mechanical appliances, in, along, over, under and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks or alleys.

      Twenty-sixth-To require every railway company to keep the streets in repair between the tracks, and along and within the distance of at least two feet upon each side of the tracks.

      Twenty-seventh-To require, upon such notice as the Council may direct, any noxious or offensive smell, filth or debris, to be abated, removed or otherwise destroyed, at the expense of the person or persons causing, committing or responsible therefor; and the Council, in like manner, may require or cause any lots or portions of lots, covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for.

      Twenty-eighth-To provide for and regulate the manner of weighing all food products and food stuffs, and hay, grain, straw and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city, and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance, provide a penalty for using of false weights or measures.

      Twenty-ninth-To restrain and punish vagrants, drunkards, disorderly persons, common prostitutes, mendicants, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, indecent and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms in the city; the lighting of fires in yards, streets, or alleys or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing, shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched or otherwise, in the city.

      Thirtieth-To regulate the use and sale of water, gas, electric and other lights in the city; to fix and determine the maximum price thereof as well as the maximum rental price of all water and gas and electric light meters in the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the maximum charges for telephone, telephone service and connections within the city.

Proviso.

Railways to repair streets.

To abate nuisances.

Weights and measures.

To punish drunkenness, prostitution, etc.

Firearms.

Fast driving.

Cruelty to animals.

To regulate water, light and telephone charges.

Lodging houses.

To protect public health, life comfort, and property.

To employ competent supervisor.

Salary.

Fine for violation of city laws.

Official bonds.

To maintain all suits at law.

tric and other lights in the city; to fix and determine the maximum price thereof as well as the maximum rental price of all water and gas and electric light meters in the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the maximum charges for telephone, telephone service and connections within the city.

      Thirty-first-To regulate lodging, tenement and apartment houses having four or more lodgers, to prevent the overcrowding of the same, and to require the same to be kept in a sanitary condition.

      Thirty-second-To adopt and enforce by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the Council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any, every and all other acts and things necessary for the execution of powers conferred or which may be necessary to fully carry out the intent, purposes and object thereof.

      Thirty-third-To select, appoint and employ an engineer, surveyor, architect or other skilled mechanic or person, from time to time, whenever in the judgment of the Council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined and fully defined by ordinance.

      Thirty-fourth-To prescribe fines, forfeitures and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.

      Thirty-fifth-To require of and prescribe the amount and conditions of official bonds from the members of the Council and all the officers of the city, whether elective or appointive.

      Thirty-sixth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay as assessed by the Council, his ratable proportion of the cost of paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits any such property or owner thereof.

      Thirty-seventh-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the collection and payment of all dues or demands of every nature and kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.

real and personal property of the city, and to enforce the collection and payment of all dues or demands of every nature and kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.

      Thirty-eighth-Any property, real or personal necessary or required for the public use of the city may be condemned and appropriated in the manner now prescribed by law, and all rights of eminent domain may be exercised by the city in relation thereto.

city clerk.

      Sec. 20.  There shall be a City Clerk who shall be ex officio Treasurer and Tax Receiver of the city. He shall be elected by the qualified electors of said city at each general city election. As City Clerk he shall have the custody of all books and records, the corporate seal and all documents not otherwise specially provided for. He shall be Clerk of the Council, attend all its meetings, whether regular or special, and record all its proceedings and shall audit all claims against the city. He shall record in a journal, all ordinances, by-laws, rules and resolutions passed or adopted by the Council, which journal, after approval of [at] each regular meeting, shall be signed by the Mayor, and attested under the hand of the Clerk. He shall countersign all licenses and permits issued to any officer for the use of the city and shall charge such officer with the same. He shall countersign all warrants drawn upon the Treasurer by the Mayor. He shall, when required, make and certify under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the Clerk, who shall report upon the same and all matters pertaining to his office, at least once each month or oftener as the Council may prescribe, which report shall be in writing under oath. The City Clerk shall receive for his services as such, as well as for services performed ex officio, such salary as may be prescribed by the Council, not exceeding six hundred dollars per annum; provided, that such salary, when fixed, shall not be changed so as to increase the same oftener than once every two years.

      Sec. 21.  As ex officio Treasurer of the city, the Clerk shall receive and safely keep all moneys that shall come to the city by taxation or otherwise, and pay the same out only on claims duly allowed by the Council, except the interest or principal of any municipal bonded indebtedness, and shall perform such other and further duties as may be required of him or prescribed by the Council.

To manage all city property.

Condemnation for public use.

City Clerk ex officio Treasurer and Tax Receiver.

To keep journal.

Countersign licenses.

Salary.

Proviso.

Duties as ex officio Treasurer.

Bond.

Offices may be segregated.

City Attorney

Compensation.

County Assessor ex officio City Assessor

Justices of the Peace ex officio Police Judges.

Bonds.

Proviso.

Certain trials without jury.

Fines.

prescribed by the Council. As Treasurer, the City Clerk shall before entering upon the duties of his office, execute a good and sufficient official bond with approved sureties, in such sum and conditioned as may be required by the Council. The City Clerk shall not be entitled to any additional compensation by reason of any services performed by him as ex officio Treasurer of the city; provided, the City Council may, in the exercise of its sound discretion, segregate the office of City Clerk from that of the Treasurer of the city, in which case the manner of selection or election of City Treasurer, salary and duties, shall be fully defined, fixed and determined by ordinance.

city attorney.

      Sec. 22.  A City Attorney may be elected by the Council, or an attorney may be employed by the Council without such election, from time to time, as the necessity of the business shall require. The person so selected or employed, as the case may be, shall perform such duties and receive such compensation as may be prescribed by the Council.

city assessor.

      Sec. 23.  The Assessor of Lyon County shall, in addition to the duties now imposed upon him by law, act as the Assessor of the city, and shall be ex officio City Assessor without further compensation. He shall perform such duties as may be prescribed by the Council.

judicial department.

      Sec. 24.  The Justices of the Peace in and for Mason Valley Township shall be ex officio Police Judges of said city; provided, that such Justices execute and file as ex officio Police Judges, such bonds as the ordinance may prescribe; and provided further, that nothing herein contained shall be so construed as to deny or abridge the power of the Council to elect as Police Judge of said city any competent person other than said Justices of the Peace. The Police Judge shall have the jurisdiction and powers in said city that are now provided by law for Justices of the Peace, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The Police Judge shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances. The practice and proceedings in said court shall conform as nearly as practicable to the practice and proceedings of the Justice Courts in similar cases. Fines imposed by the Police Judge may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every dollar of such fine, or said Police Judge may, at his discretion, adjudge and enter upon his docket, a supplemental order that such offender shall work upon the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such sentence or fine, until the same shall be exhausted or otherwise satisfied.

against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every dollar of such fine, or said Police Judge may, at his discretion, adjudge and enter upon his docket, a supplemental order that such offender shall work upon the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such sentence or fine, until the same shall be exhausted or otherwise satisfied.

      Sec. 25.  Said Police Judge shall have exclusive original jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the amount claimed does not exceed three hundred dollars exclusive of costs, including the foreclosure of liens for street improvements, when the principal sum claimed does not exceed three hundred dollars; provided, that nothing herein shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the verified answer, or by the pleadings in such cause, that the validity of any tax, assessment or levy is necessarily an issue in such cause, in which case, the Police Judge shall certify such cause to the District Court in like manner as provided by law for certification of causes by Justice Courts. The Police Judge shall have exclusive original jurisdiction of any action for the collection of money payable to the city from any person, when the amount claimed, exclusive of interest and costs, does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to, or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited bonds or recognizances given to, or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court, in any of the cases above named, when the principal amount claimed, exclusive of costs and interest, does not exceed three hundred dollars; also, for the recovery of property belonging to the city, when the value thereof does not exceed three hundred dollars.

      Sec. 26.  The Police Judge shall have jurisdiction of the following offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city or endanger the health of the inhabitants thereof: Breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog-fights, cock-fights, routs, riots, affrays, violent injury to property, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under any ordinance of the city.

      Sec. 27.  Said Police Court shall be treated and considered as a Justice Court whenever the proceedings thereof are causing [called into question]. The Police Judge shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the jurisdiction of said court, and may punish for contempt, in like manner and with the same effect as is provided by general law for Justices of the Peace.

Chain-gang or jail.

Police Judges to have exclusive jurisdiction where sum involved does not exceed $300.

Appeals.

Bonds, etc.

Jurisdiction of Police Judges.

To be treated and considered as a Justice Court.

Docket.

To report.

Any Justice or Police Judge of Lyon County may act.

Salary of Police Judge.

Appeals same as in Justice Courts.

Construction of terms.

Chief of Police and Chief of Fire Department.

Qualifications.

plete and effective exercise of the jurisdiction of said court, and may punish for contempt, in like manner and with the same effect as is provided by general law for Justices of the Peace. He shall keep a docket in which shall be entered all official business in like manner as in Justice Courts. He shall prepare bonds, justify bail and administer all oaths. He shall render monthly or oftener as the Council may prescribe, an exact and detailed statement in writing, under oath, of the business done and of all fines collected as well as fines uncollected, since his last report, and shall at the same time, render and pay unto the City Treasurer, all fines collected and money received on behalf of the city since the last report.

      Sec. 28.  In all cases in which the Police Judge shall, by reason of being a party, or being interested or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability, for any reason, to act, any Justice of the Peace or Police Judge in said county, on the written request of the Mayor, may act in the place and stead of said Police Judge, and the Council shall have power to apportion ratably the salary of such Police Judge to such Justice of the Peace or other Police Judge so serving, and deduct the sum so apportioned from the salary of the Police Judge.

      Sec. 29.  The Police Judge shall receive such salary as may be provided by ordinance, not exceeding five hundred dollars per annum; provided, that such salary when fixed, shall not be changed so as to increase the same oftener than once every two years.

      Sec. 30.  Appeals to the District Court may be taken from any final judgment of said Police Court, in the same manner and with the same effect as in cases of appeal from Justice Courts in civil or criminal cases, as the case may be.

      Sec. 31.  The words “Police Court” and “Police Judge” shall be construed to mean the same as and be synonymous with “Municipal Court.”

police department.

      Sec. 32.  There shall be a Chief of Police of said city, who shall be ex officio Chief of the Fire Department. He shall be appointed by the Mayor, subject to confirmation by the Council. He shall be an actual bona fide resident of the city; provided, that the Constable of Mason Valley Township shall be eligible for such appointment. The Chief of Police shall command and control the police force and have power to appoint the necessary number of policemen required by the Council; such appointees to be subject to approval and confirmation of, and salaries and compensation fixed by the Council. During any incumbency of the Constable of Mason Valley Township in the office of Chief of Police, any regularly appointed deputies of said Constable shall be policemen of said city. The Chief of Police shall be vigilant in the detection of criminals and offenders, and the speedy apprehension of the same, and shall diligently see that all ordinances of the city of a police nature, the general laws and the provisions of this charter, are rigidly enforced and observed.

Chief of Police shall be vigilant in the detection of criminals and offenders, and the speedy apprehension of the same, and shall diligently see that all ordinances of the city of a police nature, the general laws and the provisions of this charter, are rigidly enforced and observed.

      Sec. 33.  The Chief of Police shall collect all city license taxes and all moneys making up the city revenues, except general or special taxes. The time and manner of collection of license taxes shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, the Chief of Police shall forthwith report such delinquent to the Council, who may cause an attachment suit in the name of the city to be brought against such delinquent and the Chief of Police may make the necessary affidavit for attachment, whereupon an attachment shall issue without bond on behalf of the city and if judgment go against the delinquent in such action, the additional sum of fifteen dollars shall be included in the judgment as liquidated damages, together with the original debt and costs. No fees shall be allowed any officer or person unless the same be made as costs from the defendant; provided, that the attorney employed to institute such suit may receive such compensation as the Council may prescribe. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business in such place or building is required to pay a license, shall be liable for such license and charges as above provided and may be taken on attachment or execution, without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become a part of the license, and when collected be paid into the city treasury as other revenues.

      Sec. 34.  The Chief of Police shall execute all process issuing from the Police Court. In his absence or inability to act his chief deputy may act. The Chief of Police shall, before entering upon the discharge of his duty, furnish a bond to the city, which bond shall apply in like manner to any deputy acting in his stead. Said bond shall be in a sum and conditioned as the Council shall require, and be approved by the Council. The duties of the Chief of Police and ex officio Chief of the Fire Department may be more fully defined and provided for by such ordinances as the Council may from time to time enact. The Chief of Police shall receive such salary or compensation as the Council shall by ordinance prescribe; provided, that such salary when fixed, shall not be changed so as to increase the same oftener than once every two years.

Chief of Police to collect all licenses.

To report delinquents.

Attachment, when.

Provisos.

One dollar additional delinquency.

Chief to execute all process of Police Court.

Bond of Chief.

Salary.

Proviso.

Chief to appoint firemen.

Council to levy city tax.

Provisos.

County blanks used when practicable.

City taxes to be paid to County Treasurer.

salary or compensation as the Council shall by ordinance prescribe; provided, that such salary when fixed, shall not be changed so as to increase the same oftener than once every two years.

fire department.

      Sec. 35.  The Chief of Police, as ex officio Chief of the Fire Department, shall see that all laws, rules, regulations and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department from time to time, shall report to the Council with his recommendations for the betterment of the department, and to increase its efficiency. He shall have power, subject to confirmation by the Council, to appoint the necessary number of firemen as may be required by the Council. He shall exert himself to protect property from fire, and generally to exercise vigilance for the safety of the city against conflagrations. He shall serve as ex officio Chief of the Fire Department without additional compensation.

revenue.

      Sec. 36.  The Council shall annually, at the time prescribed by law for levying taxes for State and county purposes, levy a tax as hereinbefore prescribed, upon all real and personal property situated in the city and made assessable by law for State and county purposes; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of the State for the collection of State and county taxes; and the revenue laws of the State shall in every respect, not inconsistent with the provisions of this charter, be deemed applicable and so held, to the levying, assessing and collecting of the city taxes; provided, that in the matter of equalizing or equalization of assessments upon property, the rights of the city and inhabitants thereof shall be protected in the same manner and to the same extent as is the State and county, by the action of the County Board of Equalization. And whenever and wherever practicable and expedient, all forms and blanks in use in the levying, assessing and collecting of State and county revenue, shall with such alterations or additions as may be necessary, be used in the levying, assessing and collecting of the revenue of the city. And the Council shall enact all such ordinances as shall be found necessary and not inconsistent with this charter and the laws of the State for the prompt, convenient and economical collection of the city revenue.

      Sec. 37.  All taxes collected under or by virtue of this charter or of any ordinance of the city, shall be paid to the County Treasurer of Lyon County, at the same time as payment of taxes for State and county purposes is made; provided, that nothing herein shall be so construed as to require payment of any license taxes to said County Treasurer.

vided, that nothing herein shall be so construed as to require payment of any license taxes to said County Treasurer. The County Treasurer of Lyon County shall receive said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided. The County Treasurer shall render a statement to the City Treasurer, of the moneys and the amount thereof so received by him, as often as he shall be required so to do, by resolution of the Council, duly passed, certified to under the seal of the city by the Clerk and served upon the County Auditor, who shall draw his warrant for the full amount; and the said County Treasurer shall safely transmit and deliver into the treasury of the city, all moneys so collected and received by him, or so much thereof as shall be called for by the resolution aforesaid, and shall thereupon, take the receipt of said City Treasurer therefor. All such moneys shall thereupon be placed by the City Treasurer in a fund to be known as the “Yerington General Fund,” and shall be so kept except as paid out upon proper warrant; provided, the Council may, at its discretion, set apart any surplus moneys in said fund, in a fund to be kept by said Treasurer which shall be known as the “Yerington Redemption Fund,” which shall be used to pay principal and interest of any outstanding bonds now or to be issued on the property of said city.

      Sec. 38.  All real and personal property levied upon for taxes due the city, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment, which shall include the taxes due and all costs; provided, that so far as possible the collection of the tax due the city shall be made by the County Treasurer in the same manner and time as collection of taxes for State and county purposes and the lien of said city for unpaid taxes to be enforced by the said County Treasurer and the property sold for any delinquent tax due the city, in the same manner and with like effect as in the case of delinquent taxes levied for State and county purposes.

      Sec. 39.  The Board of County Commissioners of Lyon County shall from time to time, upon the request of the Council of the city, apportion to the city, such proportion of the General Road Fund of the County of Lyon as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, shall bear to the whole property of the county, inclusive of the property within the limits of the city; and all such moneys so apportioned shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the Council.

      Sec. 40.  The Council shall have power to pass all ordinances necessary or required to carry into effect the revenue laws in said city and to enlarge, fix and determine the duties of all officers in relation thereto.

Proviso.

Yerington General Fund.

Execution for delinquent taxes.

County Commissioners to apportion General Road Fund.

Powers of Council.

Fees and salaries regulated by ordinance.

Claims, how allowed.

Warrants.

Treasurer to cancel.

Holder of rejected claim may sue city.

When forever barred.

Proviso.

laws in said city and to enlarge, fix and determine the duties of all officers in relation thereto.

miscellaneous.

      Sec. 41.  The fees, salaries or other compensation of officers or other persons shall be regulated by duly enacted ordinances as to salary, and by resolution as to compensation for persons not regularly employed by the city. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the City Clerk and acted upon by the Council at the first regular meeting thereafter of each and every month, and the Council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the City Council, the City Clerk shall certify all such claims or portions allowed as the case may be, to the Mayor, who shall draw a warrant upon the Treasurer for the amount so allowed, and shall state in general terms, the nature of the claim. The warrant shall be countersigned by the City Clerk and when so presented to the Treasurer, the same shall be paid by him. On paying any warrant, the Treasurer shall write or stamp across the face thereof, in red ink, the word “Redeemed” with the date of such redemption, and sign his name thereto officially, and the warrant so canceled shall be a sufficient voucher for the Treasurer in his settlement with the Council, which shall take place annually, on the third Monday of December of each year; provided, the Council shall have the power at any time, to require a statement and settlement with said Treasurer.

      Sec. 42.  The holder of any demand or claim mentioned in this charter which has been rejected in whole or in part, may, within six months after date of such rejection, commence an action in any court of competent jurisdiction for the recovery of the claim or amount so rejected, as the case may be, and if not so commenced, such claim or amount so rejected, together with the right of action thereon, shall be forever barred, and the Council shall not have power to allow or pay the same in whole or in part at any time subsequently. The action shall be against the city and the service of summons shall be upon the Mayor, or, in his absence or inability to act as Mayor, upon the Mayor pro tem. In case of a final recovery of judgment by the plaintiff, no execution shall issue therefor, but the Council must allow the amount thereof with costs as taxed, which judgment with such costs, shall be paid in the order of claims against the city as presented; provided, that nothing herein shall be so construed as to make the city liable for any damages suffered or incurred by any person for or by reason of any neglect of the city or any of its officers.

      Sec. 43.  No debts shall be created directly or indirectly against the city, nor shall any contract for supplies, water, gas, electric light or any supplies for the city, or any contract whatever, made by or on behalf of the city, be valid for any amount exceeding the revenue for the year in which the contract is made with which to meet the same, except as otherwise provided in this charter.

      Sec. 44.  No officer of the city shall be directly or indirectly interested in any contract with the city or with any officers thereof, in their official capacity for, or in doing any work or furnishing any supplies for the use of the city or its officers in their official capacity, exceeding the sum of fifty dollars, and any claim for any amount in violation hereof, shall be void and if allowed shall not be paid by the Treasurer. Any wilful violation of the provisions of this section shall be deemed a misdemeanor and punished as such, and shall subject the offender to removal from office.

      Sec. 45.  All money now in the possession or under the control of the Treasurer of Lyon County, or which may hereafter come into his possession or under his control, belonging to the Town of Yerington, is hereby transferred to the Yerington General Fund and made subject to the provisions of this charter, and all outstanding bonds or indebtedness, if any, of the Town of Yerington shall be transferred and applied to and be binding upon the City of Yerington, in like manner and with the same effect to all intents and purposes, as if said bonds or indebtedness, if any, had been originally issued or contracted by said city.

      Sec. 46.  A contested election for any city office must be determined according to the law of the State regulating proceedings in contested elections in county offices.

      Sec. 47.  No ordinance, order or resolution of the Council, having for its object or effect, directly or indirectly, the increasing of the salary or compensation of any officer or person employed under the city government, in excess of the maximum amount herein provided for, shall be valid or effective for any purpose or purposes whatsoever; provided, the Council may, in the exercise of its sound discretion, decrease the salaries or compensation of the members thereof, or of any officer of the city, whether elective or appointive, and such decrease shall take effect immediately; provided further, that no such decrease shall apply to or affect the then incumbent in the office of Mayor.

