Chapter 1–An Act to create a legislative fund.

[Approved January 24, 1913]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart from any money now in the general fund not otherwise especially appropriated, the sum of thirty thousand ($30,000) dollars, which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly, for per diem, mileage, stationery allowance, compensation and incidental expenses of the respective houses, when properly certified to, in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund, at the adjournment of the legislature, shall revert to the general fund.

Legislative appropriation, $30,000

Duties of controller and treasurer

Residue to revert

Chap. 2–An Act to repeal section three of an act entitled “An act providing for the printing of legislative bills and resolutions, and other matters relating thereto,” approved March 14, 1911.

[Approved January 31, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of an act entitled “An act providing for the printing of legislative bills and resolutions, and other matters relating thereto,” be, and the same is, hereby repealed.

Repeal relative to printing legislative bills

Bonds for White Pine County high school

Denomination of bonds

Record to be kept

Negotiation of bonds

Provisos

Interest limited to 6 per cent

Chap. 3–An Act to provide for a county high school in the city of Ely, Nevada, for the purchase of a site and the erection, furnishing and equipment of a building for such school, for the issuance and payment of bonds for the creation of a fund for the purchase of such site, the erection, furnishing and equipment of such building and the establishing and maintaining of such a school.

[Approved February 8, 1913]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of White Pine County is hereby authorized, empowered and directed to prepare and issue bonds of said county for an amount not to exceed the sum of fifty thousand dollars, exclusive of interest, for the purpose of providing funds for the purchase of a site for a county high-school building in the city of Ely, and for constructing a high-school building on said site, and for equipping and furnishing the said building.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of five hundred dollars each. They shall be numbered from 1 to 100, consecutively. They shall be signed by the chairman of the board of county commissioners, countersigned by the county treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bonds and each of said coupons shall be consecutively numbered and signed by the chairman of the board of county commissioners and the county treasurer.

      Sec. 3.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond, and to whom issued.

      Sec. 4.  The board of county commissioners of White Pine County is hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale, or sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than their par value, and that the bonds and the interest thereon shall be made payable in gold coin of the United States; and provided further, that the said board shall sell the bonds to the highest and best bidder or bidders in the event that they elect not to sell the same at private sale or sales.

      Sec. 5.  The interest on said bonds shall not exceed 6 per cent per annum, and shall be payable semiannually on the first Monday in January and July each year after the year 1912, at the office of the county treasurer of said White Pine County, and in no case shall any of said bonds run for a longer period than fifteen years, and provided that the interest on said bonds shall cease upon the maturity thereof, as hereinafter provided.

longer period than fifteen years, and provided that the interest on said bonds shall cease upon the maturity thereof, as hereinafter provided.

      Sec. 6.  On the first Monday of January of the year 1918, and annually thereafter, ten of such bonds, together with the interest thereon, shall be paid and redeemed by the county treasurer of White Pine County. The payment and redemption of said bonds shall be in the order of their issuance, the lowest bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act shall have been paid and redeemed. The interest coupons shall be paid semiannually.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the “White Pine County High School Building Fund,” and to pay out said moneys in the manner now provided by law for the payment of the “County High School Fund,” and for the purposes provided for in this act.

      Sec. 8.  The county board of education of White Pine County is hereby authorized and directed to use such money derived from the sale of said bonds, or such portion thereof as they may deem necessary, for the purchasing of a site and for the establishing, constructing, equipping and furnishing of a county high-school building in the city of Ely, Nevada, and any balance remaining in such fund after the completion, equipment and furnishing of said building shall be turned over and converted into the proper fund provided for running and maintaining said high school in accordance with and pursuant to the provisions of the law pertaining to the establishment, maintenance and management of high schools in the various counties of this state.

      Sec. 9.  Said county board of education shall determine as to the character of said building, materials to be used therefor, and plans therefor, and when such determination is made, said board shall advertise for bids for the construction of said county high-school building and let the construction thereof by contract to the lowest responsible bidder; said county board of education to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained. The laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education in carrying out the provisions of this act shall be paid in the manner now provided by law for paying claims against the “County High School Fund”; provided, that no such bills shall be allowed until the plans for the said county high-school building shall have been approved by the state [of] superintendent of public instruction.

Redemption of bonds

“White Pine County High School Fund”

County board of education to erect and equip building

Duties of board as to letting contract, etc.

Proviso

Board to select site in Ely

County treasurer liable for safe keeping of bonds

Tax for payment of bonds and interest

When tax shall cease

Treasurer to cancel bonds when redeemed

Interest ceases, when

Faith of state pledged

county high-school building shall have been approved by the state [of] superintendent of public instruction.

      Sec. 10.  As soon as possible after the passage and approval of this act, the county board of education shall proceed to select an appropriate site for the said county high-school building in the city of Ely, county of White Pine, State of Nevada, and the board of county commissioners of said county shall, upon receiving written notice of said selection of such site, with all expedient dispatch, proceed to the execution of its duties and powers as prescribed in this act.

      Sec. 11.  The county treasurer of the said White Pine County shall be liable on his official bond for the safe keeping of the money which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 12.  For the purpose of creating a fund for the payment of the bonds authorized by this Act, and the interest thereon, the board of county commissioners of said White Pine County is hereby authorized and empowered to levy and collect annually a special tax on all property, both real and personal, subject to taxation, including the proceeds of mines, within the boundary of said White Pine County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire the same as hereinabove provided. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as “White Pine County High School Bond Redemption Fund.”

      Sec. 13.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in the said bond fund shall by order of the board of county commissioners of said county be transferred to the fund used for paying the contingent expenses of said county high school.

      Sec. 14.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the sum so paid.

      Sec. 15.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bond to the said county treasurer for payment when they become due, all interest on said bonds shall thereafter immediately cease.

      Sec. 16.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act specified.

issued under and by virtue thereof shall have been paid in full as in this act specified.

Chap. 4–An Act to create a legislative fund.

[Approved February 14, 1913]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart from any money now in the general fund not otherwise especially appropriated, the sum of ten thousand ($10,000) dollars, which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowance, compensation and incidental expenses of the respective houses, when properly certified to, in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund, at the adjournment of the legislature, shall revert to the general fund.

Legislative appropriation, $10,000

Duties of controller and treasurer

Residue to revert

Chap. 5–An Act authorizing the secretary of state to furnish certain printed documents to certain persons therein named.

[Approved February 14, 1913]

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

Assembly, do enact as follows:

      Section 1.  The secretary of state is hereby authorized and directed to deliver to the library of congress and to “The Association of the Bar of the City of New York,” one complete set to each, so far as the same can be furnished, of the appendices of the senate and house journals of this state, commencing with the first territorial session of the legislature and extending down to the present time; provided, he shall deliver the said books to said parties in Carson City, or so as to incur no expense for freight thereon.

Secretary of state to deliver certain printed documents free

Witness fees in criminal cases in Lander County

Proviso

Chap. 6–An Act to amend an act entitled “An act fixing the fees and compensation of witnesses in criminal cases in and for the county of Lander, State of Nevada, and providing payment therefor,” approved March 8, 1909.

[Approved February 17, 1913]

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

Assembly, do enact as follows:

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

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

Chap. 7–An Act to amend an act entitled “An act to amend an act fixing the compensation of county and township officers in Nye County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, and regulating the conduct thereof, and to repeal all acts or parts of acts conflicting therewith, approved March 24, 1909, and being Chapter CLXXVII, Laws of 1909,” approved March 18, 1911.

[Approved February 17, 1913]

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

Assembly, do enact as follows:

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

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

      Section 9.  The constable in townships polling one hundred and twenty or more votes at the last preceding general election, shall receive as compensation for all services rendered of whatever nature, a salary of not less than seventy-five ($75) dollars per month, nor more than one hundred and fifty ($150) dollars per month, as allowed by the board of county commissioners; and in townships polling less than one hundred and twenty votes at the last preceding general election, said constable shall receive the fess now provided for in an act of the legislature of the State of Nevada entitled “An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1883.

Salaries of constables in Nye County

Chap. 8–An Act to amend an act entitled “An act concerning justices of the peace,” approved March 4, 1881.

[Approved February 17, 1913]

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

Assembly, do enact as follows:

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

      Section 1.  Whenever any justice of the peace, in consequence of ill-health, absence from his township, or other cause, shall be prevented from attending to his official duties, it shall be lawful for him to invite any other duly qualified justice of the peace of the same county to attend to his official duties, including that of registry agent, instead of such absent or disqualified justice of the peace; provided, such temporary vacancy, resulting from absence or disqualification, shall not be so filled for more than thirty days at any one time; and further provided, that where there is only one justice of the peace in any county of this state, and he, in consequence of ill-health, absence from his township, or other cause, shall be prevented from attending to his official duties, it shall be lawful for him to invite any other duly qualified justice of the peace of some adjoining county to attend to his official duties, including that of registry agent and coroner; provided, that such temporary appointment, resulting from absence, disability, or other cause, shall not be so filled for more than thirty days at one time, and that the justice of the peace so temporarily acting in the place of another justice of the peace shall have no claim for services rendered by him under this act against the county in which he may so temporarily preside.

Justice of the peace, in case of disability, may ask another justice of same county to act for him

Justice of another county may act, when

Provisos

Fixing salary of constable of Wadsworth Township

Chap. 9–An Act to fix the salary of the constable of Wadsworth Township, Washoe County, State of Nevada.

[Approved February 17, 1913]

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 Washoe County are hereby authorized and directed to appropriate from the treasury of said county, and pay to the regularly elected or appointed constable, Wadsworth Township of said county, the sum of seventy-five ($75) dollars monthly, as a salary, which shall be compensation in full for all services rendered in criminal cases; provided, however, that said constable shall retain all fees in civil cases now allowed by law.

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

Amending divorce law

Grounds for divorce

Chap. 10–An Act to amend an act entitled “An act to amend an act entitled ‘An act relating to marriage and divorce,’ approved November 28, 1861,” as approved February 15, 1875.

[Approved February 20, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section twenty-two of said act is amended so as to read as follows:

      Section 22.  Divorce from the bonds of matrimony may be obtained, by complaint under oath, to the district court of the county in which the cause therefor shall have accrued, or in which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the county in which the parties last cohabited, or in which the plaintiff shall have resided six months before suit be brought, for the following causes: First-Impotency at the time of the marriage continuing to the time of the divorce. Second-Adultery, since the marriage, remaining unforgiven. Third-Wilful desertion, at any time, of either party by the other, for the period of one year. Fourth-Conviction of felony or infamous crime. Fifth-Habitual gross drunkenness, contracted since marriage, of either party, which shall incapacitate such party from contributing his or her share to the support of the family. Sixth-Extreme cruelty in either party. Seventh-Neglect of the husband, for a period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband which he could not avoid by ordinary industry.

not avoid by ordinary industry. Provided, that when at the time the cause of divorce accrues, the parties shall not both be bona fide residents of the state, no court shall have jurisdiction to grant a divorce, unless either the plaintiff or the defendant shall have been a bona fide resident of the state for a period of not less than one year next preceding the commencement of the action.

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

      Sec. 3.  This act shall be in effect from and after the first day of January, 1914.

Either party must be bona fide resident of state or acquire residence of one year

In effect January 1, 1914

Chap. 11–An Act to amend section two of an act entitled “An act to license and regulate insurance business in this state,” approved February 23, 1881.

[Approved February 20, 1913]

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

Assembly, do enact as follows:

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

      Section 2.  Corporations may be formed under the general laws of this state for the transaction of insurance business, but no such corporation shall be permitted to assume any risk as insurer, unless the same shall have at least five directors, who shall be residents and property owners in this state, and stockholders in the corporation; nor until such corporation shall have paid-up, unimpaired cash capital equal to one hundred thousand dollars, in United States gold coin, which shall be invested in this state in state or United States bonds; bonds and mortgages on first-class, otherwise unincumbered, real estate, the market value of which shall be at least double the amount invested in or loaned thereon; bonds of any school district, city or county in this state, the issuance of which was duly authorized by law; bonds of any railroad, wagon road, ditch, or canal incorporation or association; provided, that such bonds or securities shall at no time be estimated as assets of such corporation at more than their actual cash market value; and nothing in this act shall be construed to permit any investment in mining stock. Any corporation formed under the laws of this state for the transaction of insurance business may change its name, increase its capital stock, change the location of its principal office, extend its corporate existence, change the number of its directors or trustees, and make such other amendment, change or alteration as may be desired, in the manner provided by section 40 of an act entitled “An act providing a general corporation law,” approved March 16, 1903, or in the manner provided under the laws of this state relating to corporations;

Amending insurance law

Companies must have approved securities

Provisos

General corporation law to govern

under the laws of this state relating to corporations; provided, that nothing herein contained shall be so construed as to authorize or permit any corporation formed under the provisions of this act to decrease its capital stock to less than one hundred thousand dollars.

Tax for fire department in unincorporated towns

Chap. 12–An Act to amend an act entitled “An act to create a fire department fund,” approved March 9, 1865, approved March 1, 1881, approved March 2, 1911.

[Approved February 20, 1913]

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

Assembly, do enact as follows:

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

      Section 1.  The county commissioners of the various counties of the State of Nevada are hereby empowered to levy and collect a tax of not exceeding one and one-half per cent upon the assessed value of property within any unincorporated town for the benefit of the fire department in such town.

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

County commissioners authorized to sink artesian wells

Restricted to $5,000 annually

Chap. 13–An Act authorizing the board of county commissioners of the various counties in the state to acquire real estate and to sink, or cause to be sunk thereon, artesian wells, and making the expense thereof a legal charge against the county.

[Approved February 20, 1913]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of the various counties of the State of Nevada are hereby authorized and empowered to acquire, by gift or purchase, in the name of the county, real estate, favorably situated for the prospecting for artesian water, and when title to one or more such pieces of real estate of not less than forty acres in a tract is thus acquired by any county in this state, the board of county commissioners of such county is hereby authorized and empowered to sink, or cause to be sunk, upon one or more of said pieces or tracts of land, an artesian well; provided, no county shall, during any one year, expend more than five thousand dollars ($5,000) in sinking or causing to be sunk artesian wells.

      Sec. 2.  The expense of sinking artesian wells as herein provided shall be a legal charge against the county in which said wells are sunk, and shall be paid as other claims against the county are paid.

Expense paid as other legal claims

Chap. 14–An Act authorizing the county commissioners of Lander County, Nevada, to appoint a night watchman for the town of Battle Mountain upon receipt of petition therefor, to fix the salary of night watchman, and prescribing what said petition shall contain.

[Approved February 20, 1913]

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

Assembly, do enact as follows:

      Section 1.  Upon receipt of a petition as hereinafter described, the board of county commissioners of Lander County, Nevada, is hereby authorized and required to appoint a night watchman for the town of Battle Mountain in said county.

      Sec. 2.  The compensation of said night watchman is to be one hundred dollars ($100) per month.

      Sec. 3.  The said night watchman shall serve within the limits of said town of Battle Mountain and shall be empowered and required to do any and all things the public safety may require and shall have and exercise the usual powers and duties of a peace officer.

      Sec. 4.  The compensation herein provided for said night watchman shall be drawn from the general fund of said county by warrants upon the treasury of said county.

      Sec. 5.  The provisions of this act shall not be enforced, nor have any effect, unless a majority of the property-holders of said town of Battle Mountain shall present a petition to said board of county commissioners of Lander County, setting forth the following facts: Said petition shall contain the names of a majority of the property-holders of said town of Battle Mountain and the name of the person to be appointed as such night watchman and praying for his appointment.

      Sec. 6.  Upon the presentation of said petition, it shall be the duty of said board of county commissioners of said county to make the appointment of said night watchman in accordance with the prayer of said petition.

      Sec. 7.  The board of county commissioners shall be further empowered and directed to discharge from office any night watchman appointed under the provisions of this act upon the presentation of a petition signed by a majority of the property-owners of the town of Battle Mountain praying for and requesting the discharge of said officer.

Lander County Commissioners to appoint night watchman for Battle Mountain

To be appointed on petition of residents of Battle Mountain

May discharge watchman on petition

Certain electors given holiday on election day

Electors must be given three hours in which to vote

Employers held liable for violation of this act by fine or imprisonment

In effect

Chap. 15–An Act to provide employed electors opportunities to vote.

[Approved February 24, 1913]

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

Assembly, do enact as follows:

      Section 1.  No person entitled to vote at any election held in this state shall, upon the day of such election, be employed in any manufacturing, mechanical or mercantile establishment, except such establishments as may lawfully conduct their business on a legal holiday.

      Sec. 2.  Every person entitled to vote at any such election held in this state who is employed in such an establishment as may lawfully conduct its business on a legal holiday and on election day, must be given on election day a leave of absence for a period of three consecutive hours after the opening and before the closing of the polls in the voting precinct or town in which he is entitled to vote, if he shall make application for leave of absence during such period.

      Sec. 3.  Any owner, superintendent or overseer, or other person, [shall] in any manufacturing, mechanical or mercantile establishment, who employs or permits to be employed any person therein on the day of any election held in this state in violation of the provisions of section 1 of this act, or who violates the provisions of section 2 of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than twenty-five days nor more than fifty days, or both such fine and imprisonment.

