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place at or near the mine, the day of the week in which authorized stockholders may be admitted under the provisions of this act. As amended, Stats. 1879, 57.
Registration-Applicant for privileges-Oath—Fee.
SEC. 2. The county clerk, or justice of the peace, in each of the counties of this state, shall keep in his office a suitable book of registration, in which he shall enter the names of all persons who shall be entitled to the privileges granted by this act; and the county clerks or justices of the peace of the several counties in this state are hereby authorized to administer an oath or affirmation to each and every application for said privileges; and for administering such oath or affirmation, and for registering the name of the applicant, the clerk or justice of the peace shall receive a fee of one dollar, to be paid by the applicant at the time of registration.
2494. Stock certificate to be presented-Oath of applicant.
SEC. 3. Upon making application as provided in section 2 of this act, for the privilege of entering and examining any of the mining properties mentioned in section 1 of this act, the applicant shall present to the county clerk or justice of the peace, certificates of stock shares representing in value onefifth of one per cent of the original capital stock of the company whose mine or mining property he or she desires to examine. Thereupon the applicant shall make oath or affirmation that the said stock certificate or stock certificates presented by him or her are actually his or her own property, or that such certificates of stock at the time of presentation really belong to the party or parties whom he or she is, under the provisions of section 1 of said act, authorized to represent. As amended, Stats. 1879, 57.
2495. Order for admission to mine.
SEC. 4. Immediately upon complying with the provisions of section 3 of this act, it shall be the duty of the county clerk, or justice of the peace, to furnish the applicant with a written order for admission to the mine and mining properties which he or she may desire to examine. As amended, Stats. 1879, 58.
2496. Penalty for refusal.
SEC. 5. Any mining superintendent, or mining foreman, or mining secretary of any incorporated mining company in this state, acting under and for such mining company, who shall fail or refuse to comply with any of the conditions mentioned in section 1 of this act, shall for each and every such failure or refusal be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction, shall be fined in any sum not less than one hundred ($100) dollars, and not exceeding five hundred ($500) dollars, or by imprisonment in the county jail for a term not less than thirty days and not exceeding six months, or by both such fine and imprisonment.
In construing the provisions of this act, it was held that the superintendent cannot be held guilty of a misdemeanor for refusing to permit the qualified stockholders to examine the mine.
Penal statutes must be plainly written, so that every one may know with certainty what acts or omissions constitute the crime. Ex Parte Deidesheimer, 14 Nev. 311.
Notwithstanding that the criminal provision of this act has been annulled by the above decision, it has been thought best to publish the act.
MONEY AND INTEREST
In relation to money of account and interest, sections 2497-2500.
Concerning the payment in money of debts and other obligations, section 2501.
An Act in relation to money of account and interest.
2497. Money of account.
Approved November 28, 1861, 99
SECTION 1. The money of account of this territory shall be the dollar, cent and mill; and all the accounts in the public offices, and other public accounts, and all proceedings in courts, shall be kept and had in conformity to this regulation.
Cited, Hastings v. B. M. Co., 2 Nev. 96.
In an action to recover delinquent taxes, where plaintiff was allowed to introduce in evidence the original assessment roll, notwithstanding there was no dollar mark attached to the figures purporting to indicate the amount of the tax due or assessed, it was held that the fair and reasonable
2498. Accounts not vitiated.
presumption, in the absence of anything to show the contrary, was that the figures disposed in perpendicular columns in the form prescribed by statute, indicated dollars and cents and that the admission of the roll in evidence was not error. State v. Eureka Con. M. Co., 8 Nev. 27, 28.
SEC. 2. Nothing contained in the preceding section shall vitiate or affect any account, charge or entry originally made, or any note, bond or other instrument, expressed in any other money of account, but the same shall be reduced to dollars, or parts of dollars, as herein before directed, in any suit thereupon.
[Sec. 3, now Civ. Prac. sec. 329, sec. 5271 of this work.]
2499. Legal interest rate seven per cent.
When there is no express contract, in writing, fixing a different rate of interest, interest shall be allowed at the rate of seven per cent per annum for all moneys after they become due on any bond bill or promissory note, or other instrument of writing, on any judgment recovered before any court in this state for money lent, for money due on the settlement of accounts from the day on which the balance is ascertained, and from money received to the use of another. As amended, Stats. 1887, 82.
