to be voted at said special election, there shall be printed upon the ballot the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at said special election, and the words “For Recall” and “Against Recall” shall be omitted; in other respects the ballot shall conform with the requirements of the general election laws of the State of Nevada.

      Sec. 6.  If there be other candidates nominated to be voted for at the special election, the candidate who shall receive the highest number of votes at said special election, shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another.

      Sec. 7.  If any officer be recalled upon such special election, and other candidates are not nominated to be voted for at such special election, the vacancy thereby created shall be filled in the manner provided by law.

      Sec. 8.  No petition for the recall of any public officer shall be circulated or filed against any such officer until he has actually held his office six months, save and except, that it may be filed against a senator or assemblyman in the legislature at any time after ten days from the beginning of the first session after his election; after one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless said further petitioners shall pay into the public treasury, from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election.

      Sec. 9.  Other candidates for the office may be nominated to be voted for at said special election by petition, which said petition shall be signed by the qualified electors of the state, or in the county, district or municipality holding such election, equal in number to twenty-five per cent of the number of votes cast for the justice of the supreme court in the state, or in the county, district or municipality holding such election at the last preceding general election; provided, however, that no elector shall be qualified to sign any such nominating petition who shall have signed any petition for the recall of such officer for said special election.

      Sec. 10.  Said nominating petition shall be filed with the officer with whom the said recall petition is filed, at least fifteen days prior to date of said special election.

      Sec. 11.  The general election laws of this state, so far as applicable, shall apply to all elections held under this act.

When other candidates

Election laws to govern

Candidate receiving highest vote elected for remainder of term

Vacancy occasioned by recall filled regularly

No recall until officer has served at least six months; exception as to state senators and assemblymen

Opposing candidates nominated by petition

No recall signer can sign nominating petition

Petition filed 15 days before election

General election laws to apply

Certain public moneys dedicated exclusively to support of university

Board of regents sole trustees of said funds

Board of examiners to pass on all claims

State controller to report in detail to regents

Chap. 259–An Act setting aside and appropriating certain moneys for the maintenance and support of the University of Nevada, and defining the powers and duties of the board of regents, and of the state controller in relation thereto.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  The interest derived from the investment of all moneys arising from the sale of the 90,000 acres of land granted to the State of Nevada by act of congress approved July 2, 1862; the interest derived from the investment of all moneys arising from the sale of the seventy-two sections of land granted to the State of Nevada by act of congress approved July 4, 1866, for the establishment and maintenance of a university; all money paid as interest on deferred installments on purchase of lands named in this act which may be sold under contract as provided in section 9 of an act entitled “An act to provide for the selection and sale of lands,” etc., approved March 4, 1871; and all money arising from the ad valorem tax on taxable property in the State of Nevada, including net proceeds of mines and mining claims, for university purposes, is hereby set aside and inviolably appropriated for the support and maintenance of the University of Nevada, and shall be paid out for the purposes designated in the acts creating the several funds without further appropriation.

      Sec. 2.  The board of regents of said university and agricultural and mechanical college, as provided in section 4 of article 11 of the constitution of Nevada, are the sole trustees to receive and disburse all funds of said university and agricultural and mechanical college for the purposes provided in section 1 of this act; provided, that all claims, before payment, of every name and nature involving the payment of money by or under the direction of the board of regents from the funds so set aside and appropriated, shall be passed upon by the board of examiners.

      Sec. 3.  It shall be the duty of the state controller to report to the board of regents of said university and agricultural and mechanical college, on or before the last day of each and every month, the detail of all income received for university purposes from whatsoever source.

Chap. 260–An Act compelling attendance of children at schools where tuition, lodging, food and clothing are furnished at the expense of the United States.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  That whenever the government of the United States, erects, or causes to be erected and maintained, a school for general educational purposes, within the State of Nevada, and the expense of the tuition, lodging, food and clothing of the pupils therein is borne by the United States, it shall be compulsory on the part of every parent, guardian, or other person in the State of Nevada, having control of a child or children between the ages of eight and eighteen years, eligible to attend said school, to send such child or children to said school for a period of nine months in each year, or during the entire annual term; provided, that in case the government of the United States does not make provision for the free transportation of said child from their homes to said school, then he, she, or they shall not be liable to the provisions of this act, unless they reside less than ten miles from such school.

      Sec. 2.  It shall be the duty of all principals or superintendents of the school or schools mentioned in this act, before attempting to enforce the provisions of this act, hereinafter mentioned, to serve, or cause to be served, a demand for the attendance of certain children, naming or otherwise identifying them, and also designating the school to which their attendance is required, upon the parent, guardian or other person having charge of said child or children as may be eligible to attend said school over which he has charge, and a copy of this act; and such parent, guardian or other person having charge of said child or children shall have ten days to either deliver said child or children at said school, or to the accredited representative of said school if more than ten miles distant from the residence of said child or children, or to furnish satisfactory proof that the bodily or mental condition of such child or children is such as to prevent his attendance or cause him or them to be ineligible for enrollment.

      Sec. 3.  If, at the expiration of ten days after such notice or demand, the parents, guardian, or other person having charge of said child or children shall have failed or refused to comply with this act, the principal or superintendent shall cause a demand to be made upon such parent, guardian, or other person for the amount of the penalty hereinafter provided; and if such parent, guardian, or other person shall neglect or refuse to pay the same within five days after making such demand, the superintendent or principal shall commence proceedings in the name of the state for the recovery of the fine hereinafter provided before any court having jurisdiction.

Compelling attendance of pupils on government schools

Exception

Principals or superintendents of said schools to give personal notice to parents or guardians

Said officers to bring suit for collection of fine

Fine or imprisonment, when

Fines go to county school fund

Peace officers to assist in enforcement

Punishment for intimidation of guardian

Proviso

Jurisdiction

Repeal

      Sec. 4.  Any parent or guardian, or other person having control or charge of any child or children, failing to comply with the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not less than ten dollars ($10) nor more than twenty-five dollars ($25) or imprisonment in the county jail not less than two days nor more than twenty-five days for the first offense; and for each subsequent offense said parent, guardian or other person shall be liable to a fine of not less than twenty-five dollars ($25) or more than fifty dollars ($50), or to imprisonment in the county jail not less than twenty-five days or more than fifty days; provided, also, that to all fines imposed shall be added the cost of collection; provided, further, that proceedings may be begun at the expiration of three days de novo after each refusal of said parent, guardian or other person to comply with the demand of said principal or superintendent.

      Sec. 5.  All fines collected under the provisions of this act shall be paid into the county treasury, the same to be placed to the credit of the general school fund.

      Sec. 6.  It shall be the duty of sheriffs, constables, policemen, town and city marshals in the state to take cognizance of this act and assist principals and superintendents of schools in carrying out its provisions.

      Sec. 7.  Any person or persons who shall directly or indirectly persuade, advise, or intimidate in any manner the parent or guardian of any child or children coming under the provisions of this act, from complying with the demand of a principal or superintendent of a school who is endeavoring to carry out the provisions of this act shall be guilty of the same offense and shall be subject to the same fines and punishment as the parent or guardian; provided, that this section shall not apply to the attorney or legal adviser of any parent or guardian in giving advice in his legal capacity.

      Sec. 8.  The court of any justice of the peace within the county where the child or children live, may constitute a court of jurisdiction.

      Sec. 9.  All acts and parts of acts in conflict with this act are hereby repealed.

Salaries of certain appointive state officers, taking effect in 1915

Chap. 261–An Act regulating the salaries of certain state officers of the State of Nevada.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.   From and after the first Monday of January, A. D. nineteen hundred and fifteen, the following annual salaries shall be paid to the various state officers of this state, at the time and in the manner prescribed by law:

      To the bank examiner, four thousand ($4,000) dollars; to the state engineer, thirty-six hundred ($3,600) dollars; to the chief engineer of the public service commission of Nevada, twenty-five hundred ($2,500) dollars; to the state license and bullion tax agent, twenty-five hundred ($2,500) dollars; to the warden of the Nevada state prison, three thousand ($3,000) dollars.

the state engineer, thirty-six hundred ($3,600) dollars; to the chief engineer of the public service commission of Nevada, twenty-five hundred ($2,500) dollars; to the state license and bullion tax agent, twenty-five hundred ($2,500) dollars; to the warden of the Nevada state prison, three thousand ($3,000) dollars.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

Repeal

Chap. 262–An Act to amend section one of an act entitled “An act to amend an act entitled ‘An act to prevent pollution or contamination of the waters 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,” and further approved March 12, 1907, approved March 24, 1909, and March 10, 1911.

[Approved March 26, 1913]

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 person or persons, firm, company, corporation or association in this state, or the managing agent of any person or persons, firm, company, corporation or association in this state, or any duly elected, appointed or lawfully created state officer of this state, or any duly elected, appointed or lawfully created officer of any county, city, town, municipality, or municipal government in this state, who shall deposit, or who shall permit or allow any person or persons in their employ or under their control, management or direction to deposit in any of the waters of the lakes, rivers, streams and ditches in this state any sawdust, rubbish, filth, or poisonous, or deleterious substance or substances, liable to affect the health of persons, fish, or live stock, or place or deposit any such deleterious substance or substances in any place where the same may be washed or infiltered into any of the waters herein named, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not less than fifty dollars, nor more than five hundred dollars, exclusive of court costs; provided, that in cases of state institutions, municipalities, towns, incorporated towns or cities, when, owing to the magnitude of the work, immediate correction of the evil is impracticable, then in such cases the authorities shall adopt all new work, and as rapidly as possible reconstruct the old system of drainage sewerage so as to conform with the provisions of this act; and provided further, that all such new reconstructed systems shall be completed before January 1, 1916; provided, that nothing in this act shall be so construed as to permit mining or milling companies to dump tailings directly into any stream in this state so as to prevent or impede the natural flow of such streams.

Prohibiting pollution of waters

Penalty

Provisos

Exception

nothing in this act shall be so construed as to permit mining or milling companies to dump tailings directly into any stream in this state so as to prevent or impede the natural flow of such streams. Nothing in this act shall be so construed as to apply to any quartz mill or ore reduction works in this state.

Applies to certain counties when roads are fenced

Duties of peace officers regarding live stock

Notice of impounding to be posted

Animals sold, when

Chap. 263–An Act to make unlawful the running at large of live stock upon the enclosed public roads or highways of certain counties, or the straying, feeding or picketing of live stock thereon; to provide for the disposal of such animals and for the punishment of violations of this act.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful for the owner, or any person having charge or control of any live stock of any kind, to permit or allow them to run at large, upon those public roads or highways of any county which at the last general election cast four hundred twenty-six (426) votes for representative in congress, or which at any general election hereafter, shall cast four hundred twenty-six (426) votes for representative in congress or to allow the straying, feeding or picketing of live stock thereon; provided, that such public roads or highways are enclosed on one or both sides by a fence of any kind or description.

      Sec. 2.  It shall be the duty of the sheriff or his deputies, or of any constable or police officer within his bailiwick, either upon his own initiative or upon the complaint of a private person, filed in a court of competent jurisdiction charging a misdemeanor as in this act provided, to seize and impound any and all animals running at large or straying, or feeding or being picketed, as in section 1 described, upon the above-described public roads or highways of said counties, and to immediately arrest the person charged with violating the provisions of this act.

      Sec. 3.  The impounding officer shall forthwith post notice in three public places in the county to the effect that he has impounded the animals, describing them, and that if they are not redeemed, by the payment of the cost of feeding and keeping, and a five-dollar fee for each of said animals within ten days, by someone with authority so to do, they will be sold at the end of that time to the highest bidder. If no redemption is made, at the time specified, the officer shall sell the animals to the highest bidder, and after deducting the costs of feeding and keeping, and a fee of five dollars for his services for each animal, shall pay the balance to the owner or owners of the animals.

      Sec. 4.  Any person violating the provisions of this act shall be guilty of a misdemeanor and be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than five days nor more than fifty days, or by both such fine and imprisonment.

Penalties for violation

Chap. 264–An Act requiring bonds for the protection of subcontractors, laborers and material men on public buildings and structures; providing for the filing of such bonds and the giving and effect of certified copies thereof; creating a penalty for failure to exact such bonds; relating to actions thereon, to procedure in such actions, and allowing an attorney’s fee to the prevailing party.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  That at the time of making any contract for the erection, construction, alteration or repair of any public building or structure, the contract price of which shall exceed the sum of five hundred ($500) dollars, the party letting the contract shall exact from the contractor, and the contractor shall give to such party a good and sufficient bond, in an amount equal to at least twenty-five (25) per cent of the contract price, with at least two sureties, who shall qualify, in the aggregate, in an amount double the penal sum of said bond, and shall qualify in the form provided for the qualification of sureties upon court bonds, which bond shall be conditioned that the contractor shall well and truly pay, or cause to be paid, all just debts contracted by him for labor performed upon and materials furnished for the work provided to be done by said contract.

      Sec. 2.  Said bond shall be filed and kept on file by the lawful custodian of said contract, and a copy of said bond, certified to be such by said lawful custodian, shall be prima facie proof of the contents and due execution of said bond.

      Sec. 3.  A bond given by any surety company, duly qualified to do business in the State of Nevada, shall be accepted as the equivalent of the bond required to be given by section 1 hereof.

      Sec. 4.  The custodian of said bond, shall, upon demand, furnish a duly certified copy of said bond to any applicant therefor, upon receiving a fee of fifty cents therefor.

      Sec. 5.  If the party letting such contract shall fail to exact and take the bond herein provided for, or shall knowingly accept insufficient sureties thereon, such party, and the individual officers and agents thereof, by whom such contract was authorized, shall be jointly and severally liable to all who have performed labor upon and to all who have furnished materials for the work provided to be done by such contract, to an amount not exceeding twenty-five (25) per cent of the contract price, but wherever the party itself shall pay, upon default of the contractor, any liability hereby created, it shall have a right of action, jointly and severally, against the individual officers and agents thereof, by which said contract was authorized, and against their bondsmen, if any, for any amount or amounts so paid.

Contractor for public building to give bond that all labor and material will be paid for by him

Bond to be filed

Surety company bond accepted

Duplicate, when

Party letting contract liable to certain amount

Bond, legal action upon

When bond is less than amount unpaid, procedure

Bond not invalid for defects in form, etc.

Subcontractor not denied legal remedies

have performed labor upon and to all who have furnished materials for the work provided to be done by such contract, to an amount not exceeding twenty-five (25) per cent of the contract price, but wherever the party itself shall pay, upon default of the contractor, any liability hereby created, it shall have a right of action, jointly and severally, against the individual officers and agents thereof, by which said contract was authorized, and against their bondsmen, if any, for any amount or amounts so paid.

      Sec. 6.  Any bond given hereunder shall be to the party letting said contract, and, upon default of the contractor, all who have performed labor upon, or furnished materials for, the work provided to be done by said contract, and their heirs, personal representatives, successors and assigns, shall have a right of action upon said bond, for the amount of their just debts for such labor and materials, and the court may allow a reasonable attorney’s fee to the prevailing party in such action or actions.

      Sec. 7.  When the unpaid demands for labor and materials are more than the amount of the bond the court may, in rendering judgement, pro rate the amount of the bond among the several claimants. To this end the district court may consolidate all actions brought upon any such bond, and, when it is made to appear to such court, by affidavit, or otherwise, that the total liability, including costs and attorney’s fees, on any such bond, will probably exceed the amount of said bond, the court may order that any action or actions pending in any justice’s court, upon such bond, shall be certified to it, and thereupon, each such justice shall certify to such district court, all the pleadings and files in any such action upon such bond, and such certified actions shall be consolidated with the actions brought in the district court, and tried therewith, and any judgment, in any such certified action, shall carry costs and attorney’s fees, irrespective of the amount in controversy.

      Sec. 8.  No bond given hereunder shall be invalid by reason of any defect of form, or of qualification of sureties, or for a failure of the sureties to qualify, and no such bond need be signed by the contractor.

      Sec. 9.  For all purposes of this act, and for the maintaining of any action or right thereunder, all who have performed labor for or furnished materials to any subcontractor shall be deemed to have performed such labor, and to have furnished such material at the instance and request of the original contractor. But nothing herein contained shall be construed to deny to a subcontractor the rights and remedies created by this act; and, for the purposes of this act and all the rights and remedies created hereby, a subcontractor shall be deemed to have performed labor or furnished material, and to be included within those entitled to all rights and remedies hereunder. Where, however, actions are brought by a subcontractor, and also by all or any of his immediate laborers or material men, any judgment allowed the subcontractor shall be the amount he would otherwise be entitled to, less, however, the total of the demands sued upon by such immediate laborers and material men, of such subcontractor, and allowed.

material men, any judgment allowed the subcontractor shall be the amount he would otherwise be entitled to, less, however, the total of the demands sued upon by such immediate laborers and material men, of such subcontractor, and allowed.

      Sec. 10.  All actions brought upon any bond given hereunder shall be commenced within ninety days (90) after the completion and acceptance of the public building or structure upon which said bond was given, and no action so brought shall be tried, or any judgment rendered therein until the expiration of the said ninety (90) days. Any judgment obtained in any action brought under any provision of this act, shall be enforced in the same manner as judgments in other civil actions.

      Sec. 11.  The words “public buildings or structure,” as herein used, are hereby declared to mean and to include every work or improvement, which, if done at the instance of an individual owner, would be subject to a mechanics’ lien under the laws of the State of Nevada.

      Sec. 12.  The word “party,” as herein used, is hereby declared to mean and to include, the State of Nevada and every board and commission thereof; every county of the State of Nevada, and every board and commission thereof; every school district within the State of Nevada and every board and commission thereof; and every municipality within the State of Nevada and every board, council and commission thereof.

      Sec. 13.  This act shall take effect and be in force from and after its passage and approval.

Actions to be commenced within 90 days

Words construed

“Party” construed

In effect

Chap. 265–An Act to amend an act entitled “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.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

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

      Section 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 after the fifteenth day of December and before the first day of October of each year, within this state.

      Sec. 2.  There is added a section to said act which shall be section 4 1/2 as follows:

      Section 4 1/2.  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 mountain quail after the first day of January and before the first day of October of each year, within this state.

Amending game law

Grouse protected

Mountain quail protected

Deer and antelope protected

Limit of two in open season

Certain animals protected at all times

Mountain sheep and goats protected till 1920

County commissioners to protect any animals when so petitioned by 50 taxpayers

Ordinance published

injure, snare, weir, wound, or pursue with attempt to take, kill, injure or destroy, any mountain quail after the first day of January and before the first day of October of each year, within this state.

      Sec. 3.  Section nine of said act is hereby amended to read as follows:

      Section 9.  It shall be unlawful for any person or persons, firm, company, corporation, or association, after the fifteenth day of November and before the fifteenth day of October of each and every year, to kill, catch, trap, wound or pursue, with an attempt to catch, capture or destroy, any deer or antelope; provided, that the limit for deer and antelope shall be two in any one open season or year; and provided further, it shall be unlawful to kill, catch, trap, wound or pursue with attempt to catch, injure, kill or destroy any antelope, doe or female deer or spotted fawn at any time. And it shall be unlawful for any person to kill, catch, trap, wound or pursue any mountain sheep or mountain goat at any time before the first day of January, 1920.

      Sec. 4.  Section fourteen of said act is hereby amended to read as follows:

Section 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 such birds, fowls or animals for the length of time as prayed for in the petition, or to change or shift the open season on said birds, fowls or animals, but not to increase the length of said open season, 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 the county for a period of four issues, and posted in three public places in the county, one of which shall be in front of the courthouse, and thereafter it shall be in full force and effect.

Chap. 266–An Act to provide revenue for the support of the government of the State of Nevada, to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers, to provide for its collection and to direct the disposition of its proceeds, to provide for the enforcement of liens created by this act, and for suits to quiet title against claims of lien arising hereunder.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  A tax shall be and is hereby imposed upon the transfer of any and all property within the jurisdiction of this state, and any interest therein or income therefrom, whether belonging to the inhabitants of this state or not, and whether tangible or intangible, not hereinafter exempted, which shall pass in trust or otherwise by will or by the statutes of inheritance of this or any other state or by deed, grant, sale or gift made without valuable and adequate consideration in contemplation of the death of the grantor, vendor, assignor or donor or intended to take effect in possession or enjoyment at or after such death, as specified in this act. For the purposes of this act, the ownership of shares of stock in a corporation owning property in this state shall be considered as the ownership of such interest in the property so owned by such corporation, as the number of shares so owned shall bear to the entire issued and outstanding capital stock of such corporation; and notes and other evidences of indebtedness secured by mortgage on real estate situated in this state are and shall be, upon the owners’ death, subject to the inheritance tax hereinafter provided.

      Sec. 2.  When the property or any interest therein or income therefrom so passed or transferred exceeds in value the exemption hereinafter specified and shall not exceed in value the sum of twenty-five thousand dollars, the tax hereby imposed shall be:

      (1) Where the person or persons entitled to any beneficial interest in such property shall be the husband, wife, lineal issue or lineal ancestor of the decedent or any child adopted as such in conformity with the laws of this state, or any child to whom such decedent for not less than ten years prior to such transfer stood in the mutually acknowledged relation of a parent; provided, however, such relationship began at or before the child’s fifteenth birthday and was continuous for said ten years thereafter, or any lineal issue of such adopted or mutually acknowledged child, at the rate of 1 per centum of the clear value of such interest in such property.

      (2) Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister or a descendant of a brother or sister of the decedent, a wife or widow of a son, or the husband of a daughter of the decedent, at the rate of 2 per centum of the clear value of such interest in such property.

Tax imposed upon all inheritances

Shares in corporation considered as inheritance

Inheritances of $25,000 or under-primary rates

When 1 per cent

Proviso

When 2 per cent

When 3 per cent

When 4 per cent

When 5 per cent

On inheritances over $25,000

Twice primary rates

Thrice primary rates

Four times primary rates

Five times primary rates

Exemptions

When no exemption

Inheritance tax, how payable

widow of a son, or the husband of a daughter of the decedent, at the rate of 2 per centum of the clear value of such interest in such property.

      (3) Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the father or mother [of] or a descendant of a brother or sister of the father or mother of the decedent, at the rate of 3 per centum of the clear value of such interest in such property.

      (4) Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the grandfather or grandmother or a descendant of the brother or sister of the grandfather or grandmother of the decedent, at the rate of 4 per centum of the clear value of such interest in such property.

      (5) Where the person or persons entitled to any beneficial interest in such property shall be in any other degree of collateral consanguinity than that hereinbefore stated; or shall be a stranger in blood to the decedent, or shall be a body politic or corporate, at the rate of 5 per centum of the clear value of such interest in such property.

      Sec. 3.  The foregoing rates in section 2 are for convenience termed the primary rates. When the market value of such property or interest exceeds twenty-five thousand dollars, the rates or tax upon such excess shall be as follows:

      (1) Upon all in excess of $25,000 and up to $50,000, two times the primary rates.

      (2) Upon all in excess of $50,000 and up to $100,000, three times the primary rates.

      (3) Upon all in excess of $100,000 and up to $500,000, four times the primary rates.

      (4) Upon all in excess of $500,000, five times the primary rates.

      Sec. 4.  The following exemptions from the tax are hereby allowed:

      (1) Property of the clear value of twenty thousand dollars transferred to the widow or to a minor child of the decedent, and of ten thousand dollars transferred to each of the other persons described in the first subdivision of section 2 shall be exempt.

      (2) Property of the clear value of ten thousand dollars transferred to any or all of the persons described in the second subdivision of section 2 shall be exempt.

      (3) Property of the clear value of five thousand dollars transferred to any or all of the persons described in the third subdivision of section 2 shall be exempt.

      (4) No exemption shall be allowed upon property transferred to any of the persons described in the fourth and fifth subdivisions of section 2 of this act.

      Sec. 5.  When any grant, gift, legacy, devise or succession upon which a tax is imposed by section 1 of this act shall be an estate, income or interest for a term of years, or for life, or determinable upon any future or contingent event,

or determinable upon any future or contingent event, or shall be a remainder, reversion or other expectancy, real or personal, the entire property or fund by which such estate, income or interest is supported or of which it is a part shall be appraised immediately after the death of the decedent, and the market value thereof determined, in the manner provided in section 17 of this act, and the tax prescribed by this act shall be immediately due and payable to the treasurer of the proper county, and together with the interest thereon, shall be and remain a lien on said property until the same is paid; provided, that the person or persons or body politic or corporate beneficially interested in the property chargeable with said tax may elect not to pay the same until they shall come into the actual possession or enjoyment of such property; and in that case such person or persons or body politic or corporate shall execute a bond to the State of Nevada, in a penalty of twice the amount of the tax arising upon personal estate, with such sureties as the district court having jurisdiction as hereinafter provided may approve, conditioned for the payment of said tax and interest thereon, at such time or period as they or their representatives may come into the actual possession or enjoyment of such property, which bond shall be filed in the office of the county clerk of the proper county and a certified copy thereof shall be immediately transmitted to the state controller; provided further, that such person shall make a full and verified return of such property to said court and file the same in the office of the county clerk within one year from the death of the decedent and within that period enter into such security and renew the same every five years.