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

Price of “Constitutional Debates” fixed at $3

Chap. 16–An Act supplemental to “An act to regulate the sale of state law books,” approved March 5, 1907.

[Approved February 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  The secretary of state is directed to sell the “Nevada Constitutional Debates and Proceedings” at three dollars ($3) per volume, and the money received from the sale of said books be turned into library fund of the state treasury.

Chap. 17–An Act to amend an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907.

[Approved February 26, 1913]

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

Assembly, do enact as follows:

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

      Section 2.  Whenever a majority of the qualified electors who are taxpayers within the limits of the city or town proposed to be incorporated, as shown by the last official registration lists and assessment roll, not embraced within the limits of any city or incorporated town (shall desire to be organized into a city or incorporated town), they may apply in writing to the district court of the proper county, which application shall describe the territory to be embraced in such city or incorporated town, and shall have annexed thereto an accurate map or plat thereof, duly surveyed, and containing the streets and alleys, and state the name proposed for such city or incorporated town, and shall be accompanied with satisfactory proof of the number of inhabitants within the territory embraced in said limits, for purposes of classification under the provisions of this act; and shall also be accompanied by an affidavit, made by some person familiar with the facts, that all of the names subscribed to said application or petition for incorporation were subscribed thereto not more than ninety days before said application or petition was presented to said district court.

Amending city incorporation act

Mode of procedure to attain incorporation

Chap. 18–An Act to amend section five of an act entitled “An act to consolidate certain county offices in Lincoln County, State of Nevada, and fixing the salaries of certain officers of said county, to take effect on the first Monday in January, 1913, and repealing all other acts in conflict herewith,” approved March 18, 1911.

[Approved February 26, 1913]

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

Assembly, do enact as follows:

      Section 1.  That section one of said act, entitled “An act authorizing the appointment of extra deputy sheriffs in and for Lincoln County, Nevada, fixing their salaries, and other matters relating thereto,” is hereby amended to read as follows:

Concerning officers in Lincoln County

Deputy sheriffs not to exceed 4 in number

Salaries

Salaries paid monthly

In effect

      Section 1.  The sheriff of Lincoln County, Nevada, is hereby authorized to appoint one or more, but not to exceed four, deputy sheriffs for Lincoln County, Nevada, whose compensation shall be $100 per month for each deputy sheriff so appointed, except that one of such deputy sheriffs shall be undersheriff of said county, and shall receive a salary of $125 per month.

      Sec. 2.  That section two of said act is hereby amended so as to read as follows:

      Section 2.  The salaries of deputy sheriffs, including such undersheriff, appointed under the provisions of this act, shall be allowed and paid monthly, in the manner that the salaries of other county officers are now allowed and paid.

      Sec. 3.  That this act shall go into effect March 1, 1913.

Salaries and fees of justices of the peace in Lyon County

To retain fees in civil cases

Salaries regularly allowed

Chap. 19–An Act fixing and regulating the salaries and fees of the justices of the peace of Lyon County, State of Nevada, and providing for the payment of the same.

[Approved February 26, 1913]

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 justices of the peace of Lyon County, Nevada, shall be allowed salaries as follows: Justices of the peace in townships polling 400 votes and over, shall be allowed salaries of $600 per annum, payable in twelve monthly installments of $50. Justices of the peace in townships polling 250 votes, and not more than 400 votes, shall be allowed salaries of $300 per annum, payable in twelve monthly installments of $25. Justices of the peace in townships polling 100 votes, and not more than 250 votes, shall be allowed salaries of $180 per annum, payable in twelve monthly installments of $15. Justices of the peace in townships polling less than 100 votes, shall be allowed salaries of $120 per annum, payable in twelve monthly installments of $10.

      Sec. 2.  In addition to the salaries specified in the preceding section, the said justices of the peace shall be allowed to retain all fees in civil cases, and collect from Lyon County all fees in criminal cases, as now provided by law.

      Sec. 3.  The board of county commissioners of Lyon County, Nevada, shall allow the salaries named in section 1 of this act as other salaries are allowed, and the county auditor shall draw his warrant for the same, and the county treasurer shall pay the same.

      Sec. 4.  All acts and parts of acts in conflict with this act are hereby repealed.

Chap. 20–An Act authorizing and directing the state controller and the state treasurer to transfer certain moneys.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  The state controller and the state treasurer are hereby authorized and directed to transfer from the orphans’ home interest and sinking fund the sum of three thousand, six hundred fourteen and twenty-three one-hundredths dollars ($3,614.23), as follows: To the contingent university fund, 1905, No. 1, the sum of two thousand six hundred seventy-four and forty-four one-hundredths dollars ($2,674.44); to the contingent university fund, 1905, No. 2, the sum of nine hundred thirty-nine and seventy-nine one-hundredths dollars ($939.79). To transfer from the territorial interest fund the sum of fourteen thousand one hundred ninety-seven and twenty-seven one-hundredths dollars ($14,197.27) as follows: To the contingent university fund, 1905, No. 2, the sum of four thousand one hundred ninety-seven and twenty-seven one-hundredths dollars ($4,197.27); to the prison interest and sinking fund the sum of ten thousand ($10,000) dollars, the said transfers to be used to redeem Nevada state bonds.

      Sec. 2.  Any moneys hereafter apportioned to either the contingent university fund, 1905, No. 1, or the contingent university fund, 1905, No. 2, shall be transferred to the prison interest and sinking fund for the redemption of Nevada state bonds.

Authorizing transfers to and from certain state funds

Certain moneys transferred to prison interest and sinking fund

Chap. 21–An Act to regulate the salary and compensation of the justices of the peace and constables of Elko, Star Valley, Montello Townships, in Elko County, State of Nevada.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  From and after the first day of March, A. D. 1913, the board of county commissioners of Elko County are hereby empowered and directed to appropriate from the treasury of said county and to pay to the justices of the peace of Elko Township of said county, the sum of one hundred and fifty ($150) dollars monthly as a salary, and to the justices of the peace of Star Valley Township, Montello Township the sum of fifty ($50) dollars each monthly as a salary; and to the constable of Elko Township the sum of one hundred and fifty ($150) dollars monthly as a salary; and to the constables of Star Valley Township, Montello Township the sum of seventy-five ($75) dollars each monthly as a salary; provided, that said justices of the peace and said constables shall be allowed to retain all fees in civil cases, as now provided by law.

Fixing salaries of certain justices of the peace and constables in Elko County

Proviso

as a salary; provided, that said justices of the peace and said constables shall be allowed to retain all fees in civil cases, as now provided by law. The regularly elected or appointed justice of the peace of said townships shall pay into the county treasury each month all moneys collected by them as fees, save as hereinabove provided.

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

Poll-tax moneys to be used for public roads in each county

Regulations concerning poll-tax receipts

Chap. 22–An Act to amend an act entitled “An act providing for the disposition of poll-tax collections and providing for the issuance of poll-tax receipts,” approved March 27, 1911.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

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

      Section 1.  From and after the passage of this act, all money received from poll-tax collections shall be turned into the general road fund of the county in which said poll tax shall be collected. The county commissioners of the various counties may appropriate the money of said general road fund, for the building and maintenance of such public roads of their respective counties as they may deem for the best interest of the public.

      Sec. 2.  All receipts for poll tax shall hereafter be furnished by the respective counties instead of the state controller, and its hereby made the duty of the county auditor and county clerk of each of the counties of the state, jointly to order, or cause to be printed, from time to time, such poll-tax receipts as are needed in the county. All poll-tax receipts issued by the county assessor of any county within the state shall be signed by him.

      Sec. 3.  All acts or parts of acts in conflict with this act are hereby repealed.

Chap. 23–An Act to amend section one of an act entitled “An act to amend section one of an act entitled ‘An act to provide for the destruction of noxious animals and to repeal an act relating thereto,’ approved February 3, 1887,” approved March 24, 1911.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

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

      Section 1.  If any person shall take and kill within this state any of the following noxious animals, he shall be entitled to receive out of the treasury of the county within which such animals shall have been taken,

entitled to receive out of the treasury of the county within which such animals shall have been taken, the following bounties, to wit: For every coyote or prairie wolf, fifty cents; for every lynx or wildcat, two dollars, and for every mountain lion, five dollars, all of which bounties shall be subject to the provisions of this act; provided, that no person shall be entitled to apply for or receive bounty money for any number of scalps less than five at any one time.

      Sec. 2.  This act shall take effect March 15, 1913.

Bounties for destruction of coyotes, prairie wolves, wildcats, etc.

No less than 5 scalps at one time

Chap. 24–An Act to repeal an act entitled “An act to fix the salary of the justice of the peace of Caliente Township, Lincoln County, State of Nevada,” approved March 13, 1911.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  That said act entitled “An act to fix the salary of the justice of the peace of Caliente Township, Lincoln County, State of Nevada,” approved March 13, 1911, be and the same is hereby repealed.

      Sec. 2.  That this act shall go into effect March 1, 1913.

Repealing act concerning justice of the peace of Caliente

Chap. 25–An Act to authorize the board of school trustees of school district number four, Churchill County, State of Nevada, to issue bonds for the purpose of installing water and sewer connections in the public school building of said district number four, in the city of Fallon, and owned by said district, and matters properly connected therewith.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  The board of school trustees of school district No. 4, Churchill County, State of Nevada, is hereby authorized and required to prepare and issue bonds of said school district in the amount of one thousand dollars, exclusive of interest, for the purpose of providing funds for installing water and sewer connections for the public school building of said district No. 4, in the city of Fallon and now owned by said district.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of five hundred dollars each; shall bear interest at a rate not to exceed 7 per cent per annum; said bonds shall be numbered from one to two, inclusive, and shall be signed by the president and clerk of said board of school trustees and countersigned by the treasurer of Churchill County. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond,

Authorizing bonds for water and sewer connections at Fallon public school

Denomination of bonds; interest not to exceed 7 per cent

Negotiation of sale of bonds

Proviso

“Fallon District No. 4 Sewer and Water Fund”

Tax to be levied for bonds

Redemption of bonds

Interest to cease, when

Redemption of bonds

without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the president and clerk of said board of trustees and the county treasurer.

      Sec. 3.  The board of school trustees of said district No. 4 are hereby authorized to negotiate the sale of said bonds by advertising for sealed bids, or by private sale, as they may deem for the best interest of the school district; provided, that no bonds shall be sold for less than their par value, and that the bonds shall be made payable in gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 4.  All moneys received from the sale of said bonds shall be paid to the county treasurer of Churchill County, Nevada, and the said county treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Fallon School District No. 4 Sewer and Water Fund,” and to pay out said moneys only on warrants signed by the president and the clerk of said board of school trustees. The county treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands and for the faithful discharge of his duties in relation thereto.

      Sec. 5.  For the purpose of creating a fund for the payment of said bonds as authorized by this act and the interest thereon, the board of county commissioners of Churchill County is hereby authorized and required, at the time of making the annual levy of taxes for state and county purposes for the year 1914, and annually thereafter, to levy sufficient tax on all property, both real and personal, to redeem one of said bonds each year, and the payment each year of the accumulated interest on all the bonds authorized by this act. The taxes so levied shall be assessed and collected as other taxes are assessed and collected and shall be paid into the county treasury and set apart as a fund, which is hereby created, to be known as the “Fallon District No. 4 Bond Redemption and Interest Fund.”

      Sec. 6.  On the first Monday in January, 1915, and every year thereafter, one of said bonds, together with the interest thereon and the accumulated interest on all unredeemed bonds, shall be paid. The payment and redemption of said bonds shall be in the order of their issuance, the lowest numbered bond to be first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act shall have been paid and redeemed and all coupons shall be paid annually.

      Sec. 7.  Should the holder of said bonds or of any of them, for any cause whatsoever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 8.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners and the auditor shall credit the treasurer on his books for the amount so paid.

cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners and the auditor shall credit the treasurer on his books for the amount so paid. All bonds issued under the provisions of this act shall be payable at the office of the county treasurer of Churchill County.

      Sec. 9.  Whenever the bonds and interest provided for by this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of Churchill County, be transferred to the county school fund of the said school district No. 4.

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

Tax to cease, when

Faith of state pledged

Chap. 26–An Act authorizing the board of county commissioners of Humboldt County, State of Nevada, to regulate and fix the compensation of all justices of the peace and constables within Humboldt County, Nevada, excepting those of Lake Township and Union Township, within said county, and repealing all other acts in so far as they may conflict with this act.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  At their first meeting in March, 1913, and at any time thereafter, the board of county commissioners of Humboldt County, Nevada, may fix the salaries of any one or more of the justices of the peace and constables of all townships of said Humboldt County, excepting the salaries of the said justices of the peace and constables of Lake Township and Union Township in said county.

      Sec. 2.  Whenever the said board of county commissioners shall fix the salary of any such justice of the peace or constable, the salary so fixed shall be in lieu of all criminal fees or compensation as are now allowed by law to such officer or officers; provided, that each of said justices of the peace and constables shall be entitled to retain, in addition to the salary as fixed by said board, all civil and coroner’s fees as are now provided by law; and provided further, that in no case shall the salary of any of said justices of the peace or constables be fixed at an amount exceeding the sum of one hundred and fifty ($150) dollars per month.

      Sec. 3.  All criminal fees received by the said justices of the peace and said constables in the performance of their official duties shall be paid into the county treasury of Humboldt County by said officers within ten days after the receipt thereof.

Commissioners of Humboldt County to fix salaries of justices of the peace and constables-exceptions

Salaries in lieu of criminal fees

Officers to retain civil and coroner fees

Criminal fees to go to county treasury

Just claims against county

Constable allowed traveling expenses, when

Salaries changed at any time

the peace and said constables in the performance of their official duties shall be paid into the county treasury of Humboldt County by said officers within ten days after the receipt thereof.

      Sec. 4.  The said salaries as fixed shall be allowed and paid to each of said justices of the peace and constables as other just claims against the county.

      Sec. 5.  In addition to the said salaries each of the said constables shall be allowed his actual expenses when necessarily performing his official duties under criminal process without the boundaries of his respective township.

      Sec. 6.  Any salary so fixed by said board may thereafter be changed by said board at any time.

      Sec. 7.  All other acts and parts of acts in so far as the same may be in conflict with this act are hereby repealed.

Amending act creating boards of county commissioners

Meetings of boards, when held

Special meetings

Canvass of election returns

Chap. 27–An Act to amend section three of an act of the legislature of the State of Nevada entitled “An act to create a board of county commissioners in the several counties of this state and to define their duties and powers,” approved March 8, 1865.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section three of an act of the legislature of the State of Nevada, entitled “An act to create a board of county commissioners in the several counties of this state and to define their duties and powers,” approved March 8, 1865, as amended in 1909, is hereby amended to read as follows, to wit:

      Section 3.  The meetings of the board of county commissioners shall be held at the county-seats of their respective counties, on the first Monday of each and every calendar month; provided, that when the first Monday of any calendar month falls on a legal holiday that the meeting of said board for such month shall be held on the next secular day. Special meetings may be held at the county-seat for the transaction of business pertaining to the county whenever such meetings shall be authorized by the board by resolution duly adopted and entered upon its minutes at a regular meeting. The board shall also meet on the tenth day after each election to canvass election returns.

Chap. 28–An Act fixing the salaries of the county officers of Lander County, State of Nevada, and other matters properly connected therewith.

[Approved February 28, 1913]

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 following-named officers within Lander County, State of Nevada, shall receive in full payment for all services rendered by them the following salaries and fees:

      The sheriff shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and commission allowed by law for all collection of all licenses, 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, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than thirty miles from the county-seat he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than thirty miles from the county-seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners, a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. He may appoint a jailer whose salary shall be one hundred dollars per month.

      The county assessor shall receive eighteen hundred ($1,800) dollars per annum, and such fees and commissions as are now allowed by law.

      The county recorder, as such and as ex officio auditor, shall receive twelve hundred ($1,200) dollars per annum and the fees allowed under the act of February 27, 1883. He shall perform all county work required in his office, extend the annual assessment roll without further compensation or charge against the county.

      The county treasurer shall receive eighteen hundred ($1,800) dollars per annum.

      The county clerk shall receive twelve hundred ($1,200) dollars per annum and such civil fees as are now allowed by law.

      The district attorney, as such, shall receive eighteen hundred ($1,800) dollars per annum and such fees and commissions as are now allowed by law.

Salaries of officers of Lander County

Sheriff

All fees to go to county treasury

Travelling expenses

Jailer

Assessor

Recorder

Treasurer

Clerk

District attorney

Commissioners

Salaries paid monthly

dred ($1,800) dollars per annum and such fees and commissions as are now allowed by law.

      The county commissioners shall each receive a salary of six hundred ($600)) dollars per annum and actual traveling expenses when traveling upon the business of said county, said expenses to be sworn to and allowed by said board of county commissioners the same as any other bill against said county.

      Sec. 2.  All salaries provided for under the provisions of this act shall be payable monthly.

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

Repealing act regulating purchase of supplies by state and counties

Chap. 29–An Act to repeal an act entitled “An act regulating the purchase of supplies by the State of Nevada and the several counties of the state.”

