to the satisfaction of the court at any time during such suspended sentence or stay of execution that it ought to be enforced, the court may thereupon enforce the same, and any jail sentence thereunder shall commence from the date upon which such sentence is ordered.

      Sec. 6.  Limitation of Sentence Two Years.  No sentence shall be suspended or final judgment or execution shall be stayed in the case of any person found guilty under this Act, to exceed a period of two years. If at any time prior thereto it shall appear to the satisfaction of the court that such person has complied faithfully with the conditions of any suspended sentence, judgment, or execution, or is for any cause, in the opinion of the court, entitled to be released therefrom, the court may suspend such sentence indefinitely, in which case such person shall be finally released and discharged, as he shall be in any event at the end of two years from imposition of any such sentence; provided, that if any defendant be actually serving a jail sentence imposed under this Act and enforced before the expiration of said two years in accordance with the provisions of this Act, then in such case the defendant shall not be finally discharged until the expiration of any such sentence.

this Act and enforced before the expiration of said two years in accordance with the provisions of this Act, then in such case the defendant shall not be finally discharged until the expiration of any such sentence.

      Sec. 7.  Officers to File Complaints.  Probation Officers having the powers of Sheriffs or police officers, as well as county prosecuting attorneys, shall have the right and be vested with all power necessary to file complaints against any person under this Act and to prosecute any such case. In all such cases it shall be the duty of the county prosecuting officer representing the people to prepare any such complaints and prosecute any such cases for such Probation Officer when so requested by such officer or Judge of the Juvenile Department of the District Court; but nothing herein shall be construed to interfere with any county prosecutor representing the people prosecuting such cases under this or any other Act as in other criminal cases.

      Sec. 8.  (a) Construction.  In order to find any person guilty of violating this Act it shall not be necessary to prove that the child has actually become dependent or delinquent, provided it appears from the evidence that through any act of neglect or omission of duty or by any improper act or conduct on the part of any such person the dependency or delinquency of any child may have been caused or merely encouraged.

      8.  (b) This Act shall always be liberally construed in favor of the State for the purpose of the protection of the child from neglect or omission of parental duty toward the child by the parents, as well as also to protect the children of the State from the effects of the improper conduct, acts, or the bad example of any person or persons whomsoever, which may be calculated to cause, encourage or contribute to the dependency or delinquency of the children, although such persons are in no way related to the child.

      8.  (c) Nothing in this Act shall be construed to be in conflict with or to repeal or prevent proceedings under any Act or statute of this State which may have otherwise defined any specific act of any person as a crime of any character, which act might also constitute contributory delinquency, or contributory dependency, or to prevent or interfere with proceedings under any such Acts, nor shall it be construed to be inconsistent with or to repeal any Act providing for the support by parents or parent of their minor children, or any Act providing for the punishment of cruelty to children, or the taking of indecent liberties with, or selling liquor, or tobacco or firearms to children, or permitting them in evil or disreputable places, and nothing in any such Acts or similar Acts shall be construed to be inconsistent with or to repeal this Act or prevent proceedings hereunder, but in all cases where there shall be more than one prosecution for the same offense, under whatever Acts of the character herein described, the fact may be given in evidence to the Judge of the court, and may be in the discretion of the court considered in mitigation of any sentence in any such cases.

Officers to file complaints.

Construction

Act liberally construed.

Not to conflict with previous Acts.

Invalidity, how construed.

the discretion of the court considered in mitigation of any sentence in any such cases.

      8.  (d) Invalidity of any portion of this Act shall not affect the validity of any other portion thereof which can be given effect without such invalid part.

Road Supervisor in White Pine County.

When elected.

Duty of Road Supervisor.

Salary, and how paid.

Chap. CLXVI.–An Act to create the office of Road Supervisor in the County of White Pine.

[Approved March 23, 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 White Pine County is hereby authorized and empowered to appoint some suitable person, an elector of said county, as Road Supervisor in such county, who shall hold office until the next general election, when there shall be elected in such county a Road Supervisor for the County of White Pine. Such Road Supervisor shall be elected in the same manner and at the same time as other county officers are elected, and his term of his office shall be for two years.

      Sec. 2.  It shall be the duty of said Road Supervisor to examine and inspect all county roads and public highways in the County of White Pine, outside of any incorporated town or city, to report the condition thereof to the Board of County Commissioners, to supervise the repairs made on any such road or highway, or the opening or building of any new roads, to keep the same free of obstructions and to perform such other duties in relation thereto as said Board of County Commissioners shall prescribe.

      Sec. 3.  The Board of County Commissioners of White Pine County shall pay to said Road Supervisor a salary of one hundred and twenty-five dollars per month out of the general county funds, and may use any of said funds for such purpose, except the school fund and the State fund.

Repairs to State Prison.

Chap. CLXVII.–An Act making an appropriation for various repairs in the State Prison.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated, out of any moneys in the General Fund in the State Treasury not otherwise appropriated, the sum of fifteen thousand dollars, to be expended under the direction of the Board of State Prison Commissioners for the purpose of repairing and constructing walls, installing additional and necessary plumbing and for various other urgently needed repairs in and about the State Prison as said Board shall deem, after investigation, for the best interest of said Prison.

installing additional and necessary plumbing and for various other urgently needed repairs in and about the State Prison as said Board shall deem, after investigation, for the best interest of said Prison.

Chap. CLXVIII.–An Act concerning the granting of franchises by Boards of County Commissioners, prescribing the terms under which said franchises shall be granted, and repealing certain Acts pertaining thereto, and allowing corporations, associations and persons having franchises obtained under other laws of this State to obtain the benefits of this Act, and providing for other matters properly connected therewith.

[Approved March 23, 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 any county in this State is hereby authorized and empowered to grant to any person, company, corporation, or association the franchise, right, and privilege to construct, install, operate, and maintain street railways, electric light, heat, and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues, and other places in any unincorporated town or city in such county, and along the public roads and highways of such county, when the applicant therefor shall comply with the terms and provisions of this Act.

      Sec. 2.  Any person, company, corporation or association desiring such franchise, right or privilege for any purpose specified in Section 1 of this Act shall file with the Board of County Commissioners of the county wherein such franchise, right or privilege is to be exercised, an application in writing which shall contain and set forth: First, the name of the applicant and the time for which said franchise, right or privilege is desired, not exceeding twenty-five years. Second, the places where such franchise, right or privilege is to be exercised, and, if in any unincorporated town or city, the streets, avenues, alleys and other places through, over, under or along which such franchise, right or privilege is sought. Third, if such application shall be for a street railway, it shall contain a designation of the route of the proposed line in any such county, and shall specify the width of ground desired to be included in its right of way. Fourth, a map or plat correctly showing and delineating, so far as practicable, the proposed route, or right of way of any such street railway, light, heat or power, telegraph or telephone lines, and the places where such gas or water mains shall be laid or installed.

      Sec. 3.  An applicant shall also file with such application and as a part thereof, if such franchise, right or privilege is to be exercised within any unincorporated town or city in such county, a petition in writing, signed by a majority of the resident taxpayers of such unincorporated town or city.

Franchises for electric, gas, water, telephone and telegraph utilities, when granted.

Mode of application for franchise; not to exceed 25 years.

Petition to accompany application.

County Commissioners to advertise.

Objections, how heard.

Petition, when granted.

County Commissioners to require guaranty as to construction.

and as a part thereof, if such franchise, right or privilege is to be exercised within any unincorporated town or city in such county, a petition in writing, signed by a majority of the resident taxpayers of such unincorporated town or city. Said taxpayers must be residents and owners or real estate situated in said county, and paying taxes upon said real estate; provided, that if such street railway, electric light, heat, and power lines, gas, and water mains, telegraph and telephone lines shall not pass through any unincorporated town, or city, no petition need be filed with the said application for the franchise. Upon receipt of such application for such franchise, right or privilege, accompanied by a deposit sufficient in amount to cover the cost of publication, to be fixed by said Board of County Commissioners, it shall be the duty of such Board to cause such application to be published once a week for four consecutive weeks in some newspaper of general circulation, published in such county nearest the place where such application shall take effect, if such there be, and if not, then such application shall be posted for a like period by the County Clerk of such county in three public places therein, together with a notice specifying a day not later than ten days after the completion of such publication, or, at the next regular meeting of such Board after the completion of such period of publication, when objections to the granting of such franchise, right or privilege as applied for, shall be heard.

      Sec. 4.  On the day specified in such notice for the hearing thereof, or at the next regular meeting of such Board thereafter, all objections to the granting of such franchise shall be presented to said Board of County Commissioners. The Board shall proceed at once with the consideration of the application, but may adjourn the hearing from time to time, not exceeding in all thirty (30) days, until a final decision is reached.

      Sec. 5.  If upon full consideration of all the facts the Board of County Commissioners determine that a majority of the resident taxpayers, as hereinbefore provided, have signed said petition and desire said franchise allowed, they shall fix the terms and prescribe the conditions under which said franchise is to be granted, the character or kinds of service to be rendered, the maximum rates to be charged for the service, and such other matters properly connected therewith; and shall thereupon grant such franchise subject to said terms and conditions.

      Sec. 6.  The County Commissioners at the time of granting any such authority, franchise and right of way, shall require the applicant to enter into an undertaking to the county in a sum to be determined by the Board of County Commissioners, with surety or sureties approved by such Board, conditioned that such applicant shall commence active construction of such telephone, telegraph, light, heat or power lines, the laying of gas or water mains, or such street-car system, for which such franchise, right or privilege is granted, within sixty days from the date of the granting of such franchise, right or privilege, and prosecute the construction thereof to completion with due diligence; failing to comply with the conditions of such undertaking to pay into the treasury of the county to which such undertaking is given the sum of money mentioned therein and forfeit all rights to such franchise, right or privilege.

lines, the laying of gas or water mains, or such street-car system, for which such franchise, right or privilege is granted, within sixty days from the date of the granting of such franchise, right or privilege, and prosecute the construction thereof to completion with due diligence; failing to comply with the conditions of such undertaking to pay into the treasury of the county to which such undertaking is given the sum of money mentioned therein and forfeit all rights to such franchise, right or privilege.

      Sec. 7.  Every applicant for a franchise for any of the purposes mentioned in Section 1 of this Act, shall, within ten days after such franchise is granted, file with the County Recorder of such county an agreement properly executed by the grantee of such franchise, right or privilege to pay annually on the first Monday of July of each year to the County Treasurer of the county wherein such franchise, right or privilege is to be exercised, for the benefit of the school fund of such county, two per cent of the net profits made by such grantee in the operation of any public utility for which such franchise is granted, and no power, function, right or privilege shall be exercised until such agreement shall be filed.

      Sec. 8.  The grantee of any franchise, right or privilege secured under the terms and provisions of this Act shall file annually, on or before the first Monday of March in each year, with the Assessor of the county wherein it is engaged in business, under such franchise, right or privilege, an affidavit made by its president and secretary setting forth the gross receipts and expenses for the preceding year, and the net profits, if any, for the same period.