      Sec. 48.  Any wilful misconduct in office, or any wilful violation of any of the provisions of this charter, or of the provisions of any ordinance, or any wilful failure to comply therewith by any officer of the city, whether elective or appointive, shall be deemed malfeasance in office, and any person guilty thereof shall be proceeded against in the same manner as prescribed by the laws of the State, relative to proceedings and prosecutions against district, county and township officers, for misconduct in office, and any person found guilty shall forever after be disqualified to hold any office under said city government.

Debts and contracts, when invalid.

Officers not to be interested in contracts.

Penalty.

Yerington General Fund.

Contested elections.

Salaries, restrictions as to.

Provisos.

Misconduct in office.

Penalty.

This Act a public Act.

Charter same as Act.

General laws to supersede.

Official oath.

City may acquire public utilities.

Special election.

Council may create bonded indebtedness.

Restriction.

Publication of intention.

Provisos.

ship officers, for misconduct in office, and any person found guilty shall forever after be disqualified to hold any office under said city government.

      Sec. 49.  This Act shall be deemed a public Act and may be read in evidence without further proof, and judicial notice shall be taken thereof in all courts and places.

      Sec. 50.  The word “Charter,” wherever and whenever the same appears herein, is intended to and does mean, and shall be construed to be the same as and synonymous with, the word “Act.”

      Sec. 51.  Ordinances adopted and passed by the Council shall not supersede the general laws of the State with respect to their operation within said city, unless it be so expressly declared in such ordinance.

      Sec. 52.  All officers of the city, whether elective or appointive, shall take and subscribe to the official oath of office.

municipal bonds and franchises.

      Sec. 53.  The city shall have the power to acquire and purchase water, light, sewer, gas and power systems or any other public utility, and to hold, manage and operate the same when acquired, for the public use and benefit of the people of the city. The Council, when deemed advisable, shall submit a proper resolution, and the same may be voted upon by the people in all respects as provided herein for special elections.

      Sec. 54.  The Council shall have the power by ordinance to grant any franchise or create any city or municipal bonded indebtedness, and to levy and collect a special tax to pay the interest and principal of such bonded indebtedness; provided, however, that the income from any public utility acquired by the creation of a bonded indebtedness, as herein provided, may be used to pay the interest and principal of said indebtedness; but no ordinance for such purpose or purposes shall be valid or effective for any purpose unless the Council shall first pass a resolution which shall set forth, fully and in detail, the purpose or purposes of the proposed bonded indebtedness, the terms, amount, the rate of interest and time within which redeemable, and on what fund; or the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise as the case may be. Such resolution shall be published in full in some newspaper published in the city, for the period of at least four weeks. On the first regular meeting of the Council, after the expiration of the period of such publication, the Council shall, unless a petition shall be received by it, as in the next section provided, proceed to pass an ordinance for the issuing of the bonds, or the granting of the franchise as the case may be; provided, that such bonds shall be issued or municipal indebtedness created, or franchise granted, as the case may be, only on the same terms and conditions in all respects as expressed in the resolution as published, otherwise such ordinance shall be null and void; and provided further, that the Council shall dispose of said bonds or the franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city.

lished, otherwise such ordinance shall be null and void; and provided further, that the Council shall dispose of said bonds or the franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city.

      Sec. 55.  The ordinance passed on, as in the preceding section provided for, shall be valid to all intents and purposes as other ordinances duly and legally passed by the Council, and any municipal bonded indebtedness created, bonds issued or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twenty days from the date of the first publication of the resolution in the preceding section, a petition signed by not less than fifty residents and taxpayers in said city, representing not less than one-tenth of the taxable property of said city, according to the next preceding assessment roll, shall be presented to the Council, praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the Council to call a special election as soon as practicable; such election shall be held and conducted, as nearly as possible, in the same manner as elections for city officers. Notices of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the resolution hereinbefore mentioned and refer to the same, and the notice and resolution shall be published together for a period of at least two weeks before such election shall be held. The Council shall in due time make provision for holding such special election and the City Clerk shall prepare, at the expense of the city, suitably printed stationery for use as ballots, which shall contain the words “For the ordinance” (stating briefly the nature thereof), and “Against the ordinance” (stating briefly the nature thereof) The Council shall appoint suitable and competent persons to act as Inspectors at such elections and shall do all other things and acts necessary to fully carry out the purposes and intent hereof; provided, that no person not a taxpayer and qualified elector within the corporate limits of said city shall be qualified to vote at any such special election; and provided further, that no such proposed ordinance shall be adopted or be valid or effective for any purpose whatsoever, unless the same shall receive an affirmative vote of a three-fifths majority of all voters voting thereon. The Council shall canvass and declare the result, and if such proposed ordinance be carried as above provided, that fact shall be proclaimed by the Council publishing a notice to that effect for a period of at least one week, and thereupon such ordinance may be passed by the Council and signed by the Mayor and thenceforth be in full force and effect.

elections.

      Sec. 56.  The first municipal election in this city shall be held on the first Tuesday after the first Monday in May, 1907, and on the same day every two years thereafter, at which time there shall be elected one Mayor by the qualified electors of said city at large, Councilmen as hereinbefore provided, and one City Clerk.

Provisions as to preceding section.

Petitions.

Special elections.

Notice to be published.

Ballots, what to contain.

Proviso.

Publication of result.

First municipal election.

Council to provide for future elections.

County Commissioners to call first municipal election by advertising.

What proclamation shall set forth.

Nominating petitions.

One signer shall make affidavit.

Ballots.

Returns made to County Commissioners.

Certificates of election.

and on the same day every two years thereafter, at which time there shall be elected one Mayor by the qualified electors of said city at large, Councilmen as hereinbefore provided, and one City Clerk. All elections held under this charter shall be governed by the provisions of general election laws of the State so far as the same can be made applicable. The conduct and carrying on of all city elections, except the first, shall be under the control of the Council, and they shall, by ordinance, provide for the holding of the same, appoint the necessary officers thereof and do all other or further things necessary to carry the same into effect.

      Sec. 57.  The first municipal election hereunder shall be called by proclamation issued by the Board of County Commissioners of Lyon County at least thirty days prior to the date in the last preceding section first mentioned. Such proclamation shall be published in the newspaper in said city for at least three weeks prior to the date of such election, and printed copies of such proclamation shall be posted in four conspicuous places in said city. Such proclamation shall set forth the purpose of the election; the places where the same shall be held; the names of the Inspectors of Election, and such other matters as may be deemed proper in the premises. Candidates for all offices to be filled at such election shall be nominated by filing a petition with the County Clerk of said county at least ten days before the date fixed for such election, which petition shall state the name of the person nominated and the office for which he is nominated. Such petitions respecting nomination of candidates for the offices of Mayor and City Clerk shall be signed by not less than thirty electors residing within the corporate limits of said city, and in the case of nominations of candidates for the offices of Councilmen by not less than ten different electors on the petition of each Councilman. The signatures of such petitions need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each of such petitions shall make affidavit that the signatures thereunto appended and the statements therein made are genuine and true, to the best of his knowledge and belief, and a certificate of such oath shall be annexed. Such certificate of nomination shall have the same effect as certificates of nominations made by party conventions in other cases. The County Clerk of said Lyon County shall cause a sufficient number of ballots to be printed, upon which shall appear the names of such candidates nominated as aforesaid and the offices sought to be filled by them. The officers of election shall make return to the Board of County Commissioners of Lyon County, and the said Board, shall within five days thereafter, meet and canvass said vote and shall enter upon their minutes the result of such canvass, and shall cause a certificate of election to be issued to each person who shall have received the highest number of votes for the office for which he was a candidate.

shall have received the highest number of votes for the office for which he was a candidate.

      Sec. 58.  Every person who resides within the exterior boundaries of said city at the time of holding any city election, and whose name appears upon the official register of voters in and for Mason Valley election precinct as qualified voters at the last preceding general election, shall have the right to vote at each city election and for all officers to be voted for thereat; provided, that nothing herein shall be construed so as to deny or abridge the power of the Council to provide for a supplemental registration as in this charter elsewhere provided.

      Sec. 59.  The election returns from any city or special election shall be filed with the City Clerk, who shall immediately place them in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the Mayor and Council. The Mayor and Council shall meet within five days after any city election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the City Clerk for six months, and no person shall have access thereto, except on order of a court of general jurisdiction, or by resolution of the Council. The City Clerk, under his hand and official seal, shall issue a certificate of election, in accordance with the result as declared by the Council, to each person declared to be elected. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the Council in which returns were made and canvassed as above provided. All officers elected under this charter shall serve for the terms for which they are severally elected, and until their several successors shall have been duly elected and qualified.

      Sec. 60.  All Acts and parts of Acts in conflict or inconsistent with the provisions of this Act are hereby repealed.

All registered city residents qualified electors.

Supplemental registration.

City Clerk custodian of city election returns.

To issue certificate of election.

Terms, when to commence.

Repeal.

Chap. LXXIII.–An Act granting to the Goldfield Consolidated Water Company, a corporation organized and existing under and by virtue of the laws of the State of Nevada, its successors in interest and assigns, a franchise to supply for hire, the Towns of Goldfield, Columbia, Jumbo, Diamondfield, and all additions thereto with water for extinguishment of fire and for domestic and other purposes, and defining the boundaries of said towns, and other matters relating thereto.

[Approved March 14, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Goldfield Consolidated Water Company, a corporation organized and existing under and by virtue of the laws of the State of Nevada, its successors in interest and assigns, are hereby granted a franchise for and shall possess the privilege of supplying the Towns of Goldfield, Columbia, Jumbo, Diamondfield, and all additions thereto, in Esmeralda County, Nevada, and the inhabitants, residents and the people of said towns with water for fire protection, domestic, mining, milling, power, sewerage and general purposes, and to sell and dispose of the same, and to establish, maintain and operate for hire, pipe lines, connections, and hydrants, and other works convenient or necessary therefor.

Franchise to Goldfield Consolidated Water Company.

Boundaries of Goldfield, Columbia, Jumbo and Diamondfield defined.

What franchise includes.

Period of franchise fifty years.

Franchise covers all streets, etc.

the laws of the State of Nevada, its successors in interest and assigns, are hereby granted a franchise for and shall possess the privilege of supplying the Towns of Goldfield, Columbia, Jumbo, Diamondfield, and all additions thereto, in Esmeralda County, Nevada, and the inhabitants, residents and the people of said towns with water for fire protection, domestic, mining, milling, power, sewerage and general purposes, and to sell and dispose of the same, and to establish, maintain and operate for hire, pipe lines, connections, and hydrants, and other works convenient or necessary therefor.

      Sec. 2.  The boundaries of said Towns of Goldfield, Columbia, Jumbo and Diamondfield, for the purposes of this franchise shall include all territory which is now embraced in the settled portions thereof or which is or may hereafter be embraced or included in any official map or maps, plat or plats, of said towns or either of them or of any additions thereto which have been or may be at any time hereafter filed for record with the County Recorder of said Esmeralda County, Nevada, and shall also include all such territory as may be fixed and defined in any Act or Acts of incorporation of said towns or either of them.

      Sec. 3.  That the franchises and privileges hereby granted shall include the privileges to excavate for and construct, place, maintain and operate systems of water-works with pipes, mains, hydrants, tanks and other necessary works and appliances for the sale and distribution by said grantees of water for domestic, irrigation, mining, milling, power and manufacturing purposes to the inhabitants of said towns or either of them, and that such franchises and rights of way are granted and shall cover and apply to any and all streets, avenues, alleys, roads and highways, within said towns or either of them, or extending from one of said towns to the other and situate within or in the immediate vicinity of said towns or either of them.

      Sec. 4.  Said franchises and rights of way hereby granted shall continue and be in full force and effect for a period of fifty (50) years from and after the approval of this franchise; provided, that nothing herein shall be so construed as to affect the right to revoke and declare said franchises, or either of them, forfeited for any wilful failure on the part of the grantee to comply with the conditions thereof.

      Sec. 5.  That said franchises, rights of way and all rights and privileges herein and hereby granted shall extend and cover any and all streets, avenues, alleys, roads or highways in said towns or either of them or in the immediate vicinity thereof as the same are known, designated, laid out or established, and also such other streets, avenues, alleys, roads or highways as may hereafter at any time be laid out, designated or established in said towns or either of them or in the immediate vicinity thereof or as the successful and profitable execution of the said enterprise and business may warrant, or the convenience and interests of the general public may seem to require.

or the convenience and interests of the general public may seem to require.

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

      Sec. 7.  That the said grantee, after excavating for or laying any pipes or mains as herein provided shall thereafter and as soon as practicable, at all times within thirty (30) days from date of making any excavation, at its own proper cost and expense, cover the same in such manner as to leave the surface smooth and level and shall not cause or create thereby or by any of said work, any rut holes or uneven spots or places on any of said streets, avenues, roads or alleys, and shall also when excavating for, or laying pipes or mains, cause the same to be done at such times and in such way and manner so as to minimize as far as practicable any interference with or obstruction to the convenient use and travel over such streets, avenues, alleys, roads and highways.

      Sec. 8.  The said grantee, its successors in interest or assigns, shall at all times during the continuance of said franchise, when duly requested so to do by resolution of the lawfully established municipal legislative body of either of said towns, and as soon as practicable after the passage of such resolution and service upon them of a copy thereof, fix, establish and maintain fire hydrants connecting with water mains in such reasonable place or places on their established water mains or pipes as may be designated or stated in such resolution; provided, that such hydrants shall be so fixed, the amount of the compensation of the said grantee, its successors or assigns therefrom and for the fire protection thereby afforded and the time and manner of payment thereof shall be fixed by mutual agreement between said grantee, its successors or assigns, and the said legislative body. Such compensation shall be paid by said town or towns at the times and in the amounts so agreed.

      Sec. 9.  The franchises and rights of way hereinbefore conferred, are granted on the condition that the said grantee or its successors or assigns shall commence the work of construction of said respective water systems within sixty (60) days from and after the date of the approval of this grant and on the further condition that the said work of construction shall be so completed, on or before the expiration of one year from the date of said approval, that water shall be actually running in the main pipe or pipes of said water system and available for domestic water supply in accordance with the provisions of this grant; provided, that should the said grantee hereof take over, acquire or secure the control of any existing water system or systems now in operation in either of said towns within the period of sixty (60) days from and after the approval of this grant, then it will be unnecessary for the said grantee to begin work as aforesaid, but it shall be its duty, under the provisions of this grant, to have its water system completed to an extent hereinbefore set forth.

Extension of pipes and mains.

Must leave ground in good condition.

Must maintain fire hydrants.

Work must be commenced within sixty days.

Proviso.

Unavoidable delays not to avoid franchise.

To inure to successors.

Water rate limited.

Fire hydrants in Goldfield.

City may purchase system.

Free water to certain buildings.

Proviso.

of any existing water system or systems now in operation in either of said towns within the period of sixty (60) days from and after the approval of this grant, then it will be unnecessary for the said grantee to begin work as aforesaid, but it shall be its duty, under the provisions of this grant, to have its water system completed to an extent hereinbefore set forth.

      Sec. 10.  The franchises hereby granted 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 strikes, lockouts, unavoidable accident, or the acts of God.

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

      Sec. 12.  This franchise is granted with the express qualification that said grantee, its successors or assigns, shall not charge a higher rate than three-fourths of one cent per gallon for all water sold under the terms hereof. Upon the execution of a good and sufficient contract between the County Commissioners of the County of Esmeralda (or the City or Town of Goldfield) and said Water Company, for the performance of the contract covering the terms and payment for installation of hydrants and maintaining the same, as hereinafter provided, the said company shall install at its own expense at least sixty-one hydrants for fire protection upon a rental basis, charging therefor not to exceed ten dollars per month for each hydrant. Said company, its successors or assigns, to keep a tank for fire protection, so as to provide a minimum pressure of ninety pounds to the square inch at the hydrants during a fire. After the payment of ten years’ annual rental of said fire hydrants installed the City or Town of Goldfield, if then incorporated, or the inhabitants of said City or Town of Goldfield, if unincorporated, shall have free service of all such hydrants. And, if said town shall have been incorporated, it shall have the option to purchase the entire plant of said water company at a valuation to be fixed by five appraisers, two of whom shall be selected by the Town or City of Goldfield, and two of whom are to be selected by said water company, and the fifth appraiser to be selected by these four. In calculating the value of the plant of said water company, the franchise herein granted shall be estimated and held to be of the value of one dollar. The said water company, it successors or assigns, shall furnish, without pay, water to the County of Esmeralda, to be used upon or in the following buildings in the Town of Goldfield: County hospital, county court house, county jail, fire engine house and public school houses, in quantity not to exceed thirty thousand gallons per month; provided, that the cost of making all water connections and implacing meters shall be paid by said county and such use and place of use to be definitely fixed, apportioned and designated by proper resolution of the Board of County Commissioners of said county or the legislative body of Goldfield and a certified copy of which resolution to be served upon the grantee herein, its successors or assigns; provided further, that the water company shall implace meters and measure the water used in said buildings and if the amount used shall exceed the quantity above mentioned in any month, said excess shall be paid for by the county at the rate of three dollars for each one thousand gallons so used.

meters shall be paid by said county and such use and place of use to be definitely fixed, apportioned and designated by proper resolution of the Board of County Commissioners of said county or the legislative body of Goldfield and a certified copy of which resolution to be served upon the grantee herein, its successors or assigns; provided further, that the water company shall implace meters and measure the water used in said buildings and if the amount used shall exceed the quantity above mentioned in any month, said excess shall be paid for by the county at the rate of three dollars for each one thousand gallons so used. If the legislative body of the Town of Goldfield shall elect prior to the entering into of any arrangement looking to the water company installing hydrants at its expense, said Town or City of Goldfield, shall have the right to install its own pipe line, fire hydrants and fire protection service, and the water company shall furnish to said pipe line and fire hydrants, water for fire protection only, free of charge. That the said water company shall at all times save and keep harmless the County of Esmeralda, or the Town or City of Goldfield, of and from all damages caused by or arising out of its occupany of the streets of said town or city, under this franchise.

Meters.

Company responsible for damages.

Chap. LXXIV.–An Act to pay the deficiencies in the appropriations for the years 1905 and 1906.

[Approved March 14, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The sum of three thousand three hundred three dollars and thirty-eight cents ($3,303.38) is hereby appropriated out of any moneys in the General Fund of the State for the payment of deficiencies in the appropriation for the years 1905 and 1906, as follows:

      Western Union Telegraph Company, $60.15; T. R. Hofer, Jr., $453.05; Chas. Crippen, $55; Wells, Fargo & Co., $26.72; Kate O’Connor, $40.40; W. R. Davis, $4.50; J. M. Benton, $130; John Henderson, $7.50; F. Steinmetz, $8.55; Sunset Telephone and Telegraph Company, $103.10; E. J. Walsh, $46.70; Truckee River General Electric Company, $150; Virginia and Truckee Railroad Company, $2.25; Carson City Coal Gas Company, $135.90; Nevada Press Company, $52.30; Fred B. Tuck, $4.50; H. Heidenreich, $6; C. H. Maish, $6; Jo. A. Roberts, $22.50; J. Doane, $15.75; Wm. Keyser, $49; P. J. McMahon, $6; Wm. Anderson, $7; Carson Stationery and Novelty Company, $5.40; The Emporium, $8; Smith Premier Typewriter Company, $100; J. Breuner Company, $128.75; E. D. Sweeny, $1,060; George Johnson, $9; Robert Barker, $9; Mike Link, $15; A. J. Millard, $6.50; California Institution for Deaf, Dumb, and Blind, $292.26; W.

Deficiencies for 1905 and 1906.

Sums appropriated.

Duties of Controller and Treasurer.

Institution for Deaf, Dumb, and Blind, $292.26; W. G. Douglass, $200; A. F. Torreyson, $75; C. F. Cutts, $1.60.

      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.

Railroad franchise in Humboldt County.

Work must commence within eighteen months.

Railroad Acts to apply.

Chap. LXXV.–An Act to grant the right of way to John G. Taylor, Joseph Hill, and W. C. Pitt, and their associates, successors, and assigns, for the construction and operation of a railroad within the County of Humboldt, State of Nevada, from the Town of Lovelock therein, on or near the track of the Central Pacific Railroad, or Southern Pacific Company’s line, to the northern boundary line of said county, with branch lines to the Towns of Vernon, Seven Troughs, and Rosebud, within said county, and matters relating thereto.

[Approved March 14, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The right of way, not to exceed two hundred feet in width, to locate, construct, maintain, and operate a narrow or broad-gage railroad with iron or steel rails, together with necessary sidetracks, switches, turnouts and turntables, over or along such route as may be deemed most feasible and advantageous, from a point at or near the railroad tracks of the Central Pacific or Southern Pacific Company, in said Humboldt County, at the Town of Lovelock, to the northern boundary line of said Humboldt County, with branch lines to the Towns of Seven Troughs, Vernon and Rosebud, within said county, is hereby granted to John G. Taylor, Joseph Hill and W. C. Pitt, their associates, successors, and assigns for the term of fifty years; provided, that the construction of said railroad shall be commenced within eighteen months from the passage of this Act.