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  That “An act regulating the purchase of supplies by the State of Nevada and the several counties of the state,” approved March 19, 1901, be, and the same is, hereby repealed.

Repealing act relating to purchase of supplies

Chap. 30–An Act to repeal an act entitled “An act relating to the purchase of supplies.”

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  That an act entitled “An act relating to the purchase of supplies,” approved March 9, 1893, be and the same is hereby repealed.

To pay deficiencies in appropriations for 1911 and 1912

Chap. 31–An Act to pay the deficiencies in the appropriations for the years of 1911 and 1912, approved February 28, 1911.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  The sum of five thousand three hundred and thirty dollars and thirty-six cents ($5,330.36) 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 of 1911 and 1912, as follows:

      Nevada Fish Commission, salaries, for the months of October, November and December, $813.42.

      Elko County Dry Farm-A. W. Hesson, salary, $102.40;

G. W. Bowers, salary, $60; A. W. Hesson, merchandise and freight, $89.93; E. S. Van Leer, blacksmith, $22; Carl Sandsberg, salary and labor, $265; Woolfried Solhman, salary and board, $646; Elko Telegraph and Telephone Company, $21.80; W. H. Harrah, feed stable, $14.25; Elko Lumber Company, $42.61; J. H. Hennen, threshing, $129.75; E. B. Carden, oats, $67.87; Jas. B. Warden, auto trips, $60; Thos. Brennan, hay, $284.48; R. Streeter, hauling, $4.75; Gordon H. True, Pullman and railroad fare, $22.10; W. T. Smith Company, desk, $37; Elko Wool and Warehouse Company, freight, $1. Total, $1,870.94.

      Deficiency, District Judges-F. P. Langan, $154.33; Peter Breen, $64.35; E. G. L. Taber, $257.46; Mark Averill, $234.85; L. N. French, $40.90; Ben Coleman, $132.35; Peter J. Somers, $94.95. Total, $979.19.

      Deficiency, Bailiff of Supreme Court-Ed. Regan, $94.

      Deficiency, Nevada Hospital for Mental Diseases-Nevada Hardware and Supply Company, hardware, $36.75; Groesbeck & O’Brien, coffins, $72; Verdi Lumber Company, wood, $104.90; W. J. Luke, blacksmithing, $3; Frank Bros, liquor, $5; Nelson & Peterson, groceries, $29.75; Nevada Packing Company, beef, $65.29; Reno Flour Mill Company, chicken feed, $7.96; Novacovich Mercantile Company, fish, $12.25; Reno Mill and Lumber Company, lumber, $8.55; Reno Shoe Factory, sole leather, $7.50; Lachman & Mayer, tobacco, $66.86; Phil Jacobs, clothing, $60.30; Conant Bros., groceries, $58.55; Gray, Reid, Wright Company, dry goods, $58.16; Reno Electrical Company, electrical supplies, $21.20; Reno P. L. & W. Company, electricity, $47.50; Union Oil Company of California, gasoline, $23.22; John A. Lewis, personal account, $63.37. Total, $752.11.

      Deficiency, Prison Road Fund-Nevada Hardware and Supply Company, $133.28; A. L. Young Machinery Company, $80.28; Standard Oil Company, $34.73; Reno Feed Company, $34.64; A. Ghigheri, $344.17; Reno Electrical Works, $0.74; Mrs. K. A. Raftice, $0.60; Overland Livery Company, $0.50; The Emporium Company, $11.75; E. S. Dougherty Company, $2.80; J. R. Bradley Company, $3; Bools & Butler, $3.25; Verdi Lumber Company, $170.97. Total, $820.70.

      Recapitulation of Deficiencies-The Nevada fish commission, salaries, $813.42; Elko County dry farm, $1,870.94; district judges, $979.19; bailiff of supreme court, $94; hospital for mental diseases, $752.11; prison road fund, $820.70 Total, $5,330.36.

      Sec. 2.  The state controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this act, and the state treasurer is directed to pay the same.

To pay deficiencies in appropriations for 1911 and 1912

Duties of controller and treasurer

Railroads must use headlights of certain brilliancy

Locomotives must show light in direction they are moving

Penalties for noncompliance

Chap. 32–An Act to promote the public safety by requiring common carrier railroads to provide and equip all locomotives in road service with headlights, of lighting capacity of 1,500 candle power, and prescribing penalty for the violation of the provisions thereof.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  Every company, corporational lessee, manager or receiver, owning or operating a railroad in this state, is hereby required to equip, maintain, use and display at night upon each and every locomotive being operated in road service in this state, an electric or other headlight of at least 1,500 candle power, measured without the aid of a reflector; provided, that this act shall not apply to locomotive engines regularly used in switching cars or trains; and provided further, that this act shall not apply to railroads not maintaining regular night-train schedules, nor to locomotives going to or returning from repair shops when ordered in for repairs.

      Sec. 2.  All locomotives backing up, over any division or district, or portion thereof at night, shall be provided with a headlight of the character described in section 1 hereof displayed in the direction the engine is moving.

      Sec. 3.  Any railroad company, or the receiver, or lessee thereof, doing business in the State of Nevada, which shall violate the provisions of this act shall be liable to the State of Nevada for the penalty of not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars for each offense. And such penalties shall be recovered and suit brought, in the name of the State of Nevada, in any court of competent jurisdiction, in any county in or through which such line of railroad may run, by the attorney-general or by the district attorney in any county in or through which such line of railroad may be operated.

      Sec. 4.  This act shall take effect January 1, 1914.

Regulating prices of state law books

Chap. 33–An Act in relation to the sale of state law books.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  The secretary of state is hereby authorized and directed to sell the state law books at the following prices, namely: For each volume of the Nevada Reports, two dollars and twenty-five cents; for each volume of Nevada and Sawyer’s Digest (1878), one dollar; for each volume Compiled Laws of Nevada (1861-1900), six dollars; Statutes of Nevada, two dollars a volume during the two years immediately succeeding the date of publication, and at the expiration of two years, one dollar a volume; Special Session Laws, 1908, and 1912, fifty cents per volume; for each volume of Constitutional Debates, 1864, three dollars; for each set of Revised Laws of Nevada, 1912, fourteen dollars a set.

tion of two years, one dollar a volume; Special Session Laws, 1908, and 1912, fifty cents per volume; for each volume of Constitutional Debates, 1864, three dollars; for each set of Revised Laws of Nevada, 1912, fourteen dollars a set.

      Sec. 2.  All fees collected in the office of the secretary of state shall be paid into the state treasury for the use and benefit of the library fund.

      Sec. 3.  All acts or parts of acts in conflict therewith are hereby repealed.

All moneys to go to library fund

Chap. 34–An Act to amend an act entitled “An act to provide for the appointment of guardians, and to prescribe their duties,” approved March 11, 1899.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

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

      Section 5.  The father and mother, being each competent to transact his or her own business, and not otherwise unsuitable, shall be entitled to the guardianship of the minor. If either the father or mother be dead or be unable or refuse to take the custody of the minor, or has abandoned his or her family, the other is entitled thereto.

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

      Section 6.  The guardian or guardians appointed as aforesaid shall have the custody and tuition of the minor, and the care and management of the estate, of which appointed, including the earnings of said minor, until such minor shall attain the age of twenty-one years, if a male, or eighteen years, if a female, unless sooner discharged according to law.

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

      Section 13.  Nothing contained in this act shall affect or impair the power of the court to appoint a guardian to defend the interest of any minor, in any suit or matter pending therein, or to appoint or allow any person as the next friend of a minor to commence and prosecute any suit in behalf of a minor.

Father and mother legal guardian of minor child

Guardian to have custody of child during minority

Court may appoint guardian to defend interest of minor

Chap. 35–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

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

Who may, as plaintiff, prosecute for seduction of daughter

Who may maintain action for death of minor child

      Section 53.  The father and mother jointly or the father or the mother, without preference to either, may prosecute as plaintiff for the seduction of the daughter, who, at the time of her seduction, is under the age of majority; and the guardian, for the seduction of the ward, who, at the time of her seduction, is under the age of majority, though the daughter or ward be not living with or in the service of the plaintiff at the time of the seduction, or afterwards, and there be no loss of service.

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

      Section 54.  The father and mother jointly, or the father or the mother, without preference to either, may maintain an action for the death or injury of a minor child, when such injury or death is caused by the wrongful act or neglect of another; and a guardian may maintain an action for the injury or death of his ward, if the ward be of lawful age, when such injury or death is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of the heirs of the ward. Any such action may be maintained against the person causing the injury or death, or, if such person be employed by another person who is responsible for his conduct, also against such other person.

Order of appointment of administrator of estate of person dying intestate

Chap. 36–An Act to amend an act entitled “An act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  That section thirty-eight of said act be amended to read as follows:

      Section 38.  Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order: First-The surviving husband or wife, or such person as he or she may request to have appointed. Second-The children. Third-The father, or the mother. Fourth-The brother. Fifth-The sister. Sixth-The grandchildren. Seventh-Any other of the kindred entitled to share in the distribution of the estate. Eighth-The public administrator. Ninth-The creditors. Tenth-Any of the kindred not above enumerated, within the fourth degree of consanguinity. Eleventh-Any person or persons legally competent.

Chap. 37–An Act pertaining to the form of denials in pleadings in civil actions in the State of Nevada.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  Whenever, in any civil action hereafter brought in any court of the State of Nevada, a specific denial of the allegations of any pleading is or may be required by any law of this state, the following shall be deemed to be a specific denial and shall be sufficient to put in issue all allegations so denied:

      A denial by reference to the paragraphs sought to be denied, citing, by paragraph number, the paragraph or paragraphs sought to be denied, and stating that the party denies all matters in said paragraph or paragraphs contained; or, if it is intended to deny part and to admit part of the allegations of any paragraph, stating that the party denies all matters in such paragraph except certain allegations referred to with sufficient certainty so that it may readily be understood which parts of said paragraph are intended to be denied and which to be admitted.

      Sec. 2.  Whenever any pleading mentioned in section 1 hereof shall not be divided into numbered paragraphs, a general denial of such pleading shall be sufficient to put in issue all matters there contained; or the party denying such pleading may deny the same generally, saving and excepting such allegations as he may desire to admit, referring to the admitted allegations with sufficient certainty so that it may readily be understood which parts of said pleading are intendent to be admitted; but nothing herein contained shall be construed to permit a denial, under oath, of any allegation the denial of which, except for this statute would constitute perjury.

      Sec. 3.  This act shall take effect from and after its passage and approval.

What constitutes specific denial in civil actions

What constitutes general denial in civil actions

In effect

Interest on White Pine County high school bonds not to exceed 6 per cent

Further regulations

Chap. 38–An Act to amend section five of an act entitled “An act to provide for a county high school in the city of Ely, Nevada, for the purchase of a site and the erection, furnishing and equipment of a building for such school, for the issuance and payment of bonds for the creation of a fund for the purchase of such site, the erection, furnishing and equipment of such building and the establishing and maintaining of such school,” approved February 8, 1913.

[Approved February 28, 1913]

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

Assembly, do enact as follows:

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

      Section 5.  The interest on said bonds shall not exceed six (6) per centum per annum, and shall be payable semiannually on January 1 and July 1 in each year after the year 1912; said interest and the principal of said bonds shall be payable at the office of the county treasurer of White Pine County, in the city of Ely, Nevada, or at some banking institution in the city and State of New York, at the option of the holder thereof. Said bonds shall be due serially five thousand dollars in each year, commencing with the year 1918, and in no case shall any of said bonds run for a period longer than fifteen (15) years; and provided, that the interest on said bonds shall cease upon maturity thereof, as hereinafter provided. Said bonds are to be issued in the denomination of either $500 or $1,000 each and numbered consecutively from 1 to 50, or 1 to 100, as hereinbefore provided.

Defendant, when successful in civil action, to receive all property and proceeds of sales when litigation is ended

Chap. 39–An Act to amend section 220 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911,” the same being section 5162 of Revised Laws of Nevada (1912).

[Approved February 28, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section two hundred and twenty of the above-entitled act is hereby amended so as to read as follows:

      Section 220.  If the defendant recover final judgment against the plaintiff, that is, final in the full sense of ending the litigation, whether the judgment becomes final in the trial or the appellate court, then any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands, shall be delivered to the defendant or his agent; the order of attachment shall be discharged and the property released therefrom; but until a judgment in a case becomes final as above stated, the attachment therein shall hold good unless it be otherwise legally released, discharged or dissolved, as elsewhere provided in the said act approved March 17, 1911.

sheriff’s hands, shall be delivered to the defendant or his agent; the order of attachment shall be discharged and the property released therefrom; but until a judgment in a case becomes final as above stated, the attachment therein shall hold good unless it be otherwise legally released, discharged or dissolved, as elsewhere provided in the said act approved March 17, 1911.

      This act shall also be applicable to justice courts.

Chap. 40–An Act to amend an act entitled “An act in relation to money of account and interest,” approved November 28, 1861.

[Approved March 1, 1913]

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

Assembly, do enact as follows:

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

      Section 5.  Parties may agree, for the payment of any rate of interest on money due, or to become due, on any contract, not exceeding, however, the rate of twelve per cent (12%) per annum. Any judgment rendered on any such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment; provided, only the amount of the original claim or demand shall draw interest after judgment. Any agreement for a greater rate of interest than herein specified, shall be null and void and of no effect as to such excessive rate of interest.

Rate of interest may be agreed upon, not to exceed 12 per cent

Chap. 41–An Act to amend an act entitled “An act to provide for the appointment of notaries public, fixing their term of office, and enlarging the territory within which they may act,” approved February 26, 1907, by adding thereto a new section to be known as section four.

[Approved March 3, 1913]

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

Assembly, do enact as follows:

      Section 1.  That certain act entitled “An act providing for the appointment of notaries public, fixing their terms of office, and enlarging the territory within which they may act,” approved February 26, 1907, is hereby amended by the addition of another section to be known as section four, which said section shall be as follows, to wit:

      Section 4.  Females over the age of twenty-one years who have resided in this state one year, and in the county or district six months next preceding the making of such appointment, shall be eligible for appointment as notaries public.

Females over 21 may be appointed notaries public

Churchill County clerk and treasurer consolidated

Sheriff ex officio assessor

Chap. 42–An Act to consolidate certain county offices in and for Churchill County, State of Nevada, to take effect on the first Monday in January, 1915, and repealing all other acts in conflict herewith.

[Approved March 3, 1913]

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

Assembly, do enact as follows:

      Section 1.  On and after the first Monday in January, 1915, the office of clerk and treasurer of Churchill County shall be consolidated and the clerk shall be ex officio treasurer of said county.

      Sec. 2.  On and after the first Monday in January, 1915, the office of sheriff and assessor of Churchill County, Nevada, shall be consolidated, and the sheriff shall be ex officio assessor of said county.

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

Legislative appropriation, $25,000

Duties of controller and treasurer

Residue to revert

Chap. 43–An Act to create an additional legislative fund.

[Approved March 4, 1913]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart from any money in the general fund, not otherwise especially appropriated, the sum of twenty-five thousand ($25,000) dollars, which shall constitute an additional legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the Senate and Assembly for per diem, mileage, and incidental expenses of the respective houses, when properly certified to, in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund at the adjournment of the legislature, shall revert to the general fund.

Chap. 44–An Act for the relief of Thomas B. Ramsey for services rendered the State of Nevada under instructions from the governor.

[Approved March 4, 1913]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated,

moneys in the state treasury not otherwise appropriated, the sum of eight hundred ($800) dollars to pay Thomas B. Ramsey for per diem allowance of ten ($10) dollars per day while acting under instructions from the late Governor John Sparks, as the special representative of the governor of the State of Nevada, from the 7th day of December, 1907, to the 24th day of February, 1908, both dates inclusive.

      Sec. 2.  The state controller is hereby directed to draw his warrant for the amount named in section 1 of this act, and the state treasurer is hereby directed to pay the same.

Relief of T. B. Ramsey, $800

Duties of controller and treasurer

Chap. 45–An Act to amend section two of an act entitled “An act to segregate certain county officers in Elko County, State of Nevada, and fixing their salaries, to take effect on the first Monday in January, 1909,” approved March 27, 1907.

[Approved March 4, 1913]

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

Assembly, do enact as follows:

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

      Section 2.  The sheriff of Elko County shall receive the sum of two thousand four hundred ($2,400) per annum; he shall pay into the county treasury each month all moneys collected by him for fees; provided, that twenty per cent of all moneys collected by said sheriff for sheep licenses may be retained by him as commission for collecting the same; and provided further, that when it becomes necessary, in the discharge of official duties, for the sheriff to travel from the county-seat, he shall be allowed his necessary and actual traveling expenses therefor. He shall also be reimbursed for any and all telegraph and telephone tolls necessary in the discharge of his official duties. 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. The sheriff may appoint two deputies who shall each receive a salary of twelve hundred dollars ($1,200) per annum. One of said deputies shall act as jailer, said deputies to be paid monthly and in the same manner as other officers of the county are now paid; provided, that in cases of emergency and when the board of county commissioners deem it necessary, the sheriff may, with the consent and approval of the board, appoint one or more deputies, such deputy or deputies to serve only so long as said emergency may continue, and to be paid at the rate of $100 per month.