      Sec. 9.  Every person, company, corporation or association receiving a franchise under the provisions of this Act shall provide a plant with all necessary appurtenances of approved construction for the full performance of his, her, their or its franchise duties, rights and obligations, and for the needs, comfort and convenience of the inhabitants of the various unincorporated towns and cities, county or place to which such franchise relates; shall keep such plants and appurtenances, including all tracks, cars, poles, wires, pipes, mains and other attachments in good repair, so as not to interfere with the passage of persons or vehicles, or the safety of persons or property. The Board of County Commissioners shall, when granting such franchise have authority to so fix and direct the location of all tracks, poles, wires, mains, pipes and other appurtenances upon the public streets, alleys, avenues and highways as to best serve the convenience of the public, and such Board shall likewise have authority to change the location of any such appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public shall so require. All poles, except poles from which trolley wires are suspended for street-car lines, from which wires are suspended for electric railroads, power, light or heating purposes within the boundaries of unincorporated towns and over public highways shall not be less than thirty (30) feet in height, and the wires strung thereon shall not be less than twenty-five feet above the ground, and every person, company, association or corporation operating a telephone, telegraph or electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its expense, a competent electrician to cut, repair and replace wires in all cases where such cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.

Grantee to pay 2 per cent of net profits to school fund.

Grantee to submit statements.

Plant of approved construction.

Commissioners to fix location of poles, tracks, etc.

Height of poles and wires regulated.

No exclusive franchise granted.

Public condemnation of land, when.

Other Acts to also govern.

Provisos.

light or heating purposes within the boundaries of unincorporated towns and over public highways shall not be less than thirty (30) feet in height, and the wires strung thereon shall not be less than twenty-five feet above the ground, and every person, company, association or corporation operating a telephone, telegraph or electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its expense, a competent electrician to cut, repair and replace wires in all cases where such cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways. And no person, company, corporation or association shall be granted an exclusive franchise nor shall any Board of County Commissioners have authority to grant a franchise in such manner or under such terms or conditions as to hinder or obstruct the granting of franchises to other grantees, or in such manner as to obstruct or impede reasonable competition in any business or public service to which this Act applies.

      Sec. 10.  If the owner of any real property upon or over which the proposed line of the grantee of the franchise is to run, shall object to the use of his said property for such purpose, the land reasonably necessary therefor may be condemned in the manner prescribed by law for the condemnation of land for the public use, such condemnation to be in a proceeding brought for the purpose by the grantee of the franchise. If any property, real or personal, abutting or adjacent to the line of the right of way of said franchise shall be injured or damaged by the running or operation of the said line under said franchise, the grantee of the franchise shall be liable, in an action at law, for all such injuries and damages, due to the negligence of the grantee.

      Sec. 11.  All persons, companies, associations or corporations in the business of conducting street railways, telephone, telegraph, electric light and power lines, gas or water mains in any of the cities, towns or places mentioned in this Act under the provisions of any other Act providing for the granting of such franchises, and who or which has not fully complied with the provisions of the Act under which his, her, their, or its franchise was obtained, may, nevertheless, have and enjoy all the privileges and benefits of this Act; provided, that such person, company, association or corporation shall, within six months after the passage of this Act, file in the office of the Secretary of State, and in the office of the County Recorder of the county in which such person, company, corporation or association maintains its principal office or place of business, a duly executed and acknowledged acceptance of the terms, conditions and provisions of this Act, which acceptance, in case of a corporation, shall be evidenced by a duly attested or certified copy of a resolution of its Board of Directors; provided, that nothing herein contained shall be construed to relieve any such person, company, association or corporation of any duty or obligation provided in any Act or contained in any franchise under which any person, company, association or corporation is now operating.

tion of any duty or obligation provided in any Act or contained in any franchise under which any person, company, association or corporation is now operating.

      Sec. 12.  An Act granting to persons and corporations the right to supply electric power, heat and light to the inhabitants of the counties, cities and counties, cities and towns of the State of Nevada, and granting to such persons and corporations the right to construct and maintain poles and wires on the county roads and highways and in the streets of said cities and counties, cities and towns of this State, and to conduct electricity over said wires, and provide for the punishment of obstruction, hindrance or damage thereto, approved March 2, 1901, the same being Chapter XXV of the Laws of 1901; also, an Act entitled “An Act to define the rights and responsibilities of owners of electric light lines and power lines in the State of Nevada,” approved March 29, 1907, the same being Chapter CXC of the Laws of 1907; also, “An Act to empower the County Commissioners of the several counties of the State of Nevada to grant a right of way for the construction of telephone, telegraph and electric power lines, underground pipe lines, street-car lines and other railway lines across and along the public roads and highways of the State of Nevada, and matters relating thereto,” approved March 29, 1907, the same being Chapter CXCVI of the Laws of 1907, and all other Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed; provided, however, that neither this repealing clause nor any other provision of this Act shall be so construed as to deprive the Railroad Commission of Nevada, or any public service commission of this State now existing or hereafter created, of full power to regulate and control, as prescribed by law, the service, practices, regulations and charges subject to the maximum charges fixed by the Board of County Commissioners upon granting the franchise, and subject also to the provisions of Section 7 of this Act, of all public utilities receiving franchises as herein provided.

      Sec. 13.  This Act shall not be construed in any way to repeal any portion of an Act entitled “An Act concerning franchises for furnishing electric light, heat, and power,” approved........................., 1909.

Certain Acts repealed.

Proviso.

Not to conflict with Railroad Commission.

Not to repeal certain Act.

Beaver protected.

Chap. CLXIX.–An Act to amend an Act entitled “An Act to provide for the protection and preservation of different species of wild game, and to repeal all Acts and parts of Acts in conflict herewith,” approved March 28, 1901.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Section sixteen of that certain Act entitled and approved as aforesaid is hereby amended to read as follows:

      Section 16.  It shall be unlawful for any person or persons, firm, company, corporation or association, to catch, kill, destroy, trap, net, weir or cage any beaver within this State before the first day of April, A. D. 1920.

Assistant Librarian provided for.

Repeal.

Chap. CLXX.–An Act to authorize the State Librarian to appoint an Assistant Librarian, fixing the compensation for such Assistant Librarian, and repealing all Acts in conflict therewith.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The State Librarian is hereby authorized to appoint an Assistant Librarian who shall perform the duties of Librarian at the State Library, and who shall be allowed as a compensation therefor the sum of fifteen hundred dollars per annum.

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

Relief of Cole, Bray, Sanford, and Elliot.

Chap. CLXXI.–An Act making an appropriation for the relief of George A. Cole, J. E. Bray, George L. Sanford, and A. D. Elliot.

[Approved March 23, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The sum of two hundred (200) dollars is hereby appropriated out of the General Fund of the State of Nevada for services rendered to the State of Nevada and to be paid as follows: Fifty (50) dollars to George A. Cole, fifty (50) dollars to J. E. Bray, fifty (50) dollars to George L. Sanford, and fifty (50) dollars to A. D. Elliot, and the State Controller is hereby directed to draw his warrants for the specified amounts to the persons aforesaid, and the State Treasurer is authorized to pay the same.

Chap. CLXXII.–An Act providing for the protection and preservation of game, and repealing all Acts and parts of Acts in conflict therewith.

[Approved March 24, 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, corporation, or association, to kill, catch, destroy, wound, snare, trap, injure, or pursue with attempt to kill, capture, or destroy, any bluebird, thrush, mocking bird, oriole, humming bird, robin, meadow lark, or any other insectivorous, plume or song birds within this State.

      Sec. 2.  It shall be unlawful for any person or persons, firm, company, corporation or association, to take, kill, wound, trap, net, weir, destroy, injure, or pursue with attempt to take, kill, injure or destroy any pheasant, bob-white quail, partridge, or any other variety of imported game birds within this State.

      Sec. 3.  It shall be unlawful for any person or persons, firm, company, corporation, or association, after the 1st day of October and before the 15th day of July of each and every year, to kill, catch, trap, cage, weir, destroy, injure or pursue with attempt to kill, catch, capture, injure or destroy any sagecock or sagehen within this State.

      Sec. 4.  It shall be unlawful for any person or persons, firm, company, corporation or association, to kill, catch, destroy, injure, snare, weir, wound, or pursue with attempt to take, kill, injure or destroy, any grouse or mountain quail after the first day of January and before the first day of October of each year, within this State.

      Sec. 5.  It shall be unlawful for any person or persons, firm, company, corporation or association, at any time after March 15th, and before September 15th, of each and every year, to kill, catch, net, cage, pound, weir, trap, or pursue with attempt to catch, capture, injure or destroy, any wild duck, sandhill crane, plover, curlew, snipe, woodcock, swan or wild goose within this State.

      Sec. 6.  It shall be unlawful for any person or persons, firm, company, corporation or association, at any time after the 15th day of January, and before the 15th day of October of each and every year, to kill, catch, trap, cage, net, weir, pound, destroy, or pursue with attempt to catch, capture, injure or destroy, any valley quail within this State.

      Sec. 7.  It shall be unlawful at any and all times of the year for any person or persons, firm, company, corporation, or association, to disturb or destroy the nest of, or to take or remove from any nest of any wild fowl or game bird mentioned in this Act, any egg or eggs of such wild fowl or game bird, or to have in their possession, or to sell or to offer for sale or exchange, except for scientific purposes, or for the purpose of propagation, any such eggs or nests, within this State.

Protection of wild game.

Imported birds protected.

Close season for sage birds.

For grouse and mountain quail.

For ducks, geese, etc.

Valley quail.

Nests and eggs protected.

Exception.

Number taken limited.

Open season for deer and antelope.

Number of deer limited to two.

Unlawful to have game in possession during close season.

Proviso.

Catch limited

bird, or to have in their possession, or to sell or to offer for sale or exchange, except for scientific purposes, or for the purpose of propagation, any such eggs or nests, within this State.

      Sec. 8.  Nothing in this Act shall be construed to prohibit any person from selling game killed by himself, but it shall be unlawful for any person or persons, firm, company, corporation or association, to purchase such game for the purpose of barter or sale, and it shall also be unlawful for any person to kill or have in his possession a greater number than twenty ducks, fifteen mountain quail, ten sage birds, six grouse, fifteen valley quail, five plover, ten geese, three swan or fifteen snipe in any one day, within this State.

      Sec. 9.  The open season for deer and antelope in this State shall be from September 15th, and until October 15th, of each and every year, and during that time it shall be unlawful for any person or persons, firm, company, corporation or association, within this State, to kill, catch, trap, wound or pursue, with an attempt to catch, capture, injure or destroy, any number of deer or antelope exceeding two for any one open season or year. It shall be unlawful to kill, catch, trap, wound or pursue, with attempt to catch, injure, kill or destroy, any antelope or any spotted fawn at any time.

      Sec. 10.  It shall be unlawful in this State for any person or persons to have in their possession any deer or antelope from and after November 1st of each year and until September 15th of the year next succeeding, and it shall be unlawful for any person or persons to sell or offer for sale or to trade or barter or offer to trade or barter any number of deer or antelope in excess of two during the time intervening between the 15th day of September and the 1st day of November of any year.

      Sec. 11.  It shall be unlawful for any person or persons, firm, company, corporation, or association, to have in his or their possession, or to sell, buy, transport, or give away, or offer or expose for sale, or purchase from any person, whomsoever, either Indian or other person, any of the birds, animals, or wild game mentioned in this Act during the season within the killing, injuring, pursuing, trapping, pounding, weiring, caging, selling, buying, transporting, giving away, offering or exposing for sale, or having in his or their possession is herein prohibited; provided, however, that nothing in this Act shall be so construed as to prohibit any resident person or persons, firm, company, corporation or association, from taking (upon a written permit from the State Board of Fish and Game Commissioners) any bird, animal, or fowl or the nest or eggs of any bird or fowl for the purpose of propagation or domestication or for scientific purposes.