      Sec. 2.  That the motive power of said railroad may be either steam, gasoline, or electricity.

      Sec. 3.  That the said John G. Taylor, Joseph Hill and W. C. Pitt, their associates, successors, and assigns, shall have and are hereby given all the rights, privileges, and franchises conferred upon railroad companies incorporated in the State of Nevada under and pursuant to the provisions of “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the Acts amendatory thereof or supplemental thereto, as far as the same are consistent with the provisions of this Act.

Chap. LXXVI.–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for free public libraries, and other matters relating thereto,’ approved March 20, 1901.”

[Approved March 14, 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.  Whenever in any county in the State of Nevada a petition or petitions for the establishment of a free public library, certified by the District Judge of any Judicial District of the State of Nevada as being signed by a majority of the taxpayers or by taxpayers representing a majority of the taxable property, as shown by the last preceding assessment roll of any city, unincorporated town or school district shall be presented to the Board of County Commissioners of the county in which said city, unincorporated town or school district is situated, accompanied by affidavit of one or more of the signers thereof that the signatures thereto are genuine, the said Board of County Commissioners shall within ten days after said petition or petitions are so presented levy a tax upon all taxable property of said city, unincorporated town, or school district of not less than five nor more than ten cents on each one hundred dollars valuation of taxable property therein for the purpose of creating a fund to be known as the “Library Fund.” And each year thereafter said Board of County Commissioners at the time and in the manner other taxes are levied shall levy a tax upon said property for said purpose of not more than ten cents on each one hundred dollars valuation thereof.

Free public libraries.

Petition of taxpayers.

Library Fund.

Tax.

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

[Approved March 14, 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 District Attorney of Washoe County shall receive the salary of three thousand dollars per year.

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

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

Salary of District Attorney of Washoe County.

Traveling expenses.

Repeal.

Preamble.

$3,000 for A. N. Jones.

Duties of Controller and Treasurer.

Chap. LXXVIII.–An Act for the relief of A. N. Jones.

[Approved March 14, 1907.]

      Whereas, On the twenty-first day of November, one thousand nine hundred and five, at Hawthorne, Esmeralda County, State of Nevada, A. N. Jones, being then and there a Deputy Sheriff of said county, on receipt of a telegram from the Superintendent of the Hospital for Mental Diseases of the said State, requesting him to arrest and return to said Hospital one John Braydner, an insane person, who had escaped therefrom, did arrest the said Braydner, and in so doing the said Braydner fired three bullets into the body of said A. N. Jones, inflicting wounds which disabled him for life; and

      Whereas, The said A. N. Jones has laid out and expended a large sum of money for medical services and nursing at Hawthorne and in the City of San Francisco, State of California, and has incurred pecuniary liabilities in the vain endeavor to find relief which he is unable to liquidate; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of three thousand dollars is hereby appropriated, out of any moneys in the General Fund of the State Treasury not otherwise appropriated, for the relief of the said A. N. Jones in full compensation for all injuries sustained.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the said A. N. Jones for the sum of three thousand dollars, and the State Treasurer is hereby directed to pay the same.

Foreign building and loan companies must deposit $50,000 with State Treasurer.

Chap. LXXIX.–An Act requiring certain non-resident joint-stock companies, associations and corporations doing a building and loan business to furnish security before doing business in this State, and prescribing the penalty for a failure to do so.

[Approved March 14, 1907.]

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

Assembly, do enact as follows:

      Section 1.  No joint-stock company, association or corporation heretofore or hereafter organized under the laws of any other State, or Territory, or foreign country, for the purpose of engaging in the building and loan business, or to borrow, loan or invest money, or dealing in investment certificates, or other similar business, except a banking business, shall be allowed to continue or to do business, or sell their stock or certificates in this State after May first, A. D. 1907, without first having deposited with the State Treasurer the sum of $50,000 in money, or United States, or municipal bonds of this State, or in first mortgage upon real estate located within this State, as a guarantee fund for the protection and indemnity of residents of the State of Nevada, with whom such companies, associations, or corporations shall do business; the fund so deposited to be paid by the custodian thereof to the residents of Nevada only; and not then until proof of claim of final judgment has been filed with the custodian of such fund against such foreign company, association or corporation.

$50,000 in money, or United States, or municipal bonds of this State, or in first mortgage upon real estate located within this State, as a guarantee fund for the protection and indemnity of residents of the State of Nevada, with whom such companies, associations, or corporations shall do business; the fund so deposited to be paid by the custodian thereof to the residents of Nevada only; and not then until proof of claim of final judgment has been filed with the custodian of such fund against such foreign company, association or corporation. Any of the securities so deposited may be withdrawn at any time upon others, herein provided for, or like amount, being substituted in lieu thereof.

      Sec. 2.  Any person or persons who shall be found in this State as agent, or in any other capacity representing such non-resident or foreign company, association or corporation, which has not complied with the provisions of this Act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

      Sec. 3.  Any company, association or corporation subject to the provisions of this Act, which has not fully complied with the terms thereof shall not be permitted to commence, maintain or prosecute any action in any court in this State.

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

Foreign building and loan companies must make deposit

Penalty and punishment.

Non-compliance debars from court proceedings.

Repeal.

Chap. LXXX.–An Act to amend section five of an Act entitled “An Act to restrict gaming, and to repeal all other Acts in relation thereto,” approved March 8, 1879.

[Approved March 14, 1907.]

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

Assembly, do enact as follows:

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

      Section 5.  All moneys received for licenses under the provisions of this Act shall be paid into the county treasury of the county wherein the same is collected for general purposes; provided, where the license is collected within the boundaries of any incorporated city or town the same shall be paid into the treasury of such incorporated city or town for general purposes; provided further, where the license is collected within the boundaries of any unincorporated city or town that is under the control of the Board of County Commissioners under and by virtue of an Act entitled “An Act providing for the government of the towns and cities of this State,” approved February 26, 1881, the same shall be paid into the county treasury for the general use and benefits of such unincorporated city or town.

Gaming licenses to go into county or city treasuries.

Salary of Justice of the Peace in Carson Township.

Chap. LXXXI.–An Act to amend section one of an Act entitled “An Act fixing the salary of the Justice of the Peace in and for Carson Township, Ormsby County, State of Nevada, and matters relating thereto,” approved February 28, 1899.

[Approved March 14, 1907.]

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

Assembly, do enact as follows:

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

      Section 1.  From and after the approval of this Act the Justice of the Peace in and for Carson Township, Ormsby County, State of Nevada, shall receive, in compensation in full for all services, an annual salary of nine hundred dollars, payable in twelve equal monthly installments.

Railroad franchise in Esmeralda, Nye and Lander Counties.

Work must commence within one year.

Chap. LXXXII.–An Act granting a franchise unto F. T. Torpey, his associates, successors and assigns, to complete and operate a traction cable road from Miller’s Siding on the Tonopah and Goldfield Railroad in Esmeralda County, to Austin, Lander County, via Manhattan, Gordon and Belmont, and across the highways and certain lands between said termini.

[Approved March 14, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The right of way to locate, construct and maintain a road-way, with a cable, and operate thereon cars for the transportation of freight and passengers, the whole to be operated by steam or electrical motive power over or along such route as may be deemed most feasible and advantageous, from a point at or near Miller’s Siding on the Tonopah and Goldfield Railroad in Esmeralda County, to Austin in Lander County, via Manhattan, Belmont and Gordon, is hereby granted to F. T. Torpey, his associates, successors and assigns, for the term of fifty (50) years; provided, the right of way hereby granted shall not exceed one hundred feet in width; and provided further, that the construction of said traction cable road shall be commenced within one year from the passage of this Act, and completed within two years thereafter.

      Sec. 2.  That the said F. T. Torpey, his associates, successors and assigns, shall have, and are hereby given, all the rights, privileges and franchises conferred upon railroad companies by the Act entitled “An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the Acts amendatory thereof and supplemental thereto, as far as the same are consistent with the provisions of this Act.

plemental thereto, as far as the same are consistent with the provisions of this Act.

Chap. LXXXIII.–An Act to amend section two hundred and fifty-six 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 March 15, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section two hundred and fifty-six is hereby amended to read as follows:

      Section 256.  An action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim.

      Sec. 2.  All other Acts so far as they are in conflict with this Act are hereby repealed.

Action to determine adverse claim.

Repeal.

Chap. LXXXIV.–An Act to amend an Act to regulate the salary of the Constable or regular peace officer of Argenta Township, County of Lander, State of Nevada.

[Approved March 15, 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 Board of County Commissioners of Lander County are hereby authorized and directed to appropriate from the treasury of said county and pay to the regularly elected or appointed Constable of Argenta Township of said county the sum of $100 monthly as a salary, which shall be compensation in full for all services rendered; provided, that said Constable shall be allowed to retain all fees in civil cases now allowed by law, and in criminal cases performed outside of said county he may be allowed his necessary expenses, but in no event shall said Constable charge or collect any fees for services by him rendered to the State of Nevada, or to Lander County.

      Sec. 2.  The regularly elected or appointed Constable shall pay into the county treasury each month all moneys collected by him as fees, save as hereinabove provided. It is further provided that no salary shall be allowed to said Constable until after he shall have filed with the Clerk of said Board of County Commissioners a sworn statement in writing of all fees collected by him in both civil and criminal cases during the month for which said salary is asked.

Salary of Constable of Argenta Township, Lander County.

Sworn statement to be filed.

Repeal

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

Property, time and conditions of redemption.

Chap. LXXXV.–An Act to amend section two hundred and thirty-three 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 March 15, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section two hundred and thirty-three of said Act is hereby amended so as to read as follows:

      Section 233.  The judgment debtor or a redemptioner may redeem the property from the purchaser within six months after the sale, on paying the purchaser the amount of his purchase, in the kind of money or currency specified in the judgment, if any be specified, with one per cent per month from the date of the sale to the time of redemption in addition, together with the amount of any assessment or taxes which the purchaser may have paid thereon after the purchase, and interest on such amount, and if the purchaser be also a creditor, having a lien prior to that of a redemptioner other than the judgment under which the purchase was made, the amount of such lien, with interest.

Location of county high schools, how determined.

Chap. LXXXVI.–An Act to amend an Act entitled “An Act permitting the establishment of county high schools in the various counties of this State, and providing for the construction, maintenance and management of the same,” approved March fourth, eighteen hundred and ninety-five.

[Approved March 15, 1907.]

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

Assembly, do enact as follows:

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

      Section 3.  If a majority of all the votes cast on the proposition to establish a county high school shall be in the affirmative, it shall be the duty of the Board of County Commissioners, within thirty days after canvassing said vote, to locate the high school in the place in said county which said Board shall deem most suitable and convenient for the purpose. If, after the County Commissioners shall have located said high school, there shall be presented a certified petition, bearing the signatures of at least one-fourth of the qualified voters of such county according to the last general election returns, said petition requesting a vote on the question of the location of the county high school and specifying a desired location, said Board of County Commissioners shall submit the question of such location to the voters of the county at the next general election; provided, such election shall come within six months of the time of the presentation of such petition, otherwise the Board of County Commissioners shall submit the question of such location at a special election to be called by said Board and held within sixty days after the presentation of such petition.

qualified voters of such county according to the last general election returns, said petition requesting a vote on the question of the location of the county high school and specifying a desired location, said Board of County Commissioners shall submit the question of such location to the voters of the county at the next general election; provided, such election shall come within six months of the time of the presentation of such petition, otherwise the Board of County Commissioners shall submit the question of such location at a special election to be called by said Board and held within sixty days after the presentation of such petition.

      The form of the ballot on the question of such location shall be:

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

      In other respects the provisions of the general election law shall be followed. [If at any such election law shall be followed.] If at any such election a majority of all voters who shall vote on the question of such location shall vote in favor of locating the county high school at the place designated in the petition, it shall be the duty of the Board of County Commissioners to cause the county high school to be located at such place, not later than the first day of the next following September. This section shall not be interpreted in such a way as to prevent the selection of a building site for such county high school building anywhere within one mile of the specific point designated in the before-mentioned petition and the selection of such building site, within such limit, shall be made by the State Board of Education. While a vote on the question of changing the location of any county high school is pending, no contract for the purchase of grounds or for the erection of a building shall be made.

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

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

Popular vote.

Proviso.

Form of ballot.

Limitations as to purchase of grounds.

Special tax.

County High School Fund.

Proviso.

County Board of Education.

Election of same.

Vacancies.

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

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

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

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

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

Chap. LXXXVII.–An Act to grant the right of way to C. D. Galvin, A. J. Burke, and C. F. De Armond, and their associates for the construction and operation of a railroad in White Pine and Elko Counties, State of Nevada, from the Copper Basin Mining and Smelting Company’s mine at Bald Mountain in the south end of Ruby Valley, in White Pine County, State of Nevada, through Ruby and Clover Valleys to a point on the Western Pacific Railroad in Elko County, to be located by said grantees, and matters relating thereto.

[Approved March 15, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The right of way to locate, construct, maintain and operate, either by steam or electric motive power, a narrow or broad-gage railroad with iron or steel rails over or along such route as may be deemed most feasible and advantageous from the Copper Basin Mining and Smelting Company’s mine at Bald Mountain in the south end of Ruby Valley in White Pine County, State of Nevada, through Ruby and Clover Valleys to a point on the Western Pacific Railroad in Elko County, to be located by said grantees and matters relating thereto, is hereby granted to C.

row or broad-gage railroad with iron or steel rails over or along such route as may be deemed most feasible and advantageous from the Copper Basin Mining and Smelting Company’s mine at Bald Mountain in the south end of Ruby Valley in White Pine County, State of Nevada, through Ruby and Clover Valleys to a point on the Western Pacific Railroad in Elko County, to be located by said grantees and matters relating thereto, is hereby granted to C. D. Galvin, A. J. Burke and C. F. De Armond, their associates, successors and assigns for the term of fifty years; provided, the right of way hereby granted shall not exceed two hundred feet in width; and provided further, that the construction of said railroad shall be commenced within one year from the passage of this Act and completed within five years thereafter.

      Sec. 2.  That said C. D. Galvin, A. J. Burke, and C. F. De Armond, their associates, successors and assigns, shall have and are hereby given all the rights, privileges and franchises conferred upon railroad companies incorporated in the State under and pursuant of “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the Acts amendatory thereof or supplemental thereto as far as the same are consistent with the provisions of this Act.

Railroad franchise in Elko and White Pine Counties.

Provisos.

Railroad Acts to apply.

Chap. LXXXVIII.–An Act restricting the sale of liquors and providing penalties for the violation of the same.

[Approved March 19, 1907.]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful to grant a license to any person, firm or corporation to sell, barter or exchange or otherwise dispose of any malt, spirituous, vinous or other intoxicating liquors within three miles of any camp or assemblage of men engaged in the construction of any railway where twenty-five or more men are employed.

      Sec. 2.  Any person who shall sell, barter or exchange or offer for sale, barter or exchange, or shall otherwise dispose of any malt, spirituous, vinous or other intoxicating liquors within three miles of any camp or assemblage where twenty-five or more men are engaged in the construction of any railway, shall be deemed guilty of misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars for each offense or by imprisonment in the county jail for not less than thirty days nor more than six months or by both such fine and imprisonment; and any attempt to avoid the provisions of this Act by giving or disposing of any such liquors to any person or persons on the pretense or for the reason that such person or persons has purchased or designs or is expecting to purchase some other article, shall be deemed a sale within the provisions of this Act; provided, that nothing in this Act shall apply to the sale of liquors made under a license issued by any incorporated town or city nor to sales at a saloon, store or hotel at which such liquors are sold or otherwise disposed of outside of the corporate limits of towns and cities where such saloons, store or hotel has been established in a substantial building of permanent character and has been licensed for at least six months immediately prior to the beginning of such construction work within the said three-mile limit.

Liquor forbidden within three miles of construction camps.

Penalty.

Proviso.

Not to affect regular establishments.

Certain liquor licenses revoked.

Certain moneys returned to licensee.

person or persons on the pretense or for the reason that such person or persons has purchased or designs or is expecting to purchase some other article, shall be deemed a sale within the provisions of this Act; provided, that nothing in this Act shall apply to the sale of liquors made under a license issued by any incorporated town or city nor to sales at a saloon, store or hotel at which such liquors are sold or otherwise disposed of outside of the corporate limits of towns and cities where such saloons, store or hotel has been established in a substantial building of permanent character and has been licensed for at least six months immediately prior to the beginning of such construction work within the said three-mile limit.

      Sec. 3.  It shall be the duty of the Board of County Commissioners of the several counties to forthwith revoke all and any such licenses for the sale of such liquors within their respective counties within such three-mile limit, excepting those licenses issued by any incorporated town or city and licenses issued at least six months immediately prior to the commencement of such construction work. Upon the revocation of any such licenses under the provisions of this Act, the said County Commissioners shall provide for the payment to the licensee of a sum of money which shall bear the proportion to the whole amount paid for such license that the unexpired portion of the term for which the license was issued bears to the whole term.

All foreign corporations to file legal copies of charter with Secretary of State.

Chap. LXXXIX.–An Act to require foreign corporations to qualify before carrying on business in this State, regulating and prescribing the manner thereof, other matters pertaining thereto, and repealing all other Acts in conflict herewith.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Every corporation organized under the laws of another State Territory, the District of Columbia, a dependency of the United States or foreign country, which shall hereafter enter this State for the purpose of doing business therein, must, before commencing or doing any business in this State, file in the office of the Secretary of State of the State of Nevada a certified copy of said articles of incorporation, or of its charter, or of the statute or statutes, or legislative, or executive, or governmental Acts, or other instrument or authority by which it was created, and a certified copy thereof, duly certified by the Secretary of State of this State, in the office of the County Clerk of the county where its principal place of business in this State is located.

      Sec. 2.  On filing certified articles, papers, or other instrument of incorporation, as required in section one of this Act, said corporation shall pay the same fees to the Secretary of State as are paid by corporations organized under the laws of this State.

said corporation shall pay the same fees to the Secretary of State as are paid by corporations organized under the laws of this State.

      Sec. 3.  Every such corporation which shall fail or neglect to comply with the provisions of this Act shall be subject to a fine of not less than five hundred dollars, to be recovered in a court of competent jurisdiction, and shall not be allowed to commence, maintain, or defend any action or proceeding in any court of this State until it shall have fully complied with the provisions of this Act; and any person or persons who shall act as agent within this State of any such corporation, which shall fail for a period of ten days after the taking effect of this Act to comply with the provisions herein, shall also be personally and individually liable to a fine of not less than five hundred dollars; and it is hereby made the duty of the Secretary of State, as he may be advised that corporations are doing business in contravention of this Act, to report them to the Governor, who shall instruct the District Attorney of the county wherein such corporation has its principal place of business, or the Attorney-General of the State, or both, as soon as practicable, to institute proceedings to recover the fine or fines provided for in this section.

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

Same fees as if organized in Nevada.

Penalty for neglect.

Duties of State and county officers.

Repeal.

Chap. XC.–An Act to amend section five hundred and nine 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 March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Section five hundred and nine of an Act entitled “An Act to regulate proceedings in civil actions [cases] in the courts of justice of this State, and to repeal all other Acts in relation thereto,” is hereby amended so as to read as follows:

      Section 509.  The provisions of title one of this Act, as to parties to actions, shall be applicable to actions of which a Justice Court has jurisdiction. Justice Courts shall have jurisdiction of the following actions and proceedings:

      First-Of an action arising on contract for the recovery of money only, if the sum claimed, exclusive of interest does not exceed three hundred dollars.

      Second-Of an action for damages for injury to the person, or for taking or detaining personal property, or for injuring real or personal property, if the damages claimed do not exceed three hundred dollars.

      Third-Of an action for a fine, penalty or forfeiture, not exceeding three hundred dollars, given by statute or the ordinance of any incorporated or unincorporated city, town or village.

Jurisdiction of Justice Courts.

Jurisdiction of Justice Courts.

Mechanics’ lien Acts applicable.

Repeal.

exceeding three hundred dollars, given by statute or the ordinance of any incorporated or unincorporated city, town or village.

      Fourth-Of an action upon a bond conditioned for the payment of money not exceeding three hundred dollars, though the penalty exceed that sum, the judgment to be given for the sum actually due. When the payments are to be made by installments, an action may be brought for each installment as it becomes due.

      Fifth-Of an action upon a surety bond or undertaking, though the penalty exceed, if the amount claimed does not exceed, three hundred dollars.

