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Denomina

tion of bonds

30 years

limit

Bond Fund"

for the best interest of the county; provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

SEC. 6. Said bonds shall be each in the sum of two hundred and fifty dollars. They shall be numbered from one to one hundred consecutively; and the interest on the same shall not exceed six per cent per annum, payable annually in each year, at the office of the county treasurer of said Douglas County, and in no case shall any of said bonds run for a longer period than thirty years.

SEC. 7. For the purpose of creating a fund for the payment "Courthouse of the bonds authorized by this act and the interest thereon, the board of county commissioners of Douglas 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 Douglas County until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire five of said bonds annually after the first Monday in June, 1925. 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 "Courthouse Bond Fund"

redemption

SEC. 8. It shall be obligatory on said county and its proper Interest and officers to fully pay the interest on said bonds annually, and to fully pay and retire five of said bonds in 1925, beginning with the first number thereof and so on consecutively, and annually thereafter, until such bonds and the interest thereon are fully paid, canceled, and retired, to pay and retire five of said bonds in such manner.

when

SEC. 9. Whenever the bonds and interest. provided for in Tax ceases, this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners, be transferred to the general fund of said county.

Paid bonds, how canceled

Interest ceases, when

SEC. 10. Whenever the county treasurer shall pay anything on the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof "Paid, together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books with the amount so paid.

SEC. 11. Should the holder of said bonds, or of 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.

SEC. 12. The faith of the State of Nevada is hereby pledged Faith of state that this act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons issued under

pledged

[graphic]

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

CHAP. 208-An Act to amend sections 74 and 376 of an act entitled "An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto" (being sections 5016 and 5318 of the Revised Laws of Nevada), approved March 17, 1911.

[Approved March 24, 1915]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

civil practice act

SECTION 1. Section 74 of an act entitled "An act to regulate Amending proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911, being section 5016 of the Revised Laws of Nevada, is hereby amended to read as follows:

Section 74. Civil action in the district courts shall be com- Civil action, how begun menced by the filing of a complaint with the clerk of the court, and the issuance of a summons thereon; provided, that after the filing of the complaint a defendant in the action may appear by answer, demurrer, or notice of motion filed in the cause, excepting motions to quash service, or denying the sufficiency of process or the jurisdiction of the court over the subjectmatter or the person, whether the summons has been issued or not, and such appearance shall be deemed a waiver of summons. SEC. 2. Section 376 of an act entitled "An act to regulate Further proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911, being section 5318 of the Revised Laws of Nevada, is hereby amended to read as follows:

amended

deemed excepted to

Section 376. The verdict of the jury, the final decision in Matters an action or proceeding, the findings of fact, conclusions of law made by the court, findings of the referee, an interlocutory order or decision finally determining the rights of the parties, or some of them; an order or decision from which an appeal may be taken; an order sustaining or overruling a demurrer; allowing or refusing to allow an amendment to a pleading, striking out or refusing to strike out a pleading, or a portion thereof, refusing a continuance, an order made upon ex parte application, an order or decision made in the absence of a party, an order granting or denying a nonsuit, or a motion to strike out evidence or testimony, and a ruling sustaining or overruling an objection to evidence, rulings of the court as to the competency of jurors, are deemed to have been excepted to.

[graphic]

Fixing salaries of Esmeralda county

officers Sheriff

Clerk

Recorder

District attorney

Commissioners

CHAP. 209-An Act to amend "An act fixing the compensation of certain county officers of Esmeralda County, in the State of Nevada; regulating their appointments, number, and compensation of their deputies and attachés, and requiring the said officers to make reports to the board of county commissioners of Esmeralda County, and repealing all acts and parts of acts in conflict herewith, effective January 1, 1915," approved March 25, 1913.

[Approved March 24, 1915]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The following-named officers of Esmeralda County shall receive, in full payment of all services rendered by them, the following salaries:

The sheriff, for services as sheriff, shall receive the sum of one thousand ($1,000) dollars per annum, and for his services as ex officio county assessor the sum of two thousand ($2,000) dollars per annum. The sheriff is hereby authorized to appoint one deputy sheriff, and said deputy shall receive a salary of six hundred ($600) dollars per annum as deputy sheriff, and twelve hundred ($1,200) dollars per annum as ex officio deputy county assessor, and he shall also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and said board of county commissioners shall fix the compensation of the deputies so appointed, and in no case shall the compensation exceed the sum of one hundred and fifty ($150) dollars per month for each deputy so appointed.

The county clerk, for services as county clerk, shall receive the sum of eight hundred ($800) dollars per annum, and for services as ex officio county treasurer the sum of sixteen hundred ($1,600) dollars per annum, and he shall appoint a deputy who shall receive as compensation, one hundred and fifty ($150) dollars per month.