      Sec. 12.  Catch of trout or black bass not to exceed twenty (20) fish in any one day by any one person. Night fishing or night hunting prohibited.

night hunting prohibited. Fishing season March 30th to September 15th.

      Sec. 13.  Any person or persons, firm, company, corporation, or association, or common carrier, violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five (25) dollars, nor more than five hundred (500) dollars, or imprisoned in the county jail in the county where the conviction is had for any term not exceeding six months, or by both such fine and imprisonment. It shall be no defense in the prosecution for the violation of any of the provisions of this Act, that the animals or birds were taken or killed outside of the State of Nevada; nor shall it be any defense in the prosecution for the violation of any of the provisions of this Act that the animals or birds were taken or killed by one other than he in whose possession said animals or birds were found; nor shall it be any defense in the prosecution for the violation of any of the provisions of this Act that the person did not know that hunting was not allowed upon the premises on which he was trespassing.

      Sec. 14.  It shall be the duty of the Board of County Commissioners of any county within this State, when petitioned by fifty taxpayers within their county, for the protection of any variety of birds, fowls or animals, to draw and pass an ordinance protecting said birds, fowls or animals for the length of time as prayed for in the petition and to fix a penalty for the violation of said ordinance; said penalty to be in conformity with Section 13 of this Act. When said ordinance is properly drawn and signed by the Chairman of the Board of County Commissioners it shall be published in some newspaper published in the county for the period of four issues, and thereafter it shall be in full force and effect.

      Sec. 15.  All Acts and parts of Acts in conflict with this Act are hereby repealed. Every railroad company, express company, transportation company, or other common carrier, their officers, agents, and servants, and every other person who shall transport, carry, or take out of the State, or who shall receive for the purpose of transporting, or carrying from this State, any deer, buck, doe or fawn, or any mountain sheep or antelope, or any quail, sage chicken, prairie chicken, grouse, wild ducks, or goose, or any other bird or animal mentioned in this Act, shall be guilty of a misdemeanor.

Night fishing or hunting prohibited.

Penalties.

Ignorance no defense.

County Commissioners to pass ordinance, when.

Ordinance published.

Repeal.

Transportation companies liable.

Rights of bailees.

May sell goods, when.

Provisos.

Proceeds of sale, how disposed of.

Surplus goes to School Fund.

Not to apply to pawnbrokers

Chap. CLXXIII.–An Act defining the rights of bailees for hire of goods in storage, as to disposition of unclaimed or delinquent property.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  When any goods, merchandise or other property to be placed in storage has been received by any person, persons, firm or corporation acting as bailee for hire of said goods, merchandise, or other property to be placed in storage in any room, building or other structure belonging to or leased by the said person, persons, firm, or corporation acting as bailee, it shall be the right and the right is hereby granted to said bailee to sell the said goods, merchandise, or other property at public auction to the highest bidder not less than six (6) months after the bailor has first failed to pay the storage charges on the said goods, merchandise, or other property; provided, that said sale shall not be had contrary to any agreement or contract between bailor and bailee; provided, further, that the bailee shall notify the bailor of the intended sale thirty (30) days previous thereto if the bailor’s address or residence be known to the bailee; if not known, then the bailor shall publish notice in any newspaper most likely to give notice at least once weekly for a period of four (4) weeks successively, or, if there be no newspaper published in the town or township wherein the bailee resides, then notice may be given by posting notices in three (3) or more public places in said town or township for a period of four (4) weeks previous to said sale.

      Sec. 2.  Out of the proceeds of said sale the bailee may pay all just claims against the property sold, including the bailee’s charges for storage. If there be any surplus after all just claims are satisfied, the bailee shall pay the same to the bailor, if his address be known; if not, then the bailee shall deposit the same with the County Treasurer of the county wherein such sale was made, who shall hold the same for one year (for the benefit of the owner), and if no owner appear to claim the said surplus it shall be paid over to the State Treasurer for the benefit of the State School Fund.

      Sec. 3.  The provisions of this Act shall in no case be construed to affect any person, persons, firm or corporation doing a pawnbroking or money-lending business in this State, and not acting as bailee for hire within the intendment of this Act.

Chap. CLXXIV.–An Act to amend section three as amended March 16, 1897, of an Act entitled “An Act to create a Board of County Commissioners in the several counties of this State and to define their duties and powers,” approved March 8, 1865.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Section three of an Act entitled “An Act to create a Board of County Commissioners in the several counties of this State and to determine their duties and powers,” approved March 8, 1865, and amended March 16, 1897, is hereby amended to read as follows:

      Section 3.  The meetings of the Board of County Commissioners shall be held at the county-seats of their respective counties on the first Monday of each and every calendar month; special meetings may be held at the county-seat for the transaction of business pertaining to the county whenever said meeting shall be authorized by the Board by resolution duly adopted and entered upon its minutes at a regular meeting. The Board shall also meet on the tenth day after each general election to canvass election returns.

Meetings of County Commissioners.

Special meetings, how called.

Chap. CLXXV.–An Act to amend “An Act creating the office of Commissary of the Nevada State Police, prescribing his duties, fixing his compensation, and other matters relating thereto,” approved February 8, 1908.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of said Act is hereby amended so as to read as follows:

      Section 3.  It shall be the duty of the Commissary of the Nevada State Police to purchase all arms, ammunition, equipment, provisions, uniforms, badges, and all other necessary supplies required to be furnished to said Nevada State Police, and no supplies of any kind shall be furnished to, nor purchased for the use of, the Nevada State Police, except upon requisition therefor issued by the Commissary, and approved by the governor.

Commissary of Nevada State Police to purchase all equipment.

Inspector of Mines created.

Salary and expenses.

Term of office.

Bond.

Not to be connected with any mining corporation.

Form of oath.

Chap. CLXXVI.–An Act creating the office of Inspector of Mines; fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said Inspector, and defining the duties of the Attorney-General and District Attorneys in relation to suits instituted by the Inspector of Mines.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The office of Inspector of Mines for the State of Nevada is hereby created.

      Sec. 2.  The Inspector of Mines shall receive as full compensation for his services a salary of thirty-six hundred dollars ($3,600) per annum and his necessary traveling expenses when traveling in the discharge of his official duties, not to exceed eighteen hundred ($1,800) dollars per annum, and all necessary expenses for clerk hire, postage, stationery, printing and other office expenses, not to exceed twelve hundred ($1,200) dollars per annum; and such compensation and expenses shall be paid as the salary and expenses of other State officers are paid. He shall hold his office for the term of two years, or until his successor is selected and qualified. Before entering upon the discharge of his duties, as such Inspector of Mines, he shall file an official bond in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of the duties of his office, in form and manner as other official bonds of State officers.

      Sec. 3.  The Inspector of Mines shall not at the time of his appointment, or at any time during the term of his office, be an officer, director or employee in or of any mining corporation in this State, or in or of any milling corporation in the State engaged in the business of smelting or reducing ores, and each Inspector and deputies shall, and each of them, have had at least seven years’ actual experience in underground workings, and shall make his affidavit before a proper officer to that effect before he shall be qualified to act as such Inspector, or Deputy Inspector, as herein provided. And such Inspector shall devote his whole time to the duties of his office and shall take and subscribe to the following oath:

      I, ........................., of ......................... County, do solemnly swear that I will perform each and every duty required of me as Inspector of Mines for the State of Nevada; that I will at all times while acting in my official capacity fulfill the duties of such office according to the law and to the best of my skill and understanding; that I will never at any time while holding the office of Inspector of Mines disclose to any one, directly or indirectly, under any circumstances any information relative to ore bodies, shoots or deposits of ore or the location, course or character of underground workings, or give my opinion founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same.

or indirectly, under any circumstances any information relative to ore bodies, shoots or deposits of ore or the location, course or character of underground workings, or give my opinion founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same. To all of which I pledge my sacred honor. So help me God.

      Nothing in said oath, however, shall be construed to prevent such Mining Inspector from making full and complete statistical reports as required by law.

      Sec. 4.  It shall be the duty of the Inspector of Mines at least once a year, to visit in person each mining county in the State of Nevada and examine all such mines therein as, in his judgment, may require the examination for the purpose of determining the condition of such mines as to safety, and to collect information and statistics relative to mines and mining and the mineral resources of the State, and to collect, arrange and classify mineral and geological specimens found in this State and to forward the same to the State School of Mines, and it shall be the duty of the Inspector of Mines to establish a uniform code of signals.

      Sec. 5.  Said State Inspector shall have full power and authority at all hours, to enter and examine any and all mines in this State, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager or other person in charge of such mine or mines shall render the Inspector such assistance as may be required by the Inspector to enable him to make a full, thorough and complete examination of each and every part of such mine or mines; and whenever, as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise), the Inspector shall find the same to be in an unsafe condition, he shall at once serve, or cause to be served, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in detail in what particular or particulars the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements stated in such notice so served, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be deemed guilty of a misdemeanor, and is punishable by a fine of not more than five hundred dollars; and each day’s continuance of such neglect or refusal shall be a separate offense; and in case of any criminal or civil proceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained by any employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the Inspector’s requirements, a certified copy of the notice served by the Inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified.

Mines to be inspected at least once annually.

Inspector to have full power to enter all mine workings.

Notice served on manager of unsafe mine.

Penalty for noncompliance.

Inspector to have office at Capitol.

Mine owners to report.

Complaint as to dangerous mines.

Inspector to serve notice.

account of the loss of life or bodily injury sustained by any employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the Inspector’s requirements, a certified copy of the notice served by the Inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified.

      Sec. 6.  The Inspector of Mines shall be provided with a properly furnished office at the State House in Carson City, Nevada, in which he shall carefully keep a complete record of all mines examined, showing the date of examination, the conditions in which the mines were found, the manner and method of working, the extent to which the laws are obeyed, and what recommendations, if any, were ordered by the Inspector. It is hereby made the duty of the owner, lessor, lessee, agent, manager or other person in charge of each and every mine, of whatever kind or character, within the State, to forward to the Inspector of Mines at his office, not later than the first day of June in each year, a detailed report showing the character of the mine, the number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year, the method of working such mine and the general condition thereof, and such owner, lessor, lessee, agent, manager or other person in charge of any mine within the State must furnish whatever information relative to such mine as the Inspector of Mines may from time to time require for his guidance in the proper discharge of his official duties.

      Sec. 7.  Whenever the Inspector of Mines shall receive a formal complaint in writing, signed by one or more persons, setting forth that the mine in which he is employed is dangerous in any respect, he shall, in person, visit and examine such mine; provided, every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine, and shall describe with as much certainty as possible the conditions rendering such mine dangerous, and shall set forth the time when such danger was first observed, and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants or any one else to their knowledge to the superintendent or other person in charge of such mine, and if no such complaint has been made to such superintendent or other person in charge, the reason why it has not been made. After such complaint shall have been received by the Inspector of Mines, it shall be the duty of such Inspector to serve a certified copy thereof, upon the owner, lessor, lessee, agent, manager, or other person in charge, and, as soon as possible, after receiving such complaint, to visit and examine such mine; and if from such examination he shall find such complaint to be just, he shall give notice in writing of the danger existing, to the owner, lessor, lessee, agent, manager, or other person in charge thereof, and in such notice may, in his discretion, order such mine or workings in which danger exists, closed until danger has been removed.

mine or workings in which danger exists, closed until danger has been removed. The names of the complainants complaining as in this section provided, shall not, under any circumstances, be divulged to any person by said Inspector except such action be necessary in the administration of justice in the courts of the State.