      Sixth-Of an action to recover the possession of personal property, when the value of such property does not exceed three hundred dollars.

      Seventh-To take and enter judgment on the confession of a defendant, when the amount confessed does not exceed three hundred dollars.

      Eighth-Of actions for the possession of lands and tenements, where the relation of landlord and tenant exists.

      Ninth-Of actions when the possession of lands or tenements has been unlawfully or fraudulently obtained or withheld, in which case the proceedings shall be as prescribed by the Acts upon that subject.

      Tenth-Of proceedings respecting vagrants and disorderly persons.

      Eleventh-Of suits for the collection of taxes, where the amount of the tax used for does not exceed three hundred dollars.

      Twelfth-Concurrent jurisdiction with the District Courts of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced (exclusive of interest) does not exceed three hundred dollars.

      The jurisdiction conferred by this section shall not extend to a civil action in which the title to real estate or mining claims, or questions to boundaries of land, are involved; and if questions of title to real property be involved, cases involving such questions shall be disposed of as hereinafter provided in this Act. The courts held by Justices of the Peace shall be denominated Justice Courts. They shall have no terms, but shall always be open. Justice Courts shall be held in their respective townships, precincts or cities.

      Sec. 2.  Section 15 of an Act entitled “An Act to secure liens to mechanics and others, and to repeal all other Acts in relation thereto,” as to action on, trial of, and sale of premises under mechanics’ liens, shall be applicable to such actions in a Justice Court, where the sum involved does not exceed three hundred dollars.

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

Chap. XCI.–An Act for the better protection of the rights of locators of mining claims.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Whenever the locator of a mining claim shall file his certificate of location in accordance with the law and pay the prescribed fees therefor, it shall be the duty of the Mining District Recorder, and of the County Recorder, with whom said certificate is filed, forthwith to give such locator, or his agent, a receipt therefor; said receipt shall contain name of the claim given in notice filed and date of location thereof, stating the day and hour such certificate of location was filed.

      Sec. 2.  The receipt called for in section one of this Act shall be prima facie evidence that the certificate of location has been duly filed, and the date of filing.

      Sec. 3.  Each District Mining Recorder shall provide a seal on which shall be engraved the name of the mining district, the county and State, with which said seal he shall authenticate all of his official acts, which seal, together with his official documents and books, shall not be liable to be seized on execution.

      Sec. 4.  It shall be the duty of the several County Recorders, within ten days after the passage of this Act, to notify each of the several District Mining Recorders in their respective counties of the passage of this Act, which shall take effect on and after the first day of April, 1907.

      Sec. 5.  Any Mining District Recorder or County Recorder neglecting or refusing to comply with the provisions of this Act shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred ($500) dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

Recorder to give locator receipt.

What to contain.

Receipt prima facie evidence.

Mining Recorder’s seal.

Mining Recorders notified by County Recorders.

Penalty.

Chap. XCII.–An Act to amend an Act entitled “An Act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a State Board of Medical Examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other Acts, or parts of Acts, in conflict therewith.”

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

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

Applicants to present diploma and pass examination.

Examination subjects.

Reexamination, when.

Fee.

      Section 8.  Applicants for certificates to practice medicine, surgery, or obstetrics in the State of Nevada shall be required to present a diploma from a legally recognized college, and to pass a satisfactory examination before the State Board of Medical Examiners as to his or her qualifications. The applicant must appear personally before the Board, and the examination shall be conducted in the English language, and shall be, in whole or in part, in writing, and in each branch shall obtain seventy-five per cent, and shall be on the following subjects, to wit: Anatomy, physiology, materia medica and therapeutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose, throat, brain, genito-urinary system. Said examination shall be fair and impartial, and the questions of such a character as will determine the fitness of the applicant to practice his, or her, profession. When applicant applies for examination in materia medica and therapeutics, and theory and practice of medicine, he shall designate in which school of medicine he desires to practice, and only the member or members of the Board who belong to the school so designated shall participate in this part of the examination. Examinations shall be practical in character, and designed to discover the applicant’s fitness to practice medicine and surgery. If an applicant fail in his first examination, he may, after not less than six months, be reexamined, without additional fee. If he fail in a second examination he shall not thereafter be entitled to another examination in less than one year after the date of second examination, and shall be required to pay for such examination the full fee. The examination papers shall form a part of the records of said Board, and shall be kept on file by the Secretary, and said records shall be open to public inspection whenever requested after the examination. Each applicant, on making application, shall pay to the Secretary of the Board a fee of twenty-[five] ($25) dollars at the same time the diploma and affidavit is filed with him, and this fee shall not be returned in the event of the applicant’s failing to pass a satisfactory examination. Any person who may hereafter be granted a license to practice medicine and surgery in this State under this Act upon the grounds of reciprocity with other States and without examination, shall pay a fee of twenty-five ($25) dollars for such license.

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

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

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

      Section 17.  Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of wilful, deliberate, and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree; but, if such person shall be convicted on confession in open court, the Court shall proceed, by examination of witnesses, to determine the degree of the crime, and give sentence accordingly. Every person convicted of murder in the first degree shall suffer death or confinement in the State Prison for life, at the discretion of the jury trying the same; or upon a plea of guilty the Court shall determine the same; and every person convicted of murder of the second degree shall suffer imprisonment in the State Prison for a term of not less than ten years, and which may be extended to life.

Malice implied, when.

Murder, first degree, when

Jury to designate degree.

Jury to fix penalty.

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

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

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

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

Duties of Registry Agents.

What registration shall state.

What registration shall state.

Registry Agents to attend office between 7 and 9 p. m., when.

Oath required of elector, when

What oath must state.

elector, last place of residence of elector before coming to Nevada, first place of residence of elector in Nevada, together with the number of the ward or name of precinct, and a particular description of the house, building or room in which the elector resides; such as will enable the officer or person desiring to serve notice of objection to vote to find the same without difficulty; and when the person so registered shall be of foreign birth, the fact of the exhibition of or failure to exhibit his certificate of naturalization shall be noted in the column provided for that purpose, which list, properly entered, as in this section required, shall be known as the “Official Register” of elections of their respective townships; provided, that for ten days next preceding the day set for closing the registry before any election mentioned in this Act, said Registry Agents shall also be in attendance at their respective offices, and ready to register the names of applicants, at any time between the hours of seven and nine o’clock p. m., in addition to the hours heretofore required in this section; and provided further, that if any person shall fail or refuse to give his residence and the other information, with the particularity required in this section, he shall not be registered.

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

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

      First-Are you a citizen of the United States?

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

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

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

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

      If any of the foregoing questions shall be answered in the negative, except the fifth, or that in the affirmative, the applicant shall not be registered; but if the applicant answer all the foregoing questions in the affirmative, except the fifth, and that in the negative, and the Registry Agent shall still believe from the answers to such further questions as he may be led by circumstances to ask, that the applicant is not a qualified elector, he shall refuse to register the name of said applicant.

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

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

      Section 8.  On the day next succeeding that on which the registration of electors, prior to any election mentioned in this Act, shall have been closed, the Registry Agents shall, with all reasonable expedition, prepare, and cause to be written or printed, a full and complete list of all the names registered by them, and then remaining on the official register, for each election district, alphabetically arranged, commencing always with the surname of each; and they shall have printed or written such reasonable number of copies of each district list as in their judgment may be necessary, at least five copies of which they shall cause to be posted up in as many public and conspicuous places within the district to which they apply, and the remainder of such lists shall be distributed among the electors of the respective districts.

Agent may refuse registration, when.

Applicant may use mandamus.

Challenge, how effected.

Proviso.

District Judges, duties of.

Resident, construed.

One registration holds for entire year.

Registry Agent to publish names of voters.

May be challenged twenty days preceding election.

Service, when good.

Registry Agent may allow or disallow challenge.

registered by them, and then remaining on the official register, for each election district, alphabetically arranged, commencing always with the surname of each; and they shall have printed or written such reasonable number of copies of each district list as in their judgment may be necessary, at least five copies of which they shall cause to be posted up in as many public and conspicuous places within the district to which they apply, and the remainder of such lists shall be distributed among the electors of the respective districts. The Registry Agents shall give notice in said lists that they will receive objections to the right to vote, on the part of any person so registered, until six o’clock p. m. on the twentieth day previous to the day of election; and also requesting all persons whose names may be erroneously entered in said lists to appear at his office and have such error corrected. Such objections to the right to vote shall be made only by a qualified elector in writing, setting forth the ground of objection or disqualification, and sworn to or affirmed to, to the best of his knowledge and belief. A copy of such written objections, with the name of the objector, together with a copy of notice, requiring the person objected to to appear before the Registry Agent at a time certain and specified therein, and answer under oath such questions as may be propounded to him by the Registry Agent touching his qualifications as an elector, shall be served on the person objected to, and such service shall be good when left at the place of residence of such person objected to, as the same shall appear in the official register, however general or indefinite may be the description of the same in said register. And no such objections shall be tried unless it shall appear by the return by an officer, or the sworn statement of an elector within the county, appended to such notice, that such objections and notice were by him duly served by copy, as in this section of this Act required. At the time specified in the notice, or at such further time as the hearing may be adjourned to, the Registry Agent, upon being satisfied from the return or affidavit that proper service of notice has been had, as in this section provided, shall proceed to examine such person (if present), under oath, touching all matters specified in such written objections, and respecting his general qualifications as an elector, and the testimony of the person making the objections, and any further evidence offered (which the Registry Agent before whom objections are made may desire to hear in relation thereto). If the Registry Agent shall be satisfied, from the answers under oath of the person objected to, or other evidence, that he is not a qualified elector, as required by law, for the next ensuing election; or if such person, so notified as hereinbefore provided and required, shall fail to appear at the time set, or shall fail to show cause for his non-appearance, it shall be the duty of the Registry Agent to erase his name from the official register;

provided, that any person whose name may have been so erased, may apply to the District Court or the Judge thereof, as is provided in section six of this Act.

Right of recourse.

Chap. XCV.–An Act to amend section forty-four of an Act entitled “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, approved February 28, 1879, approved March 9, 1889.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  That section forty-four of “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, as amended February 28, 1879, and as further amended March 9, 1899, be and the same is hereby amended so as to read as follows:

      Section 44.  Every railroad company operating its line or lines of railroad wholly or in part in this State shall make an annual report to the Secretary of the State of Nevada, or to such other officer as may be provided by law, of the operations of such railroad company during the year ending on the thirtieth day of June in each last preceding year, which report shall be verified by the oath of the president, vice-president, or managing officer having charge of the operations and business of such railroad company, and also by the oath of the auditor or other person having charge of the accounts of such railroad company, and shall file such report in the office of the Secretary of State aforesaid on or before the first day of October in each year, and shall state in each report:

      First-The capital stock of such company, and the actual cash capital paid in on such stock by the members of such company.

      Second-The amount of cash expended for the purchase of lands for the construction of the road of such company, the cost of the construction of such road, and the cost of buildings, engines and cars, respectively, used by such company in this State.

      Third-The amount and the nature of indebtedness of such company and the amount due to such company.

      Fourth-The amount received by such company for the transportation of all passengers, and all freight, property, mails and express matter over the road or roads of such company, together with all amounts received by such company from all other sources in connection with such road.

      Fifth-The amount of freight of all kinds transported over the road or roads of such company, specifying the quantity of such freight in tons.

Act concerning railroad companies.

Must file annual report with Secretary of State.

What report must contain.

Form of report prescribed by Secretary of State: his duties relative thereto.

Proviso.

Penalties for neglect to file report.

Duties of Attorney-General.

over the road or roads of such company, specifying the quantity of such freight in tons.

      Sixth-The amount paid by such company for the repairs of engines, cars, buildings, and other expenses, in gross, showing the current expenses of running such road.

      Seventh-The number and amount of dividends declared by such company and when such dividends were paid.

      Eighth-The number of engine houses and shops, together with the number of engines and cars, and the character of the same.

      Ninth-The net profits of such company during such year.

      Tenth-It shall be the duty of the Secretary of State of the State of Nevada to prescribe the form of such report, making said form conform as nearly as practicable with the form prescribed in similar cases by the Interstate Commerce Commission, and on or before the thirtieth day of June in each year, it shall be the duty of said Secretary of State, or the duty of the officer by whom such report may be from time to time required, to furnish to every such railroad company, in duplicate, blanks of the form required and prescribed by him for the making of such reports, which blanks and a demand for the return thereof, properly filled out, shall be forwarded to such railroad company by sending same to the resident agent within the State, by United States registered mail, and such officer shall serve such forms or blanks and demand the return thereof in such manner (keeping a record in his office of the date of forwarding the same), and shall require a receipt to be furnished to him by every such railroad company, showing the date at which such blank forms and demand were received by such railroad company; provided, if such railroad has no resident agent, said form shall be deposited with the Secretary of State, and such deposit shall be deemed a service.

      Eleventh-If any such railroad company shall neglect or fail to comply with the requirements of this Act and he shall fail to make, execute and return the reports hereby required of it by such demand of the Secretary of State or other officer charged by law with the duty of requiring such reports for more than thirty days after the first day of October in each year, said railroad company shall be liable for, and shall forfeit and pay to the State of Nevada for such neglect, a penalty of twenty thousand dollars. And it shall be the duty of the Attorney-General of the State to commence an action in the name of the State of Nevada for the recovery of such penalty, and the court shall render judgment therefor against such company and such action shall not be dismissed or compromised except upon the full payment of the sum of such penalty, together with all costs of such action, and execution shall issue against the property of such company until such judgment shall be fully satisfied.

      Sec. 2.  If the Secretary of State or such other officer whose duty it may be to furnish such forms shall fail or neglect to furnish and serve the same as herein provided, he shall be liable to the State of Nevada on his official bond in each case to the amount of the penalty herein prescribed to be imposed on such railroad for failure to file the herein prescribed report.

duty it may be to furnish such forms shall fail or neglect to furnish and serve the same as herein provided, he shall be liable to the State of Nevada on his official bond in each case to the amount of the penalty herein prescribed to be imposed on such railroad for failure to file the herein prescribed report.

      Sec. 3.  Said section forty-four as heretofore existing, and all Acts and parts of Acts in conflict with this Act are hereby repealed; provided, that nothing contained herein shall be construed as repealing or in any way conflicting with or impairing any of the provisions of an Act entitled “An Act to regulate railroads, telegraph and telephone companies and other common carriers in this State, creating a Railroad Commission, constituting the Governor, 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.” In case of any conflict with said Act, then all the provisions of this Act in conflict with said Act shall be null and void.

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

Penalty for neglect of State Officers

Nothing herein to conflict with Railroad Commissioners Act.

In force.

Chap. XCVI.–An Act to encourage the Nevada Historical Society.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  That the Nevada Historical Society, an organization now in existence (E. D. Kelley, President; G. F. Talbot, Vice-President; Jeanne Elizabeth Wier, Secretary; and A. E. Hershiser, Treasurer, their associates and successors), be, and the same is hereby, recognized as a State institution.

      Sec. 2.  That it shall be the duty of the President and Secretary of said institution to make a report biennially to the Governor as required of other State institutions; said report to embrace the transactions, work, and expenditures of the organization.

      Sec. 3.  That said report shall be published at the expense of the State in the same number that reports of the Secretary of State are published, and one-half thereof distributed as other official reports, the other half thereof to be furnished said Society for its use and distribution. And, to enable the society to augment its collection by effecting exchanges with other societies and institutions, sixty bound copies each of the several publications of the State and of its societies and institutions, except the reports of the Supreme Court, shall be and the same are hereby donated to said Society as they shall be issued, the same to be delivered to the Society by the Secretary of State or other officer having custody of the same, and to include also for deposit in its collections one set of all the publications of the State heretofore issued, not excepting the Supreme Court Reports.

Nevada Historical Society made a State institution.

Biennial report.

Same.

Entitled to State publications.

Appropriation.

Secretary of State or other officer having custody of the same, and to include also for deposit in its collections one set of all the publications of the State heretofore issued, not excepting the Supreme Court Reports.

      Sec. 4.  That there be, and is hereby, appropriated for the years 1907 and 1908 out of any money in the General Fund of the State Treasury not otherwise appropriated the sum of two thousand dollars for the use and benefit of said Nevada Historical Society, to be used under the direction of its officers exclusively, in defraying expenses, collecting and preserving, and for keeper of and exhibiting, historical matter, data and relics, for the benefit of the State, payment to be made accordingly to said Nevada Historical Society upon presentation to the Board of Examiners of duly verified claims therefor, and upon warrants to be drawn by the State Controller.

All bank property to be assessed.

All bank shares to be assessed to the holders.

Full cash value.

Real estate.

Chap. XCVII.–An Act regulating the assessment and taxation of banks and of the shares of stock therein.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  All of the property of every bank in which no shares of stock have been issued shall be assessed to it in the same manner and form as other property is assessed to the owners thereof.

      Sec. 2.  All shares of stock in banks, whether of issue or not, existing by authority of the United States, or of the State of Nevada, or of any other State, Territory, or foreign government, and located within the State of Nevada, shall be assessed to the owners thereof in the county, city, town or district where such banks are located, and not elsewhere, in the assessment of all State, county, town or special taxes, imposed and levied in such place, whether such owner is a resident of said county, city, town or district, or not. All such shares shall be assessed at their full cash value on the first day of May, first deducting therefrom the proportionate value of the real estate belonging to the bank, at the same rate and no greater than that at which other moneyed capital in the hands of citizens and subject to taxation is by law assessed. And the persons or corporations who appear from the records of the banks to be the owners of shares at the close of the business day next preceding the first day of May in each year shall be taken and deemed to be the owners thereof for the purposes of this section.

      Sec. 3.  The real estate belonging to any bank shall be assessed to it in the same manner and form as other real estate is assessed to the owners thereof.

      Sec. 4.  No bank in which shares of stock have been issued shall be assessed upon other property than its real estate and no stockholder in such bank shall be assessed on account of his property interest therein except for his share of stock as hereinbefore provided.

shall be assessed upon other property than its real estate and no stockholder in such bank shall be assessed on account of his property interest therein except for his share of stock as hereinbefore provided.

      Sec. 5.  Every bank in which shares of stock have been issued, and the officers thereof, shall upon the request of the Assessor deliver to him in full, a true and complete list of the names of the stockholders in such bank and of the number of shares owned by each on the close of business on the day preceding the first day of May, as shown by its books and records, and shall also upon such request deliver to the Assessor a true statement of the total number of shares comprising the capital stock of the bank.

      Sec. 6.  Every bank in which shares of stock have been issued shall pay to the tax collector, or other person authorized to collect the taxes of the State, county, city, town or district in which the same is located at the time in each year when other taxes assessed in the said State, city, town or district become due, the amount of the tax so assessed in such year upon the shares in such bank, and if such tax is not so paid the said bank shall be liable for the same and for equal penalties provided for by law in the collection of delinquent taxes upon other property.

      Sec. 7.  The shares of such bank in which shares of stock have been issued shall be subject to the tax paid thereon by the bank or by the officers thereof, and the bank and the officers thereof have a lien on all the shares in such bank and on all the rights and property of the stockholders in the bank and the property thereof for the payment of said taxes.

Real estate only to be assessed to bank.

Assessor to receive true and complete list of stockholders.

Bank held liable for taxes upon its shares.

Lien on shares of stock, when.

Chap. XCVIII.–An Act to authorize the City Council of the City of Reno, Washoe County, Nevada, to issue bonds to provide for the construction of, and to construct a bridge across the Truckee River, with proper approaches at the eastern terminal of Second Street and the western terminal of Scott Street in said city.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of constructing a new bridge across the Truckee River, with proper approaches for the passing of pedestrians and vehicles, from the eastern terminal of Second Street and the western terminal of Scott Street in the City of Reno, Washoe County, State of Nevada, the City Council of said city is hereby authorized, empowered and directed within thirty days after the approval of this Act to issue bonds in the name of said city, not to exceed in amount twenty-four thousand ($24,000) dollars, said bonds to be known as the “Second and Scott Street Bridge Bonds.”

Bonds for additional bridge in Reno.

City Council to prepare bonds.

And to negotiate same.

Denomination, $1,000 each.

Provision for redemption and interest.

Location of new bridge.

      Sec. 2.  The said City Council shall cause said bonds, or as many thereof as may be deemed necessary, to be prepared, and they shall be signed by the Mayor of the City of Reno and the Clerk of said city, and authenticated with the official seal of said city. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond, so they may be removed without injury to the bonds, numbered consecutively, and signed by the City Treasurer.

      Sec. 3.  The said City Council of the City of Reno is hereby authorized to negotiate the sale of said bonds at not less than their face or par value, the proceeds of which shall be placed in what shall be known as the “Second and Scott Street Bridge Fund,” and shall be used only for the purpose of carrying out the provisions of this Act. Payments from said fund shall be paid only on warrants drawn by the City Auditor in payment of obligations contracted under the provisions of this Act.

