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District

attorney or deputy at preliminary examination Deputy same

and conduct the prosecution in all preliminary examinations where a felony is charged.

SEC. 13. All matters and things required to be done by the district attorney by the provisions of this act may be as principal done with like force and effect by his deputy.

pending

cases

SEC. 14. Nothing in this act shall be held to apply to, or Not to affect in any manner affect, any indictment, trial, writ of error, appeal or other proceeding, judgment or sentence, in cases of the violation of any of the provisions of the criminal law of the State of Nevada now pending in any court in this state, but the same shall be held and conducted and adjudged as provided by the law in force before this act shall take effect. Any offense which shall have been committed before this act takes effect shall be inquired of, prosecuted and punished in accordance with the law in force at the time of the commission of such offense.

Killing of

railroads to

byemployees

CHAP. 210-An Act requiring the giving of notice of live stock killed or injured by locomotives or cars, and providing a penalty for failure to give notice of live stock so killed or injured, and repealing an act entitled "An act requiring railways to give public notice of live stock killed or injured by their locomotives or cars; providing a penalty for failing or neglecting so to do," approved March 24, 1911.

[Approved March 24, 1913]

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

SECTION 1. Every conductor, engineer, section foreman, or other employee of any corporation, receiver, association, animals by partnership, or person operating a railroad in this state who be reported has personal knowledge of the injury or killing of any live stock of any description by the running of any engine or engines, car or cars over or against any such live stock, shall immediately report the same by notice in writing to the general superintendent or division superintendent of the railroad for which he is working, unless he is aware that such notice has already been given by some employee of such corporation to such general superintendent or division superintendent.

employee neglecting to report

SEC. 2. Every conductor, engineer, section foreman, or Penalty for other employee of any corporation, receiver, association, partnership, or person operating a railroad in this state that shall fail or neglect to comply with the provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or be imprisoned in the county jail not less than ten

(10) days nor more than thirty (30) days, or be punished by both such fine and imprisonment.

describing

killed

SEC. 3. Every person, association, or corporation oper- Railroads to ating a railroad within this state, or receiver of an association post notice or corporation so operating, that shall injure or kill any live live stock stock of any description by the running of any engine or engines, car or cars, over or against any such live stock, shall within five days thereafter post for a period of at least thirty days at the first railroad station in each direction from the place of such injury or killing, a notice in writing in some conspicuous place on the outside of such stations, and within ten days after such injury or killing of any such live stock file a duplicate of such notice with the county clerk of the Duplicate county in which the stock is injured or killed, which notice with county shall contain the number and kind of animals so injured or clerk killed, and a full description of each, with the time and place, as near as may be, of such injury or killing, and shall be dated and signed by some officer or agent of such person, association or corporation operating such railroad.

notice filed

railroads

Every corporation, receiver, association, or person Penalties for which shall fail, neglect or refuse to comply with the provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars ($25) nor more than two hundred and fifty dollars ($250).

SEC. 5. An act entitled "An act requiring railways to Previous act give public notice of live stock killed or injured by their loco- repealed motives or cars, providing a penalty for failing or neglecting so to do," approved March 24, 1911, is hereby repealed.

CHAP. 211-An Act to amend sections one hundred ninetyone, one hundred ninety-four, one hundred ninety-six, and one hundred ninety-seven of an act entitled "An act concerning public schools, and repealing certain acts relating thereto," approved March 20, 1911.

[Approved March 24, 1913]

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

SECTION 1. Section one hundred ninety-one of said act is hereby amended to read as follows:

school

issue bonds

Section 191. Any school district of the state, now existing Authorizing or which may hereafter be created, is hereby authorized to districts borrow money for the purpose of erecting and furnishing a generally to school building, or buildings, maintaining the same, purchasing grounds on which to erect such building, or buildings, or for refunding floating or bonded indebtedness, whenever the board determine that it can be done to advantage of the dis

After elec

tion ratifying bonds, school trustees to act upon their own initiative

Proposed

sale of bonds published

Bonds

signed by school and

county officers

Register of bonds

trict, or for any, all or either of these purposes, by issuing the negotiable coupon bonds of the district in the manner by this act provided.

SEC. 2. Sections one hundred ninety-four, one hundred ninety-five, one hundred ninety-six, and one hundred ninetyseven of said act are hereby amended to read as follows:

Section 194. If upon the official determination of the result of such election it appear that a majority of all the vote cast is "for the bonds, the board of trustees shall regardless of any of the provisions of subdivisions 2 and 4 of section 67 of the act hereby amended, and as soon as practicable, and for the purpose stated in the notice of election, issue the negotiable coupon bonds of the district in such form and denomination as the board of trustees may direct, said bonds to run for a period not to exceed twenty (20) years from the date of issue, and bearing interest at a rate not exceeding six (6) per centum per annum, payable semiannually, both principal and interest payable at such place as the board of trustees shall direct; the said bonds not to be sold for less than their par value. And before said sale is made, notice of such proposed sale must be given by publication, in a newspaper, if there is a newspaper published in the district, for at least one week before said bonds are disposed of, inviting sealed bids to be made for said bonds, and said bonds are to be sold to the highest and best bidder for said bonds; the board, however, may reserve the right to reject any and all bids and sell the bonds at not less than their par value and at private sale, if they deem it for the best interests of the district; provided, if there is no newspaper published in said school district, the notice herein provided for shall be given by posting in three public places in said school district for at least ten days before said bonds are disposed of.