      Sec. 8.  It shall be the duty of the Inspector of Mines upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge of any mine or working, notified of the unsafe or dangerous condition of his mine, promptly to comply with the requirements of the notice served upon him, to at once notify the Attorney-General of such neglect or refusal, and the Attorney-General or the District Attorney of the county in which said mine is situated, at the instigation of the Attorney-General, must thereupon immediately commence action in the name of the State against the party so notified for the enforcement of the penalty mentioned in section five, in any court of competent jurisdiction. And it shall be the duty of the Inspector of Mines upon the neglect or refusal of any owner, lessor, lessee, agent, manager or other person in charge of any mine or working, notified of the unsafe or dangerous condition of his mine, promptly to comply with the requirements of the notice served upon him, to at once notify the Attorney-General of such neglect or refusal, and the Attorney-General must thereupon immediately commence action in the name of the State against the party so notified for the recovery of the penalty mentioned in section five, in any court of competent jurisdiction, and the amount so recovered shall be paid into the General School Fund of the State and constitute a part thereof.

      Sec. 9.  The Inspector of Mines shall appoint a Deputy Inspector who shall receive a salary not to exceed two hundred dollars per month as full compensation for all services, and traveling expenses while in the discharge of his duty.

      Sec. 10.  Whenever a serious or fatal accident shall occur in any mine in the State of Nevada, it shall be the duty of the owner, lessor, lessee, agent, manager or other person in charge thereof immediately and by the quickest means, to notify the Inspector of Mines, or his deputy, as may be most convenient, of such accident; and the Inspector or his deputy, or both, shall at once repair to the place of accident and investigate fully the cause of such accident; and the Inspector, or his deputy, shall be present at any Coroner’s inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest. If the Inspector or Deputy Inspector cannot be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the owner, lessor, lessee, agent, manager, or person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such accident; in case of no persons being present at the time of the accident, then the statement of those first present thereafter shall be taken, which statement shall be verified, and such verified statements shall be placed in the hands of the Inspector, or Deputy Inspector, upon the demand of such officer.

Names of complainants kept secret.

Noncompliance with notice, how prosecuted.

Deputy Inspector.

Salary.

Inspector to attend Coroner’s inquest.

Testimony.

Annual report of Inspector.

What to contain.

agent, manager, or person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such accident; in case of no persons being present at the time of the accident, then the statement of those first present thereafter shall be taken, which statement shall be verified, and such verified statements shall be placed in the hands of the Inspector, or Deputy Inspector, upon the demand of such officer. Whenever any Deputy Inspector is present at any Coroner’s inquest and assists in the examination, he shall, at the conclusion thereof, at once prepare and forward to the Inspector a full and detailed report of the accident, giving all information obtainable regarding the same.

      Sec. 11.  The Inspector of Mines shall, on the first Monday of December of each year, file with the Governor of the State a printed report giving:

      First- A list of all accidents that have occurred during the year, the nature and cause of the same, together with the persons killed and injured.

      Second-The number of mines visited or examined during the year, the number of mines in operation, and the number of mines idle, the number of men employed, the wages paid and the nationality of the employees.

      Third-The name and location of each mine in the State which has been examined and from which the Inspector has received a report as provided in section six of this Act, and all data possible in regard to the manner of working the same, whether by shaft, tunnel, incline, or otherwise; the condition of the hoisting machinery, boilers, whims, engines, cars, buckets, ropes and chains used in the mines; also the appliances used for the extinguishing of fires; the manner and method of working and timbering the shafts, drifts, inclines, stopes, winzes, tunnels and upraises through which persons pass to and fro while engaged in their daily labor; the character of the exits from the mine, and the methods of ventilation and the system of signals used in the mine.

      Fourth-The number and character of notices served, together with suggestions and recommendations made; the manner in which such suggestions and recommendations were complied with.

      Fifth-The number of complaints received and the actions therein.

      Sixth-The number of prosecutions for neglect or refusal to comply with notices.

      Seventh-A summary of the reports received from mine owners and Deputy Inspector.

      Eighth-A full statement containing all available statistical and other information calculated to exhibit the mineral resources of the State and to promote the development of the same.

      Ninth-Generally, such other information and suggestions as may be deemed advisable.

      Sec. 12.  This Act shall not apply to any mine which is worked exclusively by the owners, or lessees of the owners, and where no men are employed working in said mine for wages.

      Sec. 13.  Within twenty days from and after the passage of this Act, the Governor shall appoint said Mining Inspector, who shall hold office until December 31, 1910, and at the next general election held in this State, and every two years thereafter, the office of Inspector of Mines mentioned in this Act shall be filled by election by the qualified electors of the State of Nevada, as other State officers are now elected, and the State Controller is hereby authorized and directed to draw his warrants for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

Not to apply to certain mines.

Governor to appoint Inspector.

Popular election in 1910.

Chap. CLXXVII.–An Act fixing the compensation of county and township officers in Nye County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, and regulating the conduct thereof, and to repeal all Acts or parts of Acts conflicting therewith.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The county officers of Nye County, State of Nevada, named in this Act, shall receive the following compensations in full for all their services in such offices.

      Sec. 2.  The District Attorney shall receive a salary of five thousand dollars per annum for all his services as such officer. He shall have such deputies as in the judgment of the Board of County Commissioners shall be deemed necessary, and at such compensation and for such time as they may provide. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation while absent from the county-seat in going and coming to and from the county-seat while in performance of his official duties; provided, said expenses shall be first audited and allowed by the Board of County Commissioners. The District Attorney shall receive no other fees or compensation other than is herein provided for the performance of his official duties.

      Sec. 3.  The County Clerk shall receive a salary of thirty-six hundred dollars per annum for all his services in said office, and shall be allowed a deputy, to be named by him, at a compensation of eighteen hundred dollars per annum, and shall collect in advance and monthly turn over to the County Treasurer of the county such fees and compensation as are now provided for services in his office by section three of an Act of the Legislature of the State of Nevada entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto,” approved February 27, 1883, said section being Section 2470 of Cutting’s Compiled Laws of the State of Nevada, 1900.

Nye County salaries.

District Attorney.

Traveling expenses.

County Clerk.

Deputy.

Recorder.

Deputies.

Sheriff.

Deputies.

Expenses.

Provisos.

Treasurer of the county such fees and compensation as are now provided for services in his office by section three of an Act of the Legislature of the State of Nevada entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto,” approved February 27, 1883, said section being Section 2470 of Cutting’s Compiled Laws of the State of Nevada, 1900.

      Sec. 4.  The County Recorder and Auditor of said county shall receive a salary of thirty-six hundred dollars per annum as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by section four of an Act of the Legislature of the State of Nevada entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto,” approved February 27, 1883. He shall be allowed one deputy at one hundred and fifty dollars per month, and shall have such other deputies at such compensation of five dollars per diem, as the Board of County Commissioners shall deem necessary and allow.

      Sec. 5.  The Sheriff of said county shall receive a salary of four thousand dollars per annum for his services to said county as Sheriff, and shall have one Under Sheriff to be selected by him at a compensation of eighteen hundred dollars per annum, and such other deputies, to be named by him, as the Board of County Commissioners may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual traveling expenses to consist of actual cost of his transportation and living expenses while absent from the county-seat in going and coming to and from the county-seat while in the performance of his official duties; provided, said expense shall be first audited and allowed by the Board of County Commissioners; provided, however, that the Sheriff shall collect for all services in his office and pay over monthly into the county treasury of said county such fees as are provided for in an Act of the Legislature of the State of Nevada entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto,” approved February 27, 1883; provided, that in lieu of the mileage provided in said Act, the said Sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself, or deputy, in the service of any summons and complaints, or other process issuing out of the District Court; provided, further, that where there is a deputy or other officer competent to perform said service without the Sheriff actually incurring traveling expense, no mileage shall be charged. The Sheriff shall be allowed three per cent of all amounts of money collected by him as licenses, poll and personal property tax. As Assessor of said county said Sheriff shall receive six hundred dollars per annum, and shall have such deputies, to be named by him, as the County Commissioners may allow, and at such compensation as shall be fixed and determined by the Board of County Commissioners.

Sheriff shall receive six hundred dollars per annum, and shall have such deputies, to be named by him, as the County Commissioners may allow, and at such compensation as shall be fixed and determined by the Board of County Commissioners.

      Sec. 6.  The County Treasurer of said county shall receive as compensation for all services to said county three thousand six hundred dollars per annum; he shall have such deputy or deputies as in the judgment of the Board of County Commissioners shall be deemed necessary, at such compensation and for such time as they may provide.

      Sec. 7.  The Coroner of said county shall receive for his services such fees and compensation as are provided for in section six of an Act of the Legislature entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all Acts in relation thereto,” approved February 27, 1883.

      Sec. 8.  The Public Administrator of said county shall receive such fees and compensation as are provided for by an Act of the Legislature of the State of Nevada entitled “An Act relating to the office of Public Administrator and prescribing their duties,” approved March 7, 1883.

      Sec. 9.  The Constable in townships polling two hundred votes, or more, at the last general election shall receive as such compensation for all services rendered of whatsoever nature, a salary not to exceed eighteen hundred dollars per year, and in townships polling less than two hundred votes at the last general election, said Constable shall receive the fees now provided for in an Act of the Legislature of the State of Nevada entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other Acts in relation thereto,” approved February 27, 1883.

      Sec. 10.  The Justice of the Peace in townships polling less than two hundred votes at the last general election shall receive as full compensation for all services rendered by him as such officer the fees now provided for in an Act of the Legislature of the State of Nevada entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other Acts in relation thereto,” approved February 27, 1883. In townships polling more than two hundred and less than one thousand votes at the last general election, said Justice of the Peace shall receive as full compensation for all services rendered as such Justice of the Peace a salary not to exceed eighteen hundred dollars per year. In townships polling more than one thousand votes at the last general election, said Justice of the Peace shall receive as full compensation for all services rendered of whatsoever nature as such Justice of the Peace, a salary of not to exceed twenty-four hundred dollars per year.

      Sec. 11.  All the county and township officers herein named shall keep full and correct account of all fees received by them for any official service of whatsoever kind or character and shall render monthly an account of the same, and except as hereinabove provided shall pay said fees over to the County Treasurer; and each of said officers shall accompany their bill for salary, or other official compensation, with the County Treasurer’s receipt of said fees; and for failure to render such accounting they shall not be entitled to have allowed them any official remuneration from said county for the preceding month.

Treasurer.

Deputies.

Coroner.

Public Administrator.

Constables.

Justices of the Peace.

Certain fees to go to county.

Repeal.

In effect January 1, 1910.

them for any official service of whatsoever kind or character and shall render monthly an account of the same, and except as hereinabove provided shall pay said fees over to the County Treasurer; and each of said officers shall accompany their bill for salary, or other official compensation, with the County Treasurer’s receipt of said fees; and for failure to render such accounting they shall not be entitled to have allowed them any official remuneration from said county for the preceding month.