      Sec. 4.  The said bonds shall be of the denomination of one thousand ($1,000) dollars each; they shall be numbered consecutively, and shall bear interest at the rate of not to exceed five per cent per annum on the second Monday of January of the second succeeding year in which such bonds, or any of them, shall have been issued, and every twelve months thereafter, and on the second Monday of January, A. D. 1912, and every twelve months thereafter, one or more of said bonds shall be redeemed and paid, until all of said bonds so issued shall have been fully taken up and satisfied.

      Sec. 5.  To provide for the payment of the bonds and the interest thereon the issue of which is hereby authorized and directed, said City Council shall make such provisions and set aside such sum from the revenue derived from the various sources of the city government, in such proportion or percentage as is now provided by law and ordinance for the payment of obligations or allowances against said city. At the maturity of said bonds and the coupons thereon they shall be paid by the City Treasurer out of the said “Second and Scott Street Bridge Fund,” and shall thereupon be canceled and marked “Paid” by the City Treasurer; provided, however, that no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The new bridge to be constructed under the provisions of this Act shall be placed at, or as near as practicable, the eastern terminal of Second Street, across the Truckee River, practically at a right angle and intersecting Scott Street where extended, at its western terminal, or to be more explicit: Starting at a point about eighty-seven feet easterly from the Virginia and Truckee right of way on the north bank of the Truckee River, thence south 34 degrees west, 130 feet across the Truckee River, practically at a right angle with Second Street and intersecting Scott Street as projected from its present west end north 63 degrees west, a distance of about 260 feet.

projected from its present west end north 63 degrees west, a distance of about 260 feet. Said bridge shall be of uniform width, affording proper space for separate sidewalk, or walkway, roadway for vehicles and space for street-car track, the right of way for which shall be under the control and discretion of the City Council; provided, that all street-car lines using said bridge shall pay at least ten per cent of the cost of construction; and provided further, that no street-car line shall ever acquire or have an exclusive franchise for the use of such bridge.

      Sec. 7.  Said City Council shall, within sixty days from the approval of this Act, determine as to the character of said bridge material to be used, whether of iron, steel, cement, concrete or stone, and when such determination is reached shall advertise for a period of two weeks for plans and specifications for the construction of said bridge, and said Council is hereby authorized to pay not to exceed the sum of two hundred and fifty ($250) dollars for the plans and specifications accepted.

      Sec. 8.  All of the laws in force governing the letting of contracts by Boards of County Commissioners are hereby made applicable to and shall govern the action of the City Council in carrying out the provisions of this Act.

      Sec. 9.  All bills contracted by the City Council in carrying out the provisions of this Act shall be filed with the City Clerk and considered by the City Council, allowed and paid as other bills are presented and paid by the City of Reno.

      Sec. 10.  Said City Council is hereby restricted and restrained from contracting for any labor, material or obligation of any character in the construction of said bridge in the excess of the amount made possible by the issuance of bonds as herein provided, on pain of individual and personal liability for the full amount of such excess, and should any money remain in the fund hereinbefore stated unexpended such amount shall revert to the General Fund of the city and be used in connection with said fund.

Provisos.

Material.

Cost of plans limited.

Letting of contract.

Bills, how paid.

Cost of work restricted.

Chap. XCIX.–An Act to amend sections three, four and eight of an Act entitled “An Act consolidating certain county officers in Lyon County, and regulating the compensation of the county officers in said county,” approved March 16, 1891, approved February 18, 1893, approved March 10, 1897, approved March 13, 1905.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

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

Lyon County salaries.

Clerk.

Recorder

Offices consolidated.

      Section 3.  On and after the first day of March, nineteen hundred and seven, the County Clerk, as ex officio County Treasurer, shall receive an annual salary of one thousand five hundred dollars, which shall be in full compensation for all services, both as County Clerk and ex officio County Treasurer. He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be turned into the county treasury. He shall furnish the Board of County Commissioners, on the first Monday of each and every month, an itemized statement, under oath, of the amount of fees so collected and date of entry on the books of the Treasurer’s office when said fees were turned into the county treasury. The said County Clerk shall have authority in cases of emergency, by and with the consent of the Board of County Commissioners of Lyon County, by order duly entered in its minutes, to appoint one or more deputies, at a salary not to exceed seventy-five dollars per month each, to be paid out of the General Fund of Lyon County, and who shall continue to be paid said salary only during the pleasure and consent of said Board.

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

      Section 4.  On and after the first day of March, nineteen hundred and seven, the County Recorder, as ex officio County Auditor of Lyon County, shall receive an annual salary of fifteen hundred dollars, which shall be in full compensation for all services of every nature and kind performed by him for said county as County Recorder and ex officio County Auditor, or by virtue of each or either of said offices. He shall make no charge for services performed for the county, but all fees of every kind authorized by law, and by virtue of said office, shall be collected by him and paid to the County Treasurer on the first Monday of each and every month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees legally collectible, or collected by him in his official capacity during the month previous, and also file a duplicate copy thereof with the Board of County Commissioners. The said County Recorder shall have authority in cases of emergency, by and with the consent of the Board of County Commissioners of Lyon County, by order duly entered in its minutes, to appoint one or more deputies at a salary of seventy-five dollars per month each, to be paid out of the General Fund of Lyon County, and shall continue to be paid said salary only during the pleasure and consent of said Board.

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

      Section 8.  On and after the first day of March, nineteen hundred and seven, the following county offices in Lyon County shall be and are hereby consolidated: The District Attorney shall be ex officio County Superintendent of Public Schools, and shall from said first day of March, nineteen hundred and seven, receive an annual salary of fifteen hundred dollars, which shall be in full compensation for all services performed by him as District Attorney and ex officio Superintendent of Public Schools of Lyon County.

Attorney shall be ex officio County Superintendent of Public Schools, and shall from said first day of March, nineteen hundred and seven, receive an annual salary of fifteen hundred dollars, which shall be in full compensation for all services performed by him as District Attorney and ex officio Superintendent of Public Schools of Lyon County.

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

Repeal.

Chap. C.–An Act to amend an Act entitled “An Act reapportioning Senators and Assemblymen of the several counties to the Legislature of the State of Nevada,” and to repeal all other Acts in relation thereto.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The apportionment of Senators and Assemblymen in the several counties of this State shall be as follows:

      Churchill County, one Senator and two Assemblymen;

      Douglas County, one Senator and one Assemblyman;

      Elko County, two Senators and four Assemblymen;

      Esmeralda County, two Senators and six Assemblymen;

      Eureka County, one Senator and two Assemblymen;

      Humboldt County, two Senators and three Assemblymen;

      Lander County, one Senator and two Assemblymen;

      Lincoln County, one Senator and three Assemblymen;

      Lyon County, one Senator and two Assemblymen;

      Nye County, two Senators and seven Assemblymen;

      Ormsby County, one Senator and three Assemblymen;

      Storey County, one Senator and four Assemblymen;

      Washoe County, two Senators and seven Assemblymen;

      White Pine County, one Senator and two Assemblymen.

      Sec. 2.  Nothing in this Act shall be so construed as to affect the term of office of Senators and Assemblymen now in office.

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

Reapportionment of Senators and Assemblymen.

Not to affect present term.

Repeal.

Chap. CI.–An Act adding a new section, to be known as Section 83 1/2, to an Act entitled “An Act concerning crimes and punishments,” approved November 26, 1861, and relating to fraudulent checks, bills or notes.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  A new section is hereby added to an Act entitled “An Act concerning crimes and punishments,” approved November 26, 1861, to be known as Section 83 1/2, and to read as follows:

Uttering false paper.

Penalty.

approved November 26, 1861, to be known as Section 83 1/2, and to read as follows:

      Section 83 1/2.  Every person who shall make, pass, utter or publish, with the intention to defraud any other person or persons, firm, corporation or body politic, any bill, note, check or other instrument in writing for the payment of money or the delivery of other valuable property, directed to, or drawn upon, any real or fictitious person, bank, firm, partnership, or corporation, when, in fact, such person shall have no money, property or credit, or shall have insufficient money, property, or credit with the drawee of such instrument to meet and make payment of the same, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the State Prison for not less than one nor more than ten years.

Vendor must make affidavit reciting list of creditors.

Form of affidavit.

Chap. CII.–An Act to regulate the purchase, sale, transfer, and encumbrance of a stock of goods, wares, or merchandise, in bulk, or of any portion of a stock of goods, wares and merchandise, otherwise than in the usual course of trade, and prescribing penalties for the violation thereof.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  It shall be the duty of every person who shall bargain for or purchase any portion of a stock of merchandise, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller’s business, or an entire stock of merchandise in bulk, for cash or on credit, before paying to the vendor or his agent or representative, or delivering to the vendor or his agent or representative, any part of the purchase price thereof or any promissory note or evidence therefor, to demand of and receive from such vendor or agent, or if the vendor or agent be a corporation, then from the president, vice-president, secretary, or managing agent of such corporation, a written statement, sworn to substantially as hereinafter provided, of the names and addresses of all the creditors of said vendor to whom said vendor may be indebted, together with the amount of the indebtedness due or owing or to become due or owing by said vendor, to each of the said creditors, and it shall be the duty of the said vendor or agent to furnish such statement, which shall be verified by an oath, to the following effect:

      Before me, personally appeared (vendor or agent as the case may be) who being by me first duly sworn upon his oath, did depose and say that the foregoing statement contains the names of all the creditors of (name of vendor), together with their addresses, and that the amount set opposite each of said respective names is the amount now due and owing, and which shall become due and owing by (vendor) to such creditors, and that there are no creditors holding claims due or which shall become due for or on account of goods, wares or merchandise purchased upon credit or on account of money borrowed to carry on the business of which said goods are a part, other than as set forth in said statement and in this affidavit that are within the personal knowledge of the affiant.

addresses, and that the amount set opposite each of said respective names is the amount now due and owing, and which shall become due and owing by (vendor) to such creditors, and that there are no creditors holding claims due or which shall become due for or on account of goods, wares or merchandise purchased upon credit or on account of money borrowed to carry on the business of which said goods are a part, other than as set forth in said statement and in this affidavit that are within the personal knowledge of the affiant.

      Subscribed and sworn to before me this ..... day of ...................., A. D. ......

      Sec. 2.  Whenever any person shall bargain for or purchase any portion of a stock of merchandise otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller’s business, or an entire stock of merchandise in bulk, for cash or on credit, and shall pay any part of the price, or execute and deliver to the vendor thereof or to his order, or to any person for his use, any promissory note or other evidence of indebtedness, to give credit, whether or not evidenced by promissory note or other evidence of indebtedness, for said purchase price or any part thereof, without at least five days previously thereto having demanded and received from the said vendor or his agent the statement provided for in Section 1 of this Act, and verified as there provided, and without notifying also at least five days previously thereto, personally or by registered mail, every creditor as shown upon said verified statement of said proposed sale or transfer is to be made, and the time and conditions of payment, and without paying or seeing to it that the purchase money of said property is applied to the payment of bona fide claims of the creditors of the vendor as shown upon said verified statement, share and share alike, such sale or transfer shall be fraudulent and void.

      Sec. 3.  Any vendor of any portion of a stock of merchandise otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller’s business or an entire stock of merchandise in bulk, or any person who is acting for or on behalf of such vendor shall knowingly or wilfully make or deliver or cause to be made or delivered a statment as provided for in Section 1 of this Act, which shall not include the names of all the creditors of such vendor with the correct amount due and to become due to each of them, or which shall contain any false or untrue statement, shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment in the Penitentiary for not less than one, nor more than five years, or shall be fined in any sum not exceeding $2,000, or both fine and imprisonment.

      Sec. 4.  Any sale or any transfer of any portion of a stock of merchandise otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller’s business or an entire stock of merchandise in bulk, or whenever an interest in or to the business or trade of the vendor is sold or conveyed, such shall be deemed a sale and transfer in contemplation of this Act; provided, however, that if such vendor produces and delivers a written waiver of the provisions of the Act from at least a majority in number and amounts of his creditors as shown by such verified statement, then and in that case, the provisions of this Act shall not apply.

Aforesaid creditors to be notified.

Penalty for neglect of foregoing provisions.

Sale or transfer defined.

Proviso.

Who are vendors.

In effect.

business or an entire stock of merchandise in bulk, or whenever an interest in or to the business or trade of the vendor is sold or conveyed, such shall be deemed a sale and transfer in contemplation of this Act; provided, however, that if such vendor produces and delivers a written waiver of the provisions of the Act from at least a majority in number and amounts of his creditors as shown by such verified statement, then and in that case, the provisions of this Act shall not apply.

      Sec. 5.  Sellers, or vendors and purchasers, under this Act shall include corporations, copartnerships, and individuals, but nothing contained in this Act shall apply to sales or transfers by executors, administrators, receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy or by any public officer under judicial process.

      Sec. 6.  This Act shall take effect upon approval.

Railroad franchise in Churchill County.

Proviso.

Work, when begun and completed.

Railroad Acts to apply.

Chap. CIII.–An Act granting a franchise unto F. T. Torpey, his associates, successors and assigns, to build, complete and operate a traction cable road from Fallon to Fairview, with branch lines to Eastgate, Wonder and Westgate, all in Churchill County, and across the highways and certain lands between said termini.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The right of way to locate, construct and maintain a roadway, with a cable, and operate thereon cars for the transportation of passengers and freight, the whole to be operated by steam or electrical motive power over or along such route as may be deemed most feasible and advantageous, from Fallon, in Churchill County, to Fairview, with branch lines to Eastgate, Wonder and Westgate, all in said county, is hereby granted to F. T. Torpey, his associates, successors and assigns, for the term of fifty (50) years; provided, the right of way hereby granted shall not exceed one hundred (100) feet in width; and provided further, that the construction of said traction cable road shall be commenced within one year from the passage of this Act, and be completed within two years thereafter.

      Sec. 2.  That the said F. T. Torpey, his associates, successors and assigns, shall have, and are hereby given, all the rights, privileges and franchises conferred upon railroad companies by the Act entitled “An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the Acts amendatory thereof and supplemental thereto, as far as the same are consistent with the provisions of this Act.

Chap. CIV.–An Act to prevent the desecration of the flag of the United States and of the flag of this State.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Any person who, in any manner, for exhibition or display puts or causes to be placed, any inscription, design, device, symbol, portrait, name, advertisement, words, character, marks or notice whatever upon any flag or ensign of the United States, or State flag of this State or ensign evidently purporting to be either of said flags or ensign, or who in any manner appends, annexes or affixes to any such flag or ensign any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who displays or exhibits or causes to be displayed or exhibited, any flag or ensign, evidently purporting to be either of said flags, upon which shall in any manner be put, attached, annexed, or affixed any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who publicly or wilfully mutilates, tramples upon, or who tears down or wilfully and maliciously removes while owned by others, or otherwise defaces or defiles any of said flags, or ensign, which are public or private property, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding two hundred and fifty dollars or imprisonment not exceeding one year, or both; provided, however, that this Act shall not apply to flags or ensigns the property of or used in the service of the United States or of this State, upon which inscription, names of actions, words, marks or symbols are placed pursuant to law authorized regulations.

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

Penalty for desecration or degradation of U. S. flag or State flag.

In effect.

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

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

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

      Section 9.  This Act shall take effect on the first day of July, one thousand nine hundred and five; provided, that any person or persons applying for a license under this Act shall only be required to pay a license fee for the remainder of the calendar year current when such application shall be made, apportioned at the annual rate.

First license for not less than one-quarter year.

No license money refunded.

July, one thousand nine hundred and five; provided, that any person or persons applying for a license under this Act shall only be required to pay a license fee for the remainder of the calendar year current when such application shall be made, apportioned at the annual rate. For the purpose of such apportionment each calendar year shall be divided into quarters beginning on the first days of January, April, July, and October, and in making the apportionment no period less than a quarter shall be considered. Persons applying for licenses at any time during a given quarter, however short the unexpired portion of such quarter may be, shall pay for the whole quarter; and nothing herein shall be construed as to entitle the person or persons who have paid for such license to have any part of the same refunded in the event of such person or persons not continuing to sell or dispose of such liquors until the end of the calendar year in which the license is issued; nor shall it be so construed as to permit the issuance of licenses to expire otherwise than with the calendar year in which issued.

White Pine County salaries.

Sheriff.

Jailer.

District Attorney.

Takes effect in 1909.

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

[Approved March 20, 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 White Pine County named in this Act shall receive the following salaries, fees and mileage as now provided by law:

      The Sheriff and ex officio Assessor and License Collector shall receive two thousand four hundred ($2,400) dollars per annum and such fees and mileage as now allowed by law. He shall on all money collected from sheep licenses retain twenty per cent for his commission for collecting the same. He shall also appoint a Deputy Sheriff, who shall receive one thousand five hundred ($1,500) dollars per annum.

      The Sheriff shall also appoint one Jailer who shall act as Jailer and Janitor and Night Watchman of the Court House, who shall receive a salary of one thousand two hundred ($1,200) dollars per annum.

      The District Attorney and ex officio Superintendent of Public Schools shall receive in addition to the salary now provided by law forty cents (40c) per mile for each mile actually traveled one way, in cases in which White Pine County is involved.

      Sec. 2.  All Acts and parts of Acts providing for the offices and salaries of officers of White Pine County and in force at the date of the approval hereof, are hereby continued in force up to and until the first Monday [in] 1909, on which day and date all Acts and parts of Acts in conflict with the provisions of this Act shall stand repealed.

date all Acts and parts of Acts in conflict with the provisions of this Act shall stand repealed.

Chap. CVII.–An Act fixing the fees and compensations of witnesses in criminal cases in and for the County of Humboldt and providing payment therefor.

[Approved March 20, 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 witnesses summoned on behalf of the State, within and for the County of Humboldt in the District Court shall receive as compensation two dollars and fifty cents per diem from the date of their appearance at court (as per summons) until excused. The Clerk of said [Court] shall keep a pay roll, enrolling thereon all names of witnesses, the number of days in attendance and the actual number of miles traveled by the most practical route in coming to and going from said court for which such witness shall receive ten cents for each mile so traveled. The Clerk of said Court shall forthwith give a statement of such amount to the County Auditor, who shall draw his warrant upon the County Treasurer for the payment of such witness.

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

Fees and mileage for witnesses in criminal cases in Humboldt County.

Defendant to have two witnesses at county’s expense, when.

Proviso.

Chap. CVIII.–An Act for the relief of Josephine A. Roberts.

[Approved March 21, 1907.]

      Whereas, On the first day of January, 1907, Governor Sparks appointed Josephine A. Roberts clerk in his office, the clerical work having increased to such an extent that the Governor’s Private Secretary was unable to keep up with it, [and] there is now due to Josephine A. Roberts the sum of two hundred dollars for services rendered; now, therefore,

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 the General Fund of the State to pay Josephine A.

Preamble.

Appropriation for Josephine A. Roberts.

Duties of Controller and Treasurer.

appropriated out of the General Fund of the State to pay Josephine A. Roberts for services rendered as Clerk in the Governor’s office from the first day of January, 1907, to the first day of March, 1907.

      Sec. 2.  The State Controller is hereby authorized to draw his warrant in favor of Josephine A. Roberts for the sum of two hundred dollars, and the State Treasurer is hereby directed to pay the same.

Humboldt County salaries.

Sheriff.

Deputy.

Traveling expenses.

Recorder.

Deputies.

Clerk.

Chap. CIX.–An Act to amend an Act entitled “An Act fixing the salaries and compensations of the officers of Humboldt County, and consolidating certain offices in said county, and to repeal all other Acts in relation thereto,” approved March 9, 1891, approved March 6, 1899, approved March 20, 1903, approved March 13, 1905.

[Approved March 20, 1907.]

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

Assembly, do enact as follows:

      Section 1.  On and after the passage of this Act the Sheriff of Humboldt County shall receive the sum of twenty-four hundred dollars per annum, which shall be compensation in full for all services rendered. The Sheriff shall pay into the county treasury each month all moneys collected by him as fees. The Deputy Sheriff shall receive the sum of fifteen hundred dollars per annum as salary, and he shall act as jailer, without further compensation; provided, that when it becomes necessary for the Sheriff to travel from the county seat, he shall be allowed his necessary expenses therefor. He shall present to the Board of County Commissioners a bill of items of such necessary expenses actually paid, which shall be certified under oath, and the Board of County Commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed.

