Refusal to Proviso. or fronting on another street, then, and in such case, no license issue license. shall issue to carry on any of said games in any room on or in either of said first floors or stories of such building; provided, that in any county in which, at the general election next preceding the time of application, were polled less than fifteen hundred votes, or in any county created after said general election, the licensee shall be entitled to carry on his game in any back room of the first or ground floor of any building; and Misdemeanor if any person carrying on any of said games shall knowingly under age of permit to enter or remain in any licensed room, any person twenty-one. under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties for violation of its provisions as are prescribed in section one of this Act. for person Penalty. Licensed games cannot be suppressed Who compe tent as witnesses. 1264. SEC. 8. No town, city, or municipal corporation in this state shall hereafter have power to prohibit, suppress, or regulate any gaming house or game licensed as provided by this Act. 1265. SEC. 9. No person otherwise competent as a witness shall be disqualified or excused from testifying as such, either before a grand or petit jury, or any court, to any facts Not excusa concerning the offenses mentioned in the foregoing sections of this Act, on the ground that his testimony may criminate himself. ble from testifying. Fee of Thieving games prohibited; penalty. Hogging games. Charge of offense and penalty. Act takes effect. Repeal. 1266. SEC. 10. The District Attorney of the county shall receive two hundred and fifty dollars for each conviction of any person charged with the commission of any of the offenses mentioned in this Act, which sum shall be taxed as costs in the action; but in no case shall such costs be a charge against the county. 1267. SEC. 11. Any person or persons taking out license to deal any of the games mentioned in section one of this Act, or any proprietor of any building in which any of said games are dealt, who shall knowingly or otherwise deal or allow to be dealt any cheating or thieving game, or games known as hogging games," shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties for violation of its provisions as are prescribed in section one of this Act. 1268. SEC. 12. This Act shall take effect and be in force on and after the first day of April, eighteen hundred and seventy-nine. All Acts and parts of Acts in relation to this Act are hereby repealed. Scott v. Courtney, 7 Nev. 419. An Act providing for the licensing of traveling merchants, and merchants doing business through soliciting agents, commonly known as drummers. Approved February 23, 1885, 36. pay license. specified. 1269. SECTION 1. Every merchant or firm represented by Traveling a soliciting agent or drummer, and every traveling merchant, merchants to or other person selling, or offering to sell, any goods, wares or merchandise, to be delivered at some future time in this state, or carrying samples and selling, or offering to sell, goods, wares or merchandise of any kind similar to said samples, to be delivered at some future time in this state, shall, before commencing the transaction of any such business, pay an annual state license to the State Controller as follows, to-wit: For wines, spirituous Amounts and malt liquors, or either, two hundred dollars per annum ; for boots and shoes, or either, one hundred and seventy-five dollars per annum; for tobacco and cigars, or either, one hundred and fifty dollars per annum; for groceries and provisions, or either, one hundred dollars per annum ; for crockery, queensware and glassware, or either, one hundred dollars per annum; for dry goods, one hundred dollars per annum; for clothing and furnishing goods, or either, one hundred dollars per annum; for the product of any woolen factory, one hundred dollars per annum; for drugs, medicines and chemicals, or either, one hundred dollars per annun; for jewelry, one hundred dollars per annum; for hardware, machinery, powder, fuse and articles usually kept in stock with hardware, or either, one hundred dollars per annum; for any class of goods, wares Classification or merchandise, not in this section heretofore enumerated, seventy-five dollars per annum ; provided, that when any such merchant or firm, traveling merchant or other person, shall deal in more than one of the classes of goods, wares or merchandise enumerated in this section, but one license shall be required, but an amount in addition to the amount required for goods, wares or merchandise of the highest class sold by such merchant or firm, traveling merchant, or other person, shall be paid to the State Controller, as follows, to-wit: For tobacco and cigars, or either, fifty dollars per annum; for boots and shoes, or either, fifty dollars per annum ; for each of the lower classes, twenty-five dollars per annum. On payment to the State Controller of any of the sums named in this section, by any merchant or firm, traveling merchant, or other person, desiring to do business under the provisions of this Act, the State Controller shall issue a license authorizing such merchant, or firm, traveling merchant, or other person, through the bearer of the license, to transact the business specified for the period of one year from the date thereof, and no other license shall be required for the transaction of said business for the time covered by said license. 1270. of goods. SEC. 2. All moneys received for the licenses pro- Moneys to go vided for in this Act shall be paid into the general fund of the state. to the General Fund. Sec. 1271. Reward for officer making the arrest. Contracts void. Controller to furnish list of licensed firms. Officer neglecting duty. how punished. 