      Sec. 12.  All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

      Sec. 13.  This Act shall take effect on and after January 1, 1910.

District High Schools, when.

Petition.

What petition must show.

Trustees to provide building.

Proviso.

Chap. CLXXVIII.–An Act to authorize Boards of County Commissioners to establish District High Schools, and matters properly connected therewith.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Boards of County Commissioners are hereby authorized to establish District High Schools in School Districts in accordance with the provisions hereinafter set forth in this Act.

      Sec. 2.  Upon presentation of a petition signed by at least ten per cent of the voters of the county as shown at the last general election, the Board of County Commissioners of a county may authorize and establish a District High School at the point designated in the petition. The petition must show:

      First-That there are at least seventy-five school census children in the School District for which the request is made that a District High School shall be established according to the last preceding census.

      Second-That there are at least five children therein of high-school grade between the ages of six and eighteen years.

      Third-That the school in such district is situated not less than twenty miles from a county high school located in the same county.

      Sec. 3.  When such petition has been presented and acted upon favorably by the Board of County Commissioners, and such District High School is authorized, it shall be the duty of the Board of Trustees of such district, together with the State Board of Education, within thirty days thereafter, to estimate the cost of purchasing suitable grounds when necessary, erecting a building and furnishing the same for the accommodation of the school; provided, that the Board of School Trustees may construct additions to the public school building or buildings in the place where such school shall be located, or if rooms can be obtained in the public school buildings therefor, such rooms shall be given the preference.

buildings therefor, such rooms shall be given the preference. And all expenses incurred for carrying out the provisions of this section shall be sustained by the School District interested, in accordance with the provisions of Section 80 of “An Act to provide for a reorganization of the system of school supervision and maintenance, to repeal all Acts and parts of Acts in conflict therewith, and matters properly connected therewith,” approved March 29, 1907.

      Sec. 4.  When such high school building shall have been erected and furnished, or rooms secured as provided in this Act, by such School District, the entire cost and expense of maintenance and instruction for the high school shall be paid by a tax on all the property in the county in which the said District High School is situated, in the same manner as other claims against the county are allowed and paid.

      Sec. 5.  It shall be the duty of the Board of School Trustees, together with the State Board of Education, to furnish annually an estimate of the amount of money needed to pay all the necessary expenses of conducting and maintaining such school; to adopt and enforce the use of the necessary text-books required by the State Board of Education in such school; to employ competent teachers, janitors, and other persons, and to discharge such teachers, janitors, and other persons when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of such school.

      Sec. 6.  It shall be the duty of the Board of County Commissioners of the county within which such high school shall be situated, to include in their annual tax levy the amount estimated by Board of School Trustees, together with said State Board of Education, as needed to pay the expenses of conducting such District High School; and such amount when collected and paid into the county treasury shall be known as the “District No. ........ High School Fund,” and may be drawn therefrom for the purpose of defraying the expenses of conducting said District High School in the manner provided by law for payment of school claims.

      Sec. 7.  Any District High School shall be open for the admission of graduates holding diplomas from the eighth grade of the elementary schools of the State; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the State Board of Education; and to such other pupils as shall pass the examinations for admission to the District High School, which examination shall be conducted under the direction and authority of the State Board of Education.

      Sec. 8.  Nothing in this Act shall be so construed as to prevent the principal of the District High School from acting as principal of all the schools of the district in which the District High School is located if so desired by the Trustees of said District High School and the State Board of Education.

Tax levy for high school.

Annual estimate.

District High School Fund.

What pupils eligible.

Principal may supervise all schools.

Subject to school laws.

Application of Act restricted.

In effect.

      Sec. 9.  The District High School shall be under the same general supervision and shall be subject to the same laws, rules and regulations as other schools of the State school system.

      Sec. 10.  This Act shall apply only to counties which at the last general election polled not more than nine hundred and sixty (960) votes, and which had more than three million six hundred thousand (3,600,000) dollars of taxable property; and nothing in this Act shall be so construed as to militate against, nor in any wise annul or modify provisions already made for any county high school now established, or that may hereafter be established in any county.

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

Deputy Superintendents, salary and expenses.

Limitation.

Appropriations.

Chap. CLXXIX.–An Act to amend an Act entitled “An Act to provide for a reorganization of the system of school supervision and maintenance, to repeal all Acts and parts of Acts in conflict therewith and matters properly connected therewith,” approved March 29, 1907.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Section ninety-seven of said Act is hereby amended to read as follows:

      Section 97.  The compensation of each Deputy Superintendent of Public Instruction is hereby fixed at two thousand dollars per annum and shall be paid out of the General Fund of the State as the salaries of other State officers are paid, together with actual traveling and office expenses incurred in the performance of duty as required by law, such traveling expenses to include the cost of transportation and board while absent from their places of residence; provided, that for any period of one year there shall not be more than eight hundred dollars ($800) nor less than five hundred dollars ($500) appropriated by the State to pay the traveling expenses of any Deputy Superintendent, and not more than four hundred dollars ($400) nor less than three hundred dollars ($300) shall be appropriated to pay the office expenses of such Deputy Superintendent for any period of one year. The claims against the State for such traveling and office expenses shall be presented and allowed by the State Board of Examiners as other such claims are presented and allowed.

      Sec. 2.  There is hereby appropriated from the General Fund of the State, the following amounts to pay the salary, traveling expenses and office expenses of the Deputy Superintendents of Public Instruction for the period of time beginning July first, nineteen hundred and nine, and ending January first, nineteen hundred and eleven:

      For the First Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $400; traveling expenses, $800.

      For the Second Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $400; traveling expenses, $800.

      For the Third Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $400; traveling expenses, $1,200.

      For the Fourth Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $600; traveling expenses, $1,200.

      For the Fifth Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $600; traveling expenses, $1,200.

      Sec. 3.  This Act shall take effect on July first, nineteen hundred and nine.

Items enumerated.

In effect July 1, 1909.

Chap. CLXXX.–An Act relating to children who are now or who may hereafter become dependent, neglected or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Definition.  That all persons under the age of twenty-one (21) years, shall, for the purpose of this Act only, be considered wards of this State and their persons shall be subject to the care, guardianship and control of the Court as hereinafter provided.

      For the purpose of this Act the words “dependent child” and “neglected child” shall mean any male child who, while under the age of seventeen years, or any female child who, while under the age of eighteen years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill-fame, or with any vicious or disreputable person, or has a home which by reason of neglect, cruelty or depravity, on the part of its parents, guardian, or any other person in whose care it may be, is an unfit place for such child; and any child, who, while under the age of ten (10) years if found begging, peddling or selling any article or articles, or singing, or playing any musical instrument for gain upon the street or giving any public entertainments, or accompanies or is used in the aid of any person so doing.

      The words “delinquent child” shall mean any male child who, while under the age of seventeen years, or any female child who, while under the age of eighteen years, violates any law of this State; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause, and without the consent of the parents, guardian or custodian absents itself from its home or place of abode, or is growing up in idleness or crime; or knowingly frequents or visits a house of ill-fame or ill-repute; or knowingly frequents or visits any policy shop or place where any gaming device is operated; or patronizes, visits or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes any public pool room where the game of pool or billiards is being carried on for pay or hire; or who wanders about the streets in the night time without being on any lawful business or lawful occupation; or habitually wanders about any railroad yards or tracks or jumps or attempts to jump onto any moving train; or enters any car or engine without lawful authority, or writes or uses vile, obscene, profane, or indecent language, or smokes cigarettes in any public place or about any school house; or is guilty of indecent, immoral, or lascivious conduct; any child committing any of these acts shall be deemed a delinquent child and when proceeded against, such proceeding shall be on behalf of the State in the interest of the child and the State, with due regard for the rights and duties of parents and others, by petition to be filed by any reputable person, and to that end it shall be dealt with, protected and cared for in the Probate or Chancery Court as a ward of the State in the manner hereinafter provided.

Children wards of State.

Terms defined.

Same.

Same.

Certain inhibitions.

Jurisdiction.

child who, while under the age of eighteen years, violates any law of this State; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause, and without the consent of the parents, guardian or custodian absents itself from its home or place of abode, or is growing up in idleness or crime; or knowingly frequents or visits a house of ill-fame or ill-repute; or knowingly frequents or visits any policy shop or place where any gaming device is operated; or patronizes, visits or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes any public pool room where the game of pool or billiards is being carried on for pay or hire; or who wanders about the streets in the night time without being on any lawful business or lawful occupation; or habitually wanders about any railroad yards or tracks or jumps or attempts to jump onto any moving train; or enters any car or engine without lawful authority, or writes or uses vile, obscene, profane, or indecent language, or smokes cigarettes in any public place or about any school house; or is guilty of indecent, immoral, or lascivious conduct; any child committing any of these acts shall be deemed a delinquent child and when proceeded against, such proceeding shall be on behalf of the State in the interest of the child and the State, with due regard for the rights and duties of parents and others, by petition to be filed by any reputable person, and to that end it shall be dealt with, protected and cared for in the Probate or Chancery Court as a ward of the State in the manner hereinafter provided.

      A deposition of any child under this Act or any evidence given in such cause, shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases against the same child under this Act; nor shall the name of any such child in connection with any proceedings under this Act be published in any newspaper, without a written order of the Court. The word “child” or “children” may be held to mean one or more children, and the word “parent” or “parents” may be held to mean one or both parents, when consistent with the intent of this Act. The word “association” shall include any association, institution or corporation which include in their purposes the care or disposition of children, coming within the meaning of this Act.

      Sec. 2.  Jurisdiction.  The District Courts of the several Judicial Districts in this State shall have original jurisdiction in all cases coming within the terms of this Act. In all trials under this Act, any person interested therein may demand a jury of six or twelve persons, or the Judge of his own motion may order a jury of the same number to try the case.

      Sec. 3.  Juvenile Department.  The findings of the court shall be entered in a book or books to be kept for that purpose, and known as the “Juvenile Department,” and the court may for convenience be called the “Juvenile Department of the District Court.”

pose, and known as the “Juvenile Department,” and the court may for convenience be called the “Juvenile Department of the District Court.”

      Sec. 4.  Petition to the Court.  Any reputable person, being a resident of the county, may file with the Clerk of the court having jurisdiction of the matter, a petition in writing setting forth that a certain child, naming it, within his county, is either dependent, neglected or delinquent as defined in Section 1 hereof; and that it is for the interest of the child and this State that the child be taken from its parent, parents, custodian or guardian and placed under the guardianship of some suitable person to be appointed by the Court; and that the parent, parents, custodian or guardian of such child, are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate, correct, control or discipline such child, or that the parent, parents, guardian or custodian consent that such child shall be taken from them.

      The petition shall also set forth either the name, or that the name is unknown to petitioner (a) of the person having the custody of such child; and (b) of each of the parents or the surviving parent of a legitimate child; or of the mother of an illegitimate child; or (c) if it allege that both such parents are or such mother is dead, then of the guardian, if any, of such child; or (d) if it allege that both such parents are or that such mother is dead and that no guardian of such child is known to petitioner. All persons so named in such petition shall be made defendants by name and shall be notified of such proceedings by summons if residents of this State in the same manner as is now or may hereafter be required in court proceedings by the laws of this State except only as herein otherwise provided.