      Sec. 2.  The County Recorder, and as ex officio Auditor, shall receive the sum of two thousand dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the county treasury each month all moneys collected by him as fees. He shall have authority to appoint a deputy who shall receive the sum of twelve hundred dollars per annum, which shall be compensation in full for all services rendered; and the Board of County Commissioners shall have authority to employ such extra assistants for said County Recorder as in their judgment the business of his office may require, and to fix the compensation of such assistant or assistants, and to prescribe the time for which they shall be employed. The County Clerk, and as ex officio Clerk of the Board of County Commissioners, shall receive the sum of fifteen hundred dollars per annum. The County Commissioners are hereby authorized to furnish additional help to the County Clerk as in their judgment will be necessary and fix their compensation.

help to the County Clerk as in their judgment will be necessary and fix their compensation. The County Treasurer shall receive the sum of sixteen hundred dollars per annum. The County Assessor shall receive the sum of twenty-four hundred dollars per annum, which sum shall be compensation in full for all services rendered by him or his deputy. The District Attorney shall receive the sum of eighteen hundred dollars per annum.

      Sec. 3.  The County Commissioners shall receive the following compensation, viz: The County Commissioner who resides at the county seat shall receive the sum of seven hundred dollars per annum, and he shall be ex officio Superintendent of the County Hospital or County Hospital for Indigent Sick, subject to the approval of the Board of County Commissioners, and the other County Commissioners shall each receive the sum of six hundred dollars per annum; provided, that they shall receive such mileage as is now allowed by law, and shall all meet regularly on the first Monday of each month at the Court House of said county for the transaction of all business that may come before them.

      Sec. 4.  The office of Superintendent of Public Schools is hereby consolidated with the office of District Attorney.

      Sec. 5.  No allowance shall be made by the Board of County Commissioners for the compensation of any deputy or deputies for any of the officers named in this Act, except as herein specially provided.

      Sec. 6.  All salaries herein provided for, and not otherwise payable, shall be payable monthly, in twelve equal installments. The County Auditor shall, on the first Monday of each month, draw his warrant on the Salary Fund in favor of each of the officers named herein, for the salary due said officer for the last preceding month, and the County Treasurer shall pay said warrant out of said fund.

      Sec. 7.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Deputies.

Treasurer.

District Attorney.

Commissioners.

Mileage.

Consolidation.

Restriction as to Deputies.

Salaries payable monthly.

Repeal.

Chap. CX.–An Act fixing the salaries and compensation of county officers of Churchill County, State of Nevada.

[Approved March 20, 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, 1907, the county officers of Churchill County, named in this Act, shall receive the following salaries and fees in full compensation for their services.

      Sec. 2.  The Sheriff shall receive the sum of two thousand dollars ($2,000) per annum and such fees as are allowed by law in civil cases; he shall have authority to appoint a deputy with an annual salary of seven hundred and twenty dollars ($720).

Churchill County salaries.

Sheriff.

Deputy.

Recorder.

Deputies.

Clerk.

Treasurer.

Assessor.

District Attorney.

Commissioners.

Salaries payable monthly.

Repeal.

with an annual salary of seven hundred and twenty dollars ($720).

      Sec. 3.  The County Recorder and ex officio Auditor shall receive the sum of eighteen hundred dollars ($1,800) per annum. All fees authorized by law shall be collected by him and paid to the County Treasurer on the first Monday of each and every month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month previous, and also a duplicate copy thereof with the Board of County Commissioners. He is authorized to appoint deputies, the salaries of such deputies to be fixed by the Board of County Commissioners. The appointment of such 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. 4.  The County Clerk and ex officio Clerk of the Board of County Commissioners shall receive the sum of fifteen hundred dollars ($1,500) per annum. All fees authorized by law shall be collected by him and paid to the County Treasurer on the first Monday of each and every month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month previous, and also a duplicate copy thereof with the Board of County Commissioners.

      Sec. 5.  The County Treasurer shall receive the sum of twelve hundred dollars ($1,200) per annum.

      Sec. 6.  The County Assessor shall receive the sum of fifteen hundred dollars ($1,500) per annum in full for all services rendered by him and his deputy.

      Sec. 7.  The District Attorney shall receive the sum of one thousand dollars ($1,000) per annum, and he shall also receive the sum of two hundred dollars ($200) as ex officio Superintendent of Public Schools.

      Sec. 8.  The County Commissioners shall each receive the sum of six hundred dollars ($600) per annum, which shall be compensation in full for all services rendered.

      Sec. 9.  All salaries herein provided for shall be payable monthly in twelve equal installments. The County Auditor shall on the first Monday of each month draw his warrant on the Salary Fund in favor of each of the officers named herein for the salary due said officer for the last preceding month, and the County Treasurer shall pay said warrant out of said fund.

      Sec. 10.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

Chap. CXI.–An Act to fix the State tax levy, and to distribute the same in the proper funds.

[Approved March 22, 1907.]

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

Assembly, do enact as follows:

      Section 1.  For the fiscal year commencing January first, nineteen hundred and seven, and annually thereafter, an ad valorem tax of seventy cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for State purposes, upon all taxable property in this State, including net proceeds of mines and mining claims, except such property as is by law exempted from taxation. Of the tax hereby levied forty-seven cents shall go into the General Fund of the State; four cents shall go into the Territorial Interest Fund; five and one-tenth cents shall go into the State Interest and Sinking Fund; eight-tenths of one cent shall go into the State University and Sinking Fund; six cents shall go into the General School Fund; one-tenth of one cent shall go into the Contingent University Fund, 1905, No. 1; three-tenths of one cent shall go into the Contingent University Fund, 1905, No. 2; five and seven-tenths cents shall go into the Contingent University Fund, and one cent shall go into the State Orphans’ Home Interest and Sinking Fund.

Ad valorem tax of 70 cents.

How apportioned.

Chap. CXII.–An Act to create a State Text-Book Commission and to authorize said Commission to adopt a uniform series of text-books for the public schools of Nevada, and matters properly connected therewith.

[Approved March 22, 1907.]

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

Assembly, do enact as follows:

      Section 1.  A State Text-Book Commission is hereby created. Such Commission shall consist of the members of the State Board of Education and of four additional members to be appointed by the Governor. Such appointments shall be made before the first day of April, nineteen hundred and seven, and during the month of January every four years thereafter, and such appointees shall be principals of schools employing not less than five teachers, or superintendents, and they shall hold office for four years. If any vacancies occur during the terms of said officers by death, resignation, or removal, the Governor shall fill such vacancy by appointment of some principal or superintendent eligible as described above.

      Sec. 2.  The Governor shall be ex officio President and the Superintendent of Public Instruction ex officio Secretary of said Text-Book Commission. The Secretary shall call a meeting of the Text-Book Commission not later than the first of April, 1907, at which time the Commission shall organize by taking the constitutional oath of office, which oath shall be filed in the office of the Secretary of State, and shall adopt rules of procedure in harmony with the provisions of this Act.

State Text-Book Commission to consist of Board of Education and four appointed members.

Officers of Commission.

Quorum.

Meetings public.

Meetings, where and when held.

Contracts for books.

Changes of books, when and how made.

Sealed proposals.

first of April, 1907, at which time the Commission shall organize by taking the constitutional oath of office, which oath shall be filed in the office of the Secretary of State, and shall adopt rules of procedure in harmony with the provisions of this Act. Four members of the Commission shall constitute a quorum for the transaction of business, but no action shall be taken by the Commission unless a majority of the entire Commission shall vote in favor thereof. All meetings of the Commission shall be public, and the Secretary shall keep a full and complete record of all proceedings, which records shall be open to the inspection of the public. The vote on the adoption of all text-books shall be by roll call and the Secretary shall record the name and vote of each member.

      Sec. 3.  The State Text-Book Commission shall hold its meetings to adopt text-books in the office of the Superintendent of Public Instructor in Carson City on the fourth Tuesday in June, 1907, and on the fourth Tuesday in June every four years thereafter. The Secretary may call special meetings of the Text-Book Commission whenever in his judgment there may be business to transact of such importance as to justify the call, or at the written request of four members of the Commission, stating definitely the purpose of the meeting. At the meeting held the fourth Tuesday in June, 1907, and every four years thereafter, the Commission shall adopt a uniform series of text-books for exclusive use as text-books in all the public schools of the State. If a contract for any text-book adopted at any regular meeting of the Text-Book Commission shall expire, either through the failure of the publishers of said book to fulfill the conditions of the contract, or for any other reason, the Text-Book Commission may adopt another book to take the place of the one on which the contract has lapsed, after notifying text-book publishers as hereinafter provided for in cases of regular adoptions. When regular adoptions are being made the Commission may adjourn from day to day; provided, the session shall not continue beyond six actual days.

      Sec. 4.  Immediately after the first meeting of the Commission, and not later than the first day of April, 1907, and every four years thereafter, if the Commission shall deem it advisable to make changes in the list of prescribed text-books, the Secretary of the Commission shall notify all publishers of text-books who shall have placed their names and postoffice addresses on file with the Superintendent of Public Instruction, to be kept on file in the office of said Superintendent of Public Instruction, that the Text-Book Commission will meet, as herein provided, and will receive sealed proposals, up to twelve o’clock, noon, of said fourth Tuesday of June, for supplying the State of Nevada with a series of text-books for use in all the public schools of the State, for a period of four years from and after the first day of September, 1907, in the following branches, viz: Reading, grammar, arithmetic, geography, history of the United States, physiology and hygiene, writing, spelling, drawing, music, and will also approve other books for supplemental use, as permitted in this Act.

history of the United States, physiology and hygiene, writing, spelling, drawing, music, and will also approve other books for supplemental use, as permitted in this Act. Said sealed proposals shall be made in accordance with a form to be prescribed by the Commission and shall be addressed to the Superintendent of Public instruction, Carson City, Nevada; and shall be indorsed “Sealed proposals for supplying textbooks for use in the State of Nevada.” Said proposals shall include a statement of the introductory price, the exchange price for new books in the hands of the dealers, the exchange price for second-hand books, and the retail price at which the publishers will agree to furnish each text-book to the school children of Nevada at one or more places in each county as shall be designated by the Commission. Whenever any contract shall be terminated by reason of the failure of any contracting publisher to observe the terms of the contract, or when any contract shall cease to be in force and effect, the Text-Book Commission shall notify publishers to this effect, in the manner hereinbefore prescribed, that adoptions will be made to fill out the unexpired time of such contract, and that sealed bids shall be filed with the Superintendent of Public Instruction on or before a date to be determined by the Commission, to be specified in the notification to the publishers.

      Sec. 5.  The publishers, contracting and agreeing to furnish books for use in the State of Nevada under the provisions of this Act, shall cause to be prepared a special map and a special supplement descriptive of Nevada for the geography adopted by said Commission. The map and special descriptive geography of Nevada shall be revised every four years by the publishers. They shall further agree to maintain the mechanical excellence of the books adopted by said Commission, fully equal to the samples submitted, in binding, printing, quality of paper, and other essential features, and the books shall be of the latest revised edition.

      Sec. 6.  It shall be the duty of said Text-Book Commission to meet at the time and place mentioned in said notice and to open all sealed proposals in public, in the presence of a quorum of said Commission, to select and adopt such textbooks for use in the public schools, and to approve such supplemental books as in the opinion of the Commission will best subserve the educational interests of the State; provided, however, that the Text-Book Commission may, at its discretion, reject any and all proposals, if it be deemed by it to be to the interest of the State so to do, and call for new proposals, stating the time when such new proposals shall be opened, which time shall not be later than thirty days from the rejection of the previous proposals.

      Sec. 7.  The series of text-books so selected and approved by said Text-Book Commission shall be certified to by the President and Secretary, and said certificate, with a copy of the books named therein, shall be placed on file in the office of the Superintendent of Public Instruction.

Sealed proposals.

Geographies, special matter for Nevada.

Commission to adopt text-books.

Proviso.

Commission’s choice to be standard for Nevada schools.

Supplemental books allowed.

Contracts to name prices and guarantee depositories.

Bonds for contracting publishers.

Proviso.

Contracts, when in effect.

of the Superintendent of Public Instruction. Such certificate must contain a complete list of all books adopted and approved by said Commission, giving introductory, exchange, and retail prices for which each text-book will be furnished, and the names of the publishers agreeing to furnish the same. The said books named in said certificate shall, for a period of four years, from and after the first day of September next following the date of such adoption, be used in all the public schools of the State to the exclusion of all others; provided, however, that nothing in any part of this Act shall be construed so as to prevent the purchase or use by the district of any supplemental or reference books for use in the schools of this State.

      Sec. 8.  The Text-Book Commission shall have power to make such contracts for the purchase and use of text-books in the name of the State as they shall deem necessary for the interests of the public schools of the State. Such contracts shall set forth the introductory, exchange, and retail price of each text-book, and such prices shall not be less favorable than the prices at which such books are sold in any other State, a fair specified allowance being made for a difference in the cost of transportation and handling; and such contract shall provide, further, that the contracting publisher shall, during the life of the contract, keep on hand at one or more depositories, in each county, as shall be designated by the Commission, a sufficient number of copies of such text-books to supply the needs of the schools of the State, as ordered by the keepers of said depositories.

      Sec. 9.  All publishers contracting to furnish text-books adopted by the Text-Book Commission shall be required to give bonds in an amount equal to one-half of the value of the books to be furnished during one school year, as estimated by the Text-Book Commission, and such bonds shall be forfeited to the State Distributive School Fund if such publishers shall fail to comply with the terms of the contract in any county of the State; provided, however, that such bonds shall not be forfeited through the unauthorized action of text-book dealers in this State if such publisher shall, upon notification by the Superintendent of Public Instruction, promptly correct any violation of contract prices on the part of any local dealer. Upon information furnished by the State Text-Book Commission, the Attorney-General shall bring action for the recovery of the amount of any such bond of any publisher who shall have failed to comply with the terms of any contract, and the full amount named in such bond shall be deemed to be fixed and liquidated damages for the breach of such contract.

      Sec. 10.  Such contract with the publishers of text-books shall not take effect until such publishers shall have filed with the Secretary of State, their bond, with at least two sufficient sureties, or a bond from a bonding company authorized to do business in this State, to be approved by the Governor, and in such sum as shall be determined by the Text-Book Commission.

ized to do business in this State, to be approved by the Governor, and in such sum as shall be determined by the Text-Book Commission.

      Sec. 11.  In case the publishers of any text-books adopted by the Text-Book Commission shall not, on or before the fifteenth day of July next following such adoption, have filed with the Secretary of State a bond as hereinbefore provided, or in case such publishers shall at any time thereafter fail to comply with the terms of such contract, and if within reasonable time, after due notice shall have been given by the Superintendent of Public Instruction, they shall have failed to comply with the conditions of the contract in any respect, the adoption of said books shall become null and void. The text-books adopted by the said Text-Book Commission under this Act shall, upon the compliance of the publishers with the aforesaid conditions, continue in use for the period of four years after the first day of September next following the date of such adoption, to the exclusion of all other text-books.

      Sec. 12.  Whenever the publishers of the books adopted under the provisions of this Act shall have filed their bond as herein provided, it shall be the duty of the Superintendent of Public Instruction to cause all prices of text-books as guaranteed by the publishers to be printed and distributed among superintendents and School Trustees, and it shall be the duty of the School Trustees in each district to cause such prices to be kept constantly posted in a conspicuous place in each school room.

      Sec. 13.  The text-books adopted by the Text-Book Commission shall be used in every public school in the State in the grades for which they are adopted, and no other books shall be used as text-books in such grades; provided, however, that this section shall not be interpreted in such a manner as to prohibit the use of supplemental books purchased by the district. Any school officer or teacher who shall violate the provisions of this Act by requiring the pupils to use text-books other than those adopted by the Text-Book Commission, or by permitting the use of such other books as texts, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars, or more than one hundred dollars. All superintendents and school officers are charged with the execution of this law, and the Superintendent of Public Instruction shall require the Trustees of the several school districts, or the Clerks thereof, to report annually as to the text-books used in their schools.

      Sec. 14.  The members of the State Text-Book Commission shall, with the exception of the Governor, the Superintendent of Public Instruction, and the President of the University, receive the sum of five dollars per diem for each day actually engaged in transacting the business of the Commission, and actual traveling expenses. There is hereby appropriated the sum of five hundred dollars per year, or so much thereof as may be necessary to carry out the provisions of this Act, from the State General Fund.

Contracts void, when.

Prices of text-books to be promulgated

Use of authorized books compulsory.

Penalty.

Annual report.

Per diem of appointed Commissioners.

Repeal.

thereof as may be necessary to carry out the provisions of this Act, from the State General Fund. Bills for such compensation shall be allowed and paid in the usual manner. The State Text-Book Commission shall not be in session more than ten days in any one year.

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

General appropriations for 1907 and 1908.

Governor.

Private Secretary.

Governor’s Clerk.

Lieutenant-Governor.

Secretary of State.

Ex officio Reporter of Decisions.

Deputy.

Clerk.

Stenographer.

Typists.

State Library Clerk.

State Controller.

Chap. CXIII.–An Act making appropriations for the support of the civil government of the State of Nevada for the fiscal years 1907 and 1908.

[Approved March 22, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The following sums of money are hereby appropriated for the purpose hereinafter expressed, and for the support of the Government of the State of Nevada, for the years 1907 and 1908:

      Sec. 2.  For the salary of the Governor, eight thousand dollars ($8,000).

      Sec. 3.  For the salary of the Governor’s Private Secretary, four thousand dollars ($4,000).

      Sec. 4.  For the salary of the Clerk in the Governor’s office, two thousand two hundred dollars ($2,200.)

      Sec. 5.  For the salary of the Lieutenant-Governor and ex officio Adjutant-General, and while presiding as President of the Senate, and while acting as Governor during the sickness or absence of the Governor, three thousand six hundred dollars ($3,600).

      Sec. 6.  For the salary of Secretary of State, and ex officio Clerk of the Supreme Court, and ex officio State Librarian, four thousand eight hundred dollars ($4,800).

      Sec. 7.  For salary of Secretary of State and ex officio Clerk of the Supreme Court and ex officio Reporter of Supreme Court Decisions, one thousand two hundred dollars ($1,200).

      Sec. 8.  For salary of Deputy Secretary of State, four thousand dollars ($4,000).

      Sec. 9.  For salary of Clerk in the Secretary of State’s office, three thousand six hundred and sixty-five dollars ($3,665).

      Sec. 10.  For salary of the Stenographer in the Secretary of State’s office, two thousand three hundred and fifty dollars ($2,350).

      Sec. 11.  For salary of Typists in the Secretary of State’s office, four thousand four hundred dollars ($4,400).

      Sec. 12.  For salary of Clerk of the State Library, two thousand three hundred and fifty dollars ($2,350), to be paid under the direction of the Secretary of State.

      Sec. 13.  For the salary of the State Controller, four thousand eight hundred dollars ($4,800).

      Sec. 14.  For salary of the Deputy State Controller, four thousand dollars ($4,000).

      Sec. 15.  For salary of Typewritting Clerk in the office of Controller of State, two thousand three hundred and fifty dollars ($2,350).

      Sec. 16.  For salary of the State Treasurer, four thousand eight hundred dollars ($4,800).

      Sec. 17.  For salary of Deputy State Treasurer, four thousand dollars ($4,000).

      Sec. 18.  For salary of Clerk in the the office of State Treasurer, two thousand two hundred dollars ($2,200).

      Sec. 19.  For salary of Attorney-General, four thousand dollars ($4,000).

      Sec. 20.  For salary of the Attorney-General as ex officio Mineral Land Commissioner, five thousand dollars ($5,000).

      Sec. 21.  For salary of Stenographer in Attorney-General’s office, two thousand three hundred and fifty dollars ($2,350).

      Sec. 22.  For salary of the Surveyor-General and State Land Register, four thousand eight hundred dollars ($4,800), payable out of the State School fund.

      Sec. 23.  For salary of the Deputy Surveyor-General and State Land Register, four thousand dollars ($4,000).

      Sec. 24.  For salary of Draughtsman in the State Land Office, four thousand dollars ($4,000).

      Sec. 25.  For salary of the Stenographer in the State Land Office, two thousand three hundred and fifty dollars ($2,350).

      Sec. 26.  For salary of Clerks in State Land Office and for transcribing records, four thousand dollars ($4,000), payable out of the State School Fund.

      Sec. 27.  For the purchase of township plats from the United States Surveyor-General’s office, providing that the price per plat shall not exceed six dollars, three hundred dollars ($300), payable out of the State School Fund.

      Sec. 28.  For salary of State Superintendent of Public Instruction and ex officio Curator of State Museum, four thousand dollars ($4,000), payable out of the General School Fund.

      Sec. 29.  For salary of a Typewriting Clerk in the office of Superintendent of Public Instruction, two thousand three hundred fifty dollars ($2,350).

      Sec. 30.  For traveling expenses of the State Superintendent of Public Instruction, eight hundred dollars ($800), payable out of the General School Fund.

      Sec. 31.  For expenses of Teachers’ Institute for 1907 and 1908, three hundred dollars ($300).

