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

[Approved January 24, 1907.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and per diem of members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specially appropriated, the sum of forty-five thousand ($45,000) dollars, which shall constitute the Legislative Fund.

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

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

State Treasurer required to set apart money.

Controller authorized to draw warrant.

Chap. II–An Act to authorize the School Trustees of Reno School District No. 10 in Washoe County to issue bonds for school purposes.

[Approved January 25, 1907.]

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

Assembly, do enact as follows:

      Section 1.  For the purposes of purchasing necessary sites and the construction of new school buildings thereon, and furnishing and equipping the same, and for the further purposes of constructing new school buildings on real estate already owned, and of furnishing and equipping the same, and for the further purposes of making the necessary repairs and additions to the school buildings now owned, and for the further purpose of liquidating the indebtedness existing on July 1, 1907, to the amount of ten thousand dollars ($10,000), the Board of School Trustees of Reno School District No.10, Washoe County, Nevada, are hereby authorized, under the provisions of this Act, to issue bonds, bearing interest not exceeding five (5) per cent per annum, for a sum not exceeding one hundred thousand dollars ($100,000), lawful money of the United States, which bonds shall not run for a period longer than fifty (50) years from the date thereof.

Bonds for various school purposes.

Bonds for various school purposes.

Denomination.

When payable.

How signed.

Reno School Building Fund.

Payment of bonds and interest provided for.

and for the further purposes of making the necessary repairs and additions to the school buildings now owned, and for the further purpose of liquidating the indebtedness existing on July 1, 1907, to the amount of ten thousand dollars ($10,000), the Board of School Trustees of Reno School District No.10, Washoe County, Nevada, are hereby authorized, under the provisions of this Act, to issue bonds, bearing interest not exceeding five (5) per cent per annum, for a sum not exceeding one hundred thousand dollars ($100,000), lawful money of the United States, which bonds shall not run for a period longer than fifty (50) years from the date thereof.

      Sec. 2.  Said bonds shall be issued for sums not less than two thousand dollars ($2,000) each, and the interest thereof shall be payable semi-annually, the coupons for said payments of interest being attached to each of said bonds.

      Sec. 3.  The principal of said bonds shall be made payable as follows; Two thousand dollars ($2,000) of said bonds shall be made payable January 1, 1908, and the remainder shall be made payable in annual payments thereafter of two thousand dollars ($2,000) each.

      Sec. 4.  The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees, and countersigned by the Treasurer of said Washoe County.

      Sec. 5.  All moneys received from the sales of said bonds shall be paid into the county treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Reno School Building Fund,” and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of School Trustees and approved by the County Superintendent. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 6.  For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Washoe County are hereby authorized and required, at the time of the annual levy of taxes for State and county purposes for the year 1907, and annually thereafter, to levy upon all taxable property of said Reno School District No. 10 an amount upon each one hundred dollars valuation of said property sufficient to pay the interest and principal of the bonds issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury, and set apart to a fund to be known as the “Reno School District Redemption Fund No.4,” and the money in said fund shall be paid out by the County Treasurer in payment of interest on the bonds aforesaid as the same become due, upon presentation of coupons therefor, and the payment of the principal upon the presentation and surrender of said bonds when they become due.

same become due, upon presentation of coupons therefor, and the payment of the principal upon the presentation and surrender of said bonds when they become due.

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

Where payable.

Chap. III–An Act to amend an Act entitled “An Act to fix the number of officers and attaches of the Legislature of the State of Nevada, and to define their duties and specify their pay.” approved March 2, 1891.

[Approved January 29, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section one of the Act of which this Act is amendatory is hereby amended so as to read as follows:

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

      Sec. 2.  Section two of the Act of which this Act is amendatory is hereby amended to read as follows:

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

      Sec. 3.  Section three of the Act of which this Act is amendatory is hereby amended to read as follows:

      Section 3.  There shall be paid to the several officers and attaches named in this Act, for all the services rendered by them under the provisions of this Act the following sums of money, and no more; Secretary of Senate and Chief Clerk of the Assembly shall each receive seven dollars per day; the Assistant Secretary of the Senate and the Assistant Clerk of the Assembly shall each receive six dollars per day; the Minute Clerk, the Assistant Minute Clerk, the Journal Clerk, the Assistant Journal Clerk, the Engrossing Clerk, the Assistant Engrossing Clerk, shall each receive six dollars per day, and the Enrolling Clerk and the Assistant Enrolling Clerk of the Senate and of the Assembly shall each receive five dollars per day; the Sergeant-at-Arms and the Assistant Sergeant-at-Arms of the Senate and of the Assembly shall each receive six dollars per day; the Copying Clerk of the Senate and of the Assembly shall each receive five dollars per day; the Committee Clerks of the Senate and of the Assembly shall each receive five dollars per day; the Messenger of the Senate and of the Assembly shall each receive four dollars per day; the Pages of the Senate and of the Assembly shall each receive two dollars per day; the Porter of the Senate and of the Assembly shall each receive three dollars per day; provided, however, that in case either the Senate or the Assembly shall organize or act with a less number of attaches than herein provided, such organization or action shall be legal; and provided further, that either the Senate or the Assembly may, by resolution, increase or diminish the number of its attaches at any time during the session, within the limits hereinbefore provided.

Attaches of the Senate.

Of the Assembly.

Salaries of attaches.

Salaries of attaches.

Repeal

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

      Sec. 4.  All Acts and parts of Acts in conflict herewith are hereby repealed.

Goldfield to be county seat of Esmeralda County.

Officers to move offices.

Power to sell immovable property.

Office room to be provided.

Chap. IV.–An Act to remove the county seat of Esmeralda County from the Town of Hawthorne to the Town of Goldfield.

[Approved February 4, 1907.]

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

Assembly, do enact as follows:

      Section 1.  From and after the first day of May, in the year of our Lord one thousand nine hundred and seven, the county seat of Esmeralda County shall be located at the Town Esmeralda of Goldfield, in said county.

      Sec. 2.  It shall be the duty of the officers of said county, who are required by law to keep their offices at the county seat, to remove the same to the said Town of Goldfield one week preceding the first day of May, in the year of our Lord one thousand nine hundred and seven.

      Sec. 3.  The County Commissioners of Esmeralda County shall provide for the removal of the archives, and all other movable property belonging to said county, and now located at the Town of Hawthorne, to the said Town of Goldfield, and shall have power to sell and convey any real or immovable property situated in the Town of Hawthorne, belonging to said Esmeralda County, and shall pay the proceeds of such sale into the county treasury of said county.

      Sec. 4.  It shall be lawful for the Board of County Commissioners of said Esmeralda County, and it is hereby made their duty, to provide for the use of the various officers such buildings, rooms or offices as are required by law.

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

[Approved February 4, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred and fifty ($150) dollars is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to Miss Tichelle S. Cohn for copying the Journal of the Senate for the Twenty-third Session of the Nevada State Legislature, for the State Printer.

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

Appropriation for copying Senate Journal.

Secretary of State to certify.

Chap. VI.–An Act to amend the title and section one, section two, section five, section six, section seven, and section eight of an Act entitled “An Act to authorize the Board of County Commissioners of Humboldt County to issue bonds for the purpose of creating a fund for the purchase of lands and erection thereon suitable buildings for the care of the indigent of said county,” approved March 24, 1905.

[Approved February 4, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The title of said Act is hereby amended so as read as follows: “An Act to authorize the Board of County Commissioners of Humboldt County to issue bonds for the purpose of creating a fund for the purchase of lands and erection thereon suitable buildings for the care of the indigent and dependent sick of said county.”

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

      Section 1.  The Board of County Commissioners of Humboldt County, Nevada, are hereby authorized, empowered and required to prepare and issue the bonds of said county, in the amount of fifteen thousand dollars, exclusive of interest, for the purpose of providing funds for the purchase of lands and the erection thereon of suitable buildings for the reception and care of the indigent and dependent sick of said county.

      Sec. 3.  Section two of the above-entitled Act is hereby amended so as to read as follows:

Title of previous Act amended

Duty of County Commissioners.

Denomination of bonds.

Bonds and interest, when payable.

Redemption of bonds.

County Indigent Bond Fund.

      Section 2.  The bonds authorized under the provisions of section one of this Act shall be issued in the sum of five hundred dollars each, shall bear interest at the rate of six per cent per annum; said bonds shall be numbered from one to thirty inclusive, and shall be signed by the Chairman of the Board of County Commissioners, countersigned by the County Treasurer and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bond, and each of the said coupons shall be consecutively numbered and signed by the Chairman of the Board of County Commissioners and the County Treasurer.

      Sec. 4.  Section five of the above-entitled Act is hereby amended so as to read as follows:

      Section 5.  Said bonds together with the interest thereon shall be payable annually on the first Monday of January of each year at the office of the County Treasurer of said Humboldt County, as the same become due, and interest on such bonds shall cease as the same mature.

      Sec. 5.  Section six of the above-entitled Act is hereby amended so as to read as follows:

      Section 6.  On the first Monday of January (1908), nineteen hundred and eight, and annually thereafter, five of said bonds, together with the interest thereon, shall be paid and redeemed by the County Treasurer of Humboldt County. The payment and redemption of said bonds shall be in the order of their issuance, the lowest numbered bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this Act shall have been paid and redeemed. Coupons shall be paid annually, and in no case shall any of said bonds run for a longer period than six years.

      Sec. 6.  Section seven of the above-entitled Act is hereby amended so as to read as follows:

      Section 7.  For the purpose of creating a fund for the payment of the bonds authorized by this Act and the interest thereon, the Board of County Commissioners of Humboldt County are hereby authorized and required to levy and collect annually a sufficient tax on all property, both real and personal, within the boundaries of said Humboldt County, to redeem five of said bonds each year, and the payment each year of the accumulated interest on all the bonds authorized by this Act. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected and the proceeds thereof shall be kept by the County Treasurer in a special fund to be known as the “County Indigent Bond Fund.”

      Sec. 7.  Section eight of the above-entitled Act is hereby amended so as to read as follows:

      Section 8.  The money received from the sale of the bonds authorized by this Act shall be kept by the County Treasurer in a special fund to be known as the “Hospital Building Fund,” and shall be used only for the purchase of not to exceed eighty acres of land in Humboldt County and the erection and furnishing thereon of suitable buildings for the reception, care and comfort of the indigent and dependent sick of Humboldt County.

in a special fund to be known as the “Hospital Building Fund,” and shall be used only for the purchase of not to exceed eighty acres of land in Humboldt County and the erection and furnishing thereon of suitable buildings for the reception, care and comfort of the indigent and dependent sick of Humboldt County.

Hospital Building Fund.

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

[Approved February 7, 1907.]

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

Assembly, do enact as follows:

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

      Sec. 2.  Upon a receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Assembly for the Twenty-third Session of the Nevada State Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Mrs. James Meffley, named in section one of this Act, for the sum of one hundred and seventy-five dollars ($175), and the State Treasurer shall pay the same.

Appropriation for copying Assembly Journal.

Secretary of State to certify.

Chap. VIII.–An Act to authorize the City Council of the City of Reno to dispose of certain lands belonging to the City of Reno.

[Approved February 7, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The City Council of the City of Reno is hereby authorized to sell, after the same has been duly appraised in the manner otherwise provided by law, that certain piece or parcel of land, in said City of Reno, known and described as southeast corner of the north one-half of lot 11, block W of the original townsite of Reno, lying south of the Riverside Mill Ditch, fronting 6 feet on Center street and containing in all about 45 square feet.

      Sec. 2.  For the purpose of carrying out the provisions of this Act all Acts and parts of Acts in conflict herewith are hereby repealed; provided, that such repeal shall be effective only for the purposes aforesaid and for no other purpose.

Description of land.

Repeal.

Proviso.

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

Board of Examiners to allow claim upon proper proof.

Duties of Controller and Treasurer.

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

[Approved February 7, 1907.]

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

Assembly, do enact as follows:

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

      Sec. 2.  Annually on the first Monday in September, 1907 and 1908, the State Board of Examiners shall audit and allow the Post Quartermaster of the Grand Army at Carson City, Nevada the sum of one hundred dollars, upon the filing with said Board of Examiners, by the said Post Quartermaster, of the claim and a sworn statement that the amount had been expended as provided in Section 1 of this Act.

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

Official Reporter for Supreme Court authorized.

Salary.

Duties of Controller and Treasurer.

Chap. X.–An Act to provide a Reporter for the Supreme Court of the State of Nevada, and fix his compensation.

[Approved February 7, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Supreme Court of the State of Nevada is hereby authorized to appoint an Official Reporter who shall be a competent stenographer and who shall perform such duties as may be required of him by said Court, and whose compensation shall be one hundred and twenty-five dollars per month.

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

      Sec. 3.  This Act shall take effect immediately.

Chap. XI.–An Act to amend an Act entitled “An Act concerning the courts of justice of this State and judicial officers,” approved January 26, 1865.

[Approved February 13, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section forty-five of an Act entitled “An Act concerning the courts of justice of this State and judicial officers,” approved January 26, 1865, is hereby amended so as to read as follows:

      Section 45.  A Judge shall not act as such in an action or proceeding to which he is a party, or in which he is interested. Second, when he is related to either party by consanguinity or affinity within the third degree. Third, when he has been attorney or counsel for either party in the action or proceeding. Fourth, when he is related to any attorney or counselor, for either of the parties, by consanguinity or affinity within the fourth degree, but this section shall not apply to the arrangement of the calendar, or the regulation of the order of business.

Judge not to act in certain cases.

Chap. XII.–An Act to amend section one of an Act entitled “An Act to amend an Act entitled ‘An Act concerning District Attorneys,’ approved March 11, 1865,” approved March 6, 1889.

[Approved February 13, 1907.]

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

Assembly, do enact as follows:

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

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

      Section 6.  If he fails to attend any session of the District Court, or for any reason is disqualified from acting in any matter coming before said court, the Court may appoint some other person to perform the duties of District Attorney, who shall receive a reasonable compensation, to be certified by the Court and paid out of the county treasury. If the District Attorney shall wilfully neglect to attend any session of the District Court the amount so paid shall be deducted by the Board of County Commissioners from the salary allowed to said District Attorney.

District Attorney to forfeit office and salary for neglect of duty.

Salaries of Supreme Justices increased.

When to take effect.

Repeal.

Chap. XIII.–An Act fixing the salaries of the Justices of the Supreme Court of the State of Nevada.

[Approved February 14, 1907.]

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

Assembly, do enact as follows:

      Section 1.  From and after the expiration of the terms of the present incumbents each Justice of the Supreme Court of the State of Nevada shall receive a salary of six thousand dollars a year, payable in the manner and at the times now prescribed by law.

      Sec. 2.  This Act shall take effect first in fixing the salary of the Justice of the Supreme Court of the State of Nevada to be elected in the year one thousand nine hundred and eight; second, in fixing that of each succeeding Justice as he is elected.

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

Preamble.

Lost poll-tax receipts.

Appropriation of $37.50 for A. C. House.

White Pine County Commissioners to appropriate like sum.

Chap. XIV.–An Act for the relief of A. C. House.

[Approved February 14, 1907.]

      Whereas, In the year nineteen hundred and six A. C. House, then Assessor of White Pine County, settled in full for all poll tax received from the State Controller for White Pine County for that year; and

      Whereas, During the said year one poll-tax book issued by the State Controller and charged to the said A. C. House, containing twenty-five blank receipts, which said receipts were delivered by they said A. C. House to P. A. Danoher during the year 1906, and which receipts were lost, and no value or compensation was received for them by said A. C. House, said receipts being of the value of seventy-five dollars; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of thirty-seven dollars and fifty cents is hereby appropriated, out of any moneys in the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of thirty-seven dollars and fifty cents in favor of A. C. House, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  The Board of County Commissioners of White Pine County is hereby directed and required to allow the claim of A. C. House in the sum of thirty-seven dollars and fifty cents, the proportion received by the county on allowance for said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same.

the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same.

Chap. XV.–An Act for the relief of Lucy Fitzpatrick, Annie Lucy, Belle Bryant, Ella Smaill, L. H. Legris, Geo. W. Keith, Chester Newnham, A. Wise, Fannie Dodd, Carrie Cottrell, R. E. Wallace, Mollie O’Connor, Lillian Richards, Grey Davis, H. Harris, and Frank Raycraft.

[Approved February 14, 1907.]

      Whereas, On the first day of the Twenty-third Session of the Nevada Legislature, the above-named persons were by resolution appointed to different positions as attaches to the Legislature, said action not being in accordance with the then existing law. Said attaches performed their duties without having received compensation; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of six hundred and ninety-four ($694) dollars is hereby appropriated out of the Legislative Fund for the payment of the amounts following:

      Lucy Fitzgerald, forty-eight dollars; Annie Lucy, forty-eight dollars; Belle Bryant, forty-eight dollars; Ella Smaill, forty dollars; L. H. Legris, forty dollars; G. W. Keith, forty dollars; Chester Newnham, sixteen dollars; A. Wise, fifty-four dollars; Fannie Dodd, fifty-four dollars; Carrie Cottrell, fifty-four dollars; R. E. Wallace, fifty-four dollars; Mollie O’Connor, forty-five dollars; Lillian Richards, forty-five dollars; Grey Davis, forty-five dollars; H. Harris, forty-five dollars: Frank Raycraft, eighteen dollars.

      Sec. 2.  The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

For relief of attaches of the Twenty-third Session

Amounts appropriated

Duties of Controller and Treasurer.

Chap. XVI.–An Act to amend sections five hundred and sixteen, five hundred and seventeen and five hundred and eighteen of an Act entitled “An Act to regulate proceedings in civil cases in the courts of justice of this State, and to repeal all other Acts in relation thereto,” approved March 8, 1869.

[Approved February 15, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section five hundred and sixteen of which this Act is amendatory is hereby amended so as to read as follows:

What summons shall contain.

Different periods specified for appearance and answer.

Service by publication.

this Act is amendatory is hereby amended so as to read as follows:

      Section 516.  The summons must be directed to the defendant, and signed by the Justice, and shall contain:

      First-The title of the court, the name of the township and county in which the action is brought, and the names of the parties thereto.

      Second-A direction that the defendant appear and answer before the Justice at his office as specified in section five hundred and seventeen of this Act.

      Third-A notice that unless the defendant shall appear and answer, the plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or will apply to the court for the relief demanded in the complaint.

      If the plaintiff appears by attorneys, the names of the attorneys must be endorsed upon the summons.

      Sec. 2.  Section five hundred and seventeen of which this Act is amendatory is hereby amended so as to read as follows:

      Section 517.  The time specified in the summons for the appearance of the defendant must be as follows:

      First-If an order for arrest is endorsed upon the summons, then forthwith.

      Second-In all other cases the summons must contain a direction that defendant must appear and answer the complaint within five days, if the summons be served in the township or city in which the action is brought; ten days if served out of the township or city, but within the county in which the action is brought; and twenty days if served elsewhere.

      Third-When the person on whom the service is to be made resides out of the State, or has departed from the State, or cannot, after due diligence, be found within the State, or conceals himself to avoid the service of summons, or being a corporation or joint stock association, cannot be served as provided in section twenty-nine, and the fact shall appear by affidavit to the satisfaction of the Justice thereof, and it shall in like manner appear that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action, such Justice may grant an order that the service be made by the publication of the summons.

      Fourth-The order shall direct the publication to be made in a newspaper to be designated by the Justice as most likely to give notice to the person to be served, for a period of four weeks, and at least once a week during said time. In case of publication where the residence of the non-resident or absent defendant is known, the Justice shall also direct a copy of the summons and complaint to be deposited in the postoffice, postage prepaid, directed to the person or corporation to be served, at the residence of such person or place of business of such corporation.

of such corporation. When publication is ordered, personal service of a copy of the summons and complaint out of the State shall be equivalent to publication and deposit in the postoffice. The service of summons shall be deemed complete in case of publication at the expiration of four weeks from the first publication, and in case where a deposit of a copy of the summons in the postoffice is also required, at the expiration of four weeks from such deposit. A copy of the complaint shall also be served with the copy of the summons upon each of the defendants.

      Sec. 3.  Section five hundred and eighteen of which this Act is amendatory is hereby amended so as to read as follows:

      Section 518.  The summons may be served by a Sheriff or a Constable of any of the counties of this State, or by any male citizen of the United States over the age of twenty-one years, as follows:

      First-If the action be against a corporation, by a delivery of a copy to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof, or when no such officer resides in the county, to a director resident therein.

      Second-If against a minor under the age of fourteen years, by delivery of a copy to such minor, and also to his father, mother, or guardian; or if there be none within the county, then to any person having the care or control of such minor or with whom the resides, or in whose service he is.

      Third-If against a person judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, by delivery of a copy to such guardian.

      Fourth-In all other cases, by delivery of the copy to the defendant personally.

Service complete, when.

Summons, by whom served.

On whom served.

On minor, how.

On incompetent person, how.

Chap. XVII.–An Act relating to the compensation of county officers in Nye County, in the State of Nevada, and to repeal an Act entitled “An Act relating to the compensation of county officers in Nye County, State of Nevada,” approved March 13, 1905.

[Approved February 2, 1905.]

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

Assembly, do enact as follows:

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

      The Sheriff and ex officio Assessor shall receive two thousand ($2,000) dollars per annum, and such fees and commissions as are now allowed by law.

      The Sheriff and ex officio Assessor shall be allowed such Deputy Sheriffs and Deputy ex officio Assessors as, in the best judgment of the Board of County Commissioners, are deemed necessary for the best interests of Nye County, and the said Board of County Commissioners shall fix and regulate the salaries of the said Deputy Sheriffs and Deputy ex officio Assessors.

Salaries of Nye County officers.

Sheriff.

Deputy Sheriffs and Assessors.

Salary.

Treasurer.

County Commissioners.

Mileage.

Deputy County Clerk

District Attorney.