      All persons, if any, who or whose names are stated in the petition to be unknown to petitioner, shall be deemed and taken as defendants by the name or designation of “all whom it may concern.” The petition shall be verified by affidavit, which affidavit shall be sufficient upon information and belief. Process shall be issued against all persons made parties by the designation of “all whom it may concern” by such description, and notice given by publication as is required in this Act shall be sufficient to authorize the Court to hear and determine the suit as though the parties had been sued by their proper names.

      Sec. 5.  Summons.  The summons shall require the person alleged to have the custody of the child to appear with the child at the time and place stated in the summons; and shall also require all defendants to be and appear and answer the petition on the return day of the summons. The summons shall be made returnable at any time within twenty days after the date thereof and may be served by the Sheriff, or by any duly appointed Probation Officer, even though such officer be the petitioner. The return of such summons with indorsement of service by the Sheriff or by such Probation Officer in accordance herewith shall be sufficient proof thereof.

Juvenile Department.

Petition to the court.

What petition shall contain.

Who deemed defendants.

Summons.

Publication, when.

Form of published notice.

Service by mail, when.

ment of service by the Sheriff or by such Probation Officer in accordance herewith shall be sufficient proof thereof.

      Whenever it shall appear from the petition or from affidavit filed in the cause that any named defendant resides or hath gone out of the State, or on due inquiry cannot be found, or is concealed within this State or that his place of residence is unknown so that process cannot be served upon him, or whenever any person is made defendant under the name or designation of “all whom it may concern,” the Clerk shall cause publication to be made once in some newspaper of general circulation published in his county, and if there be none published in his county, then in a newspaper published in the nearest place to his county in this State, which shall be substantially as follows:

      A, B, C, D, etc. (here giving the names of such named defendants, if any), and to “all to whom it may concern” (if there be any defendant under such designation):

      Take notice that on the ........ day of ........................., A. D. 19....., a petition was filed by ......................... in the ......................... Court of ......................... County to have a certain child named ......................... declared a (dependent or delinquent) and to take from you the custody and guardianship of said child (and if the petition prays for the appointment of a guardian with power to consent to adoption, add and to give said child out for adoption).

      Now, unless you appear within ten days after the date of this notice and show cause against such application, the petition shall be taken for confessed and a decree granted.

      Dated (the date of publication). ........................., Clerk.

      And he shall also within ten days after the publication of such notice send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition, and who shall not have been served with summons. Notice given by publications as is required by this Act shall be the only publication notice required either in the case of residents, non-residents or otherwise. The certificate of a Clerk that he has sent such notice in pursuance of this section shall be evidence thereof. Every defendant who shall be duly summoned shall be held to appear and answer either in writing or orally in open court on return day of the summons or if such summons shall be served less than one day prior to the return day then on the following day. Every defendant who shall be notified by publication as herein provided shall be held to appear and answer either in writing or orally in open court within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of an answer at the time or times herein specified or at such further time as by order of court may be granted to a defendant, the petition may be taken as confessed.

      If the person having the custody or control of the child shall fail without reasonable cause to bring the child into court, he may be proceeded against as in case of contempt of court.

shall fail without reasonable cause to bring the child into court, he may be proceeded against as in case of contempt of court. In case the summons shall be returned and not served upon the person having the custody or control of such child or such person fails to obey the same and in any case when it shall be made to appear to the Court by affidavit, which may be on information and belief that such summons will be ineffectual to secure the presence of the child, a warrant may be issued on the order of the court either against the parents or either of them, or guardian, or the person having the custody or control of the child or with whom the child may be or against the child itself to bring such person into court. On default of the custodian of the child or on his appearance or answer, or on the appearance in person of the child in court with or without the summons or other process and on the answer, default or appearance or written consent to the proceedings of the other defendants thereto, or as soon thereafter as may be, the Court shall proceed to hear evidence. The Court may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child. At any time after the filing of the petition and pending the final disposition of the case, the Court may continue the hearing from time to time and may allow such child to remain in the possession of his custodian or in its own home subject to the friendly visitation of a Probation Officer, or it may order such child to be placed in the custody of a Probation Officer of the court, or of any suitable person appointed by the Court, or to be kept in some suitable place provided by the city or county authorities.

      Sec. 6.  Probation Officers.  The District Courts in this State shall have authority to appoint any number of discreet persons of good moral character to serve as Probation Officers during the pleasure of the Court; said Probation Officers to receive no compensation from the county treasury except as herein provided. It shall be the duty of the Clerk of the Court, if practicable, to notify the said Probation Officer when any child is to be brought before the Court; it shall be the duty of such Probation Officer to make investigation of such case; to be present in court to represent the interests of the child when the case is heard; to furnish to such Court such information and assistance as the Court or Judge may require, and to take charge of any child before and after the trial as may be directed by the Court. The number of Probation Officers to receive compensation from the county, named and designated by the District Court, shall be as follows:

      In all counties in this State the District Judge may appoint one Probation Officer, whenever in the opinion of the District Judge, the District Superintendent of Schools, in which district said county may be located, or be a part thereof, and a majority of the Board of County Commissioners of said county shall deem such appointment necessary to care for the dependent and delinquent children of the county; provided, such Probation Officer can be removed from office at any time by the said District Judge.

Contempt, when.

Probation Officers.

How appointed.

Salary.

Board to approve appointments.

Probation Officers may have police powers.

Provisions regarding salaries.

county shall deem such appointment necessary to care for the dependent and delinquent children of the county; provided, such Probation Officer can be removed from office at any time by the said District Judge. The salary of said Probation Officer shall not exceed the sum of eighteen hundred dollars a year, and the expenses of such Probation Officer for probation work shall not exceed the sum of seven hundred and fifty dollars per year; provided, that the said Probation Officer can be appointed for any portion or part of a year as the said District Judge may determine, and can be paid for the time and period said Probation Officer serves under such appointment. The salary and expenses of the Probation Officer shall be paid out of the county funds in the county treasury in monthly installments.

      Any District Judge appointing such Probation Officer to receive a salary or other compensation from the county provided for under this Act, shall transmit such appointment to the District Superintendent of Schools of the district of which the county in which said appointment is made is a part, the State Superintendent of Public Instruction, and the Governor of this State, who shall constitute a board to investigate the competency of such person so appointed to act as a Probation Officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after submission thereof by the said District Court, and a failure to act thereon within such time shall constitute an approval of such appointment; if a majority of such board are of the opinion that such appointee does not possess the qualifications for a Probation Officer, they shall notify the Court of their conclusions within thirty days of the submission of such appointment to the respective members thereof, whereupon it shall be the duty of the District Judge to withdraw such appointment and appoint some one who shall receive the approval of said board.

      Probation Officers receiving a salary or other compensation from the county, provided for by this Act, are hereby vested with all the power and authority of police or Sheriffs to make arrests and perform any other duties ordinarily required by policemen and Sheriffs which may be incident to their office or necessary or convenient to the performance of their duties; provided, that other Probation Officers may be vested with like power and authority upon a written certificate from the District Judge that they are persons of discretion and good character, and that it is the desire of the Court to vest them with all the power and authority conferred by law upon Probation Officers receiving compensation from the county.

      Salaries or compensation of paid Probation Officers permitted by this Act shall be fixed by the District Judge, not to exceed the sums herein mentioned, and any bills for expenses, not exceeding the sums herein provided for, shall be certified to by the District Judge as being necessary in and about the performance of the duties of Probation Officer or officers.

and about the performance of the duties of Probation Officer or officers. The appointment of Probation Officers and the approval thereof as to the qualifications of such officers by the board herein designated, shall be filed in the office of the Clerk of the Court. Probation Officers shall take an oath such as may be required of other county officers to perform their duties and file it in the office of Clerk of the District Court.

      Nothing herein contained, however, shall be held to limit or abridge the power of the District Judge to appoint any number of persons as Probation Officers, whom said Judge may see fit and who may be willing to serve without pay from the county for such services as Probation Officers.

      Sec. 7.  Dependent and Neglected Children.  If the Court shall find any male child under the age of seventeen years (17) or any female child under the age of eighteen years (18) to be dependent or neglected within the meaning of this Act, the Court may allow such child to remain at its home subject to the friendly visitation of a Probation Officer, or to report to the Court or Probation Officer from its home or school at such times as the Court may require. And if parent, parents, guardian or custodian consent thereto, or if the Court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate, correct or discipline such child and that it is for the interest of such child and of the people of this State that such child be taken from the custody of its parents, custodian or guardian, the Court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character, and order such guardian to place such child in some suitable family home or other suitable place, which such guardian may provide for such child, or the Court may enter or order committing such child to some suitable State institution, of this or any other State organized for the care of dependent or neglected children, or to some training school or industrial school or childrens’ home-finding society of this or any other State or to some association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been accredited as hereinafter provided.

      Sec. 8.  Guardianship.  In every case where such child is committed to an institution, or association, the Court shall appoint the president, secretary, or superintendent of such institution or association, guardian over the person of such child and shall order such guardian to place such child in such institution or with such association, whereof he is such officer, and to hold such child, care for, train and educate it subject to the rules and laws that may be in force from time to time governing such institution or association.

      Sec. 9.  Delinquent Children.  If the Court shall find any male child under the age of seventeen years or any female child under the age of eighteen years to be delinquent within the meaning of this Act, the Court may allow such child to remain at its own home subject to the friendly visitation of a Probation Officer, such child to report to the Court or Probation Officer with such record of its conduct in its home or school as the Court may require as often as may be required, and if the parents, parent, guardian or custodian consent thereto, or if the Court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child and shall further find that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child and shall further find that ie is for the interest of such child and of the people of this Stat, that such child be taken from the custody of its parents, parentt custodian or guardian, the Court may appoint some proper person or Probation Officer guardian over the person of such child and permit it to remain at its home, or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the Court may commit such child to any institution incorporated under the laws of this or any other State to care for delinquent children, or to any institution that has been or may be provided by the State, county, city, town or village suitable for the care of delinquent children, including a detention home or school, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinafter provided.

Further appointments, when.

Dependent and neglected children.

Guardianship.

Delinquent children.

Guardian appointed, when.

Child may be tried, when.

Child sent to hospital, when.

male child under the age of seventeen years or any female child under the age of eighteen years to be delinquent within the meaning of this Act, the Court may allow such child to remain at its own home subject to the friendly visitation of a Probation Officer, such child to report to the Court or Probation Officer with such record of its conduct in its home or school as the Court may require as often as may be required, and if the parents, parent, guardian or custodian consent thereto, or if the Court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child and shall further find that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child and shall further find that ie is for the interest of such child and of the people of this Stat, that such child be taken from the custody of its parents, parentt custodian or guardian, the Court may appoint some proper person or Probation Officer guardian over the person of such child and permit it to remain at its home, or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the Court may commit such child to any institution incorporated under the laws of this or any other State to care for delinquent children, or to any institution that has been or may be provided by the State, county, city, town or village suitable for the care of delinquent children, including a detention home or school, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinafter provided. In every case where such child is committed to an institution or association, the Court shall appoint the president, secretary or superintendent of such institution or association, guardian over the person of such child and shall order such guardian to place such child in such institution or with such association, whereof he is such officer, and to hold such child, care for, train and educate it subject to the rules and laws that may be in force, from time to time governing such institution or association.

