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of this state any herd, band or carload of horses until the same shall have been duly inspected as hereinafter provided for.

2290. Idem-Railroad companies held liable.

SEC. 2. It shall be unlawful for any railroad company to receive for transportation beyond the boundaries of this state any herd, band or carload of horses until the same shall have been duly inspected as hereinafter provided by this act, and until such railroad company shall have been furnished with a certificate by a duly authorized inspector of the county in which the shipment is to be made showing that the brands upon such horses have been duly inspected as required by this act, and any railroad company, or any officer, agent or servant of any railroad company who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars and not more than five thousand dollars, in the discretion of the court.

2291. Sheriffs to be inspectors-Report.

SEC. 3. The sheriff of each county shall be an inspector of horses under the provisions of this act and it is hereby made the duty of the sheriff of each county to perform the duties hereinafter provided as such live stock inspector, and he shall keep a record of all inspections made, giving the name of the owner and shipper of any horses, the several brands, the number of the car and the destination of the shipment. He shall file with the board of county commissioners of his county, on the first day of each month, a complete report of all inspections made during the month, and shall also furnish a copy of such report to the official newspaper of the county, and such report shall be published at the expense of the county, and the publisher of such paper shall forward a copy of his paper free of charge, containing such report, to each of the sheriffs of the state.

2292. Sheriff to give clearance certificate-Expenses.

SEC. 4. Every person or persons, firm, association or corporation, their or either of their agents, servants or employees having charge of any horses destined for transportation by rail or to be driven beyond the limits of this state, shall make application to the sheriff of the county in which such stock is located, or to his duly authorized agent to inspect the brand or brands of any such horses, stating in such application the time and place, when and where said horses will be ready for inspection; and it shall be the duty of such sheriff or his deputy so notified to attend at the time and place designated in such application and inspect said horses, make the necessary record, and give the necessary certificate required by the provisions of this act, free of charge to the owner of said horses or to said railroad company or corporation; provided, however, that the actual and necessary expenses of the sheriff or his deputy, in making such inspection, shall be paid by the county; provided, further, that in all cases of horses transported out of this state by rail, the place of inspection shall be at some stock yard near the proposed point of shipment of said horses from this state; and provided further, that if the owner or person in charge of said horses shall cause any unreasonable delay or loss of time to such sheriff or his deputy so notified to attend, such owner or person in charge of any such horses shall pay the expenses and salary of such inspector during such delay or loss of time not to exceed five dollars per day.

2293. Sheriff to inspect all brands on horses-Report.

SEC. 5. It shall be the duty of the sheriff or his deputy who shall be notified as hereinafter provided, to inspect the brands of all horses transported or driven out of this state, and make a sworn report to the board of county commissioners of the result of such inspection at least once in every thirty

days. It shall also be the duty of such sheriff or his deputy to furnish any person, firm, association or corporation or either of their agents, servants or employees, having horses destined for transportation by rail or to be driven beyond the limits of this state, with a certificate to the effect that he has duly inspected the brands of all such horses therein enumerated, and that he has a full and complete record of such horses.

2294. False certificate; punishment.

SEC. 6. Any sheriff or his deputy who shall knowingly make any false certificate under the provisions of this act, and who shall knowingly swear falsely as to the truth of any report made by him to the board of county commissioners, or who shall accept any bribe or compensation for the performance or failure to perform the duties prescribed by this act, shall upon conviction thereof be guilty of a felony, and be fined in a sum not exceeding one thousand dollars or imprisonment in the state prison not exceeding five years, or both, at the discretion of the court.

2295. Avoiding inspection; punishment.

SEC. 7. Any person or persons, who shall violate any of sections 1, 4, and 5 of this act, or who shall remove any band, herd, or carload of horses beyond the limits of this state without having the same inspected as required by the provisions of this act, shall be deemed guilty of a felony, and upon conviction thereof shall be fined in any sum not less than five hundred dollars and not more than five thousand, or be imprisoned in the state prison of this state for a period not less than one year nor more than three years, or both such fine and imprisonment. But nothing in this act contained shall be construed as in any manner affecting the laws now in force respecting the larceny of live stock.