Mileage for District Attorney.

No salary for Deputy District Attorneys.

Repeal

judgment of the Board of County Commissioners, are deemed necessary for the best interests of Nye County, and the said Board of County Commissioners shall fix and regulate the salaries of the said Deputy Sheriffs and Deputy ex officio Assessors.

      The Treasurer of Nye County shall receive the sum of three thousand six hundred dollars ($3,600) per annum.

      The County Commissioners of Nye County shall each receive nine hundred ($900) dollars per annum and mileage at the rate of twenty cents per mile in going to and returning from the county seat when upon regular or special attendance of the Board of County Commissioners.

      The County Clerk of Nye County shall be allowed one deputy to his office, the salary and compensation of said deputy to be fixed and regulated by the Board of County Commissioners.

      The District Attorney shall receive the sum of seven thousand five hundred ($7,500) dollars per annum, and the said District Attorney shall draw no money from the county treasury for any vagrancy or other conviction had within the county.

      The District Attorney shall be allowed mileage at the rate of twenty cents per mile in going to and coming from any part of Nye County when acting in his official capacity and on official business.

      The District Attorney may appoint such deputy or deputies as in his judgment are necessary, but no money shall be drawn from the county treasury as salary or recompense for the services rendered by such deputy or deputies.

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

Appropriation of certain waters for public use.

Existing rights to be respected.

Chap. XVIII.–An Act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a State Engineer, an Assistant State Engineer, and fixing their compensation, duties and powers, defining the duties of the State Board of Irrigation, providing for the appointment of Water Commissioners and defining their duties.

[Approved February 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  All natural watercourses and natural lakes, and the waters thereof which are not held in private ownership, belong to the State and are subject to appropriation for beneficial uses.

      Sec. 2.  All existing rights to the use of water, whether acquired by appropriation, or otherwise, shall be respected and preserved, and nothing in this Act shall be construed as enlarging, abridging or restricting such rights.

and preserved, and nothing in this Act shall be construed as enlarging, abridging or restricting such rights.

      Sec. 3.  There is no absolute property in the waters of a natural watercourse or natural lake. No right can be acquired to such waters, except an usufructuary right-the right to use it, or to dispose of its use for a beneficial purpose. When the necessity for the use of water does not exist, the right to divert it ceases, and no person shall be permitted to divert or use the waters of a natural watercourse or lake, except at such times as the water is required for a beneficial purpose.

      Sec. 4.  No person shall be permitted to divert or use any more of the waters of a natural watercourse or natural lake than sufficient, when properly and economically used, to answer the purpose for which the diversion is made; nor shall any person be permitted to waste any such water, and all surface water remaining after use, unavoidable wastage excepted, shall be returned to the channel by the persons diverting the same, without unreasonable delay or detention.

      Sec. 5.  The maximum quantity of water which may hereafter be appropriated for irrigation purposes in the State of Nevada shall not exceed three acre-feet per year for each acre of land supplied.

      Sec. 6.  In all measurements of water in this State a cubic foot of water per second of time shall be the standard of measurement.

      Sec. 7.  The prior right to the use of the unappropriated waters of the natural watercourses and natural lakes, as defined in this Act, may be acquired in the manner provided in this Act, and not otherwise.

      Sec. 8.  The office of State Engineer is hereby created. He shall be appointed by the Governor, and shall receive a salary not exceeding twenty-four hundred ($2,400) dollars per annum, payable in equal monthly installments by the State Treasurer upon warrants drawn by the State Controller. He shall keep his office at the State Capitol. No person shall be appointed as such State Engineer who does not have such training in hydraulic engineering and such practical skill and experience as shall fit him for the position. He shall hold his office at the pleasure of the Governor, but his successor shall, in all cases, have the foregoing qualifications and recommendations.

      Sec. 9.  Before entering upon the duties of his office the State Engineer shall take and subscribe an official oath, such as is provided by law for State officers, before some officer authorized by the law of the State to administer oaths, and shall file with the Secretary of State said oath and his official bond in the penal sum of five thousand dollars, with not less than two sureties, to be approved by the Governor of the State, and conditioned for the faithful discharge of his official duties, and for the delivery to his successor, or other person appointed by the Governor to receive the same, all moneys, books, and other property belonging to the State then in his hands and under his control, or with which he may be chargeable as each officer.

None but usufructuary rights to be acquired.

No waste of water permitted.

Maximum quantity names.

Standard of measurement.

Prior right, how acquired.

Office of State Engineer created.

Salary, duties and qualifications.

Oath and bond of State Engineer.

Further duties of State Engineer.

Assistant State Engineer, salary; other assistants.

Expenses of State Engineer and Assistant.

To make reports.

books, and other property belonging to the State then in his hands and under his control, or with which he may be chargeable as each officer.

      Sec. 10.  The State Engineer shall perform such duties as are prescribed herein. He shall become conversant with the State and the needs of the State as to irrigation matters, and in his reports to the Governor he shall make such suggestions as to the amendment of existing laws, or the enactment of new laws, as his information and experience shall suggest; and he shall keep in his office full and proper records of his work, observations and calculations; all of which shall be the property of the State. He shall cooperate with the Secretary of the Interior in all work of construction, operation, maintenance and management of irrigation works constructed by the Secretary of the Interior in and for the benefit of Nevada, under an Act of Congress of the United States, approved June 17, 1902, entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands,” and shall in every way facilitate the work of the Secretary of the Interior in carrying out the provisions of said Act in the State of Nevada.

      Sec. 11.  The State Engineer shall have the power to employ one Assistant Engineer at a salary not to exceed $1,800 per annum, and to employ other assistants at a total additional expense not to exceed $1,000 per annum; such Assistant Engineers and such additional assistants to be paid out of the money appropriated for that purpose, on the certificate of the State Engineer and the approval of the State Board of Examiners. He may also appoint as Assistant Engineers and as additional assistants such persons in the service of the United States Geological Survey as may be designated by the Secretary of the Interior, or the Director of the United States Geological Survey; but such Assistant Engineers and such additional assistants shall be entitled to no compensation from the State of Nevada and no expense shall be incurred therefor, except as hereinbefore provided.

      Sec. 12.  When the State Engineer, or his Assistant Engineer, is called away from his office he shall be entitled to his actual traveling expenses, which shall be paid out of any money appropriated for that purpose, on the certificate of said State Engineer approved by the State Board of Examiners.

      Sec. 13.  The State Engineer shall prepare and render to the Governor, biennially, and oftener if required, full and true reports of his work, touching all the matters and duties devolving upon him by virtue of his office, which report shall be delivered to the Governor on or before the 31st day of December of the year preceding the regular session of the Legislature.

      Sec. 14.  Such State Engineer shall prepare for each stream in the State of Nevada a list of the appropriations of water according to priority, and in order to make such list, he shall enclose to each person having a claim to the waters of such stream a blank form, on which said claimant shall present in writing all the particulars showing the amounts and dates of appropriations to the use of water of said stream to which he lays claim; the said statement to include the following:

water according to priority, and in order to make such list, he shall enclose to each person having a claim to the waters of such stream a blank form, on which said claimant shall present in writing all the particulars showing the amounts and dates of appropriations to the use of water of said stream to which he lays claim; the said statement to include the following:

      His best information concerning:

      The name and address of the claimant.

      The nature of the use on which the claim for an appropriation is based.

      The time of the commencement of such use, and if distributing works are required.

      The year of beginning of survey.

      The year of beginning of construction.

      The year when completed.

      The year of beginning and completion of enlargements.

      The dimensions of the ditch as originally constructed and as enlarged.

      The year when water was first used for irrigation or other beneficial purposes, and if used for irrigation, the amount of land reclaimed or irrigated the first year; the amount in subsequent years, with the dates of reclamation, and the amount of land such ditch is capable of irrigating. The character of the soil and the kind of crops cultivated, and such other facts as will show a compliance with the law in acquiring the appropriation and the rank of priority claimed.

      Sec. 15.  Each of said claimants shall be required to certify to his statements under oath, and any officer authorized to administer oaths is hereby authorized to administer such oaths.

      Sec. 16.  The failure of any claimant to make such a sworn statement within ninety days after notice that such statement is required by the State Engineer, shall be punishable as a misdemeanor on the complaint of the State Engineer or any of his assistants.

      Sec. 17.  It shall be the duty of the State Engineer, or some qualified assistant, as soon as practicable, to make an examination of such stream and the works diverting therefrom, said examination to include the measurement of the discharge of said stream unless adequate proof is available from the measurements made by the United States Government, and of the carrying capacity of the various ditches and canals diverting water therefrom; an examination of the irrigated lands, and an approximate measurement of the lands irrigated, or susceptible of irrigation, from the various ditches and canals, which said observations and measurements shall be reduced to writing, and made a matter of record in his office, and it shall be the duty of the State Engineer to make or cause to be made a map or plat, on a scale of not less than one inch to the mile, showing, with substantial accuracy, the course of said stream, the location of each ditch or canal diverting water therefrom, and the legal subdivisions of lands which have been irrigated or which are susceptible of irrigation from the ditches and canals already constructed.

Method of appropriation.

What statement must include.

Oath of claimants.

Claimant must make statement within 90 days.

Method of determining lands susceptible of irrigation.

State Engineer to issue certificate giving names, etc., of appropriators.

Aggrieved parties may bring action.

Water Commissioners to apportion water.

State Engineer a member and Secretary of State Board of Irrigation.

course of said stream, the location of each ditch or canal diverting water therefrom, and the legal subdivisions of lands which have been irrigated or which are susceptible of irrigation from the ditches and canals already constructed. In performing such work the State Engineer or his assistant may avail himself of works, records and information of the United States Geological Survey.

      Sec. 18.  Within thirty days after the preparation of the list of priorities of appropriation of the use of waters of any stream, it shall be the duty of the State Engineer to issue to each person, association or corporation, represented in such list, a certificate to be signed by the State Engineer, setting forth the name and postoffice address of the appropriator, the priority number of such appropriation, the amount of water appropriated and the amount of prior appropriations, and if such appropriations be for irrigation, a description of the legal subdivisions of the lands to which said water is to be applied. And he shall also send such certified list, by registered mail, to the County Recorder of the county in which such appropriations shall have been made, as well as to the County Recorder of the county in which the waters appropriated are used, and it shall be the duty of said County Recorder, within ten days after the receipt of such certificate, to record the same in a book specially prepared and kept for that purpose, and the fee for such record shall be fixed by the Governor and shall be allowed and paid by the Board of Examiners out of funds in the treasury applicable thereto.

      Sec. 19.  Any party, or number of parties acting jointly, who may feel themselves aggrieved by the determination of the State Engineer, may bring an action in any court having jurisdiction against such State Engineer and all persons having interests adverse to the party or parties bringing the action, to have their respective rights determined. Such action must be brought within one year after the record of such list of priorities of appropriation has been recorded. Such action shall be tried as speedily as possible, and the Court is hereby authorized to employ a Hydraulic Engineer or other expert to examine and make report under oath upon any subject-matter in controversy, the cost of such employment to be equitably apportioned by the Court and charged against the parties to the suit as costs.

      Sec. 20.  The Water Commissioners hereafter provided shall make apportionment of the waters of such stream according to the list of priorities recorded as aforesaid, unless such list be corrected by the judgment of some court having jurisdiction of the subject matter.

      Sec. 21.  The State Engineer shall be a member of the State Board of Irrigation created by an Act of the Legislature of the State of Nevada, approved March 16, 1901, entitled “An Act to provide for the measurement of streams, the survey of reservoir sites, the determination of irrigation possibilities, and for the best methods of controlling and utilizing the water resources of the State of Nevada in cooperation with the United States Geological Survey and the United States Department of Agriculture, and the Nevada Experiment Station.”

reservoir sites, the determination of irrigation possibilities, and for the best methods of controlling and utilizing the water resources of the State of Nevada in cooperation with the United States Geological Survey and the United States Department of Agriculture, and the Nevada Experiment Station.” The said State Engineer shall be the Secretary of said Board of Irrigation, and shall keep the record thereof in his office.

      Sec. 22.  The said Board of Irrigation shall divide the State of Nevada into such water divisions or water districts as seem to it advisable, and may change the same from time to time. It may appoint Water Commissioners, whose duty it shall be to measure and divide amongst the appropriators the water of such streams according to priority of right and the amount to which each is entitled. It may make such rules and regulations as it shall deem advisable for the proper and economical administration of the waters of such streams.

      Sec. 23.  The Board of Irrigation shall determine the number and compensation of the Water Commissioners appointed under this Act, and said Water Commissioners shall be and act under the direction of the State Engineer. The compensation of said Water Commissioners shall be paid, upon the approval of the Board of Irrigation, by the county in which the work of such Commissioners is performed, in the same manner as other county bills are presented and allowed.

      Sec. 24.  Any person, association or corporation desiring to appropriate any of the public waters, or to change the place of diversion or manner of use of water now appropriated, shall before performing any work in connection with such appropriation make an application to the State Engineer for permission to make the same. Said application shall set forth the name and postoffice address of the applicant, the source from which said appropriation shall be made, the amount thereof, location of proposed works in connection therewith, the purpose for which the appropriation is desired, and if for irrigation a description of the land to be irrigated and the area thereof, and any additional facts required by the State Engineer. On receipt of this application, which shall be of a form prescribed by the State Engineer and to be furnished by him without cost to the applicant, it shall be his duty to make a record thereof in his office, and to carefully examine the same to ascertain whether it sets forth all facts necessary to determine the nature and amount of the proposed appropriation. If the application be defective it shall be the duty of the State Engineer to return the same to the applicant for correction, and sixty days shall be allowed for the refiling thereof. If refiled, corrected in proper form, within such time, the application shall, upon being accepted, take priority as of date of original filing subject to compliance with the further provisions of the law and the regulations thereunder.

Powers and duties of said Board.

Number and compensation of Water Commissioners.

Appropriators to obtain permission from State Engineer

Application to contain.

Certain conditions.

Publication, when necessary.

Vested rights never to be lost.

State Engineer to refuse application, when.

To approve application, when.

take priority as of date of original filing subject to compliance with the further provisions of the law and the regulations thereunder.

      Sec. 25.  If not corrected as required, no further proceedings shall be had on such application, but when filed in compliance with this Act, the State Engineer shall within thirty days at the expense of the applicant, to be paid in advance, publish or cause to be published in some newspaper having a general circulation within the boundaries of the river system or water system or water source from which said appropriation is to be made, a notice of the application, showing by whom made; the quantity of water sought to be appropriated; the stream from which the appropriation is to be made, and at what point on the stream; the use for which it is to be appropriated, and by what means, which notice shall be published once a week for four weeks. Any person, corporation or association interested may, at any time within thirty days after completion of the publication of said notice, file with the State Engineer a written protest against the granting of said application, stating the reasons therefor, which shall be duly considered by said Engineer. He may, in his discretion, hear evidence in support of or against such application and shall take such action thereon as he may deem proper and just. But vested rights to the use of such waters shall in nowise be lost, prejudiced or impaired by failure to protest against an application to appropriate the same under this Act.

      Sec. 26.  If there is no unappropriated water in the source of supply or if such change of place of diversion or manner of use will in any substantial way invade or impair the rights of other appropriators the State Engineer shall refuse such appropriation, endorse his refusal upon the application, make a record of his refusal and endorsement in his office, and return the application so endorsed to the applicant, who shall not prosecute the work under his application so long as such refusal shall be in force, under penalty of being deemed guilty of and punished for a misdemeanor. If there is unappropriated water in the source of supply named and the appropriation is not detrimental to the public welfare or the proposed change of place of diversion and manner of use will not invade or impair the rights of other appropriators, the State Engineer shall approve the application and set a date prior to which work of diversion and appropriation must be begun and a date prior to which such work must be completed, endorse such approval upon the application, make a record of such approval and endorsement in his office, and return the application so endorsed to the applicant, who shall, on receipt thereof, be authorized to take such measures as may be necessary to perfect such appropriation; provided, however, that the State Engineer may approve an application for a less amount of water than that named in the application.

tion. Any person changing his place of diverson or manner of use as specified in this Act shall not thereby lose any priority of right upon the stream he may have heretofore acquired.

      Sec. 27.  Any party feeling himself aggrieved by the action of the State Engineer in refusing his application in whole or in part, or in allowing such application against his protest, may bring an action, in any court having jurisdiction of the matter, against the State Engineer to compel him to reverse or modify his decision, and all persons having interests adverse to the party or parties bringing such action shall be joined therein with the State Engineer as defendants. Such action must be commenced within sixty days after notice in writing of the decision by the State Engineer complained of, and shall be begun and prosecuted in all respects like the ordinary civil action in this State, and shall be tried de novo by the court. Any party feeling himself aggrieved by the decision of the court may have the same reviewed, in any court having appellate jurisdiction of such decision, by appeal or writ of error in the manner provided by law.

      Sec. 28.  Upon approval of an application in whole or in part, the applicant shall send to the State Engineer within six months thereafter a map on a scale of not less than two inches to the mile, showing the location of the works necessary to perfect the appropriation, the source of appropriation, and if for irrigation, the land upon which the water is to be applied, which map shall be filed in his office.

      Sec. 29.  Upon satisfactory proof being made to the State Engineer that any application to appropriate water has been perfected in accordance with the provisions of this Act, said State Engineer shall issue to the applicant a certificate setting forth the name of the appropriator, date, source, purpose and amount of the appropriation, and if for irrigation, a description of the land to be irrigated, which certificate shall within thirty days after its issuance be recorded in the county in which the point of diversion of the appropriation is, as well as in the county where the water is used, in books specially kept for that purpose, and the fee for such records shall be one dollar ($1), payable by the party in whose favor the certificate is issued. The priority of such new appropriation shall date from the filing of the application in the State Engineer’s office.

      Sec. 30.  Any person interfering with, obstructing or resisting the State Engineer, Assistant Engineer or any Water Commissioner, in the performance of his duty or duties as prescribed by this Act, or by the rules or regulations adopted by the Board of Irrigation, shall be deemed guilty of a misdemeanor.

      Sec. 31.  Any act which is made a misdemeanor by this statute shall be punishable by fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not more than three (3) months, or by both such fine and imprisonment in the discretion of the Court.

Aggrieved parties may bring suit, when.

May appeal.

Applicant must furnish map.

Engineer to issue certificate.

Fee for recording.

Misdemeanor for interfering with water officers.

Punishment.

Repeal of previous Acts.

Appropriation.

In effect.

more than three (3) months, or by both such fine and imprisonment in the discretion of the Court.

      Sec. 32.  Chapter IV of the Statutes of the State of Nevada entitled “An Act providing for the cooperation of the State of Nevada with the Secretary of the Interior of the United States in the construction and administration of irrigation works for the reclamation of arid lands in the State of Nevada, for the measurement, appropriation and distribution of water, determination of water rights, preserving and certifying records thereof, creating officers for the enforcement hereof, defining the tenure of office, powers and duties and fixing their compensation; providing for penalties for infringements hereof, and enacting a standard measure of water and conferring upon the Secretary of the Interior such rights and powers under the laws of Nevada as are necessary to enable him to carry out and execute an Act of the Congress of the United States, approved June 17, 1902, entitled ‘An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands’ ” (approved February 16, 1903), and Chapter XLVI of the Statutes of the State of Nevada entitled “An Act amendatory of and supplemental to an Act entitled ‘An Act providing for the cooperation of the State of Nevada with the Secretary of the Interior of the United States in the construction and administration of irrigation works for the reclamation of arid lands in the State of Nevada, for the measurement, appropriation and distribution of water, determination of water rights, preserving and certifying records thereof, creating officers for the enforcement hereof, defining the tenure of office, powers and duties and fixing their compensations; providing for penalties for infringements hereof, and enacting a standard measure of water, and conferring upon the Secretary of the Interior such rights and powers under the laws of Nevada as are necessary to enable him to carry out and execute an Act of the Congress of the United States, approved June 17, 1902, entitled “An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands,’ ” approved February 16, 1903” (approved March 1, 1905), and all Acts and parts of Acts in conflict with this Act, are hereby repealed.

      Sec. 33.  The sum of fifteen thousand dollars is hereby appropriated to carry out the provisions of this Act.

      Sec. 34.  This Act shall take effect from and after its passage and approval.

Chap. XIX.–An Act to amend section two of an Act entitled “An Act requiring foreign corporations doing business in the State of Nevada to publish annual statements,” approved March 28, 1901.

[Approved February 26, 1907.]

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

Assembly, do enact as follows:

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

      Section 2.  The Secretary of the company publishing the statement shall file a copy with the Assessor of each county of the State of Nevada, in which said company is doing business.

Statement filed with each County Assessor.

Chap. XX.–An Act creating the office of Mineral Land Commissioner, defining his duties and firing his compensation therefor, and constituting the Attorney-General ex officio Mineral Land Commissioner.

[Approved February 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The office of Mineral Land Commissioner is hereby created.

      Sec. 2.  It shall be the duty of the Mineral Land Commissioner to examine all applications for patents of the public lands of this State or of the United States, except mining claims, and to make an abstract of such application which shall contain the name of the applicant, the location of the land applied for to be patented, by legal subdivisions, with the section, township, and range, the date of entry of the applicant, and the character of such entry. After obtaining the above information, the Mineral Land Commissioner shall immediately commence an inquiry, or cause an inquiry to be commenced, to ascertain:

      First-If any of the land for which a patent is applied is located within any mining district or known mineral belt.

      Second-If the same, or any portion thereof, has at any time been held, used, claimed or worked for minerals of any kind or character, and for these purposes he may make application to any State or county officer of this State, who shall proceed forthwith to furnish such information to said Commissioner, and he shall publish a notice of such application in some newspaper nearest the land applied for.