      Sec. 10.  The Court may in its discretion in any case of a delinquent child permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crimes or violation of city, village, or town ordinances; in such case the petition filed under this Act shall be dismissed.

      Sec. 11.  The Court may when the health or condition of any child found to be dependent, neglected or delinquent requires it, order the guardian to cause such child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution, which will receive it for like purposes, without charge to the public authorities.

placed in a public hospital or institution for treatment or special care, or in a private hospital or institution, which will receive it for like purposes, without charge to the public authorities.

      Sec. 12.  Any child found to be dependent, neglected or delinquent as defined in this Act, and awarded by the Court to a guardian, institution or association, shall be held by such guardian, institution or association, as the case may be, by virtue of the order entered of record in such case, and the Clerk of the Court shall issue and cause to be delivered to such guardian or association a certified copy of such order of the Court, which certified copy of such order shall be proof of the authority of such guardian, institution or association in behalf of such child, and no other process need issue to warrant the keeping of such child. The guardianship under this Act shall continue until the Court shall by further order otherwise direct, but not after such child shall have reached the age of twenty-one (21) years.

      Sec. 13.  The Court may, from time to time, cite into court the guardian, institution or association to whose care any dependent, neglected or delinquent child has been awarded, and require him or it to make a full, true and perfect report as to his or its doings in behalf of such child; and it shall be the duty of such guardian, institution or association, within ten days after such citation, to make such report either in writing verified by affidavit, or verbally under oath in open court, or otherwise as the Court shall direct, and upon the hearing of such report, with or without further evidence, the Court may, if it sees fit, remove such guardian and appoint another in his stead, or take such child away from such institution or association and place it in another, or restore such child to the custody of its parents or former guardian or custodian.

      Sec. 14.  Transfers from Justice and Police Magistrates.  When in any county where a court is held as provided in Section 2 of this Act, a male child under the age of seventeen years or a female child under the age of eighteen years is arrested with or without warrant such child may, instead of being taken before a Justice of the Peace or police magistrate, be taken directly before such Court; or if the child is taken before a Justice of the Peace or police magistrate, such Justice or magistrate shall inquire into such case, and unless he be of the opinion that no sufficient foundation exists for the charge of dependency or delinquency, it shall be the duty of such Justice of the Peace or police magistrate to transfer the case to the District Court, and the officer having the child in charge to take the child before such Court, and in any case the District Court may proceed to hear and dispose of the case in the same manner as if the child had been brought before the Court upon petition as herein provided. In any case, the Court shall require notice to be given and investigation to be made as in other cases under this Act, and may adjourn the hearing from time to time for that purpose.

Guardianship, how perfected.

Guardian to report to Judge.

Transferred to District Courts.

Children under 12 not sent to jail.

House for juvenile offenders in certain counties.

Child may give bonds.

Agents of juvenile reformatories.

case, the Court shall require notice to be given and investigation to be made as in other cases under this Act, and may adjourn the hearing from time to time for that purpose.

      Sec. 15.  Children Under Twelve Years Not To Be Committed to Jail.  No court or magistrate shall commit a child under twelve (12) years of age to a jail or police station, but if such child is unable to give bail it may be committed to the care of the Sheriff, police officer or Probation Officer who shall keep such child in some suitable place provided by the city or county outside of the enclosure of any jail or police station. When any child shall be sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child in the same building with such adult convicts, or to confine such child in the same yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present.

      In counties of over fifteen thousand population it shall be the duty of the proper authorities to provide and maintain at public expense a house separated and removed from any jail or lockup, to be in charge of a matron or other person of good moral character, wherein all children within the provisions of this Act shall, when necessary before or after trial, be detained either for securing the attendance of such child at any hearing or trial of any cause, or for such disciplinary purposes as may seem necessary to the Court for the best interests of said child and of the State.

      Any child within the provisions of this Act, informed against or regarding which a petition has been filed, or for any purpose taken into custody, shall, at any time before it is tried and adjudged to be delinquent, be entitled, by any friend or parent offering sufficient surety, to give bond or other security for its appearance at any hearing or trial of such case as such right is given to persons informed against for crime; and the Court may in any case, upon the request of said child or parent representing it, appoint counsel to appear and defend on behalf of any such child, such counsel to receive no pay from the county.

      Sec. 16.  Agents of Juvenile Reformatories.  It shall be the duty of the board of managers, trustees or such authorities as may be vested by law with the control or management of any State institution now or hereafter established to which juvenile delinquents may be committed by the courts of this State, to maintain an agent of such institution, whose duty it shall be to examine the homes of children paroled from such institution, for the purpose of ascertaining and reporting to said institutions where they have suitable homes; to assist children paroled or discharged from such institutions in finding employment and to maintain a friendly supervision over paroled inmates during the continuance of their parole; such agent shall hold office subject to the pleasure of the board or other authority having charge of said institution, making the appointment, and shall receive such compensation as such board or authorities controlling such institution may determine out of any funds appropriated for such institution which may be applicable thereto.

the board or other authority having charge of said institution, making the appointment, and shall receive such compensation as such board or authorities controlling such institution may determine out of any funds appropriated for such institution which may be applicable thereto.

      Sec. 17.  Incorporation of Association.  No association whose objects embrace the caring for dependent, neglected or delinquent children shall hereafter be incorporated in this State.

      Sec. 18.  The State of Nevada shall be chargeable with and defray all expenses incurred for the support, maintenance, education, care, custody and control of each and every child after its commitment under the terms and provisions of this Act.

      Sec. 19.  Order Relating to Adoption.  Whenever the petition filed, as is provided in Section 4 hereof, or a supplemental petition filed at any time after the appointment of the guardian, shall pray that the guardian appointed or to be appointed shall be authorized to consent to the legal adoption of the child, and the Court upon the hearing shall find that it is to the best interests of such child that the guardian be given such authority, the Court may, in its order appointing such guardian, empower him to appear in court where any proceedings for the adoption of such child may be pending, and to consent to such adoption; and such consent shall be sufficient to authorize the Court where the adoption proceedings are pending to enter a proper order or decree of adoption without further notice to or consent by the parents or relatives of such child; provided, however, that before entering such order the Court shall find from the evidence that (1) the parents or surviving parent of a legitimate child or the mother of an illegitimate child, or if the child has no parents living, the guardian of the child, if any, or if there is no parent living and the child has no guardian or the guardian is not known to petitioner, then a known, near relative of the child, if any there be, consents to such order; or (2) that one parent consents and the other is unfit for any of the reasons hereinafter specified to have the child, or that both parents are or that the surviving parent or the mother of an illegitimate child is so unfit for such reasons-the grounds of unfitness being (a) depravity, (b) open and notorious adultery or fornication, (c) habitual drunkenness for the space of one year prior to the filing of petition, (d) extreme and repeated cruelty to the child, (e) abandonment of the child or (f) desertion of the child for more than six (6) months next preceding the filing of the petition, and (3) that such child, if of the age of fourteen years or over, consents to such order.

      Sec. 20.  Foreign Corporations.  No association which is incorporated under the laws of any other State than the State of Nevada shall place any child in any family home within the boundaries of the State of Nevada either with or without indenture or for adoption, unless the said association shall have furnished the Attorney-General with such guaranty as he may require that no child shall be brought into the State of Nevada by such society or its agents, having any contagious, or incurable disease, or having any deformity or being feeble minded, or of vicious character, and that said association shall promptly receive and remove from the State any child brought into the State of Nevada by its agent, which shall become a public charge within the period of five (5) years after being brought into the State.

Incorporation of association.

State to defray expenses.

Relating to adoption.

Proviso.

Regulating certain foreign corporations

Penalties.

Religious preference.

Officers of courts.

Construction of this Act.

out indenture or for adoption, unless the said association shall have furnished the Attorney-General with such guaranty as he may require that no child shall be brought into the State of Nevada by such society or its agents, having any contagious, or incurable disease, or having any deformity or being feeble minded, or of vicious character, and that said association shall promptly receive and remove from the State any child brought into the State of Nevada by its agent, which shall become a public charge within the period of five (5) years after being brought into the State. Any person who shall receive, to be placed in a home, or shall place in a home, any child in behalf of any association incorporated in any other State than the State of Nevada, which shall not have complied with the provisions of this Act, shall be imprisoned in the county jail not more than thirty days, or fined no less than $5 or more than one hundred ($100) dollars, or both, in the discretion of the Court.

      Sec. 21.  Religious Preference.  The Court in committing children shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of the said child, or with some association or institution which is controlled by persons of like religious faith of the parents of said child.

      Sec. 22.  Officers of Courts.  It shall be unlawful for any court clerk or other person to tax or collect, or for any county to pay any fees whatever which may be permitted by any law to be taxed or collected for the benefit of any court officer or person for any case concerning any child coming within the provisions of this Act for violating any law of this State unless such child shall be proceeded against under the provisions and in accordance with the purpose of this Act, except in capital cases or where the courts shall direct a proceeding under the criminal code, as provided in Section 10 of this Act, or where a case has been instituted before a Justice of the Peace or police magistrate, who shall duly comply with the terms of Section 14 of this Act.

      Sec. 23.  Construction of Act.  This Act shall be liberally construed to the end that its purpose may be carried out, to wit, that the care, custody and discipline of the child shall approximate as nearly as may be that which should be given by its parents, and in all cases of dependency where it can be properly done, that the child shall be placed in an approved family home, and become a member of a home and family by legal adoption or otherwise, and in cases of delinquency, that, as far as possible, or practicable, any delinquent child shall be treated, not as a criminal, but as misdirected and misguided and needing aid, encouragement and assistance, and if such child cannot be handled, properly cared for, and corrected in its own home, or with the assistance and help of the Probation Officers, then that it may be placed in a suitable institution where it may be helped and educated and equipped for industrial efficiency and useful citizenship.

tution where it may be helped and educated and equipped for industrial efficiency and useful citizenship.

      Sec. 24.  Support of Children.  If it shall appear, upon the hearing of the cause, that the parent, parents, or any person or persons named in such petition who are in law liable for the support of such child, are able to contribute to the support of such child, the Court shall enter an order requiring such parent, parents or other persons to pay to the guardian so appointed, or to the institution to which such child may be committed, or to the State, a reasonable sum from time to time for the support, maintenance or education of such child, and the Court may order such parent, parents or other persons to give reasonable security for the payment of such sum or sums, and, upon failure to pay, the Court may enforce obedience to such order as for contempt of court. The Court may, on application and on such notice as the Court may direct from time to time, make such alterations in the allowance as may appear reasonable and proper.

      Sec. 25.  Guardianship of Person.  Nothing in this Act shall be construed to give the guardian appointed under this Act the guardianship of the estate of the child or to change the age of minority for any other purpose except the custody of the child.

      Sec. 26.  Appeals.  Cases under this Act may be reviewed by appeal to the Supreme Court.

      Sec. 27.  Contempt of Court.  Any person who shall interfere with the direction or disposition of any child under any order of the Court concerning any child made in pursuance of the provisions of this Act, or with any Probation or other officer of the court in carrying out the directions of the Court under any such order, shall be held to be in contempt of court and subject to punishment as for contempt of court.

      Sec. 28.  Validity of Acts.  The invalidity of any portion of this Act shall not affect the validity of any other portion thereof which can be given effect without such invalid part.