      Sec. 32.  For salaries of the Justices of the Supreme Court, twenty-seven thousand dollars ($27,000).

      Sec. 33.  For salary of the Bailiff of the Supreme Court, five hundred dollars ($500).

      Sec. 34.  For salary of the Official Reporter for the Supreme Court, two thousand eight hundred dollars ($2,800).

Deputy.

Clerk.

State Treasurer.

Deputy.

Clerk.

Attorney-General.

Mineral Land Commissioner.

Stenographer.

Surveyor-General.

Deputy.

Draughtsman.

Stenographer.

Clerks in Land Office.

Township plats.

Superintendent of Public Instruction.

Clerk.

Traveling expenses.

Teachers’ Institute.

Supreme Court.

Bailiff.

Official Reporter.

State Printer.

State Printing.

Bookbinding.

New materials, etc.

Nevada Reports.

Insurance, Printing Office.

Official advertising.

Indexing Reports.

State Orphans’ Home.

Teachers at Orphans’ Home.

Repairs, Orphans’ Home.

State Prison.

Death Watch.

Repairs, State Prison.

Hospital for Mental Diseases.

Repairs, etc.

Deaf, dumb, and blind.

District Judges.

Night Watchman of Capitol.

Janitor.

      Sec. 35.  For salary of Superintendent of State Printing, four thousand eight hundred dollars ($4,800).

      Sec. 36.  For support of the State Printing Office, twenty thousand five hundred dollars ($20,500).

      Sec. 37.  For bookbinding, four thousand dollars ($4,000), to be expended under the direction of the Superintendent of State Printing.

      Sec. 38.  For new material and repairs for State Printing Office, one thousand dollars ($1,000).

      Sec. 39.  Printing and binding Nevada Reports No. 29, No. 30, No. 31, four thousand eight hundred dollars ($4,800), to be expended under the direction of the Superintendent of State Printing.

      Sec. 40.  For insurance of State Printing Office, five hundred dollars ($500).

      Sec. 41.  For publication of Supreme Court decisions and official advertising, one thousand two hundred dollars ($1,200).

      Sec. 42.  For indexing and compiling Nevada Reports, one thousand four hundred dollars ($1,400).

      Sec. 43.  For support and maintenance of the State Orphans’ Home, to be expended under the direction of the Board of Directors, thirty-five thousand five hundred and seventy-five dollars ($35,575).

      Sec. 44.  For salary of one teacher and one assistant teacher at the State Orphans’ Home, two thousand five hundred and seventy dollars ($2,570).

      Sec. 45.  For repairs and improvements on buildings of the State Orphans’ Home, and for the purchase of furniture for the same, five thousand five hundred dollars ($5,500).

      Sec. 46.  For support of the Nevada State Prison, ninety-one thousand five hundred and fifteen dollars ($91,515).

      Sec. 47.  For salary and subsistence of the guards called the Death Watch and care of condemned prisoners under sentence of death, six thousand dollars ($6,000).

      Sec. 48.  For repairs and improvements on buildings of the Nevada State Prison, six thousand dollars ($6,000).

      Sec. 49.  For the support of Hospital for Mental Diseases, to be expended under the direction of the Board of Commissioners for the Care of the Indigent Insane, ninety thousand dollars ($90,000).

      Sec. 50.  For repairs and improvements on buildings of Hospital for Mental Diseases, twenty-one thousand three hundred dollars ($21,300).

      Sec. 51.  Tuition and support for the deaf, dumb and blind, seven thousand five hundred dollars ($7,500).

      Sec. 52.  For traveling and necessary expenses of District Judges, eight thousand dollars ($8,000).

      Sec. 53.  For salary of Night Watchman of the Capitol Building, two thousand six hundred and forty ($2,640).

      Sec. 54.  For salary of Janitor of Capitol Building, two thousand six hundred dollars ($2,600).

      Sec. 55.  For salary of Engineer of Library and Capitol Building, two thousand six hundred dollars ($2,600).

      Sec. 56.  For salary of Gardener of the Capitol grounds, two thousand six hundred dollars ($2,600).

      Sec. 57.  For stationery, fuel and lights for State offices and the State Capitol Building and grounds, five thousand dollars ($5,000).

      Sec. 58.  For current expenses, for telegraph, postal and contingent, for the State officers, Supreme Court and State Library, and for transportation of State property, five thousand dollars ($5,000).

      Sec. 59.  For election expenses, purchase of paper, boxing, freights, etc., five hundred dollars ($500).

      Sec. 60.  For expenses of Capitol grounds and waterworks, three thousand dollars ($3,000).

      Sec. 61.  For the support of the University, eighty-five thousand dollars; ten thousand dollars to come from the Interest [Account] 90,000-Acre Grant, fifty-five thousand to come from the Contingent University Fund, and twenty thousand dollars to come from the General Fund, to be expended under the direction of the Board of Regents.

      Sec. 62.  For the installation of central heating plant for the University, twenty thousand dollars ($20,000), and for cement walks, five thousand dollars ($5,000).

      Sec. 63.  For repairs of buildings of University, five thousand dollars ($5,000).

      Sec. 64.  For insurance on Capitol Building, Library Building, Armory Building, State Library, public records and furniture, two thousand dollars ($2,000).

      Sec. 65.  For payment of rewards offered by the Governor, two thousand dollars ($2,000).

      Sec. 66.  For support of the State Board of Health, one thousand dollars ($1,000).

      Sec. 67.  For support of the State Board of Assessors and traveling expenses, four thousand dollars ($4,000).

      Sec. 68.  For the support of the Virginia Mining School, four thousand dollars ($4,000), to be expended under the direction of the State Board of Education.

      Sec. 69.  For the salary of the License and Bullion Tax Inspector, four thousand dollars ($4,000).

      Sec. 70.  For traveling expenses of the License and Bullion Tax Inspector, one thousand five hundred dollars ($1,500).

      Sec. 71.  For writing desks and furniture in the State Land Office, five hundred dollars ($500).

      Sec. 72.  For repairs of the Capitol Building, repairs of the dome, painting the roof, change of sewerage and covering pipes of heating plant, three thousand five hundred dollars ($3,500).

      Sec. 73.  For the transportation and care of military property, purchase of material, typewriting, telegraphing, mileage, care of Armory Building and contingent expenses, one thousand dollars ($1,000).

Engineer.

Gardener.

Lights and fuel, Capitol.

Current expenses, State officers.

Election expenses.

Capitol grounds.

University of Nevada.

Heating plant, University.

Repairs.

Insurance, Capitol.

Rewards.

Board of Health.

State Board of Assessors.

Virginia Mining School.

License Inspector.

Traveling expenses.

Furniture, Land Office.

Repairs, Capitol.

Military uses.

Railroad Commission.

Secretary.

Expenses of Commission.

Storeroom for Controller.

Fish Commissioners.

Water supply for State Buildings.

Desks, etc., for Supreme Court.

Bank Examiner.

Traveling expenses.

State Auditor.

Traveling expenses.

age, care of Armory Building and contingent expenses, one thousand dollars ($1,000).

      Sec. 74.  For salary of the Railroad Commissioners, seventeen thousand five hundred dollars ($17,500).

      Sec. 75.  For salary of the Secretary of Railroad Commission, three thousand one hundred and fifty dollars ($3,150).

      Sec. 76.  For traveling and contingent expenses of Railroad Commission, ten thousand dollars ($10,000).

      Sec. 77.  For fitting up room to store records of the Controller’s office, seven hundred and fifty dollars ($750), to be expended under the direction of the State Controller.

      Sec. 78.  For the necessary expenses of the Board of Fish Commissioners in carrying out the provisions of an Act entitled “An Act to provide for the appointment of a Board of Fish Commissioners, and to define their duties,” approved March 16, 1905, seven thousand two hundred dollars ($7,200).

      Sec. 79.  For the purchase of pipe, construction of a new reservoir and cementing the same to obtain a better water supply for the State buildings, fourteen thousand dollars ($14,000), to be expended under the direction of the Capitol Commissioners.

      Sec. 80.  For the purchase of desks and other improvements, one thousand dollars ($1,000), to be expended under the direction of the Judges of the Supreme Court.

      Sec. 81.  For the salary of Bank Examiner, five thousand one hundred dollars ($5,100).

      Sec. 82.  For traveling expenses of Bank Examiner, two thousand dollars ($2,000).

      Sec. 83.  For the salary of State Auditor, four thousand thousand five hundred dollars ($1,500).

      Sec. 84.  For traveling expenses of the State Auditor, one two hundred dollars ($4,200).

Capitol Commissioners to alter Capitol building.

Approval by Justices.

Chap. CXIV.–An Act providing for certain alterations and improvements in the State Capitol Building.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  Immediately upon the removal of the books from the present library in the Capitol Building, the Board of Capitol Commissioners shall alter said space to the extent of providing separate chambers for the Justices of the Supreme Court, and also provide an office for the Official Reporter of the Supreme Court. Such alterations shall be subject to the approval of the Justices of the Supreme Court.

      Sec. 2.  The Board of Capitol Commissioners is hereby directed to furnish said offices of said Justices of the Supreme Court, when said chambers are so completed, subject to the approval of the Justices of the Supreme Court.

Court, when said chambers are so completed, subject to the approval of the Justices of the Supreme Court.

      Sec. 3.  As soon as the chambers are provided for the Justices of the Supreme Court, the chambers now upon the north of the Supreme Court room shall become the offices of the Attorney-General, and the office now occupied by the Attorney-General shall be for the use of the Governor.

      Sec. 4.  The Board of Capitol Commissioners shall also provide, upon the second floor of the State Capitol Building, toilets and lavatories for the use of State officials and the Legislature when in session.

      Sec. 5.  The sum of three thousand five hundred dollars ($3,500) is hereby appropriated out of any money in the General Fund not otherwise appropriated, for defraying the expenses incurred by this Act.

Occupancy of different offices specified.

Toilets and lavatories.

Appropriation.

Chap. CXV.–An Act fixing the salary of the Superintendent of State Printing.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  From and after the passage and approval of this Act the Superintendent of State Printing shall receive the annual salary of twenty-four hundred ($2,400) dollars, payable in twelve equal monthly installments.

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

Salary of State Printer increased.

In effect.

Chap. CXVI.–An Act to repeal an Act entitled “An Act supplementary to an Act entitled ‘An Act relating to elections,’ approved March 12, 1873,” approved March 16, 1903.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  An Act entitled “An Act supplementary to an Act entitled ‘An Act relating to elections,’ approved March 12, 1873,” approved March 16, 1903, is hereby repealed.

Act repealed.

Corporation to display conspicuously its corporate name.

Must maintain office and agent.

Penalty.

In effect.

Chap. CXVII.–An Act to amend an Act entiled “An Act to amend an Act entitled ‘An Act providing a general corporation law,’ approved March 16, 1893,” approved March 14, 1905.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

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

      Section 16.  Every corporation organized under this Act shall have and maintain in a conspicuous place on its principal office required by Section 14, in letters sufficiently large to be easily read, painted or printed, the corporate name of such corporation. And every such corporation which shall fail or refuse to comply with the requirements of Section 14 and of this section, for a period of thirty days, or fail to maintain such office or fail to have a competent agent in charge thereof, on all business days of the year, shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars, to be recovered with costs by the State before any court of competent jurisdiction by action at law, to be prosecuted by the Attorney-General, or by the District Attorney of the county in which such action or proceeding to recover such fine is prosecuted. Failure to comply with the requirements of this section for a period of ninety days, shall render the certificate issued by the Secretary of State void, and the same can only be revived by a certificate from the Governor issued for good and sufficient reasons for non-compliance.

      Sec. 2.  This Act shall take effect immediately.

Appropriation for State Veterinarian.

Traveling expenses.

Duties of Controller and Treasurer.

Chap. CXVIII.–An Act providing for the payment of the salary and traveling expenses of the State Veterinarian.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The sum of three thousand six hundred dollars ($3,600) is hereby appropriated out of the General Fund of the State, to pay the salary of the State Veterinarian.

      Sec. 2.  The sum of one thousand dollars is hereby appropriated out of the General Fund of the State to pay for traveling expenses of the State Veterinarian.

      Sec. 3.  The State Controller is hereby authorized, empowered and required to draw his warrant in favor of the State Veterinarian, for the salary and traveling expenses when approved by the Board of Examiners, and the State Treasurer is hereby authorized, empowered and directed to pay the same.

Chap. CXIX.–An Act creating a Board of Bank Commissioners, defining their duties providing for the appointment of a Bank Examiner, prescribing his duties, fixing his compensation, providing penalties for the violation of the provisions of this Act, and other matters relating thereto.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

      Section. 1.  A Board of Bank Commissioners is hereby created, to be composed of the Governor, Secretary of State, and State Treasurer, and within thirty days after the passage of this Act, the said Board of Bank Commissioners shall organize and appoint a competent person who shall be thoroughly capable to expert accounts, said appointee to be styled Bank Examiner, and it shall be his duty to examine the accounts and report upon the condition of all banks throughout the State. The person so appointed shall have no interest in or official connection with, nor shall he be in the employ of any bank, banking company, banking society, firm, association, or corporation engaged in the business of banking, nor shall he be during his term of office, interested in any stock or other property thereof.

      Sec. 2.  The said Bank Examiner shall receive a salary of two thousand seven hundred and fifty dollars per annum, payable in equal monthly installments, and his actual traveling expenses when compelled to travel in the discharge of his duties, to be paid by the State Treasurer upon warrants drawn by the State Controller, when the same shall have been approved by the Bank Commissioners. The term of office shall be four years from and after the date of his appointment; provided, that should said Bank Examiner fail to perform his duties to the satisfaction of the Board of Bank Commissioners the said Board may terminate such appointment and appoint a successor.

      Sec. 3.  The Bank Examiner, before entering upon the duties of his office, shall execute an official bond in the sum of twenty thousand dollars and shall take and subscribe the official oath.

      Sec. 4.  The duties of the Bank Examiner shall be to prepare and furnish to every bank, savings bank, banking firm, corporation, or company or any other corporation incorporated under the laws of this State, or of any other State or Territory, or foreign country, doing a banking business in this State, except banks doing business under the laws of the United States, applying therefor, a license in the form to be prescribed by him, authorizing such firm, corporation, or company to use the name, and to transact the business of a savings bank, banking firm, corporation, or company; to receive and place on file in his office the reports required to be made by savings banks, banking firms, corporations or companies by this Act; to prepare and furnish on demand to all persons, firms, partnerships or corporations required to make return statements or reports to said Bank Examiner by the provisions of this Act, blank forms of such statements or reports as may by law be required of them; to make on or before the first days of September and March of each year, a report to the Board of Commissioners, containing a tabular statement of the different reports of all banks throughout the State, showing generally the condition of the respective commercial, savings, or other banking corporations or institutions in this State, and such other matters as, in his opinion, may be of interest to the public.

Board of Bank Commissioners created.

Bank Examiner.

Salary of Bank Examiner and traveling expenses.

Term of office.

Bond.

Duties.

Duties.

Further duties of Bank Examiner.

Bank officers and employees to give sworn testimony.

Neglect of Examiner to report unsafe institutions punished.

License must be secured.

Penalty.

companies by this Act; to prepare and furnish on demand to all persons, firms, partnerships or corporations required to make return statements or reports to said Bank Examiner by the provisions of this Act, blank forms of such statements or reports as may by law be required of them; to make on or before the first days of September and March of each year, a report to the Board of Commissioners, containing a tabular statement of the different reports of all banks throughout the State, showing generally the condition of the respective commercial, savings, or other banking corporations or institutions in this State, and such other matters as, in his opinion, may be of interest to the public.

      Sec. 5.  It shall also be the duty of the Bank Examiner twice in each year, and as much oftener as, in his judgment, may be deemed necessary, without previous notice, to visit and make personal and full examination of each and every corporation mentioned in section four of this Act; to inspect the books, papers, notes, bonds, or evidences of debt of such corporation and all securities; to ascertain the condition of every such corporation, its solvency, its ability to fiulfill its obligations, and shall report its condition to the Bank Commissioners as soon as practicable after such examination.

      Sec. 6.  Such Bank Examiner must examine, under oath, any of the officers, agents and servants of any such corporation in relation to the affairs and conditions of such corporation, and may administer such oath personally; and whoever shall neglect or refuse, after demand and notice thereof, and without justifiable cause, to appear or testify under oath before the said Bank Examiner in the discharge of his duties shall be deemed guilty of a misdemeanor, and, on conviction thereof, be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.

      Sec. 7.  If the Bank Examiner shall have knowledge of the insolvency or unsafe condition of any corporation mentioned in this Act, and shall neglect to report the same in writing to the Bank Commissioners, as is required by this Act, he shall, on conviction thereof, be punished by a fine not exceeding ten thousand dollars nor less than five thousand dollars, or by imprisonment in the State Prison not less than one year nor more than two years, or by both such fine and imprisonment, and his office shall be declared vacant by the Bank Commissioners and a successor shall be appointed for the unexpired term.

      Sec. 8.  No corporation, society, firm or individual shall use the name or transact the business of a savings bank, or bank or banking corporation, without the license provided for in section four of this Act; and any corporation, society, association, firm or individual violating this provision shall forfeit the sum of one hundred dollars per day during the continuance of the offense; and any person who enters upon, engages in, carries on, or in any manner attends to the business or management of a savings bank or bank or banking corporation doing business without such license whether as manager, principal, agent, officer, employee, or otherwise, shall forfeit the sum of one hundred dollars for every day he so enters upon, engages in, or carries on, or attends to such business.

engages in, carries on, or in any manner attends to the business or management of a savings bank or bank or banking corporation doing business without such license whether as manager, principal, agent, officer, employee, or otherwise, shall forfeit the sum of one hundred dollars for every day he so enters upon, engages in, or carries on, or attends to such business.

      Sec. 9.  Any corporation mentioned in section four of this Act, including banks in liquidation or insolvency, shall, whenever required by the Bank Examiner, make a report in writing to the Examiner, verified by the oath of its president and its secretary or cashier, or its two principal officers; said reports shall show the exact financial condition of the corporation making the report at the close of any past day by the Examiner specified, by stating:

      First-The amount of its capital stock, and the number of shares into which it is divided;

      Second-The names of the directors, and the number of shares of stock held by each;

      Third-The total amount actually paid in money by stockholders for capital stock, and the total reserve fund, if any;

      Fourth-The total amount and character of any other liabilities it may have;

      Fifth-The total amount due to depositors;

      Sixth-The amount at which the lot and building occupied by the bank for the transaction of its business stands debited on its books, together with the market value of all their real estate held, whether acquired in settlement of loans or otherwise; in what county situated, and in what name the title is vested, if not in the name of the corporation itself;

      Seventh-The total amount loaned on real estate;

      Eighth-The amount invested in bonds, designating each particular class, and the amount thereof;

      Ninth-The amount loaned on stocks and bonds, designating each particular class, and the amount thereof;

      Tenth-The amount of money loaned on other securities, with a particular designation of each class, and the amount loaned on each;

      Eleventh-The actual amount of money on hand and amount deposited in other banks;

      Twelfth-Any other property held, or any amount of money loaned, deposited, invested or placed, not otherwise herein enumerated.

      The oaths of officers, and the statements above required, shall state that they, and each of them, have a personal knowledge of the matters therein contained, and that they believe every allegation, statement, matter and thing therein contained is true. The reports as provided in this section shall by the Examiner be required from each and every corporation, society, firm, association and individual in any way engaged in the business of banking, herein mentioned, at least twice in each year, and shall be transmitted to the Examiner within twenty days after the receipt from him of a request or requisition therefor.

Banks to report, when.

What report must contain.

Affidavit as to truth of report.

Bank Examiner to assume control of any corporation, when.

Duty of Attorney-General.

Receiver appointed, when.

Filed reports.

Licenses for banking.

at least twice in each year, and shall be transmitted to the Examiner within twenty days after the receipt from him of a request or requisition therefor.

      Sec. 10.  If the Bank Examiner, on the examination of the affairs of any corporation mentioned in section four of this Act, shall find that any such corporation has been guilty of violating its charter or laws of this State, or any of the provisions of this Act, or is conducting business in an unsafe manner, he shall, by an order addressed to the president and director of the corporation so offending, direct discontinuance of such illegal and unsafe practices, and a conformity with the requirements of the law and its charter, and the provisions of this Act; and if such corporation shall refuse or neglect to conform with such requirements before the expiration of the time in the order specified, or if it shall appear to said Examiner that it is unsafe for any such corporation to continue to transact business, it shall be the duty of such Examiner to immediately report the condition of such corporation to the Bank Commissioners; and if the Bank Commissioners, either from the report of the Bank Examiner, or from their own knowledge, decide that it is unsafe for any such corporation to continue to transact business they shall authorize the Bank Examiner to take such control of such corporation, and of the property and effects thereof, as may be by them deemed necessary to prevent waste, or diversion of the assets, and to hold possession of the same until the order of court hereinafter mentioned, and it is hereby made the duty of the Attorney-General, upon being notified by the Bank Commissioners, to immediately commence suit in the proper court against such corporation and the directors and trustees thereof to enjoin and prohibit them from the transaction of any further business. If upon the hearing of the case the court shall find that such corporation is solvent, and may safely continue business, it may dismiss the action, and order that the corporation be restored to the possession of the property. But if the court shall find that it is unsafe for such corporation to continue business, or that such corporation is insolvent, said court shall by its decree order such corporation into involuntary liquidation, and shall issue the injunction applied for, and shall cause the same to be served according to law, and shall order the Examiner to surrender the property of the corporation in his possession to a receiver appointed by the court for the purpose of liquidation in such proceeding, under the orders and directions of the court, and all attachments, if any, levied on its property, shall be immediately dissolved.