      Third-If it shall be ascertained, or if the Mineral Land Commissioner has reason to believe that the said land so applied for is mineral in character, or contains mineral in quantities sufficient to support a bona fide mining location, then it shall be the duty of the Mineral Land Commissioner to appear in the State Land Office, or in the United States Land Office, as the case may be, and contest such application, and for this purpose he shall have power to produce witnesses, and offer evidence in support of the contest, showing that the land applied for is more valuable for mineral than for any other purpose.

Mineral Land Commissioner created, and duties of said officer defined.

Duties.

Any person may furnish information.

Commissioner to keep record.

Deputies may be appointed.

Salary of Commissioner.

No fees.

Attorney-General to be ex officio Mineral Land Commissioner.

Land Office, as the case may be, and contest such application, and for this purpose he shall have power to produce witnesses, and offer evidence in support of the contest, showing that the land applied for is more valuable for mineral than for any other purpose.

      Sec. 3.  Any person having knowledge of the existence of minerals on any portion of the public domain belonging to the State or to the United States for which a patent is applied, may lodge such information before the Mineral Land Commissioner, with the request that said Commissioner appear as the attorney for such person and contest the application for such patent, either in his own name or in the name of any person who may request to be entered as a contestant for such application, and it shall be the duty of the said Commissioner to appear and act as such attorney and contest such application.

      Sec. 4.  The Mineral Land Commissioner shall keep a record of all actions or contests so instituted, either in his own name, or as the attorney for any other person, and shall carefully preserve and file copies of all evidence, data, plats, and other information, and shall on or before the first day of January of each year make and submit his report to the Governor, showing the number of applications contested by him, where the land is located, and the character of the minerals alleged to be contained therein, with such other and further information as he may deem necessary.

      Sec. 5.  The Mineral Land Commissioner may appoint as many deputies as he may deem necessary for the carrying out of the provisions of this Act. All fees or charges of such deputies shall be paid out of the salary herein provided for the Mineral Land Commissioner. The Mineral Land Commissioner shall receive a salary of twenty-five hundred dollars per annum, payable in equal monthly installments, the same as the salaries of other officers of the State are paid, and the State Controller is hereby authorized to draw his warrant and the State Treasurer is hereby directed to pay the same out of any money not otherwise then especially appropriated. The State Mineral Land Commissioner shall make no charge nor shall he receive any other fees than the salary herein provided.

      Sec. 6.  The Attorney-General of this State is hereby made ex officio Mineral Land Commissioner.

      Sec. 7.  In the event of the lawful appointment of a State Mineralogist, it shall be the duty of said State Mineralogist to furnish to the Mineral Land Commissioner, upon his written request therefor, the information and data specified in Section 2 of this Act, and if necessary, or desired, any such other information relative thereto that said State Mineralogist may, by diligent search and inquiry, be able to ascertain.

Chap. XXI–An Act for the relief of Peter Breen and George S. Brown.

[Approved February 26, 1907.]

      Whereas, Peter Breen, Judge of the Third Judicial District, and George S. Brown, Judge of the Fourth Judicial District, failed to present their claims for traveling expenses in tie for their allowance from the appropriation for the years 1905 and 1906; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred sixty-seven dollars and eighty cents ($167.80) is hereby appropriated out of any moneys of the General Fund, for the payment to Peter Breen, for traveling expenses, ninety-three dollars ($93), and George S. Brown, for the payment of traveling expenses, seventy-four dollars and eighty cents ($74.80).

      Sec. 2.  The State Controller is hereby directed to draw his warrants in favor of the persons above named for the amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

Preamble.

Appropriation for traveling expenses of Judges Breen and Brown.

Duties of Controller and Treasurer.

Chap. XXII.–An Act providing for the appointment of Notaries Public, fixing their term of office, and enlarging the territory within which they may act.

[Approved February 26, 1907.]

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 appoint and commission Notaries Public in and for the several counties in this State, in any number in which applications may be made to him, without limit.

      Sec. 2.  The term of office of a Notary Public shall be four years; provided, the Governor may at any time, for cause, revoke the commission of a Notary Public.

      Sec. 3.  All Notaries Public may hereafter take acknowledgments of deeds, administer oaths and perform all other notarial acts and functions at any place within this State. All acts of any Notary Public hereafter performed anywhere within this State shall be of the same force and validity as if performed within the county for which he was appointed and in which he resides. The Notaries heretofore appointed shall continue in office until the expiration of their terms under conditions of the existing law at the time of their appointment.

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

Unlimited number of Notaries Public.

Term of office.

All official acts of Notaries legal anywhere in State.

Repeal.

Preamble.

Republication of Statutes of 1901, 1903 and 1905.

Appropriation to repay loan.

Duties of Controller and Treasurer.

Chap. XXIII.–An Act for the relief of the State Bank and Trust Company.

[Approved February 27, 1907.]

      Whereas, In February, 1906, the Secretary of State notified the State Board of Examiners that every copy of the Nevada Statutes of 1901 and 1903 had been sold by him, and that he was unable to meet the great demand for more copies. At a meeting of the State Board of Examiners to consider the matter, it was decided that it was for the best interest of the State to order the republication of those statutes. No appropriation having been made by the Legislature for this purpose, the State Board of Examiners borrowed on March 1, 1906, the sum of fifteen hundred dollars from The State Bank and Trust Company to defray the cost of printing and binding the Statutes of 1901 and 1903. In November, 1906, the Secretary of State notified the State Board of Examiners that the supply of the Statutes for 1905 was exhausted and at a meeting of the Board of Examiners they ordered the republication of the statutes and on November 17, 1906, borrowed the additional sum of one thousand dollars from the above-named bank to defray the cost of printing and binding said statutes; now, therefore

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

Assembly, do enact as follows:

      Section 1.  The sum of two thousand six hundred forty-four dollars and thirty-three cents ($2,644.33) is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, to pay the claim of The State Bank and Trust Company, said amount being due said bank for loan and interest thereon.

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

To pay deficiencies for installing heating plant for Capitol.

Chap. XXIV.–An Act for the relief of Savage & Adair and Burke Bros. & Shaff.

[Approved February 27, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The sum of nine hundred and sixty-eight dollars is hereby appropriated out of any moneys in the General Fund of the State, the said amount to be expended in payment of claims, as follows, to wit:

      Claims approved and remaining unpaid of Savage & Adair, five hundred and sixty-eight dollars, for balance due them on contract for heating apparatus for Capitol Building; Burke Bros.

five hundred and sixty-eight dollars, for balance due them on contract for heating apparatus for Capitol Building; Burke Bros. & Shaff, four hundred dollars, for building tunnel for heating pipe to Capitol, and building chimney and foundation for heater, and furnishing all material for same, as per contract.

      Sec. 2.  The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and State Treasurer is hereby directed to pay the same.

Duties of Controller and Treasurer.

Chap. XXV.–An Act entitled “An Act granting to the Ely Water Company the right, privilege and franchise to supply the Towns of Ely and Ely City in White Pine County, State of Nevada, and the additions of said towns, with water for domestic, municipal, fire protection, irrigation and other purposes and to charge rental therefor; and ratifying and confirming a certain grant of a water franchise made to the said Ely Water Company on the sixteenth day of February, 1907, by the Board of County Commissioners of said county and by the said Town of Ely, and other matters relating thereto.”

[Approved February 26, 1907.]

      Whereas, The Board of County Commissioners of the County of White Pine, State of Nevada, and the Town of Ely, in said county and State, acting through said Board of County Commissioners, did, on the 16th day of February, 1907, duly authorize, enter into and execute a certain contract and grant which is in the words and figures following, to wit:

      This indenture, made this 16th day of February, 1907, by and between the Board of County Commissioners of White Pine County, State of Nevada, and Town of Ely, in said county and State, represented by said Board of County Commissioners, the party of the first part, and Ely Water Company, a corporation of the State of Maine, party of the second part:

      Witnesseth: Whereas, the said party of the second part has this day made application to the said party of the first part for permission to supply the said Town of Ely, and its additions, with water for domestic, fire, municipal, and general purposes, for the use of the said town and its additions and the residents, householders and business people thereof; and

      Whereas, The said party of the second part is desirous of furnishing and supplying water to the said town, and to its additions, for the uses and purposes hereinbefore mentioned; and

      Whereas, Heretofore water pipes and mains have been laid under certain streets, alleys, and highways of the said town, and fire hydrant connections made therewith for fire protection purposes in accordance with the provisions of the Act of the Legislature of the State of Nevada, the same being Chapter LXXXI of the Laws of 1905;

Preamble.

Agreement between White Pine County Commissioners and Ely Water Company.

Agreement between White Pine County Commissioners and Ely Water Company.

Act of the Legislature of the State of Nevada, the same being Chapter LXXXI of the Laws of 1905;

      Now, therefore, in consideration of the terms, conditions, covenants, and agreements, to be kept and performed by the said party of the second part, hereinafter set forth, the said party of the first part hereby grants and conveys unto the said party of the second part, its successors and assigns, the right, franchise and privilege to build, construct, install, and maintain pipes, mains and laterals, together with all necessary or proper connections, valves and hydrants, in, under and along any and all of the streets, alleys, highways and public parks of said town, and all additions thereto, for the purpose of supplying the said town and people with water as aforesaid, and further, for said purpose, to install, maintain, and operate a complete and permanent water system in said town and its additions; and does further grant to said party of the second part the right to use for said purposes any and all mains, pipes, hydrants and connections already laid and installed in said town, and in this connection it is agreed that the said party of the second part shall immediately after the approval of an Act passed by the Legislature of the State of Nevada, ratifying and confirming these presents, advance and pay to the said party of the first part the sum of six thousand ($6,000) dollars, and shall thereupon become the owner of all said pipes, mains, hydrants and connections already laid and existing in said town.

      Provided, That if said party of the second part shall accept this franchise and shall fail to cause to be presented to the said Legislature during the present session thereof a bill for such ratification and confirmation, then and in that event said party of the second part shall immediately upon the final adjournment of said session of the Legislature pay to the said party of the first part the said sum of six thousand ($6,000) dollars, and shall thereupon become the owner of the aforesaid existing pipes, mains, hydrants and connections.

      Provided further, That if the said Legislature at said session shall fail to pass a bill presented to it by said party of the second part for such ratification, then and in that event it shall be optional with the said party of the second part to either discontinue the use of said existing pipes, mains, hydrants and connections and relinquish all its rights hereunder or to pay the said sum of six thousand dollars ($6,000) and become the owner of said existing pipes, mains, hydrants and connections. And the party of the first part shall immediately upon the payment of said sum of six thousand ($6,000) dollars redeem, take up and cancel all bonds issued by said County of White Pine under and by virtue of the provisions of said Chapter LXXXI of the Statutes of Nevada for the year 1905.

      They said right, privilege and franchise hereby granted to said party of the second part, its successors and assigns, shall be and remain in full force and effect for the term and period of thirty-five years after the date hereof.

shall be and remain in full force and effect for the term and period of thirty-five years after the date hereof. No franchise or right to lay pipes or mains within three feet of the pipes or mains of the said party of the second part, except where such pipes or mains may cross the water pipes of the said party of the second part, shall during said term be granted by said party of the first part, or by the constituted authorities of the said Town of Ely to any other person, persons, corporation or corporations.

      The boundaries of said Town of Ely for the purposes of this grant shall include all territory which is now embraced in the settled portion thereof, or which is or may hereafter be embraced or included in any official map or maps, plat or plats of said town, or of any additions thereto, which have been or may at any time hereafter be filed for record with the County Recorder of said White Pine County, and shall also include all such territory as may be fixed and defined as the boundaries of said town in any Acts of incorporation thereof.

      The foregoing grant, rights, franchises and privileges are made expressly subject to the following conditions:

      First-That the said party of the second part shall install a main not less than twelve inches in diameter under and along Aultman Street in said town, from Seventh Street to Murry Street; thence south under and along Murry Street to Second Avenue; and shall further install water pipes of dimensions sufficient to furnish the necessary water supply, but not less than six inches in diameter, under and along the streets and avenues of said town as follows:

      (1) Under and along Aultman Street from its intersection with Murry Street to its intersection with First Street;

      (2) Under and along First Street from its intersection with Aultman Street to its intersection with High Street:

      (3) Under and along High Street from its intersection with First Street to its intersection with Ninth Street:

      (4) Under and along Lyons Avenue from its intersection with Third Street to its intersection with Ninth Street:

      (5) Under and along Ninth Street from its intersection with High Street to its intersection with Aultman Street:

      (6) Under and along Fifth Street from its intersection with High Street to its intersection with Court Street:

      (7) Under and along Court Street from its intersection with Murry Street to its intersection with Fifth Street;

      (8) Under and along Sage Avenue from its intersection with Murry Street to its intersection with Canon Street:

      (9) Under and along Canon Street from its intersection with Second Avenue to its intersection with Mill Avenue:

      (10) Under and along Garden Street from its intersection with Murry Street to its intersection with Fifth Street.

      The work of installing said permanent water system shall be commenced immediately and shall be prosecuted with all practicable diligence, having regard to the time in which the delivery in Ely of materials for the construction of said system can be had, and the mains and water pipes, under and along the portions of the streets and avenues above specified shall be completely installed within ten months from the date hereof;

Agreement between White Pine County Commissioners and Ely Water Company.

Agreement between White Pine County Commissioners and Ely Water Company.

the delivery in Ely of materials for the construction of said system can be had, and the mains and water pipes, under and along the portions of the streets and avenues above specified shall be completely installed within ten months from the date hereof;

      Provided, however, that water shall be supplied by means of the said water pipes and mains now laid in said town to the residents, householders, and business people thereof whose residences or places of business are situated along the line of said water pipes and mains as soon after the date hereof as the proper connections can reasonably be made.

      The said party of the second part shall at any and all times when requested so to do furnish to any municipal department of said town information as to the size and position of all pipes and mains actually laid and existing under any of the streets, avenues and alleys of said town.

      Second-That the pipes or mains for the carrying, conducting and distribution of water for the purposes aforesaid may be extended from time to time at such times and in such manner as conditions warrant, and as the general welfare, convenience and interests of the inhabitants of said town may require, and as the said party of the second part, or its successors or assigns may determine; provided, that if at any time a written petition signed by the heads of families, householders or business men representing at least three-fifths of the inhabitants and business establishments of any block or district of said town requesting that water connections be made with said block or district, and whereby the signers thereof agree to make water connections with any pipes or mains that may be laid in said block or district within thirty days from the time within which water is available in said pipes or mains; and to use water therefrom and to pay therefor at the established rate for at least a period of one year, shall be presented to the said party of the second part or its successors and assigns, and it shall further appear that such desired connections and the necessary pipes and mains therefor can be had and laid at a reasonable profit, having due regard to the expense thereof and the probable receipts therefrom, then the said party of the second part, or its successors or assigns, shall thereupon proceed with reasonable diligence to lay such pipes or mains in such block or district.

      Third-The said party of the second part, its successors in interest or assigns, shall at all times during the continuance of this franchise, when duly requested so to do by resolution of the lawfully established municipal legislative body of said town, and as soon as practicable after the passage of such resolution and service upon them of a copy thereof, fix, establish and maintain standard two-nozzle fire hydrants connecting with water mains in such reasonable place or places on its established water mains or pipes as may be designated or stated in such resolution; provided, that twelve of said hydrants shall be so fixed, established and maintained free of cost to the said town, and for each hydrant so requested, fixed, established and maintained over and above the aforesaid twelve free hydrants the said Town of Ely shall, during the remainder of the term of said franchise, pay to said party of the second part, or its successors or assigns, a rental of five dollars per month.

hydrants shall be so fixed, established and maintained free of cost to the said town, and for each hydrant so requested, fixed, established and maintained over and above the aforesaid twelve free hydrants the said Town of Ely shall, during the remainder of the term of said franchise, pay to said party of the second part, or its successors or assigns, a rental of five dollars per month.

      Provided further, That none of said hydrants shall at any time be used by said town, or any of the people thereof, for any purpose other than for necessary use in connection with fire protection.

      Fourth-That the said party of the second part shall lay pipes and mains in such manner that the same will not interfere with free use and travel of said streets, alleys and highways by the public, except during the time of excavating for laying or repairing such pipes or mains, and at such time shall cause as little obstruction to such use and travel as practicable.

      Fifth-That for water furnished and supplied to residences, hotels, livery stables, saloons and restaurants in said town and its additions the said party of the second part shall charge monthly not to exceed the following rates:

      Residences-One to five rooms, $1.50; 25 cents additional for each additional room; water closet, 50 cents; bath tub, 50 cents;

      Hotels-One to ten rooms, $3.50; 15 cents for each additional room; for each table under six persons, 75 cents; for each table over six persons, $1; water closet, every 15 rooms, $1.50 each; bath tub, every 15 rooms, $1 each.

      Livery stable-Per stall, 50 cents; per vehicle, 25 cents.

      Saloon-Each faucet over one, $1; water closet, each, $2.50; urinal, each, $2; minimum charge, each, $3.

      Restaurant-Each table under six persons, 75 cents; each table over six persons, $1. Minimum charge, $3.50.

      All rates not specified herein shall be reasonable and proportionate to those hereinabove set forth.

      Any user of said water may, at his option, cause a water meter to be installed for the purpose of measuring the water used at his house or place of business, and in cases where such meters are installed the said party of the second part may charge for such water not exceeding the following monthly rates:

      (1) When such person uses 25,000 gallons or less per month, 50 cents per thousand gallons;

      (2) When such persons uses more than 25,000 gallons and less than 50,000 gallons per month, 40 cents per thousand gallons;

      (3) When such person uses more than 50,000 gallons and less than 150,000 gallons per month, 30 cents per thousand gallons;

      (4) When such person uses more than 150,000 gallons and less than 600,000 gallons per month, 25 cents per thousand gallons;

Agreement between White Pine County Commissioners and Ely Water Company.

Agreement between White Pine County Commissioners and Ely Water Company.

less than 600,000 gallons per month, 25 cents per thousand gallons;

      (5) When such person uses more than 600,000 gallons per month, 20 cents per thousand gallons.

      In all cases in which meters are used, as aforesaid, if the price of the water used shall not exceed ten dollars per month, the user shall pay in addition thereto the sum of one dollar per month for meter rental, but if such price shall exceed ten dollars per month, no charge shall be made for such meter rental.

      The said maximum water rates hereinabove set forth shall be in force and effect for a period of ten years from the date hereof. The said maximum water rates, after the expiration of said period of ten years, shall be fixed by a board of four persons, two to be appointed by the authorities of said town, two by the second party herein, and if said board shall fail to agree on a rate, they are hereby authorized to select a fifth member, and the decision of said board shall be final and binding upon the parties hereto. It is further agreed between the parties hereto, that a rate shall be fixed in the manner herein provided every ten years from the date hereof.

      Sixth-That the said party of the second part shall charge not more than $6 per season for sprinkling one lot of the dimensions of 100 feet by 25 feet or less and for the sprinkling of each additional adjacent lot or portion thereof owned by the same person not more than $5 per season.

      Seventh-That the said party of the second part shall furnish and supply water to said town for sprinkling-wagons during the dry season of the year, for the purpose of sprinkling the streets of said town, free of any cost to said town, and stand pipes for supplying said wagons with water shall be constructed and maintained at the expense of said party of the second part at such reasonable place or places on established mains or pipes as may be required by the lawfully established municipal legislative body of said town.

      Eighth-That the said party of the second part shall furnish and supply water to the Court House, hospitals, City Hall and school houses in said town and its additions free of any cost to said town, or its additions, or to said County of White Pine, State of Nevada, during the life of this instrument; provided, that the cost of all taps, pipes and plumbing necessary to connect said public buildings with mains or pipes of the said party of the second part then existing shall be borne by the said town, or its additions, or by said county, as the case may be.

      Ninth-That the said party of the second part shall not charge a greater sum than the sum of $6 for the making of each and every tap made to its pipes and mains by any of the residents, householders and business men of said town and its additions.

      Tenth-That said party of the second part shall maintain water at an elevation at least as high as the present Chainman tank, now located on the hill above the Court House in said town, sufficient to supply three fire streams each through a one-inch ring nozzle and one hundred feet of two and one-half inch hose attached to any three fire hydrants in said town or its additions.

water at an elevation at least as high as the present Chainman tank, now located on the hill above the Court House in said town, sufficient to supply three fire streams each through a one-inch ring nozzle and one hundred feet of two and one-half inch hose attached to any three fire hydrants in said town or its additions.

      Eleventh-That at the expiration of this grant, the said town shall have the right to buy and purchase said water system at a price to be agreed upon and fixed by a board of ten persons, five to be appointed by the authorities of said town, and five to be appointed by the second party, and if the board fails to agree, they shall select three additional members, and the decision of said board shall be final. If said town shall refuse or relinquish its right to purchase said water system, as set forth in the last preceding paragraph, then the said grant shall be renewed and the said board mentioned in the last preceding paragraph shall have the right to fix terms, conditions, covenants and agreements for the renewal thereof.

      Twelfth-That immediately after the execution of these presents that certain grant made on the 29th day of January, 1907, between the parties hereto, shall be absolutely null and void and of no force or effect whatsoever.

      Thirteenth-That the grant, rights, franchise and privileges herein specified and the terms, conditions, and covenants herein contained shall inure to the benefit of and shall be binding upon the successors of the parties hereto and upon the assigns of the said party of the second part.

      Fourteenth-That upon the failure of said second party to carry on any of the terms and conditions herein contained, this grant may be immediately declared forfeited by said party of the first part or its successors; provided, that this instrument shall not be rendered subject to forfeiture or the rights hereby granted be in anywise affected by any delay or failure of the said party of the second part, or its successors or assigns, to comply with the conditions hereof when such delay or failure shall be caused by strikes, the elements, acts of God, or any unavoidable cause or causes.

      In Witness Whereof, Said parties of the first part have duly caused these presents to be executed the day and year first above written.

                                                                                                Town of Ely, Nevada,

By Board of County Commissioners of White Pine County, Nevada, by A. L. Parker, Chairman.