Regulating salary of sheriff of Elko County

Expenses

Deputies, when

Salary of district attorney of White Pine County

Chap. 46–An Act fixing and regulating the compensation of the district attorney and ex officio public administrator in and for White Pine County, Nevada, and repealing all acts and parts of acts in conflict therewith.

[Approved March 4, 1913]

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

Assembly, do enact as follows:

      Section 1.  From and after the taking effect of this act, the district attorney and ex officio public administrator in and for White Pine County, Nevada, shall receive an annual salary of twenty-five hundred dollars, which salary shall be paid in twelve equal monthly installments. He shall also be entitled to all fees prescribed by law with reference to the office of public administrator.

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

Authorizing bonds to pay indebtedness of town of Caliente for water supply

Chap. 47–An Act to amend section one of an act entitled “An act to authorize the board of county commissioners of Lincoln County, Nevada, to empower the board of fire commissioners of the town of Caliente, in said county, to issue bonds for the purpose of paying off the outstanding indebtedness of said town incurred on account of installing a system of water supply for said town, and to complete and perfect the same,” approved March 18, 1911.

[Approved March 6, 1913]

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

Assembly, do enact as follows:

      Section 1.  That said section one of said act above entitled is hereby amended to read as follows:

      Section 1.  For the purpose of providing funds to pay the outstanding indebtedness of the town of Caliente incurred in providing said town with an adequate water supply for fire protection and domestic purposes, and to complete and perfect the same, the board of county commissioners of Lincoln County is hereby authorized and required to empower the board of fire commissioners of said town to issue bonds, in the name of said town, in a sum not exceeding thirty-six hundred dollars, gold coin of the United States, and to pledge the good faith and credit of the said town for the payment of the principal and interest of the same. Such bonds shall be known as “Caliente Water Supply Bonds.” Such bonds shall be of denominations not less than one hundred dollars each, and shall each purport and state upon the face thereof that the town of Caliente, in Lincoln County, State of Nevada, is indebted to the holder, in gold coin of the United States, in the sum therein stated, with interest at a rate not exceeding seven per cent per annum, from and after date of issuance, interest payable annually, on the 10th day of May, 1912, and each year thereafter, said interest to be paid at the office of the county treasurer of said county.

ing seven per cent per annum, from and after date of issuance, interest payable annually, on the 10th day of May, 1912, and each year thereafter, said interest to be paid at the office of the county treasurer of said county. None of said bonds shall run for a longer period than seven years.

Interest not over 7 per cent

Chap. 48–An Act consenting to the use by the United States of America of Lake Tahoe, its waters, bed, shores, and capability of use for reservoir purposes, in connection with the Truckee-Carson reclamation project of the reclamation service of the United States.

[Approved March 6, 1913]

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

Assembly, do enact as follows:

      Section 1.  That the purpose of aiding the Truckee-Carson reclamation project now being carried out by the reclamation service of the United States of America, under the act of congress approved June 17, 1902 (32 Stat. p. 384), known as the reclamation act, and acts amendatory thereof or supplementary thereto, consent is hereby given to the use by the United States of America of Lake Tahoe, situated partly in the State of California and partly in the State of Nevada, and the waters, bed, shores and capability of use for reservoir purposes thereof, in such manner and to such extent as the United States of America through its lawful agencies shall think proper for such purpose, and as fully as the State of Nevada could use the same; provided, however, that the consent hereby given is without prejudice to any existing rights that persons or corporations may have in Lake Tahoe or the Truckee River.

Consenting to use of Lake Tahoe by U. S. reclamation service

Proviso

Chap. 49–An Act to reimburse the United States of America for military property lost by the State of Nevada, and to purchase from the United States of America, as relics, certain obsolete ordnance and ordnance stores now in possession of the State of Nevada.

[Approved March 6, 1913]

      Whereas, The following enumerated property of the United States of America has been lost while in possession of the State of Nevada and said loss cannot be accounted for, and the assistant secretary of war has notified the governor of this state that the value thereof should be paid to said United States, amounting to one hundred and sixty-one and forty-hundredths dollars, namely:

      Seven officers’ sword belts and plates; twenty-one saber belts and plates;

Preamble

To pay U. S. for lost military property

Appropriation, $881.40

Duties of controller and treasurer

belts and plates; two officers’ saddlecloths; one Colt’s revolver, cal. 38; one cavalry saber and scabbard; one blanket bag; seventeen brass hook attachments for bayonet scabbards; one arm chest; two wall tents; four ridge poles and two upright poles; and,

      Whereas, The assistant secretary of war has offered to sell to the State of Nevada for the sum of twenty dollars two caissons for three-inch wrought-iron muzzle-loading guns; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of one hundred and eighty-one and forty-hundredths dollars is hereby appropriated from the state treasury to reimburse the United States of America for the loss of the property enumerated in the foregoing preamble, and to purchase the caissons therein mentioned.

      Sec. 2.  The state controller is hereby directed to draw his warrants for the sum specified and the state treasurer to pay the same from said appropriation, said warrants to be drawn in favor of the governor of the State of Nevada.

Road supervisor in White Pine abolished

Road districts

Election of district road supervisors

Chap. 50–An Act abolishing the office of road supervisor of White Pine County, authorizing the division of said county into road districts, and providing for the election of road supervisors for said districts, and fixing the duties and compensation for said road supervisors.

[Approved March 6, 1913]

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

Assembly, do enact as follows:

      Section 1.  The office of road supervisor of White Pine County shall be abolished on and after the first Monday in January, 1915.

      Sec. 2.  The board of county commissioners of White Pine County shall, immediately after the passage and approval of this act, divide the said county of White Pine into road districts.

      Sec. 3.  At the general election in November, 1914, there shall be elected in each of the road districts into which said county is divided as provided in the preceding section, one road supervisor, who shall hold office for two years or until his successor has duly qualified. Said road supervisors shall take office on the first Monday in January following their election, provided they have duly qualified by filing their official oath and a good and sufficient bond conditioned for the faithful performance of their duties in an amount to be determined by the board of county commissioners.

      Sec. 4.  It shall be the duty of each of said road supervisors to examine and inspect all county roads and public highways in his district outside of any incorporated town or city,

ors to examine and inspect all county roads and public highways in his district outside of any incorporated town or city, to report the condition thereof to the board of county commissioners, to supervise the repairs made on any such roads or highways, or the opening or building of any new roads, to keep the same free from obstructions and to perform such other duties in relation thereto as are necessary in their proper upkeep; provided, however, that all of his said acts and duties shall be under the general supervision of the said board of county commissioners, and he shall not spend or contract for the spending of any county funds in the performance of his said duties, or in the repair or the building of the said roads, without being first authorized by the said board so to do.

      Sec. 5.  The said road supervisors shall be paid only for the work they actually perform, and each of them shall present his bill to the said board for such services, and the same shall be regularly approved and passed by the said board as other county bills, before they shall be paid.

      Sec. 6.  All other acts or parts of acts in conflict herewith are hereby repealed.

      Sec. 7.  This act shall take effect and be in force from and after its passage.

Duties of said district road supervisors

Proviso

Payment of said supervisors

In effect

Chap. 51–An Act to amend an act entitled “An act relating to the organized and to the enrolled militia,” and to repeal certain acts in conflict therewith.

[Approved March 7, 1913]

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

Assembly, do enact as follows:

      Section 1.  The national guard of Nevada shall be composed of such units, upon the approval of the governor of Nevada, as the war department of the United States may suggest, and of such other units as the governor may approve of.

      Sec. 2.  The national guard of Nevada shall be uniformed as the army of the United States is uniformed, except that the abbreviations “Nev. N. G.” shall replace the letters “U. S.” where those letters occur.

      Sec. 3.  It shall be governed by the regulations made by the war department of the United States for the organized militia of the United States and such laws as the legislature of this state may enact and such rules and regulations as the governor of this state may make.

      Sec. 4.  The governor, as commander-in-chief of the militia, shall issue commissions to all officers appointed or elected therein. The commissioners shall be attested by the secretary of state with the great seal, and also by the adjutant-general with the seal of his office. No fee shall be charged for military commissions.

Composition of Nevada national guard

Uniform

U. S. regulations

Governor to issue commissions

No fee for commissions

No double membership

Citizens subject to military duty

Certain sections of statutes repealed

      Sec. 5.  No person shall be a member of more than one unit of the national guard at the same time.

      Sec. 6.  Every able-bodied male citizen of this state more than eighteen years and less then forty-five, not exempt by law, shall be subject to military duty, and shall be enrolled and organized as is now provided by law.

      Sec. 7.  All acts and parts of acts in conflict with this act are hereby repealed.

      Sec. 8.  Sections three, eleven, sixteen, twenty-seven, and thirty-four of an act entitled “An act relating to the national guard and the enrolled militia,” approved March 6, 1893, and sections one, two, three, four, and five of an act entitled “An act relating to the Nevada national guard,” approved March 6, 1899, and sections fifty-four and sixty-one of an act entitled “An act to provide for organizing and disciplining the militia of the state,” approved March 4, 1865, are hereby repealed.

Respecting ability of insane person, or relatives, to pay for maintenance in hospital at Reno

Chap. 52–An Act to amend an act entitled “An act to provide for the care of the insane of the State of Nevada, and create a fund for that purpose,” approved March 2, 1869.

[Approved March 7, 1913]

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

Assembly, do enact as follows:

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

      Section 3.  The district judge shall cause inquiry to be made touching the ability of insane persons committed by him to bear the expenses attending the arrest, examination, transmission to the capital and such other charges as may be necessary in order to properly provide for his or her support. In any case where the insane person is able, by the possession of money or real or personal property, to pay said expenses, the district judge shall appoint a guardian of said insane person, who shall be subject to the general law in relation to guardians, as far as the same may be applicable; and when there is not sufficient money in hand, the judge shall order the sale of the property of such person, or so much thereof as may be necessary, and from the proceeds said guardian shall pay all proper costs and charges incidental to arrest, transmission and proper care and support of such insane person during the period of his or her insanity, or so long as there shall be sufficient means to meet said charges and expenses, and in case such insane person has no means applicable to his or her own support, but has kindred in the degree of husband or wife, or (if a minor) father or mother living within this state, of sufficient means and ability to support such insane person, the judge before whom the examination is had shall order that all expenses and charges be paid by the nearest of such kindred, or may assess the same among such kindred as he may deem just and equitable, causing such charges as the state may be obligated to pay to the directors of the asylum at Reno, to be paid quarterly in advance to the state treasurer, together with all costs and expenses necessarily incurred in transmitting said person to said asylum.

nearest of such kindred, or may assess the same among such kindred as he may deem just and equitable, causing such charges as the state may be obligated to pay to the directors of the asylum at Reno, to be paid quarterly in advance to the state treasurer, together with all costs and expenses necessarily incurred in transmitting said person to said asylum. And from the date of such order of the district judge, such expenses and charges shall be a lien against the property of such kindred and may be enforced as other liens against real or personal property.

Chap. 53–An Act appropriating four thousand eight hundred dollars for the support and maintenance of the Florence Crittenton Mission of Nevada, Incorporated, located at Reno, Washoe County, Nevada.

[Approved March 7, 1913]

      Whereas, A number of the citizens of the State of Nevada have incorporated under the laws of the State of Nevada the Florence Crittenton Mission, Incorporated, and a branch of the National Crittenton Mission; and

      Whereas, Among other things, the purposes for which said corporation is formed are: To aid and encourage destitute, homeless, and friendless women to lead lives of respect and to reach positions of honorable self-support; to provide a temporary home and employment for women and girls who have been led from the path of virtue and who sincerely desire to reform, and to aid and encourage them to seek respectability and reformation of character; to provide shelter for young and unprotected mothers with their children, and to encourage and assist young mothers in caring for their children, etc.; and,

      Whereas, Said corporation has had no capital stock nor shares of stock; and its members consist of men and women who are in sympathy with, and who voluntarily contribute to its purposes, and the contributions of said corporation since its organization have been very small; and,

      Whereas, Said corporation has cared for many who have sought shelter, and the demands of said corporation are continually increasing, and it is without funds to properly care for those seeking its protection and carrying out the great objects and purposes for which it is organized; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of four thousand eight hundred dollars is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, for the purposes of assisting the Florence Crittenton Mission of Nevada, Incorporated, in carrying out the objects and purposes for which it was organized; provided, that said money shall be used for the purposes ordered and with the consent of the state board of examiners.

Florence Crittenton Mission

Appropriation, $4,800

Paid in monthly installments

Duties of controller and treasurer

assisting the Florence Crittenton Mission of Nevada, Incorporated, in carrying out the objects and purposes for which it was organized; provided, that said money shall be used for the purposes ordered and with the consent of the state board of examiners.

      Sec. 2.  Said four thousand eight hundred dollars thus appropriated shall be paid to the treasurer of said corporation in installments of two hundred dollars per month for a period of twenty-four (24) months.

      Sec. 3.  The state controller is hereby authorized and required to draw his warrant in favor of the treasurer of said corporation for the sums named in this act, and the state treasurer is hereby authorized and required to pay the same.

Concerning artesian wells

Water must not be wasted

Duties of peace officers regarding waste of water

Chap. 54–An Act to provide a law for the conservation of underground waters in the State of Nevada; provided for the casing and capping of artesian wells; and providing a penalty for the violation of the provisions of such act.

[Approved March 7, 1913]

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

Assembly, do enact as follows:

      Section 1.  Every person sinking or boring an artesian well in the State of Nevada, shall cause to be placed in such well a proper and sufficient casing of strength sufficient and so arranged and placed as to prevent the caving in of such well, and to prevent the escape of water therefrom, when it is desirable to confine the same, and to provide the necessary valves and appliances to prevent or control the flow of water from such well.

      Sec. 2.  No person controlling an artesian well shall suffer or permit water thereof to flow to waste, unless, and so far, as reasonably necessary to prevent the obstruction thereof, or to flow or to be taken therefrom, save for beneficial uses.

      Sec. 3.  Any police officer of a city, county or the State of Nevada, upon complaint of any person that the proprietor of any artesian well, or person controlling the same, allowed the waters thereof to unreasonably run to waste therefrom, or has failed to install proper casing, valves or appliances, may, at any reasonable hour of the day or night, enter upon any premises where such well is situated, for inspecting the same and for ascertaining whether there is sufficient cause for such complaint, and in order to institute or cause to be instituted criminal prosecution for noncompliance with the provisions of this act, and every person sinking or boring for an artesian well upon his own land or suffering others to do so, shall be deemed in law to expressly license such entry of the officers aforementioned, or any of them, for the purpose of such inspection and examination.

      Sec. 4.  If any person, company or corporation, being the proprietor of or controlling any artesian well,

proprietor of or controlling any artesian well, shall allow the same to flow without causing it to be furnished with the necessary valves or appliances for arresting or preventing the flow of water therefrom, as provided in section 1 of this act, or who shall knowingly permit the water thereof to flow to waste unnecessarily or to the injury of others, or being in possession of or controlling the premises where any artesian well is situated, shall wilfully prevent any officer entitled by the provisions of this act to visit and inspect the same, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding one hundred dollars ($100), or imprisonment in the county jail not exceeding three (3) months, or both such fine and imprisonment in the discretion of the court wherein conviction is had.

      Sec. 5.  This act shall take effect from and after its passage and approval.

Penalties for waste of water

In effect

Chap. 55–An Act for the relief of Wellington Bowen.

[Approved March 7, 1913]

      Whereas, On the first day of December, one thousand eight hundred and seventy, Wellington Bowen displayed marvelous heroism in the defense of the state prison and, at the imminent peril of his own life, defended the officers from the infuriated convicts, thereby preventing a general outbreak of the prisoners, received a wound upon the head from a slungshot in the hands of a prisoner, which disabled him for life; and,

      Whereas, Said Bowen, from the effects of said wound, now and for a long time past, has been unable to labor for his own support and is utterly helpless and indigent; and,

      Whereas, The legislature of the State of Nevada did, at its twenty-first session, and at various sessions thereafter, pass acts appropriating various sums of money for the benefit of said Wellington Bowen in appreciation of the services so rendered; and,

      Whereas, Said appropriation has been exhausted, now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of seven hundred and twenty ($720) dollars, or so much thereof as may be necessary to be used and paid as hereinafter specified, is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated, for the benefit of the said Wellington Bowen.

      Sec. 2.  It shall be the duty of the state controller to draw his warrant on the state treasurer in favor of the said Wellington Bowen for the sum of thirty ($30) dollars, for each and every month during the lifetime of the said Wellington Bowen,

Relief of Wellington Bowen

Appropriation, $720

Duties of controller and treasurer

and every month during the lifetime of the said Wellington Bowen, or until the said sum of seven hundred and twenty ($720) dollars shall be fully exhausted.

Shares of stock deemed personal estate

How transferred

Married woman may transfer same as if single

Chap. 56–An Act to amend section twenty-seven of an act entitled “An act providing a general corporation law,” approved March 16, 1903, the same being section 1131 of the Revised Laws of Nevada.