      Sec. 6.  Whenever a decedent appoints or names one or more executors or trustees and makes a bequest or devise of property to them in lieu of commissions or allowances, which otherwise would be liable to said tax, or appoints them his residuary legatees, and said bequest, devises or residuary legacies exceed what would be a reasonable compensation for their services, such excess over and above the exemption herein provided for shall be liable to said tax; and the district court in which the probate proceedings are pending shall fix the compensation.

      Sec. 7.  All taxes imposed by this act, unless otherwise herein provided for, shall be due and payable at the death of the decedent, and if the same are paid within eighteen months no interest shall be charged and collected thereon, but if not so paid, interest at the rate of 10 per centum per annum shall be charged and collected from the time said tax accrued; provided, that if said tax is paid within six months from the accruing thereof a discount of 5 per centum shall be allowed and deducted from said tax. And in all cases where the executors, administrators or trustees do not pay such tax within eighteen months from the death of the decedent, they shall be required to give a bond in the form and to the effect prescribed in section 5 of this act for the payment of said tax, together with interest.

Proviso

Return made within one year

Executor’s fees liable to tax, when

Interest added to tax, when

Penalty not chargeable, when

Duties of administrator regarding tax

Property may be sold to pay tax

shall be required to give a bond in the form and to the effect prescribed in section 5 of this act for the payment of said tax, together with interest.

      Sec. 8.  The penalty of 10 per centum per annum imposed by section 7 hereof, for the nonpayment of said tax, shall not be charged in cases where, in the judgment of the court, by reason of claims made upon the estate, necessary litigation, or other unavoidable cause of delay, the estate of any decedent, or a part thereof, cannot be settled at the end of eighteen months from the death of the decedent; and in such cases 7 per centum per annum shall be charged upon the said tax from the expiration of said eighteen months until the cause of such delay is removed, after which 10 per centum interest per annum shall again be charged until the tax is paid; but litigation to defeat the payment of the tax shall not be considered necessary litigation.

      Sec. 9.  Any administrator, executor or trustee having in charge or trust any legacy or property subject to the said tax shall deduct the tax therefrom, or, if the legacy or property be not money, he shall collect the tax thereon, upon the market value thereof, from the legatee or person entitled to such property, and he shall not deliver, or be compelled to deliver, any specific legacy or property subject to tax to any person until he shall have collected the tax thereon; and whenever any such legacy shall be charged upon or payable out of real estate, the executor, administrator or trustee shall collect said tax from the distributee thereof, and the same shall remain a charge on such real estate until paid. If, however, such legacy be given in money to any person for a limited period, the executor, administrator or trustee shall retain the tax upon the whole amount; but if it be not in money, he shall make application to the district court to make an apportionment, if the case require it, of the sum to be paid into his hands by such legatees and for such further order relative thereto as the case may require.

      Sec. 10.  All executors, administrators and trustees shall have full power to sell so much of the property of the decedent as will enable them to pay said tax, in the same manner as they may be enabled by law to do for the payment of the debts of the estate, and the amount of said tax shall be paid as hereinafter directed. No final settlement of the account of any executor, administrator or trustee shall be accepted or allowed unless it shall show, and the court shall find, that all taxes imposed by the provisions of this act upon any property or interest therein or income therefrom belonging to the estate to be paid by such executor, administrator or trustee and to be settled by said account, shall have been paid, and the receipt of the county treasurer of the county in which such estate is being administered shall be the proper voucher for such payment.

      Sec. 11.  Every sum of money retained by an executor, administrator or trustee, or paid into his hands for any tax on property, shall be paid by him within thirty days thereafter to the treasurer of the county in which the probate proceedings are pending.

administrator or trustee, or paid into his hands for any tax on property, shall be paid by him within thirty days thereafter to the treasurer of the county in which the probate proceedings are pending. Upon the payment to any county treasurer of any tax due under this act, such treasurer shall issue a receipt therefor in triplicate, one copy of which he shall deliver to the person paying the said tax, and the original and one copy thereof he shall immediately send to the controller of the state, whose duty it shall be to charge the treasurer so receiving the tax with the amount thereof, and said controller shall retain one of said receipts and the other he shall countersign and seal with the seal of his office and immediately transmit the same to the clerk of the court where the proceedings are pending. Any person shall, upon payment to the county treasurer of the sum of fifty cents, be entitled to a duplicate, or copy, of any receipt that may have been given by said treasurer for the payment of any tax under this act.

      Sec. 12.  Whenever any debts shall be proven against the estate of a decedent after the payment of legacies or distribution of property from which the said tax has been deducted or upon which it has been paid, and a refund is made by the legatee, devisee, heir or next of kin, a proportion of the tax so deducted or paid shall be repaid to him by the executor, administrator or trustee, if the said tax has not been paid to the county treasurer, or to the state treasurer, or by said county treasurer, or state treasurer (on warrant of the county auditor or the state controller) if it has been so paid.

      Sec. 13.  If a foreign executor, administrator or trustee shall assign or transfer any stock, obligations, securities, deposits or other assets in this state, standing in the name of a decedent, or in trust for a decedent, and liable to the tax hereby imposed, such tax shall be paid to the treasurer of the proper court, on the transfer of such stock, obligations, securities, deposits or other assets, and if such tax be not paid or secured to be paid at the time of such transfer, both the transferor and the transferee shall be personally liable for the amount of such tax.

      Sec. 14.  The district court having either principal or ancillary jurisdiction of the settlement of the estate of any decedent leaving property subject to the tax hereby imposed, shall have jurisdiction to hear and determine all questions in relation to said tax, or that may arise affecting any devise, legacy or inheritance, or any grant or gift, under this act, subject to appeal as in other cases, and the state controller shall in his name of office represent the interests of the state in any such proceedings.

      Sec. 15.  In each county of this state the district judge or judges shall, whenever he or they deem advisable, appoint three competent residents and free-holders of said county to act as appraisers of all property within such county, which is charged or sought to be charged with an inheritance tax.

Executor to pay promptly to county treasurer

Debts against estate, procedure regarding

Regarding transfers of interests

District court has jurisdiction

Appraisers appointed, when

Appraisers to take oath

Appraiser inhibited from taking fee from legatee

Appraisers fix market value

act as appraisers of all property within such county, which is charged or sought to be charged with an inheritance tax. Said appraisers shall serve during the pleasure of the court and until discharged by order thereof. They shall each take the constitutional oath of the State of Nevada, but shall not be required to give a bond; they shall be subject to removal at any time in the discretion of the court, and the court, or judge thereof, in vacation may also in its discretion, either before or after the appointment of regular appraisers, appoint other appraisers to act in any given case; vacancies shall be filled by appointment of the court or by the judge thereof. Every such inheritance tax appraiser shall be paid by the county treasurer on a warrant drawn by the county auditor out of any fund which he may have in his hands not otherwise appropriated by law, on presentation of an order or certificate of the district court, showing an allowance of his claim as such appraiser. Such compensation shall be at the rate of five dollars per day for each appraiser for every day actually and necessarily employed in said inheritance tax appraisement, together with their actual and necessary traveling expenses and the fees paid such witnesses as shall have been subpenaed before them, which fees shall be the same as those now provided for witnesses attending a court of record.

      Sec. 16.  Any appraiser appointed under this act who shall take any fee or reward from any executor, administrator, trustee, legatee, next of kin or heir of any decedent, or from any other person liable to pay said tax or any portion thereof, or from any agent or representative of any such person, shall be guilty of a misdemeanor, and upon conviction in any court having jurisdiction of misdemeanors he shall be punished by fine or imprisonment or both, and in addition thereto the judge shall dismiss him from such service.

      Sec. 17.  The district court having jurisdiction to determine any such tax, either upon its own motion or upon the application of any interested person, including the state controller or county treasurer, shall by order direct the person, or one of the persons, appointed pursuant to section 15 of this act, to fix the clear market value of property of persons whose estates shall be subject to the payment of any tax under this act. Such appraisers shall forthwith give notice by mail to all persons known to have a claim or interest in the property to be appraised, including the state controller and the treasurer of the county in which such tax is to be paid, and to such person or persons as the district court may by order direct, of the time when and place where they will hear all persons interested in the appraisement of such estate. At the time and place specified in such notice, the said appraisers shall meet and appraise the said property at its fair market value; and for the purpose of making said appraisement, the said appraisers shall be authorized to cause the clerk to issue subpenas and compel the attendance of witnesses before them, to administer oaths and to take the evidence of such witnesses under oath concerning such property and the value thereof; and shall make report thereof and of such value in writing to the said district court, together with the depositions of the witnesses examined, if any, and such other facts in relation thereto as said district court may order or require, within thirty days from the date of such direction unless further time be granted by the court.

subpenas and compel the attendance of witnesses before them, to administer oaths and to take the evidence of such witnesses under oath concerning such property and the value thereof; and shall make report thereof and of such value in writing to the said district court, together with the depositions of the witnesses examined, if any, and such other facts in relation thereto as said district court may order or require, within thirty days from the date of such direction unless further time be granted by the court.

      Sec. 18.  Whenever, by reason of the complicated nature of the estate, or by reason of the confused condition of the decedent’s affairs, it is impracticable for the appraisers to file with the clerk of the court a full, true and correct appraisement of the personal assets belonging to the estate within the time required by this act, the court may extend time for making such appraisement, not exceeding a period of three months.

      Sec. 19.  The state controller or any person interested in the estate appraised may, within twenty days thereafter, file objections to said appraisement, on the hearing of which as an action in equity, either party may produce evidence competent or material to the matters therein involved. If upon such hearing the court finds the amount at which the property is appraised is at its value on the market in the ordinary course of trade, and that the appraisement was fairly and in good faith made, it shall approve such appraisement; but if it finds that the appraisement was made at a greater or less sum than the value of the property in the ordinary course of trade, or that the same was not fairly or in good faith made, may order the appraisement amended or corrected to conform to its findings, or it shall set aside the appraisement of the property, appoint new appraisers, and so proceed until a fair and good appraisement is made. The state controller or anyone interested in the property appraised may appeal to the supreme court from the order of the district court approving, amending or correcting, or setting aside any appraisement to which exceptions have been filed. Notice of appeal shall be served within thirty days from the date of the order appealed from, and the appeal shall be perfected in the time now provided for appeals in civil actions. In case of appeal, the appellant, if he is not the state controller, shall give bond to be approved by the clerk of the court, to pay the tax, which bond shall provide that the said appellant and sureties shall pay the amount of the tax for which the property may be liable with cost of appeal. If upon the hearing of objections to the appraisement, the court finds that the property is not subject to tax, the court shall, upon the expiration of time for appeal, when no appeal has been taken, order the clerk to enter on his probate docket and in the minutes of the court, a cancelation of any claim or lien for tax. If at the end of twenty days from the filing of the appraisement with the clerk, no objections are filed, the appraisement shall stand approved.

Time of appraisement may be extended

Objections to appraisement, how and by whom made

District court shall issue citation, when

Duties of court clerk

Duties of court clerk, county recorder, district attorney regarding inheritance tax

clerk, no objections are filed, the appraisement shall stand approved.

      Sec. 20.  If it shall appear to the district court upon petition of the state controller, or the county treasurer, or any citizen or other interested person that any transfer has been made within the meaning of this act, and the taxability thereof and the liability for such tax and the amount thereof have not been determined, and no proceedings are pending in any court in this state wherein the taxability of such transfer, the liability therefor and the amount thereof may be determined, said court shall issue a citation, citing the persons who may appear liable therefor, or known to own any interest in or part of the property transferred, to appear before the court on a day certain, not more than twenty days from the date of such citation, and show cause why said tax should not be determined and paid. The clerk of the court shall upon the request of the state controller or the treasurer of the county furnish, without fee, one or more of transcripts of such decree or order and the same may be docketed and filed by the county clerk of any county in the state without fee. The district court may hear the said cause upon the relation of the parties and the testimony of witnesses and evidence produced in open court, and, if the court shall find said property is not subject to any tax as herein provided, the court shall, by its order so determine; but if it shall appear that said property, or any part thereof, is subject to any such tax, the same shall be appraised and taxed as in other cases and an appeal from such order or decree shall be allowed as provided in section 19 of this act.

      Sec. 21.  In all cases, all orders, decrees and proceedings shall be entered by the clerk of the district court in the probate register and all orders, judgments or decrees establishing liens upon property shall be docketed by the clerk as other judgment liens are docketed.

      Sec. 22.  It shall be the duty of each clerk of the district court to make an examination from time to time of all reports filed with him by administrators, executors, and trustees, and also to make examination of all foreign wills offered for probate or recorded within his county, and to notify the district attorney of such county of any property coming to his knowledge subject to the tax hereby imposed. It shall be the duty of each county recorder to examine from time to time the record of deeds and conveyances filed or recorded in his office, and report to the district attorney any transfers or conveyances of property coming to his knowledge subject to the tax herein provided. It shall be the duty of the district attorney from time to time to examine the probate records and proceedings in the office of the clerk of his county, and conveyances or transfers filed in the office of the county recorder, and if from such examination or from information or knowledge coming to him from any other source, he finds or believes that any property within his county or within the jurisdiction of the district court of said county, has passed by will or the intestate laws of this or any other state, or by deed, grant, sale or gift made or intended to take effect in possession or in enjoyment after the death of the decedent, donor, or grantor, he shall make report thereof in writing to the state controller embodying in such report the name and residence of the decedent, date of death, name and address of the administrator, executor, or trustee, the description of any property liable to a tax and the county in which it is located and the name and relationship of all beneficiaries or heirs.

or believes that any property within his county or within the jurisdiction of the district court of said county, has passed by will or the intestate laws of this or any other state, or by deed, grant, sale or gift made or intended to take effect in possession or in enjoyment after the death of the decedent, donor, or grantor, he shall make report thereof in writing to the state controller embodying in such report the name and residence of the decedent, date of death, name and address of the administrator, executor, or trustee, the description of any property liable to a tax and the county in which it is located and the name and relationship of all beneficiaries or heirs. Any citizen of the state having knowledge of property liable to such tax, against which no proceedings for enforcing the collection thereof are pending, may report the same to the district attorney of his county or the state controller and it shall be the duty of such officers to investigate the case and if such officers or either of them, shall have reason to believe that any property is liable to the tax hereby imposed he shall forthwith institute proceedings for the recovery of the same as provided in section 20 of this act.

      Sec. 23.  In all cases where any property so passes as to be liable to taxation under this act, all costs of the proceedings had for the determination of the amount of such tax or for determining whether the property of the entire estate is sufficient in amount to render that part passing to the heirs, devisees, legatees, grantees or transferees, subject to the tax, shall be chargeable to such estate or the owners of the property transferred and to discharge the lien upon such property, all costs as well as the taxes must be paid. In all other cases the costs are to be paid as ordered by the court, and when a decision adverse to the state has been rendered with an order that the state pay the costs, it shall be the duty of the clerk of the court in which such action was pending, to certify the amount of such costs to the state treasurer, together with a copy of such judgment or order, and the state treasurer shall, if such costs be correctly certified, and the case has been finally determined, present the claim to the state board of examiners which they shall, if found correct, audit, allow and pay as other claims against the state are audited, allowed and paid.

      Sec. 24.  Whenever any property belonging to a foreign estate, which estate, in whole or in part, is liable, to pay an inheritance tax in this state, the said tax shall be assessed upon the market value of said property remaining after the payment of such debts and expenses as are chargeable to the property under the laws of this state; in the event that the executor, administrator or trustee of such foreign estate, files with the clerk of the court having ancillary jurisdiction, and with the state treasurer, duly certified statements exhibiting the true market value of the entire estate of the decedent owner, and the indebtedness for which the said estate has been adjudged liable, which statements shall be duly attested by the judge of the court having original jurisdiction, the beneficiaries of said estate shall then be entitled to have deducted such proportion of the said indebtedness of the decedent from the value of the property as the value of the property within this state bears to the value of the entire estate.

Duties of officers regarding tax

Costs, how chargeable

Concerning property belonging to foreign estate

Tax paid to county where transfer is made

Doubtful liability

Apportionment of moneys received from tax

District attorney to commence suit for collection after 18 months delinquency

been adjudged liable, which statements shall be duly attested by the judge of the court having original jurisdiction, the beneficiaries of said estate shall then be entitled to have deducted such proportion of the said indebtedness of the decedent from the value of the property as the value of the property within this state bears to the value of the entire estate.

      Sec. 25.  If a foreign administrator, executor or trustee shall assign or transfer any corporate stock or obligations in this state standing in the name of the decedent, or in trust for a decedent and liable to the tax herein provided, the tax must be paid to the county treasurer of the county in which such transfer is made before the transfer thereof; otherwise the corporation permitting its stock to be so transferred shall be liable to pay such tax, and it is the duty of the state controller and the district attorney of the proper county to enforce the payment thereof.

      Sec. 26.  Whenever an estate charged, or sought to be charged, with the payment of an inheritance tax, is of such a nature or so disposed that the liability of the estate is doubtful, or the value thereon but all such settlements, compromises and compositions shall be approved by the district court of the proper county, and after such approval the payment of the amount of the tax so agreed upon shall discharge the lien against the property of the estate.

      [Sec. 27 does not appear in enrolled bill-State Printer.]

      Sec. 28.  All taxes levied and collected in pursuance of the provisions of this act shall be apportioned as follows: Twenty per cent thereof shall be paid to the county treasurer of the county in which such tax is paid or collected, and shall be placed in the general fund of such county; forty per cent of such tax shall be paid to the state treasurer and placed in the state school fund; and forty per cent of such tax shall be paid to the state treasurer and placed in the general fund of the state.

      Sec. 29.  If, after the expiration of eighteen months from the accrual of any tax under this act, such tax shall remain due and unpaid, after the refusal or neglect of the persons liable therefor to pay the same, the county treasurer shall notify, or the state controller may notify, the district attorney of the county in writing of such failure or neglect, and such district attorney shall bring and prosecute an action or actions in the name of the state as plaintiff, for the recovery of such tax and for the purpose of enforcing any lien or liens against all and any of the property subject thereto. In any such action the owner of any property or of any interest in property against which the lien of any such tax is sought to be enforced, and any predecessor in interest of any such owner whose title or interest was deraigned through any such decedent by will or succession or by decree of distribution of the estate of such decedent, and any lienor, or incumbrancer subsequent to the lien of such tax may be made a party defendant.

brancer subsequent to the lien of such tax may be made a party defendant. The enumeration in this section of the persons who may be made defendants shall not be deemed to be exclusion, but the joinder or nonjoinder of parties, except when otherwise herein provided, shall be governed by the [rules] in equity in similar cases.

      (a) Actions may be brought against the state for the purpose of quieting the title to any property, against the lien or claim of lien of any tax or taxes under this act, or for the purpose of having it determined that any property is not subject to any lien for taxes under this act. In any such action, the plaintiff may be any administrator or executor of the estate or will of any decedent, whether the said estate shall have been fully administered and the estate settled and closed or not, and any heir, legatee or devisee of any such decedent, or trustee of the estate or of any part of the estate of such decedent, or distributee of the estate or of any part of the estate of any such decedent, and any assignee, grantee or successor in interest of such persons, and all or any persons who might be made parties defendant in any action brought by the state under the provisions of this section, and notwithstanding that all or any of the persons enumerated in this section shall or may have assigned, granted, conveyed or otherwise parted with all or any interest in or title to the property, or any thereof, involved in any such claim of lien before the commencement of such action. All or any of the persons in this action enumerated may be joined or united as parties plaintiff. The enumeration in this section of the persons who may be made parties shall not be deemed to be exclusive, but the joinder or nonjoinder of parties, except when otherwise herein provided, shall be governed by the rules in equity in similar cases. In all cases any person who might properly be a party plaintiff in any such action who refuses to join as plaintiff may be made a defendant.

      (b) All actions under this section shall be commenced in the district court of the county in which is situated any part of any real property against which any lien is sought to be enforced, or to which title is sought to be quieted against any lien, or claim of lien; but if in said action no lien against real property is sought to be enforced, the action shall be brought in the district court of the county which has or which had jurisdiction of the administration of the estate of the decedent mentioned herein.

      (c) Service of summons in the actions brought against the state shall be made on the controller of state and on the district attorney of the county in which the estate of the decedent mentioned herein is being administered, or has been administered in probate proceedings, and it shall be the duty of said district attorney to defend all such actions.

      (d) The procedure and practice in all actions brought under this section, except as otherwise provided in this act, shall be governed by the provisions of the civil practice act of this state, in so far as the same shall or may be applicable, including all provisions relating to motions for new trials and appeals.

Actions against state to quiet title

Parties plaintiff and defendant

District court has jurisdiction of actions

Service made on state controller

Civil practice act to govern

Remedies

Words defined

“Contemplation of death” defined

In effect

shall be governed by the provisions of the civil practice act of this state, in so far as the same shall or may be applicable, including all provisions relating to motions for new trials and appeals.

      (e) The remedies provided in this section shall be in addition to and not exclusive of any remedies provided in the sections preceding this section.

      Sec. 30.  The words “estate” and “property” as used in this act shall be taken to mean the real and personal property or interest therein of the testator, intestate, grantor, bargainer, vendor, or donor passing or transferred to individual legatees, devisees, heirs, next of kin, grantees, donees, vendees, or successors, and shall include all personal property within or without the state. The word “transfer” as used in this act shall be taken to include the passing of property or any interest therein, in possession or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant, deed, bargain, sale, gift, or appointment in the manner herein described. The word “decedent” as used in this act shall include the testator, intestate, grantor, bargainer, vendor, or donor.

      The words “contemplation of death” as used in this act shall be taken to include that expectancy of death which actuates the mind of a person on the execution of his will, and in nowise shall said words be limited and restricted to that expectancy of death which actuates the mind of a person in making a gift causa mortis, and it is hereby declared to be the intent and purpose of this act to tax any and all transfers which are made in lieu of or to avoid the passing of the property transferred by testate or intestate laws.

      Sec. 31.  This act shall take effect thirty days from and after the date of its approval.

Iron-bonnet safety cage must be used in all shafts more than 300 feet deep

Chap. 267–An Act to amend an act entitled “An Act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section five hundred thirty-four of said act is hereby amended so as to read as follows:

      Section 534.  It shall be unlawful for any person or persons, company or companies, corporation or corporations, to sink or work through any vertical shaft, at a greater depth than three hundred and fifty feet, unless the said shaft shall be provided with an iron-bonneted safety cage, safety crosshead or safety skip, to be used in the lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations.

or corporations. The safety apparatus shall be securely fastened to the cage, crosshead or skip, and shall be of sufficient strength to hold the cage, crosshead or skip loaded at any depth to which the shaft may be sunk; provided, that where safety crosshead is used for other than sinking purposes the same shall be equipped with gates as provided by law for cages; and provided further, that where skips are used for other than sinking purposes platforms for men to stand on when being hoisted or lowered shall be placed in said skip not less than four feet from top of same and that an overhead bar be provided for the men to hold to. In any shaft less than three hundred and fifty feet deep where no safety cage, safety crosshead or safety skip is used and where crosshead or crossheads are used, platforms for employees to ride upon in lowering and hoisting said employees shall be placed above said crosshead or crossheads. Any person or persons, company or companies, corporation or corporations or the managing agent of any person or persons, company or companies, corporation or corporations, violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of five hundred dollars, or imprisonment in the county jail for a term of six months, or by both such fine and imprisonment.

Gates and platforms required

Penalties

Chap. 268–An Act to amend an act entitled “An act supplemental to an act entitled ‘An Act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,’ approved March 23, 1891, and to all acts amendatory thereof, and to provide for a state license upon the business of disposing at retail or wholesale of spirituous, malt or vinous liquors in this state, and providing penalties for violation hereof,” approved March 15, 1905.

[Approved March 24, 1913]

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

Assembly, do enact as follows:

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

      Section 3.  The several sheriffs of the respective counties of this state are hereby made the collectors of, and authorized and required to issue and collect, said licenses, and shall, upon the payment of one hundred ($100) dollars, issue a retail state license to any person, firm, company or corporation engaged in selling spirituous, malt or vinous liquors in quantities less than five gallons, and the word “Retail” shall be written in red ink across the face of such license; provided, that retail drug stores shall not be required to pay more than twenty-five ($25) dollars per annum for such retail state liquor license.