Board of County Commissioners of White Pine County, Nevada, by A. L. Parker, Chairman.

      On this 16th day of February, A. D. 1907, before me, a Notary Public in and for said county and State, personally appeared A.

Agreement between White Pine County Commissioners and Ely Water Company.

Agreement between White Pine County Commissioners and Ely Water Company.

appeared A. L. Parker, personally known to me and known by me to be the Chairman of the Board of County Commissioners of the County of White Pine, State of Nevada, and the person described in, whose name is subscribed to and who executed the foregoing instrument as such Chairman, and he acknowledged to me as such Chairman of said Board and as the act and deed of said County Commissioners and also as the act and deed of the Town of Ely in said county, he executed the same freely and voluntarily and for the uses and purposes therein mentioned.

      In Witness Whereof, I have hereunto subscribed my name and affixed my official seal the day and year in this certificate first above written.

      [Notarial Seal.]                                                                                Chas. S. Chandler,

Notary Public in and for the County of White Pine, State of Nevada.

      I, J. F. Miles, ex officio Clerk of the Board of County Commissioners of White Pine County, Nevada, do hereby certify as follows: That at a duly adjourned regular meeting of said Board held in Ely, Nevada, on the 16th day of February, 1907, at which meeting all of the members of said Board were present and participating, the following resolution was duly adopted:

Resolution.

      Be it resolved. That the Chairman of this Board is hereby authorized, empowered and directed to execute, acknowledge and deliver to the Ely Water Company, a corporation of the State of Maine, the indenture which is attached hereto and hereby made a part of this resolution, granting a franchise to supply the Town of Ely and its additions with water for domestic, fire, municipal and general purposes for the use of said town and its additions, and for the use of the residents, householders and business people thereof; and further granting the right to use and purchase the pipes, mains, hydrants and connections already laid and existing in said town.

      In Witness Whereof, I have hereunto set my hand and affixed the official seal of said Board this 16th day of February, A.D. 1907.

      [Seal.]                                                                                               J. F. Miles,

      Ex officio Clerk of the Board of County Commissioners. By F. D. Oldfield, Deputy Clerk.

Now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The said contract and grant hereinabove set forth and the action of the Board of County Commissioners and of the said town in authorizing, entering into and executing the same are hereby ratified, sanctioned, approved, confirmed and declared valid; and the said Ely Water Company is hereby granted the right, privilege and franchise to supply the said Town of Ely, as described and bounded in said contract and grant, and the Town of Ely City, as shown upon the plat thereof, filed in the office of the Recorder of said county, and any and all additions that may hereafter be made thereto, and the residents, inhabitants and people of said towns, with water for domestic, municipal, irrigation, fire protection and general purposes and to charge rentals therefor; and to excavate for, install and maintain water pipes, mains and laterals, together with all necessary or proper connections, valves and hydrants under and along any and all of the streets, avenues, alleys, highways and public parks of said towns; which said right, privilege and franchise shall be held, exercised and enjoyed, within the said Town of Ely and its additions, subject to, in accordance with, and for the length of time prescribed by the terms, covenants, provisions, agreements and conditions of the said contract and grant.

and of the said town in authorizing, entering into and executing the same are hereby ratified, sanctioned, approved, confirmed and declared valid; and the said Ely Water Company is hereby granted the right, privilege and franchise to supply the said Town of Ely, as described and bounded in said contract and grant, and the Town of Ely City, as shown upon the plat thereof, filed in the office of the Recorder of said county, and any and all additions that may hereafter be made thereto, and the residents, inhabitants and people of said towns, with water for domestic, municipal, irrigation, fire protection and general purposes and to charge rentals therefor; and to excavate for, install and maintain water pipes, mains and laterals, together with all necessary or proper connections, valves and hydrants under and along any and all of the streets, avenues, alleys, highways and public parks of said towns; which said right, privilege and franchise shall be held, exercised and enjoyed, within the said Town of Ely and its additions, subject to, in accordance with, and for the length of time prescribed by the terms, covenants, provisions, agreements and conditions of the said contract and grant.

Foregoing contract ratified.

Chap. XXVI.–An Act to pay the deficiencies in the appropriation for support of the State Orphans’ Home for the years 1905 and 1906.

[Approved February 27, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The sum of two thousand five hundred and ninety-three dollars and fifty-five cents ($2,593.55) is hereby appropriated out of any moneys in the General Fund of the of State for the payment of deficiencies in the appropriation for support of the State Orphans’ Home for the years 1905 and 1906, as follows:

      Employees, salary of, State Orphans’ Home, $440; Chas. Kelly Co., $401.64; W. H. Chedic, $53.63; Eagle Meat Market, $7.75; Nevada Meat Co., $47.55; E. J. Walsh, $17.18; Meyers Mercantile Co., $184.67; J. Kelly Co., $23.25; Carson City News, $12; J. D. R. Corbett, $160.30; A. J. Millard, $23.40; J. Reudy, $22.70; The Emporium, $54; E. Burlington, $16.25; F. W. Day. $35.85; C.F. Cutts, $17.35; Hop Wah Yen, $25.50; Mrs. John Wagner, $13.15; Western Union Telegraph Co., 50 cents; Grey, Reid, Wright Co., $12.10; Frank Danhauser, $186.40; Emil Peterson, $9.63; Electric Light Co., $80; Joe Josephs, $187.20; Mrs. Joe Josephs, $166.70; Daily Appeal, $8; Boston Bakery, $3.50; O. T. Schulz, $10.95; J. Hagerty, $7.50; J. Tinney, $29; Davey & Maish, $2.15; John Muldoon, $10.50; Steve Belli, $32.50; Fred Trimmer, $35; Carson Stationery and Novelty Co., $5.10, M. A. Downey, $6; Telephone Co.,

Appropriation to pay deficiencies of State Orphans’ Home.

Duties of Controller and Treasurer.

Co., $2; W. H. Cavell, $30; W. Keyser, $1.25; H. Marquart. $20.75; F. J. Steinmetz, $8; J. E. Richardson, $20.30; C. L Kitzmeyer, $4.10; H. Millard, $156.25; A. Bergman, $2.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

Board of Control to consist of three members.

Qualifications.

Compensation.

Members to take official oath.

Meetings

Appropriation.

Chap. XXVII.–An Act providing for certain changes in the control and management of the State Agricultural Experiment Farm, located at Logan, Lincoln County, Nevada, and making an appropriation therefor.

[Approved February 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of Control of the State Agricultural Experiment Farm located at Logan, Lincoln County, Nevada, shall consist of three members, to be appointed by the Governor of the State, within thirty days after the approval of this Act. Two members of said Board of Control shall be practical farmers, residing within the county in which said State Agricultural Experiment Farm is located, and the third member of said Board shall be a professor in the Agricultural Department of the State University, and a member of the Nevada Agricultural Experiment Station. The two resident members of said Board of Control shall receive for their services a compensation of ten dollars per month, and the member of said Board who is connected with the State University and Nevada Agricultural Experiment Station, shall receive his actual traveling expenses, and the same shall be paid when approved by the State Board of Examiners. They shall hold their office for a term of two years from the date of their appointment, and their successors shall be appointed in like manner. The Governor may make, from time to time, such changes in the personnel of said Board of Control as he may deem necessary.

      Sec. 2.  The members of said Board of Control, before entering upon the duties of their office, shall qualify by taking the oath of office before some officer authorized to administer such oaths. They shall hold meetings at said State Agricultural Experiment Farm on the first Monday of each month, or oftener, if deemed expedient, and two members shall constitute a quorum for the transaction of business.

      Sec. 3.  For the purpose of maintaining said State Agricultural Experiment Farm for the years 1907 and 1908, and for the erection of such buildings as may be necessary, the sum of ten thousand ($10,000) dollars is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, and the State Controller is hereby directed to draw his warrant upon the State Treasurer in favor of the claimants under this appropriation, when their claims have been approved by the Board of Control, and by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same.

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

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

Repeal.

Chap. XXVIII.–An Act relating to the custody of the State Armory Building and grounds.

[Approved February 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Adjutant-General of the State of Nevada is hereby made the custodian of the State Armory Building and grounds.

Adjutant-General custodian of State Armory Building.

Chap. XXIX.–An Act to amend section ten of an Act entitled “An Act to amend an Act entitled ‘An Act to incorporate Carson City,’ approved February 25, 1875; approved March 2, 1877; approved March 5, 1879”; approved March 6, 1889.

[Approved February 28, 1907.]

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

Assembly, do enact as follows:

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

      Section 10.  The Board of Trustees shall have the following powers:

      First-To institute and maintain any suit or suits of said city in the proper court or courts whenever, in their judgment, necessary to enforce or maintain any right or rights of said city, and they may, in like manner, defend all actions brought against said city.

      Second-They shall annually levy a tax of not less than one-quarter of one per cent, and not exceeding three-fourths of one per cent, on all the assessed value of all the real and personal property situated in said city, and by law made taxable for State and county purposes.

      Third-To lay out, extend and change the streets and alleys in said city, and to provide for the grading, draining, cleansing, widening, lighting or otherwise improving the same; also to provide for the construction, repair, preservation, grade and width of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets, alleys and sidewalks, drains and sewers of said city; provided, that said Board of Trustees may, in its discretion, assess the cost of any part thereof for improving any street or repairing or building any sidewalk, street, drain or sewer, to the owner or owners of any property in front of which said street or sidewalk, or proposed sidewalk is or will be, and may make such cost of building, repairing or improvement a lien upon such property; provided further, that said cost of building, repairing or improving any street or sidewalk, drain or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon, the property in front of which the same is, or will be, shall in no case exceed thirty per cent of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for State and county taxation purposes, next preceding the time of making such street or sidewalk, drain or sewer, or repairing or improving the same, as the case may be.

Amending charter of Carson City.

Taxes.

Duties of Trustees.

Duties of Trustees.

Fire protection.

Regulating storage of explosives.

Nuisances.

Licenses.

streets, alleys and sidewalks, drains and sewers of said city; provided, that said Board of Trustees may, in its discretion, assess the cost of any part thereof for improving any street or repairing or building any sidewalk, street, drain or sewer, to the owner or owners of any property in front of which said street or sidewalk, or proposed sidewalk is or will be, and may make such cost of building, repairing or improvement a lien upon such property; provided further, that said cost of building, repairing or improving any street or sidewalk, drain or sewer, which may be so as aforesaid assessed to the owner of, and made a lien upon, the property in front of which the same is, or will be, shall in no case exceed thirty per cent of the assessed value of such property, as the same shall appear from the last annual assessment thereof made for State and county taxation purposes, next preceding the time of making such street or sidewalk, drain or sewer, or repairing or improving the same, as the case may be.

      Fourth-To condemn property for the use of the said city in the manner hereinafter provided.

      Fifth-To provide for the prevention and extinguishment of fires, and to organize, establish, regulate and disband fire or hose companies in said city.

      Sixth-To regulate or prohibit the storage of gunpowder and other explosive or combustible materials within the limits of said city.

      Seventh-To determine by ordinance what shall be deemed nuisances within the limits of said city, and provide for the punishment, removal and prevention of the same.

      Eighth-To fix and regulate a license upon and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys, and all exhibitions and amusements within said city; to fix and regulate and collect a license tax upon and regulate all taverns, hotels, restaurants, eating houses, boarding-houses, lodging-houses, saloons, bar-rooms, bankers, brokers, gold dust or bullion dealers, manufactories, livery stables, livery stable keepers, express companies, persons or corporations engaged in carrying letters or packages, railroad and stage companies, or the owners of railroads, stages or stage lines, having an office, agency or place of business in said city, or running through said city; to license, tax and regulate auctioneers and stock brokers within said city; to license, tax, regulate or prohibit all tippling houses, dram shops, saloons; and license, tax and regulate all hawkers and peddlers (except the hawkers and peddlers of the agricultural products of the State), pawn-brokers, refreshment and coffee stands, booths and sheds within the city; to regulate or prohibit prostitution within the city; to license, tax, regulate or prohibit prostitutes, houses of ill-fame, unlicensed and disorderly houses, gaming houses, hurdy-gurdy houses, or dance houses, within the city; to levy and collect an annual per capita tax on all dogs within said city, and to provide for the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to fix and have collected a license tax on all trades, professions and classes of business carried on in said city and not hereinbefore specified.

the destruction of all dogs upon which said tax shall not have been paid, and to prevent all other animals from running at large in said city, and to fix and have collected a license tax on all trades, professions and classes of business carried on in said city and not hereinbefore specified.

      Ninth-To provide for the issuance of all licenses in this Act specified or permitted to be issued, and to fix the amount thereof, and the times for which and the terms upon which the same shall be issued.

      Tenth-To punish, restrain and prevent any disorderly conduct within the city.

      Eleventh-To hold, manage, use and dispose of all real and personal property of said city, and to enforce the payment and collection of all dues and demands belonging or inuring to said city; but no sales of any such property shall be made until after it shall have been appraised by three appraisers, taxpayers of said city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value.

      Twelfth-To fix and prescribe the punishment for the breach of any ordinance of said city adopted by said Board of Trustees to be enforced therein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but in case of imprisonment, any person committed for punishment after conviction, may be made to work during the term of such imprisonment on any public works of said city, and the City Marshal or Street Inspector may use any lawful means to prevent the escape of such prisoners while so at work, or while going to or from such work.

      Thirteenth-To establish a Board of Health, to prevent the introduction and spread of disease.

      Fourteenth-To adopt and pass all ordinances, resolutions, rules, and orders, and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this Act, and to audit and allow all claims properly payable out of the treasury of said city; provided, said Board shall not have power to audit or allow any claim whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance. Any property, real or personal, necessary for the public use of said city, may be condemned and appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimant or claimants, or owner or owners of the property to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property, or claimant’s interest therein, then the two so appointed shall select a third referee, and the decision of the majority of such three as to the valuation of the property, or interest therein, by them appraised shall be reported to the Board of Trustees and may by them be regarded as final and binding, and upon the tender in gold coin of the United States of the sum named by said appraisers for said property to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest therein appraised, shall become and be the property of the city; and the said Board of Trustees may at any time, after twenty days’ notice, cause the Marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal.

Amount of licenses.

Control of property.

Penalties for breaches of ordinances.

Health.

Adoption and execution of ordinances, etc.

Condemnation of property.

Condemnation of property.

Police regulations.

Repeal.

regarded as final and binding, and upon the tender in gold coin of the United States of the sum named by said appraisers for said property to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest therein appraised, shall become and be the property of the city; and the said Board of Trustees may at any time, after twenty days’ notice, cause the Marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned as herein provided, shall refuse or neglect for twenty days, when required by the Board of Trustees of the city to appoint a referee to value such property, the said Board of Trustees shall constitute a Board of Appraisers of such property, and their valuation shall be final and binding; but no act of condemnation of property, or any claim or interest therein, as herein provided, shall be deemed or held as an admission on the part of the city of the legality of the asserted claim thereto or right therein, and in the condemnation of property, as in this Act provided, the referees or the Board of Trustees, as the case may be, shall consider whether the proposed improvements for which such property is to be condemned will be of any benefit to the person owning or claiming the said property, or some interest therein, and if they find the same will be of any benefit to such person or persons, they shall estimate the value of such benefit to him or them, or to such person or persons, and deduct the amount thereof from the estimated value of the property or interest therein condemned.

      Fifteenth-To cause the City Marshal to appoint one or such number of policemen as the Board of Trustees shall from time to time determine, who shall be under the direction and control of the Marshal, as head of the police force of said city, but such appointment shall be of no validity whatever until the same shall have been approved by said Board of Trustees, and the said Board of Trustees shall have power to remove any such policeman from office at pleasure, upon good cause shown, and, upon a charge being preferred, to suspend until the same shall have been passed upon finally.

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

Chap. XXX.–An Act to authorize the Board of County Commissioners of Esmeralda County to issue bonds for the purpose of creating a fund for the erection and furnishing of county buildings in the Town of Goldfield.

[Approved February 28, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Esmeralda County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county, after the first day of March, 1907, for an amount not exceeding the sum of one hundred thousand dollars, exclusive of interest, for the purpose of providing funds for the obtaining of premises and erection and furnishing of a court house and jail, and necessary county buildings in the Town of Goldfield in said county.

      Sec. 2.  Prior to the first Monday in May, 1907, the Board of County Commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the Chairman of the Board, countersigned by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bonds, and each of such coupons shall be consecutively numbered, and signed by the Chairman of said Board and the County Treasurer.

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

      Sec. 4.  The Board of County Commissioners of Esmeralda County are hereby authorized and directed to negotiate the sale of said bonds by advertising for sealed proposals or by private sales, as they may deem for the best interest of the county; provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be each in the sum of one thousand dollars. They shall be numbered from one to one hundred consecutively; and the interest on the same shall not exceed seven per cent per annum, payable annually on the first Monday in January in each year at the office of the County Treasurer of said Esmeralda County, and in no case shall any of said bonds run for a longer period than ten years.

      Sec. 6.  For the purpose of creating a fund for the payment of the bonds authorized by this Act and the interest thereon, the Board of County Commissioners of Esmeralda County are hereby authorized and required to levy and collect annually a special tax on the assessed value or all property, both real and personal, including proceeds of mines within the boundaries of said Esmeralda County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire ten of said bonds annually after the first Monday in January, 1908.

Bonds for county buildings in Esmeralda County.

Regulations for bonds.

County Clerk to keep record.

Commissioners to negotiate sale of bonds.

Denominations.

Court House Bond Fund.

Payment of interest and retirement of bonds.

Residue to revert.

Cancelation.

Faith of State pledged.

within the boundaries of said Esmeralda County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire ten of said bonds annually after the first Monday in January, 1908. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereon shall be kept by the County Treasurer in a special fund to be known as the “Court House bond fund.

      Sec. 7.  It shall be obligatory on said county and its proper officers to fully pay the interest on said bonds annually, and to fully pay and retire ten of said bonds on the first Monday in January, 1908, beginning with the first number thereof and so on consecutively, and on the first Monday of January of each year thereafter, until said bonds and the interest thereon are fully paid, canceled and retired, to pay and retire ten of said bonds in such manner.

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

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

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

Certain Lincoln County officers.

Chap. XXXI.–An Act fixing the fees and compensation of Justices of the Peace, Coroners and Constables in and for the County of Lincoln.

[Approved March 4, 1907.]

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

Assembly, do enact as follows:

      Section 1.  On and after the passage and approval of this Act, the Justices of the Peace, Coroners, and Constables in and for the County of Lincoln shall receive the same fees and compensation as provided in Section 2461, 2462, and 2466 of an Act entitled “An Act to regulate fee and compensation for official and other services in the State of Nevada,” as approved March 9, 1865.

pensation for official and other services in the State of Nevada,” as approved March 9, 1865.

      Sec. 2.  For the purpose of carrying out the provisions of this Act, all Acts and parts of Acts in conflict herewith are hereby repealed; provided, however, that such repeal shall only relate to and be effective in and for the County of Lincoln.

Only to affect Lincoln County.

Chap. XXXII.–An Act to provide for the appointment of stenographers upon the hearing of preliminary examinations before committing magistrates in this State, and to regulate the compensation therefor.

[Approved March 4, 1907.]

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

Assembly, do enact as follows:

      Section 1.  In all preliminary examinations or criminal proceedings before any committing magistrate in this State where the defendant or defendants are charged with the crime of felony, such magistrate, if he deems it necessary for the best interests of justice, is hereby authorized to employ a stenographer to take down all the testimony and the proceedings on said hearing or examination, and within such time as the court may designate have the same transcribed into longhand or typewritten transcript. The stenographer employed as aforesaid shall be sworn by the magistrate before whom such proceedings are held to take down in shorthand, verbatim, truthfully and correctly, such proceedings and testimony, and to make a true and correct transcript of the same into longhand or typewritten transcript; and said stenographer shall make affidavit before some official qualified to administer an oath that the evidence and proceedings so transcribed are true and correct as given and had, and attach the same to the transcript.

      Sec. 2.  When such report is made, the same, when transcribed and sworn to as aforesaid, shall be deemed a correct statement of the evidence and proceedings given and had therein, and shall be admissible in evidence on the trial of the case, as prescribed in Section 151 of the Criminal Practice Act of the State of Nevada.

      Sec. 3.  The compensation for the said stenographer for taking down the said testimony and transcribing the same shall be fixed by the Court hearing the same, and on the order of the Court be paid out of the treasury of the county in which the same is heard.

      Sec. 4.  All Acts or parts of Acts in conflict herewith are hereby repealed.

      Sec. 5.  This Act shall take effect immediately.

Magistrates may employ stenographers in preliminary examinations.

Stenographer’s report deemed correct evidence.

Compensation of stenographer.

Repeal.

In effect.

Governor’s mansion authorized.

Mode of securing site.

Proviso.

Plans.

Capitol Commissioners to supervise construction.

Chap. XXXIII.–An Act to provide for the selection of grounds at Carson City, Ormsby County, Nevada, and for the erection thereon of a Governor’s mansion, to be used as the home of the State Executive.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The sum of forty thousand ($40,000) dollars is hereby appropriated out of any money of the General Fund in the Nevada State Treasury, not otherwise appropriated, for the purpose of erecting and constructing at Carson City, Ormsby County, Nevada, a Governor’s mansion, to be used as the home of the State Executive.

      Sec. 2.  It shall be the duty of the State Board of Capitol Commissioners to erect said building upon a site selected by the people and inhabitants of the City of Carson at a regularly called mass meeting, of which at least five days’ notice must be given in both of the daily newspapers published in said city; provided, that title to said lot, tract or piece of land selected at said meeting as a site upon which to erect said mansion shall be conveyed or cause to be conveyed by the people and inhabitants of the City of Carson to the State of Nevada by good and sufficient deed of conveyance; and provided further, that said lot, tract or piece of land and the title thereto shall be conveyed to the said State of Nevada at and for a cost and consideration not to exceed ten ($10) dollars. A duly authenticated copy of the minutes of said mass meeting, duly subscribed by the chairman and secretary of said meeting, choosing, designating and selecting said site, and filed with the Secretary of said Board of Capitol Commissioners on or before sixty days after the approval of this Act, shall constitute the final choice of the inhabitants and people of Carson City, Nevada, as a site upon which to construct said mansion.

