of stock com missioners, duties of be fined not more than one hundred ($100) dollars or may be punished by imprisonment in the county jail for not to exceed sixty days, or may be punished by both such fine and imprisonment. SEC. 4. Upon receiving notice of the taking up of an State board estray animal of the bovine species or any estray horse, or mule, it shall be the duty of the state board of stock commissioners, or its duly authorized agent, to make, or cause to be made, an examination of the state brand records, and if from this record the name of the owner or probable owner can be determined, the board, or its duly authorized agent, shall forthwith notify him of the taking up of such estray or estrays, and upon said owner proving to the satisfaction of the board that the said estray animal or animals are lawfully his, the said board shall issue to him an order to receive same, upon payment of any reasonable charges which may have been incurred in the care of said animal or animals so taken up; provided, however, that no charge of more than ten cents per day per head shall be made or allowed for the care of any such estray; and provided further, that upon receipt of notice of the taking up of such an estray, the board, or its duly authorized agent, may require a closer examination of the brands and marks, as set forth in the notice, and may require a state inspector to examine same before advertising. Charges Provisos advertised in when SEC. 5. Where the owner or probable owner of estrays taken up as provided in this act cannot with reasonable Estrays diligence be determined by the board or its duly authorized newspaper, agent, the board is authorized to advertise or cause to be advertised such estrays in such manner and form and at such times as it sees fit; provided, that a notice of such estray or estrays, with a full description of the same, giving brands, marks and colors thereon, shall be published once a week for four consecutive weeks in a newspaper published at the county seat of the county in which the estray or estrays is or are taken up in accordance with the provisions of this act, and if there be no newspaper published at the county-seat of such county, then such notice shall be advertised as provided herein, in the newspaper published at the nearest point to such county; expenses incurred in carrying stock inspec- out the provisions of this section to be met from the stock inspection fund. Expense paid from tion fund Unclaimed estrays, when sold SEC. 6. If said estray animal or animals shall not be claimed within ten days after the last publication of the advertisement as provided for in section 5 of this act, they shall be sold by the sheriff or other person acting as agent of the board, in such manner as the board may direct. It shall be the duty of the person making such sale to give a bill of sale to the purchaser from the board, signed by himself as agent of said board. SEC. 7. The person making the sale of such estray or sale of fund estrays shall promptly return the proceeds of such sale to Proceeds of the board, who shall pay, or cause to be paid, the expenses estrays to go incurred in taking up, holding, advertising and selling such to estray estray or estrays, and place the balance in the estray fund of said board, making a full and complete record of all said transactions, including the marks and brands and other means of identification of said estray or estrays, which said record shall be open to the inspection of the public. Should the lawful owner of any such estray or estrays sold as provided herein be found within one year after the sale of such estray or estrays, the net amount received from the disposal of such estray or estrays, shall be paid to said owner upon his proving ownership to the satisfaction of the said board. If, at the end of one year from the date of sale of such estray or estrays, the proceeds from such sale or sales remain unclaimed, such proceeds shall be covered into the stock inspection fund; provided, that in all cases of claims pend- Proviso ing after the expiration of one year from the date of sale, and denied, such proceeds shall be covered into the stock inspection fund promptly after denial of such claims. retain estray crime SEC. 8. Upon taking up any estray bovine animal, horse, Taker-up to or mule, as provided for herein, the taker-up shall be until board entitled to hold same lawfully until relieved of custody of acts; proviso the same by the said board; provided, that no person shall be permitted to use or cause to be used, to profit or otherwise, any such estray in his or her keeping under the provisions of this act; violation of this provision to be deemed Violation a grand or petit larceny, according to the value of such estray; and provided further, that any one taking, leading or driving any such estrays away from the possession of the lawful holder, as specified herein, except as herein provided for, shall be subject to all the penalties under the statute law, whether he or she be the claimant of such estray or not. SEC. 9. It shall be unlawful hereafter for any person Certain other than an authorized agent of the state board of stock commissioners to take up or retain or cause to be taken up or retained any such estray or estrays except as herein provided, and any person who shall take up and retain possession of any such estray or estrays without complying with the terms of this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished in accordance with the provisions of the act concerning crimes and punishments. inhibitions by agent of SEC. 10. Estrays, as defined in section 1 of this act, may Procedure be taken up by duly authorized agents of the state board of state board stock commissioners, procedure looking to the disposition of such estray or estrays to follow the provisions of this act. estray may SEC. 11. If any such estray or estrays, after having been Escaped taken up in accordance with the provisions of this act, be recovered escape or be removed from the custody of said taker-up before by taker-up disposed of under the provisions of this act, then such Repeal: exception as taker-up shall have the legal right to recover the same wherever found, to be held by such taker-up until disposed of as provided for herein. SEC. 12. All acts or parts of acts in conflict herewith are hereby repealed; provided, however, that nothing in this to certain act act contained shall be construed as repealing that certain act entitled "An act to prevent the trespassing of animals upon private property," approved December 12, 1862. A. J. injured while [Assembly Bill No. 32-Mr. Patterson] CHAP. 28-An Act for the relief of