The county recorder, for services as county recorder, shall receive the sum of eight hundred ($800) dollars per annum, and for services as ex officio county auditor the sum of sixteen hundred ($1,600) dollars per annum, and he shall also appoint a deputy who shall receive a compensation of one hundred and fifty ($150) dollars per month.

The district attorney of Esmeralda county shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and he shall also appoint as many deputies as the board of county commissioners shall deem necessary, and said board of county commissioners shall fix the compensation of the deputies so appointed.

The county commissioners of Esmeralda County shall receive the sum of six hundred ($600) dollars per annum each, and mileage at the rate of ten (10) cents per mile in going to the county-seat when attending a session of the board; provided,

that the county commissioner elected at November election in the year 1912 for the term of four years, shall, until the expiration of his term of office receive the sum of seventy-five ($75) dollars per month.

named to

pensation

county

The above salaries shall be in full compensation for all All salaries services and ex officio services to be performed by the above- be full comnamed officers, both civil and criminal, and all precentages collected by the sheriff, as sheriff and ex officio assessor, shall be paid into the treasury of Esmeralda County, and no fees All fees to of any kind or character shall be allowed the above-named treasury officers, and they shall receive no other compensation but the salary herein named, and they shall make full, true, and correct reports of all fees collected by them monthly, to the board of county commissioners of Esmeralda County. The county commissioners of Esmeralda County are hereby authorized to allow the traveling expenses of all the above-named officers Traveling when traveling either in Esmeralda County or elsewhere in allowed performing the duties of their offices.

expenses

SEC. 2. This act shall take effect from and after April 1, In effect

1915.

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

CHAP. 210-An Act to provide a law for the conservation of underground waters, providing for the casing and capping of artesian wells, defining the underground waters which are governed by the laws relating to the appropriation of the public waters of the state, providing a penalty for the violation of the provisions of this act, and prescribing the duties of the district attorneys in relation thereto.

[Approved March 24, 1915]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

ground

subject to

SECTION 1. All underground waters, save and except per- Undercolating water, the course and boundaries of which are inca- water pable of determination, are hereby declared to be subject to appropriaappropriation under the laws of the state relating to the appro- tion priation and use of water.

wells to be

SEC. 2. Every person sinking or boring an artesian well in Artesian the state shall cause to be placed in such well a proper and properly sufficient casing, so arranged as to prevent the caving in of encased such well, and to prevent the escape of water therefrom through any intervening sand or gravel stratum, and shall provide the necessary valves and appliances to prevent or control the flow of water from such well.

allowed to

SEC. 3. No person controlling an artesian well shall suffer Water not or permit the waters thereof to flow to waste, unless, and so far run to waste as reasonably necessary, to prevent the obstruction thereof, or to flow or to be taken therefrom, save for beneficial purposes.

[graphic]

District

attorney to

act

SEC. 4. Whenever it shall be called to the attention of the district attorney of any county of the state, by complaint or enforce this otherwise, that the proprietor of any artesian well, or any person controlling the same, has failed to install proper casing, valves, or appliances, or is permitting the waters thereof to run to waste, it shall be his duty to investigate such matters and, if it is found that any of the provisions of this act are being violated, to commence criminal action against such owner or proprietor.

Right of entry for

public officers

Penalty

"Person" defined

In effect

In certain divorce cases, wife

entitled to

of com

munity

property as though husband were

dead

Woman remarries,

SEC. 5. Any officer of the county or state shall have the right to enter the premises of any such owner or proprietor, where any such well is situated, at any reasonable hour of the day, for the purpose of investigating any matters in connection with this act.

SEC. 6. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as provided by law.

SEC. 7. The word "person" as used herein, shall be interpreted to mean any firm, partnership, association, company, or corporation.

SEC. 8. This act shall take effect upon its passage and approval.

CHAP. 211-An Act to amend section 27 of an act entitled
"An act relating to marriage and divorce," approved
November 28, 1861, the same being section 5843 of the
Revised Laws.

[Approved March 24, 1915]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section 27 of the above-entitled act is hereby amended so as to read as follows:

Section 27. When the marriage shall be dissolved by the husband being sentenced to imprisonment, and when a divorce shall be ordered for the cause of adultery committed by the same share husband, the wife shall be entitled to the same proportion of his lands and property as if he were dead; but in other cases the court may set apart such portion for her support, and the support of their children, as shall be deemed just and equitable. In the event of the remarriage of the wife, and there being issue of the former marriage, the court in which the divorce alimony may was granted may, on proper showing for cause, enter an order go to minor that the alimony previously awarded, or part thereof, be paid as ordered by the court for the benefit of the minor children. In any suit for divorce now pending, or which may hereafter be commenced, the court or judge may, in its discretion, upon application, of which due notice shall have been given to the husband or his attorney, at any time after the filing of the complaint, require the husband to pay such sums as may be necessary to enable the wife to carry on or defend such suit,

children

Alimony pendente lite

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