      Sec. 3.  Within ninety days after the approval of this Act it shall be the immediate duty of the State Board of Capitol Commissioners to order and have made suitable plans for said mansion, said plans to be approved and accepted by the Board not later than sixty days after the selection of said site by the people and inhabitants of Carson City, Nevada. Said building shall be complete and ready for occupancy on or before the first day of December, 1907, strikes, unavoidable delays and acts of God excepted.

      Sec. 4.  The Board of Capitol Commissioners shall have charge in the management of said building during construction, and shall have the same constructed, and shall have the power and authority to accept and approve plans therefor; provided, that the building of said mansion and the furnishing of said material to be used in the construction thereof shall be let to the lowest responsible bidder, and the Board shall advertise for bids for a period of at least thirty days.

shall advertise for bids for a period of at least thirty days. The persons or person to whom shall be awarded any contract hereunder shall furnish a bond with approved sureties in sum to be fixed by the Board, which bond shall be conditioned upon the full and faithful performance of said contract. The Board of Capitol Commissioners shall have the power to reject any and all bids.

      Sec. 5.  The plans and specifications for said building, having been approved and accepted by the Board of Capitol Commissioners, shall remain in effect as adopted, and no change or variation from said specifications and plans shall be made whereby the contractor shall have or be entitled to any additional allowance to the amount named in the contract.

      Sec. 6.  The materials used in the construction of said building shall be the best of their several kinds obtainable, and shall be approved and adopted by the Board of Capitol Commissioners.

      Sec. 7.  The Board of Capitol Commissioners shall have the power to regulate the manner of payment and the several amounts to be paid to the contractor in separate installments as work on the building progresses, and upon the completion and acceptance of the building the entire amount shall be paid.

      Sec. 8.  All claims or demands for the construction of or against the said building shall be audited and paid as other claims against the State.

No change in plans.

Materials.

Regulation of payment of claims.

To be paid as other claims.

Chap. XXXIV.–An Act fixing the salaries and compensation of certain attaches of the Government of the State of Nevada.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act the following salaries shall be paid to the following-named attaches of the State Government:

      To the Governor’s Private Secretary, two thousand dollars per annum, and he shall act as Clerk of the Board of State Capitol Commissioners, Board of Pardons, and State Board of Assessors without further compensation.

      To the Deputy Secretary of State, two thousand dollars per annum, and he shall act as Clerk of the Board of Examiners and of the State Prison Commissioners without further compensation.

      To the Typist in the Secretary of State’s office, twelve hundred dollar per annum.

      To the Assistant Librarian, twelve hundred dollars per annum.

      To the Deputy State Controller, two thousand dollars per annum, and he shall act as Clerk of Board of State Printing Commissioners without further compensation,

Increasing salaries of Deputies and attaches.

Increasing salaries of Deputies and attaches.

Repeal.

annum, and he shall act as Clerk of Board of State Printing Commissioners without further compensation,

      To the Typist in the State Controller’s office, twelve hundred dollars per annum.

      To the Deputy Surveyor-General and State Land Register, two thousand dollars per annum, payable out of the General Fund.

      To the Draughtsman in the State Land Register’s office, two thousand dollars per annum, payable out of the General Fund.

      To the Typist in the State Land Register’s office, twelve hundred dollars per annum, payable out of the General Fund.

      To the Deputy State Treasurer, two thousand dollars per annum, and he shall act as Clerk of the Board of Commissioners for the Care of the Indigent Insane without further compensation.

      To the Typist in the Attorney-General’s office, twelve hundred dollars per annum.

      To the Typist in the Superintendent of Public Instruction’s office, twelve hundred dollars per annum.

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

Traveling and other expenses of District Judges.

Limit.

Chap. XXXV.–An Act to amend section seven of an Act entitled “An Act to redistrict the State of Nevada, prescribe the number and salaries of District Judges, and fix the places of holding courts,” the same being Section 2572 of the Compiled Laws of Nevada, 1900.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

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

      Section 7.  In addition to the salary provided by law, each District Judge shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance, to be estimated at the usual amounts charged by public conveyance, and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the State, but in no case shall such expenses exceed the amount of one thousand ($1,000) dollars per annum for each Judge.

Chap. XXXVI–An Act to amend an Act entitled “An Act relating to the National Guard and the enrolled militia,” approved March 6, 1893.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

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

      Section 46.  The military staff of the Commander-in-Chief shall consist of one Adjutant-General, with the rank of Brigadier-General; thirty-six Aids-de-Camp, each with the rank of Lieutenant-Colonel; one Chief Engineer, one Paymaster-General, one Judge-Advocate General and one Surgeon-General, each with the rank of Colonel; two standard bearers and a standard guard of two, each with the rank of Sergeant-Major.

Increasing Governor’s Staff.

Chap. XXXVII.–An Act to regulate the sale of State law books.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Secretary of State is directed to sell Nevada law books at the following rates: Nevada Reports, two dollars and twenty-five cents a volume; Nevada and Sawyer’s Digest (1878), one dollar a volume; Compiled Laws of Nevada (1861-1900), six dollars a volume; Statutes of Nevada, two dollars a volume during the two years immediately succeeding the date of publication, and at the expiration of two years, one dollar a volume; provided, that the Secretary of State is not authorized to sell at one time to any one person or firm more than five copies of any one volume of said publications.

Prices of State law books.

Chap. XXXVIII.–An Act to continue the right and grant conferred under and by virtue of an Act entitled “An Act to supply the Town of Austin with water,” approved February 16, 1864, and an Act to extend the time of said franchise, approved February 23, 1893, for fifteen years from the first day of March, 1908.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  That the right given to Isaac C. Bateman, his associates and assigns, in the Act entitled “An Act to supply the Town of Austin with water,” approved February 16, 1864, and an Act to extend the time of said franchise, approved February 23, 1893, shall be, and the same is hereby, extended for the term of fifteen years from the first day of March, nineteen hundred and eight, subject, however, to all the conditions, regulations, restrictions and provisions contained in said Act above referred to, except those provisions in relation to the purchase of the works and privileges therein granted.

Extension of franchise for supplying the Town of Austin with water.

Town of Austin may purchase said waterworks.

16, 1864, and an Act to extend the time of said franchise, approved February 23, 1893, shall be, and the same is hereby, extended for the term of fifteen years from the first day of March, nineteen hundred and eight, subject, however, to all the conditions, regulations, restrictions and provisions contained in said Act above referred to, except those provisions in relation to the purchase of the works and privileges therein granted.

      Sec. 2.  The Town of Austin shall have the right, on giving three months notice of its intention so to do, to purchase all the works and privileges hereby granted, which may be in use for supplying water to said town, at their true value, to be determined by three appraisers; one to be selected by the owners of said grant and works, one by the authorities of the Town of Austin, and the third by the two appraisers so selected, and their decision shall be final; provided, that in case of such appraisement the unexpired term of such privilege or franchise hereby granted shall be appraised at a sum not to exceed five dollars.

Limiting tax rate in certain towns and cities.

Certain Act not applicable.

Repeal.

Chap. XXXIX.–An Act limiting the tax rate in all the towns and cities of this State polling at the last general election from eight hundred and fifty votes to nine hundred and ten votes.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  In all the towns and cities of this State polling at the last general election from eight hundred and fifty votes to nine hundred and ten votes the tax rate for town and city purposes shall not exceed one dollar and fifty cents on the one hundred dollars of assessed valuation.

      Sec. 2.  Section one and section two of an Act entitled “An Act relating to the government of towns and cities and limiting the tax rate thereof,” approved March 20, 1903, shall not apply to any town or city of this State polling at the last general election from eight hundred and fifty to nine hundred and ten votes.

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

Chap. XL.–An Act authorizing Lincoln County to fund and refund its existing indebtedness, and to repeal all Acts and parts of Acts in conflict herewith.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of Lincoln County, Nevada, by an affirmative vote of a majority of the members thereof, are hereby empowered to fund and refund all existing indebtedness of said county which has accrued under an Act entitled “An Act to consolidate and fund the indebtedness of Lincoln County,” approved February 17, 1873; provided, that said indebtedness can be refunded for an amount equal to sixty-five per cent of the amount of said indebtedness, principal and interest computed to and stated as of June 1, 1907, and said Board of County Commissioners of Lincoln County may issue the negotiable bonds of said county therefor, in denominations of one thousand dollars each, having not less than ten years and not more than thirty years to run and bearing interest at the rate of four per cent per annum, payable semi-annually, which bonds shall be lithographed and consecutively numbered, and shall be substantially in the following form:

coln County, Nevada, by an affirmative vote of a majority of the members thereof, are hereby empowered to fund and refund all existing indebtedness of said county which has accrued under an Act entitled “An Act to consolidate and fund the indebtedness of Lincoln County,” approved February 17, 1873; provided, that said indebtedness can be refunded for an amount equal to sixty-five per cent of the amount of said indebtedness, principal and interest computed to and stated as of June 1, 1907, and said Board of County Commissioners of Lincoln County may issue the negotiable bonds of said county therefor, in denominations of one thousand dollars each, having not less than ten years and not more than thirty years to run and bearing interest at the rate of four per cent per annum, payable semi-annually, which bonds shall be lithographed and consecutively numbered, and shall be substantially in the following form:

      No. ............ The County of Lincoln in the State of Nevada, for value received, promises to pay to ..................................., or bearer, at the office of the Treasurer of said county, in ................................. on or before the first day of ....................................., 19....., (thirty years after date, or at any time before that date and after ten years from the date hereof) at the pleasure of the county, the sum of ........................... dollars in United States gold coin, with interest at the rate of four per cent per annum, payable at the office of said Treasurer semiannually on the first days of June and December of each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the Board of County Commissioners in conformity to a resolution of said Board, dated the ............ day of ............................, 1907, and under authority conferred upon said Board by the provisions of an Act of the Legislature of Nevada, entitled “An Act authorizing Lincoln County to fund and refund its existing indebtedness, and to repeal all Acts and parts of Acts in conflict herewith,” approved ............................., 19........ (Insert date of approval of this Act).

      In testimony whereof, the said county, by its Board of County Commissioners, has caused this bond to be signed by the Chairman of the Board, and attested by the County Clerk under the seal of said county, and countersigned by the County Auditor, this ......... day of ...................................., 19........

                                                                                                ...................................................... ,

                   Chairman of the Board of County Commissioners.

      Countersigned:

.............................., County Auditor. ..............................., County Clerk.

      The semi-annual interest upon said bonds shall be represented and promised according to the coupons attached to said bonds, providing for the semi-annual payment of said interest on the same, and shall be in the following form:

      The Treasurer of Lincoln County, Nevada, will pay to the holder hereof, on the .........

Funding indebtedness of Lincoln County.

Form of bond.

Form of interest coupon.

County Treasurer custodian of bonds.

New bonds issued, when and how

holder hereof, on the ......... day of ............................, 19......, at his office in ....................................., the sum of ................................ dollars, United States gold coin, for interest to that day on County Bond No. .......

                                                                        .................................................................

                   Chairman of the Board of County Commissioners.

      Countersigned:

.............................., County Auditor. ..............................., County Clerk.

      Sec. 2.  Whenever bonds issued under this section shall be duly executed, numbered consecutively and sealed, they shall be delivered to the County Treasurer and his receipt taken therefor, and he shall stand charged on his official bond with all bonds delivered to him and with the proceeds thereof. The County Treasurer, under the direction of the Board of County Commissioners, may exchange any of said bonds for the satisfaction of the indebtedness described in section one hereof, outstanding on the date when this Act becomes a law, upon compliance with the terms and conditions of this Act, or he shall, when directed by the Board of County Commissioners, sell any portion of said bonds for money at not less than the par value thereof, the proceeds of such sale or sales to be applied exclusively to the payment, satisfaction and discharge of the indebtedness of Lincoln County which has accrued under the Act of 1873 mentioned in section one hereof.

      Whenever any of the indebtedness for which such bonds are permitted to be issued, has been put into final judgment or judgments, and whenever the legal owners or holders of such judgment or judgments are willing to accept in satisfaction thereof sixty-five per cent of the amount of such judgment or judgments, with interest and the costs of suit thereon, in the bonds hereby authorized, at the par value thereof, then the Board of County Commissioners are authorized and empowered to direct the County Treasurer to deliver to the owner or holder of such judgment or judgments, bonds of the issue herein provided for, at the par value thereof, to the amount of sixty-five per cent of the amount of such judgment or judgments and interest, and the amount of said costs of suit, upon receiving from the owner or holder of such judgment or judgments a full and complete satisfaction, discharge and cancelation of such judgment or judgments and costs, which said satisfaction, when delivered to the County Treasurer, shall be filed in the court in which such judgment or judgments were rendered and are entered, and a true copy thereof, certified to be such by said County Treasurer, shall also be filed in the office of the County Auditor of Lincoln County.

      Any holder or holders of any valid and subsisting indebted ness of Lincoln County, which accrued under the terms of an Act entitled “An Act to consolidate and fund the indebtedness of Lincoln County,” approved February 17, 1873, who is willing to exchange any valid original bonds, coupons or other evidences of such indebtedness, and which remain lawful obligations of said county, for the bonds herein provided to be issued, at the rate of sixty-five cents on the dollar for the amount of said original evidences of indebtedness, principal and interest, may receive such bonds in exchange, and the Board of County Commissioners, upon the surrender of such original valid bonds, coupons or other existing valid evidences of indebtedness to the County Treasurer, may authorize the County Treasurer to issue and deliver to such holder or holders of such original valid bonds, coupons or other existing valid evidences of indebtedness, upon surrender thereof, bonds herein authorized to be issued, to an amount equal to sixty-five cents on the dollar of the amount of such original valid bonds, coupons or other existing valid evidences of indebtedness, and such original valid bonds, coupons or other existing valid evidences of indebtedness, when received by the County Treasurer, shall be marked paid and canceled, and a record of said original valid bonds, coupons or other existing valid evidence of indebtedness, showing the form of such evidences of indebtedness, numbers, dates and amounts of bonds and coupons, and from whom received, shall be made and the same shall at all times be open to inspection by the public.

of Lincoln County,” approved February 17, 1873, who is willing to exchange any valid original bonds, coupons or other evidences of such indebtedness, and which remain lawful obligations of said county, for the bonds herein provided to be issued, at the rate of sixty-five cents on the dollar for the amount of said original evidences of indebtedness, principal and interest, may receive such bonds in exchange, and the Board of County Commissioners, upon the surrender of such original valid bonds, coupons or other existing valid evidences of indebtedness to the County Treasurer, may authorize the County Treasurer to issue and deliver to such holder or holders of such original valid bonds, coupons or other existing valid evidences of indebtedness, upon surrender thereof, bonds herein authorized to be issued, to an amount equal to sixty-five cents on the dollar of the amount of such original valid bonds, coupons or other existing valid evidences of indebtedness, and such original valid bonds, coupons or other existing valid evidences of indebtedness, when received by the County Treasurer, shall be marked paid and canceled, and a record of said original valid bonds, coupons or other existing valid evidence of indebtedness, showing the form of such evidences of indebtedness, numbers, dates and amounts of bonds and coupons, and from whom received, shall be made and the same shall at all times be open to inspection by the public. The County Treasurer shall keep a careful record of all transactions under the authority of this Act, and a record of the number, date and time of payment of each bond and coupon delivered to him under the authority of this Act.

      The County Treasurer shall also report, under oath, to the Board of County Commissioners, semi-annually, a statement of all bonds issued and delivered under the authority of this Act, if any, which are sold or exchanged by him since the preceding report, and the date of such sale or exchange, and, when exchanged, a list or description of the evidences of county indebtedness exchanged therefor, and the amount of money from principal and other sources, including accrued interest received by him on such sale or exchange, which latter sum shall be charged to him as money received by him on bond fund, and so entered by him on his books; but such bonds shall not be sold or exchanged for any indebtedness of the county, except by the approval of the Board of County Commissioners of said Lincoln County.

      In case the holders of any of the indebtedness mentioned in section one hereof shall not be willing to exchange the same under the terms and provisions of this Act, but are willing to accept money in satisfaction of their said demands at the rate of sixty-five cents on the dollar of the amount of their said demands, including interest, the County Commissioners of Lincoln County, by an affirmative vote of a majority of the members thereof, in case all or any part of the entire indebtedness can be settled for an amount equal to sixty-five cents on the dollar upon the full amount of such indebtedness, may order all or a sufficient number of said bonds to be sold for money for such purpose, but no sale shall be made of the same or any part thereof, except to the highest bidder, after advertising for bids for the purchase of the same for not less than three weeks in at least one newspaper published in the county, if there be a newspaper published in the county, and in some newspaper of general circulation published in the State, the right to be reserved in such advertisement to reject any and all bids, but the said bonds may be exchanged for other bonds or warrants or other indebtedness against the county without advertising, at the rate of sixty-five cents on the dollar of the amount of such other outstanding bonds, warrants or other indebtedness against the county, at any time, under the direction of the Board of County Commissioners; provided, however, that in no instance shall any of the said bonds or money received from the sale thereof be given in exchange for, or in payment of, any coupon or accrued interest outstanding against the County of Lincoln, except when the bond to which such coupon is attached, or upon which said interest has accrued, be redeemed with it.

Exchange of bonds for evidences of indebtedness.

County Treasurer to report semiannually.

Bonds sold to highest bidders.

Bonds sold to highest bidders.

Tax for interest on and redemption of bonds.

Method of redemption of bonds.

sixty-five cents on the dollar upon the full amount of such indebtedness, may order all or a sufficient number of said bonds to be sold for money for such purpose, but no sale shall be made of the same or any part thereof, except to the highest bidder, after advertising for bids for the purchase of the same for not less than three weeks in at least one newspaper published in the county, if there be a newspaper published in the county, and in some newspaper of general circulation published in the State, the right to be reserved in such advertisement to reject any and all bids, but the said bonds may be exchanged for other bonds or warrants or other indebtedness against the county without advertising, at the rate of sixty-five cents on the dollar of the amount of such other outstanding bonds, warrants or other indebtedness against the county, at any time, under the direction of the Board of County Commissioners; provided, however, that in no instance shall any of the said bonds or money received from the sale thereof be given in exchange for, or in payment of, any coupon or accrued interest outstanding against the County of Lincoln, except when the bond to which such coupon is attached, or upon which said interest has accrued, be redeemed with it.

      Sec. 3.  The Board of County Commissioners shall cause to be assessed and levied each year, until the tenth year after the issue of said bonds, upon the taxable property of the county, in addition to the levy authorized for other purposes, a sufficient tax to pay the interest on outstanding bonds, issued in conformity to the provisions of this Act, accruing before the next annual levy, and they shall cause to be assessed and levied, in the tenth year after the issue of such bonds, and in each year thereafter, a tax sufficient to pay at least one-twentieth of the bonds then unpaid, and the interest upon all outstanding bonds, in addition to all taxes for other purposes, and the moneys arising from such assessments and levies shall be known as the “Bond Fund,” and shall be used only for the payment of bonds and interest coupons, and for no other purpose whatever; and the County Treasurer shall open and keep in his books a separate and special account thereof, which shall at all times show the exact condition of said bond fund.

      Sec. 4.  Whenever, after ten years from the date of said bonds, the amount in the hands of the County Treasurer belonging to the bond fund, after setting aside the sum required to pay the interest maturing before the next levy, is sufficient to redeem five or more of said bonds, the County Treasurer shall notify the County Auditor and the presiding officer of the Board of County Commissioners of such fact, and thereupon the said three officers shall draw by lot from the full list of all the then outstanding bonds issued hereunder, the numbers and amount of sufficient of said outstanding bonds to absorb the money in the bond fund available for and applicable to payment upon the principal of said bonds, but not exceeding in number one-twentieth of the total number of bonds issued under this Act, and thereupon the County Treasurer shall give notice, by publication in a newspaper of general circulation in said Lincoln County and also in a newspaper printed and published in the City of San Francisco, in the State of California, addressed “To the holders of bonds of Lincoln County, Nevada,” and stating the numbers of the bonds so drawn, and stating briefly that the bonds bearing the numbers so drawn, and all interest thereon to the date of the next interest payment, stating said date, will be paid in full by the County Treasurer at his office in Lincoln County, upon presentation of said bonds and all unpaid coupons pertaining thereto, which notice shall be so printed and published in said newspaper for eight successive publications, the last of which shall not be less than sixty days prior to the date fixed for the payment of such bonds.

not exceeding in number one-twentieth of the total number of bonds issued under this Act, and thereupon the County Treasurer shall give notice, by publication in a newspaper of general circulation in said Lincoln County and also in a newspaper printed and published in the City of San Francisco, in the State of California, addressed “To the holders of bonds of Lincoln County, Nevada,” and stating the numbers of the bonds so drawn, and stating briefly that the bonds bearing the numbers so drawn, and all interest thereon to the date of the next interest payment, stating said date, will be paid in full by the County Treasurer at his office in Lincoln County, upon presentation of said bonds and all unpaid coupons pertaining thereto, which notice shall be so printed and published in said newspaper for eight successive publications, the last of which shall not be less than sixty days prior to the date fixed for the payment of such bonds. On and after the date fixed in said notice, the interest on said several bonds bearing the numbers so drawn and specified in said advertisement, shall cease, and the amount of money to pay, satisfy and discharge the same, with interest to said date, shall be set aside from all other money in the hands of the County Treasurer to be held for the payment of said bonds and interest when the same shall be presented. If said bonds are not so presented, the interest thereon shall nevertheless cease. Upon presentation of said bonds and all unpaid coupons pertaining thereto, the County Treasurer shall mark the same paid and canceled, and thereupon make a complete record in his office of the transactions, and shall also furnish the County Auditor and County Commissioners with a full and detailed report of the transactions, including a list of the bonds and coupons by him paid and canceled. All redemptions and payments of bonds so drawn for payment shall be made in the order of the said several advertising calls, and out of the funds so set apart by said County Treasurer for such purpose.