[Approved March 7, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section twenty-seven of an act entitled “An act providing a general corporation law,” approved March 16, 1903, is hereby amended so as to read as follows:

      Section 27.  Whenever the capital stock of any corporation is divided into shares, and certificates thereof are issued, the stock of the company shall be deemed personal estate. Such shares may be transferred by endorsement and delivery of the certificate thereof, such endorsement being by the signature of the proprietor, or his or her attorney, appointed by written power, or legal representative duly authorized; but such transfer shall not be valid against such corporation until the same shall have been so entered upon the books of the corporation as to show the names of the parties by and to whom transferred, the number or designation of the shares, and the date of the transfer, and the old certificate surrendered and canceled, which must be done in all cases, except in case of loss or destruction of original, before a new one issue. In all cases in which shares of stock in corporations now existing, or hereafter incorporated under any law of this state, are held or owned by a married woman, such shares may be transferred by her, her agent or attorney, authorized by writing, without the signature of her husband, in the same manner as if such married woman were a single woman. All dividends payable upon any shares of stock of a corporation held by a married woman, may be paid to such married woman, her agent, or attorney, in the same manner as if she were unmarried. And it shall not be necessary for her husband to join in receipt therefor; and any proxy or power given by a married woman, touching any share of stock of any corporation owned by her, shall be valid and be binding without the signature of her husband, the same as if she were unmarried.

Chap. 57–An Act providing for a state loan and the refunding of the outstanding indebtedness of the state.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  That for the purpose of enabling the state to transact its business upon a cash basis, and to refund its outstanding indebtedness, authorized under an act entitled “An act supplemental to an act entitled ‘An act authorizing a state loan,’ approved March 6, 1893, as amended and approved March 16, 1895,” approved March 16, 1905; an act entitled “An act providing for a state loan and its repayment by issuing certain bonds therefor, levying a certain ad valorem tax, and other matter relating thereto,” approved March 23, 1909, and an act entitled “An act authorizing a state loan,” approved February 29, 1912, the sum of three hundred thousand dollars is hereby authorized to be borrowed; first, for the redemption of said outstanding bonds with the accrued interest thereon, and second, the balance remaining after such redemption to be applied for the use and benefit of the general fund of the state. All moneys in the state treasury applicable to the payment of such outstanding state debt shall be applied thereon at the time of such redemption.

      Sec. 2.  Said sum shall be borrowed from the state school fund, from the university fund 90,000-acre grant, and from the state university fund, in such proportions thereof from each said funds as the commission hereinafter provided for shall determine.

      Sec. 3.  Said loan shall bear interest at a rate of not to exceed five per cent per annum, and shall be payable at any time within twenty years from the date of the issue of the bonds hereinafter provided for. The said interest shall be paid semiannually on the first days of July and January of each year, and the state controller is hereby directed to draw his warrant on the state loan interest and redemption fund, hereby created in the state treasury, for the amount of said semiannual interest when due and in favor of the fund entitled thereto, and for the regular and prompt payment of said interest the faith and credit of the state is hereby pledged.

      Sec. 4.  The provisions of this act shall be executed under the direction of a commission, consisting of the governor, the state controller, and the state treasurer, and said commission shall provide immediately for such loan and the redemption of all outstanding bonds issued under the state loans aforesaid.

      Sec. 5.  The state controller shall cause to be prepared the bonds used in pursuance of this act, and each bond shall state in substance that the State of Nevada will pay to the state school fund, the university fund 90,000-acre grant, or the state university fund, as the case may be, the amount of the bond within twenty years from the date of issue, and interest semiannually at the rate of not to exceed five per cent per annum.

State loan of $300,000 provided for

Redemption of bonds

Borrowed from educational funds

Interest at 5 per cent per annum

Governor, controller, and treasurer to constitute commission

Form of bonds

Bonds to be deposited in respective funds

Tax for redemption of bonds

Duties of treasurer and controller

Surplus after semiannual interest payments applied to redemption of bonds

in substance that the State of Nevada will pay to the state school fund, the university fund 90,000-acre grant, or the state university fund, as the case may be, the amount of the bond within twenty years from the date of issue, and interest semiannually at the rate of not to exceed five per cent per annum. Said bonds shall be of the denomination of one thousand dollars each, payable in gold coin of the United States, and shall be numbered in sequence, each bond bearing a different number, and when retired shall be retired in such sequence. Said bonds shall be signed by the governor, indorsed by the state treasurer, countersigned by the state controller and authenticated by the great seal of the state.

      Sec. 6.  The said commission, after prorating the said loan of three hundred thousand dollars among the three funds aforesaid, shall deposit in each such fund bonds as aforesaid for the amount so prorated to it, and shall simultaneously retire and cancel all other bonds of the state therein of the issues mentioned in section 1 of this act; and the state controller shall thereupon draw his warrant against each such fund and in favor of the general fund for the difference between the redemption value of the bonds so retired and canceled and the face value of the bonds so deposited.

      Sec. 7.  There shall be levied and collected for the fiscal year commencing January 1, 1913, and annually thereafter until January 1, 1916, an ad valorem tax of one and two-tenths cents, and commencing January 1, 1916, and annually thereafter an ad valorem tax of four cents on each one hundred dollars taxable property in the state, and all moneys derived from said taxes shall be paid into the state loan interest and redemption fund, created as aforesaid for the payment of the interest and the redemption of the bonds authorized by this act.

      Sec. 8.  It shall be the duty of the state treasurer and the state controller to make definite arrangements for the payment of the interest on said bonds when the same shall become due, and the state controller is hereby directed to draw his warrant on the state loan interest and redemption fund for said interest, on an order by the state treasurer, and apportion the same to the said funds holding said bonds.

      Sec. 9.  Whenever, at the time of paying the semiannual interest of the bonds provided to be issued by this act, there shall remain a surplus, after payment of such interest, over and above the amount which it may be necessary to reserve for the payment of the next semiannual interest, of one thousand dollars or more in the state loan interest and redemption fund, such surplus shall be applied to the payment of the loan herein authorized, by the retirement and cancelation of bonds to the amount of such surplus.

      Sec. 10.  If the provisions of this act are carried out prior to July 1, 1913, then and in that event the portions of the June installment of taxes for the year 1912, provided by an act entitled “An act to fix the state tax levy, and to distribute the same into the proper funds,” approved March 4, 1912, to be applied to the payment of the interest and the redemption of the principal of the bonds in this act provided to be refunded, shall be transferred to the general fund, and the state controller and state treasurer are hereby authorized and directed to make such transfer; provided, that said transfer shall not be made until after the satisfaction of any interest which may have accrued on the bonds herein provided for on said July 1, 1913, and the balance only at such time shall be transferred to the general fund.

act entitled “An act to fix the state tax levy, and to distribute the same into the proper funds,” approved March 4, 1912, to be applied to the payment of the interest and the redemption of the principal of the bonds in this act provided to be refunded, shall be transferred to the general fund, and the state controller and state treasurer are hereby authorized and directed to make such transfer; provided, that said transfer shall not be made until after the satisfaction of any interest which may have accrued on the bonds herein provided for on said July 1, 1913, and the balance only at such time shall be transferred to the general fund.

Controller and treasurer, under conditions, authorized to make transfer

Chap. 58–An Act to authorize the board of county commissioners of the county of Humboldt, State of Nevada, to issue bonds to provide for the construction, equipment and furnishing of a high-school building in the town of Lovelock, Nevada, and authorizing the county board of education of said county to construct, equip and furnish said building.

[Approved March 10, 1913]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Humboldt County is hereby authorized, empowered and directed to prepare and issue bonds in said county, such bonds to be issued on or before the first day of February, 1914, for an amount not to exceed the sum of twenty thousand ($20,000) dollars, exclusive of interest, for the purpose of providing funds for the construction of a county high-school building in the town of Lovelock, in said county (upon a site to be chosen by the county board of education) and for equipping and furnishing the said building.

      Sec. 2.  The board of county commissioners of said Humboldt County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by the seal of the county; coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and the county treasurer.

      Sec. 3.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act showing the number and date of each bond and to whom issued.

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

Bonds for county high school at Lovelock

County commissioners to have bonds prepared

Record of bonds to be kept

Negotiation of bonds

Provisos

Denomination of bonds

Interest limited to 6 per cent

“Lovelock County High School Building Fund”

County board of education to provide for construction of building

County board of education to let contracts to lowest and best bidders

Site to be selected in Lovelock

they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States, and the interests thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be each for the sum of five hundred dollars. They shall be numbered consecutively from one to forty, and the interest on the same shall not exceed six per cent per annum payable annually on the first day of July of each year at the office of the county treasurer of said Humboldt County, and in no case shall said bonds run for a longer period than twenty years.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as “The Lovelock County High School Building Fund” and to pay out said moneys only in the manner now provided by law for the payment of the “County High School Fund” and for the purposes for which the same were received.

      Sec. 7.  The county board of education of Humboldt County is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary for the construction, equipment and furnishing of a county high-school building in the town of Lovelock, Nevada, and any balance remaining in said fund, after the competition, equipment and furnishing of said building, shall be turned over and converted into the proper fund provided for running and maintaining said high school, in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance and management of high schools in the various counties of this state.

      Sec. 8.  Said county board of education shall determine as to the character of said building, the materials to be used therefor and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of said county high-school building and let the construction thereof by contract to the lowest and most responsible bidder. The laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to and the same shall govern the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by the said county board of education shall be paid in the manner now provided by law for paying claims against the “County High School Fund”; provided, that no such bills shall be allowed until the plans for said high-school building shall have been approved by the state superintendent of public instruction.

      Sec. 9.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Humboldt County shall proceed to select an appropriate site for the said county high-school building in the town of Lovelock in said county, and the county board of education of said county and the county commissioners of said county shall thereafter with all expedient dispatch proceed to the execution of the provisions and purposes of this act.

select an appropriate site for the said county high-school building in the town of Lovelock in said county, and the county board of education of said county and the county commissioners of said county shall thereafter with all expedient dispatch proceed to the execution of the provisions and purposes of this act.

      Sec. 10.  The county treasurer of the said Humboldt county shall be liable on his official bond for the safe-keeping of the moneys which shall come into his hands under the provisions of this Act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 11.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of the said Humboldt County is hereby authorized and required to levy and collect annually a special tax on the assessment value of all property both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Humboldt County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, four of said bonds annually, beginning with the first Monday in July, 1914, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the “Lovelock County High School Redemption Fund.”

      Sec. 12.  It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1914, and thereafter on the first day of July in each and every year until all of said bonds shall have been redeemed and retired.

      Sec. 13.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said Lovelock county high school.

      Sec. 14.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 15.  Should the holder of said bonds or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.

County treasurer liable for funds from bonds

Special tax for interest and redemption of bonds

“Lovelock County High School Redemption Fund”

Interest payable annually on July 1

Taxes to cease, when

Treasurer to cancel bonds when paid

Interest ceases after maturity

Faith of state pledged

county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 16.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue hereof shall have been paid in full, as in this act specified.

Care of G. A. R. cemetery

$150 to be paid each year

Duties of controller and treasurer

Chap. 59–An Act appropriating three hundred dollars for the watering and care of the Grand Army cemetery at Carson City, Nevada.

[Approved March 10, 1913]

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

Assembly, do enact as follows:

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

      Sec. 2.  Annually on the first Monday in September, nineteen hundred and thirteen and nineteen hundred and fourteen, the state board of examiners shall audit and allow to post quartermaster of the Grand Army at Carson City, Nevada, the sum of one hundred and fifty dollars, on the filing with said board of examiners by the said post quartermaster the claim and sworn statement that the amount had been expended as provided in section 1 of this act.

      Sec. 3.  The state controller is hereby authorized and required to draw his warrants in favor of said post quartermaster for the sum named in this act, and the state treasurer is hereby authorized and required to pay the same.

Salary of constable of Goldfield

Chap. 60–An Act to amend an act entitled “An act fixing the salary of constable in and for Goldfield Township, Esmeralda County, State of Nevada, and providing for payment thereof,” approved March 20, 1909, and repealing all acts and parts of acts in conflict herewith.

[Approved March 10, 1913]

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

Assembly, do enact as follows:

      Section 1.  The constable in and for Goldfield Township, Esmeralda County, Nevada, shall receive a salary of one hundred and twenty ($120) dollars a year, payable in twelve (12) equal monthly payments; provided, such constable shall have no claim against the county for services rendered in criminal cases, and shall pay into the county all fees received in civil cases.

      Sec. 2.  The board of county commissioners of Esmeralda County, Nevada, shall at their regular monthly meeting, upon the sworn statement of the constable as to the fees he received for the month prior, and upon the payment of the constable to the county treasurer of the fees so received, allow the salary named in section 1 of this act, as other salaries payable by the county are now allowed.

      Sec. 3.  The county auditor of Esmeralda County, Nevada, shall draw his warrant in favor of the constable of Goldfield Township, Esmeralda County, Nevada, as provided in this act; and the county treasurer of said county shall pay the same.

      Sec. 4.  This act shall take effect on the first day of January, 1915.

      Sec. 5.  And all acts and parts of acts in conflict with this act are hereby repealed.

County commissioners to allow salary

Warrant drawn by auditor

In effect, 1915

Chap. 61–An Act relating to the time of performance of certain acts provided to be done either by law or contract when the day of performance falls upon a holiday or a nonjudicial day.

[Approved March 10, 1913]

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

Assembly, do enact as follows:

      Section 1.  Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday or a nonjudicial day, it may be performed upon the next business day with the same effect as if it had been performed upon the day appointed; and if such act is to be performed at a particular hour it may be performed at the same hour of the next business day.

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

Secular acts, how executed when date of falls on holiday

Chap. 62–An Act to authorize the board of county commissioners of Clark County, Nevada, to issue bonds for the purpose of raising money with which to improve and maintain a public road in the Goodsprings road district in said county, to direct the manner in which said money shall be expended, and to provide for the payment of said bonds and interest.

[Approved March 10, 1913]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Clark County, Nevada, is hereby authorized and directed to prepare and issue bonds of said county for the amount of three thousand dollars,

Bonds for improving a public road in Clark County

Commissioners to prepare said bonds

Interest restricted to 7 per cent, payable annually

Negotiation of bonds

Tax for payment of bonds and interest on same

pare and issue bonds of said county for the amount of three thousand dollars, exclusive of interest, the money raised thereby to be used in improving the public road extending from Jean to Ripley in said county, at a point about three and one-half miles southwest of Goodsprings, which point is known as Columbia Summit, the improvement of said road to cover a distance of three miles along the line of said road each way from said point.

      Sec. 2.  The board of county commissioners of said county shall cause said bonds to be prepared and made ready for issuance. The bonds shall be signed by the chairman of the board, countersigned by the county treasurer and authenticated with the seal of the county. The bonds shall be prepared and offered for sale within thirty days after the approval of this act, but the failure of the board to act within the time designated shall not invalidate bonds issued thereafter for the purpose herein set forth; provided, such bonds are issued not later than six months after the approval of this act.

      Sec. 3.  The bonds herein provided for shall bear interest not exceeding seven (7) per cent, and shall be sold at not less than par. The interest shall be payable annually. The bonds shall be three in number, for one thousand dollars each, and numbered consecutively, one, two, and three. Number one shall be due and payable in 1915; number two in 1916, and number three in 1917, each bond on the day of the month of its issue. Coupons for interest shall be attached to each bond in such manner that they can be removed upon payment without injury to the bonds, and each coupon shall be numbered consecutively, and signed by the chairman of said board and the county treasurer.

      Sec. 4.  The said board of county commissioners shall negotiate the disposal of said bonds, either by advertising for sealed proposals, or by private sale; provided, that no bid shall be accepted at less than par, and that no interest exceeding seven per cent per annum shall be allowed, and that said bonds shall be payable in the gold coin of the United States.

      Sec. 5.  For the payment of said bonds and interest, the said board of county commissioners is hereby directed to levy an annual tax sufficient therefor, upon the real and personal property located within the present limits of the Goodsprings road district in said Clark County, Nevada; and it is expressly provided, and it shall be so stated upon the face of said bonds, that the moneys for the payment of said bonds, together with the interest thereon, shall be raised by said special tax upon the property within the limits of said Goodsprings road district, and not otherwise, and nothing herein contained shall be so construed as to make the remainder of said Clark County liable for any part of the moneys required for the payment of said bonds.

      Sec. 6.  The tax for the payment of said bonds and interest, as herein provided for, shall be collected by the assessor of said county of Clark, at the same time and in the same manner as other taxes are collected. All moneys so collected shall be paid to the county treasurer of said county. Said treasurer is hereby required to receive and safely keep the same in a fund hereby created and to be known as the Goodsprings road fund, and the said treasurer shall pay out such moneys only in payment of the interest upon and the principal of said bonds. The moneys derived from the sale of said bonds shall in like manner be paid to the county treasurer in exchange for bonds by him to be delivered to the purchaser in exchange for such moneys, which moneys shall be kept in the Goodsprings road fund, above mentioned, and shall be paid out by direction of the board of county commissioners of said Clark County, for the purpose of improving and maintaining the road heretofore mentioned.