Retail state liquor licenses, $100 per annum

Drug stores

Wholesale licenses, $150 per annum

In effect, 1914

      Sec. 2.  Section four of the above-entitled act is hereby amended to read as follows:

      Section 4.  Any person, firm, company or corporation disposing of spirituous, malt or vinous liquors in quantities in excess of five gallons shall be considered a wholesaler or rectifier, and shall pay a state liquor license of one hundred and fifty ($150) dollars per annum, and the word “Wholesale” shall be written across the face of such license, in red ink.

      Sec. 3.  This act shall become effective January 1, 1914.

Warehouse receipts law

What receipts shall embody

Warehouseman liable, when

Chap. 269–An Act providing a general law on the subject of warehouse receipts, to be known as “The Warehouse Receipts Law.”

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  Warehouse receipts may be issued by any warehouseman.

      Sec. 2.  Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms-

      (a) The location of the warehouse where the goods are stored.

      (b) The date of issue of the receipt.

      (c) The consecutive number of the receipt.

      (d) A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order.

      (e) The rate of storage charges.

      (f) A description of the goods or of the packages containing them.

      (g) The signature of the warehouseman, which may be made by his authorized agent.

      (h) The receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership; and

      (i) A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it. a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient.

      A warehouseman shall be liable to any person injured thereby for all damage caused by the omission from a negotiable receipt of any of the terms herein required.

      Sec. 3.  A warehouseman may insert in a receipt, issued by him, any other terms and conditions, provided that such terms and conditions shall not-

      (a) Be contrary to the provisions of this act.

      (b) In any wise impair his obligation to exercise that degree of care in the safe-keeping of the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.

      Sec. 4.  A receipt in which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a non-negotiable receipt.

      Sec. 5.  A receipt in which it is stated that the goods received will be delivered to the bearer, or to the order of any person named in such receipt, is a negotiable receipt. No provision shall be inserted in a negotiable receipt that it is non-negotiable. Such provision, if inserted, shall be void.

      Sec. 6.  When more than one negotiable receipt is issued for the same goods, the word “duplicate” shall be plainly placed upon the face of every such receipt, except the one first issued. A warehouseman shall be liable for all damage caused by his failure so to do to any one who purchased the subsequent receipt for value supposing it to be an original, even though the purchase be after the delivery of the goods by the warehouseman to the holder of the original receipt.

      Sec. 7.  A non-negotiable receipt shall have plainly placed upon its face by the warehouseman issuing it “non-negotiable,” or “not negotiable.” In case of the warehouseman’s failure so to do, a holder of the receipt who purchased it for value supposing it to be negotiable, may, at his option, treat such receipt as imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable. This section shall not apply, however, to letters, memoranda, or written acknowledgments of an informal character.

      Sec. 8.  A warehouseman, in the absence of some lawful excuse provided by this act, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if such demand is accompanied with-

      (a) An offer to satisfy the warehouseman’s lien;

      (b) An offer to surrender the receipt if negotiable, with such indorsements as would be necessary for the negotiation of the receipt; and

      (c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the warehouseman.

      In case the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for such refusal.

      Sec. 9.  A warehouseman is justified in delivering the goods, subject to the provisions of the three following sections, to one who is-

Terms and conditions in receipt

Non-negotiable receipt

Negotiable receipt

Duplicate, when

Must bear words “non-negotiable” or “not negotiable”

Warehouse man must deliver goods, when

To whom goods may be delivered

When warehouseman liable for illegal delivery

Warehouseman liable, to whom

Further liabilities

Altered receipt no excuse

subject to the provisions of the three following sections, to one who is-

      (a) The person lawfully entitled to the possession of the goods, or his agent,

      (b) A person who is either himself entitled to delivery by the terms of a non-negotiable receipt issued for the goods, or who has written authority from the person so entitled either indorsed upon the receipt or written upon another paper, or

      (c) A person in possession of a negotiable receipt by the terms of which the goods are deliverable to him or order or to bearer, or which has been endorsed to him or in blank by the person to whom delivery was promised by the terms of the receipt or by his mediate or immediate indorsee.

      Sec. 10.  Where a warehouseman delivers the goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section and though he delivered the goods as authorized by said subdivisions he shall be so liable, if prior to such delivery he had either

      (a) Been requested, by or on behalf of the person lawfully entitled to a right of property or possession in the goods, not to make such delivery; or

      (b) Had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods.

      Sec. 11.  Except as provided in section 36, where a warehouseman delivers goods for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the receipt, he shall be liable to any one who purchases for value in good faith such receipt, for failure to deliver the goods to him, whether such purchaser acquired title to the receipt before or after the delivery of the goods by the warehouseman.

      Sec. 12.  Except as provided in section 36, where a warehouseman delivers part of the goods for which he had issued a negotiable receipt and fails either to take up and cancel such receipt, or to place plainly upon it a statement of what goods or packages have been delivered he shall be liable, to any one who purchases for value in good faith such receipt, for failure to deliver all the goods specified in the receipt, whether such purchaser acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman.

      Sec. 13.  The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if such alteration was-

      (a) Immaterial,

      (b) Authorized, or

      (c) Made without fraudulent intent.

      If the alteration was authorized, the warehouseman shall be liable according to the terms of the receipt as altered.

liable according to the terms of the receipt as altered. If the alteration was unauthorized, but made without fraudulent intent, the warehouseman shall be liable according to the terms of the receipt, as they were before alteration.

      Material and fraudulent alteration of a receipt shall not excuse the warehouseman who issued it from liability to deliver, according to the terms of the receipt as originally issued, the goods for which it was issued, but shall excuse him from any other liability to the person who made the alteration and to any person who took with notice of the alteration. Any purchaser of the receipt for value without notice of the alteration shall acquire the same rights against the warehouseman which such purchaser would have acquired if the receipt had not been altered at the time of the purchase.

      Sec. 14.  Where a negotiable receipt has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient sureties to be approved by the court to protect the warehouseman from any liability or expense, which he or any person injured by such delivery may incur by reason of the original receipt remaining outstanding. The court may also in its discretion order the payment of the warehouseman’s reasonable costs and counsel fees. The delivery of the goods under an order of the court as provided in this section, shall not relieve the warehouseman from liability to a person to whom the negotiable receipt has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods.

      Sec. 15.  A receipt upon the face of which the word “duplicate” is plainly placed is a representation and warranty by the warehouseman that such receipt is an accurate copy of an original receipt properly issued and uncanceled at the date of the issue of the duplicate, but shall impose upon him no other liability.

      Sec. 16.  No title or right to the possession of the goods, on the part of the warehouseman, unless such title or right is derived directly or indirectly from a transfer made by the depositor at the time of or subsequent to the deposit for storage, or from the warehouseman’s lien, shall excuse the warehouseman from liability for refusing to deliver the goods according to the terms of the receipt.

      Sec. 17.  If more than one person claims the title or possession of the goods, the warehouseman may, either as a defense to an action brought against him for nondelivery of the goods, or as an original suit, whichever is appropriate, require all known claimants to interplead.

      Sec. 18.  If some one other than the depositor or person claiming under him has a claim to the title or possession of the goods, and the warehouseman has information of such claim, the warehouseman shall be excused from liability for refusing to deliver the goods, either to the depositor or person claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.

Lost receipt, procedure

Duplicate receipt

Concerning transfers of title to goods

When title to goods is disputed

Warehouseman excused, when

Third person’s title no defense

Warehouseman liable for damages, when

Liable for injury to goods

To keep goods separate

Concerning fungible goods

Liable to each depositor

When goods exempt from garnishment

claiming under him or to the adverse claimant, until the warehouseman has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.

      Sec. 19.  Except as provided in the two preceding sections and in sections 9 and 36, no right or title of a third person shall be a defense to an action brought by the depositor or person claiming under him against the warehouseman for failure to deliver the goods according to the terms of the receipt.

      Sec. 20.  A warehouseman shall be liable to the holder of a receipt for damages caused by the nonexistence of the goods or by the failure of the goods to correspond with the description thereof in the receipt at the time of its issue. If, however, the goods are described in a receipt merely by a statement of marks or labels upon them, or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind, or that the packages containing the goods are said to contain goods of a certain kind, or by words of like purport, such statements, if true, shall not make liable the warehouseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor.

      Sec. 21.  A warehouseman shall be liable for any loss or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful owner of similar goods would exercise, but he shall not be liable, in the absence of an agreement to the contrary, for any loss or injury to the goods which could not have been avoided by the exercise of such care.

      Sec. 22.  Except as provided in the following section, a warehouseman shall keep the goods so far separate from goods of other depositors, and from other goods of the same depositor for which a separate receipt has been issued, as to permit at all times the identification and redelivery of the goods deposited.

      Sec. 23.  If authorized by agreement or by custom, a warehouseman may mingle fungible goods with other goods of the same kind and grade. In such case the various depositors of the mingled goods shall own the entire mass in common and each depositor shall be entitled to such portion thereof as the amount deposited by him bears to the whole.

      Sec. 24.  The warehouseman shall be severally liable to each depositor for the care and redelivery of his share of such mass to the same extent and under the same circumstances as if the goods had been kept separate.

      Sec. 25.  If goods are delivered to a warehouseman by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner, and a negotiable receipt is issued for them, they cannot thereafter, while in the possession of the warehouseman, be attached by garnishment or otherwise, or be levied upon under an execution, unless the receipt be first surrendered to the warehouseman, or its negotiation enjoined.

man, or its negotiation enjoined. The warehouseman shall in no case be compelled to deliver up the actual possession of the goods until the receipt is surrendered to him or impounded by the court.

      Sec. 26.  A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and otherwise, in attaching such receipt or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to property which cannot readily be attached or levied upon by ordinary legal process.

      Sec. 27.  Subject to the provisions of section 30, a warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hands, for all lawful charges for storage and preservation of the goods; also for all lawful claims for money advanced, interest, insurance, transportation, labor, weighing, coopering and other charges and expenses in relation to such goods; also for all reasonable charges and expenses for notice, and advertisements of sale, and for sale of the goods where default has been made in satisfying the warehouseman’s lien.

      Sec. 28.  Subject to the provisions of section 30 a warehouseman’s lien may be enforced-

      (a) Against all goods, whenever deposited, belonging to the person who is liable as debtor for the claims in regard to which the lien is asserted, and

      (b) Against all goods belonging to others which have been deposited at any time by the person who is liable as debtor for the claims in regard to which the lien is asserted if such person has been so entrusted with the possession of the goods that a pledge of the same by him at the time of the deposit to one who took the goods in good faith for value would have been valid.

      Sec. 29.  A warehouseman loses his lien upon goods-

      (a) By surrendering possession thereof; or

      (b) By refusing to deliver the goods when a demand is made with which he is bound to comply under the provisions of this act.

      Sec. 30.  If a negotiable receipt is issued for goods, the warehouseman shall have no lien thereon, except for charges for storage of those goods subsequent to the date of the receipt, unless the receipt expressly enumerates other charges for which a lien is claimed. In such case there shall be a lien for the charges enumerated so far as they are within the terms of section 27, although the amount of the charges so enumerated is not stated in the receipt.

      Sec. 31.  A warehouseman having a lien valid against the person demanding the goods may refuse to deliver the goods to him until the lien is satisfied.

      Sec. 32.  Whether a warehouseman has or has not a lien upon the goods, he is entitled to all remedies allowed by law to a creditor against his debtor, for the collection from the depositor of all charges and advances which the depositor has expressly or impliedly contracted with the warehouseman to pay.

Creditor’s rights

When warehouseman has lien on goods

Lien enforced, how

Lien lost, how

No lien, when

Valid lien authorizes refusal to deliver

Warehouseman entitled to all legal remedies

Lien due, how satisfied

Goods sold at auction, when

Disposal of residue of sale money

depositor of all charges and advances which the depositor has expressly or impliedly contracted with the warehouseman to pay.

      Sec. 33.  A warehouseman’s lien for a claim which has become due may be satisfied as follows:

      The warehouseman shall give a written notice to the person on whose account the goods are held, and to any other person known by the warehouseman to claim an interest in the goods. Such notice shall be given by delivery in person or by registered letter addressed to the last known place of business or abode of the person to be notified. The notice shall contain-

      (a) An itemized statement of the warehouseman’s claim, showing the sum due at the time of the notice and the date or dates when it became due.

      (b) A brief description of the goods against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than ten days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and

      (d) A statement that unless the claim is paid within the time specified the goods will be advertised for sale and sold by auction at a specified time and place.

      In accordance with the terms of a notice so given, a sale of the goods by auction may be had to satisfy any valid claim of the warehouseman for which he has a lien on the goods. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice to the depositor has elapsed, an advertisement of the sale, describing the goods to be sold, and stating the name of the owner or person on whose account the goods are held, and the time and place of the sale, shall be published once a week for two consecutive weeks in a newspaper published in the place where such sale is to be held. The sale shall not be held less than fifteen days from the time of the first publication. If there is no newspaper published in such place, the advertisement shall be posted at least ten days before such sale in not less than six conspicuous places therein.

      From the proceeds of such sale the warehouseman shall satisfy his lien, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of such proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound to deliver or justified in delivering the goods.

      At any time before the goods are so sold any person claiming a right of property or possession therein may pay the warehouseman the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The warehouseman shall deliver the goods to the person making such payment if he is a person entitled, under the provisions of this act, to the possession of the goods on payment of charges thereon. Otherwise the warehouseman shall retain possession of the goods according to the terms of the original contract of deposit.

      Sec. 34.  If goods are of a perishable nature, or by keeping will deteriorate greatly in value, or by their odor, leakage, inflammability, or explosive nature, will be liable to injure other property, the warehouseman may give such notice to the owner, or to the person in whose name the goods are stored, as is reasonable and possible under the circumstances, to satisfy the lien upon such goods, and to remove them from the warehouse, and in the event of the failure of such person to satisfy the lien and to remove the goods within the time so specified, the warehouseman may sell the goods at public or private sale without advertising. If the warehouseman after a reasonable effort is unable to sell such goods, he may dispose of them in any lawful manner, and shall incur no liability by reason thereof. The proceeds of any sale made under the terms of this section shall be disposed of in the same way as the proceeds of sales made under the terms of the preceding section.

      Sec. 35.  The remedy for enforcing a lien herein provided does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the warehouseman’s claim as shall not be paid by the proceeds of the sale of the property.

      Sec. 36.  After goods have been lawfully sold to satisfy a warehouseman’s lien, or have been lawfully sold or disposed of because of their perishable or hazardous nature, the warehouseman shall not thereafter be liable for failure to deliver the goods to the depositor, or owner of the goods, or to a holder of the receipt given for the goods when they were deposited, even if such receipt be negotiable.

      Sec. 37.  A negotiable receipt may be negotiated by delivery-

      (a) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the bearer, or

      (b) Where, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the receipt has indorsed it in blank or to bearer.

      Where, by the terms of a negotiable receipt, the goods are deliverable to bearer or where a negotiable receipt has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the receipt shall thereafter be negotiated only by the indorsement of such indorsee.

Lien, how satisfied before final sale

Concerning perishable goods

When warehouseman not liable

Receipt how negotiated by delivery

Receipt negotiated by endorsement

Transfer of receipt

Negotiable receipt, how negotiated

What negotiable receipt transfers

What transferred receipt includes

case the receipt shall thereafter be negotiated only by the indorsement of such indorsee.

      Sec. 38.  A negotiable receipt may be negotiated by the indorsement of the person to whose order the goods are, by the terms of the receipt, deliverable. Such indorsement may be in blank, to bearer or to a specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank, to bearer or to another specified person. Subsequent negotiation may be made in like manner.

      Sec. 39.  A receipt which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. A non-negotiable receipt cannot be negotiated, and the indorsement of such a receipt gives the transferee no additional right.

      Sec. 40.  A negotiable receipt may be negotiated-

      (a) By the owner thereof; or

      (b) By any person to whom the possession or custody of the receipt has been entrusted by the owner, if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of the person to whom the possession or custody of the receipt has been entrusted, or if at the time of such entrusting the receipt is in such form that it may be negotiated by delivery.

      Sec. 41.  A person to whom a negotiable receipt has been duly negotiated acquires thereby-

      (a) Such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the depositor or person to whose order the goods were to be delivered by the terms of the receipt had or had ability to convey to a purchaser in good faith for value, and

      (b) The direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt as fully as if the warehouseman had contracted directly with him.

      Sec. 42.  A person to whom a receipt has been transferred but not negotiated, acquires thereby, as against the transferor, the title of the goods, subject to the terms of any agreement with the transferor.

      If the receipt is non-negotiable such person also acquires the right to notify the warehouseman of the transfer to him of such receipt, and thereby to acquire the direct obligation of the warehouseman to hold possession of the goods for him according to the terms of the receipt.

      Prior to the notification of the warehouseman by the transferor or transferee of a non-negotiable receipt, the title of the transferee to the goods and the right to acquire the obligation of the warehouseman may be defeated by the levy of an attachment or execution upon the goods by a creditor of the transferor, or by a notification to the warehouseman by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.

transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.

      Sec. 43.  Where a negotiable receipt is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the receipt, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.

      Sec. 44.  A person who for value negotiates or transfers a receipt by indorsement or delivery, including one who assigns for value a claim secured by a receipt, unless a contrary intention appears, warrants-

      (a) That the receipt is genuine,

      (b) That he has a legal right to negotiate or transfer it,

      (c) That he has knowledge of no fact which would impair the validity or worth of the receipt, and

      (d) That he has a right to transfer the title to the goods and that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented thereby.

      Sec. 45.  The indorsement of a receipt shall not make the indorser liable for any failure on the part of the warehouseman or previous indorsers of the receipt to fulfil their respective obligations.

      Sec. 46.  A mortgagee, pledgee, or holder for security of a receipt who in good faith demands or receives payment of the debt for which such receipt is security, whether from a party to a draft drawn for such debt or from any other person, shall not by so doing be deemed to represent or to warrant the genuineness of such receipt or the quantity or quality of the goods therein described.

      Sec. 47.  The validity of the negotiation of a receipt is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the receipt was induced by fraud, mistake, or duress to entrust the possession or custody of the receipt to such person, if the person to whom the receipt was negotiated, or a person to whom the receipt was subsequently negotiated, paid value therefor, without notice of the breach of duty, or fraud, mistake or duress.

      Sec. 48.  Where a person having sold, mortgaged, or pledged goods which are in a warehouse and for which a negotiable receipt has been issued, or having sold, mortgaged, or pledged the negotiable receipt representing such goods, continues in possession of the negotiable receipt, the subsequent negotiation thereof by that person under any sale, or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, mortgage or pledge, shall have the same effect as if the first purchaser of the goods or receipt had expressly authorized the subsequent negotiation.

What transfer of receipt warrants

Indorser not liable, when

Pledgee does not warrant genuineness of receipt

Validity not impaired, when

Effect of sale or mortgage of goods

Rights of purchaser in good faith not defeated, when

False receipt, when issue of is crime

False statement in receipt punished

Fraudulent receipts, issue of, how punished

Other fraudulent acts, crimes

Unlawful delivery of goods a crime

the goods or receipt had expressly authorized the subsequent negotiation.

      Sec. 49.  Where a negotiable receipt has been issued for goods, no seller’s lien or right of stoppage in transitu shall defeat the rights of any purchaser for value in good faith to whom such receipt has been negotiated, whether such negotiations be prior or subsequent to the notification to the warehouseman who issued such receipt of the seller’s claim to a lien or right of stoppage in transitu. Nor shall the warehouseman be obliged to deliver or justified in delivering the goods to an unpaid seller unless the receipt is first surrendered for cancelation.

      Sec. 50.  A warehouseman, or any officer, agent, or servant of a warehouseman, who issues or aids in issuing a receipt knowing that the goods for which such receipt is issued have not been actually received by such warehouseman, or are not under his actual control at the time of issuing such receipt, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

      Sec. 51.  A warehouseman, or any officer, agent or servant of a warehouseman, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

      Sec. 52.  A warehouseman, or any officer, agent or servant of a warehouseman, who issues or aids in issuing a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word “Duplicate,” except in the case of a lost or destroyed receipt after proceedings as provided for in section 14, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars or by both.

      Sec. 53.  Where there are deposited with or held by a warehouseman goods of which he is owner, either solely or jointly or in common with others, such warehouseman, or any of his officers, agents, or servants who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state such ownership, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

      Sec. 54.  A warehouseman, or any officer, agent, or servant of a warehouseman who delivers goods out of the possession of such warehouseman, knowing that a negotiable receipt the negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections 14 and 36, be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled, without obtaining the possession of such receipt at or before the time of such delivery, shall, except in the cases provided for in sections 14 and 36, be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

      Sec. 55.  Any person who deposits goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable receipt which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

      Sec. 56.  In any case not provided for in this act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern.

      Sec. 57.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 58.  (1) In this act, unless the context or subject-matter otherwise requires-

      “Action” includes counter-claim, set-off, and suit in equity.

      “Delivery” means voluntary transfer of possession from one person to another.

      “Fungible goods” means goods of which any unit is, from its nature or by mercantile custom, treated as the equivalent of any other unit.

      “Goods” means chattels or merchandise in storeage, or which has been or is about to be stored.

      “Holder” of a receipt means a person who has both actual possession of such receipt and a right of property therein.

      “Order” means an order by indorsement on the receipt.

      “Owner” does not include mortgagee or pledgee.

      “Person” includes a corporation or partnership or two or more persons having a joint common interest.

      To “purchase” includes to take as mortgagee or as pledgee.

      “Purchaser” includes mortgagee and pledgee.

      “Receipt” means a warehouse receipt.

      “Value” is any consideration sufficient to support a simple contract. An antecedent or preexisting obligation, whether for money or not, constitutes value where a receipt is taken either in satisfaction thereof or as security therefor.

      “Warehouseman” means a person lawfully engaged in the business of storing goods for profit.

Deposit of goods by one who has no title a crime

Rules of law and equity to govern

Definition of terms used in this act

Not retroactive

Repeal

Title of act

      (2) A thing is done “in good faith” within the meaning of this act, when it is in fact done honestly, whether it be done negligently or not.

      Sec. 59.  The provisions of this act do not apply to receipts made and delivered prior to the taking effect of this act.

      Sec. 60.  All acts or parts of acts inconsistent with this act are hereby repealed.

      Sec. 61.  This act shall be known as the Warehouse Receipts Law.

Truckee river district divided into two districts

District No. 1

District No. 2

Fish laws for first district

Chap. 270–An Act to provide for the protection and preservation of trout and other fish in the waters of the State of Nevada and other matters pertaining thereto, and to state in part what shall be evidence of its violation, and to prescribe penalties for its violation, and to provide for its enforcement, and to repeal all acts and parts of acts in conflict herewith.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  For the purposes to be specified within this act, all the waters of the Truckee river, including its tributaries and the waters to which it is tributary, lying within the boundaries of the State of Nevada, shall be divided into two distinct and separate districts or subdivisions, said districts or subdivisions to be known and specified in the provisions of this act as Truckee river district number one and Truckee river district number two.

      Sec. 2.  Truckee river district number one shall consist of all the waters of the Truckee river, together with its tributaries lying west of the point commonly known and designated as the government dam in the vicinity of Derby and extending to the boundary line of the State of Nevada, and the State of California.

      Sec. 3.  Truckee river district number two shall consist of all the waters of the Truckee river and the waters to which it is tributary, lying east of the point commonly known and designated as the government dam in the vicinity of Derby.

      Sec. 4.  It shall be unlawful for any person, or persons, firm, company, or corporation, to take, catch or kill, or to attempt to take, catch or kill, any river trout, lake trout, or brook trout, whitefish, or land locked salmon, royal chinook salmon, or large-mouthed or small-mouthed black bass, in or from any, excepting the waters of Truckee river district number two, of the streams, lakes, rivers or other waters of the State of Nevada, between the sixteenth (16th) day of October of each year and the thirtieth (30th) day of April of the succeeding year, both dates being included.

      Sec. 5.  It shall be unlawful for any person, persons, firm, company, or corporation, to take, catch, or kill, or to attempt to take, catch or kill, any river trout, lake trout, or brook trout, whitefish, land-locked salmon, royal chinook salmon, or large-mouthed or small-mouthed black bass, in or from any of the waters of the Truckee river district number two, between the sixteenth (16th) day of February of each year, and the thirtieth (30th) day of the following April, both dates being included.