      Sec. 5.  The bonds to be issued hereunder may be dated on the first day of June, 1907, and settlements and exchanges of all valid outstanding bonds, coupons and other existing valid evidences of indebtedness, may be made and computed as of said date, or upon any semi-annual interest date thereafter occurring.

      Sec. 6.  All Acts and parts of Acts in conflict herewith are hereby repealed.

Advertising.

Interest ceases, when.

Treasurer to cancel.

Date of bonds.

Repeal.

Franchise granted W. A. Stevens

Town boundaries.

Franchise to include.

To continue fifty years.

What franchise shall cover.

Chap. XLI.–An Act to supply the Town of Wonder, in Churchill County, with water for extinguishment of fires and for domestic and other purposes, and to define the boundaries of said town, and other matters relating thereto.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  That W. A. Stevens, his successors in interest and assigns, is hereby granted a franchise for, and shall have and possess the privilege of supplying the Town of Wonder, in Churchill County, Nevada, and the inhabitants, residents and people of said town with water for fire, domestic and general purposes.

      Sec. 2.  The boundaries of said Town of Wonder, for the purposes of this Act, shall include all territory which is now embraced within the settled portion thereof, or which is embraced or included in any official map or maps, plat or plats of said town or of any additions thereto, now filed for record with the County Recorder of said Churchill County, or which may, at any time hereafter, be filed for record with such County Recorder.

      Sec. 3.  That the franchise and privilege hereby granted to the said W. A. Stevens, his successors in interest and assigns, shall include the privilege and right of way to excavate for, construct, place, maintain and operate a plant or system of water-works, pipes, mains, hydrants, ditches, dams, aqueducts, bridges, flumes, tanks, reservoirs, and works for the sale and distribution by said grantee of water for domestic and irrigation purposes to the inhabitants of the Town of Wonder and vicinity, as well as for fire protection to said town, and that said franchise and right of way be granted and shall cover and apply to any and all streets, avenues, alleys and roads, and also to any and all lands belonging to the said Town of Wonder.

      Sec. 4.  Said franchise and right of way hereby granted shall continue and be in full force and effect for the period of fifty years from and after the date of granting the same, providing that nothing herein shall be so construed as affecting the right to revoke and declare said franchise forfeited for any wilful failure on the part of the grantee to comply with the conditions hereof.

      Sec. 5.  That said franchise, right of way, and all rights and privileges herein and hereby granted, shall extend to and cover any and all streets, avenues, roads or alleys in said Town of Wonder or immediate vicinity, as the same are now known or designated, laid out or established, and also such other streets, avenues, roads or alleys as may hereafter at any time, be laid out, designated or established in said town or immediate vicinity, or as the successful and profitable prosecution of the said enterprise and business may warrant, and the convenience and necessities of the general public may seem to require.

and the convenience and necessities of the general public may seem to require.

      Sec. 6.  That the pipes or mains for the conveying, conducting and distribution of water for the purposes aforesaid may be extended from time to time, at such times and in such manner as conditions warrant and as the general welfare, convenience and necessities of the inhabitants of said town may require and as the said grantee may determine.

      Sec. 7.  The said grantee, after excavating for or laying any pipes or mains as herein provided for, shall thereafter and as soon as practicable, at his own proper cost and expense, cover the same in such manner as to leave the surface smooth and level, and not to cause or create thereby or by any work any rutholes or uneven spots or places on any of said streets, avenues, alleys or roads, and shall also and in like manner, when excavating for or laying any pipes or mains, cause the same to be done at such times and in such way and manner as to minimize as far as possible any interference with or obstruction to the convenient use and travel over and upon such streets, avenues, alleys and roads.

      Sec. 8.  The said grantee shall at all times during the continuance hereof, and whenever duly requested so to do by resolution of the Board of County Commissioners of said Churchill county, acting for the use and benefit of said Town of Wonder, and as soon after the passage of such resolution as practicable, fix, establish and maintain hydrants connecting with mains in such place or places as may be designated or stated in such resolution; the compensation and payment for such hydrants and fire protection thereby to be fixed at such time, manner and amount as may be mutually agreed upon by the said grantee and the said Board of County Commissioners.

      Sec. 9.  This franchise and right of way and all rights and privileges conferred are granted on the condition that the said grantee shall commence the work of construction of said plant or water system within three months from and after the date of passage of this Act, and on the further condition that said grantee shall prosecute the work of construction of said plant or water system with reasonable diligence until said plant or water system shall be in a condition to afford and supply, with sufficient force of water, the necessary number of hydrants for adequate fire protection; the said hydrants to be fixed and established as herein before provided.

      Sec. 10.  This franchise shall not be forfeited or in any wise or manner affected by any delay or failure of, or on the part of the said grantee to comply with the conditions hereof, when it shall appear that such delay or failure was caused by labor strikes, the elements, act of God, or any unforeseen or unavoidable cause or causes.

      Sec. 11.  This franchise, right of way and all rights, privileges or easements hereby granted or conferred, together with all terms and conditions imposed on the use and enjoyment of the same, shall inure and apply to the said grantee, his associates, successors in interest and assigns.

Pipes may be extended.

Ground to be left in good condition.

To maintain hydrants for fire protection.

Work to be commenced within three months.

Franchise not be be forfeited by unavoidable delays.

Franchise to issue to grantee and assigns.

In effect.

with all terms and conditions imposed on the use and enjoyment of the same, shall inure and apply to the said grantee, his associates, successors in interest and assigns.

      Sec. 12.  This Act shall take effect from and after its passage.

Deputies in Ormsby County.

Repeal.

Chap. XLII.–An Act to provide for deputies in the Sheriff and ex officio Assessor’s office and the County Clerk and ex officio Treasurer’s office, and fix their compensation, in and for Ormsby County, State of Nevada.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Sheriff and ex officio Assessor and the County Clerk and ex officio Treasurer of Ormsby County are hereby authorized and empowered, when it is necessary, to appoint deputies at a salary to be fixed by the Board of County Commissioners and the salary to be paid out of the General Fund of Ormsby County. The appointments shall only be made in case of emergency and the compensations of these deputies shall only be made with the approval of the Board of County Commissioners and for such time as said Board may deem necessary.

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

Salary of Constable of Carson Township.

In effect.

Chap. XLIII.–An Act to amend an Act entitled “An Act fixing the salary of Constable in and for Carson Township, Ormsby County, State of Nevada, and other matters relating thereto,” approved March 22, 1897.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section one of the Act named in the above title is amended so as to read as follows:

      Section 1.  The Constable in and for Carson Township, Nevada, shall receive a salary of nine hundred dollars a year, payable in twelve equal monthly payments; provided, such Constable shall have no claim against the county for services rendered in civil or criminal cases; and provided further, that all fees received in civil cases shall be turned into the county treasury.

      Sec. 2.  This Act shall take effect and be in force from and after its passage.

Chap. XLIV.–An Act to regulate railroads, telegraph and telephone companies and other common carriers in this State, creating a Railroad Commission, constituting the Governor, the Lieutenant-Governor, and the Attorney-General a Railroad Board for the appointment and removal of the Railroad Commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges.

[Approved March 5, 1907.]

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

Assembly, do enact as follows:

      Section 1.  A Railroad Commission is hereby created, to be composed of three Commissioners. The Governor, the Lieutenant-Governor, and the Attorney-General shall constitute a Railroad Board for the purpose of appointing such Commissioners. A majority of the members of said Railroad Board may perform all the duties required of such Board. Within thirty days after the passage of this Act the Railroad Board shall appoint such Commissioners and designate the term of each, and they shall hold until their successors are appointed. The term of one such appointee shall terminate on the first Monday in February, 1909; the term of the second such appointee shall terminate on the first Monday in February, 1910; and the term of the third such appointee shall terminate on the first Monday in February, 1911. On the second Monday in January, 1909, and annually thereafter, there shall be appointed, in the same manner, one Commissioner for the term of three years from the first Monday in February of such year. Each Commissioner so appointed shall hold office until his successor is appointed and qualified. Any vacancy shall be filled by appointment by the Railroad Board.

      a. The said Commissioners shall have the following qualifications: They shall have a general understanding of matters relating to railroad transportation, but at no time shall there be more than two of the said Commissioners members of the same political party.

      b. The Railroad Board may at any time remove any Commissioner for any inefficiency, neglect of duty, or malfeasance in office. Before such removal it shall give such Commissioner a copy of the charges made against him and shall fix a time when he can be heard in his own defense, which shall be not less than ten days thereafter, and said hearing shall be open to the public. If he shall be removed the Railroad Board shall file in the office of the Secretary of State a complete statement of all charges made against such Commissioner and the findings thereon, with the record of the proceedings.

      c. No person so appointed shall be pecuniarily interested in any railroad in this State or elsewhere, and if any such Commissioner shall voluntarily become so interested, his office shall ipso facto become vacant: and if he shall become so interested otherwise than voluntarily he shall within a reasonable time divest himself of such interest, and failing to do so his office shall become vacant, and the Railroad Board shall proceed as provided for in Section 1b of this Act.

Railroad Commission created.

Railroad Board.

How selected.

Terms.

Qualifications.

May be removed by Railroad Board.

Commissioners must have no pecuniary railroad interests.

Commission must investigate all complaints.

One Commissioner to devote his entire time.

All to take official oath.

Salaries.

To meet and organize.

Secretary.

in any railroad in this State or elsewhere, and if any such Commissioner shall voluntarily become so interested, his office shall ipso facto become vacant: and if he shall become so interested otherwise than voluntarily he shall within a reasonable time divest himself of such interest, and failing to do so his office shall become vacant, and the Railroad Board shall proceed as provided for in Section 1b of this Act.

      d. Whenever a complaint is made to the Commission of a violation of any of the provisions of this Act, or of any order of the Commission, it shall, within four months, commence an investigation of said charge and shall determine the same within six months, unless the person preferring said charges shall agree in writing to a longer time. A failure to comply with this provision shall ipso facto render the office of each of the Commissioners vacant, and the Railroad Board shall appoint new Commissioners as provided for by this Act.

      e. One Commissioner, to be designated by the Railroad Board, shall not hold any other office or position of profit, or pursue any other business or vocation, or serve on or under any committee of any political party, but shall devote his entire time to the duties of his office.

      f. Before entering upon the duties of his office, each of said Commissioners shall take and subscribe the constitutional oath of office, and shall in addition thereto swear (or affirm) that he is not pecuniarily interested in any railroad in this State or elsewhere, or common carrier, which oath or affirmation shall be filed in the office of the Secretary of State.

      g. The Commissioner who shall devote his entire time shall receive a salary of $5,000 per annum; the two other Commissioners shall each receive $2,500 per annum, payable in the same manner as salaries of other State officers are paid.

      h. The Commissioners appointed under this Act shall within twenty days after their appointment and qualification meet at the State Capital and organize by electing one of their number Chairman, who shall serve until the second Monday of February, 1909. On the second Monday of February in each odd-numbered year the Commissioners shall meet at the office of the Commission and elect a Chairman, who shall serve for two years and until his successor is elected. A majority of said Commissioners shall constitute a quorum to transact business, and any vacancy shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission, so long as a majority remains.

      i. Said Commission may appoint a Secretary, who shall be a stenographer, at a salary of not more than $1,800 per annum, and may employ such other experts as may be necessary to perform any service it may require of them, and shall fix their compensation.

      j. The Secretary shall take and subscribe to an oath similar to that of the Commissioners, and shall keep full and correct records of all transactions and proceedings of the Commission, and shall perform such other duties as may be required by the Commission. Any person ineligible to the office of Commissioner shall be ineligible to the office of Secretary.

      k. The Commissioners shall be known collectively as “Railroad Commission of Nevada,” and in that name may sue and be sued. It shall have a seal with the words “Railroad Commission of Nevada, and such other design as the Commission may prescribe engraved thereon, by which it shall authenticate its proceedings, and of which the courts shall take judicial notice.

      l. The Commission shall keep its office at Carson, and shall be provided by the Board of Capitol Commissioners with suitable room or rooms, necessary office furniture, supplies, stationery, books, periodicals, maps, and all necessary expenses shall be audited and paid as other State expenses are audited and paid. The Commission may hold sessions at any place other than its office, when the convenience of the parties so requires. The Commissioners and Secretary, and such experts as may be employed, shall be entitled to receive from the State their actual necessary expenses while traveling on the business of the Commission. Such expenditure to be sworn to by the person who incurred the expense and approved by the Chairman of the Commission.

      m. The Commission shall have the power to adopt and publish rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings of railroads and other parties before it, and all hearings shall be open to the public.

      n. The Commission may confer by correspondence, or by attending conventions, or otherwise, with the Railroad Commissioners of other States, and with the Interstate Commerce Commission, on any matters relating to railroads; provided, that any expenses incurred in attending any convention outside of the State shall not be a charge against the State.

      Sec. 2.  The term “railroad” as used herein shall mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage or control any railroad or part of a railroad as a common carrier in this State, or cars, or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroad or otherwise. The term “railroad,” whenever used herein, shall mean and embrace express companies, telegraph and telephone companies, and all duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, in so far as the same are applicable, be required of and imposed upon express companies and telephone and telegraph companies, and their officers and agents, and the Commission shall have the power of supervision and control of express companies and telegraph and telephone companies to the same extent as railroads.

Oath of same

“Railroad Commission of Nevada.”

Seal

Office at Capitol.

Expenses.

Rules.

Railroad matters.

“Railroad” defined.

Provisions of Act to apply.

Not to apply.

Reasonable charges by railroads required.

Railroads to print and post schedules of fairs and freights.

shall, in so far as the same are applicable, be required of and imposed upon express companies and telephone and telegraph companies, and their officers and agents, and the Commission shall have the power of supervision and control of express companies and telegraph and telephone companies to the same extent as railroads.

      a. The provisions of this Act shall apply to the transportation of passengers and property and the transmission of messages between points within this State, and to the receiving, switching, delivery, storing and hauling of such property, and receiving and delivering messages, and to all charges connected therewith, including icing charges and mileage charges, and shall apply to all railroads, corporations, express companies, car companies, freight and freight line companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers, upon or over any line of railroad within this State, and to any common carrier engaged in the transportation of passengers and property, wholly by rail or partly by rail and partly by water.

      b. This Act shall not apply to street and electric railroads engaged solely in the business of transportation of passengers within the limits of cities, nor other private railroads not doing business as common carriers, or any railroad less than twenty miles in length, when operated independently of another road.

      Sec. 3.  Every railroad is hereby required to furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered in the transportation of passengers or property or for any service in connection therewith, or for the receiving, switching, delivering, storing or handling of such property, shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.

      Sec. 4.  Every railroad shall print in plain type, and file with the Commission within a time fixed by the Commission, schedules which shall be open to public inspection, showing all rates, fares and charges for the transportation of passengers and property, and any service in connection therewith, which it has established and which are in force at the time between all points in this State upon its line, or any line controlled or operated by it, and the rates, fares and charges shown on such schedules as are in effect at the date this Act takes effect. The schedule printed as aforesaid shall plainly state the charges upon its line or any line controlled or operated by it in this State between which passengers and property will be carried, and there shall be filed therewith the classifications of freight in force. Every railroad shall publish with and as a part of such schedules all rules and regulations that in any manner affect the rates charged or to be charged for the transportation of passengers or property, also its charges for delay in unloading or loading cars, for track and car service, or rental, and for demurrage, switching, terminal or transfer service, or for rendering any other service in connection with the transportation of persons or property.

track and car service, or rental, and for demurrage, switching, terminal or transfer service, or for rendering any other service in connection with the transportation of persons or property. Two copies of said schedules for the use of the public shall be filed and kept on file in every depot, station and office of such railroad where passengers or freight are received for transportation in such form and place as to be accessible to the public and where they can be conveniently inspected. When passengers or property are transported over connecting lines in this State operated by more than one railroad, and the several railroads operating such lines establish joint rates, fares and charges, a schedule of joint rates shall also in like manner be printed and filed with the Commission, and in every depot, station, and office of such railroads where such passengers or property are received for transportation.

      a. No change shall thereafter be made in any schedule, including schedule of joint rates, or in any classification, except upon thirty days notice to the Commission, and all such changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof thirty days prior to the time the same are to take effect; provided, that the Commission, upon application of any railroad, may prescribe a less time within which a reduction may be made. Copies of all new schedules shall be filed as herein before provided in every depot, station and office of such railroad ten days prior to the time the same are to take effect, unless the Commission shall prescribe a less time.

      b. Whenever a change is made in any existing schedule, including schedule of joint rates, a notice shall be posted by the railroad in a conspicuous place in every depot, station and office, stating that changes have been made in the schedule on file, specifying the class or commodity affected and the date when the same will take effect.

      c. It shall be unlawful for any railroads to charge, demand, collect or receive a greater or less compensation for the transportation of passengers, property, or for any service in connection therewith, than is specified in such printed schedule, including schedules of joint rates, as may at the time be in force, and the rates, fares and charges named therein shall be the lawful rates, fares and charges until the same are changed as herein provided.

      d. The Commission may prescribe such changes in the form in which the schedules are issued by the railroad as may be found expedient, and such schedules shall, as far as practicable, conform to the forms prescribed by the Interstate Commerce Commission.

      Sec. 5.  Whenever passengers or property are transported over two or more connecting lines of railroads between points in this State, and the railroad companies have made joint rates for the transportation of the same, such rates and all charges in connection therewith shall be just and reasonable, and every unjust and unreasonable charge is prohibited and declared to be unlawful; provided, that a less charge by each of said railroads for its proportion of said joint rates than is made locally between the same points on their respective lines shall not for that reason be construed as a violation of the provisions of this Act, nor render such railroads liable to any of the penalties hereof.

Two copies to be posted in each station.

No change in schedule, except upon thirty days notice.

Proviso for reduction.

Notice of change to be posted.

Said schedule must be adhered to.

Commission may prescribe changes in schedule.

Joint rates.

Proviso.

Rates must be uniform.

“Western Classification No. 41” adopted.

Maximum rates adopted.

Rates on ores.

charges in connection therewith shall be just and reasonable, and every unjust and unreasonable charge is prohibited and declared to be unlawful; provided, that a less charge by each of said railroads for its proportion of said joint rates than is made locally between the same points on their respective lines shall not for that reason be construed as a violation of the provisions of this Act, nor render such railroads liable to any of the penalties hereof.

      Sec. 6.  Nothing in this Act shall be construed to prevent concentration, commodity, transit and other special contract rates, but all such rates shall be open to all shippers of a like kind of traffic under similar circumstances and conditions, and shall be subject to the provisions of this Act as to the printing and filing of the same; provided, all such rates shall be under the supervision and regulation of the Commission.

      Sec. 7.  The classification of freight, commonly known as the “Western Classification, No. 41,” issued by the Western Classification Committee, and taking effect October 1, 1906, and adopted by the Oregon Short Line Railroad Company, The Southern Pacific Company, Pacific System, San Pedro, Los Angeles and Salt Lake Railroad, and other roads, shall be adopted by the Commission as the classification of freight, and shall be uniform upon all railroads in this State.

      a. The Commission shall not fix a greater rate, nor shall it allow any broad or standard-gage road to charge a greater rate than that fixed for the following classifications:

      Class 1-Eight cents a ton a mile.

      Class 2-Seven and four-tenths cents a ton a mile.

      Class 3-Six and four-tenths cents a ton a mile.

      Class 4-Five and two-tenths cents a ton a mile.

      Class 5-Four and six-tenths cents a ton a mile.

      Class A-Four and six-tenths cents a ton a mile.

      Class B-Three and six-tenths cents a ton a mile.

      Class C-Three and one-tenth cents a ton a mile.

      Class D-Two and seven-tenths cents a ton a mile.

      Class E-Two and seven-tenths cents a ton a mile.

      b. All other property classed higher than class one, and known as class one and one-half times first-class; double first-class; three times first-class; and four times first-class, shall not exceed twenty cents a ton a mile.

      c. The Commission shall not fix a greater rate nor shall it allow any broad or standard-gage road to charge a greater rate for the following classes or grades of ore than that fixed herein:

      Rough stone of all kinds, iron ore, limestone, or other ore, stone or mineral, commonly used as fluxes, one-half cent a ton a mile.

      Ores not exceeding $20 a ton in value, one cent a ton a mile.

      Ores not exceeding $30 a ton in value, one and one-tenth of a cent a ton a mile.

      Ores not exceeding $40 a ton in value, one and one-fourth cents a ton a mile.

      Ores not exceeding $50 a ton in value, one and thirty-five hundredths cents a ton a mile.

      Ores not exceeding $60 a ton in value, one and one-half cents a ton a mile.

      Ores not exceeding $70 a ton in value, one and three-fourths cents a ton a mile.

      Ores not exceeding $80 a ton in value, one and nine-tenths cents a ton a mile.

      Ores not exceeding $100 a ton in value, two cents a ton a mile.

      All other ores shall not be charged at a greater rate than two cents a ton a mile.

      d. Nothing contained herein shall be construed as preventing the Commission fixing a less rate than those mentioned nor prevent it from fixing rates upon all articles not mentioned in the classification adopted herein on articles usually classed as special commodities.

      e. All narrow-gage railroads may be permitted by the Commission to charge a rate not to exceed one hundred and fifty per cent higher than those mentioned for broad-gage railroads.

      f. Provided, that the maximum rates herein fixed shall not apply to any railroad until the said road shall have been constructed and in operation for two years between the points where they shall commence to deliver freights; provided further, that all hauls of less than fifty miles may be charged as if actually hauled fifty miles, but where the haul is fifteen miles, or less, then the Commission shall fix such rates as it may deem fair and just.