      Sec. 7.  The said board of county commissioners shall have full charge, direction and control of the work of improving and maintaining said road as herein provided for, and no bill for work done upon, or materials furnished for use in such work, shall be allowed or paid unless the performance of such work or the furnishing of said materials shall have been authorized by said board.

      Sec. 8.  The county treasurer of said Clark County shall be liable upon his official bond for the safe keeping of all moneys that shall come into his hands under the provisions of this act.

      Sec. 9.  The bonds herein provided for, as well as the interest thereon, shall be paid promptly when due, and when the same shall have been fully paid, or when there shall be sufficient funds on hand to pay them in full, the special tax herein provided for shall cease; provided, that any residue remaining in said fund after all bonds and interest shall have been paid, shall be expended by the board of county commissioners upon the roads of said Goodsprings road district.

      Sec. 10.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the tax herein omitted until all the bonds and the interest thereon issued hereunder and by virtue hereof shall have been paid in full, as in manner and form as herein specified.

Collected and paid in same manner as other taxes

County commissioners to have full charge of work

County treasurer liable

Tax ceases, when

Faith of state pledged

Salaries of various justices of the peace and constables in Churchill County

Civil fees retained by officer

Chap. 63–An Act fixing the salaries of justices of the peace and constables in and for Wonder, Fairview, Stillwater, New River, and Hot Springs Townships, in the county of Churchill, State of Nevada, and other matters relating thereto.

[Approved March 10, 1913]

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, 1913, the justices of the peace of Wonder, Fairview, Stillwater, New River, and Hot Springs Townships shall be allowed salaries and fees as follows, to wit:

      The justice of the peace of Wonder Township, $240 per annum, payable in twelve monthly installments of $20 each.

      Justice of the peace of Fairview Township, $240 per annum, payable in twelve monthly installments of $20 each.

      Justice of the peace of Stillwater Township, $240 per annum, payable in twelve monthly installments of $20 each.

      Justice of the peace of New River Township, $300 per annum, payable in twelve monthly installments of $25 each.

      Justice of the peace of Hot Springs Township, $600 per annum, payable in twelve monthly installments of $50 each.

      The constable of Wonder Township, $300 per annum, payable in twelve monthly installments of $25 each.

      Constable of Fairview Township, $300 per annum, payable in twelve monthly installments of $25 each.

      Constable of Stillwater Township, $300 per annum, payable in twelve monthly installments of $25 each.

      Constable of New River Township, $300 per annum, payable in twelve monthly installments of $25 each.

      Constable of Hot Springs Township, $1,500 per annum, payable in twelve monthly installments of $125 each.

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

      Sec. 3.  The county auditor shall on the first Monday of each month draw his warrant in favor of each of the officers named herein for the salary due said officers for the last preceding month, and the county treasurer shall pay said warrant.

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

Chap. 64–An Act relating to mines and mining and requiring the keeping open of passageways connecting contiguous mines and giving the right to use the outlet through such contiguous mine in case of necessity and providing a penalty for violation thereof.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  It shall be unlawful of any owner, operator or person in charge of any mine to place or cause to be placed any bulkhead or door in any passageway connecting contiguous mines or to refuse to allow the right of use of such outlet through such contiguous mine in case of an accident; provided, that nothing in this act shall prevent the maintaining of a door in such connection which can be quickly opened or readily broken in case of an accident.

      Sec. 2.  In all passageways connecting contiguous mines where a door or doors have been erected necessary tools for opening the same shall be kept in a conspicuous place near said doors and not removed for any purpose whatever other than as specified in this act.

      Sec. 3.  Any owner, operator or person in charge of any mine who violates any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than five hundred dollars 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 each and every day that such owner or operator may continue to violate any of the provisions of this act, shall be considered a separate offense and shall be punishable as such.

      Sec. 4.  That the words “person,” “operator,” “owner,” and “person in charge,” wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of the territories, the laws of any state, or the laws of any foreign country.

Underground passages between mines must be maintained to allow escape of workmen

Tools to aid in escape

Penalties for noncompliance

Words construed

Chap. 65–An Act for the relief of T. N. Evans for expenses incurred while rendering services to the State of Nevada under instructions from the governor.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of two hundred and forty-nine dollars, to be paid to T.

Relief of T. N. Evans, $249

Duties of controller and treasurer

N. Evans for expenses incurred while rendering services to the State of Nevada under instructions from the late governor of Nevada, John Sparks, as a member of the Nevada state police during the year 1908.

      Sec. 2.  The state controller is hereby directed to draw his warrant for the amount, payable to the party named in section 1 of this act, and the state treasurer is hereby directed to pay the same.

County treasurer to pay all county warrants

Payment barred after two years from date of warrant

Chap. 66–An Act to amend section eight of an act entitled “An Act in relation to county treasurers,” approved November 29, 1861.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  That said section eight of said above-entitled act is hereby amended to read as follows:

      Section 8.  He shall pay all warrants of the county auditor when presented and write on the face of the warrant the date of payment and his signature.

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

      Sec. 3.  This act shall take effect immediately upon its passage and approval; provided, however, that such warrants are required to be presented for payment within two years from the date they bear, and upon their being unpresented for two years from such date, their payment shall be forever barred.

County treasurer to keep list of all interest-bearing school warrants

Chap. 67–An Act to amend sections three and five of an act entitled “An act to authorize the issuance of interest-bearing school warrants in emergencies, to repeal all acts and parts of acts in conflict herewith, and other matters properly connected therewith,” approved March 23, 1911.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section three of an act entitled “An act to authorize the issuance of interest-bearing school warrants in emergencies, to repeal all acts and parts of acts in conflict herewith, and other matters properly connected therewith,” approved March 23, 1911, is hereby amended so as to read as follows:

      Section 3.  The county treasurer shall keep a list of all warrants so endorsed and shall pay them in the order of endorsement whenever there is sufficient money from any source in the fund upon which such warrants are drawn.

source in the fund upon which such warrants are drawn. The interest on such warrants shall stop when the county treasurer shall give notice that he has funds with which to pay the same.

      Sec. 2.  Section five of said act is hereby amended so as to read as follows:

      Section 5.  Before the issuance of the first of such interest-bearing warrants the clerk of the board of trustees shall submit to the county commissioners of said county a copy of the resolution of the board of trustees authorizing the same, and said county commissioners shall levy and cause to be collected and paid into the county school fund of the district a special tax upon the taxable property of the school district sufficient to pay such warrants and interest due thereon within three years.

Interest ceases, when

Procedure before issue of interest-bearing school warrants

Special tax, when

Chap. 68–An Act to repeal an act entitled “An act to provide for licensing itinerant and unsettled merchants, traders, peddlers and auctioneers,” approved March 24, 1905.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  That said act entitled “An act to provide for licensing itinerant and unsettled merchants, traders, peddlers and auctioneers,” approved March 24, 1905, be, and the same is, hereby repealed.

Act repealed

Chap. 69–An Act granting aid to the state agricultural society for the purpose of holding state fairs during the years 1913 and 1914, and to repair and improve the buildings and grounds of the society for the years 1913 and 1914.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  The sum of five thousand dollars for each of the years 1913 and 1914 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise specifically appropriated, to aid the state agricultural society in holding annual fairs in each of said years.

      Sec. 2.  The sum of three thousand dollars for the year 1913 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise specifically appropriated, to aid the state agricultural society in repairing and improving the buildings and grounds of the society.

State agricultural society, $5,000 for 1913 and 1914

$3,000 for year 1913

No money for horse racing

      Sec. 3.  The moneys hereby appropriated shall be used for the payment of such premiums as may be awarded, and for such purposes as said society may, through its board of directors, deem just and proper; provided, none of the moneys herein appropriated shall be used by said board of directors, either directly or indirectly, to pay any purse or purses for racing.

Amending act regarding estate of deceased person

Order of inheritance

Chap. 70–An Act to amend an act entitled “An act to amend section one of an act to amend an act entitled ‘An act to regulate the settlement of estates of deceased persons,’ approved March 23, 1897, and as amended and approved March 16, 1899, approved March 6, 1901”; the act amended hereby having been approved March 23, 1903, and being section 6116 of the Revised Laws of Nevada (1912).

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section two hundred and fifty-nine of the above-entitled act is hereby amended so as to read as follows:

      Section 259.  When any person having title to any estate, not otherwise limited by marriage contract, shall die intestate as to such estate, it shall descend and be distributed subject to the payment of his or her debts in the following manner:

      First-If there be a surviving husband or wife, and only one child, or the lawful issue of one child, one-half to the surviving husband or wife and one-half to such child or issue of such child. If there be a surviving husband or wife and more than one child living, or one child living and the lawful issue of one or more deceased children, one-third to the surviving husband or wife and the remainder in equal shares to his or her children, and to the lawful issue of any deceased child by right of representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all of the said descendants are in the same degree of kindred to the intestate, they shall share equally, otherwise they shall take according to the right of representation.

      Second-If he or she shall leave no issue, the estate shall go in equal shares to the surviving husband or wife and to the intestate’s father, and if he or she shall leave no father, it shall go in equal shares to the surviving husband or wife, and to the intestate’s mother. If he or she shall have no issue nor father nor mother, the whole community property of the intestate shall go to the surviving husband or wife, and one-half of the separate property of the intestate shall go to the surviving husband or wife, and the other half thereof shall go in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation.

thereof shall go in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation. If he or she shall leave no issue, or husband, or wife, the estate shall go to his or her father, if living, if not, to his or her mother, if living. If he or she shall leave no issue, father, mother, brother or sister, or children of any issue, brother or sister, all of the property, both community and separate, of the intestate shall go to the surviving husband or wife.

      Third-If there be no issue, nor husband, nor wife, nor father, nor mother, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation.

      Fourth-If the intestate shall leave no issue, nor husband, nor wife, nor father, nor mother, and no brother or sister living at his or her death, the estate shall go to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors shall be preferred to those who claim through ancestors more remote; provided, however, if any person shall die leaving several children, or leaving one child and issue of one or more children and any such surviving child shall die under age and not having been married, all of the estate that came to such deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who may have died, by right of representation.

      Fifth-If at the death of such child, who shall die under age and not having been married, all the other children of this said parent being also dead, and any of them shall have left issue, the estate that came to such child by inheritance from his or her said parent shall descent to all the issue of the other children of the same parent, and if all the said issue are in the same degree of kindred to said child they shall share the said estate equally; otherwise they shall take according to the right of representation.

      Sixth-If there be no surviving husband or wife or kindred except a child or children, the estate shall, if there be only one child, all go to that child; and if there be more than one child, the estate shall descend and be distributed to all the intestate’s children, share and share alike.

      Seventh-If there be no surviving husband or wife or kindred except a child or children and the lawful issue of a child or children, the estate shall descend and be distributed to such child or children and lawful issue of such child or children by right of representation, as follows: To such child or children each a child’s part, and to the lawful issue of each deceased child, by right of representation, the same part and proportion that its parent would have received in case such parent had been living at the time of the intestate’s death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had such parent been living at the time of the intestate’s death.

Order of inheritance

Order of inheritance

case such parent had been living at the time of the intestate’s death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had such parent been living at the time of the intestate’s death.

      Eighth-If there be no surviving husband or wife or kindred except the lawful issue of a child or children, all of the estate shall descend and be distributed to the lawful issue of such child or children by right of representation, and this rule shall apply to the lawful issue of all such children and to their lawful issue ad infinitum.

      Ninth-If the intestate shall leave no husband nor wife nor kindred, the estate shall escheat to the state for the support of the common schools.

Concerning filing fees charged corporations by secretary of state

Chap. 71–An Act to amend section one hundred and two and to repeal section one hundred and six of an act entitled “An act providing a general corporation law,” approved March 16, 1903.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section one hundred and two of an act entitled “An act providing a general corporation law,” approved March 16, 1903, is hereby amended to read as follows: On filing any certificate or articles or other paper relative to corporations in the office of the secretary of state, the following fees and taxes shall be paid to the secretary of state, for the use of the state: For certificate or articles of incorporation, ten (10) cents for each thousand dollars of the total amount of capital stock authorized, but in no case less than twenty-five ($25) dollars; consolidation and merger of corporations, ten (10) cents for each thousand dollars of capital authorized, beyond the total authorized capital of the corporations merged or consolidated, but in no case less than ten dollars; increase of capital stock, ten (10) cents for each thousand dollars of the total increase authorized, but in no case less than ten dollars; extension or renewal of corporate existence of any corporation, one-half that required for the original certificate or articles of incorporation by this act; dissolution of corporation, change of nature of business, amended articles or certificate of incorporation or organization (other than those authorizing increase of capital stock), decrease of capital stock, increase or decrease of par value of number of shares, ten dollars; for filing list of officers and directors or trustees, and name of agent in charge of principal office, one dollar; notice of removal of principal place of business, other than by amendment, one dollar; for certifying to copy of articles of incorporation, where copy is furnished, five dollars; for certifying to copy of amendment to articles of incorporation, where copy is furnished, five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, five dollars; for all certificates not hereby provided for, five dollars; provided, that no fees shall be required to be paid by any religious or charitable society or educational association having no capital stock; and provided further, that foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state.

of incorporation, where copy is furnished, five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, five dollars; for all certificates not hereby provided for, five dollars; provided, that no fees shall be required to be paid by any religious or charitable society or educational association having no capital stock; and provided further, that foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state.

      Sec. 2.  Section one hundred and six of said act is hereby repealed.

Repeal

Chap. 72–An Act to authorize the board of county commissioners of Clark County to issue bonds for the purpose of creating a fund for the erection and furnishing of county buildings in the city of Las Vegas.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Clark County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county, after the first day of April, 1913, for an amount not exceeding the sum of seventy-five thousand dollars, exclusive of interest, for the purpose of providing funds for the erection and furnishing of a courthouse and jail, and necessary county buildings in the city of Las Vegas, in said county.

      Sec. 2.  Prior to the first Monday in June, 1913, the board of county commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and the county treasurer.

      Sec. 3.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 4.  The board of county commissioners of Clark County are hereby authorized and directed to negotiate the sale of said bonds by advertising for sealed proposals or by private sales as they may deem for the best interest of the county; provided, that no bond shall be sold for less than par value; and provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

Bonds for county buildings in Clark County

Prepared by county commissioners

Record to be kept

Bids for bonds to be advertised for

Description of bonds

Special tax for payment of bonds and interest

Three bonds to be retired annually commencing 1915

Tax ceases, when

County treasurer to cancel bonds when paid

coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be each in the sum of one thousand dollars. They shall be numbered from one to seventy-five, consecutively; and the interest on the same shall not exceed six per cent per annum, payable semiannually on the first day of July and January of each year at the office of the county treasurer of said Clark County, and in no case shall any of said bonds run for a longer period than twenty years.

      Sec. 6.  For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, the board of county commissioners of Clark County are hereby authorized and required to levy and collect annually a special tax on the assessed value of all property, both real and personal, including proceeds of mines within the boundaries of said Clark County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, consecutively, three bonds each year, beginning with the first day in January, 1915, until thirty bonds are redeemed, after which likewise to levy and collect an amount sufficient to pay the interest and retire annually at least five bonds, until the whole of said bonds and the interest thereon are fully redeemed. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereon shall be kept by the county treasurer in a special fund to be known as the “Court House Bond Fund.”

      Sec. 7.  It shall be obligatory on said county and its proper officers to fully pay the interest on said bonds semiannually, and to fully pay and retire three of said bonds on the first day of January, 1915, beginning with the first number thereof, and three on the first day of January annually thereafter, consecutively numbered, until thirty bonds are redeemed; and on the first day in January of each year thereafter until said bonds and interest thereon are fully paid, canceled and retired, to pay and retire at least five of said bonds consecutively numbered.

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

      Sec. 9.  Whenever the county treasurer shall pay anything on the bonds issued under the provisions of this act he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment and sign his name thereto, and thereupon make a complete record in his office of the transactions, and shall also furnish the county auditor and county commissioners with a full and detailed report of the transactions including a list of the bonds and coupons by him paid and canceled.

the transactions including a list of the bonds and coupons by him paid and canceled.

      Sec. 10.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, or taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full, as in this act specified.

Faith of state pledged

Chap. 73–An Act to amend an act entitled “An act concerning the courts of justice of this state, and judicial officers,” as amended.

[Approved March 11, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section fifty of an act entitled “An act concerning the courts of justice of this state, and judicial officers,” as amended is hereby amended to read as follows:

      Section 50.  No court shall be opened, nor shall any judicial business be transacted on Sunday, on the 1st day of January (New Year Day), on the 12th day of February (Lincoln’s Birthday), on the 22d day of February (Washington’s Birthday), on the 30th day of May, commonly known as Memorial Day, on the 4th day of July, on the first Monday of September of each year (Labor Day), on the 12th day of October, to be known as Columbus Day; on the 31st day of October, to be known as Admission Day; on Thanksgiving Day; on the 25th day of December (Christmas Day); on a day on which the primary election is held throughout the state; on a day on which the general election is held, or on any day that may be appointed by the president of the United States, or by the governor of this state, for public fast, thanksgiving or holiday, except for the following purposes:

      First-To give, upon their request, instructions to a jury, then deliberating on their verdict.