      Sec. 6.  It shall be unlawful for any person or persons, firm, company or corporation to take, catch, or kill, or to attempt to take, catch or kill, in or from any stream, lake or river, or any other waters of the State of Nevada, any trout, salmon or whitefish, bass, perch or any other fish of any species whatever, with any seine, net, spear, set line, set hooks, grab-hook, trot-line or snag-line, or in the manner known as snagging, or with any weir-fence, trap, giant powder or any other explosive, or explosive compound, or with or by means of any bait constituted or prepared in whole or in part of or from the spawn, eggs, or ova of trout, salmon or of any other species of fish whatever, or with or by any means whatever except with hook and line attached to a rod held in the hands and in the manner known as angling; that is, with baited hook, fly hook, spoon hook, or other angler’s lure.

      Sec. 7.  It shall be unlawful for any person or persons, firm, company or corporation, to kill or to retain in his, their, or its possession any lake trout, river trout, land-locked salmon or royal chinook salmon taken from the waters of this state less than seven inches in length; or any large-mouthed or small-mouthed black bass, less than eight inches in length, or any red-spotted eastern brook trout (Salvelinus fontinalis) less than six inches in length.

      Sec. 8.  It shall be unlawful for any person or persons, railroad, railway company or corporation, express company, stage line, transportation company, or any common carrier in the State of Nevada, to accept or to receive for shipment or for transportation from any one person or in the name of any one firm, company, or association, in any one calendar day, more than ten pounds of trout, land-locked salmon, or royal chinook salmon, or of large-mouthed or small-mouthed black bass, taken or caught in or from any of the waters of the State of Nevada; provided, that nothing in this section shall be so construed as to prevent the shipment, or receipt or acceptance of ten trout on one calendar day from any single consignor, and it shall be unlawful for any person, persons, firm, company, association, or corporation, transportation company, or common carrier, to offer or present or to receive or accept for shipment, carriage, or transportation, any box, bundle, package, basket, or other container whatsoever, in which are enclosed any of the fishes herein specified unless the box, bundle, basket, package, or other container aforesaid shall be so wrapped, tied or constructed that it shall be easily opened for inspection or examination and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor thereof, and the name and address of the consignee; and false statement on the aforesaid label, either as to contents enclosed, or as to the true name or address of the consignor thereof or of the consignee, shall be construed as a violation of this act.

Fish laws for second district

Fish to be taken only with hook and line

Unlawful to catch fish under certain lengths

Regulation of transportation companies

Amount in one day limited

Proviso

Packages subject to inspection

Ten pounds of certain fish the limit

But ten fish allowed

Certain fishing prohibited within 100 feet of fishway

Certain fishing prohibited within one mile of U.S. dam

Night fishing prohibited

Peace officers to enforce act

May enter and inspect premises, etc.

ination and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor thereof, and the name and address of the consignee; and false statement on the aforesaid label, either as to contents enclosed, or as to the true name or address of the consignor thereof or of the consignee, shall be construed as a violation of this act.

      Sec. 9.  It shall be unlawful for any person or persons, firm, company, or corporation, to take, catch, or kill from any of the waters of the State of Nevada or to have in his, their or its possession, on any one calendar day, more than ten pounds of trout, or of land-locked salmon, or royal chinook salmon, or large-mouthed or small-mouthed black bass, or whitefish caught in the waters of this state; provided, that nothing in this act shall be so interpreted as to prevent or to prohibit the taking of ten trout, or salmon, or other fish specified in this act.

      Sec. 10.  It shall be unlawful for any person or persons in the State of Nevada, at any time, or season, to take, catch, or kill or to attempt so to take, catch, or kill, any lake trout, river trout, brook trout, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass, or any other species of fish, whatever, within the distance of one hundred feet above or below, any dam, in this state containing a fish-way or fish ladder.

      Sec. 11.  It shall be unlawful for any person or persons, firm, company, or corporation in the State of Nevada, to take, catch, or kill, or to attempt to take, catch or kill, any lake trout, river trout, brook trout, land-locked salmon, royal chinook salmon, whitefish, large-mouthed or small-mouthed black bass, or any other fish of any species whatever, at any time, or season, whatever, within a distance of one mile below any dam of the United States reclamation service containing a fish-way or fish ladder and lying within the State of Nevada.

      Sec. 12.  It shall be unlawful for any person or persons, firm, company or corporation in the State of Nevada, to take, catch, or kill, or attempt to take, catch, or kill, any lake trout, river trout, or brook trout, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass, or any other fish, or any species whatever from any of the waters of the State of Nevada, on any calendar day after two hours after sunset, and on any calendar day before one hour before sunrise.

      Sec. 13.  The members of the Nevada state police, and every fish or game warden, throughout the state, and every sheriff and constable, in his respective county, is and are hereby authorized and required to enforce this act and to seize any game or fish, taken or held in possession in violation of this act, and he or they shall have full power and authority, and it shall be the duty of every such officer with or without a warrant, to open, enter, or examine all camps, wagons, cars, automobiles, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, baskets, and packages, where he has reason to believe any fish taken or held in violation of any of the provisions of this act is or are to be found, and to seize the same; provided, that a dwelling-house actually occupied can be entered for examination only in pursuance of a warrant.

houses, stables, barns, and other places, boxes, barrels, baskets, and packages, where he has reason to believe any fish taken or held in violation of any of the provisions of this act is or are to be found, and to seize the same; provided, that a dwelling-house actually occupied can be entered for examination only in pursuance of a warrant.

      Sec. 14.  In case Indians or any other persons in the State of Nevada shall engage in the killing of trout or other fishes in violation of any of the provisions of this act, and shall be in such numbers as to be beyond the reasonable power of any fish or game warden to control, or in case of forcible resistance to the enforcement thereof, it shall be the duty of the sheriffs of the county or counties where such violation exists, upon the demand of any warden, to aid him in the enforcement of this act, and to call to his assistance at once a sufficient number of persons to enforce the same promptly and effectually; or if by him deemed necessary, said warden may call such assistance without the intervention of the sheriff. The failure without good cause of any person or persons to respond and to render such assistance shall be deemed a violation of this act.

      Sec. 15.  Any person or persons, firm, company, or corporation, association, or common carrier in this state who shall violate 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 dollars, nor more than five hundred dollars, or by imprisonment 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 a prosecution for violation of any of the provisions of this act, that the trout or other fish in question were taken or killed outside the State of Nevada; nor shall it be any defense, in any prosecution for violation of any of the provisions of this act, that the trout or fish were taken or killed by one other than he in whose possession said trout or other fish were found. The act of passing a line into or on any of the waters of the State of Nevada, as though in the act of fishing, shall be in itself sufficient evidence of an attempt to take or to catch fish within the meaning of this act. The presence in or on the body, in flank, back, or belly, of any of the fishes herein specified of deep incised wounds, or cuts, such as are made by spears, grab-hooks, trout-hooks, or snag-hooks, shall be construed as in itself sufficient evidence that the said fish were taken in violation of the provisions of this act.

      Sec. 16.  Nothing in this act shall be so construed as to prohibit the taking of trout, or other fish, by the rightful owners thereof or by their agents in any number, at any season whatever, from the waters of private ponds by them constructed or maintained for the purpose of raising trout or other fishes or of their fry or ova, from private hatcheries lying wholly or in part within the State of Nevada.

Exception

Aid of citizens may be invoked, when

Penalties for violation

What constitutes violation

Certain exemptions

May be taken for breeding or scientific purposes

Repeal

All sections of this act declared independent

      Sec. 17.  Nothing in this act shall be so construed as to hinder or to prevent or prohibit the taking of trout or of other fishes, of their fry, eggs, or ova, at any time, in any manner or by any means, or in any suitable place or location by the Nevada fish commission or by their agents or by any one whom they may authorize for the purpose of breeding or propagation, or of scientific study or investigation.

      Sec. 18.  All acts and parts of acts in conflict with any of the provisions of this act are hereby repealed.

      Sec. 19.  If in connection with any prosecution for violation of any of the provisions of this act, or in any other way any section of this act shall be hereafter adjudged unconstitutional, or inoperative, or invalid, and of no force and effect, then the unconstitutionality, invalidity, or inefficiency of said section shall not extend to any other section or sections of this act, which are not so adjudged unconstitutional, inoperative, invalid, or inefficient, nor to the constitutional validity, or the force and effect of the entire act.

Regulating placing of electric wires

Provisos regarding telephone and telegraph wires

Chap. 271–An Act regulating the placing, erection, use and maintenance of electric poles, wires, cables and appliances, conferring jurisdiction of this act upon the public service commission of the State of Nevada, authorizing said commission to make and enforce rules and regulations in addition to this act, and providing the punishment for the violation of the provisions of this act.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  No commission, officer, agent or employee of the State of Nevada, or of any city and county or city or county or other political subdivision thereof, and no other person, firm or corporation shall

      (a) Run, place, erect, or maintain any wire, cable, or other conductor used to conduct or carry electricity on any pole or on any crossarm, bracket, or other appliance attached to such pole within a distance of sixteen (16) inches from the center line of said pole; provided, that the foregoing provisions of this paragraph (a) shall be held not to apply to one or two telephone or telegraph cables attached directly to one side of the pole and which are at least six (6) feet, at point of attachment, from any wire, cable or other conductor carrying at any one time more than six hundred (600) volts of electricity; and further provided, that the foregoing provisions shall be held not to apply to telephone, telegraph or other “signal” wires or cables, which are attached to a pole to which is attached no wires or cables other than telephone, telegraph or other “signal” wires; nor shall the foregoing provisions be held to apply to such wires or cables in cases where the same are run from underground and placed vertically on poles, nor to “bridle” or “jumper” wires on any pole which are attached to telephone, telegraph or other “signal” wires on the same pole; nor to any “aerial” cable as between such cable and any pole on which it originates or terminates; nor to transformers placed upon poles, nor to any wire or cable where the same is attached to the top of the pole as between it and the said pole, nor to any “aerial” cable containing telephone, telegraph or other “signal” wires where the same is attached to a pole on which no other wires or cables and wires continuing from said cable are maintained; provided, that electric light or power wires or cables are in no case maintained on the same side of the street or highway on which said “aerial” cable is placed.

wires or cables in cases where the same are run from underground and placed vertically on poles, nor to “bridle” or “jumper” wires on any pole which are attached to telephone, telegraph or other “signal” wires on the same pole; nor to any “aerial” cable as between such cable and any pole on which it originates or terminates; nor to transformers placed upon poles, nor to any wire or cable where the same is attached to the top of the pole as between it and the said pole, nor to any “aerial” cable containing telephone, telegraph or other “signal” wires where the same is attached to a pole on which no other wires or cables and wires continuing from said cable are maintained; provided, that electric light or power wires or cables are in no case maintained on the same side of the street or highway on which said “aerial” cable is placed.

      (b) Run, place, erect or maintain in the vicinity of any pole (and unattached thereto) within the distance of sixteen (16) inches from the center line of said pole, any wire, cable or other conductor used to conduct or carry electricity, or place, erect or maintain any pole (to which is attached any wire, cable or other conductor used to conduct or carry electricity) within the distance of sixteen (16) inches (measured from the center of such pole) from any wire, cable or other conductor used to conduct or carry electricity; provided, that as between any wire, cable or other conductor and any pole, as in this paragraph (b) named, only the wire, cable or other conductor or pole last in point of time run, placed or erected, shall be held to be run, placed, erected or maintained in violation of the provisions of this paragraph; and further provided, that the provisions of this paragraph (b) shall not be held to apply to telephone, telegraph or other “signal” wires or cables.

      (c) Run, place, erect or maintain, above ground, within the distance of four (4) feet from any wire, cable or other conductor conducting or carrying less than six hundred volts of electricity, any wire, cable or other conductor which shall conduct or carry at any one time more than six hundred volts of electricity, or run, place, erect or maintain within the distance of four (4) feet from any wire, cable or other conductor which shall conduct or carry at any one time more than six hundred volts of electricity, any wire, cable or other conductor conducting or carrying less than six hundred volts of electricity; and further provided, that wires, cables or other conductors carrying more than six hundred volts of electricity may be placed on the same cross-arm with wires, cables or other conductors carrying less than six hundred volts of electricity, if the space between any wire, cable or other conductor carrying or conducting at one time more than six hundred volts of electricity and any wire, cable or other conductor carrying less than said voltage shall be at least thirty-two (32) inches clear measurement in a horizontal line, and four (4) feet in a vertical direction; provided,

Regulating placing of electric wires

Regulating placing of electric wires

vided, that the foregoing provisions of this paragraph (c) shall be held not to apply to any wires, cables or other conductors attached to a transformer, arc or incandescent lamp within a distance of four (4) feet (measured along the line of said wire, cable or other conductor) from the point where such wire, cable or other conductor is attached to such transformer, arc or incandescent lamp, nor to wires, cables or other conductors within buildings or other structures nor to wires, cables or other conductors where the same are run from underground and placed vertically on poles, nor to any “lead” wires or cables between the point where the same are made to leave any pole for the purpose of entering any building or other structure, and the point at which they are made to enter such building or structure, nor to any circuit installed for the purpose of leading off or “bucking” from a circuit where it is impracticable to maintain wires otherwise than in a level position; provided, however, that at all times a clearance of not less than two (2) feet in a vertical direction at point of crossing is maintained between wires, cables or other conductors carrying at any time more than six hundred volts of electricity and wires, cables or other conductors carrying less than six hundred volts of electricity; and provided further, that as between any two wires, cables or other conductors, or any wire, cable or other conductor run, placed, erected or maintained in violation of the provisions of this paragraph (c), only the wire, cable or other conductor last in point of time run, placed, erected or maintained shall be held to be run, placed, erected or maintained thus in violation of said provision.

      (d) Run, place, erect or maintain, any wire, cable or other conductor which shall conduct or carry at any one time more than six hundred volts of electricity, without causing each cross-arm, or such other appliance as may be used in lieu thereof, to which such wire, cable or other conductor is attached to be kept at all times painted a bright-yellow color; or, on such cross-arm, or other appliance used in lieu thereof, shall be placed enameled iron signs, providing, in white letters on a green background, the words “High Voltage,” and these letters shall not be less than three (3) inches in height, and said signs shall be securely fastened on the face and back of each cross-arm. The provisions of this paragraph (d) shall not be held to apply to cross-arms to which are attached wires, cables or other conductors carrying or conducting more than fifteen thousand (15,000) volts of electricity.

      (e) Run, erect, place or maintain any “guy” wire or “guy” cable attached to any pole or appliance to which is attached any wire, cable or other conductor used to conduct or carry electricity without causing said “guy” wire or “guy” cable to be effectively insulated at all times at a distance of not less than four (4) feet nor more than eight (8) feet (measured along the line of said wire, cable or other conductor) from the upper end thereof,

end thereof, and at a point not less than eight (8) feet vertically above the ground from the lower end thereof; and provided further, that whenever two or more “guy” wires or “guy” cables are attached to same pole and same anchorage, there shall be at least one (1) foot vertical space between the points of attachment; and further provided, that no insulation shall be required at the lower end of a “guy” wire or “guy” cable where the same is attached to a grounded anchor; and provided further, that where “guy” is attached to a pole or structure of steel or other conducting material, which is thoroughly grounded, no insulation shall be required at any point in said guy; none of the provisions of this paragraph (e) shall be held to apply to “guy” wires or “guy” cables attached to poles carrying no wire, cable or other conductor other than telephone, telegraph or other “signal” wire or cable.

      (f) Run, place, or erect, or maintain, vertically on any pole, any wire, cable or other conductor used to conduct or carry electricity, without causing such wire, cable or other conductor to be at all times wholly encased in casing equal in durability and insulating efficiency to a wooden casing not less than one and one-half (1 1/2) inches thick. The provisions of this paragraph (f) shall not be held to apply to vertical telephone, telegraph or other “signal” wires or cables on poles where no other than such wires or cables are maintained.

      (g) Place, erect or maintain on any pole, or on any cross-arm or other appliance on said pole, which carries or upon which is placed an electric arc lamp, any transformer for transforming electric currents.

      Sec. 2.  None of the provisions of the preceding section shall be held to apply to “direct current” electric wires, cables or other conductors having the same polarity, nor to “signal” wires when no more than two (2) of such “signal” wires are attached to any one pole; provided, that none of such “direct current” or “signal” wires shall in any case be run, placed, erected or maintained within the distance of sixteen (16) inches from the center line of any pole (other than the pole or poles on which said wires, cables or other conductors are carried) carrying electric wires, cables or other conductors; and provided further, that as between any two wires, cables or other conductors, or any wire, cable or other conductor run, placed, erected or maintained in violation of the provisions of this section (2) only the wire, cable or other conductor last in point of time run, placed, erected or maintained shall be held to be run, placed, erected or maintained thus in violation of said provisions.

      Sec. 3.  No commission, officer, agent or employee of the State of Nevada, or of any city and county or city or county or other political subdivision thereof, and no other person, firm or corporation shall run, place, erect or maintain any “span” wire attached to any wire, cable or other conductor used to conduct or carry electricity, without causing said “span” wire to be at all times effectively insulated between the outer point at which it is in any case fastened to the pole or other structure by which it is hung or supported, and at the point at which it is in any case thus attached; provided, that such insulation shall not in any case be placed less than two (2) feet or more than four (4) feet from said point at which said “span” wire is so attached.

Regulating placing of electric wires

Exceptions as to application of act

Further specific regulations

Public service commission to facilitate enforcement

Proviso

Penalty for violation

Each section of this act declared independent

Repeal

In effect, when

“span” wire to be at all times effectively insulated between the outer point at which it is in any case fastened to the pole or other structure by which it is hung or supported, and at the point at which it is in any case thus attached; provided, that such insulation shall not in any case be placed less than two (2) feet or more than four (4) feet from said point at which said “span” wire is so attached.

      Sec. 4.  The public service commission of the State of Nevada shall do all things necessary and convenient for the enforcement of the provisions of this act, and shall make and prescribe such rules, regulations and course of procedure for the enforcement of the provisions of this act as such commission shall deem necessary and proper, and upon application by any person or persons either in writing or in person, they shall make such further rules and regulations regarding the construction, maintenance and operation of the plants and devices used to generate and distribute electricity in this state, as may appear necessary and reasonable to them, which procedure, rules and regulations shall have the same force and effect as this act; provided, that nothing in this act shall be construed as vesting judicial powers in said commission or as denying to any person, firm, association, municipality, county, town or village the right to test in a court of competent jurisdiction the legality or reasonableness of any final orders made by the commission in the exercise of its duties and powers.

      Sec. 5.  Any violation of any of the provisions of this act shall be deemed a misdemeanor and shall be punishable upon conviction by a fine of not exceeding five hundred dollars ($500), or by imprisonment in a county jail not exceeding six (6) months, or by both such fine and imprisonment.

      Sec. 6.  Each section of this act and every part of each section are hereby declared to be independent sections and parts of sections, and the holding of any section or part of section to be void or inoperative for any cause shall not be deemed to affect any other section thereof.

      Sec. 7.  All acts or parts of acts which are in conflict herewith are hereby repealed.

      Sec. 8.  This act shall take effect six (6) months from the date of its passage in so far as it relates to new work, and a period of five (5) years shall be allowed in which to reconstruct all existing work and construction to comply with the provisions of this act.

Chap. 272–An Act making it a misdemeanor to abandon or wilfully neglect to provide for the support and maintenance by any person, of his wife, or of his or her minor children, in destitute or necessitous circumstances.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  Every person who shall, without good cause, abandon his wife and neglect and refuse to maintain and provide for her, or who shall abandon his or her minor child or children under the age of fifteen years, in destitute or necessitous circumstances, and wilfully neglect or refuse to maintain or provide for such child or children, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars, or by imprisonment in the county jail for not less than one month or more than twelve months, or by both such fine and imprisonment; and should a fine be imposed it may be directed by the court to be paid, in whole or in part, to the wife, or to the guardian or custodian of the minor child or children; provided, that before the trial (with the consent of the defendant), or after conviction, instead of imposing the punishment hereinbefore provided, or in addition thereto the court in its discretion, having regarded the circumstances and financial ability of the defendant, shall have the power to pass an order, which shall be subject to change by it from time to time as the circumstances may require, directing the defendant to pay a certain sum weekly for one year to the wife, guardian or custodian of the minor child or children, and to release the defendant from the custody, on probation, for the space of one year upon his or her entering into a recognizance, with or without sureties, in such sums as the court may direct. The condition of the recognizance shall be such that if the defendant shall make his or her personal appearance in court whenever ordered to do so within a year, and shall further comply with the terms of the order, then the recognizance shall be void, otherwise of full force and effect. If the court be satisfied by information and due proof, under oath, that at any time during the year the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original indictment, or sentence him or her under the original conviction, as the case may be. In a case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part to the wife, guardian or custodian of the minor child or children.

      Sec. 2.  No other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children, than is or shall be required to prove said facts in a civil action, and such wife shall be a competent witness to testify in any case brought under this act, and to any and all matters relevant thereto, including the fact of such marriage and the parentage of such child or children.

Misdemeanor to wilfully neglect to provide for wife or child

Proviso

Discretion of court

Defendant may be released upon recognizance

What constitutes evidence

Repeal

shall be required to prove said facts in a civil action, and such wife shall be a competent witness to testify in any case brought under this act, and to any and all matters relevant thereto, including the fact of such marriage and the parentage of such child or children.

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

Amending dental practice act

Examination for practitioners

Registered, when

Limited examination, when

Chap. 273–An Act to amend section seven of an act entitled “An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada, providing penalties for the violation hereof, and to repeal an act now in force relating to the same, and known as ‘An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada,’ approved March 16, 1896.”

[Approved March 26, 1913]

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

Assembly, do enact as follows:

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

      Section 7.  Said board shall examine all applicants for examination who shall furnish satisfactory evidence of having complied with the provisions of this act, relating to qualification for examination, and all persons satisfactorily passing such examinations shall be granted by said board a license to practice dentistry in the State of Nevada. The examination of applicants shall be elementary and practical in character, but sufficiently thorough to test the fitness of the candidate to practice dentistry. It shall include, written in the English language, questions on the following subjects: Anatomy, physiology, chemistry, materia medica, therapeutics, metallurgy, histology, pathology, operative and prosthetic dentistry, hygiene and dental jurisprudence. The answers to which shall be written or oral in the English language. Demonstrations of the applicant’s skill in operative and prosthetic dentistry must also be given. All persons successfully passing such examinations shall be registered as licensed dentists on the board register, as provided in section 3, and shall also receive a certificate of such registration; said certificate to be signed by the president and secretary of said board. In no case shall any applicant be examined or given a certificate who is not twenty-one years of age. Any ethical person, who can furnish to the said board of examiners a certificate from the state board of dental examiners, or similar body, of some other state in the United States, showing that he or she has been a licensed practitioner of dentistry in that state for at least fifteen years shall be examined in the following subjects only: Operative and prosthetic dentistry.

of dentistry in that state for at least fifteen years shall be examined in the following subjects only: Operative and prosthetic dentistry. Demonstrations of such applicant’s skill in operative and prosthetic dentistry must also be given.

Chap. 274–An Act in relation to the installation of instruments by telephone companies doing business in this state, and providing a penalty for the violation thereof.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  Upon the application in writing of the owner or occupant of any building or premises located within a telephone exchange district distant not more than two hundred feet from any wire or supply except ones used in interstate service of any telephone company or corporation, and payment by the applicant of all money due from him, the company or corporation must install and place in proper position, all necessary instruments and appliances, and furnish and supply necessary electric energy and power for use in operating said telephone instruments in such building or premises, and cannot refuse on the ground of any indebtedness of any former owner or occupant thereof, unless the applicant has undertaken to pay the same, nor require any deposit or payment in advance; provided, however, any such corporation may at its option require such applicant to execute a bond to such corporation in a sum not to exceed five dollars with one surety thereon who is a freeholder of the county within which said premises are located conditioned for the payment of any indebtedness due or to become due such corporation by reason of any such service, which bond shall be prepared by such corporation requiring the same.

      If for the space of thirty days after such application, the company or corporation refuses or neglects to provide and install such instruments and furnish services required, it must pay to the applicant the sum of fifty dollars as liquidated damages, and five dollars per day as liquidated damages for every day such refusal or neglect continues thereafter.

Telephone companies must install instrument under certain conditions

Bond of $5 must be required of user

Penalty for failure

Concrete walks for capitol grounds

Commissioners to act

In effect

Chap. 275–An Act to provide for the construction of concrete walks in and upon the capitol grounds, and providing an appropriation therefor.

[Approved March 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  The sum of two thousand ($2,000) dollars, or so much thereof as is necessary, is hereby appropriated out of any money of the general fund in the Nevada state treasury, not otherwise appropriated, for the purpose of constructing concrete walks in and upon the state capitol grounds in the city of Carson, Ormsby County, Nevada.

