BONDS AND UNDERTAKINGS An Act to facilitate the giving of bonds and undertakings in certain cases and prescribing conditions upon which surety companies may become liable thereon in this state; fixing penalties for the violation thereof, repealing conflicting acts, and other matters relating thereto. Approved March 26. 1909, 315 695. Surety company may act as sole surety on bonds of public officers and in court proceedings. 696. Surety company must appoint controller its attorney. 697. Certificate from secretary of state. 698. Justification-Liabilities-Certificate to be evidence. 699. Expense of procuring surety may be allowed. 700. Company estopped, when. 701. Certificate of secretary of state necessary. 695. Surety company may act as sole surety on bonds of public officers and in court proceedings. SECTION 1. Any company incorporated and organized under the laws of any state of the United States for the purpose of transacting business as surety on obligations of persons, and which has complied with the provisions of this act, may be accepted as sole surety upon the bond or undertaking of any person or corporation in any civil or criminal action or proceeding in any court of this state, or upon the bond of any state, county or township officer required by the laws of this state to execute a bond or undertaking, for any amount not exceeding ten per centum of the capital and surplus (after excluding all debts, liabilities and property exempt from execution) of such surety company; and such surety company may be released from its liabilities on the same terms and conditions as are by law prescribed for the release of individuals, it being the true intent and meaning of this act to enable corporations created for that purpose to become surety on bonds required, subject to all rights and liabilities of private persons. 696. Surety company must appoint controller its attorney. SEC. 2. No surety company shall directly or indirectly take risks or transact business in this state until it shall first have appointed the state controller of this state to be the true and lawful attorney of such corporation, in and for this state, upon whom all lawful process may be served with the same effect as if the company existed in this state; such power of attorney shall stipulate and agree on the part of the company that any lawful process against the company, which is served on such attorney, shall be of the same legal force and validity as if served on the company, and that the authority shall continue in force so long as any liability shall remain outstanding in this state. A certificate of such appointment shall be filed in the office of the secretary of state, and copies thereof certified by him shall be received in evidence in all the courts of this state. Service of process in actions and proceedings on such attorney shall be deemed service upon the principal, but such principal shall be allowed forty days thereafter within which to appear and plead in all such actions and proceedings. Whenever any process against a surety company shall be served upon the state controller, he shall forthwith forward a copy of the process served upon him, by registered mail, post-paid, to the secretary of the company. For each copy of the process so served the controller shall collect and pay over to the secretary of state the sum of three dollars, which shall be paid by the plaintiff at the time of service, and which may be recovered by him as a part of the taxable costs if he prevail in the action; nor shall any surety company not incorporated under the laws of this state and not heretofore qualified to do business in this state pursuant to existing laws, directly or indirectly take risks or transact business in this state, unless it shall file with the secretary of state a certified copy of its articles of incorporation, or its charter, or of the statute, or legislative, executive, or governmental act or other instrument or authority by which it was created, and pay the fees therefor, as otherwise required by law. [Sec. 3, repealed by act of 1911, p. 21.] 697. Certificate from secretary of state. SEC. 4. Any surety company qualified by this act to transact business in this state may, at any time, apply to the secretary of state, and, upon the payment of a fee of two dollars therefor, obtain a certificate which shall state the name of such company, the state under which it is incorporated or exists, and that such company has fully qualified under the provisions hereof to assume risks and become surety on all bonds and undertakings mentioned in section 1 hereof, stating also the date such company qualified as aforesaid; provided, that from and after six months from the date of issuance, said certificate shall be and become null and void and of no effect. 698. Justification-Liabilities-Certificate to be evidence. SEC. 5. The certificate or any duplicate certificate issued by the secretary of state in accordance with the provisions of this act shall be prima facie evidence in all the courts of this state of all matters herein stated; provided, such certificate be not more than six months issued. Any printed copy of a circular issued by the treasury department of the United States known as form No. 356, stating the amount of the capital and surplus of any such surety company, and not more than six months old as appears from the date of issuance thereof, shall be prima facie evidence of the amount of such capital and surplus and of the amount to which such company is entitled to be received as sole surety on any bond in this state, and shall, if accompanied with the certificate of the secretary of state herein mentioned, be a complete justification for any amount not exceeding ten per centum of such capital and surplus, whenever any such company shall be required to justify on any bond or undertaking; provided, that the party requiring such justification may produce competent evidence to show that such surety company is not worth such sum over and above all its just debts and liabilities exclusive of property exempt from execution; provided, further, that bonds and undertakings on which such company may have become surety shall not be considered as debts or liabilities unless the obligation thereon shall have accrued and the obligee shall have demanded payment from such company. 