Powers of sealer and deputies obstruct sealer or deputies visions of this act he shall swear to, or cause to be sworn to, a complaint before the justice of the peace having jurisdiction, charging the suspected person with a misdemeanor, and shall take charge of, pending the trial of the accused person, the weight, measure, balance or measuring device used in such suspected violation. SEC. 25. The sealer and his duly authorized deputy shall have full power to enter any premises in or on which any weights, measures, balances or measuring devices may be located or used for the purpose of trade, or any premises in or on which any commodities or articles of merchandise are put up into packages or containers for the purposes of trade, for the purpose of inspecting, adjusting, sealing, condeming or marking such weights, measures, balances or measuring devices and such packages or containers. SEC. 26. It shall be unlawful for any person to hinder, Unlawful to obstruct or in any way interfere with the sealer or his duly authorized deputy while in the performance of said inspection, and it shall be unlawful for any person to fail to produce upon demand by the sealer or his deputy all weights, measures, balances or measuring devices and all packages or containers of commodities or articles of merchandise, in or upon his place of business or in his possession, for use in manufacture or trade. Any such person so violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one hundred dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment, Sealer must test before condeming weights, etc. Neglect of duty by sealer or deputies. how punished Sealer to SEC. 27. If the sealer or any one of his deputies shall seal any weight, measure, balance or measuring device before first testing and making the same conform to the authorized standard or if he shall condemn or take charge of any weight, measure, balance or measuring device without first testing the same, the one so doing shall be deemed guilty of a misdemeanor and upon conviction thereof in a court of competent jurisdiction shall be subject to a fine of not less than five dollars nor more than one hundred dollars. SEC. 28. If the sealer or any of his deputies neglects to keep the standards under his charge in good order or repair, or suffers any of them through his neglect to be lost, damaged or destroyed, or fails to perform any of the duties imposed upon him by this act, the one so doing shall be deemed guilty of a misdemeanor and upon conviction thereof, in a court of competent jurisdiction, shall be subject to a fine of not less than ten dollars nor more than two hundred dollars. SEC. 29. The sealer shall keep a record of all the weights, measures, balances or other measuring devices sealed, and of all keep record convictions had and confiscations made under this act and shall make an annual report to the governor on or before January first of each year, a copy of which shall be filed with the National Bureau of Standards. He shall issue from time to time regulations for the guidance of his deputies and the said regulations shall govern the procedure to be followed by the aforesaid deputies in the discharge of their duties. defined SEC. 30. The terms "package" and "container" as used in Terms this act shall include any carton, box, barrel, bag, keg, drum, bundle, jar, jug, crock, demijohn, bottle, crate, basket, hamper, pail, can, parcel, package or paper wrapper. defined SEC. 31. The term "person" as used in this act shall be Person construed to impart both singular and plural as the case demands and shall include corporation, company, society and association. When construing and enforcing the provisions of this act omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall in every case be also deemed omission or failure of such corporation, company, society or association, as well as that of the person. tion SEC. 32. The sum of four thousand dollars ($4,000) is Appropriahereby appropriated out of any money in the state treasury, not otherwise appropriated, for the compensation of sealer, deputy or deputies, office supplies and for apparatus necessary to carry out the provisions of this act. The state controller is hereby authorized to draw his warrants for the sum herein appropriated in favor of the Nevada Agricultural Experiment Station, and the state treasurer is hereby directed to pay the same. SEC. 33. This act shall take effect immediately upon its In effect approval. SEC. 34. All acts and parts of acts in conflict with or incon- Repeal sistent with this act are hereby repealed. CHAP. 44-An act granting to the Tonopah Sewer and Drainage Company the right, privilege and franchise to supply and furnish to the town of Tonopah and additions to said town sewage and sewer service, and to charge rentals therefor; and ratifying and confirming with certain amendments a certain grant of sewer franchise made to the Tonopah Sewer and Drainage Company on the first day of May, 1905, by the board of county commissioners of Nye County, and other matters relating thereto. [Approved March 10, 1911] WHEREAS, The board of county commissioners of Nye Preamble County, State of Nevada, did on the first day of May, 1905, duly authorize, enter into, and execute a certain contract and grant in words and figures as follows, to wit: Know All Men by These Present: That we, the undersigned county commissioners of Nye County, Nevada, hereby grant Preamble unto F. S. Lack of Tonopah, Nye County, Nevada, and to his assigns, successors, executors, and administrators the following rights, privileges, franchises and charters: Of laying down, continuing, and maintaining sewer pipes and all apparatus and appliances for the construction of a sewerage system in, upon, along and through all the streets, avenues, alleys