See Cox v. Smith, 1 Nev. 161, under sec. 5 of this act. The amendment above changes the rate from ten to seven per cent.
Interest exceeding the rate specified in this section cannot be recovered unless the promise to pay it be in writing. Williams Glasgow, 1 Nev. 533.
The execution must be authorized by the judgment, and must follow it in every essential particular, not only as to material matters of form, but also as to the amount for which it is rendered. Hastings v. Johnson, 1 Nev. 613.
Only the original claim or demand draws interest after judgment. When an execution is issued directing the collection of interest on the interest included in the judg ment, and a sale of property is made to satisfy such excess of interest, the sale is nugatory even against a bona fide purchaser. Idem.
The clerk cannot go behind the judgment to see whether a part or the whole of a judgment is to bear interest, nor what rate
of interest, if any, it is to bear. (Per Beatty, J.) Idem.
When a party borrows money and agrees to pay a certain rate of interest until due, the contract is broken when the day of payment is passed, and the note remains unpaid. After breach, in the absence of a continuing contract as to interest, the statute fixes the damages to be recovered. McLane v. Abrams, 2 Nev. 199, 204–207.
By our statute, the rate of interest (or damage for detention) after breach is the same as that fixed by the contract before breach. Idem.
Interest constitutes no part of the original demand; it is simply a statutory allowance for delay. Ash v. Parkinson, 5 Nev. 16.
This section does not allow interest on
money due on an open account; judgment allowing such interest where there is no special agreement, is so far erroneous. Flannery v. Anderson, 4 Nev. 438, 443.
On actions to recover personal property wrongfully taken, interest from the time of taking may always be given as damages without proof of special damage. Blackie v. Cooney, 8 Nev. 41. Where an answer admitted an account for goods sold and delivered, it was held that such answer amounted to an ascertainment of the balance of account, and that interest was due from that time upon such balance. Skinker v. Clute, 9 Nev. 343, 345. If a party claims and is entitled to any interest, it should be inserted in the judg ment. Solen v. V. & T. R. R. Co., 15 Nev. 318-320.
Interest is allowable upon the amount of a judgment recovered in an action ex delicto. Idem.
This section means that interest shall be
allowed at the legal rate on all moneys after they become due on any judgment recovered in any court in the state. Smith v. D. V. L. S. & L. Co., 21 Nev. 86, 93 (25 P. 448).
Interest, as such, can only be collected where authorized by statute. In an action upon contract, where there has been no settlement and the balance due upon the contract is uncertain and unascertained, interest cannot be collected. Vietti v. Nesbitt, 22 Nev. 390, 399 (41 P. 151).
In an accounting between partners, where it is shown that one of the firm, prior to the dissolution of the partnership, is allowed to take firm property, the other partner is allowed interest upon the value of the prop erty from the date of its appropriation by the other. Folsom v. Marlette, 23 Nev. 460 (49 P. 39).
2500. Any interest rate may be agreed to-Principal only to draw interest after judgment.
SEC. 5. Parties may agree, in writing, for the payment of any rate of interest whatever on money due, or to become due, on any contract. Any judgment rendered on such contract, shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment; provided, only the amount of the original claim or demand shall draw interest after judgment.
See sec. 5271.
It is a well-settled rule in courts of equity that a contract for future compound interest will not be enforced. The rule in courts of law is not so well settled in regard to such contracts. Cox v. Smith, 1 Nev. 161.
Our statute does not sanction compound interest. Contracts in regard to compound interest must stand or fall by the established rules of equity and common-law courts.
See, also, citations under sec. 4 of this act.
An Act concerning the payment in money of debts and other obligations.
Approved February 15, 1893, 121
2501. Official bonds and certain obligations payable in legal money. SECTION 1. On and after the passage of this act, all official bonds and undertakings, and also all obligations of debt, judgments or executions stated in terms of dollars and to be paid in money, shall be payable in either the standard silver or gold coins or other legal money authorized by the Congress of the United States. As amended, Stats. 1895, 13.