      Sec. 2.  The board of capitol commissioners shall have the power to prepare plans and specifications and to prepare for the immediate construction of such concrete walks, and all claims for labor and material furnished shall be approved by such board of capitol commissioners, and audited and paid as other claims against the state.

      Sec. 3.  This act shall take effect immediately upon its passage and approval.

Persons and companies liable for misrepresenting their ability to pay wages

Penalty

Repeal

Chap. 276–An Act to prevent the obtaining of labor under false representation or pretense, and prescribing a penalty therefor.

[Approved March 27, 1913]

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

Assembly, do enact as follows:

      Section 1.  Any person, persons, partnership, association, company, or corporation (his or its officers, directors or agents), who or which shall employ upon wages any person or persons in any occupation, and who or which at the time of employing such person or persons shall make any false representation or pretenses as to having sufficient funds to pay such wages, and who after labor has been done under such employment by said employee or employees shall fail upon the discharge or resignation of such employee or employees, for a period of five days after such wages are legally payable, to pay said employee or employees on demand the wages due said employee or employees for such labor, shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be punishable by imprisonment in the county jail not to exceed six months, or by a fine not exceeding five hundred dollars ($500), or by both such fine and imprisonment.

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

Chap. 277–An Act to prevent the dissemination of disease among apiaries; to provide for the appointment of an inspector, and to define his duties and compensation, and repeal all other acts and parts of acts in relation thereto.

[Approved March 27, 1913]

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 wherein bees are kept, are hereby authorized, upon the petition of three or more bee owners, to appoint an inspector of apiaries to hold office during the pleasure of said board.

      Sec. 2.  The said inspector shall serve without compensation, except such sum as may be contributed by persons interested in the enforcement of this act.

      Sec. 3.  It shall be the duty of such inspector to inspect all the apiaries within the county once each year between the first day of May and the fifteenth day of June, and at such other times as he shall be required by the county commissioners, and if the disease known as foul brood, European foul brood, black brood or paralysis is found to exist in any apiary the inspector shall notify the person in charge thereof and allow him to treat the infected colonies by the following treatment: The person in charge shall within ten days after having been notified by the inspector, transfer the colonies so infected into clean hives free from all comb, brood, honey or wax; and if foundation is used for starters, such starters shall not exceed one-half inch in width. All comb from such diseased colonies shall be immediately reduced to wax, and all honey, cocoons and refuse from such colonies shall be destroyed by burning the same. All hives, frames, and fixtures, in and upon which such bees have been kept shall be thoroughly renovated. The rendering of all wax and the burning of all honey, cocoons and refuse shall be done within a building properly arranged to exclude the bees therefrom.

      Sec. 4.  If any person in charge of the apiary after having been notified by the inspector, shall fail to treat such colonies by the said method within the specified time, it shall then be the duty of the inspector to immediately proceed to such apiary and destroy all hives so infected, together with the combs and bees thereon, burning the same.

      Sec. 5.  No person or persons, corporation or corporations, either as owner, carrier, agent, factor, broker, servant or employee shall bring or cause to be brought, for any purpose, into this state from any district, county, state or foreign country, or within this state to move from one county to another, any bees, in any other manner than with the eggs, broods and larvae in all its forms, of the colony or colonies so imported or transferred, or beehives containing any bee products, without giving notice of their arrival within twenty-four hours thereafter to the bee inspector of the county into which such bees have been so brought; or to sell, expose for sale, give away, remove or cause to be removed any of said bees until said notice shall have been given to the said bee inspector of said county.

Bee inspector may be appointed

Salary paid by those interested

Duties of said inspector

To destroy infected broods and hives

Inspector to be notified of importation or removal of hives and broods

Inspector to act

Notice, how given

Owner has alternative of removing infected bees or hives or having same destroyed

When bees presumed to be infected

Inspector to report

Interdictions concerning keeping and feeding bees

hours thereafter to the bee inspector of the county into which such bees have been so brought; or to sell, expose for sale, give away, remove or cause to be removed any of said bees until said notice shall have been given to the said bee inspector of said county.

      Sec. 6.   On receiving the notification mentioned in section 5 hereof, the said inspector receiving the same shall as soon as possible carefully inspect the articles relative to which said notice was served, and owner pay all expenses of inspection.

      Sec. 7.  Notice as referred to in this act must be given in person or by depositing in the postoffice a registered letter plainly addressed to the bee inspector of said county. Said notice must state the name of the consignor and consignee, the place from which removed and the place to which said articles mentioned in section 5 of this act are to be moved or kept, and the number of hives, colonies and parcels so received or proposed to be removed.

      Sec. 8.  If upon careful inspection by the said inspector any of the articles mentioned in section 5 of this act shall be found to be infested or infected with any disease detrimental or injurious to bees or the product thereof, such bees, beehives or bee products while contained in said beehives, so found to be infested or infected shall be removed from the limits of said state or county as the case may be to the place from which they were so brought within forty-eight hours thereafter at the expense of the owner, agent or shipper or shall be destroyed. The owner, agent or shipper shall have right to elect as to the removal from the state or county or to have the same destroyed under the direction of the county bee inspector.

      Sec. 9.  If any such bees shall be so brought into this state or from one county to the other without brood in all the various forms and stages, or in violation of any other of the provisions of this act, such bees so unlawfully imported or transferred shall be conclusively presumed to contain the germs of foul brood or other infectious or contagious disease and be dealt with as though such disease were discovered to exist.

      Sec. 10.  Whenever required by the county commissioners, the inspector shall make full and complete reports of all work done and inspections made by him.

      Sec. 11.  It shall be unlawful for any person to keep bees in any other than a movable frame hive. It shall be unlawful for any person to feed, or allow exposed in any place where bees may attain access thereto, except in the hives where bees are kept, any honey, either comb, extracted, broken, strained or of any other kind, or any extracting or other combs. Any persons failing to comply with the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine for the first offense of not less than twenty-five dollars, nor more than fifty dollars, and for each subsequent offense not less than fifty dollars nor more than one hundred dollars.

for each subsequent offense not less than fifty dollars nor more than one hundred dollars.

      SEC. 12.  All other acts and parts of acts in relation thereto are hereby repealed.

Penalty

Repeal

Chap. 278–An Act to provide for the conditional sale of railroad and street railway equipment or rolling stock, to regulate the making and recording of contracts therefor and declarations of the payment or performance thereof and to authorize their recordation in the office of the secretary of state.

[Approved March 27, 1913]

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

Assembly, do enact as follows:

      Section 1.  In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that title to the property sold or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. And in any contract for the leasing or hiring of such property, it shall be lawful to stipulate for a conditional sale thereof at the termination of such contract, and that the rentals or amounts to be received under such contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full, and until the terms of the contract shall have been fully performed, notwithstanding delivery to and possession by such lessee or bailee; provided, that no such contract shall be valid as against any subsequent judgment creditor or any subsequent bona fide purchaser for value and without notice, unless (1) the same shall be evidenced by an instrument executed by the parties and duly acknowledged by the vendee, lessee, or bailee, as the case may be, or duly proved before some person authorized by law to take acknowledgments of deeds, and in the same manner as deeds are acknowledged or proved: (2) such instrument shall be filed for record in the office of the secretary of state of this state; (3) each car or locomotive engine so sold, leased, or hired, or contracted to be sold, leased, or hired as aforesaid, shall have the name of the vendor, lessor, or bailor plainly marked in letters not less than one inch in size on each side thereof, followed by the word “owner,” or “lessor,” or “bailor,” as the case may be.

      Sec. 2.  The contracts herein authorized shall be filed with the secretary of state and recorded by him in a book of records to be kept for that purpose. And on payment in full of the purchase money and the performance of the terms and conditions stipulated in any such contract, a declaration in writing to that effect shall be made by the vendor, lessor, or bailor, or his or its assignee, which declaration shall be made by a separate instrument, to be acknowledged by the vendor, lessor, or bailor, or his or its assignee, and recorded as aforesaid.

Providing for conditional sale of railroads or street railways

Proviso

Contracts filed with secretary of state

Not to invalidate certain contracts

purchase money and the performance of the terms and conditions stipulated in any such contract, a declaration in writing to that effect shall be made by the vendor, lessor, or bailor, or his or its assignee, which declaration shall be made by a separate instrument, to be acknowledged by the vendor, lessor, or bailor, or his or its assignee, and recorded as aforesaid. The secretary of state shall collect and pay into the state treasury five dollars for filing each of such contracts or declarations and twenty cents per folio for recording the same.

      Sec. 3.  This act shall not be held to invalidate or affect in any way any contract heretofore made of the kind referred to in section 1 hereof, and any such contract heretofore made may, upon compliance with the provisions of this act, be recorded as herein provided.

Prevention of disease among animals, trees, plants, etc.

County quarantine inspector

Words construed

Chap. 279–An Act providing for the better prevention, control and extermination of infectious, contagious and destructive diseases, parasites and insect pests, affecting animals, poultry, bees or agricultural or horticultural plants, trees or shrubs, injurious to any industry in the state, and other matters relating thereto; and to repeal an act entitled “An act providing for the appointment of a state veterinarian, defining his duties and fixing his compensation-Governor to appoint,” approved March 15, 1905, and all acts and parts of acts in conflict with the provisions of this act.

[Approved March 31, 1913]

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

Assembly, do enact as follows:

      Section 1.  For the better prevention, control and extermination of infectious, contagious or destructive diseases, parasites or insect pests, affecting animals, poultry, bees or agricultural or horticultural plants, trees or shrubs, injurious to any industry in the state, the county commissioners of each county are authorized to appoint one competent person in their respective counties who shall be known as the county quarantine inspector.

      Said county inspector shall keep in touch with conditions in his county with respect to the purposes of this act and shall immediately advise and report to the state quarantine officer, hereinafter provided, the appearance or occurrence of any disease, parasite or insect pest, known to be, or suspected of being, injurious to any industry in the state.

      The words “plants,” as herein used, shall be construed to mean and include any and all farm, field and garden crops grown in the state. The word “trees,” as herein used, shall be construed to mean and include any and all fruit, shade and ornamental trees. The word, “shrubs,” as herein used, shall be construed to mean and include all fruit-producing, ornamental or useful shrubs and bushes.

mental or useful shrubs and bushes. The word “animals,” as herein used, shall be construed to mean and include any and all domestic animals and live stock.

      Sec. 2.  The county commissioners of each county shall fix the compensation of the county inspector of their respective counties, which shall be allowed and paid as other county bills are allowed and paid, and his term of office shall be at the pleasure of the appointing board.

      Sec. 3.  Each county inspector so appointed, within thirty days thereafter, shall district his county into such number of districts as in his judgment is necessary for efficient inspection with reference to the appearance or occurrence of any such disease, parasite or insect pest, and shall recommend to the county commissioners some competent person in each such district for appointment as district inspector therefor.

      Sec. 4.  Each district inspector, so appointed, shall perform such duties as the state quarantine officer shall prescribe and in general keep in touch with conditions in his district with respect to the purposes of this act, and shall immediately advise and report to the county inspector the appearance or occurrence of any disease, parasite or insect pest known to be, or suspected of being, injurious to any industry of the state. Such district inspectors shall serve without salary and their several terms of office shall be at the pleasure of the appointing board of county commissioners.

      Sec. 5.  It is hereby made the duty of each and every person in the state owning, possessing, or having upon his premises, or any premises under his control, lease, supervision or management, any animal or animals, poultry, bees or agricultural or horticultural plants, trees or shrubs, as heretofore defined, immediately upon the appearance thereamong of any unknown disease, or disease known to be, or which by him reasonably should be suspected of being infectious, contagious or destructive; or of any parasite or insect pest, known to be or which by him reasonably should be suspected of being injurious to any industry in the state, immediately to notify the appropriate county inspector, or the district inspector for his district, and the neglect or failure so to do shall constitute a misdemeanor, and on conviction thereof the person so offending shall be fined in any sum not exceeding one hundred dollars.

      Sec. 6.  The director of the Nevada experiment station is hereby declared to be, ex officio, the state quarantine officer within the meaning and provisions of this act. It shall be his duty to prepare, or cause to be prepared and printed such circulars describing and illustrating the appearance and characteristics of such contagious, infectious or destructive diseases, parasites or insect pests as in his judgment is necessary and desirable for the information of county inspectors, district inspectors and persons mentioned in section 5 of this act.

Salary of inspector

Inspector to district county

State quarantine inspector to prescribe duties

Owners to notify inspector of suspected pests

Experiment station director is state quarantine officer

State quarantine officer to act

Expenses county charge

Governor to quarantine by proclamation, when

County inspector to employ means to stamp out pests

      Sec. 7.  Whenever it shall appear to the state quarantine officer that any infectious, contagious or destructive disease, parasite or insect pest affecting animals, poultry, bees or agricultural or horticultural plants, trees or shrubs has appeared in the state, injurious or threatening injury to any industry, it shall be the duty of such state quarantine officer immediately to make, or cause to be made, investigation to determine the fact and thereupon promptly to take action and adopt measures for the control and extermination thereof, and the prevention of the spread of the same; provided, that the board of county commissioners of such county shall provide for all the necessary traveling, living and other needful expenses connected therewith.

      Sec. 8.  If the quarantine of any county or portion of any county, farm, nursery or apiary is required, said state quarantine officer shall immediately request the governor to issue proclamation therefor. The state quarantine officer, county inspector, district inspector, or any agent appointed for such purpose shall have authority to enter upon any premises for the purpose of inspection, with respect to the existence or suspected existence of any such disease, parasite or insect pest, or the germs, eggs, or larvae thereof, and to make such inspection as thorough as may be deemed proper without let or hindrance from the owner or person in possession or in charge thereof.

      Sec. 9.  When such disease, parasite, or insect pest, or the eggs or larvae thereof, is discovered upon any premises, the county inspector, acting under the advice and direction of the state quarantine officer, is hereby empowered to employ any and all means in his judgment necessary for the control, extermination and prevention of the spread of the same. He may give explicit directions to the owner, or person in charge thereof, relating to what procedure he shall take with respect to the treatment, control and extermination thereof and prevention of the spread of the same, and such instructions shall be mandatory upon such person, and he shall perform the same within a certain time to be specified, and the failure or refusal of any such person so to do shall constitute a misdemeanor, and on conviction thereof, the person so offending shall be fined in any sum not exceeding five hundred dollars. On such failure or refusal, or with the consent of the owner or person in possession or charge thereof, or in case of emergency, or on his own initiation, he, or any agent authorized by him so to do, may enter upon such premises and take charge thereof, and conduct such treatment, control, extermination, or prevention from spreading of any such disease, parasite or insect pest, and all costs thereof shall be borne by the owner of such premises or property. On the neglect or refusal of such owner promptly to pay the same, on presentation of an itemized bill therefor, certified to by said county inspector, said cost shall attach as a lien against any property of such owner within the state, and the district attorney of the county shall forthwith proceed to levy an attachment against such property for the amount due, plus the cost of legal procedure, and collect the same by foreclosure proceedings.

inspector, said cost shall attach as a lien against any property of such owner within the state, and the district attorney of the county shall forthwith proceed to levy an attachment against such property for the amount due, plus the cost of legal procedure, and collect the same by foreclosure proceedings.

      Sec. 10.  Whenever in the opinion of the state quarantine officer, any general or special measures of precaution are necessary to be taken to prevent the introduction or spread of any such disease, parasite or insect pest, beyond any premises where the same may have appeared, said state quarantine officer shall prepare explicit directions as to such measure, and notify all parties, directed to comply therewith, by letter, circular or by publication. Where notice by publication in any county is deemed necessary by said state quarantine officer, he shall forward a copy of such notice to the chairman of the board of county commissioners of such county requesting that the same be published in one or more newspapers published in such county once a week for four consecutive weeks; and it shall be the duty of the board of county commissioners to cause the same forthwith to be so published, and the cost of such publication shall be paid by the county in the usual manner as other county advertising. And such notice, to all parties addressed, shall be mandatory for the performance of, and compliance with, such measures of precaution, according to such directions and within the time limits, if any, therein specified. It shall be the duty of each district inspector to see that all persons in his district comply therewith, and on the neglect or refusal of any so to do, promptly to notify the county inspector, with the names of the persons so neglecting or refusing. Said county inspector shall call the same to the attention of the board of county commissioners at its next succeeding meeting, and it shall be the duty of said board, and it is hereby fully authorized and empowered, to take such suitable action as in its opinion is necessary and proper to enforce the performance of, or compliance with, such measures of precaution with respect to the property or premises of each of said parties so neglecting or refusing. And in pursuance whereof said board may direct the sheriff of the county to carry out and enforce its order, and the costs thereof shall be borne by the owner of such property or premises; and on the refusal of such owner promptly to pay the same on presentation of an itemized bill, certified to by the sheriff, said costs shall attach as a lien against any property of said owner within the state, and the district attorney of said county shall forthwith institute proceedings to foreclose such lien, together with the costs of legal procedure.

      Sec. 11.  All necessary printing required by said state quarantine officer shall be printed at the state printing office, and five thousand copies of any circular mentioned in section 7 of this act may be so printed, but no other printed matter shall exceed the number prescribed by law.

Costs, when lien against property

State quarantine officer to issue circulars or publish orders

Notices mandatory

Sheriff to act

Printing

Certain act not affected

State veterinarian abolished

and five thousand copies of any circular mentioned in section 7 of this act may be so printed, but no other printed matter shall exceed the number prescribed by law.

      Sec. 12.  That certain act entitled “An act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their duties and prescribing their compensation,” approved March 26, 1907, together with all acts amendatory thereof or supplemental thereto, shall not be deemed to be affected by the provisions of this act.

      Sec. 13.  An act entitled “An act providing for the appointment of a state veterinarian, defining his duties and fixing his compensation-Governor to appoint,” approved March 15, 1905, and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Governor may proclaim quarantine on plants, live stock, etc., against any state, district or county

Words construed

Chap. 280–An Act providing for interstate and intrastate quarantine with respect to domestic animals and other live stock, poultry, bees, and agricultural and horticultural crops, products, seeds, plants, trees or shrubs, or any article infected with, or which may have been exposed to, infectious, contagious or destructive diseases, or infested with parasites, or insect pests, or the eggs or larva thereof, dangerous to any industry in the state; and other matters relating thereto.

[Approved March 31, 1913]

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

Assembly, do enact as follows:

      Section 1.  The governor is hereby authorized and empowered to proclaim and enforce quarantine against any state, or any portion of any state, with respect to the importation into Nevada; or against any county or portion of any county, farm, nursery or apiary within the state, with respect to the exportation therefrom to any other part of the state, of any domestic animals or other live stock, poultry, bees, or agricultural or horticultural crops, products, seeds, plants, trees or shrubs or any article (hereinafter for convenience referred to as commodities) infected with, or which may have been exposed to, infectious, contagious or destructive diseases, or infested with parasites, or insect pests, or the eggs or larva thereof, dangerous to any industry in the state. In any criminal proceedings arising under this act, proof that any commodity, interdicted by proclamation of quarantine from import or export, was imported or exported in violation of quarantine, shall be deemed proof, within the meaning of this act, that the same was diseased, exposed to disease, or infested as aforesaid. The words “importation” and “exportation,” as herein used, shall be construed to mean and include the transportation of any such commodity by any railroad, express company or other common carrier, or by any person or persons as baggage or by vehicle or automobile, or the driving, leading or permitting to run at large of the same.

press company or other common carrier, or by any person or persons as baggage or by vehicle or automobile, or the driving, leading or permitting to run at large of the same. The word farm, as herein used, shall be held and construed to mean and include any farm, stock range, stockyards, dairy, lot, or other premises not otherwise enumerated.

      Sec. 2.  Whenever it shall appear to the governor, by petition of any three citizens, or otherwise, that any industry in the state is endangered by importations from any other state of any commodity mentioned in section 1 of this act; or by exportations from any county, portion of any county, farm, nursery or apiary within the state, to other parts of the state, of any such commodity, he shall at once take steps to ascertain the facts thereof, as hereinafter provided, and if in his opinion the facts so warrant, he shall by proclamation declare such state, or any portion of such state, in the first instance, quarantined from further importations into Nevada of any such commodity; or, any such county, or portion of such county, farm, nursery or apiary, in the second instance, quarantined from exportations of any such commodity to other parts of the state, until said quarantine is by him raised.

      Sec. 3.  The governor, in his discretion, may, in any instance, appoint three competent persons as an investigating board to determine the necessity of quarantine; one at least of whom shall be engaged in the industry endangered; one at least who shall be scientifically or technically trained with respect to the character of the disease, parasite or insect pest from which the danger arises, and the other may be any person in whom the governor reposes confidence. The members of said board in any such investigation shall be entitled to their actual traveling, living and other necessary expenses, payable from the appropriation hereinafter provided, but shall serve without salary. They shall meet forthwith at such time and place as the governor may designate, proceed to make such investigation, and report their findings and recommendations without unnecessary delay; provided, that in any instance the governor may declare quarantine without the appointment of an investigating board.

      Sec. 4.  When quarantine is so declared against importations from any state, or any portion of a state, of any commodity referred to in section 1 of this act, a certified copy of such proclamation shall be mailed by registered mail to each of the following: To the governor of such state; the United States quarantine officer having federal jurisdiction over the same character of quarantine; and to the state agent of any interstate railroad, express company or other common carrier over which, or by which, such commodity might be transported.

      Sec. 5.  When quarantine is declared against any county, or portion of any county, farm, nursery or apiary within the state, forbidding exportations therefrom of any commodity mentioned in section 1 of this act, a certified copy of such proclamation shall be mailed by registered mail to each of the following: To the sheriff; chairman of the board of county commissioners; and county clerk of such county, and if a single farm, nursery or apiary be quarantined, to the owner or resident manager thereof.

Proclamation issued on petition, when

Governor may appoint investigating board

Quarantine proclamation to be mailed to outside parties

Notice to county authorities

Penalties for violation

Transportation companies not to carry infected animals or articles

Governor to cooperate with federal authorities

state, forbidding exportations therefrom of any commodity mentioned in section 1 of this act, a certified copy of such proclamation shall be mailed by registered mail to each of the following: To the sheriff; chairman of the board of county commissioners; and county clerk of such county, and if a single farm, nursery or apiary be quarantined, to the owner or resident manager thereof. The governor may, in his discretion, cause a copy of such proclamation to be published in some newspaper of general circulation published within the county, once a week for four consecutive weeks, unless said quarantine is sooner raised, as notice to all concerned.

      Sec. 6.  Any person, or any officer, agent or employee of any corporation, who shall import or export, or who shall assist in importing or exporting, as a principal or accessory, any commodity mentioned in section 1 of this act, forbidden to be imported or exported by any proclamation of quarantine, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 6285, Revised Laws of Nevada. Any railroad company, any express company, or other common carrier, which shall carry, haul or transport into Nevada from any state, or portion of any state, quarantined against, or from any county, portion of any county, farm, nursery or apiary within the state, under quarantine, to any other part of the state, any commodity mentioned in section 1 of this act, forbidden to be so imported or exported, shall be liable for any and all damages occurring by reason of such importation or exportation, and which may be recovered by action against such railroad company, express company or common carrier brought in any court of competent jurisdiction within two years after the date of such offense or offenses, if more than one. Such action shall be instituted in the name of the state, for and on behalf of the person or persons, firms or corporations suffering injury, and the attorney-general shall prosecute the same.

      Sec. 7.  In so far as practicable, the governor, in directing the enforcement of quarantine, shall cooperate with the federal authorities. If in his opinion it be necessary for a proper enforcement of quarantine in any instance, he may temporarily appoint some competent person as quarantine officer, whose term of office shall be at the pleasure of the governor and in any event shall terminate when the quarantine is raised. Said quarantine officer, so appointed, is hereby authorized and empowered to exercise all needful authority required for the proper and efficient enforcement of quarantine; to make arrests of persons violating the same, or suspected of such violation, and to examine any premises or any shipment or consignment suspected of containing any interdicted commodity within the meaning of this act, and may open any container thereof and inspect the same. If such shipment or consignment prove to be an interdicted commodity as aforesaid,

commodity as aforesaid, he shall have power to require any railroad, express company or other common carrier immediately to reship such consignment back to point of origin, if the same has not yet been delivered to the consignee, and the failure or refusal of any railroad company, express company or other common carrier promptly so to do shall render such company so offending liable to fine in any sum not less than five hundred dollars nor more than five thousand dollars, and which may be collected by proceedings instituted by the state and prosecuted by the attorney-general in any court of competent jurisdiction, and any property of the defendant within the state may be levied on and sold in satisfaction of the judgment.