1271. SEC. 3. Any traveling merchant, soliciting agent or drummer, or other person, who shall sell, or attempt to sell, by samples or otherwise, any goods, wares or merchandise of any kind, to be delivered at some future time in this state, without the authority of a license, as provided for in section one of this Act, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine in any sum not less than fifty dollars nor more than five hundred dollars, or imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment; and it is hereby made the duty of every Justice of the Peace, Constable, Sheriff and all other peace officers to demand the production of the license required in this Act of any such traveling merchant, soliciting agent, or drummer or other person, and if such person shall be found not to have such license, he shall be punished as in this Act provided. It shall be the duty of the State Controller, 1272. SEC. 4. on conviction of any person for transacting business in violation of this Act, when such conviction is properly certified to him, to draw his warrant for the sum of twenty-five dollars in favor of the officer making the arrest and securing the conviction, on any appropriation that may be made by the legislature for enforcing the collection of revenue, and it shall be the duty of the State Treasurer to pay the same. 1273. SEC. 5. All sales, or contracts for the sale of goods, wares or merchandise to be delivered at some future time in this state, made by any traveling merchant, soliciting agent or drummer or other person, without the authority of a license, as provided in this Act, is hereby prohibited and shall be illegal and void, and no action shall be maintained in any court in this state to enforce the same. It shall be the duty of the State Controller, 1274. SEC. 6. on or before the tenth day of each month, to prepare and transmit to the several Sheriffs of this state a list of all persons or firms who have taken out the licenses as provided for in this Act, giving the date on which each license will expire. 1275. SEC. 7. Any officer who neglects or refuses to perform any duty imposed upon him by this Act, shall be guilty of a misdemeanor, and on conviction thereof before a court of competent jurisdiction, shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment; and it is hereby made the duty of all grand juries to inquire into and make presentments of each Grand Juries. and every offense under this section which shall come under or within their knowledge; and it shall be and is hereby made the duty of all Judges in this state to give this section in charge to the grand juries at each term of their respective courts, and also to all trial juries impaneled for the trial of the offense mentioned in this section.--As amended, Stats. 1885, 69. Duties of Repeal. 1276. SEC. 8. An Act providing for the licensing of trav eling merchants or soliciting agents, commonly known as drummers, approved March twelfth, eighteen hundred and eighty-three, and all other Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. An Act authorizing the taxation of dogs. Approved March 7, 1885, 77. 1277. SECTION 1. Every person or persons owning or hav- Dogs to be ing under their charge or control any dog or dogs shall pay taxed. annually a tax on each dog the sum of one dollar. collecting tax 1278. SEC. 2. The manner of assessing and collecting Assessing and the tax imposed by section one of this Act shall be the same as provided by law for assessing and collecting the taxes on personal property, and the tax collected shall be paid into the general fund. An Act in relation to fines. Approved January 28, 1867, 44. paid into the Judgment costs. 1279. SECTION 1. All fines imposed and collected under Fines to be and for violation of any penal law of this state, shall be paid State Treasinto the state treasury, as other state revenues are, and shall be ury. applied to educational purposes. A judgment that the defend- may include ant in a criminal case pay a fine may also include as part of such fees and judgment the fees or costs allowed by law to Justices of the Amount of Peace, Recorders, Clerks, peace officers, and District Attorneys, fine and costs The amount of fine and of costs shall be separately stated in rately stated the judgment, and the court shall by such judgment direct that if the judgment or any part thereof is not paid, the defendant be impris be imprisoned one day for each two dollars of the judgment not paid.-As amended, Stats. 1869, 96. Ex parte Sweeney, 18 Nev. 74. to be sepa in judgment. Defendant to oned. An Act to provide for the publication of the names of taxpayers, and the total valuations upon which said taxpayers pay taxes, appearing in the assessment rolls in the respective counties of the State of Nevada. 1280. Approved March 5, 1885, 62. SECTION 1. It shall be the duty of the Assessor in each of the respective counties of this state, on or before the 25 Assessor to prepare printed lists second Monday in September in each year, to prepare a printed list of all the taxpayers in the county, and the total yaluation of of taxpayers. property on which they severally pay taxes. A copy of said list shall be by the said Assessor delivered in person or mailed to distributed. each and every taxpayer in the county; provided, that the cost. of printing the aforesaid list shall not exceed twenty cents for each.name for as many copies as there are names on the list. How Bills to be allowed. 1281. SEC. 2. The several Boards of County Commissioners in this state are authorized and empowered to allow the bill contracted by the Assessor under this Act, and the several County Auditors are authorized to draw their warrants in payment for the same. CHAPTER X. PUBLIC SCHOOLS. School Fund. SECTION. 1282. General Act for maintenance and supervision of public schools 1317. Supplemental to preceding. 1350. Same. 1363. State Superintendent to draw percentage allowed by United States. 1365. Safe keeping of securities of the state school fund. 1369. Compelling children to attend school. An Act to provide for the maintenance and supervision of public schools. Approved March 20, 1865, 413. 1282. SECTION 1. The principal of all moneys accruing to this state from sale of lands heretofore given or bequeathed, or that may hereafter be given or bequeathed for public school purposes, all fines collected under the penal laws of the state, two per cent. of the gross proceeds of all toll roads and bridges, and all estates that may escheat to the state, shall be, and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses, but shall constitute an irreducible and indivisible fund, to be known as the state school fund, the interest accruing from which shall be divided semi-annually among all the counties in this state entitled, by the provisions of this Act, to receive the same, in proportion to the ascertained number of persons between the ages of six and eighteen years in said counties, for the support of public schools.-As amended, Stats. 1867, 89. |