699. Expense of procuring surety may be allowed. SEC. 6. Any court or officer whose duty it is to pass upon or approve the account or cost bill of any person or corporation required by law to give a bond or undertaking in any action or proceeding in any court, may, whenever such person or corporation has given any duly qualified surety company as surety on such bond or undertaking, allow in the settlement of such account or cost bill a reasonable amount for the expense of procuring such surety; provided, that this section shall not apply to any state, county or municipal officer required by law to give a bond, except as may be otherwise authorized by law. 700. Company estopped, when. SEC. 7. Any company executing any bond or undertaking as surety thereon under the provisions hereof shall, in proceedings to enforce any liability which it may have assumed, be estopped from denying its corporate power to execute such instrument or to assume such liability. 701. Certificate of secretary of state necessary. SEC. 8. No court or officer having authority so to do shall approve any surety bond or undertaking given by any surety company as surety thereon, unless the person offering the same or some one in his behalf shall exhibit the certificate of the secretary of state showing that such company has duly qualified under this act to become such surety, which certificate shall have been issued within the six months immediately preceding such application. [Sec. 9, repealed by act of 1911, p. 21.] BOUNTIES Act to encourage artesian wells, approved March 6, 1879, sections 702–706. Act to encourage the sinking of artesian wells, and an act of similar title, approved March 5, 1887, sections 707-711. Act to provide bounty for boring wells for oil, natural gas and artesian water, approved March 19, 1901, sections 712–717. For act approved March 24, 1905, relating to boring of wells in southern Nevada by the county commissioners of Esmeralda, Nye, Lincoln, Eureka, Lander, and White Pine counties. see Statutes 1905, p. 257. Act to provide for the destruction of noxious animals, approved February 3, 1887, sections 718-722. Act to provide for the destruction of noxious animals, approved March 13, 1891, sections 723-727. ARTESIAN, OIL AND NATURAL GAS WELLS An Act to encourage the sinking of artesian wells. 702. Bounty for sinking. 703. Statement to be filed. Approved March 6, 1879, 86 705. Warrant for bounty, how obtained and paid. 704. Examination of well-Expense of exam- 706. Certain persons entitled to benefit. ination. 702. Bounty for sinking. SECTION 1. Every person, firm, company, corporation or association that shall from and after the passage of this act, commence the sinking of artesian wells, within this state, shall be entitled for sinking said artesian well, after the first five hundred feet shall have been sunk, the sum of two dollars per foot, to be paid in the manner provided for in section 4 of this act. SEC. 2. Every person, firm, company, corporation or association that proposes taking the benefit of this act shall, prior to reaching the five hundred feet depth mentioned in section 1, file with the county recorder of the county in which said well is situated a sworn statement, setting forth (if on surveyed land) the range, township, section and subdivision of section, and if on unsurveyed lands, then the statement shall contain such description as will enable the commissioner, hereinafter provided for, to ascertain its locality. 704. Examination of well-Expense. SEC. 3. Whenever any person, firm, company, corporation or association shall report to the board of county commissioners the completion or sinking of a well, at a greater depth than five hundred feet, and demand the bounty provided for in this act, the said board of county commissioners shall authorize and instruct their chairman, or a member of their body, or some other suitable person, to proceed to said well, measure, and report under oath its depth to said board; provided, that the expense of said measurement, includ ing report and traveling fees, to and from said well, shall not exceed the sum of twenty-five dollars, which amount shall be paid by the party making demand for bounty. 705. Warrant for bounty, how obtained and paid. SEC. 4. If, upon measurement, the board of county commissioners find said well to exceed in depth five hundred feet, they shall allow, audit and instruct the county auditor to draw his warrant on the general fund of the county, in favor of such person, firm, company, corporation or association, for the sum of two dollars per foot, for each and every foot sunk, after the first five hundred feet; provided, said well or wells shall flow water to be used for mining, manufacture, agriculture and domestic purposes. 706. Certain persons entitled to benefit. SEC. 5. Every person, firm, company, corporation or association, that shall have, prior to the passage of this act, commenced to sink an artesian well, or wells, and shall have reached the depth of three hundred feet or more, shall be entitled to receive the benefit of the provisions of this act for each and every foot sunk thereafter; provided, after the completion of said well or wells, they shall flow water as provided in section 4 of this act. An Act to encourage the sinking of artesian wells. Approved March 5, 1887, 119 707. Bounty for sinking-Additional bounty. 