      Sec. 11.  All the reports required to be made to the Bank Examiner by the provisions of this Act shall be filed and kept on file by the Examiner in his office.

      Sec. 12.  To pay the salary and other necessary expenses of the Examiner, as provided for in this Act, every bank, firm, individual, society, association, savings bank or corporation, which is engaged or shall hereafter engage in banking business in this State, except banks doing business under the laws of the United States, shall apply to the Bank Examiner for a license, as provided for in this Act, said license to be regulated in proportion to their capitalization as follows: All those having a capitalization of $25,000, or less, shall pay the said Bank Examiner for such license the sum of $100; all those having a capitalization of more than $25,000, up to and including $100,000, shall pay a license of $150; all those having a capitalization of more than $100,000, and up to and including $300,000, shall pay a license of $200; and all those having a capitalization of $300,000, or more, shall pay a license of $275; and shall pay annually thereafter, beginning April 1st of each year, a license equal to the original license provided in this section.

which is engaged or shall hereafter engage in banking business in this State, except banks doing business under the laws of the United States, shall apply to the Bank Examiner for a license, as provided for in this Act, said license to be regulated in proportion to their capitalization as follows: All those having a capitalization of $25,000, or less, shall pay the said Bank Examiner for such license the sum of $100; all those having a capitalization of more than $25,000, up to and including $100,000, shall pay a license of $150; all those having a capitalization of more than $100,000, and up to and including $300,000, shall pay a license of $200; and all those having a capitalization of $300,000, or more, shall pay a license of $275; and shall pay annually thereafter, beginning April 1st of each year, a license equal to the original license provided in this section. All moneys collected as herein provided shall be paid into the General Fund of the State Treasury, and the State Treasurer is hereby required to issue his receipt therefor.

      Sec. 13.  The use of the word “bank” (or any other word or terms denoting or implying the conduct of the business of banking, or the use of the word “savings”) alone, or in connection with other words denoting or implying the conduct of the business of a savings institution or loan society, or commercial banking business, is hereby prohibited to all persons, firms, associations, companies, or corporations, other than those subject to the supervision of the Bank Examiner, or required by this Act to report to him; and no license, as in this Act provided, shall be issued by the Examiner to any corporation that does not receive money from the public as deposits in manner customary with commercial or savings banks. Any person, firm, association, company, or corporation not subject to the supervision of the Bank Examiner, or not required by this Act to report to him, making use of terms implying the conduct of a bank, savings, loan, or commercial banking business, by means of advertisements, letterheads, blank notes, blank receipts, certificates, circulars, or any written or printed or partly written and partly printed paper whatever, having thereon any official or corporate name, or word or words indicating that such business is the business of a bank, savings or commercial, or loan society, shall forfeit for each day the offense is continued, the sum of one hundred dollars, to be recovered as provided in this Act.

      Sec. 14.  All Acts or parts of Acts in conflict with this Act are hereby repealed.

      Sec. 15.  This Act Shall take effect immediately.

Classes.

Use of word “bank” or similar word prohibited in certain cases.

Penalty.

Repeal.

In effect.

Sheep Commissioners.

Board, how constituted.

Term.

Bond.

Salary.

Meetings.

Officers.

Rules.

Secretary.

Salary.

Chap. CXX.–An Act regulating the sheep industry in the State of Nevada, creating a State Board of Sheep Commissioners, defining their duties and prescribing their compensation.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  That a State Board of Sheep Commissioners be and the same is hereby created.

      Sec. 2.  The State Board of Sheep Commissioners, hereinafter called the Board, shall consist of three (3) members, all of whom shall be experienced wool growers, no two of whom shall be from the same county, said members to be appointed by the Governor, and to hold their office for four years, and until their successors are duly appointed and qualified. Each of said Commissioners, before entering upon the duties of his office, shall take and subscribe to the constitutional oath of office and enter into a bond with at least two sureties in the penal sum of twenty-five hundred dollars ($2,500), payable to the State of Nevada, and conditioned for the faithful performance of the duties of his office, which bond shall be approved by the Governor, and filed in the office of Secretary of State. The members of the Board shall each receive for their services five hundred dollars ($500) per annum and actual transportation expenses while in discharge of their duties. Said salary and expenses shall be paid from the State Treasury. Each member of said Board shall be a qualified elector of the county from which he is chosen, and must reside during his term of office within the State. Said Board must hold their meetings quarterly, and oftener if so requested by any member of the Board.

      Sec. 3.  The Board shall elect one of its members President, and is empowered to make rules and regulations for governing itself and for the enforcement of the provisions of this Act, and shall have exclusive control of all matters pertaining to the sheep industry. It shall adopt on behalf of the State the rules and regulations of the United States Bureau of Animal Industry, relating to the control and suppression of disease in sheep, and to cooperate with the officers of said Bureau in the enforcement of such rules and regulations. The Board is authorized to give the Inspectors of the Bureau of Animal Industry full authority and power for the inspection, quarantine, and condemnation of sheep or goats affected with any infectious or contagious disease, and for these purposes are granted all the authority of the present Inspectors of the State, and are authorized and empowered to enter upon any ground or premises of this State for the purpose of enforcing the inspection, quarantine and condemnation laws of this State. The Board shall appoint a Secretary, prescribe his duties and fix his salary, which shall not exceed seven hundred and fifty dollars ($750) per annum. The Board shall maintain an office at some point within this State to be determined by the Board.

shall maintain an office at some point within this State to be determined by the Board. The maintenance of such office and the Secretary’s salary shall be paid from the State Treasury in the same manner as the salaries and expenses of State officers. The Board shall fix the rate of tax to be levied, as provided for in section four of this Act, and shall send notice of the same to the County Commissioners of the several counties of the State on or before the first day of August of each year. The Board shall audit all bills of salaries and expenses incurred in the enforcement of this Act that may be payable from the Sheep Inspection Fund, and, if found correct, shall certify the same to the State Controller, who shall draw a warrant on the State Treasurer in favor of the parties entitled thereto. The Board shall make an annual report in writing to the Governor on or before the thirtieth day of November in each year, giving a statement of the transactions of the Board, and facts relating to the condition of the sheep industry in this State. The Board shall have power to order an inspection or quarantine of any sheep in the State, compel dipping at such times and as often as it deems necessary to insure the suppression of scab, and divide the State into such districts as may be necessary for the enforcement of this Act. The Board shall have power to quarantine and compel the cleaning and disinfecting of any shearing, dipping or other corrals where sheep are handled, and when owners or persons in charge of such corrals fail or refuse to clean and disinfect such corrals, the Board shall have power to order the Inspector to take charge of such corral and clean and disinfect it, the expense of which shall be paid by the owner or person in charge, and shall be a lien on such corral until the expense is paid. All orders, rules or regulations made by the Board must be published at least twice in some newspaper having general circulation in the State, which shall constitute a legal notice upon all sheep men of the order made.

      Sec. 4.  The Board of County Commissioners, at the time of the annual levy of taxes, must, at the request of the Board, levy the rate of tax recommended by the Board, not to exceed six (6) mills on the dollar, on all sheep assessed in their respective counties, according to the assessed valuation of the same, the said tax to be collected as other taxes and paid to the State Treasurer, who must keep the same in a separate fund to be known as the Sheep Inspection Fund.

      Sec. 5.  The County Assessor must, on or before the first Monday in September of each year, prepare from the assessment book of such year, as corrected by the Board of County Commissioners, a statement showing the total number of all sheep assessed, and the value of the same. And the County Treasurer must notify the State Board of Sheep Commissioners of all moneys forwarded to the State Treasury belonging to the State Sheep Inspection Fund at the time said moneys are forwarded to the State Treasury.

Office.

Tax.

Annual report.

Powers of Board.

Publication of orders, etc.

Tax on sheep.

Sheep Inspection Fund.

Duties of County Assessor and Treasurer.

Sheep Inspectors, how appointed.

Bond.

Salary.

Inspection Record.

Powers of Inspectors.

Report of Inspectors.

Inspectors to issue bill of health, when.

Immediate notification.

said moneys are forwarded to the State Treasury. Also make final report to said Board at the time he makes settlement with the State Controller.

      Sec. 6.  The Board shall have charge of the enforcement of the provisions of this Act, and of all rules and regulations made and adopted by it. The Board shall appoint such Inspectors as may be necessary, and said Inspectors, before entering upon the duties of their office, shall file a bond in the sum of one thousand dollars ($1,000), payable to the State, for the faithful performance of their duties, with and to be approved by the Board. Such Inspectors shall receive five dollars ($5) per diem and actual transportation expenses incurred in the performance of their duty, to be paid from the Sheep Inspection Fund. The Board and each Inspector must keep a book, to be known as the inspection record, in which they must enter their official acts. Such record must show the name of the owner of every flock of sheep inspected, and the time when and place where the same was inspected. Inspectors shall have the right at all times to enter any premises, farms, fields, pens, slaughter houses, buildings or cars, where any sheep are quartered, for the purpose of examining them, in order to determine whether they are affected with any infectious or contagious disease. All Inspectors and their deputies shall have the same powers and authority of peace officers. The Board shall have the power to order an Inspector to quarantine any corral, pens, slaughter houses, buildings and cars where sheep may have been handled, and compel the cleaning and disinfecting of the same when deemed necessary for the purposes of this Act. Where owners or persons in charge of such places refuse to clean and disinfect them, the Inspector shall have the right to take charge of such places, and cause the same to be cleaned and disinfected, the expense of which must be paid by the owner or person in charge, and shall be a lien upon such premises, corrals, pens, slaughter houses, buildings, cars, etc., until such expense is paid.

      Sec. 7.  Inspectors shall report to the Board in writing as often and at such times as may be requested by said Board.

      Sec. 8.  Each Inspector must inspect all the sheep within the district assigned to him, when so ordered by the Board, and must make and issue certificate or bill of health for all sheep whose owners have complied with the law and the orders, rules and regulations made and adopted by the Board, describing the sheep with the marks and brands thereon, which shall entitle the owner or agent in charge to pass with such sheep from one district to another in the State. The Inspector shall immediately file with the Board a duplicate of all certificates issued by him. The term “sheep” shall include goats, lambs and kids.

      Sec. 9.  Whenever any sheep shall become infected with scab or other infectious or contagious disease, the owner or agent in charge must immediately notify the Board or Inspector.

or agent in charge must immediately notify the Board or Inspector.

      Sec. 10.  When sheep are found diseased, regulation for their quarantine must be made at once by the Inspector of the district where such sheep are found, who must define the place and limits within which such sheep may be grazed, herded or driven, and such sheep must be held in quarantine until pronounced cured from disease by the Board or Inspector. The expense of dipping, hand-dressing, spotting, feeding and taking care of all sheep quarantined under the provisions of this Act, must be paid for by the owner or agent in charge of such sheep; and such expense shall be a lien upon such sheep until paid.

      Sec. 11.  All sheep in the State must be dipped at such time or times as may be ordered by the Board. Such dipping shall be done under the supervision of an Inspector. The dip used in all cases must be a lime and sulphur dip, or a sulphur and tobacco dip, the formula of each to be as follows:

      1.  A lime and sulphur dip, made with 8 pounds of fresh lime and 25 pounds of flowers of sulphur, to 100 gallons of water, the lime and sulphur to be boiled together for not less than two hours.

      2.  A tobacco and sulphur dip, made from “Scab Cure,” “Black Leaf,” or “Laidlow and McKill’s Tobacco Extract,” to be used in such quantities as prescribed by directions for using such dips, with 16 pounds of flowers of sulphur to 11 gallons of water. Clean, pure water must be used in all cases, and the dip kept at a temperature of from 100 to 115 Fahrenheit, the sheep to be kept in the vat at least two minutes; provided, that if the formulas required by the Bureau of Animal Industry of the United States for dipping sheep will be changed, the Board must adopt the same in lieu of the foregoing formulas.

      Sec. 12.  When any owner or person in charge of sheep shall bring such sheep into this State before entering from an adjoining State or Territory for the purpose of grazing, they shall notify the Board, or any Inspector, in writing, of such fact immediately before entering the State, stating the time when and the place where such sheep shall enter; provided, however, that sheep in transit on the cars shall not be required to give notice unless they shall remain in the State, or are unloading to feed and rest for a longer period than forty-eight hours.

      Sec. 13.  In no case shall any scabby or exposed sheep be removed from one point to another within any district, or from one district to another, without a written permit from the Board or an Inspector.

      Sec. 14.  Any person or persons owning or having charge of any dipping vat or vessel in which sheep are dipped, and every owner of sheep, or agent in charge of them, who shall refuse or neglect to dip all sheep in the manner prescribed in the preceding section, who shall fail to observe any and all rules and regulations made and adopted by the Board in accordance with the provisions of this Act, shall be liable to the fines and penalties imposed hereinafter in this Act.

Quarantine enforced, when.

Dipping of sheep.

Dippings specified.

Sheep brought into State, Board or Inspector notified.

Permit to move diseased sheep.

Penalty for non-compliance with dipping directions.

Inspector to file proper vouchers.

Appropriation.

Misdemeanor.

Penalty.

Repeal.

the preceding section, who shall fail to observe any and all rules and regulations made and adopted by the Board in accordance with the provisions of this Act, shall be liable to the fines and penalties imposed hereinafter in this Act.

      Sec. 15.  Whenever any Inspector files in the office of the State Controller proper vouchers, duly approved by the Board setting forth:

      1.  The name of such Inspector;

      2.  The kind and nature of service rendered;

      3.  The particular locality where the work was done;

      4.  The length of time employed;

      5.  The number of sheep inspected and the name of the owner or person in charge of such sheep;

      6.  The disease or diseases treated, and the number treated for each disease, and the length of time of such treatment;

      7.  The amount claimed for such services;

Then and in such case, the State Controller must draw a warrant in favor of such Inspector, payable out of the moneys in the Sheep Inspection Fund.

      Sec. 16.  That the sum of ten thousand dollars is hereby appropriated out of any moneys not otherwise appropriated from the General Fund for the purpose of carrying this Act into effect. All moneys so appropriated to be returned into the General Fund from such taxes as may be levied upon the sheep as herein provided.

      Sec. 17.  Any person who violates any provision of this Act, or who disregards any order or direction made by the Board of Inspectors in accordance therewith, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding three hundred dollars ($300), or by imprisonment not exceeding six months, or by both such fine and imprisonment.

      Sec. 18.  All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

Chap. CXXI.–An Act granting a franchise unto R. A. Falkenberg, his associates, successors and assigns, to build, complete and operate a railroad from Oro City to Yerington, with branch lines to Hawthorne, Thorne, Dutch Creek, Schurz, Wheeler Springs, and Butler Springs, in Esmeralda and Lyon Counties, and across the highways and certain lands between said termini.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The right of way to locate, construct and maintain a roadway for a railroad and operate thereon cars for the transportation of passengers and freight, the whole to be operated by steam or other motive power or along such route as may be deemed most feasible and advantageous, from Oro City in Esmeralda County to Yerington in Lyon County, with branch lines to Hawthorne, Thorne, Dutch Creek, Schurz, Wheeler Springs, and Butler Springs in said counties, is hereby granted to R.

transportation of passengers and freight, the whole to be operated by steam or other motive power or along such route as may be deemed most feasible and advantageous, from Oro City in Esmeralda County to Yerington in Lyon County, with branch lines to Hawthorne, Thorne, Dutch Creek, Schurz, Wheeler Springs, and Butler Springs in said counties, is hereby granted to R. A. Falkenberg, his associates, successors, and assigns for the term of fifty (50) years; provided, the right of way hereby granted shall not exceed one hundred (100) feet in width; and provided further, that the construction of said railroad shall be commenced within one year from the passage of this Act, and be completed within two years thereafter.

      Sec. 2.  That the said R. A. Falkenberg, his associates, successors and assigns, shall have, and are hereby given all the rights, privileges and franchises conferred upon railroad companies by the Act entitled “An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto,” approved March 22, 1865, and the Acts amendatory thereof and supplemental thereto, as far as the same are consistent with the provisions of this Act.

Railroad franchise in Lyon and Esmeralda Counties.

Right of way limited.

Commencement and completion.

Railroad Acts to govern.

Chap. CXXII.–An Act authorizing the employment of an Engineer and a Janitor for the State Library Building, fixing their compensation and the compensation of certain other attaches of the Government of the State of Nevada.

[Approved March 26, 1907.]

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

Assembly, do enact as follows:

      Section 1.  The Board of Capitol Commissioners is hereby authorized to employ a competent engineer to attend to and keep in repair the heating apparatus of the Capitol and State Library Building. When not employed as engineer he shall act as Janitor of said buildings. His compensation shall be $1,300 per annum.

      Sec. 2.  The Board of Capitol Commissioners is authorized to fix the compensation of the Janitor of the Capitol Building at $1,300 per annum, and the Gardener of the Capitol grounds at $1,300 per annum.

      Sec. 3.  The State Controller is hereby directed to draw his warrants in payment of the amounts specified in this Act, 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.

Engineer for Library Building.

Salaries of Capitol Janitor and Gardener,

Duties of Controller and Treasurer.

Repeal.

Office of State Auditor

Term.

Salary.

Traveling expenses.

Must be expert accountant.

Duties of State Auditor.

To audit books of State institutions.

Chap. CXXIII.–An Act to provide for the appointment of a State Auditor, fix his compensation and prescribe his duties.

[Approved March 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, empowered and directed, within thirty days after the passage of this Act to appoint a competent person to the position herein created and to be known and styled State Auditor, whose term of office shall be for four years; provided, however, the Governor may revoke such appointment for incompetency, neglect of duty, or other sufficient cause.

      Sec. 2.  The salary of the State Auditor is hereby fixed at two thousand four hundred ($2,400) dollars per annum, and shall be paid out of the General Fund of the State, as the salaries of other State officers are paid, together with such actual traveling expenses as may be necessary in the performance of his official acts, a claim against the State for such expenses having been duly presented to and allowed by the State Board of Examiners.

      Sec. 3.  The State Auditor shall be a person duly qualified for the position. He shall be thoroughly versed in the science of bookkeeping and accounts, single and double-entry, combination, loose-leaf and other systems in common use, also in the approved methods of filing vouchers, records, reports and documents necessary in the conduct of the business of the several counties and in the transactions between the respective county and State officials.

      Sec. 4.  It shall be the duty of the State Auditor to visit the county seat of each county in this State, at least twice in each year, and then and there examine the books and accounts of the various officers, and report the result of such examination to the respective grand juries of each county during the sittings of these bodies, and if practicable file such reports before June and December 20th of each year, or prior to the final report of said grand juries. Said State Auditor shall report from time to time to the Governor, as the latter may request, such matters as may have an important bearing on the business and welfare of the counties and State, and the Governor is hereby authorized when an exigency presents itself where an investigation by the State Auditor might be of value to the State, to direct such officer to proceed at once upon such investigation, and he shall audit and investigate the books of all State institutions and officers. Said State Auditor shall, as far as practicable, and avoiding the possibility of confusion in the business details of the respective county officials, install a uniform system of accounts in the several counties of this State, also as between the respective county and State officials.

      Sec. 5.  Any State, county or township officer refusing to allow the State Auditor to inspect his books, records or other office data, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of three hundred dollars or be imprisoned in the county jail for a period not to exceed six months, or be punished by both such fine and imprisonment, for each and every offense.

allow the State Auditor to inspect his books, records or other office data, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of three hundred dollars or be imprisoned in the county jail for a period not to exceed six months, or be punished by both such fine and imprisonment, for each and every offense.

      Sec. 6.  The State Auditor shall be required to keep a record of his investigations, together with a general summary of the detail and data of the affairs of the respective counties, and shall be provided with office room in the State Capitol Building. The room herein specified shall be open to the public at any reasonable office hour, and in the absence of the State Auditor from the State Capitol while in the performance of his official duty, said record shall be left with the State Controller for such public inspection.

Penalty for refusing inspection of books.

State Auditor to keep records.

Office.