      Sec. 8.  Any commodity mentioned in section 1 of this act, forbidden to be imported or exported by any proclamation of quarantine, wherever the same may be located, if in the opinion of the quarantine officer endangering any industry of the state, may be fumigated, disinfected, treated or destroyed, as the governor may authorize such quarantine officer so to do; provided, that any property so ordered to be destroyed, if acquired by the owner and the same came into his possession prior to the date of the proclamation of quarantine, before being destroyed shall be appraised as to its value by two disinterested appraisers, one to be appointed by the owner thereof, or if he be absent, by his agent, manager or foreman; one by said quarantine officer, and if the two so chosen cannot agree, they shall name a third appraiser, and if unable to agree upon such third appraiser, said quarantine officer may name some disinterested person to name a third appraiser, and two of the three so named as appraisers, agreeing upon the valuation of the property destroyed, the same shall be final. Said valuation so appraised shall be divided into three equal parts; one part of which the owner shall lose, one part shall be paid to him by the county wherein the property is situated, by order of the board of county commissioners from the general fund of the county, on a certified copy of such appraisement, the same as other bills are paid; and one-third by the state, on a certified copy of such appraisement, attested by the quarantine officer and approved by the state board of examiners, when the state controller shall draw his warrant and the state treasurer pay the same from the general fund in the state treasury. But no property destroyed under the provisions of this section, if acquired, or the same came into possession of the owner, after the date of such proclamation of quarantine, shall be subject to such part payment by the county or by the state. All costs of fumigation, disinfection or treatment ordered to be performed by said quarantine officer shall be borne by the owner of such commodity, and he, or in his absence, his agent, manager or foreman, shall perform the same promptly and exactly as instructed and not otherwise, and the refusal or neglect so to do shall constitute a misdemeanor, and such owner, agent, manager or foreman, so delinquent, on conviction thereof, shall be punished as provided in section 6285, Revised Laws of Nevada.

Penalties

Commodity may be fumigated or destroyed, when

Indemnity for loss, when

Costs, how met

Legal attachment, when

Peace officers to assist quarantine officer

Deputy quarantine officers

Expenses

University official may be appointed

neglect so to do shall constitute a misdemeanor, and such owner, agent, manager or foreman, so delinquent, on conviction thereof, shall be punished as provided in section 6285, Revised Laws of Nevada. In such case said quarantine officer, or any person deputized by him, may enter upon such premises and perform such fumigation, disinfection or treatment, and all the costs thereof shall attach as a lien against any property of such owner within the state. On the neglect or refusal of such owner promptly to pay the same on presentation of an itemized bill certified to by said quarantine officer or his deputy, the district attorney of the county shall forthwith proceed to levy an attachment against any property of such owner within the state for the amount due plus the costs of legal procedure, and proceed to collect the same by foreclosure proceedings.

      Sec. 9.  The sheriff and all peace officers of any county when called upon by said quarantine officer, and the state police likewise, shall aid and assist him in the enforcement of quarantine and in the arrest of any person accused of violating the same, and the district attorney of any county in which any person is charged with a misdemeanor under this act shall prosecute the same.

      Sec. 10.  Said quarantine officer, by and with the consent of the governor, but not otherwise, may appoint such deputies to aid him in the enforcement of quarantine as in any instance may be necessary, and whose term of office shall terminate at the pleasure of the governor and in any event when the quarantine is raised. Said quarantine officer shall be entitled to a salary of eight dollars per diem for the full number of days of service, Sundays inclusive. The salary of any deputy shall be fixed by the governor and shall not exceed five dollars per diem. Said quarantine officer and his deputies so appointed shall each be entitled to his actual traveling, living and other necessary expenses while on duty. With the approval of the governor, said quarantine officer may purchase any chemicals, disinfectants or insecticides, or necessary appliances for the use or application thereof, required to meet any quarantine emergency. Said salaries and expense accounts and the cost of any such chemicals, disinfectants, insecticides or appliances so purchased, shall be certified to by said quarantine officer, and on the approval thereof by the state board of examiners, the controller shall draw his warrant and the treasurer pay the same out of the appropriation hereinafter provided.

      Sec. 11.  In the appointment of any quarantine officer under the provisions of this act, the governor is authorized to appoint any person connected with the state university, or Nevada experiment station, scientifically qualified to deal with the particular phase of such quarantine, and who shall, for the period of such service be granted leave of absence by the regents of the university without pay, and shall draw his compensation under the provisions of this act.

the regents of the university without pay, and shall draw his compensation under the provisions of this act.

      Sec. 12.  Each section of this act and every part of each section is hereby declared to be independent sections, and parts of sections, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or any part thereof.

      Sec. 13.  There is hereby appropriated to carry out the provisions of this act, from any moneys in the state treasury not otherwise appropriated, the sum of three thousand dollars.

      Sec. 14.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Each section of this act declared independent

Appropriation, $3,000

Repeal

Chap. 281–An Act to provide for the organization and government of drainage districts and to provide for the acquisition, repair and development of canals, drains, ditches, watercourses and other property, and for the distribution of water thereby for drainage purposes, and to provide for the levying of taxes and for the issuing and sale of bonds thereof.

[Approved March 31, 1913]

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

Assembly, do enact as follows:

      Section 1.  Who May File Petition.  Whenever a majority of the owners of title or evidence of title of lands within a district proposed to be organized as a drainage district, who own or control not less than one-third in area of the land to be reclaimed or benefited, or whenever one-third of the owners of title of lands within a district proposed to be organized as a drainage district, and who own or control a major portion in area of the lands to be reclaimed or benefited, or lands which are susceptible of drainage desire to provide for the drainage of the same, they may propose the organization of a drainage district under the provisions of this act, and when so organized, such district shall have the powers conferred or that may hereafter be conferred by law upon such drainage districts. The equalized county assessment roll next preceding the presentation of a petition for the organization of a drainage district, under the provisions of this act, shall be sufficient evidence of title for the purpose of this act.

      Sec. 2.  Petition-Where Presented.  A petition shall first be presented to the board of county commissioners of the county in which the land is situated, and if the proposed district will contain land situate in more than one county, then in the county in which the greatest portion thereof is situated, signed by the required number of holders of title, or evidence of title, of such proposed district, evidenced as above provided, which petition shall set forth and particularly describe the proposed boundaries of such district, and shall pray that the same may be organized under the provisions of this act.

Petition for drainage district

Petition presented to county commissioners

County clerk to post notice of filing of petition

Proviso

larly describe the proposed boundaries of such district, and shall pray that the same may be organized under the provisions of this act. Such petition shall be presented at a regular meeting of the said board of county commissioners, and due notice thereof shall be given as hereinafter provided. And the said petitioners shall file with the board of county commissioners a good and sufficient undertaking in the sum of two (2) per cent of the estimated cost of the proposed improvements in the said drainage district. The condition of such undertaking shall be to the effect that if the said board of county commissioners shall find no merit in the said petition and shall find that the cost of the proposed improvement or improvements shall be in excess of the benefit or benefits to be derived therefrom, that the petitioners will pay all costs of preliminary surveys and the publication of notice and such other lawful expenses as may have been incurred by the said board of county commissioners in connection with such investigation. The petition shall also contain the name proposed to be given to the drainage district.

      Sec. 3.  Notice of Filing Petition.  Such petition for the creation of the proposed district being filed, the county clerk of said county shall cause three (3) weeks’ notice of the presentation and filing of such petition to be given, addressed “to all persons interested,” by posting notices thereof at the door of the court-house of the county or counties in which the district is situated, and in at least three (3) of the most public places in such proposed district, and also by publishing a copy thereof at least once a week for three successive weeks in some newspaper or newspapers published in the county in which the district is proposed to be formed, and if any portion of said proposed district lie within another county or counties, then said petition and notice shall be posted as above provided or published in a newspaper published or having a general circulation in each of said counties. Such notice shall state when said petition was and is filed; the starting point or points, route or routes, terminal or terminals, and general description of the proposed work; the boundaries and general description by legal subdivisions and name of the proposed drainage district, and at what term of said court the petitioners will ask a hearing of said petition; provided, that it shall not invalidate said notice if no description of drains or ditches is given therein. If any of the land owners of said district are nonresidents of the county or counties in which the proposed district will lie, the petition shall be accompanied by an affidavit, giving the names and places of residence of such nonresidents, if known, and if unknown, stating that upon diligent inquiry, their places of residence cannot be ascertained; and the county clerk shall send a copy of the notice aforesaid to each of said nonresidents whose residence is known within three (3) days after the first publication of the same. The certificate of the county clerk, or the affidavit of any other credible person, affixed to a copy of said notice, shall be sufficient evidence of the posting, mailing and publication of said notices.

county clerk, or the affidavit of any other credible person, affixed to a copy of said notice, shall be sufficient evidence of the posting, mailing and publication of said notices.

      Sec. 4.  Jurisdiction of County Commissioners.  The county commissioners of the county in which said petition shall be filed may hear the petition at any regular or special meeting, and may determine all matters, pertaining thereto, and all subsequent proceedings of the district when organized under this act, and may adjourn the hearing from time to time, or continue the case for want of sufficient notice or other good cause. The county commissioners, upon application of the petitioners, shall permit the petition, affidavit and orders to be amended, and no petitioner shall have the right to withdraw from said petition, except by the consent of the majority of the other petitioners thereon or where it shall be shown to the satisfaction of the county commissioners that the signature of the petitioner was obtained by fraud or misrepresentation.

      Sec. 5.  Hearing on Petition-Finding of County Commissioners-Board of Supervisors.  When such petition is presented, the said board of county commissioners shall hear the petition, and may adjourn such hearing from time to time, not exceeding four weeks in all. On the hearing of any petition filed under the provisions of this chapter, all parties through or upon whose land any of the proposed work may be constructed, or whose land may be damaged or benefited thereby, may appear and contest the necessity or utility of the proposed work, or any part thereof, and the contestants and petitioners may offer any competent evidence in regard thereto. It shall be the duty of the county commissioners to hear and determine whether or not the said petition contains the signatures of a majority of the owners of title to the lands within said proposed district, and who represent one-third in area of the lands proposed to be affected by such work, or that the said petition is signed by one-third of the owners of lands in said proposed district who represent a major portion in area of the lands proposed to be reclaimed or benefited, and the affidavit of any three (3) or more of the signers of said petition, that they have examined said petition and are acquainted with the locality of said district, and that the said petition is signed by a majority of such owners, who represent at least one-third in area of the lands proposed to be affected by such work, or that said petition is signed by one-third of the owners of lands in said proposed district who represent a major portion in area of the lands proposed to be reclaimed or benefited, may be taken by the county commissioners as prima facie evidence of the facts stated therein; or the oath or affirmation before said county commissioners, or the affidavit of any person, properly taken and certified by any person or court authorized to take acknowledgment of deeds to real estate in this state, giving the age of such party, and his or her ownership of lands to be named in such oath, affirmation or affidavit, by proper description, shall be sufficient evidence to the county commissioners of such facts; provided, that all deeds made for the purpose of establishing or defeating the prayer of said petition not made in good faith and for a valuable consideration, shall be taken and held to be in fraud of the provisions of this act, and the holders thereof shall not be considered as owners thereof.

Petition, how heard, action upon

County commissioners to pass upon petition

Proviso

Further provisos

Board of supervisors of drainage district

and his or her ownership of lands to be named in such oath, affirmation or affidavit, by proper description, shall be sufficient evidence to the county commissioners of such facts; provided, that all deeds made for the purpose of establishing or defeating the prayer of said petition not made in good faith and for a valuable consideration, shall be taken and held to be in fraud of the provisions of this act, and the holders thereof shall not be considered as owners thereof. If the county commissioners, after hearing any and all competent evidence that may be offered before it for and against the said petition, shall find the same has not been signed as hereinbefore required, the said petition shall be dismissed at the cost of the petitioners; but, if the county commissioners shall find that the petition has been signed as hereinbefore provided, the county commissioners shall so find, and such finding shall be conclusive upon the land owners of such district that they have assented to and accept the provisions of this act; and the board of county commissioners may make such changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; provided, that said board shall not modify said boundaries so as to except from the operation of this act any territory within the boundaries of the district proposed by said petitioners which is susceptible of drainage by the system of works applicable to the other lands in such proposed district; nor shall any lands which will not, in the judgment of said board, be benefited by drainage by said system be included within such district; provided, that any person whose lands are susceptible of drainage from the same source may, in the discretion of the board of county commissioners, upon application of the owner to said board, have such lands included in said district. And if it shall further appear to the county commissioners that the proposed drain or drains, ditch or ditches, or other works, is or are necessary or will be useful for the drainage of the lands proposed to be drained thereby for the agricultural or sanitary purpose, or conducive to the public health or welfare, the county commissioners shall so find, and appoint three (3) competent and disinterested persons, which shall be known as a board of supervisors, whose term of office shall be for three years, except, however, that the term of office of the first appointees shall be as follows: The term of office of one shall be for three years, the term of office of one shall be for two years, and the term of office of one shall be for one year; and a competent civil engineer, each of which appointees shall hold his office until his successor is appointed, as hereinafter provided, to lay out and construct such proposed work, and to levy a tax upon the lands in said drainage district, subject to the approval of the board of county commissioners, as hereinbefore provided. In case the lands to be drained shall be situated in different counties, not more than two (2) of the members of the board of supervisors shall be chosen from any one of such counties.

of supervisors shall be chosen from any one of such counties. And if the said board of county commissioners shall find that the establishment and creation of such drainage district will be a benefit as hereinbefore set forth, that the said board shall within ten (10) days proclaim such district or districts created, and that such proclamation shall be published for at least ten (10) days thereafter by posting in three (3) public places within said county, at least one of which places shall be within said drainage district, or by publishing the said proclamation in some paper printed in the English language, and having general circulation within the said county or counties, and the proclamation shall be substantially in the following form:

      Office of the board of county commissioners, county of ……………………, State of Nevada, A. D. 19……

      In the matter of the petition of (here insert names of the petitioners) …………………………………………

      The petition having been heard in the manner required by law, and the county commissioners having duly examined said petition, and having heard evidence concerning the same, and considered all objections to the same, it is ordered by the county commissioners that the petition be, and the same is hereby granted; and the county commissioners further find that the work proposed in said petition to be done will be useful for agricultural or sanitary purposes to the owners of land within said proposed district; and the county commissioners also find that the persons who have signed said petition are of lawful age and are a majority of the adult land owners, representing one-third in area (or one-third of the adult land owners, owning a major portion, as the case may be) of the land to be affected by such proposed work. And the county commissioners further find that the said drainage district …………………………….…………… bounded as follows ……………………………………is duly established as provided by law.

      And the following named are to be known as the board of supervisors for the terms set opposite their names:

………………..………...…… of ………....…………...……. for the term of…...…….

…………………..……...…… of ….……......………………. for the term of…...…….

………………..………...…… of …………....…………….... for the term of…...…….

Attest:

……………………………………………… Clerk ………………………….

                                                                                    County Commissioners.

      And upon entering such order of record said district is hereby declared by law to be organized as a drainage district by the name mentioned in the petition, and with the boundaries fixed by the order confirming the report of said board of supervisors and said district is hereby declared to be a body corporate by the name mentioned in said order of county commissioners, with the right to sue and be sued, and to have perpetual succession, and may adopt and use a corporate seal; and the board of supervisors appointed as aforesaid and their successors in office shall from the entry of such order of confirmation constitute the corporate authorities of such drainage district, and shall exercise the functions conferred upon them by law.

Proclamation of county commissioners

Form of proclamation

District declared, organized, when

Time limit for contesting validity of organization

Supervisors to take oath and file bonds

Supervisors to organize; officers

rate seal; and the board of supervisors appointed as aforesaid and their successors in office shall from the entry of such order of confirmation constitute the corporate authorities of such drainage district, and shall exercise the functions conferred upon them by law. Said order shall be final.

      If the county commissioners shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners.

      Sec. 6.  And no action shall be commenced or maintained, or defense made affecting the validity of the organization, unless the same shall have been commenced or made within one year after the making and entering of said order. Said board of county commissioners shall cause a copy of such order, duly certified, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands is situated, and must also immediately forward a copy thereof to the county clerk of each county in which any portion of such district may lie, and no board of county commissioners of any county including any portion of such district allow another district to be formed including any of the lands of such district, without the consent of the board of supervisors thereof; and from and after the date of such filing the organization of the district shall be complete, and the officers thereof shall be entitled to enter immediately upon the duties of their respective offices upon qualifying in accordance with law and shall hold such offices, respectively, until their successors are appointed and have qualified.

      Sec. 7.  After said district has been established by proclamation and after the said board of supervisors have been duly appointed, and before entering upon the duties of their office, such board of supervisors shall take and subscribe to the official oath and swear to faithfully discharge the duties of their office without favor or partiality, and to render a true account of their doings to the county commissioners by whom they were appointed, whenever required by law or order of the county commissioners, which oath shall be filed with the county clerk. The board of supervisors shall execute an official bond in such sum as may be fixed by the board of county commissioners. Bonds herein provided for shall be in the form prescribed by law for the official bonds of county officers.

      Sec. 8.  Within thirty days after their election and qualification the supervisors shall meet and organize as a board, and elect a president, a secretary, and a treasurer from among their own number. Each of such officers shall hold office during the pleasure of the board. The board of supervisors shall have power to adopt a code of by-laws governing the conduct of the business and affairs of the district as a corporation in connection with its association with individuals in and outside of the district, and regulating the use of its drainage system by outsiders. It shall also have the power to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees as may be required, prescribe their duties, and generally to perform such acts as shall be necessary to fully carry out the purposes of this act.

to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees as may be required, prescribe their duties, and generally to perform such acts as shall be necessary to fully carry out the purposes of this act. The board and its agents and employees shall likewise have the right to enter upon any lands to make surveys, and may locate the necessary drainage canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. It shall have the right also to acquire on behalf of said district by purchase or condemnation or other legal means, all lands and other property necessary for the construction, use, maintenance, repair, and improvement of said canal or canals, drains and works constructed (including canals, drains, or drain ditches being constructed by private owners), and all necessary appurtenances. In case of necessity for condemnation proceedings the board shall proceed in the corporate name of the district under the provisions of the law relating to eminent domain.

      Sec. 9.  It shall be the duty of the president to preside at meetings of the board, and sign all warrants ordered by it to be drawn upon the treasurer for drainage money. In case of the absence of the president, his duties shall be performed by a president pro tempore, duly elected.

      Sec. 10.  It shall be the duty of the secretary to attend meetings of the board, to keep an accurate journal of its proceedings, to have the care and custody of its records and papers not otherwise provided for, to countersign warrants drawn upon the treasurer, and to prepare and submit to the board an annual statement, under oath, of receipts and disbursements during the year ending December 31. He shall receive for his services such compensation as the board may determine.

      Sec. 11.  The treasurer shall subscribe to the official oath of office and give a bond to the board, with sufficient sureties and in such sum as it may require, the oath and bond to be approved by the board and filed with its secretary. The treasurer shall prepare and submit in writing a monthly report of receipts and disbursements, and pay out drainage money only upon a warrant signed by the president, and countersigned by the secretary. He shall likewise perform such other duties as the board may require, and shall receive for his services an amount to be determined by the board.

      Sec. 12.  The board of supervisors shall meet and adjourn from time to time as the business may require. All meetings of the board must be public, and a majority of the members shall constitute a quorum for the transaction of business. All records of the board shall be open to inspection of any freeholder in said district during business hours.

      Sec. 13.  A majority of the board of supervisors shall constitute a quorum, and a concurrence of a majority of their number in any matter within their duties shall be sufficient, and the said board of supervisors may appoint such clerical assistants as may be proper and may employ such assistance and aid as may be found necessary.

Eminent domain

Duties of president

Duties of secretary

Duties of treasurer

All meetings public

Quorum of board

Board to view land

What board shall determine

Proceedings dismissed, when

Supervisors to make estimates of expense of construction, etc.

and the said board of supervisors may appoint such clerical assistants as may be proper and may employ such assistance and aid as may be found necessary.

      Sec. 14.  Immediately after their appointment the board of supervisors shall examine all the land proposed to be drained or protected and the land over or upon which the work is proposed to be constructed, and determine:

      First.  If drainage and levee work as proposed in the petition, whether the starting points, routes and termini of the proposed work and the proposed location thereof is or are in all respects proper and feasible; and, if not, what is or are so.

      Second.  The probable cost of the work mentioned in the petition, including all incidental expenses, and the cost of the proceedings therefor.

      Third.  The probable annual cost of keeping the same in repair after the work is completed.

      Fourth.  What lands will be injured by the proposed work and the probable aggregate amount of all damages such lands will sustain by reason of the laying out and construction of such work.

      Fifth.  What lands will be benefited by the construction of the proposed work, and whether the aggregate amount of benefits will equal or exceed the cost of constructing such work, including all incidental expenses, costs of proceedings and damages.

      Sixth.  Whether the proposed district as set out in the petition filed will embrace all the lands that may be damaged or benefited by the proposed work; and, if not, to report what additional lands will be so affected.

      Sec. 15.  If the board of supervisors of the said drainage district, upon and after their examination of the said district, as hereinbefore provided, shall find that although the said district has been formally proclaimed, that the costs and expenses of construction and maintenance and damages accruing are more than equal to the benefits which may inure to the land in general of said district by reason of the proposed work, they shall so report, and the proceedings shall be dismissed at the cost of the petitioners.

      Sec. 16.  The board of supervisors shall, on or before the first day of February of each year, prepare a statement and estimate of the amount of money to be raised by taxation within said district for the purposes of constructing canals, drains, drain ditches, and other works, and maintaining the same; paying the interest upon the bonded indebtedness of the district; creating a sinking fund for redeeming such bonds; and for the purpose of maintaining and repairing drainage canals, flumes, conduits, bridges, culverts, and other works within said district; and for the management and control of such drainage system; and shall assess the entire amount needed in each year against all of the land within said district in proportion to the benefits resulting to each tract of land by the construction and maintenance of such drainage system; the said board of supervisors shall view each tract of land within the district, and shall carefully consider all of the benefits that each particular tract of land will receive from the construction and maintenance of such drainage system, and assess each tract of land in accordance with the benefits received by it.

land by the construction and maintenance of such drainage system; the said board of supervisors shall view each tract of land within the district, and shall carefully consider all of the benefits that each particular tract of land will receive from the construction and maintenance of such drainage system, and assess each tract of land in accordance with the benefits received by it. After such assessment is made up, the secretary of the board of supervisors shall transmit the same to the board of county commissioners, and the board of county commissioners shall cause notice to be sent by mail to each land owner in the district of the amount of the tax assessed upon the land owned by him within the district; and stating therein the time and place when the board of county commissioners shall meet as a board of equalization to hear and determine complaints made against such assessments. The board of county commissioners shall meet during the month of March of each year at a time and place to be designated by it, to hear all complaints made against assessments made by it, at which meeting the board shall hear all complaints made, and after a full consideration thereof, shall equalize and finally determine the assessments to be made and levied upon each tract of land within the district, and shall thereupon certify the same to the county auditor of the county within which such district is located; the county auditor shall enter the same in the tax rolls of the county; and it shall be the duty of the county treasurer to collect such taxes at the time and in the same manner that the said county taxes are collected.

      Sec. 17.  All drainage taxes levied and assessed under the provisions of this act shall attach to and become a lien on the real property assessed upon the day upon which the taxes are levied in each year. Drainage taxes shall become due and delinquent at the same time and shall be collected by the same officers in the same manner as state and county taxes.

      Sec. 18.  At the time of computing the tax, the county auditor shall place upon the assessment roll the district drainage taxes of the several districts of the county in which drainage taxes have been levied, as certified by the board of supervisors.

      Sec. 19.  At the time of computing the tax in the county assessment roll the county clerk shall compute the district drainage taxes of the several districts of the county in which drainage taxes have been levied. The board of county commissioners shall sit as a board of equalization of district drainage taxes and shall equalize the same at the time and in the manner provided for by law for equalizing state and county taxes.

      Sec. 20.  After adopting a plan of said drainage canal or canals, drains, drain ditches and works, the board of supervisors shall proceed to give notice, by publication thereof not less than twenty days, in at least one newspaper published or having a general circulation in each of the counties composing the district and in such other publication as they may deem advisable, calling for bids for the construction of such work or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice.