709. Commissioners shall authorize examina708. Statement to be filed with county recorder. tion of well. 710. Clerk shall issue certificate. 707. Bounty for sinking-Additional bounty. SECTION 1. Every person, firm, company, corporation or association that shall, after the passage of this act, commence the sinking of artesian wells, for stock or agricultural purposes, shall be entitled for sinking such artesian well, where flowing water is obtained, the following specific sums: For the first two hundred feet, one dollar and twenty-five cents per foot; for the third one hundred feet, one dollar and fifty cents per foot; for the fourth one hundred feet, two dollars per foot; for the fifth one hundred feet, two dollars and twenty-five cents per foot; for the sixth one hundred feet, two dollars and fifty cents per foot; for the seventh one hundred feet, three dollars per foot; for the eighth one hundred feet, three dollars and fifty cents per foot; for the ninth one hundred feet, four dollars per foot; for the tenth one hundred feet, four dollars and fifty cents per foot; for all depths exceeding one thousand feet, five dollars per foot for each and every foot below the said one thousand feet. And an additional bounty of one thousand dollars for every well sunk to the depth of one thousand feet or more; provided, that such well shall furnish twenty thousand gallons of water each twentyfour hours, flowing continuously for thirty days, said sums to be paid in the manner provided for in sections 4 and 5 of this act; provided, that no bounty shall be paid on any well which does not furnish seven thousand gallons of water in each twenty-four hours, flowing continuously for thirty days; and, provided further, that no two wells shall receive a bounty if located within the same county. Where two or more wells within the prescribed limit apply for a bounty, the well which first furnished the amount of water required by this act shall be entitled to the bounty allowed by this act. As amended, Stats. 1889, 84. In regard to the amendment by Stats. 1889. P. 84 of this section, held that the effect of renacting this section with amendments incorporated therein was not to repeal and reenact it, but that it continued uninterruptedly In force, and that the amendatory act was to be construed in connection with it, so that where a well was sunk and a bounty granted for it under the original act, another bounty would not be granted under the amendatory act for a well sunk within the prescribed limit. The purpose of the legislature in providing for the payment of bounties by the state for sinking artesian wells was to encourage experiments in places where it was uncertain whether water could be obtained, and it did not contemplate the payment of bounties for wells sunk in places where it had been practically demonstrated by bounties paid by the state that artesian water could be obtained. State ex rel. Blossom v. Horton, 21 Nev. 300–307 (30 P. 876). 708. Statement to be filed with county recorder. SEC. 2. Every person, firm, company, corporation or association that proposes taking the benefit of this act, shall, before commencing to sink such artesian well, file with the county recorder of the county in which said well is situated, a sworn statement setting forth (if on surveyed land) the range, township, section and subdivision of section, and if on unsurveyed land, then the statement shall contain such description as will enable the commissioner herein provided for to ascertain its locality. 709. Commissioners shall authorize. SEC. 3. Whenever any person, firm, company, corporation or association shall report to the board of county commissioners the completion of an artesian well, and demand the bounty provided for in this act, the said board of county commissioners shall authorize and instruct their chairman or a member of their body to proceed to said well and measure its depth and diameter, and the amount of water flowing therefrom, and report said facts, under oath, to the said board of county commissioners; provided, that the expenses of said measurements, including report and traveling fees, shall not exceed twenty-five dollars, which amount shall be paid by the party making demand for such bounty. 710. Clerk shall issue certificate. SEC. 4. The board of county commissioners shall, when such report is received, showing the depth, diameter, and the quantity of water flowing from such well, cause the clerk of said board to issue, under his official seal, to the person, firm, company, corporation or association applying for the bounty herein provided for, a certificate setting forth the depth, diameter and the quantity of water flowing from such well, upon which a bounty is demanded. 711. Controller shall draw warrant. SEC. 5. The state controller shall, upon receipt of said certificate, as provided for in section 4 of this act, draw his warrant in favor of the person, firm, company, corporation or association named therein, for the amount due, and the state treasurer is hereby directed to pay the same. [Sec. 6, making appropriation, omitted.] An Act to provide for the payment of a bounty to encourage the boring of wells in searching for oil, natural gas and artesian water in the State of Nevada. Approved March 19, 1901, 86 712. Bounty for petroleum, natural gas, arte sian water. 713. Application for bounty, how filed. 714. State to be reimbursed, when. 715. Action on failure to reimburse. 712. Bounty for petroleum, natural gas, artesian water. SECTION 1. Any person who first produces five barrels of crude petroleum that is the natural product of the State of Nevada shall receive as a bounty from the state the sum of one thousand ($1,000) dollars. The person who first discovers natural gas in the State of Nevada to the extent of no less |