      Second-To receive a verdict or discharge a jury.

      Third-For the exercise of the power of a magistrate in a criminal action, or in a proceeding of a criminal nature.

      Fourth-For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining said writ, the additional averment as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by said writ to wait till subsequent day for the issuance of the same. And all proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made, under and by virtue of said writ.

Enumerating nonjudicial days

Judicial business which may be transacted on non-judicial days

When falling on Sunday, following day to be public holiday

ceedings commenced on other days, whether a lien be obtained or a levy made, under and by virtue of said writ.

      If the 1st day of January, 12th day of February, 22d day of February, 30th day of May, 4th day of July, 12th day of October, 31st day of October, or the 25th day of December fall upon Sunday, all business transactions shall be suspended on the following Monday.

Full train crew required

Crew of 4, when

Crew of 5, when

Crew of 6, when

Chap. 74–An act to promote the public safety by requiring common carrier railroads to provide adequate train crews, and defining such crews, and prescribing a penalty for the violation of the provisions thereof.

[Approved March 12, 1913]

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

Assembly, do enact as follows:

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

      Sec. 2.  It shall be unlawful for any person, firm, company or corporation engaged in the business of common carrier, operating freight and passenger trains, or either of them, within or through the State of Nevada, to run or operate, or permit or cause to be run or operated, within or through this state, along or over its road or tracks, other than along or over the road or tracks within yard limits, any freight or passenger train of three or more and less than fifty freight, passenger, or other cars exclusive of caboose and engine with less than a full crew consisting of five persons, to wit, one engineer, one fireman, one conductor, one brakeman and one flagman.

      Sec. 3.  It shall be unlawful for any person, firm, company or corporation, engaged in the business of common carrier, operating freight and passenger trains, or either of them, within or through the State of Nevada, to run or operate, or permit or cause to be run or operated, within or through this state, along or over its road or tracks other than along or over its road or tracks within yard limits, any freight or passenger train of more than fifty freight, passenger or other cars, exclusive of caboose and engine and tender, with less than a full crew, consisting of not less than six persons, to wit, one conductor, one engineer, one fireman, two brakemen and one flagman.

full crew, consisting of not less than six persons, to wit, one conductor, one engineer, one fireman, two brakemen and one flagman.

      Sec. 4.  The flagman mentioned in sections 1, 2, and 3 of this act shall have had at least one year’s actual experience in train service.

      Sec. 5.  The provisions of this act shall not apply to or include any railroad company or receiver or manager thereof of any line of railroad in this state less than ninety-five miles in length; neither shall they apply to the operation of light engines and tenders when running as such outside the yard limits.

      Sec. 6.  Nothing in this act shall be considered to repeal or affect in whole or in part that certain act entitled “An act to regulate railroads, telegraph and telephone companies and other common carriers of this state, creating a railroad commission, constituting the governor, the lieutenant-governor and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, preventing the imposition of unreasonable rates, preventing unjust discrimination, insuring an adequate railway service, and fixing maximum freight charges,” approved March 5, 1907.

      Sec. 7.  Any railroad company or receiver of any railroad company, and any person, firm, company or corporation engaged in the business of common carriers doing business in the State of Nevada, who or which shall violate any of the provisions of this act, shall be liable to the State of Nevada for a penalty of five hundred dollars for each offense; and such penalty shall be recovered and suit brought in the name of the State of Nevada in a court of proper jurisdiction in any county in or through which such line of railroad may run, by the attorney-general or under his direction, by the district attorney in any county through which such line of railroad may operate.

      Sec. 8.  The repeal of a law by this Act shall not affect any act done, or any right established, or the prosecution of a criminal action or proceeding commenced, or an offense committed, or the prosecution of any action for the violation of any of the sections of that certain act entitled “An act to promote the public safety by requiring common carrier railroads to provide adequate train crews and defining such crews, and prescribing a penalty for the violation of the provisions thereof,” approved March 8, 1909, or that certain act entitled “An act to promote the public safety by requiring railroad companies to provide adequate train crews, and defining such crews, and prescribing a penalty for the violation of the provisions thereof,” approved February 21, 1911, before the repeal takes effect; nor shall anything in the repeal of said laws or any part thereof be construed to be, or act as, a legislative pardon for any violation of said acts, but any proceedings in such cases after this act takes effect shall proceed as if no repeal thereof was made, and shall so far as practicable, conform to the provisions of this act.

Flagman, qualifications

Railroads of less than 95 miles not included

Not to repeal or affect act creating railroad commission

Penalties for violation of this act

Previous acts performed or rights established not affected by this law

Certain laws repealed

Proviso

proceedings in such cases after this act takes effect shall proceed as if no repeal thereof was made, and shall so far as practicable, conform to the provisions of this act.

      Sec. 9.  Those certain acts entitled “An act to promote the public safety by requiring common carrier railroads to provide adequate train crews and defining such crews and prescribing a penalty for the violation of the provisions thereof,” approved March 8, 1909, and that certain act entitled “An act to promote the public safety by requiring railroad companies to provide adequate train crews, and defining such crews, and prescribing a penalty for the violation of the provisions thereof,” approved February 21, 1911, and that certain act entitled “An act to amend an act entitled ‘An act to promote the public safety by requiring railroad companies to provide adequate train crews, and defining such crews and prescribing a penalty for the violation of the provisions thereof,’ approved February 21, 1911,” approved March 28, 1911, and all other acts and parts of acts in conflict with the provisions of this Act are hereby repealed; provided, that this repeal of the acts named, and of other acts in conflict with the provisions of this act shall not be so construed as to relieve any common carrier from the liability and penalties prescribed by the provisions of any act in force at the time of the approval of this act; and that all violations of any of the laws named or referred to may be prosecuted according to law the same as if they were still in full force and effect.

Per diem and expenses to commissioners of Humboldt County when inspecting public improvements

Restriction

Chap. 75–An Act to provide for the payment of actual expenses and per diem to the several county commissioners of Humboldt County, Nevada, while engaged in inspecting public improvements.

[Approved March 12, 1913]

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

Assembly, do enact as follows:

      Section 1.  In addition to the compensation now allowed by law, each county commissioner of Humboldt County, Nevada, while actually engaged in inspecting public roads, public buildings and other public improvements, shall receive his actual necessary expenses and five dollars per day for the time actually spent in making such inspection, which sums shall be paid out of the treasury of said Humboldt County, as other claims against the county are allowed and paid.

      Sec. 2.  No member of the board of county commissioners shall do any inspecting, or order any inspecting without the consent of a majority of the said board.

Chap. 76–An Act to amend an act entitled “An act providing a general corporation law,” approved March 16, 1903.

[Approved March 12, 1913]

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

Assembly, do enact as follows:

      Section 1.  Section eighty-seven of an act entitled “An act providing a general corporation law,” approved March 16, 1903, the same being section 1188, Revised Laws of Nevada, 1912, is hereby amended so as to read as follows:

      Section 87.  Service of legal process upon any corporation created under this act or subject to its provisions shall be made by delivering a copy thereof personally to the president, cashier, secretary or resident agent of such corporation, or by leaving the same at the principal office or place of business of the corporation in this state. Service by copy left at the said principal office or place of business in this state, to be effective, must be delivered thereat at least thirty days before the return of the process, and in the presence of an adult person; and the officer serving the process shall distinctly state the manner of service in his return thereto, naming such person; provided, that process returnable forthwith must be served personally; and provided further, when for any reason service cannot be had in the manner hereinbefore provided, then service may be made by delivering a copy to the secretary of state at least thirty days before the return of process and by posting a copy of such process in the office of the clerk of the court in which such action is brought or pending, at least thirty days before the return of such process.

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

      Section 96.  Said court may in its discretion, in lieu of decreeing the dissolution of such corporation, order the receiver to sell its property and franchise and the purchaser thereof shall succeed to all the rights and privileges of said corporation and may reorganize the same under the direction of said court or pursuant to sections 49 and 50 of this act. At any sale of such property at public auction the court may in its discretion authorize the receiver to accept in payment duly allowed claims against such corporation at a proper valuation; provided, however, any corporation created under this act or subject to its provisions, may sell and convey all its property and assets upon a vote of not less than sixty per cent of the outstanding stock of such corporation at a meeting of the stockholders, called for that purpose, notice of such meeting having been previously given by mail to each stockholder of record, at least fifteen days before the date of such meeting; and provided further, any corporation may in its articles of incorporation or by an amendment thereto provide for a greater amount than seventy-five percent of the outstanding stock to authorize a sale and conveyance of the property and assets of such corporation.

Concerning service of legal process on corporations

Provisos

Concerning duties of receiver in sale of property and franchise of corporation

Provisos

cent of the outstanding stock to authorize a sale and conveyance of the property and assets of such corporation.

Incorporating city of Winnemucca

Territory, how annexed

One ward only

Powers of city

Chap. 77–An Act to incorporate the town of Winnemucca, in Humboldt County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto.

[Approved March 13, 1913]

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

Assembly, do enact as follows:

CHAPTER I

organization-boundaries-annexation of adjacent territory-wards-powers

      Section 1.  Creation of Municipality.  All persons, inhabitants of that portion of Humboldt County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of “The City of Winnemucca,” and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of the said city shall include all the inhabitants, lands, tenements and property included in sections 19, 20, 29, and 30, township 36 north, range 38 east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time hereafter be embraced or included within established limits of said city as hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges and obligations as are hereinafter set out and prescribed.

      Sec. 2.  The Annexation of Adjacent Territory-Manner of Procedure of.  Territory adjoining and contiguous to the corporate limits of the city of Winnemucca may be annexed to said city upon the application therefor in writing, describing said territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for the members of the legislature of the State of Nevada and who are taxpayers in the county of Humboldt, such petitioners to possess both of said qualifications.

      Sec. 3.  Wards-Boundaries-Change of.  The city of Winnemucca shall consist of one ward, embracing the territory within the limits of said city as above described and such territory as may hereafter be annexed to said city.

      Sec. 4.  Additional Powers.  The said city shall have and be vested with all the rights, powers, property and things of every kind now belonging to the town of Winnemucca, and may have and use a common seal and the same alter at pleasure, and may purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devices, gifts and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.

and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devices, gifts and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.

CHAPTER II

officers-primary elections-claims and accounts-ordinances-recall-impeachment-arrests

      Section 1.  Board of Commissioners, First Election of.  The governing body of the city of Winnemucca shall consist of a board of commissioners, composed of a mayor and four commissioners, the first election for whom shall be held in the manner and at the time as follows:

      First-It shall be the duty of the board of county commissioners of Humboldt County, on or before the first Tuesday in April, 1913, to issue a proclamation for an election to be held within the limits of the town of Winnemucca, said election to be held on the first Tuesday in June, 1913. All of the qualified electors of the town of Winnemucca, as shown by the registration list at the last general election, shall have the right to vote at such election. Said proclamation to state:

      (a) That the qualified voters of the town of Winnemucca shall vote on the question whether they shall accept the charter and be incorporated as a city, pursuant to the provisions as herein set forth;

      (b) For the election of a mayor and four commissioners for the city of Winnemucca, to be voted for and elected by the qualified electors of the town of Winnemucca.

      Second-The board of county commissioners shall cause the said proclamation to be published in some newspaper in the town of Winnemucca for a period of at least two weeks prior to the date of said election, and printed notices of such proclamation shall be posted in three public places in said town. Said proclamation shall fully set forth the purposes of said election, and any and all other or further matters necessary or required to fully and fairly apprise the qualified electors of said town of the date, time and place of holding such election, the purpose thereof, the conditions under which the same is held, the name of the inspectors of such election, and such other matters as may be deemed proper in the premises.

      Third-All provisions of the law relating to general elections so far as the same can be made applicable, and not inconsistent with the provisions of this act, shall apply to and be observed in the proclamation calling for and the conduct of such election hereinbefore provided for, as well as applied to and observed in the appointment of inspectors making and canvassing the returns of said election.

Mayor and commissioners

First city election

Acceptance of charter

Election of city officers

Proclamation to be advertised

General election laws to apply

Qualifications of candidates

County commissioners to have ballots printed

Election provisions

Elective officers

hereinbefore provided for, as well as applied to and observed in the appointment of inspectors making and canvassing the returns of said election.

      Fourth-No candidate for office at such election shall be entitled to have his name placed upon the official ballot unless such candidate shall, at least ten days before the date of such election, file in the office of the county clerk of Humboldt County, a petition signed by at least ten per cent of the qualified electors of the town of Winnemucca as shown by the registration list thereof at the last general election; such petition shall show that the nominee therein possesses the qualifications as required by this act for the office for which he is nominated.

      Fifth-The board of county commissioners shall authorize and direct the county clerk of said county to cause to be printed a sufficient number of ballots for said election upon which shall appear the names of the candidates for the offices above specified; also the words “For the Adoption of the Charter,” “Against the Adoption of the Charter.” The county commissioners shall, at least ten days before the election, also appoint two inspectors and two clerks to conduct said election, and they shall conduct said election in accordance with the laws of the state governing elections. The officers of such election shall make returns to the board of county commissioners, who shall, within four days thereafter, meet and canvass said vote, and shall cause to be entered upon their minutes the result of such canvass. They shall first canvass the votes for and against the adoption of the charter. If from such canvass they find that a majority of the electors have voted against the adoption of this charter, then they shall declare this charter rejected, and the offices to be filled at said election dissolved. If at said election and canvass they find that a majority of said votes have been cast in favor of the adoption of this charter, then they shall proceed to canvass the votes cast for the various officers under this charter and proclaim as follows: Said board of county commissioners shall cause a certificate of election to issue to [the] person receiving the highest number of votes for mayor. The candidate receiving the highest number in each class, as in this act provided, shall be declared elected to the office of commissioner for the city of Winnemucca by the board of county commissioners of Humboldt County, who shall thereupon cause a certificate of election to be issued to such persons. The said board of county commissioners shall cause all the expenses of printing and publishing the said proclamation and of holding such election to be paid out of the town fund of Winnemucca.

      Sec. 2.  Officers-Elective.  The elective officers of the city of Winnemucca shall consist of a mayor and four commissioners, as above provided.

      Sec. 3.  Officers, Election of-Election, When and How Held-Commissioners-Classes of Ballot.  After said election as above provided for and on the first Tuesday after the first Monday in May, 1915, and at each successive interval of two years thereafter, there shall be elected at large by the qualified voters of the city of Winnemucca at a general election to be held for that purpose a mayor and four commissioners.

provided for and on the first Tuesday after the first Monday in May, 1915, and at each successive interval of two years thereafter, there shall be elected at large by the qualified voters of the city of Winnemucca at a general election to be held for that purpose a mayor and four commissioners. Said officers shall hold office for a period of two years and until their successors shall have been elected and qualified. The board of commissioners of said city shall order the general election and shall determine the places in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general laws of the state to provide for some feature of said city election then the board of commissioners of said city of Winnemucca shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same “1,” “2,” “3,” and “4.” Each person desiring to become a candidate for commissioner as aforesaid shall designate the number of the class to which he desires to become a candidate, and his name shall be printed on the official ballot beneath the number so selected, and each voter shall vote for only one candidate in each such class.

      Sec. 4.  Officers, Election of-Canvass of Returns, When and by Whom-Tie Vote Procedure.  On the Tuesday following said election, or as soon thereafter as practicable, the board of commissioners of the city of Winnemucca then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes. And in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote the board of commissioners of the city of Winnemucca shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board, in the presence of such candidates, shall determine the tie by lot.

      Sec. 5.  Officers, Appointive and Ex Officio-Enumeration of-Compensation.  The county treasurer and ex officio tax receiver of the county of Humboldt shall be ex officio treasurer and tax receiver of the city of Winnemucca; the county assessor of the county of Humboldt shall be ex officio assessor of the city of Winnemucca; the city clerk of the city of Winnemucca shall be ex officio license collector of the city of Winnemucca. Each of the above-mentioned officers in this section set forth shall perform the respective duties of their offices under said city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of commissioners, upon the request of the city assessor, shall appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of commissioners shall fix and pay the deputy such compensation as they deem fit.

City election every two years

Canvass of returns

Tie vote

County officers to be ex officio city officers

County officers ex officio city officers

Qualifications of mayor and commissioners

Primary election, when

Oath of city officers

necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of commissioners shall fix and pay the deputy such compensation as they deem fit. The county treasurer and county assessor of the county of Humboldt shall be liable on their official bond for the faithful discharge of the duties imposed on them by this act. The board of commissioners may appoint a city clerk with a salary not to exceed $600 per annum, payable in equal monthly installments; also a city attorney, with a salary not to exceed $600 per annum, payable in equal monthly installments; also a city marshal, with a salary not to exceed $1,800 per annum, payable in equal monthly installments, also a judge of a municipal court, at a salary not to exceed $50 a month. The board of commissioners may appoint such other officers as such board may from time to time ordain and establish, with the right to select the incumbent thereof and prescribe the duties of such office. The compensation of the appointive officers shall be fixed, allowed and paid by the board of commissioners out of such city funds as the board may designate. Any one or more of such appointive officers may, in the discretion of the board of commissioners, be combined and the duties thereof discharged by one person.

