Negligent Coowners may be

pay share of expenses

legal duties necessary in connection with their work without any further compensation than their salaries fixed by law.

SEC. 79. In all cases where ditches are owned by two or more persons, and one or more of such persons shall fail or neglect to do a proportionate share of the work necessary for compelled to the proper maintenance and operation of such ditch or ditches, or to construct suitable head-gates, or other devices at the point where water is diverted from the main ditch, such owner or owners desiring the performance of such work, may, after giving ten days' written notice to such other owner or owners who have failed to perform such proportionate share of the work necessary for the operation and maintenance of said ditch or ditches, perform such share of the work, and recover therefor from such person or persons in default, the reasonable expense of such work.

expenses to

constitute

valid lien against

property of delinquent

SEC. 80. Upon the failure of any coowner to pay his proStatement of portionate share of such expense, as mentioned in the preceding section, within thirty days after receiving a statement of the same as performed by his coowner or owners, such person or persons so performing such labor may secure payment of said claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor so performed, with the county clerk of the county wherein said ditch is situated, and when so filed it shall constitute a valid lien against the interest of such person or persons in default, which said lien may be established and enforced in the same manner as provided by law for the enforcement of mechanics' liens.

Unauthor

ized use or wilful waste of water prima facie evidence of guilt

unlawful

SEC. 81. The unauthorized use of water to which another person it entitled, or the wilful waste of water to the detriment of another, shall be a misdemeanor, and the possession cr use of such water without legal right, shall be prima facie evidence of the guilt of the person using or diverting it.

SEC. 82. Whenever any appropriator of water has the Obstruction lawful right of way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction that shall interfere with the use of his works, or prevent convenient access thereto. Any violation of the provisions of this section shall be a misdemeanor.

Misdemeanor to

provisions

SEC. 83. All violations of the provisions of this act declared herein to be a misdemeanor, shall be punished by a fine not

violate these exceeding two hundred and fifty dollars ($250), and not less than ten dollars ($10), or by imprisonment in the county jail not exceeding six months, or by both such fine and imprison

impaired

ment.

SEC. 84. Nothing in this act contained shall impair the Vested rights Vested right of any person to the use of water, nor shall the to water not right of any person to take and use water be impaired or affected by any of the provisions of this act where appropriations have been initiated in accordance with law prior to the approval of this act. Any and all appropriations based upon

applications and permits now on file in the state engineer's office, shall be perfected in accordance with the laws in force at the time of their filing.

use of water

SEC. 85. To bring about a more economical use of the Rotation in available water supply, it shall be lawful for water users owning lands to which water is appurtenant, to rotate in the use of the supply to which they may be collectively entitled; or a single water user, having lands to which water rights of a different priority attach, may in like manner rotate in use, when such rotation can be made without injury to lands enjoying an earlier priority, to the end that each user may have an irrigation head of at least two (2) cubic feet per second.

engineer to

SEC. 86. The state engineer is hereby empowered to make State such reasonable rules and regulations as may be necessary for make rule the proper and orderly execution of the powers conferred by this act.

of this law

independent

SEC. 87. Each section of this act and every part of each Each section section is hereby declared to be independent sections, and declared parts of sections, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or any part thereof.

conflicting

SEC. 88. All acts designated in the following schedule, Repeal of and all other acts and parts of acts in conflict herewith shall acts stand repealed from and after the time when this act goes into effect.

SCHEDULE

repealed

An act to provide for the appropriation, distribution and Specific acts use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907.

An act amendatory of a certain act entitled "An act to provide for the appropriation, distribution and use of water, and to define and preserve existing rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners, and defining their duties," approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for, the state engineer's office, and other matters relating thereto, approved February 20, 1909.

retroactive

The repeal of a law by this act shall not affect any appli- This law not cation for permit made to, or permit granted by the state engineer to appropriate the public water when any such instrument was filed or approved before the repeal takes effect, and any action or proceeding heretofore commenced

Appropriation, $30,000

In effect

For cleaning

legislative halls after

session, $50

Duties of controller

and

treasurer

Appropria

or initiated under any law repealed by this act, shall be completed in accordance with the provisions of the law in force at the time of such filing and approval.

SEC. 89. The sum of thirty thousand dollars ($30,000) is hereby appropriated out of the general fund in the state treasury to carry out the provisions of this act.