and public places now in the town of Tonopah, or which may hereafter be laid out or dedicated, subject to the following conditions: If the said F. S. Lack, his successors, assigns, executors or administrators shall open or cause to be opened any street, avenue, alley, or other public place for the laying of any pipe, manhole, or other apparatus or appliance, he shall forthwith restore the same to as good condition as the same was before such opening, at his own expense. The said F. S. Lack shall permit connections to be made with said sewerage system by parties desiring the same for the premises abutting on the streets, avenues or alleys in which he may have a pipe laid, upon application of the owners of the premises, under such reasonable rules as the said F. S. Lack shall prescribe. The said F. S. Lack or his assigns is hereby granted the right to charge such persons as may connect their premises with the said sewer system the following monthly rates payable at the office of said F. S. Lack monthly, in advance, on the first day of each month: per month. Rooming-houses, one to ten rooms, 75 cents per room Schoolhouses and public buildings, free use given. Soap factory. Store 5.00 5.00 .10.00 2.00 5.00 .10.00 10.00 5.00 If payment thereof be made in advance for one party pay- Preamble ing said rental in advance to receive a discount of ten per cent on the rate charged. The right and privileges herein granted are for a period of fifty years from and after the passage of this franchise. At any time after the expiration of ten years from and after the passage and granting of this franchise, in case the town shall elect to do so, the said sewerage system may be purchased by said town, and in case the parties cannot agree on a price to be paid for the same, after such election to purchase, its cash value shall be determined by arbitration by five disinterested persons, none of whom shall be residents of the town of Tonopah, two of them to be chosen by the town, two by the said F. S. Lack or his successors or assigns, and the fifth by the four so chosen; and the decision of the majority of said board shall be binding and final, and upon the payment by the said town of the amount awarded or agreed upon, the said F. S. Lack or his successors or assigns shall convey to said town all the said sewerage system, together with all easements, rights of way and privileges appertaining thereto. The town of Tonopah shall have the right to connect with and use the sewerage system for its public buildings free of charge, but under the same regulations as are required from private users. That said users of said sewerage system shall not be permitted to connect with said sewerage system until a proper grease trap is constructed upon the premises through which all water containing grease or oil shall be discharged before entering said sewer, and the said F. S. Lack or his successors or assigns shall have the privilege of inspecting such premises before and after connection is permitted with the said sewerage system. Upon the failure of the owner of any premises to pay the rate as herein specified the said Lack or his successors or assigns may disconnect the said premises from the said sewerage system. The county commissioners of the county of Nye shall pass such resolutions and ordinances from time to time as are necessary to protect said Lack or his successors or assigns against any person using said sewerage system without the consent of the said Lack. All pipes and other apparatus composing said sewerage system shall be and remain the sole and absolute property of said Lack and his assigns or successors until the same shall be purchased as hereinbefore provided, and the said Lack his successors or assigns shall forever be considered and entitled to be in the possession thereof, except in the case of purchase by the said town. The said F. S. Lack or his assigns shall complete at least Preamble Contract confirmed two miles of said sewerage system within six months after the granting of this franchise. W. T. CUDDY, EUGENE LOCKE, WHEREAS, The Tonopah Sewer and Drainage Company, a The People of the State of Nevada, represented in Senate and SECTION 1. That said contract and grant herein before set forth and the action of the board of county commissioners of said Nye County in authorizing, entering into, and executing the same are hereby ratified, sanctioned, approved, confirmed and declared valid; and the said Tonopah Sewer and Drainage Company is hereby granted the right, privilege, and franchise to supply and furnish the town of Tonopah, Nye County, Nevada, sewage and a sewer system and to conduct the same therein, according to the terms of said franchise and grant, and to any and all additions that may be made to said town, and to charge rental therefor according to the terms of said franchise; and to excavate for, install and maintain all such mains, laterals, pipes, connections and manholes, and other appliances and apparatus as may be necessary, along any and all streets, public highways, avenues, and alleys of said town; which said privileges, rights and franchise shall be held and enjoyed and exercised in the said town of Tonopah subject to, in accordance with, and for the length of time prescribed by the terms, covenants, provisions, agreement and conditions of said grant and franchise; provided, that charges for and character of services rendered by said Tonopah Sewer and Drainage Company, its successors and assigns, shall always be subject to regulation and control by any public service commission or similar body in the State of Nevada invested with power to regulate and control charges and service of public utilities, and no court shall be deemed to be deprived of any powers or jurisdiction now existing with respect to rates. |