      Sec. 6.  Officers, Elective-Qualifications of.  The mayor and each of the said four commissioners shall not be less than 25 years of age, citizens of the United States, and for at least two years immediately preceding their election residents of the city of Winnemucca qualified voters who are property owners and taxpayers in said city. All of the officers made elective by the popular vote shall, within thirty days after the result of the election is ascertained, qualify as required by this charter and the constitution and laws of the State of Nevada, and failing to do so within the said time such office shall be and become vacant.

      Sec. 7.  Primary Election-Manner of Holding.  A primary election shall never be deemed to be a prerequisite to a general election, but in the event the primaries should be held then the same shall be conducted in accordance with the laws of the State of Nevada, applying to and governing the same. In case of a primary election held by any political party or organization to nominate the candidates for the office of commissioner the candidates before such primary shall be nominated separately as provided for in the general election, and the names of the successful candidates before such primary shall appear on the official ballot at the general election in the class in which he was nominated at such primary.

      Sec. 8.  Official Oath.  Every person elected by the voters of said city or by the board of commissioners to fill any office under this act, shall, before entering on the duties of his office, take and subscribe to the official oath provided by the constitution of this state; and in addition thereto that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the city of Winnemucca.

elect any person to any office, position or employment in the city government of the city of Winnemucca.

      Sec. 9.  Officers, Elective-Bonds of-Approval by the Chairman of Board of County Commissioners.  All officers elected by popular vote before entering upon the duties of their respective offices shall give bond in the sum of $1,000, payable to the city of Winnemucca, Humboldt County, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties, to be approved by the chairman of the board of county commissioners of Humboldt County, Nevada.

      Sec. 10.  Mayor and Commissioners, Salary of.  The mayor of said city shall receive as remuneration for his services, the sum of twelve dollars ($12) per annum, payable in equal monthly installments; and each of the commissioners shall receive the sum of twelve dollars ($12) per annum, payable in the same manner.

      Sec. 11.  Commissioners Not to Hold Other Office-Officers Not to Contract with City or Make Bonds to City-Forfeiture of Office.  No member of the board of commissioners shall hold any other public office or employment under the county of Humboldt, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of Winnemucca, nor be elected nor appointed to any office created by or the compensation of which was increased or fixed by the board of commissioners while he was a member thereof. Nor shall any member of the board of commissioners of the city of Winnemucca be pecuniarily interested directly or indirectly in any contract let by the city, nor in any matter wherein the rights or liberties of the city of Winnemucca are, or may be, involved; nor shall any member of the board of commissioners of the city of Winnemucca be interested directly or indirectly in any public work or contract let, supervised or controlled, or which shall be paid for wholly or in part by the city, nor shall any such commissioner become the surety of any person on any bond or other obligation of the city of Winnemucca. Any member of the board of commissioners of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee, or by gift, or loan given or received at the time of the transaction or before or after the same, in any contract, franchise, work, purchase, or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the board of commissioners, or, if they shall fail to remove said member of the board of commissioners, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in the district court of Humboldt County in such proceedings as are appropriate and proper.

      Sec. 12.  Officers, Elective-Removal of-Investigation.  The board of commissioners shall have the power to remove any elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations herein set forth.

Bonds of city officers

Salaries

Officers subject to certain restrictions

Officers, how removed

Investigation, when

Recall of officer; procedure

board of commissioners shall have the power to remove any elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations herein set forth. That whenever charges are preferred in writing under oath, or when information otherwise comes to the knowledge of any of the commissioners against any such officer for any or all of the offenses named or provided for above, it shall be his duty or their duty to have the accused duly served with a copy of such charges, and shall set a day to inquire into the truth of such charges, and shall notify the accused and other members of said board, and the witnesses for and against the accused to be present, and the said board of commissioners shall constitute a court to try and determine the case, and they are hereby vested with the exclusive jurisdiction to hear and determine said charges, and may continue investigation from day to day upon proper showing to enable the accused or prosecutor to get material evidence before said board. The accused shall have the right to be heard in person or by counsel, and said board shall likewise be represented by counsel, if they desire it. Upon the conclusion of the investigation and argument of the case, a vote shall be taken on each charge and specification, and if a majority of all the members of said board vote to sustain either of the charges against the accused, said board shall enter or cause to be entered its judgment, in which shall be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant. But if the vote is otherwise, the accused shall be declared not guilty and judgment entered accordingly.

      Sec. 13.  Recall of Officer-Procedure-Election of Successor.  The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in said city at said time, demanding an election of a successor of the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement of the grounds for which removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed.

Within ten days from the filing of such petition, the city clerk shall examine same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and if necessary the commissioners shall allow him extra help for that purpose, and he shall attach to said petition a certificate showing the result of said examination. If by the clerk’s certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The clerk shall, within ten days after such amendment, make like examination of the amended petition, and if his certificate shall show same to be insufficient, it shall be returned to the person filing the same without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found sufficient, the clerk shall submit the same to the commissioners without delay. If the petition shall be found to be sufficient, the city commission shall order and fix a date for holding the said election not less than thirty nor more than forty days from the date of the clerk’s certificate to the commission that a sufficient petition is filed. The city commission shall make or cause to be made publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects, as are other city elections. The successor of any officer so removed shall hold office during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself, and unless he requests otherwise, in writing, the clerk shall place his name on the official ballot without nomination. In any such removal election, the candidate receiving the highest number of votes shall be elected. At such election if some other person than the incumbent receives the highest number of votes, the incumbent shall thereupon be deemed removed from the office upon the qualification of his successor. In case the party who receives the highest number of votes should fail to qualify within ten days after receiving notification of election, the office shall then be vacant. If the incumbent receives the highest number of votes, he shall continue in office.

      Sec. 14.  Vacancy in Office-Resignation-Election of Successors.  Resignation by the mayor or any commissioner elected under this act, or any other charter officer created by this act, shall be made in writing to the board of commissioners for their action thereupon. In case of the removal of the domiciles of the mayor or any commissioner or any other charter officer from the territory limits of said city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of mayor or any commissioner, the same shall be filled for the unexpired term by a majority vote of the remaining members of the board of commissioners.

      Sec. 15.  Oaths-Who May Administer.  Each commissioner and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.

Recall of officer; procedure

Election of successor

Vacancies, how filled

Oaths, who may administer

Commissioners of city departments designated by mayor

Proviso

Commissioners of various departments

and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.

      Sec. 16.  Board of Commissioners-Powers-Commissioners of Several Departments-Duties of-Designation of Mayor, Change of.  Said board of commissioners so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management and operation of all the departments of said city and whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the commissioners, at the first meeting of the board after their election and qualification, at each election, or as soon thereafter as may be practicable, one commissioner who shall be known as police and fire commissioner who shall be the executive officer of his department and who shall have under his special charge the enforcement of all police regulations of said city and general supervision over the fire department thereof; who shall have the power to employ policemen and firemen, and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over said departments that he may deem necessary for the improvement of the service in said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the board of commissioners; and one commissioner to be known as commissioner of streets and public property who shall be the executive officer of his department, and who shall have under his special charge the supervision of streets, alleys, public grounds and property of said city, and be charged with the duty of keeping the streets and alleys, public grounds, and property clean and in a sanitary condition and with the enforcement of all rules and regulations necessary to these ends; and one commissioner to be known as the water works, sewerage and light commissioner, who shall be the executive officer of his department, and who shall see to the enforcement of all rules and regulations with respect to said departments and shall see that all contracts with reference thereto are faithfully complied with, and that the condition of the grant of any franchise privileges are faithfully complied with, and performed; and one commissioner known as the commissioner of finance and revenue, who shall be the executive officer of his department, and who shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each commissioner in control of a department with its management and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any commissioner to recall the appointment of such commissioner and designate another commissioner as the commissioner of such department, and to designate the commissioner so removed commissioner over another department.

agement and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time when in his discretion it is for the best interests of the service in any department under the special charge of any commissioner to recall the appointment of such commissioner and designate another commissioner as the commissioner of such department, and to designate the commissioner so removed commissioner over another department.

      Sec. 17.  Mayor-Powers and Duties.  The mayor shall be the chief executive officer of the city of Winnemucca, and shall see that all the laws thereof are enforced; he shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of or in concert with the board of commissioners, as are conferred by the provisions of this act, as may be conferred upon him by the board of commissioners, and not inconsistent with the general purposes and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the commissioners of the city or other charter officer except by acting in concert with the other members of the board of commissioners when present and may vote on all questions the same as other commissioners.

      Sec. 18.  Claims and Accounts-Warrants, How Issued-Financial Statements, Publication of.  The commissioner named as the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another commissioner to act in his stead during his absence, or to audit such claims or accounts as said commissioner shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of commissioners and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; said board of commissioners shall require a statement to be published or cause to be posted as may be designated by them, in January, April, July, and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived and also indicating the disposition made thereof and all outstanding bonds and other obligations.

      Sec. 19.  Board of Commissioners-Meetings-Special Meetings-Quorum.  The board of commissioners created by this act shall meet at least once a month in regular meetings at such time as shall be fixed by said board at the city hall or other designated place in said city to consider and take under advisement and act upon such business as may come before them.

Proviso

Mayor’s powers and duties

Proviso

Claims, accounts and financial statements

Meetings of board at least once a month

Quorum

Proviso

Special meetings, when

Ordinances

Enacting clause

Rules of procedure

Election of mayor pro tem

Duties of mayor pro tem

such time as shall be fixed by said board at the city hall or other designated place in said city to consider and take under advisement and act upon such business as may come before them. Three commissioners or the mayor and two commissioners of said board shall constitute a quorum for the transaction of all business, but no final action shall be taken in any matter concerning the special department of any absent commissioner unless such business has been made a special order of the day, or such action is taken at a regular meeting of the board; provided, that no bonds may be issued, nor taxes levied except at a regular meeting attended by at least three commissioners and the mayor or by four commissioners without the mayor. Special meetings may be called by the mayor of the board or by any two members thereof at any time to consider only such matters as shall be mentioned in the call of said meeting, and written notice thereof shall be given to each member of said board; all official sessions of said board, whether regular or called, shall be open to the public.

      Sec. 20.  Ordinances-Powers to Enact-How Enacted-Style of.  The board of commissioners of said city shall be vested with the powers and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state, touching every object, matter and subject within the local government instituted by this act, and the style of all ordinances shall be: “Be it ordained by the Board of Commissioners of the City of Winnemucca,” but such caption may be omitted when said ordinances are published in book form or revised and digested under order of the board.

      Sec. 21.  Board of Commissioners-Procedure-Impeachment.  The board of commissioners shall determine its own rules of procedure in so far as the same do not conflict with this act, may punish its members for disorderly conduct, shall compel the attendance of its members, and with the concurrence of a majority of the members elected, may impeach and expel any member. Any member of the board of commissioners who shall have been convicted of bribery or any other felony, or who shall violate any other provision of this act, shall forfeit his office and emoluments attached thereto.

      Sec. 22.  Mayor Pro Tem-Election and Term of Office.  At the first regular meeting of the board of commissioners after their induction into office, it shall be the duty of the board to elect one of its members by a majority vote of the board, who shall be known and designated as mayor pro tem, and he shall continue to hold the title and the office until the expiration of the term of office for which he was elected by the commissioners, but he shall receive no extra pay by reason of being or acting mayor pro tem.

      Sec. 23.  Mayor Pro Tem-Duties-Procedure in Absence of Mayor and Mayor Pro Tem.  If for any reason the mayor is absent from the city, sick or unable to perform the duties of his office, the mayor pro tem shall act as mayor, and he shall be vested with all powers and shall perform all the duties of the mayor during such absence or sickness.

be vested with all powers and shall perform all the duties of the mayor during such absence or sickness. In case of the absence or sickness of both mayor and mayor pro tem the remaining commissioners shall elect one of their number to act instead of the mayor or mayor pro tem.

      Sec. 24.  Mayor Pro Tem-Duties-Title-When to Serve as Mayor.  In case of the death, resignation or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the mayor pro tem shall act as mayor and possess all the rights and the powers of the mayor, and perform all of his duties under the official title, however, of mayor pro tem, until the next municipal election.

      Sec. 25.  Board of Commissioners-Investigations by-Contempt-False Swearing.  The mayor and the board of commissioners may, and it shall be their duty at any time, to investigate each and every department of the city government and the official acts and conduct of the city officials, and for the purpose of ascertaining facts in connection with such investigation, shall have the power to compel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as they may deem necessary, and compel the production of books and documents. Failure to appear by any one when served by a notice to do so, shall be contempt, which may be punished by fine, and in default of the payment thereof the person so fined may be imprisoned. Wilful, false swearing in such investigations and examination shall be perjury and punishable as such.

      Sec. 26.  Officers, Subordinate-Duties Restricted and Altered-Bonds.  The board of commissioner shall have the power, and it shall be their duty to prescribe by ordinance, the powers and duties of all officers of the city, whether elected or appointed, where the same have not been provided for in this act and shall have authority from time to time to add thereto, alter or restrict the same, and shall require of all such officers as they may deem necessary, to execute bonds payable to the city of Winnemucca in such amount and form as the board of commissioners may provide with good and sufficient sureties, to be approved by the board of commissioners, conditioned for the faithful discharge of their respective duties. The board of commissioners shall have the power at any time to require any of such officers to execute a new bond or bonds when the existing bond or bonds shall, for any reason, be deemed by the board of commissioners insufficient.

      Sec. 27.  Police-Duties.  For the preservation of the peace, the police and watchman shall have all the powers given by law to constables. It shall be their duty to suppress all riots, disturbances and breaches of the peace; to arrest all persons fleeing from justice, to apprehend upon view any person found in the act of committing any offense against the laws of the state, or violating the ordinances of the city and to take the offender before the proper magistrate or officer to be punished;

When mayor pro tem becomes mayor

Commissioners to investigate departments

Commissioners to prescribe duties and powers of subordinate officers

Police, duties of

Municipal court

Police judge, qualifications

Concurrent jurisdiction with justice courts

Proviso

Fines, regulations regarding

Municipal court, jurisdiction in various cases

to make complaints before the proper magistrate of any person known or believed by them to be guilty of crime or any violation of the ordinances of the commissioners, and to serve all processes that may be delivered to them for that purpose, and generally to perform all such duties as may be required by the commissioners for the good government of the city.

      Sec. 28.  Municipal Court.  There shall be in said city a municipal court; the papers, pleadings filed therein, and processes issuing therefrom shall be entitled “In the Municipal Court of the City of Winnemucca.”

      Sec. 29.  The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the said city for not less than one year and who shall be a qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace, wherein any person or persons are charged with breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of said city and be governed by the same rules and receive the same fees as are now, or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court 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 the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold in accordance with the provisions of such ordinances or of this charter. 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 court 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 two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on 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 fine until the same shall be exhausted or otherwise satisfied.

      Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of action to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed 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,

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 recognizances given to or for the use or benefit of the city, and upon all the appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by justice courts.

      The said court 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, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.

      The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have the power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.

      The police judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.

      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 to act, any justice of the peace of said county on the written request of the mayor, may act in the place and stead of such police judge, and the commissioners shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.

Proviso

Jurisdiction of offenses against peace of city

Treated as justice court

Docket to be kept

Judge disqualified to act, when

Appeals, how taken

Warrants

Enacting clause of ordinances

Ordinances must be signed by mayor

Powers of board of commissioners

duct the sum so apportioned from the salary of such police judge.

      Appeals to the district court may be taken from any final judgment of said municipal 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.

      All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.

      Sec. 30.  The style of ordinances shall be as follows: “The Board of Commissioners of the City of Winnemucca do ordain.” Ordinances when first proposed shall be read aloud in full to the board of commissioners and final action thereon shall be deferred until the next regular meeting of the said board, except in the cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. All ordinances shall be signed by the mayor and attested by the city clerk and be published in full together with the names of the commissioners voting for or against their passage in a newspaper published in such city, if any there be; otherwise some newspaper published in the county and having a general circulation in such city, for the period of at least one week, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publishment by the publisher, and said book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of commissioners they shall be so received.

      Sec. 31.  They said board of commissioners shall have the following powers: To make and pass all ordinances, resolutions and orders not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

      2.  To control the finances and property of the corporation.

      3.  To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.

      4.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      5.  To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the said board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any time bonds in an amount in excess of 20 per cent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness in excess of 2 per cent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The board shall have the power to acquire or establish any public utility only in the manner herein provided. The board shall enact an ordinance which shall set forth fully and in detail the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the board and mayor or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest, and time within which redeemable and on what fund. Such ordinance shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city. At the first regular meeting of the board, or any adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published ordinance, unless a petition shall be presented to it signed by not less than 20 per cent of the qualified electors of the said city, as shown by the last preceding registration list, and representing not less than 10 per cent of the taxable property of said city, as shown by the last preceding tax list or assessment roll, provide for a special election upon the question of whether or not the proposed ordinance shall be passed, thereupon, no such ordinance shall be enacted or be valid or effective for any purpose whatsoever unless at the special election called and held for the purpose, the majority of the votes cast are for the ordinance.

Powers of board of commissioners

Powers of board of commissioners