Further procedure regarding expense

Tax

Drainage tax a lien, when

County auditor to include said tax in assessment roll

Tax equalized, how

Supervisors to advertise for bids for construction

Particular description, when

Power to incur debt limited

Supervisors to report to county commissioners

or having a general circulation in each of the counties composing the district and in such other publication as they may deem advisable, calling for bids for the construction of such work or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board of supervisors and that the board of supervisors will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place appointed, and the same shall be opened in public, and as soon as convenient thereafter the supervisors shall let said work, either in portions or as a whole, to the lowest responsible bidder; or they may reject any or all bids. Contract for the purchase of material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for fifty per cent of the amount of the contract price, conditioned for the faithful performance of said contract in accordance with its provisions. The work shall be done under the direction and to the satisfaction of the engineer, and to be approved by the board of supervisors. The supervisors shall not be interested directly or indirectly in any material furnished or contract awarded by the said board of supervisors.

      Sec. 21.  The board of supervisors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act. A debt or liability incurred in excess of express provisions shall be and remain absolutely void, except that, for the purpose of organization, or for the purposes of this act the board may, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate a sum equal to ninety per cent of the district to issue therefor, bearing interest not exceeding seven per cent per annum.

      Sec. 22.  The board of supervisors shall as often as once in each year after their appointment, and as much oftener as the board of county commissioners shall require, make a report to the board of county commissioners of all work done and also showing the amount of money by them collected and the manner in which the same has been expended, and, upon the filing of such report, the board of county commissioners shall set a time, not exceeding three weeks from such filing, when such report shall be heard, and the board of supervisors shall give at least ten days’ notice thereof, by posting written or printed notices in not less than four of the most public places in the district, and one at the door of the courthouse of the county in which said district was organized, or by publishing the same for ten days in some paper having general circulation in the county.

eral circulation in the county. Upon the time fixed, the board of county commissioners shall hear said report and all objections thereto, or may continue such hearing to another time fixed, and, upon hearing such report, may require evidence to be produced by the board of supervisors in support thereof, and, if found correct, may approve such report. Upon the failure of the board of supervisors, or either of them, to make such report to the satisfaction of the board of county commissioners, as required by this section, such supervisor or supervisors on the application of any person interested, or the county commissioners, without such application, shall remove such supervisor or supervisors from office.

      Sec. 23.  The use of any canal, ditch or the like, created under the provisions of this act, shall be deemed a public use and for a public benefit. The supervisors or their representatives from the time of their appointment may go upon the lands lying within said district for the purpose of examining the same, and making surveys, and, after the organization of said district and payment or tender of compensation allowed, may go upon said lands with their servants, teams, tools, instruments, or other equipments, for the purpose of constructing such proposed work, and may forever thereafter enter upon said lands, as aforesaid, for the purpose of maintaining or repairing such proposed work, doing no more damage than the necessity of the occasion may require, and any person or persons who shall wilfully prevent or prohibit any of such persons from entering such lands for the purposes aforesaid shall be deemed guilty of a misdemeanor, and upon conviction be fined any sums not exceeding twenty-five ($25) dollars per day for each day’s hindrance, to be recovered in an action of debt in favor of such drainage district before any court of competent jurisdiction, which sum shall be paid into the county treasury for the use of said district.

      Sec. 24.  Whenever it shall appear to the county commissioners that any proceedings for the organization of a drainage district, or any assessments of damages or benefits under this act, or any law of this state is invalid as to one or more tracts of land, jointly or severally owned, situated in such district, or any tract of land has been omitted from such assessment by reason of clerical error or other mistake, or want of the proper notice or notices as required by law, such want of notice shall not invalidate such organization, neither shall such assessment of benefits be lost to the district; but, the board of supervisors of such district may file a petition in the district court against the owner or owners, his or their heirs or assigns, of such lands irregularly assessed or omitted in said drainage district, describing in such petition the boundaries and name of the district, the land owned by defendants, the amount of damages and benefits assessed in favor of and against such lands, reciting such irregularity of notice and omissions and praying the defects and omissions may be cured and such assessments be made valid, and that the lands omitted, if any, may be assessed or made a part of the district, as the case may be.

Canals and ditches open to public use and benefit

Want of notice not to invalidate organization

Such want of notice corrected, how

Salaries and expenses, how paid

Supervisor, how removed

Penalty for injuring ditches, etc.

Further liabilities

County commissioners may use highways for right of way

notice and omissions and praying the defects and omissions may be cured and such assessments be made valid, and that the lands omitted, if any, may be assessed or made a part of the district, as the case may be.

      Sec. 25.  Any engineer employed under the provisions of this act shall receive such compensation as shall be fixed and determined by the board of county commissioners. Supervisors shall receive such compensation as shall be fixed by the board of county commissioners. The salaries and all costs and expenses of the district shall be paid by the order of the board of supervisors out of the district treasury from drainage funds collected for that purpose upon warrants drawn by the secretary.

      Sec. 26.  The county commissioners may at any time, for good cause, remove any supervisor appointed by them and appoint another in his place, and may fill all vacancies caused by death, resignation, removal or otherwise.

      Sec. 27.  Any person who shall wrongfully and purposely fill up, cut, injure, destroy or in any manner impair the usefulness of any drain, ditch or other work constructed under this chapter, or heretofore constructed under any law of this state, or that may have been heretofore or may hereafter be voluntarily constructed for the purposes of drainage or protection against overflow, may be fined in any sum not exceeding three hundred ($300) dollars for each offense, to be recovered before any court of competent jurisdiction. All complaints under this section shall be in the name of the State of Nevada, and all fines, when collected, shall be paid over to the proper supervisors, to be used for the work so injured.

      Sec. 28.  In addition to the penalties provided in the preceding section, the person wrongfully and purposely filling up, cutting, injuring, destroying or impairing the usefulness of any such drain, ditch, levee or other work, obstructing or filling up of any natural stream or outlet within or beyond the drainage district, shall be liable to the supervisors having charge thereof for all damages occasioned to such work, and to the owners and occupants of lands for all damages that may result to them by such wrongful act, which may be recovered in any court of competent jurisdiction.

      Sec. 29.  The board of county commissioners shall have the right to use any part of the right of way of any public highway for the purposes of the work to be done, provided such use will not permanently destroy or materially impair such public highway for public use, and if in the construction of said work any public highway or railroad or any part of the same will be benefited. Upon the report of the board of supervisors, the board of county commissioners may assess to such public road or railroad such sum or sums as will be just and equitable for such public road or railroad to pay in proportion to the benefits received, which shall be determined by estimating the amount of benefits to the entire district, including the benefits to such railroad or public road; and also the benefit to the railroad or the public road, then the fractional figures expressing the ratio between the sums of the benefits for the whole district and the sum found to be the benefit to the railroad or public road shall express the proportional part of the corporate taxes of the district to be paid by such railroad or public road as the case may be.

by estimating the amount of benefits to the entire district, including the benefits to such railroad or public road; and also the benefit to the railroad or the public road, then the fractional figures expressing the ratio between the sums of the benefits for the whole district and the sum found to be the benefit to the railroad or public road shall express the proportional part of the corporate taxes of the district to be paid by such railroad or public road as the case may be. Such proportional classification shall be subject to like review and appeals, as is provided for individual land owners. The amount of such road tax shall be paid out of the road tax of the district in which the public highway or part benefited lies.

      Sec. 30.  The board of supervisors shall have the power and are required to make all necessary bridges and culverts along or across any public highway or railroad which may be deemed necessary for the use or protection of the work, and the cost of the same shall be paid out of the road tax or by the railroad company, as the case may be; provided, however, notice shall first be given to the road or railroad authorities to build or construct such bridge or culvert, and they shall have thirty days in which to build or construct the same; such bridges or culverts shall in all cases be constructed so as not to interfere with the free flow of water through the drains of the district. Should any railroad company refuse or neglect to build or construct any bridge or culvert as herein required, the board of supervisors constructing the same may recover the cost and expenses therefor in a suit against said company before any court having jurisdiction, and reasonable attorneys’ fees may be recovered as part of the cost. The proper authorities of any public road or railroad shall have the right to appeal the same as provided for individual land owners.

      Sec. 31.  The word “ditch,” when used in this act, shall be held to include any drain or watercourse, and the petition for any drainage district shall be held to mean and include any side, lateral, spur or branch ditch or drain, whether opened, covered or tiled, or any natural watercourse, into which drains or ditches may enter for the purpose of outlet, whether such watercourse is situated in or outside of the district. And to secure complete drainage of the lands within any drainage district, the board of supervisors are hereby vested with full power to widen, straighten, deepen or enlarge any watercourse, or remove any obstruction or rubbish therefrom, whether such watercourse is situated in, outside of or below any drainage district; and, when it is necessary, straighten such natural watercourse by cutting of new channel upon other lands; the value of such lands to be occupied by such new channel, and damages, if any, made by such work may be ascertained and paid in the manner that is now or may hereafter be provided by any law providing for the exercise of the right of eminent domain in force in this state.

Beneficiaries to pay proportionately

Bridges and culverts maintained on public highways or railroads

“Ditch” defined

Bonds may be assessed, when and how

Special election for bonds

Regarding said election

Election expenses

Property may pay in full, when

providing for the exercise of the right of eminent domain in force in this state. The expenses of the work provided for in this section shall be paid from moneys arising from assessments upon lands within the district or in any lawful manner acquired.

      Sec. 32.  Whenever the board of supervisors deem it expedient it shall have power, for the purpose of constructing drains, drainage canals, and other required improvements, to issue bonds of the district to run not more than twenty (20) years and to bear interest, payable semiannually, at a rate not exceeding six per cent per annum, to be called “Drainage District Bonds,” and which said bonds shall not be sold for less than their par value, and the proceeds of which shall be used for no other purpose than paying the cost of constructing such drain, drainage canal, or other like work; provided. that before such bonds shall be issued the board of supervisors shall request the board of county commissioners to, and the said board of county commissioners shall at once call a special election to be held within a time not less than thirty (30) nor more than forty-five (45) days from the date of filing such request, and due notice of such election which shall be held within the said district or at some convenient point adjacent to said district. Such notice shall require the electors to cast ballots, which shall contain the words “Drainage Bonds ................... District-Yes,” or “Drainage Bonds ................. District-No,” or words equivalent thereto. No person shall be entitled to vote at any such election held under the provisions of this act unless he shall be a freeholder in the district. The board of county commissioners in the county where such district shall be, shall appoint the judges of election and shall provide for as many places of election as will be convenient. Such election shall be conducted as nearly as practicable in accordance with the general laws of the state; provided, that no particular form of ballot shall be required. The said board of county commissioners shall meet on the second Monday next succeeding such election and proceed to canvass the votes cast thereat, and if upon such canvass it shall appear that a majority of all the votes are “Drainage Bonds ...................... District-Yes,” the said board shall, by order to be entered upon its minutes, declare that such drainage bonds have been duly and affirmatively voted upon. The expenses of such election shall be paid out of the funds belonging to said drainage district.

      Any property owner may pay the full amount of the benefit assessed against his property before such bonds are issued and receive a receipt in full therefor. Such payments shall be made to the county treasurer, and it shall be the duty of the county clerk to certify to the treasurer the amount of any such assessment when requested to do so, and the county treasurer shall enter the same upon the tax lists in his hands in a separate place provided therefor, and shall furnish the county clerk with duplicate receipts given for all assessments so paid in full.

nish the county clerk with duplicate receipts given for all assessments so paid in full. The terms and times of payment of the bonds so issued shall be fixed by the board. Said bonds shall be issued for the benefit of the district numbered thereon, and each district shall be numbered by the board of supervisors and recorded by the county clerk, said record showing specifically the lands embraced in said district and upon which the tax has not been previously paid in full. In no case shall the amount of bonds exceed the benefits assessed. Each bond issue shall show expressly upon its face that it is to be paid only by a tax assessed, levied and collected on the lands within the district so designated and numbered and for the benefit of which district such bond is issued; nor shall any tax be levied or collected for the payment of said bond or bonds, or the interest thereon, on any property outside the district so numbered, designated and benefited. The said board of supervisors shall, by resolution, provide for the issuance and disposal of such bonds and for the payment of interest thereon, the creation of a sinking fund for the ultimate redemption thereof, and for the date and manner of the redemption of said bonds.

      Sec. 33.  Whenever any such drainage district bonds shall be issued in accordance with the provisions of this title, such bonds shall constitute a lien upon all of the lands and improvements thereon within the boundaries of the district, and the board of supervisors of said district shall, from time to time, as hereinafter provided, levy a sufficient tax to pay the annual interest charge on such bonds, and in addition thereto such an amount as a sinking fund which shall, in the course of events and ultimately, amount to a sufficient sum to redeem said bonds.

      Sec. 34.  Each bond issued as provided for by section 32 of this act shall be signed by the president and secretary of the said board of supervisors and be attested by the county clerk, and said county clerk shall also make a certified statement thereon, affixing his seal of office thereto, of the total amount of assessments and rate of interest it bears, pledged for the payment of said bonds and other bonds, if any, issued; the date, number, denomination and time due of all bonds issued which are a lien upon the assessment or installments of assessments of the district; when the assessments were confirmed by the county commissioners, and the number of acres of land in the district against which said assessments were made.

      Sec. 35.  This act shall take effect upon passage and approval.

Regarding bonds

Bonds or lien on bonds, when

Bonds signed by supervisors

In effect

Relating to purity of elections

Candidate may appoint one agent in each county

Agent may use only principal’s money in limited amount

Limited to 20 per cent of one year’s salary

Chap. 282–An Act to limit expenditures for campaign and election purposes to candidates, their political agents, and managing committees of political parties; to prescribe the manner of appointment of such agents; to limit the contributions, expenditures and liabilities of candidates, political agents and managing committees of political parties; to define, prohibit and punish corrupt and illegal practices in connection with or relative thereto [at] primary, special and general elections; to secure and protect the purity of the ballot; to prohibit the use of conveyances to carry voters to the polls; to prohibit the peddling or distributing of liquors and cigars by candidates for office; to prohibit and punish the making, publication and circulation of false charges and statements against candidates, the doing of any act tending to deceive or interfere with the voter; and to provide for furnishing information to electors.

[Approved March 31, 1913]

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

Assembly, do enact as follows:

      Section 1.  In all political campaigns in this state conducted for the purpose of nominating or electing candidates to office, no sum of money shall be paid, and no expenses incurred, and no workers employed by any person except the candidate, or his duly appointed political agents, or the regularly constituted committees of the party, of which the candidate is a nominee.

      Sec. 2.  A candidate may appoint a number of political agents not exceeding one for each county in the state. Such appointment shall be in writing, giving the full name of the agent, and his postoffice and residence address and state the maximum to be expended and liability to be incurred by such agent, and shall be signed by the candidate; such appointment by a candidate for a state office, including candidates for the office of senator of the United States, and representative in congress, shall be filed with the secretary of state. Such appointments by other candidates shall be filed with the county clerk or clerks of the counties wherein the candidates seek office. No political agent shall have authority to pay money, incur expenses, or employ workers, or do other acts for or on behalf of any candidate, until after his said appointment is made and filed as herein provided.

      Sec. 3.  No political agent shall procure, or pay out, any money, except the money of his principal, nor incur any expenses, except on the credit of his principal, and then not in excess of an amount specially authorized in writing by said principal, in his said appointment.

      Sec. 4.  No sums of money shall be paid, and no expenses authorized, permitted or incurred, by or on behalf of any candidate for nomination in his campaign for nomination to any public office in the state in excess of twenty per cent of one year’s compensation, or salary of the office for which he seeks to be a candidate.

any public office in the state in excess of twenty per cent of one year’s compensation, or salary of the office for which he seeks to be a candidate. For the purposes of this law the contribution, expenditure, or liability of a candidate’s political agent, or other person, with the consent of the candidate, shall be considered as, and held to be, that of a candidate.

      Sec. 5.  No sums of money shall be paid and no expenses authorized, permitted or incurred by or on behalf of any candidate, who has received the nomination for any public office, or position in this state, except such as may be contributed by him to the managing committee of his party, in excess of 20 per cent of one year’s salary, or compensation of the office for which he is nominated, and no such candidate shall pay, or contribute, or become liable to the managing committee of his political party in any sum of money in excess of 20 per cent of one year’s salary, or compensation of the office for which he is nominated; provided, that candidates for any office may expend the sum of $150. The word expense or expenses in this bill shall not be construed to include and shall not include the personal traveling and living expenses of the candidate, or the postage, telegraph or telephone expenses of such candidate.

      Sec. 6.  No political party in any campaign in this state, through its managing committees, or otherwise, shall pay, distribute or expend, any sums of money, or incur, authorize, or permit any expenses, or liabilities in excess of a sum equal to 20 per cent of the salary or compensation for one year of each and all candidates for state office, including senators and representatives in congress.

      Sec. 7.  Terms used in this act shall be construed as follows, unless other meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the manifest intent of the law.

      “Persons” shall apply to any individual, or number of individuals, male or female, and, where consistent with collective capacity, to any committee, firm, partnership, club, organization, association, corporation, or other combination of individuals.

      “Candidate” shall apply to any person whose name is printed on an official ballot for public office, or whose name is expected to be or has been presented for public office, with his consent, for nomination or election.

      “Political committee” shall apply to every combination of two or more persons who shall aid or promote the success or defeat of a candidate, or a political party or principle, and the provisions of law relating thereto shall apply to any firm or partnership, to any corporation, and to any club, organization, association, or other combination of persons, whether incorporated or not, with similar purposes, whether primary or incidental.

Contribution to party funds limited

“Expense” defined

Committees restricted in expenditures

Terms construed

“Persons”

“Candidate”

“Political committee”

“Public office”

“Give,” “expend,” etc.

Not to apply to services donated

Sworn statements of various candidates, what officers filed with

      “Public office” shall apply to any national, state, county, city or precinct office to which a salary attaches and which is filled by the voters, as well as the office of presidential elector, United States senator, representative in congress, or presiding officer of either branch of the legislature.

      “Give,” “provide,” “expend,” “contribute,” “receive,” “ask,” “solicit,” and like terms, with their corresponding nouns, shall apply to money, its equivalent, or anything of value; shall include the promise, advance, deposit, borrowing or loan thereof, and shall cover all or any part of a transaction, whether it be made directly or indirectly.

      None of the provisions of this act shall be construed as relating to the rendering of services by speakers, writers, publishers, or others, for which no compensation is asked or given.

      Sec. 8.  Every candidate for nomination or election to public office, including candidates for the office of senator of the United States, and representative in congress, shall, five days before and fifteen days after the election at which he was a candidate, file with the secretary of state, if a candidate for senator of the United States, representative in congress, or for any state or district office in a district composed of one or more counties, and with the county clerk, if a candidate for state senator, or assemblyman, or for county and precinct offices, and with the city clerk if for a city office, an itemized sworn statement setting forth in detail all the moneys, or other valuable thing contributed, expended or promised by him to aid and promote his nomination or election, or both as the case may be, and for the election of his party candidate, including contributions to the managing committee, or other committee of the party, and all existing unfulfilled promises of every character, and all liabilities remaining uncanceled and in force at the time such statement is made, whether such expenditures, promises and liabilities were made or incurred before, during or after such election. If no money or other valuable thing was given, paid, expended, contributed, or promised, and no unfulfilled liabilities were incurred by a candidate for public office to aid or promote his nomination or election of his party candidates, he shall file a statement to that effect within fifteen days after the election at which he was a candidate. Any candidate who shall fail to file such statement shall be fined twenty-five dollars for every day on which he was in default, unless prevented from doing so by unavoidable circumstances, to the satisfaction of the court. Fifteen days after any such election, the secretary of state, or county clerk, as the case may be, shall notify the district attorney of any failure to file such a statement on the part of any candidate, and within ten days thereafter such prosecuting officer shall proceed to prosecute said candidate for such offense.

      Sec. 9.  Every political committee shall have a chairman and a treasurer, and shall cause the treasurer to keep detailed accounts of all its receipts, payments and liabilities; a true and correct statement of such accounts, verified by the affidavit of the chairman and treasurer, shall be filed with the secretary of state five days before, and again within fifteen days after the election. Similar accounts shall be kept by every person who in the aggregate receives or expends money or incurs liability to the amount of more than fifty dollars, for political purposes, and by every political agent and candidate. Such accounts shall cover all transactions in any way affecting or connected with the political canvass, campaign, nomination or election concerned. Every person receiving or expending money or incurring liability by authority or in behalf of or to promote the success or defeat of such committee, agent, candidate, or other person or political party or organization, shall, on demand, and in any event within fourteen days after such receipt, expenditure, or incurrence of liability, give such treasurer, agent, candidate, or other person on whose behalf such expense or liability was incurred, detailed account thereof with proper vouchers. Every payment, except payments less in the aggregate than five dollars to any person, shall be vouched for by a receipted bill stating the particulars of expense. Every voucher, receipt and account hereby required shall be a part of the accounts and files of such treasurer, agent, candidate or other person, and shall be preserved by the public officer with whom it shall be filed for at least six months after the filing of the same, and if any contest for office or criminal prosecution is instituted wherein the same may become necessary or material, until the final determination of such contest or prosecution, as the case may be. Any person not a candidate for any office or nomination who expends money or anything of value to any amount, or incurs indebtedness, greater than fifty dollars, in any campaign for nomination or election, to aid in the election or defeat of any candidate or candidates, or party ticket, or measure before the people, shall within ten days before and ten days after the election in which said money or valuable thing was expended, or indebtedness incurred, file with the secretary of state, in the case of a measure voted upon by the people, or of state or district offices for districts composed of one or more counties, or with the county clerk for the county offices, an intemized statement of such receipts, expenditures and indebtedness and vouchers for every sum paid in excess of five dollars, and shall at the same time deliver to the candidate or treasurer of the political organization whose success or defeat he has sought to promote, a duplicate of such statement and a copy of such vouchers. The books of account of every treasurer of any political party, committee or organization, during an election campaign, shall be open at all reasonable office hours to the inspection of the treasurer and chairman of any opposing political party or organization, or their representative appointed in writing, for the same electoral district or territory; and his right of inspection may be enforced by a writ of mandamus by any court of competent jurisdiction.

Detailed accounts must be kept by various officers of political committees

Books of account open to certain parties

Secretary of state to include this act in election laws

Officers shall inspect accounts of political committees and candidates

Complaints may be filed

man of any opposing political party or organization, or their representative appointed in writing, for the same electoral district or territory; and his right of inspection may be enforced by a writ of mandamus by any court of competent jurisdiction. Such treasurer shall preserve such book of accounts as herein provided for the preserving of vouchers, receipts and accounts by certain public officers.

      Sec. 10.  The secretary of state shall, at the expense of the state, furnish to the county clerk, copies of this act as a part of the election laws. In the filing of a nomination petition or certificate of nomination, the secretary of state, in the case of state and district offices for districts composed of one or more counties, and county clerks for county offices, shall transmit to the several political committees, and to political agents, as far as they may be known to such officer, copies of this act, and also to any other person required to file a statement, such copies shall be furnished upon application therefor. Upon his own information, or at the written request of any voter, said secretary of state shall transmit to any other person believed by him or averred to be a candidate, or who may otherwise be required to make a statement, a copy of this act.

      Sec. 11.  The several officers with whom statements are required to be filed, shall inspect all statements of accounts and expenses relating to nominations and elections filed with them within ten days after the same are filed; and if upon examination it appears that any person has failed to file a statement as required by law, or if it appears to any such officer that the statement filed with him does not conform to law, or upon complaint in writing by a candidate or by a voter that a statement filed does not conform to law or to the truth, or that any person has failed to file a statement which he is by law required to file, said officer shall forthwith in writing notify the delinquent person. Every such complaint filed by a citizen or candidate shall state in detail the grounds of objections, shall be sworn to by the complainant and shall be filed with the officer within sixty days after the filing of the statement or amended statement. Upon the written request of a candidate or any voter, filed within sixteen days after any convention, primary or nominating election, said secretary of state, or county clerk, as the case may be, shall demand from any specified person or candidate a statement of all his receipts, disbursements and liabilities, and a statement of all promises made by him, in connection with or in any way relating to the nomination or election concerned, whether it is an office to which a salary or compensation is attached or not, and said person shall thereupon be required to file such statement and to comply with all the provisions relating to statements herein contained, and mandamus shall lie to compel obedience to such requirements. Whoever makes a statement required by this act shall make oath attached thereto that it is in all respects correct, complete, full and true, to the best of his knowledge and belief, and said verification shall be substantially in the form herein provided.

attached thereto that it is in all respects correct, complete, full and true, to the best of his knowledge and belief, and said verification shall be substantially in the form herein provided.