NAMES AND EMBLEMS
Changing names of individuals, see secs. 5335-5337.
An Act to protect the Grand Army of the Republic, benevolent, humane, fraternal, charitable or other organizations in the use of their names and emblems, and providing penalties for the violation thereof.
Approved March 15, 1911, 65
2502. Unlawful to use name of incorporated society or association without authority.
SECTION 1. No person, society, association, or corporation shall assume, adopt or use the name of a military, ex-military, patriotic, benevolent. humane, fraternal or charitable organization, incorporated under the laws of this or any other state, or of the United States, or a name so nearly resem
bling the name of such incorporated organization as to be a colorable imitation thereof, or calculated to deceive persons not members, with respect to such corporation. In all cases where two or more such societies, associations, or corporations claim the right to the same name, or to names substantially similar, as above provided, the organization which was first organized and used the name, and first became incorporated under the laws of the United States or of any state in the Union, shall be entitled in this state to the prior and exclusive use of such name, and the rights of such societies, associations or corporations, and of their individual members shall be fixed and determined accordingly.
See secs. 6716–6717.
2503. Illegal wearing of insignia prohibited.
SEC. 2. No person shall wear or exhibit the badge, button, emblem, decoration, insignia, or charm, or shall assume or use the name of any military, ex-military, patriotic, humane, fraternal or charitable corporation, incorporated under the laws of this or any other state, or of the United States, or shall assume or claim to be a member thereof, or of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable corporation, the name of which shall so nearly resemble the name of any other corporation existing prior to the organization of the corporation or association of which such person may claim to be a member, the name whereof may be calculated to deceive the people with respect to any such prior corporation, unless he shall be authorized under the laws, statutes, rules, regulations and by-laws of such former corporation, to wear such badge, button, emblem, decoration, insignia or charm or to use and assume such name as a member thereof.
2504. Injunction may issue, when.
SEC. 3. Whenever there shall be an actual or threatened violation of the above act, an application may be made to the court or judge having jurisdiction, to issue an injunction upon notice to the defendant of not less than five days, for an injunction so restraining such actual or threatened violation, or if it shall appear to such court or justice that the defendant is in fact using the name of a military, ex-military, patriotic, benevolent, humane, fraternal or charitable corporation, incorporated as aforesaid, or a name so nearly resembling it as to be calculated to deceive the public, or is wearing or exhibiting the badge, insignia or emblem of such corporation without authority thereof, and in violation of the above act, an injunction may be issued by said court or justice enjoining or restraining such actual or threatened violation, without requiring proof that any person has in fact been misled or deceived thereby.
SEC. 4. Any person wilfully violating the provisions of sections 1 and 2 of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than fifty dollars ($50), nor more than five hundred dollars ($500), or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.
See secs. 6716 6717.
Provisions of United States Revised Statutes relative to, sections 2506-2513.
FEDERAL NATURALIZATION LAWS
2506. Honorably discharged soldiers exempt
2509. Alien seamen of merchant vessels.
2510. Naturalization of Chinese prohibited. 2511. Aliens honorably discharged from service in navy or marine corps.
2512. Certain defective certificates, how vali dated.
In regard to the acquisition of citizenship by other means than naturalization, see secs. 1992 to 1995, inclusive, of the United States Revised Statutes. See, also, sec. 2172 of the Revised Statutes.
Subsection numbers refer to United States Revised Statutes.
2506. Honorably discharged soldiers exempt from certain formalities. SEC. 2166. Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States.
2507. Aliens of African nativity and descent.
SEC. 2169. The provisions of this title shall apply to aliens being free white persons, and to aliens of African nativity and to persons of African descent. As amended, 1875.
2508. Naturalization to alien enemies prohibited.
SEC. 2171. No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States; but persons resident within the United States, or the territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had before that day made a declaration, according to law, of their intention to become citizens of the United States, or who were on that day entitled to become citizens without making such declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in the manner prescribed by the laws heretofore passed on that subject; nor shall anything herein contained be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien.
2509. Alien seamen of merchant vessels.
SEC. 2174. Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of