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public

master created

filed with

hire, or any person, firm or corporation who shall weigh or Office of measure any commodity, produce, article or articles, and weighissue therefor a weight certificate which shall be accepted as the accurate weight upon which the purchase or sale of such commodity, produce, article or articles is based, may, upon application as hereinafter described, be known as a public weighmaster, and shall file a bond with the state sealer of weights and measures in the sum of one thousand dollars ($1,000) for the faithful performance of his duties, and shall Bond, $1,000 obtain from the state sealer of weights and measures a seal state sealer for the stamping of weight certificates hereinafter provided; the said seals shall be the property of the state, and shall be measures, forfeited and returned to the state sealer of weights and measures upon termination of the appointment herein prescribed of the public weighmaster. Said seal shall be of a Seal form and design prescribed by the state sealer and furnished by him to the weighmaster. Said seal shall be a recognized authority of accuracy when applied to weight certificates.

of weights

certificates

SEC. 2. The state sealer of weights and measures shall Weight prescribe a form of weight certificates to be used by all public weighmasters, which certificates shall be known as the "State Certificate of Weights and Measures," and shall state thereon the kind of product, the owner, agent or consignee, the total weight of the product, the number of units of same, the date of receipt of the product, the railroad, team or other means by which the product was received, any trade or other mark thereon, and such other information as may be necessary to distinguish or identify the product from a like kind. No certificate other than the one herein prescribed shall be used by public weighmasters.

all public

SEC. 3. All public weighmasters shall keep and preserve Records of correct and accurate records of all public weighings, as pro- weighings vided by this act, which records shall at all times be open must be kept for inspection by the state sealer of weights and measures, or his deputy.

rules:

fees

false

certificate

SEC. 4. The state sealer of weights and measures shall Uniform make uniform rules for carrying out the provisions of this weighing act, and shall designate a reasonable fee to be charged by public weighmasters for weighing, such fee to be retained by the public weighmaster as compensation for his services. SEC. 5. All state certificates of weights and measures, as Penalty for provided by this act, shall contain the accurate and correct weight of any and all commodities weighed when issued by the public weighmaster. Any public weighmaster who shall issue a state certificate of weights and measures giving a false weight or measure of any article or commodity weighed or measured by him, or his representative, to any person,. firm or corporation, shall be guilty of a misdemeanor, and the state sealer may direct and compel the return to him of the state seal, or declare his bond as public weighmaster forfeited, or both.

encouraging

false weighing

SEC. 6. Any person, firm, or corporation who shall request Penalty for the public weighmaster, or any person employed by him to weigh any product, commodity, article or articles falsely, or incorrectly, or who shall request a false or incorrect state certificate of weights and measures, or any person issuing at state certificate of weights and measures who is not a public weighmaster, as provided for in this act, shall be guilty of a misdemeanor.

Correctness

SEC. 7. When doubt or difference arises as to the correctness of the net or gross weight of any amount, or part of any how decided commodity, produce, article or articles for which a state cer

of weight.

Costs,

how met

Principal responsible for deputy

Net weight defined

to appoint

masters: apparatus

tested

tificate of weights and measures has been issued by a public weighmaster, the owner, agent or consignee may, upon complaint to the state sealer of weights and measures, or his deputy, have said amount or part of the amount of any commodity, produce, article or articles reweighed by the state sealer of weights and measures, or a public weighmaster designated by him, upon depositing a sufficient sum of money to defray the actual cost of reweigh with the state sealer of weights and measures. If, on reweighing, a difference in the original weight is discovered as the result of fraud, carelessness, or faulty apparatus, the cost of reweighing shall be borne by the public weighmaster responsible for the issuance of such faulty state certificate of weights and measures. All public weighmasters employing or designating any person to act for them as deputy public weighmaster shall be responsible for all acts performed by such person, and the public weighmaster shall forward to the state sealer of weights and measures the name and address of persons so appointed.

SEC. 8. When any product is sold subject to public weighmaster weights, such weight shall be the true net weight of the product. Net weight, within the meaning of this act, shall be the correct or actual weight of the commodity, excluding the weight of the container.

SEC. 9. The state sealer of weights and measures shall State sealer appoint public weighmasters; provided, that he or his public weigh- deputy shall test all weighing apparatus to be used, inspect the premises intended for such use and satisfy himself that the applicant is in every way equipped, qualified, competent and of such character that he should be appointed a public weighmaster. The state sealer of weights and measures, if satisfied with the applicant's qualifications, shall issue a certificate of appointment as public weighmaster, for which there shall be a charge of ten dollars ($10), paid to the state sealer of weights and measures, which amount shall be used by said state sealer of weights and measures in the costs incurred under the premises of this act. The state sealer of weights and measures has the right to suspend or revoke the authority or appointment of any public weighmaster at any time for cause or upon complaint filed.

defined

SEC. 10. The term "person," as used in this act, shall be "Person" construed to imply both singular and plural as the case demands, and shall include corporations, company, society, and association. When construing and enforcing the provisions of this act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society, or association within the scope of his employment or office shall, in every case, be also deemed omission or failure of such corporation, company, society or association, as well as that of the person.

SEC. 11. Any person violating any of the provisions of Penalty this act shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction shall be fined in the sum not exceeding two hundred dollars ($200), or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment.