      Sec. 12.  Upon the failure of any person to file a statement within ten days after receiving notice under the preceding section, or if any statement filed as above discloses any violation of any provision of this act relating to corrupt practices in elections, or in any other provision of the election laws, the secretary of state or the county clerk, as the case may be, shall forthwith notify the attorney-general and the district attorney of the district where said violation occurred, and shall furnish them with copies of all papers relating thereto, and said district attorney shall within sixty days thereafter examine every such case, and if the evidence seems to him to be sufficient under the provisions of this act he shall in the name of the state forthwith institute such civil or criminal proceedings as may be appropriate to the facts. Any such proceeding may be instituted by the attorney-general and it shall be his duty to assist in the prosecution of such violations with regard to all offices except county offices, and in case of county offices, he may, if he believes the facts warrant it, and the district attorney fail to prosecute, to institute such proceedings as he may believe the facts justify.

      Sec. 13.  The district court of the county in which any statement of accounts and expenses relating to nominations and elections should be filed, or where the offense is committed, or the defendant resides, unless herein otherwise provided, shall have original jurisdiction of all violations of this act, and may compel any person who fails to file such a statement which conforms to the provisions of this act in respect to its truth, sufficiency in detail or otherwise to file a sufficient statement, upon the application of the attorney-general or of the district attorney, or the petition of a candidate or of any voter.

      Sec. 14.  All statements filed in pursuance of this act shall be preserved by the officer with whom filed for at least six months, and if a contest or action of any kind, civil or criminal, shall be instituted, until the same is finally disposed of. They shall be public records subject to public inspection, and it shall be the duty of the officers having custody of the same to give certified copies thereof in like manner as of all other public records. The totals of each statement, filed with him, with the name of the person or candidate filing it, shall be published in the next annual report of the secretary of state or the county clerk, as the case may be.

      Sec. 15.  No person shall make a payment of his own money or of any other person’s money to any other person in connection with the nomination or election in any other name than that of the person who in truth supplies such money; nor shall any person knowingly receive such payment or enter or cause the same to be entered in his accounts or records in any other name than that of the person by whom it was actually furnished; provided, if money be received from the treasurer of any political organization it shall be sufficient to enter the same as received from such treasurer.

Failure to file statement, how punished

District court to have jurisdiction

All statements to be preserved at least six months; subject to public inspection

Fictitious names must not be used

Promises of appointment, direct or indirect, not to be made by candidate

Exception

Campaign contributions, or demand for same, prohibited

Appointive officer cannot be delegate to political convention, or member of committee

Proxies not bought or sold

Payment for withdrawing as candidate prohibited

Contributions to societies, clubs, etc., must not be asked of candidate during campaign

ment or enter or cause the same to be entered in his accounts or records in any other name than that of the person by whom it was actually furnished; provided, if money be received from the treasurer of any political organization it shall be sufficient to enter the same as received from such treasurer.

      Sec. 16.  No person shall, in order to aid or promote his nomination or election, directly or indirectly, himself or through any other person, promise to appoint another person, or promise to secure or aid in securing the appointment, nomination or election of another person to any public or private position or employment, or to any position of honor, trust or emolument, except that he may publicly announce or define his choice or purpose in relation to any election in which he may be called to take part, if elected, and if he is a candidate for nomination or election as a member of the legislature, he may pledge himself to vote for the people’s choice for United States senator, or state what his action will be on such vote.

      Sec. 17.  No holder of any public position or office other than an office filled by the voters, shall pay or contribute to aid or promote the nomination or election of any other person to public office. No person shall invite, demand or accept payment or contribution from such holder of a public position or office for campaign purposes.

      Sec. 18.  No holder of a public position other than an office filled by the voters shall be a delegate to a convention for the election district that elects the officer or board under whom he directly or indirectly holds such position, nor shall be a member of a political committee for such district.

      Sec. 19.   No person shall invite, offer or effect the transfer of any convention, caucus or committee credential in return for any payment of money or other valuable thing, or appointment to any position whatsoever.

      Sec. 20.  No person shall pay, or promise to reward another in any manner or form for the purpose of inducing him to be or refrain from being or cease being a candidate for office, and no person shall solicit any payment, promise or reward from another for such purpose.

      Sec. 21.  No person shall demand, solicit, ask or invite any payment or contribution for any religious, political, charitable, social or other cause or organization supposed to be primarily or principally for the public good, from a person who seeks to be or has been nominated or elected to any office; and no such candidate or elected person shall make any such payment or contribution if it shall be demanded or asked during the time he is a candidate for nomination or election to or while an incumbent of an office. No payment or contribution for any purpose shall be made a condition precedent to the putting of a name on any caucus or convention ballot or nomination or petition, or to the performance of any duty imposed by law on a political committee.

formance of any duty imposed by law on a political committee. No person shall demand, solicit, ask or invite any candidate to subscribe to the support of any club, church or organization of any kind, to buy tickets to any entertainment or ball, or to subscribe for or pay for space in any book, program, periodical or other publication; if any candidate shall make any such payment or contribution with hope or intent to influence the result of the election, he shall be guilty of a corrupt practice; but this section shall not apply to the solicitation of any business advertisement for insertion in any periodical in which such candidate was regularly advertising prior to his candidacy, nor to ordinary business advertisements, nor to his regular payment to any organization, religious, charitable or otherwise, of which he may have been a member, or to which he may have been a contributor, for more than six months before his candidacy nor to ordinary contributions at church services.

      Sec. 22.  No corporation, and no person, trustee or trustees, director or directors, owning, holding or representing the majority of the stock of a corporation carrying on the business of a bank, savings bank, cooperative bank, trust company, trust trustee, surety, indemnity, safe deposit, insurance, railroad, street railway, telegraph, telephone, gas, electric light, heat, power, canal, aqueduct, water, sewer, cemetery, or crematory company, or any company having the right to take or condemn land or to exercise franchises in public ways granted by the state or by the county, city or town, or mining company, shall pay or contribute any money or other consideration, or employ politicians, workers, speakers, advertisers in order to aid, promote or prevent the nomination or election of any person, or in order to aid or promote the interests, success or defeat of any political party, organization or person. No person shall solicit or receive such payment or contribution from such corporation or such holders, owners or representatives of a majority of the stock in any of such corporations.

      Sec. 23.  Any person or candidate who shall, either by himself or by another person, either before or after an election, or while such person or candidate is seeking a nomination or election, directly or indirectly, give or provide, or pay, wholly or in part, the expenses of giving or providing any meat or drink or other entertainment or provision, clothing, liquors, cigars or tobacco, to or for any person for the purpose of or with intent or hope to induce that person or any other person to give or refrain from giving his vote at such election to or for any candidate or political party, ticket, or measure before the people or on account of such person or any other person having voted or refrained from voting for any candidate or the candidates of any political party or organization or measure before the people, or being about to vote or refrain from voting at such election, shall be guilty of treating.

Soliciting contributions prohibited

Corporations or officers thereof prohibited from contributing to campaign funds

“Treating” prohibited

Acceptance of treat ground of challenge to right to vote

Force or threats of all kinds prohibited

Preventing, in any manner, exercise of franchise, prohibited

Betting money on election prohibited

Bettor may be challenged

Applying for ballot in name of another a felony

of treating. Every elector who accepts or takes any such meat, drink, entertainment, provision, clothing, liquors, cigars or tobacco, shall also be guilty of treating; and such acceptance shall be a ground of challenge to his vote and rejecting his vote on a contest.

      Sec. 24.  Every person who shall directly or indirectly, by himself or any other person, in his behalf, make use of or threaten to make use of any force, coercion, violence, restraint, or undue influence, or inflict or threaten to inflict, by himself or any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person, expose or publish, or threaten to expose or publish, or publish any fact concerning a person in order to induce or compel such person to vote or refrain from voting for any candidate or the ticket of any political party or any measure before the people; and every person who, otherwise than by public speech or print, shall, either directly or indirectly, urge, persuade or command any voter to vote, or refrain from voting for or against any candidate or political party ticket or measure submitted to the people, in the interest of any church, religious or other corporation or organization, or who shall by abduction, duress or any fraudulent contrivance, impede or prevent the free exercise of the franchise by any voter at any election, or shall thereby compel, induce or prevail upon any elector to give or refrain from giving his vote, or shall discharge, or change the place of any employee with the intent and for the purpose of impeding or preventing the free exercise of the franchise by such voters, shall be guilty of undue influence, and shall be punished as for a corrupt practice.

      Sec. 25.  Any candidate who, before or during any election campaign, makes any bet or wager of anything of pecuniary value, or in any manner becomes a party to any such bet or wager on the result of the election in this state, or in any part thereof, or on any event or contingency relating to any pending election, or who provides money or other valuable thing to be used by any person in betting or wagering upon the results of any pending election, shall be guilty of a corrupt practice. Any person who makes any bet or wager of anything of pecuniary value on the result of such election in this state or in any part thereof, or of any pending election, or on any event or contingency relating thereto, shall be guilty of a corrupt practice, and in addition thereto any such act shall be a ground of challenge against his right to vote.

      Sec. 26.  Any person shall be deemed to be guilty of the offense of personation who, at any election, applies for a ballot in the name of some other person, whether it be that of a person living or dead, or of a fictitious person, or who, having voted once at an election applies at the same election for a ballot in his own name; and on conviction thereof such person shall be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than three years.

person shall be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than three years.

      Sec. 27.  Any person shall be guilty of a corrupt practice within the meaning of this act if he expends any money for election purposes contrary to the provisions of any statute of this state, or if he is guilty of treating, undue influence, personation, the giving or promising to give, or offer of any money or valuable thing to any elector with intent to induce such elector to vote for or refrain from voting for any candidate for public office, or the ticket of any political party or organization, or any measure submitted to the people, at any election, or to register or refrain from registering as a voter at any state, district, county, city, town, village or school district election for public offices or on public measures. Such corrupt practice shall be deemed to be prevalent when instances thereof occur in different election districts similar in character and sufficient in number to convince the court before which any case involving the same may be tried that they were general and common, or where pursuant to a general scheme or plan.

      Sec. 28.  It shall be unlawful for any person to pay another for any loss or damage due to attendance at the polls, or in registering, or for the expense of transportation to or from the polls, or for the purpose of registering. No person shall pay for personal service to be performed on the day of a caucus, primary, convention, or any election, for any purpose connected therewith, tending in any way, directly or indirectly, to affect the result of the election, except for the hiring of not to exceed two persons for each polling precinct, whose sole duty shall be to act as challengers and watch the count of the official ballots.

      Sec. 29.  Any officer, agent, servant, employee or representative of a corporation, acting for such corporation, while without the State of Nevada, or any individual, while without the state, acting in behalf of himself, or another or others, who shall do any one or more of the acts and things prohibited by this act, shall be guilty of a corrupt practice and punished accordingly.

      Sec. 30.  No individual or committee representing any political party or candidate for office, and no candidate for office, either in a general, special or primary election, shall furnish or provide any buggy, carriage, wagon, cart, automobile, or conveyance of any kind or character whatsoever for the taking or transporting of a voter or voters to the polls, nor shall any other person or corporation furnish any of said conveyances for any such purpose in behalf of any candidate, political party, organization or measure; provided, that any two or more political parties may cooperate in the furnishing of conveyances for the purpose of taking sick or crippled persons to the polls, but when so furnished they shall have neither banner nor worker upon them.

Corrupt practices defined

When deemed prevalent

Payment of transportation or other expenses of voters prohibited

Employee of corporation culpable when

Conveyances must not be provided for voters

Exception, with provisions

Cigars, liquor and candy prohibited

Witness not to incriminate self

Certain inhibitions concerning newspapers

All printed matter must carry name of author and printer, with address

False printed statements punished

they shall have neither banner nor worker upon them. Any person violating this section shall be guilty of a corrupt practice.

      Sec. 31.  No candidate for office, either in a general, special or primary election shall peddle or distribute cigars, liquors or confectioneries to any person while such candidate, nor shall any person or persons in behalf of a candidate peddle or distribute cigars, tobaccos, liquors or confectioneries. Any person violating this section shall be guilty of a corrupt practice.

      Sec. 32.  No person, otherwise competent as a witness, shall be exempt from testifying as such, concerning any violation of this act, on the ground that such testimony may incriminate him; provided, no prosecution shall afterwards be had against any such witness for any offense concerning which he testifies.

      Sec. 33.  No publisher of a newspaper or other periodical shall insert, either in its advertisement or reading columns any paid matter which is designed or tends to aid, injure or defeat any candidate or political party or organization, or measure before the people, unless it is stated therein that it is paid advertisement, and the name of the chairman or secretary, or the names of the other officers of the political or other organization inserting the same, or the name of the person who is responsible therefor, if any, appear in such advertisement in the nature of a signature. No person shall directly or indirectly pay or offer any inducement to the owner, editor, publisher or agent of any newspaper or other periodical to induce him to editorially advocate or oppose any candidate for nomination or election, and no such owner, editor, publisher or agent of any newspaper or periodical shall accept such payment or other inducement. Any person who shall violate any of the provisions of this section shall be punished as for a corrupt practice.

      Sec. 34.  It shall be unlawful to write, print, or circulate through the mails or otherwise any letter, circular, bill, placard or poster relating to any election or to any candidate at any election, unless the same shall bear on its face the name and address of the author, and of the printer and publisher thereof; and any person writing, printing, publishing, circulating, posting, or causing to be written, printed, circulated, posted or published any such letter, bill, placard, circular, or poster, as aforesaid, which fails to bear on its face the name and address of the author and of the printer and publisher, shall be guilty of an illegal practice, and shall, on conviction thereof, be punished by a fine of not less than ten dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than eight months, or by both such fine and imprisonment. If any letter, circular, poster, bill, publication or placard shall contain any false statement or charges, whether such charges be direct or by innuendo, insinuation or implication, reflecting on any candidate’s character, morality or integrity, the author thereof and every person printing or knowingly assisting in the circulation thereof, shall be guilty of political criminal libel, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than one nor more than three years.

innuendo, insinuation or implication, reflecting on any candidate’s character, morality or integrity, the author thereof and every person printing or knowingly assisting in the circulation thereof, shall be guilty of political criminal libel, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than one nor more than three years. If the person charged with such crime shall, on his trial, prove that the statements made were true, or that he had reasonable ground to believe such charge was true, and did believe it was true, and that he was not actuated by malice in making such publication, it shall be a sufficient defense to such charge. But in the event the defense is that defendant had reasonable ground to believe the charge was true, and did believe it to be true, as a part of his defense, he shall also prove that, at least five days before such letter, circular, poster, bill or placard containing such false statement or statements was printed or circulated, he caused to be served personally upon the candidate to whom it relates a copy thereof in writing, and calling his attention particularly to the charges contained therein, and that, before printing, publishing, or circulating such charges, he received and read any denial, defense or explanation, if any, made or offered to him in writing by the accused candidate within five days after the service of such charge upon the accused person.

      Sec. 35.  The name of the candidate chosen at a primary nominating election or otherwise, shall not be printed on the official ballot for the ensuing election unless there has been filed by or on behalf of said candidate the statements of accounts and expenses relating to nominations required by this act, as well as a statement of his political agents and by his political committee or committees in his behalf, if public records disclose the existence of such agents, committee or committees. The officer, or board entrusted by law with the preparation of the official ballots for any election shall, as far as practical, warn candidates of the danger of omission of their names by reason of this provision, but delay in making any such statement beyond the time prescribed shall not preclude its acceptance or prevent the insertion of the name on the ballot if there is reasonable time therefor after the receipt of such statements. Any such vacancy on the ballot shall be filled by the proper committee of the political party affected in the manner authorized by law, but not by the use of the name of the candidate who failed to file such statements. No person shall receive a certificate of election until he shall have filed his statements required by this act.

      Sec. 36.  It shall be unlawful for any person to accept, receive or pay money or other valuable consideration for becoming or refraining from becoming a candidate for nomination or election. Upon complaint made to any district court, if the judge shall be convinced that any person has sought the nomination or seeks to have his name presented to the voters as a candidate for nomination by any political party, in violation of the provisions of this section, the judge shall forthwith issue a writ of injunction restraining the officer or officers whose duty it is to prepare the official ballots for such nominating election from placing the name of such person thereon as a candidate for nomination to any office.

Line of defense

Candidate’s name not to be put on official ballot unless statement regarding primary expenses is filed

Unlawful to be, or refrain from being, candidate for consideration

Judge to issue writ of injunction, when

Candidate not to be deprived of nomination or office for trivial offense

When deemed usurper of office

court, if the judge shall be convinced that any person has sought the nomination or seeks to have his name presented to the voters as a candidate for nomination by any political party, in violation of the provisions of this section, the judge shall forthwith issue a writ of injunction restraining the officer or officers whose duty it is to prepare the official ballots for such nominating election from placing the name of such person thereon as a candidate for nomination to any office. In addition thereto the court shall direct the district attorney to institute criminal proceeding against such person or persons for corrupt practice, and upon conviction thereof he and any person or persons paying or giving any such valuable consideration for becoming or refraining from becoming a candidate shall be punished by a fine of not more than one thousand dollars, or imprisoned in the county jail for not more than one year, or both.

      Sec. 37.  Where, upon the trial of any action or proceeding for the contest of the right of any person declared nominated or elected to office, or to annul or set aside such nomination or election, or to remove a person from his office, it appears from the evidence that the offense complained of was not committed by the candidate, or with his knowledge or consent, or was committed without his sanction or connivance, and that all reasonable means for preventing the commission of such offense at such election were taken by and on behalf of the candidate, or that the offense or offenses complained of were trivial, unimportant and limited in character, and that in all other respects his participation in the election were free from such offense or illegal acts, or that any act or omission of the candidate arose from inadvertence, or from accidental miscalculation, or from some other reasonable cause of a like nature and in any case did not arise from any want of good faith, and under the circumstances it seems to the court to be unjust that the said candidate shall forfeit his nomination or office or be deprived of any office of which he is the incumbent, then the nomination or election of such candidate shall not by reason of such offense or omission complained of be void, nor shall the candidate be removed or deprived of his office.

      Sec. 38.  Any person nominated or elected to any office in the state who has been guilty of a corrupt practice, or violated the provisions of this act, except as provided in the preceding section, shall forfeit such nomination or office to which he has been so nominated or elected and thereafter if he obtains possession of such office shall be deemed a usurper and upon the trial of any action or proceeding for the contesting of the rights of any person declared to be nominated to an office, or to annul or set aside such election, or to remove any person from his office, it shall be proven that such person was guilty of any corrupt practice, illegal act, or undue influence in or about such nomination or election, he shall be punished by being deprived of the nomination or office, as the case may be, and the vacancy therein shall be filled in the manner provided by law.

be punished by being deprived of the nomination or office, as the case may be, and the vacancy therein shall be filled in the manner provided by law. The only exception to this judgment shall be that provided in section 37 of this act; such judgment shall not prevent the candidate or officer from being proceeded against by indictment or criminal information for any such act or acts.

      Sec. 39.  If any district attorney shall be notified by an officer or other person of any violation of any of the provisions of this act within his jurisdiction, it shall be his duty forthwith to notify the attorney-general and to diligently inquire into the facts of such violation, and if there be reasonable ground for instituting a prosecution, it shall be the duty of such district attorney to file a complaint or information in writing before a court of competent jurisdiction, charging the accused person with such offense; if any district attorney shall fail or refuse to faithfully perform any duty imposed upon him by this act, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit his office. It shall be the duty of the district attorney, under penalty of forfeiture of his office, to prosecute any and all persons guilty of any violation of the provisions of this act, the penalty of which is fine or imprisonment, or both, or removal from office.

      Sec. 40.  A corporation for the violation of any of the provisions of this act shall be subject to a fine of not more than one hundred thousand dollars ($100,000), or may be subject to have declared a forfeiture of the charter and franchise of the corporation, if organized under the laws of this state, or if it be a foreign corporation it shall be subject to be enjoined from further transacting business in this state, or by both such fine and forfeiture, or by both such fine and injunction, as the case may be. And any officer or agent or employee of such corporation knowingly aiding, assisting or representing such corporation in the performance of such act shall be guilty of a corrupt practice and shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not less than one or more than twelve months, or by both such fine and imprisonment.

      Sec. 41.  Every person guilty of a corrupt practice, as defined in this act, is guilty of a crime and whoever violates any of the provisions of this act, the punishment for which is not specially provided by law, shall on conviction thereof be punished by imprisonment in the county jail for not more than one year, or by fine of not more than ten thousand dollars, or by both such fine and imprisonment.

      Sec. 42.  The statement of expenses required from candidates and others by this act shall be substantially as follows:

State of Nevada, County of ................................ ss.

      I, ............................., having been a candidate (or expended money)

Exception

District attorney and attorney-general to act

Penalties

Fines for corporations

General penalties and punishments

Statement of expenses

Form of statement

Jurat

money) at the election for the (state) (district) (city) of .........................., on the ............... day of....................., A.D. 19...., being first duly sworn, on oath so say: That I have carefully examined and read the return of my election expenses and receipts hereto attached, and to the best of my knowledge and belief that return is full, correct and true.

      And I further state on oath that, except as appears from this return, I have not, and to the best of my knowledge and belief no person, nor any club, society or association or political agent has on my behalf, whether authorized by me or not, made any payment or given, promised, or offered any reward, office, employment, or position, public or private, or valuable consideration, or incurred any liability on account of, or in respect to, the conduct or management of the said nomination (or election).

      And I further state on oath that, except as specified in this return, I have not paid any money, security, or equivalent for money, nor has any money or equivalent for money, to my knowledge or belief, been paid, advanced, given or deposited by any one to or in the hand of myself or any other person for my nomination or election or for the purpose of paying any expense incurred on my behalf on account of or in respect of the conduct or management of the said election.

      And I further state on oath that I will not, except as far as I may be permitted by law, at any future time make or be a party to the making or giving of any payment, reward, office, position or employment, or valuable consideration for the purpose of defraying any such expenses or obligations as herein mentioned or on account of my nomination or election, or provide or be a party to the providing of any money, security or equivalent for money for the purpose of defraying any such expense.

      And I further state that the following persons and no others were appointed by me as my political agents, viz: (give name and address). That herewith is attached true copies of the written appointments of such agents (attach copies of appointments). That I have received reports from all my political agents (or the facts). That I have not expended, paid out, authorized or become liable for any moneys or expenditures in excess of the amount permitted by statute, including the expenditure, debts and liabilities of my political agents. That I have read the laws of the State of Nevada concerning elections and that I have not knowingly violated any of such laws. (If any exceptions state them.)

                                                                (Signature of affiant).....................................................

      Subscribed and sworn to by the above-named ............................, on the ................. day of ..................., A. D. 19....., before me, in my county aforesaid.

                                                                ...................................................... (Title of officer.)

      Attached to said affidavit shall be a full and complete account of the receipts, contributions and expenses of said affiant, and of his supporters, of which he has knowledge, with numbered vouchers for all sums and payments for which vouchers are required.

affiant, and of his supporters, of which he has knowledge, with numbered vouchers for all sums and payments for which vouchers are required. The affidavit and account of the treasurer of any committee or any political party or organization shall be as nearly as may be in the same form, and so also shall be the affidavit of any person who has received or expended money in excess of the sum of fifty dollars to aid in securing the nomination or election or defeat of any candidate, or of any political party or of any measure before the people.

      Sec. 43.  Any person who shall knowingly make any false oath or affidavit, where an oath or affidavit is required by this act, shall be deemed guilty of perjury and punished accordingly.

      Sec. 44.  None of the provisions of this act shall be construed as governing, or relating to, or in any manner affecting any past acts, omissions or transactions.

      Sec. 45.  If any section or clause of this act shall be held unconstitutional it shall not affect or invalidate any other part of this act.

To contain full account

False oath perjury

Not retroactive

Each section independent

Chap. 283–An Act to promote the safety of employees and passengers upon railroads by limiting the hours of service [of] employees thereon and defining the duties of the district attorney and the state railroad commission in regard thereto.

[Approved March 31, 1913]

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

Assembly, do enact as follows:

      Section 1.  The provisions of this act shall apply to any common carrier or carriers, their officers, agents and employees, engaged in the transportation of passengers or property by railroad in the State of Nevada. The term “railroad,” as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract agreement, or lease and the term “employees,” as used in this act shall be held to mean persons actually engaged in or connected with the movement of any train.

      Sec. 2.  It shall be unlawful for any common carrier, its officers, or agents, subject to this act, to require or permit any employee subject to this act to be or remain on duty for a longer period than sixteen consecutive hours, and whenever any such employee of such common carrier shall have been continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such employee who has been on duty sixteen hours in the aggregate in any twenty-four hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty; provided,

Limiting day’s work on railroads

Terms defined

Sixteen hours the limit, either consecutively or within the 24-hour period

Proviso as to telegraph or telephone operators

Proviso; emergencies

Penalties for violation