2296. Inspection fee-Lien-Sale of unclaimed horses- RedemptionProof.

SEC. 8. A fee of twenty-five cents per head shall be charged on all horses inspected under the provisions of this act, and such fee or charge shall be a lien upon the horses inspected until the same shall be paid. Said fees shall be in full compensation for all services rendered in making such inspection; provided, however, that said sheriffs shall have power and are hereby authorized to sell all unclaimed horses which shall come into their possession while in the discharge of their duties as such inspectors in the manner and form now prescribed for the advertising and sale of personal property under writ of execution and shall pay the proceeds of such sale, less the actual expenses of advertising, care and keeping of such unclaimed horses, into the county treasury to the credit of the general fund of the county; provided, further, that if ownership of such estrays shall be established to the satisfaction of the board of county commissioners of the county in which such animals are sold, within one year after the date of notice of sale of such unclaimed horses, it shall be the duty of the board of county commissioners to cause a county warrant to be issued against the general fund of the county in favor of the owner or owners of such unclaimed horses in the amount of the net proceeds derived from such sale. Proof of ownership shall be by affidavit of the owner or owners and at least one credible corroborative witness.

An Act authorizing the destruction of wild, unbranded stallions found running at large on government range lands.

Approved February 17, 1893, 27

2297. Stallion running at large.

SECTION 1. Any person or persons are hereby authorized, and it shall be

lawful for him or them to kill any wild, unbranded stallion found running at large on any of the government range lands in the State of Nevada.

An Act to prevent the dissemination of contagious diseases among sheep; to provide for the appointment of sheep inspectors in the several counties of this state, and to define their duties and compensation.

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2298. County commissioners to appoint sheep inspector-Bond.

SECTION 1. It is hereby made the duty of the several boards of county commissioners in this state, at their first regular meeting in April, nineteen hundred and one, and annually thereafter, to appoint an inspector of sheep for each of the counties of this state, who shall reside in the county for which he is appointed. Each inspector so appointed, before entering upon the duties of his office, shall take his oath of office, and give an undertaking to the people of the State of Nevada, for the use of the respective counties thereof, with two or more sureties, to be approved by the board of county commissioners, conditioned for the faithful performance of his duties, and in such sum as the county commissioners of the several counties may deem sufficient for the faithful performance of the duties of his office and the enforcement of the requirements of this act. As amended, Stats. 1901, 70.

2299. Powers and duties of inspector-Deputies.

SEC. 2. Said inspector is hereby empowered (and it shall be his duty) to administer oaths and to personally examine all sheep and bands of sheep in his county every year, between the first day of March and the first day of July, and again between the first day of September and the first day of December of each and every year, and also at any time he may be called to do so, by request in writing, of at least five persons owning or controlling any sheep or band of sheep, said persons making a written statement that said sheep (stating their locality and name of owner) are affected with some infectious or contagious disease, to at once proceed to examine said sheep, and if upon examination said sheep are found to be affected or infected with any infectious or contagious disease, and there is imminent or immediate danger of the spreading of said disease, and that it will cause great and irreparable injury to other owners in the vicinity of said infected or affected sheep, the said inspector, shall forthwith issue his orders quarantining said sheep, and he shall engage a sufficient number of persons to hold said sheep secure from other sheep, and shall immediately dip, or cause to be dipped, all of said sheep found to be so affected. Each inspector may appoint one or more deputies, not exceeding one for each precinct, for whose acts he shall be responsible, and by any of whom he may perform any act required of him by this act, except the semiannual inspections, which shall be made by the inspector in person; and it shall be the duty of the inspector to advertise in at least one local paper, if there be one in his county, at his own expense, the names and postoffice address of any and all of his deputies.

Any indebtedness incurred under the provisions of this act, except for which the inspector should pay, may be recovered by such inspector in his official capacity, by an action in any court having jurisdiction of the amount. He shall also, at the request of the owner or owners of any sheep about to be brought from any other state or territory into this state, make an examination of such sheep, and if found free from all contagious or infectious disease, certify to such fact, as provided in section 3 of this act. As amended, Stats. 1899, 37.

2300. Duties of inspector as to sheep coming into the state-Penalty.

SEC. 3. Any person, company, corporation, or association intending to bring, or cause to be brought, sheep from any other state or territory into this state must first obtain from an inspector of sheep, duly appointed under this act, a certificate that said sheep are free from all infectious and contagious disease, before crossing the boundary line of this state; and it shall be the duty of every inspector, at the request of any person, company, association, or corporation owning or controlling any sheep in his county, or within twenty miles of the line of such county, upon being tendered the amount of his compensation for other special examinations as herein provided, to with all convenient speed examine any sheep he shall be requested so to examine, and if such sheep be sound and free from all infectious and contagious diseases, and are perfectly sound, to give his written certificate to said applicant, over his official signature, setting forth the soundness and freedom from disease of said sheep, together with the date of such examination, and permit and authorize such applicant to move such sheep to all counties of this state. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than two hundred and fifty dollars.