      Sec. 8.  Nothing herein shall prevent the carriage, storage or handling of freight free or at reduced rates for the United States, the State, or any political subdivision thereof, or any municipality thereof, or for charitable purposes, or to and from fairs and expositions for exhibition thereat, or household goods the property of employees; or the issuance of mileage, commutation or excursion passengers’ tickets; provided, that the same shall be obtainable by any persons applying therefor, without discrimination, or of party tickets; provided, that the same shall be obtainable by any person applying therefor under like circumstances and conditions. This Act shall not be construed as preventing railroads from giving free transportation or reduced rates therefor to any minister of the gospel, officer or agent of incorporated colleges, college professors, school teachers, all students attending institutions of learning, regular agents of charitable societies when traveling upon the business of the society only, destitute or homeless persons, railroad officers, attorneys, directors, employee or members of their families; or prevent the exchange of passes with officers, attorneys, or employees of other railroads, and members of their families.

Rates on ores.

Maximum charge.

Lower rates permitted.

Narrow-gage roads may charge 150 per cent more.

Proviso.

Short hauls.

Government freight, etc., excepted.

Exception as to ministers, school teachers, etc.

Attendant for live stock.

Depots to be maintained in good condition.

To furnish suitable cars for shippers.

Preference to live stock, etc.

Commission may enforce reasonable regulations.

Proper facilities for interchange of traffic.

Commission to have control of private tracks.

of passes with officers, attorneys, or employees of other railroads, and members of their families.

      a. Upon any shipment of live stock or other property of such nature as to require the care of an attendant, the railroad may furnish to the shipper, or some person or persons designated by him, free transportation for such attendant, including return passage to the point at which the shipment originated; provided, there shall be no discrimination in reference thereto between such shippers, and the Commission shall have power to prescribe regulations in relation thereto.

      Sec. 9.  It shall be the duty of every railroad to provide and maintain adequate depots, and depot buildings at its regular stations for the accommodation of passengers, and said depot buildings shall be kept clean, well lighted and warm, for the comfort and accommodation of the traveling public. All railroads shall keep and maintain adequate and suitable freight depots, buildings, switches and sidetracks for the receiving, handling and delivering of freight transported or to be transported by such railroad; provided, that this shall not be construed as repealing any existing law on the subject.

      Sec. 10.  Every railroad shall, when within its power to do so, and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots. In case of insufficiency of cars at any time to meet all requirements, such cars as are available shall be distributed among the several applicants therefor in proportion to their respective immediate requirements without discrimination between shippers or competitive or non-competitive places; provided, preference may be given to shipments of live stock and perishable property.

      a. The Commission shall have the power to enforce reasonable regulations for furnishing cars to shippers, and switching the same, and for the loading and unloading thereof, and the weighing of the cars and freight offered for shipment over any line of railroad.

      Sec. 11.  All railroad companies as between themselves, and all interurban and electric railroads as between themselves and each other, shall afford all reasonable and proper facilities for the interchange of traffic between their respective lines for forwarding and delivering passengers and property, and shall transfer and deliver without unreasonable delay or discrimination any freight or cars, loaded or empty, or any passengers destined to any point on its own or any connecting lines; provided, that precedence over other freight may be given to live stock and perishable freight.

      a. The Commission shall have control over private tracks in so far as the same are used by common carriers, in connection with any railroad for the transportation of freight, in all respects the same as though such tracks were a part of the track of said railroad.

in all respects the same as though such tracks were a part of the track of said railroad.

      Sec. 12.  Upon complaint of any person, firm, corporation or association, or of any mercantile, agricultural or manufacturing society, or of any body politic or municipal organization, that any of the rates, charges or classifications, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation or practice whatsoever affecting the transportation of persons or property, or any service in connection therewith, are in any respect unreasonable or unjustly discriminatory, or that any service is inadequate, the Commission may notify the railroad complained of that complaint has been made, and ten days after such notice has been given the Commission may proceed to investigate the same as hereinafter provided, but before proceeding to make such investigation the Commission shall give the railroad and the complainants ten days notice of the time and place when and where such matters will be considered and determined, and said parties shall be entitled to be heard and shall have process to enforce the attendance of witnesses. If upon such investigation the rate or rates, or any regulation, practice or service complained of shall be found to be unreasonable or unjustly discriminatory, or the service shall be found to be inadequate, the Commission shall have power to fix and order substituted therefor such rate or rates, fares, charges or classifications, as it shall have determined to be just and reasonable and which shall be charged, imposed and followed in the future, and shall also have power to make such orders respecting such regulation, practice or service, as it shall have determined to be reasonable and which shall be observed and followed in the future.

      a. The Commission may, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately, and at such times as it may prescribe. No complaint shall of necessity at any time be dismissed because of the absence of direct damage to the complainant.

      b. Whenever the commission shall believe that any rate or rates or charge or charges may be unreasonable or unjustly discriminatory, and that investigation relating thereto should be made, it may, upon its own motion, investigate the same. Before making such investigation it shall present to the railroad a statement in writing, setting forth the rate or charge to be investigated. Thereafter, on ten days notice to the railroad of the time and place of such investigation, the Commission may proceed to investigate such rate or charge in the same manner and make like orders in respect thereto as if such investigation had been made upon complaint.

      c. This section shall be construed to permit any railroad to make complaint with like effect as though made by any person, firm, corporation or association, mercantile, agricultural or manufacturing society, body politic or municipal organization.

To investigate all complaints.

Railroads and complainants to have ten days notice.

Commission may order separate hearings.

May take the initiative.

Section construed.

Powers of Commission.

Witnesses to receive fees and mileage.

Proviso.

Depositions.

Complete records to be kept.

Certified copy to be received in evidence.

tural or manufacturing society, body politic or municipal organization.

      Sec. 13.  Each of the Commissioners, for the purposes mentioned in this Act, shall have power to administer oaths, certify to official acts, issue subpenas, compel the attendance of witnesses, and the production of papers, way-bills, books, accounts, documents and testimony. In case of disobedience on the part of any person or persons to comply with any order of the Commission or any Commissioner or any subpena, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the District Court of any county, or a Judge thereof, on application of a Commissioner, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpena issued from such court, or a refusal to testify therein, and in addition said Commission shall have the powers vested in Justices of the Peace to compel witnesses to testify and to produce books and papers.

      a. Each witness who shall appear before the Commission by its order shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall be audited and paid by the State in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers, sworn to by such witnesses and approved by the Chairman of the Commission; provided, that no witness subpenaed at the instance of parties other than the Commission shall be entitled to compensation from the State for attendance or travel unless the Commission shall certify that his testimony was material to the matter investigated.

      b. The Commission or any party may in the investigation cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in District Courts.

      c. A full and complete record shall be kept of all proceedings had before the Commission or any investigation had under Section 12 of this Act, and all testimony shall be taken down by the stenographer appointed by the Commission. Whenever any complaint is served upon the Commission under the provisions of Section 16 of this Act the Commission shall, before said action is reached for trial, cause a certified transcript of all proceedings had and testimony taken upon such investigation to be filed with the Clerk of the District Court of the county where the action is pending. A transcribed copy of the evidence and proceedings, or any specific part thereof, on any investigation, taken by the stenographer appointed by the Commission, being certified by such stenographer to be a true and correct transcript in longhand of all the testimony on the investigation, or of a particular witness, or of other specific part thereof, carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such reporter were present and testified to the facts so certified.

compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such reporter were present and testified to the facts so certified. A copy of such transcript shall be furnished on demand, free of cost, to any party to such investigation; and to all other persons, a copy, on payment of a reasonable amount therefor, to be fixed by the Commission.

      Sec. 14.  Whenever, upon an investigation made under the provisions of this Act, the Commissioner shall find any existing rate or rates, fares, charges or classification, or any joint rate or rates or any regulation or practice whatsoever affecting the transportation of persons or property, or any service in connection therewith, are unreasonable or unjustly discriminatory, or any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification or a joint rate to be imposed, observed and followed in future, in lieu of that found to be unreasonable or unjustly discriminatory, and it shall determine and by order fix a reasonable regulation, practice or service to be imposed, observed and followed in the future, in lieu of that found to be unreasonable or unjustly discriminatory or inadequate, as the case may be, and it shall cause a certified copy of each such order to be delivered to an officer or station agent of the railroad affected thereby, which order shall of its own force take effect and become operative thirty days after the service thereof. All railroads to which the order applies shall make such changes on their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any railroad in any such rates, fares, or charges, or in any joint rate or rates, without the approval of the Commission. Certified copies of all other orders of the Commission shall be delivered to the railroads affected thereby in like manner, and the same shall take effect within such time thereafter as the Commission shall prescribe.

      a. The Commission may at any time, upon application of any person or any railroad and upon notice to the parties in interest and after opportunity to be heard as provided in Section 12, rescind, alter or amend any order fixing any rate or rates, charges or classification, or any other order made by the Commission, and certified copies of the same shall be served and take effect as herein provided for original orders, but nothing herein contained shall be construed as allowing the Commission to increase the maximum rates fixed by this Act.

      Sec. 15.  All rates, fares, charges, classifications and joint rates fixed by the Commission shall be in force, and shall be prima facie lawful, for a period of one year from the date the same takes effect, and until changed or modified by the Commission, or in pursuance of Section 16 of this Act. All regulations, practices and service prescribed by the Commission shall be in force and shall be prima facie reasonable, unless suspended or found otherwise in an action brought for that purpose, pursuant to the provisions of Section 16 of this Act, or until changed or modified by the Commission as provided for in paragraph a, Section 14, of this Act.

Certified copy to be received in evidence.

Commission to fix reasonable rates.

Commission may rescind or alter its own orders.

Rates in force for one year.

Railroad may commence legal action within ninety days.

Actions to have precedence.

No injunction issued without notice to Commission.

Commission to have notice of new evidence.

tions, practices and service prescribed by the Commission shall be in force and shall be prima facie reasonable, unless suspended or found otherwise in an action brought for that purpose, pursuant to the provisions of Section 16 of this Act, or until changed or modified by the Commission as provided for in paragraph a, Section 14, of this Act.

      Sec. 16.  Any railroad or other party in interest being dissatisfied with any order of the Commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may, within ninety (90) days, commence an action in the District Court of the proper county, against the Commission as defendant to vacate and set aside any such order on the ground that the rate or rates, fares, charges, classifications, joint rate or rates, fixed in such order is unlawful or unreasonable, or that any such regulation, practice or service, fixed in such order is unreasonable, in which action the adverse parties shall be served with a summons and copy of the complaint. The Commission shall file its answer, and on leave of court, any interested party may file the answer to said complaint within thirty (30) days, after the service thereof, whereupon said action shall be at issue and stand ready for trial upon twenty (20) days notice by either party. All actions brought under this section shall have precedence over any civil cause of a different nature pending in such court, and the court shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions; any party to such action may introduce original evidence in addition to the transcript of the evidence offered to said Commission.

      a. No injunction shall issue suspending or staying any order of the Commission except upon application to the court or Judge thereof, notice to the Commission having been first given and hearing having been had thereon; provided, that all rates fixed by the Commission shall be deemed reasonable and just, and shall remain in full force and effect until final determination by the courts, upon appeal.

      b. If, upon the trial of such action, evidence shall be introduced by the plaintiff which is found by the Court to be different from that offered upon the hearing before the Commission, or additional thereto, the Court before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the Commission, and shall stay further proceedings in said action for fifteen (15) days from the date of such transmission. Upon receipt of such evidence the Commission shall consider the same, and may alter, modify, amend or rescind its order relating to such rate or rates, fares, charges, classifications, joint rate or rates, regulation, practice or service complained of in said action, and shall report its action thereon to said court within ten days from the receipt of such evidence.

thereon to said court within ten days from the receipt of such evidence.

      c. If the Commission shall rescind its order complained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon, as though made by the Commission in the first instance. If the original order shall not be rescinded or changed by the Commission, judgment shall be rendered upon such original order.

      d. Either party to said action within sixty (60) days after service of a copy of the order or judgment of the court may appeal or take the case up on error as in other civil actions. Where an appeal is taken the cause shall, on the return of the papers to the higher court, be immediately placed on the calendar of the then pending term, and shall be assigned and brought to a hearing in the same manner as other causes on the calendar.

      e. In all actions under this section the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that the order of the Commission complained of is unlawful, or unreasonable, as the case may be.

      Sec. 17.  In all actions and proceedings in court arising under this Act all processes shall be served, and the practice and rules of evidence shall be the same as in civil actions, except as otherwise herein provided. Every Sheriff or other officer empowered to execute civil processes shall execute any process issued under the provisions of this Act, and shall receive such compensation therefor as may be prescribed by law for similar services.

      a. No person shall be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any violation of the provisions of this Act, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter or thing concerning which he may have testified or produced any documentary evidence; provided, that no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying.

      b. Upon application of any person the Commission shall furnish certified copies, under the seal of the Commission, of any order made by it, which shall be prima facie evidence in any court or proceeding of the facts stated therein.

      Sec. 18.  The Commission shall have the authority to inquire into the management of the business of all railroads, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from any railroad all necessary information to enable the Commission to perform the duties and carry out the objects for which it was created.

Judgments, how rendered.

Appeals.

Burden of proof upon plaintiff.

Same practice as in civil actions.

No person excused from testifying.

Proviso.

Certified copies prima facie evidence.

Authority of Commission.

Blanks.

Perjury, when.

Right of inspection

Proviso.

Orders and subpenas.

Penalties.

Railroads to submit copies of contracts.

obtain from any railroad all necessary information to enable the Commission to perform the duties and carry out the objects for which it was created.

      a. The Commission shall cause to be prepared suitable blanks for the purposes designated in this Act, which shall conform as nearly as practicable to the forms prescribed by the Interstate Commerce Commission, and shall, when necessary, furnish such blanks to each railroad. Any railroad receiving from the Commission any such blanks, shall cause the same to be properly filled out so as to answer fully and correctly each question therein propounded, and in case it is unable to answer any question it shall give a good and sufficient reason for such failure, and said answer shall be verified under oath by the proper officer of said railroad and returned to the Commission at its offices within the time fixed by the Commission; the making of a false affidavit or filing of the same shall be deemed perjury and punishable as such under the statutes of Nevada defining perjury.

      b. The Commission, or any Commissioner, or any person or persons employed by the Commission for that purpose, shall, upon demand, have the right to inspect the books and papers of any railroad and to examine under oath any officer, agent or employee of such railroad in relation to any matter which is the subject of complaint and investigation; provided, that any person other than the one of the said Commissioners who shall make such demand shall produce his authority to make such inspection under the hand of a Commissioner, or of the Secretary and under the seal of said Commission.

      c. The Commission may require by order or subpena, and to be served on any railroad, in the same manner that a summons is served in a civil action in a District Court, the production within this State, at such time and place as it may designate, of any books, papers or accounts relating to any matter which is the subject of complaint or investigation kept by said railroad in any office or place without the State of Nevada, or verified copies in lieu thereof, if the Commission shall so order, in order that an examination thereof may be made by the Commission or under its direction, and such subpena may issue to any Sheriff in any county of the State. Any railroad failing or refusing to comply with any such order or subpena within a reasonable time shall, for each day it shall so fail or refuse, forfeit and pay into the State Treasury a sum of not less than one hundred dollars nor more than one thousand dollars, to be recovered in a civil action brought in the name of the Railroad Commission of Nevada.

      Sec. 19.  Every railroad whenever required by the Commission shall, within a time to be fixed by the Commission, deliver to the Commission for its use copies of all contracts which relate to the transportation of persons or property, or any service in connection therewith made or entered into by it with any other railroad company, terminal company, depot company, car company, equipment company, express or other transportation company, bridge company or any shipper or shippers, producers or consumers or other persons doing business with it.

company, car company, equipment company, express or other transportation company, bridge company or any shipper or shippers, producers or consumers or other persons doing business with it.

      a. Every railroad shall, on the first Monday in January of each year, and oftener if required by the Commission, file with the Commission a verified list of all railroad tickets, passes and mileage books issued free or for other than actual bona fide money consideration at full established rates during the preceding year, together with the names of the recipients thereof, the amount received therefor and the reason for issuing the same. This provision shall not apply to the sale of tickets at reduced rates open to the public, nor to tickets, passes or mileage books issued to persons not residents of this State, nor to tickets, passes or mileage books issued prior to the passage of this Act.

      Sec. 20.  Every railroad company incorporated or doing business in this State, or which shall hereafter become incorporated or do business in this State shall, on or before the 15th day of September, 1907, and on or before the same day of each year thereafter, make and transmit to the Commission in its office in Nevada a full and true statement, under oath of the proper officer of such corporation, of the affairs of such corporation relative to the State of Nevada, for the year ending on the 30th day of June preceding, which statement for the State of Nevada shall be similar in character and detail to the annual report required to be made by railroad companies to the Interstate Commerce Commission, and such other and further information as may be required by the Commission.

      Sec. 21.  The Commission shall have power, and on complaint of any person it is hereby made its duty, to investigate all or any freight rates or interstate traffic on railroads in this State, and when the same are, in the opinion of the Commission, excessive or discriminatory, or are levied or laid in violation of the Interstate Commerce Law, or in conflict with the rulings, orders or regulations of the Interstate Commerce Commission, the Commission shall present the facts to the railroad, with a request to make such changes as the Commission may advise, and if such changes are not made within a reasonable time, the Commission shall apply by petition to the Interstate Commerce Commission for relief. All freight tariffs issued by any such railroad relating to interstate traffic in this State shall be filed in the office of the Commission within thirty days after the passage of this Act, and all such tariffs thereafter issued shall be filed with the Commission when issued.

      Sec. 22.  If any railroad, or any agent or officer thereof, shall directly or indirectly, by any special rate, rebate, drawback, or by means of false billing, false classification, false weighing, or by any other device whatsoever, charge, demand, collect or receive from any person, firm or corporation a greater or less compensation for any service rendered or to be rendered by it for the transportation of persons or property or for any service in connection therewith than that prescribed in the published tariffs then in force, or established as provided herein, or than it charges, demands, collects or receives from any other person, firm, or corporation for a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such railroads shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful, and upon conviction thereof shall forfeit and pay into the State Treasury not less than one hundred dollars nor more than five thousand dollars for such offense; and any agent or officer so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense.

Railroads to report annually concerning passes, etc.

Full reports of Nevada business.

Commission to cooperate with Interstate Commerce Commission.

Penalties for railroads for discriminatory charges.

Penalties for railroads for discriminatory charges.

Certain prohibitions.

Discrimination prohibited.

Acceptance of rebates, etc., prohibited.

Penalty.

collect or receive from any person, firm or corporation a greater or less compensation for any service rendered or to be rendered by it for the transportation of persons or property or for any service in connection therewith than that prescribed in the published tariffs then in force, or established as provided herein, or than it charges, demands, collects or receives from any other person, firm, or corporation for a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such railroads shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful, and upon conviction thereof shall forfeit and pay into the State Treasury not less than one hundred dollars nor more than five thousand dollars for such offense; and any agent or officer so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense.

      a. It shall be unlawful for any railroad to demand, charge, collect or receive from any person, firm or corporation, a less compensation for the transportation of property or for any service rendered or to be rendered by said railroad in consideration of said person, firm or corporation furnishing any part of the facilities incident thereto; provided, nothing herein shall be construed as prohibiting any railroad from procuring any facilities or service incident to transportation and paying a reasonable compensation therefor.

      Sec. 23.  That it shall be unlawful for any common carrier subject to the provisions of this Act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

      Sec. 24.  It shall be unlawful for any person, firm, or corporation knowingly to accept or receive any rebate, concession or discrimination in respect to transportation of any property wholly within this State, or for any service in connection therewith, whereby any such property shall by false billing, false classification, false weighing, or any other device whatsoever be transported at a less rate than that named in the published tariffs in force as provided herein, or whereby any service or advantage is received other than is herein specified. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense.

      Sec. 25.  It shall be unlawful for any person, firm or corporation engaged in business as a common carrier to give or furnish to any State, district, county or municipal officer of this State any pass or free transportation, and it shall be unlawful for any officer, State, district, county or municipal, in this State to accept, receive or use any such pass or free transportation.

poration engaged in business as a common carrier to give or furnish to any State, district, county or municipal officer of this State any pass or free transportation, and it shall be unlawful for any officer, State, district, county or municipal, in this State to accept, receive or use any such pass or free transportation. Any firm, person, or corporation, or the agent thereof, or any officer violating the provisions of this section shall upon conviction thereof be fined any sum not less than one hundred dollars nor more than five hundred dollars, or confined in the county jail for a period of not less than one nor more than six months, and his office shall ipso facto become vacant.

      Sec. 26.  If any railroad shall do or cause to be done or permit to be done any matter, act or thing in this Act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by it, such railroad shall be liable to the person, firm or corporation injured thereby in treble the amount of damages sustained in consequence of such violation; provided, that any recovery as in this section provided shall in no manner affect the recovery by the State of the penalty prescribed for such violation.

      Sec. 27.  Any officer, agent or employee of any railroad who shall wilfully fail or refuse to fill out and return any blanks as required by this Act, or shall wilfully fail or refuse to answer any questions therein propounded, or shall knowingly or wilfully give a false answer to any such questions, or shall evade the answer to any such question, where the fact inquired of is within his knowledge, or who shall, upon proper demand, wilfully fail or refuse to exhibit to any Commissioner or any Commissioners, or any person authorized to examine the same, any book, paper or account of such rail road, which is in his possession or under his control, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars for each such offense, and a penalty of not less than five hundred dollars nor more than one thousand dollars shall be recovered from the railroad for each such offense when such officer, agent, or employee acted in obedience to the direction, instructions or request of such railroad or any general officer thereof.

