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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:

ground passages between be main

SECTION 1. It shall be unlawful for any owner, operator Undercr person in charge of any mine to place or cause to be placed any bulkhead or door in any passageway connecting con- mines must tiguous mines or to refuse to allow the right of use of such tained to outlet through such contiguous mine in case of an accident; of workmen 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.

allow escape

in escape

SEC. 2. In all passageways connecting contiguous mines Tools to aid 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.

ance

SEC. 3. Any owner, operator or person in charge of any Penalties for mine who violates any of the provisions of this act shall be noncompliguilty 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.

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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.

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:

construed

T. N. Evans,

SECTION 1. There is hereby appropriated. out of any Relief of moneys in the state treasury not otherwise appropriated, the $249 sum of two hundred and forty-nine dollars, to be paid to T.

Duties of controller and

treasurer

County

treasurer to pay all

county

warrants

Payment

barred after two years

from date of warrant

County

treasurer to keep list of

all interestbearing school warrants

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.

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.

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 66 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

ceases, when

source in the fund upon which such warrants are drawn. Interest 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:

before issue

school

Section 5. Before the issuance of the first of such interest- Procedure bearing warrants the clerk of the board of trustees shall of interestsubmit to the county commissioners of said county a copy of bearing the resolution of the board of trustees authorizing the same, warrants 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 Special tax, sufficient to pay such warrants and interest due thereon within three years.

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:

when

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 That said act entitled "An act to provide for Act repealed licensing itinerant and unsettled merchants, traders, peddlers and auctioneers," approved March 24, 1905, be, and the same is, hereby 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

agricultural

SECTION 1. The sum of five thousand dollars for each of State the years 1913 and 1914 is hereby appropriated, out of any society, $5,000 moneys in the general fund of the state treasury not other- for 1913 and wise specifically appropriated, to aid the state agricultural society in holding annual fairs in each of said years.

1914

SEC. 2. The sum of three thousand dollars for the year $3,000 for 1913 is hereby appropriated, out of any moneys in the general year 1913 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.

No money for horse racing

Amending act regarding estate of deceased

person

Order of inheritance

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.

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

inheritance

thereof shall go in equal shares to the brothers and sisters of Order 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 descend 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

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