See sec. 2315.

2301. Permit to move sheep-Penalties.

SEC. 4. Any person, company, corporation, or association desiring to move his or its sheep which are not sound, or are affected or infected with scab or any infectious or contagious disease, shall obtain from the inspector a traveling permit; but such permit shall only be granted for the purpose of moving said sheep to some place where they may be treated for said disease, and by such route as the inspector may designate. Any person, company or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars; and any party injured or damaged by the reason of the moving of said sheep, without such permit, shall be entitled to recover off of said person, company, or corporation, by a civil action, three times the amount of damage, direct and consequential, that said party has actually sustained by reason thereof.

2302. Infectious diseases in sheep-Dipping-Misdemeanor.

SEC. 5. Whenever, on examination of any bands or herds of sheep kept or herded in any county of this state, the inspector shall find such sheep, or any portion of them, afflicted with scab or any infectious or contagious disease, he shall forthwith notify the person in charge of such sheep, in writing, to dip such sheep for said disease within a period of thirty days from such notice, and also, during such period to keep such sheep from contact with other sheep by such means as he may direct; and if the owner or owners, or person or persons in charge of such sheep shall not dip said sheep for said disease, as required by said notice, within said thirty days, or if said diseased sheep shall not be kept from contact with other sheep that are free from said disease, by such means as the said inspector may specify, the owner or

owners, or person or persons controlling said sheep, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred nor more than two hundred and fifty dollars; and in case said sheep have not been dipped for said disease, the inspector shall immediately take possession of said sheep and dip them for said disease, and all expenses incurred in so doing, including a compensation of three dollars per day for every day, or part of a day, in which the inspector may be engaged in dipping said sheep shall become a lien upon said sheep, and the inspector shall hold the sheep until the same is paid; or, if it be not paid within ten days after such dipping is completed, he shall collect the same together with the costs and expenses of collection, by advertising and selling said sheep, or so many thereof as may be necessary, in the manner provided by law for the sale of personal property upon execution. If, however, at the expiration of thirty days from such notice as before mentioned, the inspector finds that said sheep have been dipped for such disease, but are still infected with the same disease, then he shall instruct the owner or controller of said sheep to dip said sheep a second time as soon as possible, but with an interval between the dippings of not less than fifteen nor more than thirty days, and if, upon examination at the end of thirty days further, the inspector finds that said sheep have been dipped but are still infected, then he shall at once take possession of said sheep and dip them for said disease, as above specified. If, however, upon examination, he finds that said sheep have not been dipped for said disease, he shall seize said sheep and dip them for said disease, as above specified, and the owner or owners shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than two hundred and fifty dollars; provided, no person, company or corporation shall be required to dip a band of ewes in which there are ewes with lambs at any time between the first day of March and the first day of July of any year. As amended, Stats. 1899, 38. 2303. Fees of inspector, how paid.

SEC. 6. The sheep inspectors of the several counties of this state shall be entitled to an animal fee of one-half cent per head while making the regular semiannual inspection required by this act, and which shall be collected by him at the time of making the first inspection only. He shall also be allowed to collect a fee of three dollars per day for every day or part of a day in which he shall be engaged in making special inspections, or in inspecting sheep for the purpose of granting traveling permits, or certificates of soundness, together with ten cents per mile for the distance necessarily traveled by him in making such inspections; provided, that no person, company, or corporation owning or controlling any band or bands of sheep, and holding a certificate of soundness issued by the inspector of the proper county, within thirty days of such time as such person, company, or corporation shall desire to move said band or bands, shall be required to have a traveling permit for the purpose of moving said sheep from one locality to another within the county in which said sheep are located.

2304. Penalties for failure of inspector.

SEC. 7. Any inspector, who shall at any time grant a permit to allow any sheep to travel without first having examined such sheep, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred nor more than two hundred and fifty dollars; and for any violation or failure of any inspector to comply with the requirements of this act, it is hereby made the duty of the district attorney of the county where such inspector may reside to forthwith institute, in the name of the state, an action on his official bond against said inspector and his sureties for the enforcement herein provided for.

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