      Sec. 28.  If any railroad shall violate any provision of this Act, or shall do any act herein prohibited, or shall fail, or refuse to perform any duty enjoined upon it, or upon failure of any railroad to place in operation any rate or joint rate, or do any other act herein prohibited, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the Commission or any court (upon its application), for every such violation, failure or refusal, such railroad or railroads shall forfeit and pay into the State Treasury a sum of not less than one hundred dollars nor more than ten thousand dollars for each offense.

Passes to public officers prohibited.

Penalty.

Treble damages.

Failure or evasion of railroad employees punished.

Penalty for all acts of omission or commission.

Commission may regulate all practices.

Commission to be immediately notified of fatal accidents.

Investigation.

Attorney-General and prosecuting attorneys to assist Commission.

less than one hundred dollars nor more than ten thousand dollars for each offense. In construing and enforcing the provisions of this section, the act, omission or failure of any officer, agent, or other person acting for or employed by any railroad, acting within the scope of his employment shall in every case be deemed to be the act, omission or failure of such railroad.

      Sec. 29.  Whenever, after hearing an investigation as provided by this Act, the Commission shall find that any charge, regulation, or practice affecting the transportation of passengers or property, or any service in connection therewith, not herein before specifically designated, is unreasonable or unjustly discriminatory, it shall have the power to regulate the same as provided in Sections 12 and 14 of this Act.

      Sec. 30.  Every railroad shall, whenever an accident attendant with loss of human life occurs within this State, upon its line of road or on its depot grounds or yards, give immediate notice thereof to the Commission. In the event of any such accident, the Commission, if it deem the public interest requires it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless, for greater convenience of those concerned, it shall order such investigation to be held at some other place, and said investigation may be adjourned from place to place as may be found necessary and convenient. The Commission shall seasonably notify an officer or station agent of the company of the time and place of the investigation. The cost of such investigation shall be certified by the Chairman of the Commission, and the same shall be audited and paid by the State in the same manner as other expenses are audited and paid and a record or file of said proceedings and evidence shall be kept by said Commission.

      Sec. 31.  The Commission shall inquire into any neglect or violation of the laws of this State by any such railroad corporation hereinbefore defined doing business therein, or by the officers, agents or employees thereof, or by any person operating a railroad, and shall have the power and it shall be its duty to enforce the provisions of this Act as well as all other laws relating to railroads and report all violations thereof to the Attorney-General; upon request of the Commission it shall be the duty of the Attorney-General or the prosecuting attorney of the proper, or any county, to aid in any investigation, prosecution, hearing or trial had under the provisions of this Act, and to institute and prosecute all necessary actions or proceedings for the enforcement of this Act and all other laws of this State relating to railroads and for the punishment of all violations thereof. Any forfeiture or penalty herein provided shall be recovered and suit thereon shall be brought in the name of the State of Nevada in the District Court of any county having jurisdiction of the defendant. The Attorney-General of Nevada shall be the counsel in any proceeding, investigation, hearing or trial prosecuted or defended by the Commission or any prosecuting attorney selected by said Commission, or other special counsel furnished said Commission, in any county where such action is pending.

counsel in any proceeding, investigation, hearing or trial prosecuted or defended by the Commission or any prosecuting attorney selected by said Commission, or other special counsel furnished said Commission, in any county where such action is pending.

      Sec. 32.  All claims against any railroad for loss of or damage to property from any cause, or for overcharge upon any shipments, or for any other service, if not acted upon within ninety days from the date of the filing of such claim with the railroad, may be investigated by the Commission in its discretion, and the result of such investigation shall be embodied in a special report which shall be open to public inspection and may be included in the next annual report of the Commission.

      Sec. 33.  A substantial compliance with the requirements of this Act shall be sufficient to give effect to all rules, orders, acts and regulations of the Commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto.

      Sec. 34.  This Act shall not have the effect to release or waive any right of action by the State or by any person for any right, penalty, or forfeiture which may have arisen or which may hereafter arise under any law of this State; and all penalties and forfeitures accruing under this Act shall be cumulative and a suit for, and recovery of one, shall not be a bar to the recovery of any other penalty.

      Sec. 35.  In addition to all the other remedies provided by this Act for the prevention and punishment of any and all violations as to the provisions hereof and all orders of the Commission, the Commission can compel compliance with the provisions of this Act and of the orders of the Commission by proceedings in mandamus, injunction or by other civil remedies.

      Sec. 36.  Every railroad in this State shall, within sixty days after the passage of this Act, file in the office of the Commission copies of all schedules of rates, including joint rates in force on its line or lines, between points within this State on the date this act takes effect.

      Sec. 37.  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. 38.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

All claims for damages may be investigated by Commission.

Technicalities ignored

This Act not to affect any suits at law.

Commission may use any legal civil remedy.

Railroad shall file schedules.

Act construed.

Repeal.

Clerk for Governor.

For Secretary of State.

For State Treasurer.

Duties of Controller and Treasurer.

In effect.

Chap. XLV.–An Act authorizing the Governor, Secretary of State and State Treasurer to employ Clerks and Typists, and fixing their compensation.

[Approved March 6, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Governor of the State of Nevada is hereby authorized to employ a Clerk, whose compensation shall be twelve hundred dollars per annum.

      Sec. 2.  The Secretary of State is hereby authorized to employ a Clerk, whose compensation shall be two thousand dollars per annum, and two Typists, whose compensation shall be twelve hundred dollars per annum each.

      Sec. 3.  The State Treasurer is hereby authorized to employ a Clerk, whose compensation shall be twelve hundred dollars per annum.

      Sec. 4.  The Controller shall at the end of each month draw his warrant upon the State Treasury in favor of such Clerks and Typists for the amount of compensation due, and the State Treasurer shall pay the same out of any money in the State Treasury not otherwise specifically appropriated.

      Sec. 5.  This Act shall take effect immediately upon its approval.

Fixing labor rates on public roads in Ormsby County.

Commissioners to allow claims.

Chap. XLVI.–An Act fixing the rates of compensation for work and labor performed on the public roads and highways of Ormsby County.

[Approved March 6, 1907.]

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

Assembly, do enact as follows:

      Section 1.  From and after the approval of this Act all work upon the public roads and highways of Ormsby County, performed under and by virtue of the authority and direction of the Board of County Commissioners of said county, shall be paid for at the following rates, namely: For the personal services of each man employed, three ($3) dollars per day; for the services of one man and one horse or mule, with harness, wagon or other necessary appliance for working, four ($4) dollars per day; and for each additional horse or mule properly equipped for working, one ($1) dollar per day, the day herein mentioned to be eight hours of actual labor.

      Sec. 2.  The Board of County Commissioners of said county is hereby directed to allow all claims, otherwise just, for the work specified in section one, at the rates therein prescribed; the County Auditor is directed to draw his warrants upon such allowance, and the County Treasurer is directed to pay the same.

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

Repeal.

Chap. XLVII.–An Act to authorize the School Trustees of Elko School District No. 1, in Elko County, State of Nevada, to issue bonds for the purpose of building a new school house or providing additional school room for said school district.

[Approved March 6, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of Trustees of Elko School District No. 1, in Elko County, State of Nevada, are hereby authorized, under the provisions of this Act, to issue bonds bearing interest not to exceed six (6) per cent per annum for a sum not to exceed twenty thousand dollars in United States gold coin, none of which bonds shall run for a period longer than twenty (20) years from the date thereof.

      Sec. 2.  Said bonds shall be issued for sums not less than one hundred dollars each in gold coin, and shall be sold at not less than par value, and shall be payable to bearer, and the interest thereon shall be payable annually, and coupons of each installment of such interest shall be attached to each of said bonds.

      Sec. 3.  The Board of Trustees of said school district are hereby authorized, when in their judgment they deem it advisable, to purchase suitable grounds, to build a new school house, or one or more school rooms for said district in addition to those now in use, to call an election for the purpose of providing means therefor. Such election shall be called in the manner provided by law for calling elections for the purpose of raising money for similar purposes in school districts, and if a majority of the votes cast at said election in said district by the persons qualified to vote at said election, shall vote to carry out the recommendations of said Board of Trustees, then the said Board shall proceed to issue the bonds herein provided for in this Act, but before doing so said Board of Trustees shall certify the result of said election to the Board of County Commissioners of said county.

      Sec. 4.  Should the majority of the votes cast at said election be in favor of improving and adding to the present school building in said district instead of building a new school house, then, and in that event, the said Board of Trustees are hereby authorized to issue bonds bearing interest not to exceed six (6) per cent per annum for a sum not to exceed five thousand ($5,000) dollars in United States gold coin, none of which said bonds shall run for a period longer than five years from the date thereof, and to be issued as provided for in Section 2 of this Act.

School bonds in Elko County.

Description.

Election.

Bonds.

Rate of Interest.

How signed.

School District No. 1 Building Fund.

Special tax for interest.

Special tax for redemption of bonds.

Excess transferred to School Fund.

      Sec. 5.  The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees and countersigned by the County Treasurer of said Elko County, State of Nevada.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid into the county treasury, and the County Treasurer is hereby required to receive, and safely keep the same in a fund to be known as the School District No. 1 Building Fund, and to pay out the money only on warrants signed by the Chairman and Clerk of said Board of Trustees, and duly allowed by the Board of County Commissioners of said Elko County. The County Treasurer shall be liable, on his official bond, for the safe keeping of said moneys which shall come into his hand, and for the faithful discharge of his duties in relation thereto.

      Sec. 7.  For the purpose of providing for the payment of the interest upon said bonds the Board of County Commissioners of said Elko County are hereby authorized and required at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and seven and annually thereafter, to levy upon the property of said school district such a tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds, as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes; shall be paid into the county treasury and kept by the Treasurer in a fund to be known as the School District No.1 Interest Fund, and the money in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same becomes due, upon presentation and surrender by the holder of the coupon therefor.

      Sec. 8.  To provide for the payment of the bonds herein authorized to be issued, the said Board of County Commissioners shall, in the year 1907 and annually thereafter, levy a special and additional tax upon all the property situated within said School District No. 1, sufficient in their judgment to raise the sum of one thousand dollars each year, which shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him assigned to the General Fund of said county. At the maturity of said bonds, they shall be paid by the County Treasurer out of the General Fund of the county, upon the presentation and surrender of said bonds. If the tax, so as aforesaid levied, for the redemption of said bonds, shall exceed the sum of one thousand dollars a year, whenever the aggregate amount of money so collected shall equal the full sum necessary to redeem said bonds the tax hereby authorized for such purpose shall cease, and should there be any excess over and above the amount required to carry out the provisions of this Act, the amount of such excess shall be transferred to the School Fund of said district.

Fund of said district. Should the amount of said tax realized be less than the amount necessary for the redemption of said bonds, they shall, nevertheless, be redeemed and paid out of said General Fund, as herein provided, and a special tax shall be levied by the County Commissioners, upon the property within said school district for the year in which the last bond shall fall due, sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the usual manner, and paid into the General Fund of said county.

Chap. XLVIII.–An Act to authorize the Board of School Trustees of School District Number Four, in the Town of Fallon, Churchill County, State of Nevada, to issue bonds for the purpose of building a school house in said district.

[Approved March 6, 1907.]

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

Assembly, do enact as follows:

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

      “For the issuance of bonds-Yes.”

      “For the issuance of bonds-No.”

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

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

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

Question of issuing bonds to be submitted to popular vote in Fallon, Churchill County.

Denomination of bonds.

Interest.

Trustees to negotiate sale of bonds.

When redeemed.

“Churchill County School District Number Four Fund.”

County Commissioners to levy additional tax.

Bonds, where payable.

Residue to revert.

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

      Sec. 4.  On the first Monday in January, 1909, and annually thereafter, one of said bonds, together with the interest thereon, shall be paid and redeemed by the Treasurer of Churchill County. The payment and redemption of said bonds shall be in the order of their issuance, the lowest numbered bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this Act shall have been paid and redeemed. Coupons shall be paid annually, and in no case shall any of said bonds run for a longer period than twenty years.

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

      Sec. 6.  For the purpose of creating a fund for the payment of the bonds authorized by this Act and the interest thereon the Board of County Commissioners of Churchill County are hereby authorized and required at the time of the annual levy of taxes for State and county purposes for the year 1908, and annually thereafter, to levy a sufficient tax on all property, both real and personal, within the boundaries of said School District Number 4 to redeem one of said bonds each year, and the payment each year of the accumulated interest on all of the bonds authorized by this Act. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund which is hereby created, to be known as the “Churchill County School District Number Four Fund.”

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

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

County Commissioners shall order the money so remaining to be transferred from the Churchill County School District Number Four Fund to the Churchill County School District Number Four General Fund.

      Sec. 9.  The Board of School Trustees of School District Number Four are hereby prohibited from expending more than ten thousand dollars for the erection of a suitable school building for said district.

Cost of school building limited.

Chap. XLIX.–An Act to amend an Act entitled “An Act to provide policemen in unincorporated cities, towns and villages,” approved March 11, 1865.

[Approved March 11, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of County Commissioners of the various counties of the State of Nevada are hereby empowered to levy and collect a tax of not exceeding one-half of one per cent upon the assessed value of property within any unincorporated city, town, or village, for the benefit of the police department of such city, town or village.

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

      Section 9.  The Board of County Commissioners of any county are hereby empowered and required to appoint policemen, not exceeding two in number, in any unincorporated city, town, or village, and to fix their compensation, not exceeding one hundred and fifty dollars per month; and said Board of County Commissioners may, at any time, remove such policemen and appoint others in their place, whenever they shall deem it necessary for the public good. Such policemen shall serve within the limits of such unincorporated cities, towns and villages; and said Board of County Commissioners shall have power to appoint such other special policemen as, in their judgment, the public safety may require, whose compensation shall not exceed four ($4) dollars per day, or per night, as the case may be, and who shall continue to serve only during the pleasure of said Board of County Commissioners. Such policemen and special policemen shall, within the limits of such unincorporated cities, towns and villages, be invested with all the powers of making arrests which are now exercised, or which may be hereafter exercised by the peace officers according to the laws of this State, and within the limits of any unincorporated cities, towns and villages, as aforesaid; and any such policeman or peace officer may, on any day, and without a warrant, and at any time of the day or night, arrest a person or persons.

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

Tax for police protection.

County Commissioners may appoint policemen.

Policemen to be appointed only upon petition of property holders.

Same.

      Section 10.  The provisions of this Act shall not be enforced, or have effect, in any city, town or village, within this State unless a majority of the property holders of such city, town or village aforesaid, shall petition to the Board of County Commissioners of the county wherein such city, town, or village is situated, setting forth the following facts:

      1.  That said petition contains the names of the majority of the property holders of such city, town or village, as the case may be.

      2.  That they request the appointment of such policemen and the levying of a tax of one-half of one per cent as a compensation therefor as herein provided.

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

      Section 11.  Upon the presentation of a petition, in compliance with the provisions of Section 10 of this Act, it shall be the duty of the Board of County Commissioners, in which county such city, town, or village is situated, to levy said taxes aforesaid, and to make the appointment of one or more policemen, in accordance with the request of such petition.

Salaries of Esmeralda County officers.

Sheriff.

Clerk.

Chap. L–An Act pertaining to compensation of county officers in Esmeralda County, in the State of Nevada, and repealing all Acts or parts of Acts in conflict therewith.

[Approved March 11, 1907.]

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

Assembly, do enact as follows:

      Section 1.  From and after the passage of this Act the county officers of Esmeralda County, named in this Act, shall receive the following salaries, fees and commissions for their services, and none other. The Sheriff and ex officio Assessor shall receive $4,000 per annum, and all fees in civil cases, and such fees and commissions as are now allowed by law for the collection of all licenses, bullion taxes, and poll taxes. The Sheriff and ex officio Assessor shall be allowed one Deputy Sheriff, to be appointed by him, at a salary of $2,400 per annum. He shall also appoint one Deputy Assessor, who shall receive a salary of $1,800 per annum. He shall also appoint as many Deputy Sheriffs as he may think necessary, but the County Commissioners of Esmeralda County shall fix the number and the compensation of the deputies who are to be paid by Esmeralda County.

      The County Clerk and ex officio County Treasurer shall receive the sum of $3,600 per annum. He shall appoint one deputy, who shall receive $1,800 per annum, and such other office clerks as the Board of County Commissioners of said county shall allow him.

      The County Recorder and Auditor shall receive $900 per annum as Auditor, and as Recorder he shall receive such fees as are now allowed by Section 4 of an Act entitled “An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto,” approved February 27, 1883.

      The District Attorney and ex officio Superintendent of Public Schools shall receive $3,000 per annum, and such fees and commissions as are now allowed by law.

      The County Commissioners shall receive $900 per annum and mileage at the rate of twenty cents per mile in going and coming to the county seat when attending a session of the Board.

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

Recorder.

District Attorney.

Commissioners.

Repeal.

Chap. LI.–An Act fixing the salary of the Superintendent and Matron of the State Orphans’ Home.

[Approved March 11, 1907.]

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

Assembly, do enact as follows:

      Section 1.  From and after the first day of April, nineteen hundred and seven, the salary of the Superintendent and Matron of the State Orphans’ Home shall be two thousand four hundred dollars ($2,400) per annum for the services of both.

Salary of Superintendent and Matron increased.

Chap. LII.–An Act to provide for the appointment of Official Reporters for the District Courts, their duties, qualifications and compensation, and to repeal all former Acts in relation thereto.

[Approved March 12, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Judge or Judges of any District Court in the State may appoint a competent phonographic reporter, or as many such reporters as there are Judges, to be known as Official Reporter or Reporters of such court, and to hold office during the pleasure of the Judge or Judges appointing them. Such reporter, or any one of them, where there are two or more, must, at the request of either party, or of the Court in a civil action or proceeding, and on the order of the Court, the District Attorney or the attorney for the defendant in a criminal action or proceeding, take down in shorthand all the testimony, the objections made, the rulings of the Court, the exceptions taken, all arraignments, plea and sentences of defendants in criminal cases, and all statements and remarks made and oral instructions given by the Judge; and if directed by the Court, or requested by either party, must, within such reasonable time after the trial of such case as the Court may designate, write out the same, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine, and certify to the same as being correctly reported and transcribed, and when directed by the Court file the same with the Clerk of the Court.

Official Reporters for District Courts.

Duties.

Qualifications.

To act personally.

Oath of office.

Reporter’s transcript prima facie evidence.

if directed by the Court, or requested by either party, must, within such reasonable time after the trial of such case as the Court may designate, write out the same, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine, and certify to the same as being correctly reported and transcribed, and when directed by the Court file the same with the Clerk of the Court.

      Sec. 2.  No person shall be appointed to the position of Official Reporter of any court in this State except upon satisfactory evidence of good moral character and without being first examined as to his competency by at least three members of the bar practicing in said court, such members to be designated by the Judge or Judges of said court. The committee of members of the bar so designated shall, upon the request of the Judge or Judges of said court, examine any person as to his qualifications whom said Judge or Judges may wish to appoint as Official Reporter; and no person shall be appointed to such position upon whose qualifications such committee shall not have reported favorably. The test of competency before such committee shall be as follows: The party examined must write in the presence of such committee at the rate of at least one hundred and fifty words per minute, for five consecutive minutes, upon matter not previously written by or known to him, immediately read the same back to the committee, and transcribe the same into longhand writing, plainly and with accuracy. If he pass such test satisfactorily, the committee shall furnish him with a written certificate of that fact, signed by at least a majority of the members of the committee, which certificate shall be filed among the records of the court.

      Sec. 3.  The Official Reporter of any District Court shall attend to the duties of his office in person, except when excused for good and sufficient reason by order of the Court, which order shall be entered upon the minutes of the court. Employment in his professional capacity elsewhere shall not be deemed a good and sufficient reason for such excuse. When the Official Reporter of any court has been excused in the manner provided in this section, the Court may designate an Official Reporter pro tempore, who shall perform the same duties and receive the same compensation during the term of his employment as the Official Reporter.

      Sec. 4.  The Official Reporter of any court, or Official Reporter pro tempore, shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office.

      Sec. 5.  The report of the Official Reporter, or Official Reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of such testimony and proceedings.

      Sec. 6.  For his services the Official Reporter shall receive the following fees:

      For reporting testimony and proceedings, ten dollars per day, which amount, when more than one case is reported in one day, must be apportioned by the Court between the several cases.

      For transcription, he shall receive ten cents per hundred words for the first copy, and five cents per hundred words for each additional copy.

      In criminal cases, the fees for reporting and for transcripts ordered by the Court to be made must be paid out of the county treasury upon the order of the Court; provided, that when there is no Official Reporter in attendance, and a Reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the Court and paid in like manner.

      In civil cases the fees for reporting and for transcripts ordered by the Court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof; and in either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No Reporter must be required to perform any service in a civil case until his fees therefor have been paid to him or deposited with the Clerk of the Court.

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

      Sec. 8.  This Act shall take effect and be in force from and after its approval.

Compensation.

How paid.

Repeal.

In effect.

Chap. LIII.–An Act for the relief of the University of Nevada in regard to the appropriation for the years 1905 and 1906.

[Approved March 12, 1907.]

      Whereas, It became necessary on the part of the Board of Regents of the University of Nevada to exceed the sum of their appropriation for the years 1905 and 1906 by reason of an emergency which called for unexpected demands upon the appropriation for the last two years; and

      Whereas, This emergency required the Regents to put in new heating apparatus in Lincoln Hall and in Manzanita Hall, and to build a walk across the Valley to the Hatch Station, and to provide out of last year’s appropriation for wood and coal; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of five thousand eight hundred forty-two dollars and thirty-one cents ($5,842.31) is hereby appropriated out of any money in the State Treasury not otherwise appropriated in payment of the following claims:

Relief of University.

Appropriation for deficiencies.