Support of children.

Guardianship of person.

Appeals.

Contempt of court.

Validity of Acts.

Chap. CLXXXI.–An Act permitting the establishment of County High Schools in the various counties of this State, and providing for the construction, maintenance, management and supervision of the same, to repeal all Acts and parts of Acts in conflict herewith, and matters properly connected therewith.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  There may be established in any county in this State a high school; provided, that at any general or special election held in said county after the passage of this Act, a majority of all the votes cast at such election, upon the proposition to establish a high school shall be in favor of establishing and maintaining such high school at the expense of said county.

County High Schools established by popular vote.

County Commissioners to submit question to voters.

Ballots.

Location of said school, how determined.

special election held in said county after the passage of this Act, a majority of all the votes cast at such election, upon the proposition to establish a high school shall be in favor of establishing and maintaining such high school at the expense of said county.

      Sec. 2.  The Board of County Commissioners at any general election to be held in any county after the passage of this Act, upon the presentation of a petition signed by fifty or more qualified electors, taxpayers of said county, at any regular meeting of said Board held not less than eight weeks before any general or special election, must make an order submitting the question of establishing, constructing, and maintaining a county high school to the qualified electors thereof. The Board of County Commissioners, upon the presentation of said petition, may order a special election for said purpose. Said election shall be conducted in the manner prescribed by law for conducting elections, and the ballots at such election shall have printed thereon the words “For a County High School” and the words “Against a County High School.” The votes cast for and against such county high school at any election therefor, shall be counted and the returns thereof made and canvassed in the manner provided for by law for counting, making returns, and canvassing the votes of a general election; provided, that the election officers appointed to conduct any special election held in accordanee with this Act, as required by law, shall perform all services required of them by law in holding and conducting such elections, without any fees or pay therefor.

      Sec. 3.  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 where the said Board shall deem most suitable and convenient for the purpose. If, within sixty days 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 special elections have been called by the Board of County Commisioners of any county of this State previous 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 praying for said special election in said county, and thereupon the said Board may revoke the order calling said special election and in such case no special election shall be held.

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

      At any general election at which the location of any county high school is submitted to the voters of the county, the form of the ballot shall be:

      Shall the County High School be located at ...............?

      In other respects the provisions of the general election law shall be followed. If at any such election a majority of all voters who shall vote on the question of such location shall vote in favor of locating the county high school at the place designated in the petition, it shall be the duty of the Board of County Commissioners to cause the high school to be located at such place, not later than the first day of the next following September. While a vote on the question of changing the location of any county high school is pending, no contract for the purchase of grounds or for the erection of a building shall be made. When the location of the county high school has been finally determined, the Board of County Commissioners shall estimate the cost of purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and the cost of running said school for the following twelve months; provided, that the estimate mentioned herein for purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same and fencing and ornamenting the grounds shall not be made, if previous to the time when the Commissioners are to make such estimate the Legislature shall have authorized said county to issue bonds for such purpose.

      Sec. 4.  When such estimate shall have been made, the Board of County Commissioners shall thereupon immediately proceed to levy a special tax upon all the assessable property of the county sufficient to raise the amount estimated. Said tax shall be computed, entered on the tax roll and collected in the same manner as other taxes are computed, entered and collected, and the amount so collected shall be deposited in the county treasury and be known and designated as the “County High School Fund,” and shall be drawn from the treasury in the manner now provided by law for drawing money from the treasury by School Trustees; provided, however, that the tax levy for purchasing suitable grounds, procuring plans and specifications, erecting a building and furnishing the same, fencing and ornamenting the grounds, may be deferred as long as a sufficient number of suitable rooms in a public school building can be secured for the purposes of such county high school at a reasonable rental.

Form of ballot.

Proviso.

Tax levy.

County High School Fund.

County Board of Education.

County Board of Education, elected.

Duties of said Board.

Tax levy.

suitable rooms in a public school building can be secured for the purposes of such county high school at a reasonable rental. In case such levy be deferred until after the election of a County Board of Education, the levy shall be made by the Board of County Commissioners whenever so ordered by the County Board of Education, and the Board of Education shall be charged with the duty of purchasing grounds and erecting and furnishing such school building.

      Sec. 5.  The Board of County Commissioners shall act as a County Board of Education in the performance of the duties hereinbefore mentioned and shall continue to perform the duties of the County Board of Education until a County Board of Education shall have been elected and qualified as hereinafter provided, and at such time the Board of County Commissioners shall transfer all property and control of said school to the County Board of Education, who shall hold the same in trust for the county.

      Sec. 6.  At the next general election after it shall have been decided to establish a county high school there shall be elected a County Board of Education, to consist of three members, two of whom shall serve two years, and the other four years, and thereafter at each regular biennial election there shall be elected two members of said Board, one of whom shall serve for two years and the other for four years. Each person elected as herein provided shall enter upon the duties of his office on the first Monday in January next following his election, and shall hold office until his successor is elected and qualified. If at any time a vacancy shall occur on said Board, it shall be the duty of the Superintendent of Public Instruction to appoint a member for the unexpired term.

      Sec. 7.  It shall be the duty of the County Board of Education to furnish, annually, an estimate of the amount of money needed to pay all the necessary expenses of running said school; to enforce the uniform high-school course of study adopted by the State Board of Education; to employ teachers holding Nevada State certificates of the high-school grade in full force and effect; to hire janitors and other employees, and discharge such employees when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of the school.

      Sec. 8.  It shall be the duty of the Board of County Commissioners to include in their annual tax levy the amount estimated by the County Board of Education as needed to pay the expenses of conducting the county school; and such amount, when collected and paid into the county treasury, shall be known as the “County High School Fund,” and may be drawn therefrom for the purpose of defraying the expenses of conducting said county high school, in the manner now provided by law for drawing money from the county treasury by School Trustees.

      Sec. 9.  All county high schools shall be open for the admission of graduates holding diplomas from the eighth grade of the elementary schools of the State; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the State Board of Education; and to such other pupils as shall pass the examination for admission to the county high school, which examination shall be conducted under the direction and authority of the State Board of Education.

sion of graduates holding diplomas from the eighth grade of the elementary schools of the State; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the State Board of Education; and to such other pupils as shall pass the examination for admission to the county high school, which examination shall be conducted under the direction and authority of the State Board of Education.

      Sec. 10.  Nothing in this Act shall be construed so as to prevent the principal of the county high school from acting as principal of the grammar school of the district in which the county high school is located if so desired by the Trustees of said School District and the County Board of Education.

      Sec. 11.  The county high school shall be under the same general supervision and shall be subject to the same laws, rules and regulations governing the other schools of the State school system.

      Sec. 12.  The County Board of Education is hereby empowered to provide for the rental, purchase, or erection of a suitable dormitory or dormitories and dining hall for high-school students, and to provide for the support, maintenance and management of the same. The said dormitory or dormitories shall be considered part of the regular high-school equipment and organization.

      Sec. 13.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

What pupils eligible.

Principal may supervise other schools.

Under general laws.

Dormitories and dining hall.

Repeal.

Chap. CLXXXII.–An Act providing for the transfer of county and township funds for the support of public schools.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The several Boards of County Commissioners in each and every county in the State of Nevada may, by resolution adopted at any general or special meeting of each or any of said Boards, direct or transfer from any county fund or funds to the school fund of any School District in said county such additional sums of money now provided by law as may be deemed necessary for the support of the public schools in said district; provided, that such transfer may be made only when the fund drawn from shall still continue to be ample for the purposes for which it was created; and provided further, that all additional funds so required for school purposes may be furnished by special tax as now provided by law; provided, however, that this Act shall apply only to counties which polled 571 votes for Congressman at the general election of 1908, and which had on the assessment roll of 1908 $1,794,521 in taxable property.

County Commissioners may transfer moneys to school funds.

Provisos.

Repeal.

election of 1908, and which had on the assessment roll of 1908 $1,794,521 in taxable property.

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

New machinery for State Printing Office.

Appropriation.

Traveling expenses.

Duties of Controller and Treasurer.

Chap. CLXXXIII.–An Act authorizing the Superintendent of State Printing to purchase and install a typesetting machine, a power perforating machine, and additional binding machinery in the Nevada State Printing Office, and such other material as may be necessary, and making appropriations for all expenses connected therewith.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The Superintendent of State Printing is hereby empowered to purchase and install a typesetting machine, additional bindery machinery, and such other material as the needs of the work performed in the Nevada State Printing Office may require.

      Sec. 2.  For the purpose of carrying out the provisions of this Act the sum of seven thousand dollars ($7,000) is hereby appropriated out of any moneys in the General Fund of the State Treasury not otherwise appropriated.

      Sec. 3.  The additional sum of one hundred dollars ($100) is hereby appropriated for the purpose of defraying the traveling and other actual expenses of the Superintendent of State Printing when inspecting and purchasing the above machinery.

      Sec. 4.  The State Controller is hereby authorized to draw his warrants to the amounts named, and the State Treasurer is hereby authorized to pay the same.

Appropriation for machinery at State Prison.

Chap. CLXXXIV.–An Act making an appropriation for the installation of machinery and other appliances at the Nevada State Prison.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated, out of any moneys in the General Fund in the State Treasury not otherwise appropriated, the sum of fifty thousand dollars, to be expended under the direction of the Board of State Prison Commissioners for the purpose of investigating, preparing plans and installing machinery and other appliances in the State Prison as said Board shall deem, after investigation, for the best interest of said Prison.

Chap. CLXXXV.–An Act to amend an Act entitled “An Act to prevent the pollution or contamination of the water of the lakes, rivers, streams and ditches in the State of Nevada, prescribing penalties, and making an appropriation to carry out the provisions of this Act,” approved March 20, 1903, approved March 12, 1907.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  Section 2 of said Act is hereby amended to read as follows:

      Section 2.  For the purposes of this Act the word “ditch” shall be construed to mean any ditch, canal, channel or artificial water way, used for carrying or conveying water into any reservoir from which it may be used or distributed or any distributing ditch, canal, channel, or artificial water way carrying or conveying water for domestic or irrigation purposes, to any persons or premises in this State, or to any persons or premises in any county, city, town or municipality in this State.

“Ditch” construed.

Chap. CLXXXVI–An Act appropriating fifty dollars out of the Legislative Fund of the Twenty-fourth Session of the Nevada Legislature, to be paid to M. Farrell, Porter of the Assembly, and Clarence Sadler, Porter of the Senate, for cleaning and putting in order the Legislative Chambers after adjournment of said Twenty-fourth Session.

[Approved March 24, 1909.]

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

Assembly, do enact as follows:

      Section 1.  The sum of fifty dollars is hereby appropriated out of the Legislative Fund of the Twenty-fourth Session of the Nevada Legislature, of which twenty-five dollars is to be paid to M. Farrell, Porter of the Assembly, and twenty-five dollars to be paid to Clarence Sadler, Porter of the Senate, for cleaning and putting in order the Legislative Chambers after adjournment of said Twenty-fourth Session.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the persons above named for the amount specified in this Act, only upon the certificate of the Secretary of State that the Legislative Chambers have been cleaned and put in order, and the State Treasurer is hereby directed to pay the same.

Appropriation for cleaning Legislative Chambers.

Duties of Controller and Treasurer.

Franchise for railroad in White Pine and Nye Counties.

Term, 50 years,