Andrew J. McDermott. [Became a law February 22, 1923] WHEREAS, On the 10th day of March, A.D. 1921, Andrew Preamble: J. McDermott of Deeth, Nevada, while acting in the McDermott capacity as a juror in a criminal case in Elko County, service as Nevada, and by reason of his being a juror was confined in juror in Elko the jury-room under the order of the district court of the Fourth judicial district of the State of Nevada, in and for the county of Elko; and County Elko county com- WHEREAS, The said Andrew J. McDermott, while so confined as a juror, became ill and through no fault of his own, but through the fault of certain officials of the county of Elko, State of Nevada, fell from one of the windows of said jury-room to the pavement below, causing fractures of several bones in his body; and WHEREAS, The said Andrew J. McDermott suffered injuries from which he will never fully recover and that he has no redress from any source to compensate him for said injuries, except through this body; and WHEREAS, Said Andrew J. McDermott is entitled to relief on account of said injuries; now, therefore, The People of the State of Nevada, represented in Senate and SECTION 1. That the board of county commissioners of the county of Elko, State of Nevada, be, and they are, hereby authorized to allow a claim of Andrew J. McDermott in the sum of two thousand six hundred and thirty-two and 80/100 ($2,632.80) dollars for compensation for said injuries recited in the preamble of this act; the county auditor is hereby authorized and directed to draw his warrant in payment of said claim when so allowed; and the county treasurer is hereby authorized and directed to pay said warrant upon presentation to him; provided, however, that said Legal release Andrew J. McDermott shall execute to the county of Elko, State of Nevada, a written release, discharging said county and its officers, and each of them, from any and all liability, by said McDermott claim or demand arising or which might arise by reason of said injuries so suffered by him. subsequent SEC. 2. Nothing in this act shall be deemed to create or No admit any liability in law on the part of any county and its liability officers or any of them for injuries which may be suffered by created any person under similar circumstances to those considered in this bill. [Assembly Bill No. 9-Mr. Henderson] CHAP. 29-An Act creating a commission to be known as the Colorado River development commission of Nevada, defining its powers and duties, and making an appropriation for the expense thereof. [Approved February 20, 1923] The People of the State of Nevada, represented in Senate and Colorado commission to appoint SECTION 1. A commission is hereby created to be known Creating as the Colorado River development commission of Nevada, River to consist of the governor of the State of Nevada, and development four other members, to be appointed by the governor. A majority of the commissioners shall constitute a quorum for the transaction of business. Within thirty days after the passage and approval of this act, the governor shall Governor appoint said commissioners and they shall hold office for a term of two years, or until their successors are appointed and qualified. Any vacancy shall be filled by appointment by the governor. SEC. 2. The said commissioners shall have the following Qualificaqualifications: They shall each be citizens of the State missioners of Nevada, and have a general knowledge of the development of the Colorado river and its tributaries within the State of Nevada, but at no time shall there be more than three of said commissioners members of the same political faith. tions of com SEC. 3. The governor may at any time remove any com- Removal for missioner for neglect of duty or malfeasance in office. cause for members SEC. 4. The members of said commission shall receive $10 per day as compensation ten ($10) dollars for each day actually employed on the work of said commission and their actual and necessary expenses incurred in the performance of their duties. duties of SEC. 5. Within a reasonable time after the appointment Meetings; of the members of said commission, they shall meet upon commission the call of the governor and effect an organization by electing one of their members chairman and one of their members secretary. The commission shall audit all bills for expenses and per diem of its members, and when the same shall have been certified to by the chairman and secretary, Special meeting Duties of commission in detail Hearings; oaths to witness Appropria tion, $5,000 Repeal the secretary shall file the same with the state board of examiners for approval, and the same shall be paid out of any moneys appropriated for that purpose. SEC. 6. The commissioners shall meet at such times and at such places as may be designated by the chairman. SEC. 7. The duties of said commission shall be to collect and arrange all data and information connected with the Colorado river and its tributaries which may affect or be of interest to the State of Nevada; to present the same to the governor for his information; to represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation projects connected with the Colorado river or its tributaries; for the consideration of federal and state rights and procedure relating thereto; to tender the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado river and its tributaries and the development of power thereon; to negotiate with the representatives of other states and the United States, in endeavoring to equitably settle and define the rights of the states and the United States in the waters of the Colorado river and its tributaries; to report to the governor such measures for legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from such enterprises. SEC. 8. Said commission shall have the power to hold hearings, require the attendance of witnesses and take testimony whenever it shall deem it necessary in carrying out the provisions of this act. Any commissioner is hereby authorized and empowered to administer oaths to any witness called to testify in any hearing or proceeding before the commission. SEC. 9. For the purpose of carrying out the provisions of this act the sum of five thousand ($5,000) dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated. SEC. 10. All acts and parts of acts in conflict herewith are hereby repealed. [Senate Bill No. 53-Senator Bulmer] CHAP. 30-An Act to repeal an act entitled "An act concerning the office of surveyor-general," approved March 20, The People of the State of Nevada, represented in Senate and SECTION 1. Certain act repealed. repealed The above-entitled act is hereby expressly |