Section 195. All bonds issued under the provisions of this act shall be signed by the chairman of the board of trustees, attested by the clerk thereof, sealed with the district seal, and countersigned by the county treasurer; and the interest coupons to be attached thereto shall be signed by the original or engraved fac simile signatures of said chairman, clerk and treasurer.

Section 196. Before any district shall issue bonds under the provisions of this act, all such bonds shall, by the county treasurer be registered in a book kept for that purpose in his office, which registry shall show the school district, the amount, the time of payment, and rate of interest, and all such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry, the county treasurer shall cause said bonds to be delivered to the purchasers of the same from the board of trustees, upon payment being made therefor.

Section 197. Whenever any school district shall issue any bonds under the provisions of this act, or shall have any bonds outstanding, it shall be the duty of the board of county com

for interest

of bonds

missioners of the county in which such district may be situ- Special tax ated to levy and assess a special tax on all the taxable property and of such district, including the net proceeds of mines, in an redemption amount sufficient to pay the interest accruing thereon promptly when and as the same becomes due according to the tenor and effect of said bonds, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him, and shall cause said interest to be promptly paid at the place of payment specified in the bonds; and if there shall be any surplus after paying said interest and the expenses of collecting such special tax, the treasurer shall without delay pass the same to the credit of such school district, and such funds so passed to the credit of the district shall be subject to the disposal of the board of trustees; and in the calendar year following the year in which the bonds are issued, and annually thereafter, until the full payment of said bonds has been made, the board of county commissioners of the county in which said school district is situated shall levy and assess a special tax, and shall cause said special tax to be collected, on all the taxable property of the school district, including the net proceeds of mines, sufficient to raise annually a proportion of the principal amount of the said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied, assessed, and collected by the county treasurer in the same manner as the tax for the payment of the interest coupons and when collected shall be known as the "

School District Bond Sinking Fund, and shall be used only Sinking fund in the payment of such bonds. The sinking fund thus provided may be applied to the purchase and cancelation of the outstanding bonds of the district. At the maturity of such bonds and at their place of payment, the county treasurer shall cause such bonds and accrued interest thereon to be paid and duly cancel the same, and certify his action to the board of trustees of the school district; and the said county treasurer shall, if the tax for interest on the bonds for the first year after their date of issue is not collected in time for use in paying the interest coupons maturing during that year, pay the interest accruing on said bonds in said year out of the general county fund and return, as soon as the funds are realized from the taxes for interest on said bonds, and from said interest fund, the amount so borrowed from said general county fund.

Amending civil practice act

CHAP. 212-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 March 24, 1913]

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

SECTION 1. Section one hundred four of said Act is hereby amended so as to read as follows:

Section 104. The answer of the defendant shall contain: 1. A general or specific denial of the allegations of the comWhat answer plaint intended to be controverted by the defendant. 2. A statement of any new matter constituting a defense or counterclaim.

shall contain

Specific

denial, when

denial is barred

If

3. If the claim be verified the denial of each allegation controverted must be specific, and be made positively, or according to the information and belief of the defendant. the defendant has no information or belief upon the subject sufficient to enable him to answer any allegation or allegations of the complaint he may so state in his answer, and, placing his denial upon that ground, deny the same. If the complaint be not verified a general denial is sufficient, but only puts in issue the material allegations of the complaint.

4. No denial, according to the information and belief of a What kind of party, or upon the ground that the party has no information or belief upon the subject sufficient to enable him to answer, shall be permitted where the allegation sought to be denied is presumptively within the knowledge of the party making or seeking to make such denial.

matter or

SEC. 2. Section one hundred fifteen of said act is hereby amended so as to read as follows:

Section 115. When the answer contains new matter constiReply to new tuting a defense, or a counterclaim, the plaintiff shall, within counterclaim ten (10) days after service of the answer, or within ten (10) days after notice of the overruling of the demurrer thereto, serve and file a reply, which reply shall consist of:

What reply shall contain

1. A general or specific denial of the allegations in the answer or in the counterclaim intended to be controverted by the plaintiff.

2. Any new matter not inconsistent with the complaint constituting a defense to the matter alleged in the answer; or the matter in the answer may be confessed, and any new matter alleged, not inconsistent with the complaint, which avoids the

same.

3. If the answer be verified, the denial of each allegation controverted must be specific and be made positively, or according to the information and belief of the defendant. If the defendant has no information or belief upon the subject sufficient to enable him to answer any allegation or allegations of the answer he may so state in his reply and, placing his denial

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