SEC. 12. The sum of six hundred dollars ($600) is hereby Appropriaappropriated, out of any money in the state treasury not tion, s600 otherwise appropriated, for carrying out the provisions of this act.

SEC. 13. All acts or parts of acts in conflict with this act Conflicting are hereby repealed.

[Senate Bill No. 91-Churchill County Delegation]

CHAP. 93-An Act providing for the control of the alfalfa weeril in the State of Nevada, and making an appropriation therefor. [Approved March 8, 1923]

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

Assembly, do enact as follows:

acts repealed

controlling

weevil:

SECTION 1. For the purpose of demonstrating methods of For controlling the alfalfa weevil and carrying out control alfalfa measures at certain strategic points, there is hereby appro- appropriapriated, out of any moneys in the state treasury not other- tion, $5.000 wise appropriated, the sum of five thousand ($5,000) dollars for the years 1923 and 1924, the money hereby appropriated to be expended under the direction of the state quarantine officer. All claims against this appropriation shall be approved by the state quarantine officer and the state board of examiners.

quarantine

SEC. 2. For the purpose of carrying out the provisions of State this act the state quarantine officer is hereby authorized to officer to purchase such spraying apparatus and supplies as may be take charge needed and to hire such properly qualified assistants as may be necessary to supervise the work during such periods as same is being carried on. For the more efficient and economical carrying out of the provisions of this act the state quarantine officer is hereby authorized to cooperate financially or otherwise with any individual firm or corporation

or with any county or with any department or division of the state or federal government.

Expenses of

Nevada state police

County

to pay, when

"Expense" defined

Super

intendent

to present

[Senate Bill No. 96-Senator Fitzgerald]

CHAP. 94-An Act to amend section 17 of an act entitled "An act to provide for the creation, organization and maintenance of the Nevada state police, prescribing the powers and duties of the officers and members thereof in maintaining peace, order and quiet in the State of Nevada, fixing their compensation, providing certain penalties, and other matters relating thereto, making an appropriation therefor, and repealing all acts or parts of acts in conflict therewith," approved January 29, 1908, as amended.

[Approved March 8, 1923]

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

SECTION 1. Section 17 of the above-entitled act is hereby amended to read as follows:

Section 17. All necessary expenses, including meals, lodging, and traveling expenses, incurred by the members of the "Nevada State Police" while absent from the seat of government in the discharge of their duties, shall be first approved by said superintendent of police, and shall be examined, approved, and allowed by the state board of examiners and shall be paid as other claims against the state are paid. No member of the "Nevada State Police" shall incur any expenses whatever unless ordered to do so by the superintendent of police; provided, that no member of the "Nevada State Police" shall incur any traveling expenses whatever, except by order of the governor; provided, however, when the services of the "Nevada State Police" are requested by officers of any county in this state the board of county commissioners of the county making the request must pay the expense incurred by the "Nevada State Police" while stationed in said county.

The word "expense," as used herein, shall be construed to and mean board and lodging and the per diem salary of each member of the "Nevada State Police" for the time actually spent by such officers in said county.

The superintendent of the "Nevada State Police" shall present to the county commissioners of said county a statement, under oath, enumerating the expenses of each member bill to county of the "Nevada State Police" while in said county and the board of county commissioners shall allow the amount set forth in said statement and the county auditor of said county shall draw his warrant for the same and the county treasurer of said county shall pay the same.

[Senate Bill No. 109-Senator Scott]

CHAP. 95-An Act to amend sections 487, 488, and 489 of an act entitled "An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto," approved March 17, 1911; being, respectively, sections 7337, 7338, and 7339, Revised Laws of Nevada, 1912.

[Approved March 8, 1923]

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

Assembly, do enact as follows:

SECTION 1. Section 487 of the above-entitled act is hereby Forfeiture of amended to read as follows:

undertaking or deposit

when

Section 487. If at any time within twenty days after such discharged. entry in the minutes, the defendant or his bail appear and satisfactorily excuse his neglect, the court may direct the forfeiture of the undertaking or the deposit to be discharged upon such terms as may be just.

SEC. 2. Section 488 of the above-entitled act is hereby Action amended to read as follows:

Section 488. If the forfeiture is not discharged, as provided in the last section, the district attorney may, at any time after twenty days from the entry upon the minutes, as provided in the last section, proceed by action against the bail upon their undertaking.

SEC. 3. Section 489 of the above-entitled act is hereby amended to read as follows:

against bail, when

bail paid into

treasury

Section 489. If, by reason of the neglect of the defendant Forfeited to appear, as provided in section 486, money deposited county instead of bail is forfeited, and the forfeiture be not dis- within charged or remitted as provided in section 487, the clerk or 30 days magistrate with whom it is deposited must, at the end of thirty days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the county

treasurer.

[Senate Bill No. 117-Senator Scott]

CHAP. 96-An Act to authorize the board of school trustees of Kiernan school district No. 7, in the county of Lincoln, State of Nevada, to issue bonds for the construction and equipment of a schoolhouse in said district.

[Approved March 8, 1923]

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

notes, $3,000,

SECTION 1. For the purpose of providing funds with Bonds or which to pay for the construction and equipment of a suit- for Kiernan able school building therein, the board of trustees of Kiernan school school district No. 7, in the county of Lincoln, State of in Lincoln Nevada, is hereby authorized and directed under the provi

district

County

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