SEC. 90. This act shall take its effect from and after its passage and approval.

CHAP. 141—An Act appropriating fifty dollars out of the legislative fund of the twenty-sixth session of the Nevada legislature, to be paid to M. Farrell, porter of the senate, and Richard Savage, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-sixth session.

[Approved March 22, 1913]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of fifty dollars is hereby appropriated out of the legislative fund of the twenty-sixth session of the Nevada legislature, of which twenty-five dollars is to be paid to M. Farrell, porter of the senate, and twenty-five dollars to be paid to Richard Savage, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-sixth session.

SEC. 2. The state controller is hereby directed to draw his warrant in favor of the persons above named for the amounts specified in this act, only upon the certificate of the secretary of state that the legislative chambers have been cleaned and put in order, and the state treasurer is hereby directed to pay the same.

CHAP. 142-An Act to appropriate certain moneys for the purpose of assisting to defray the expenses of holding the department encampment of California and Nevada of the Grand Army of the Republic, in the summer of 1913, in this state, and other matters relating thereto.

[Approved March 22, 1913]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of twenty-five hundred dollars ($2,500) for the purpose of encampment assisting to defray the expenses of holding the department

tion, $2,500

G. A. R.

in Reno

encampment of California and Nevada of the Grand Army of the Republic, in the summer of 1913, at Reno, Nevada, to be

expended through the quartermaster of O. M. Mitchell Post No. 69 of the Grand Army of the Republic.

approval by

SEC. 2. The expenses aforesaid shall only be paid upon Paid after warrants therefor drawn by the state controller upon the state O. M. Mitchell treasurer, after claims, supported by proper vouchers rep- post resenting the same, have first been approved by said quartermaster, and allowed and approved by the military auditors of this state, consisting of the governor, state controller and the adjutant-general. After said claims have been so allowed and approved, the state controller shall draw warrants for the same upon the state treasurer and the last-named officer shall pay the amounts specified in the warrants.

SEC. 3. This act shall take effect from and after its passage and approval.

CHAP. 143-An Act to regulate the fees of the county clerk of Elko County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

[Approved March 22, 1913]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

and court

SECTION 1. The county clerk of Elko county, State of County clerk Nevada, as county clerk and ex officio clerk of the district fees in Elko court of the Fourth judicial district of the State of Nevada, county in and for Elko County, shall, from and after the passage of this act, charge and collect the following fees:

On the commencement of any action or proceeding in the Fees district court, except probate proceedings, or on an appeal enumerated thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, seven dollars; said fee to be in addition to the court fee now provided for by law;

On the filing of a petition for letters testamentary, or of administration, or guardianship, eight dollars and fifty cents, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be paid in addition to the court fee now provided for by law;

On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner;

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars;

For every additional defendant, appearing separately, two dollars and fifty cents;

The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll;

Fees enumerated

On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with said motion, two dollars and fifty cents;

For issuing an execution or order of sale, in any action, one dollar;

For filing a notice of appeal, and appeal bonds, each, fifty cents;

In all proceedings begun, or for acts performed, previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or act performed.

The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

For any copy of any record, proceeding or paper on file in the office of the clerk, relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, fifteen cents.

For filing each claim, in probate or insolvency proceedings, to be paid for by the party filing such claim, fifteen cents.

No fee shall be charged by the clerk for any services rendered in any criminal case.

For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

For issuing marriage licenses, one-half to be paid to the county recorder, two dollars;

For filing, indexing, and recording articles of incorporation, ten dollars;

For filing, indexing, and registering certificates of copartnership, one dollar;

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each, twentyfive cents;

For issuing any license required by law, other than marriage license, one dollar;

For examining and certifying to a copy of any paper, record or proceeding, prepared by another, and presented for his certificate, fifty cents; and two cents per folio, for comparing said copy with the original.

For making satisfaction of or credit on judgment, twentyfive cents.

For administering each oath, without certificates, except in a pending action or proceeding, twenty-five cents;

For taking any affidavit, except in criminal cases, twentyfive cents;

For searching records or files in his office, for each year (but not to charge suitors or attorneys), fifty cents;

For taking acknowledgment of any deed, or other instrument including the certificate, one dollar.