when sample or unfit SEC. 19. When it shall appear from any such examination Procedure or analysis made by an analyst of the Nevada agricultural proves to be experiment station that such sample of food, liquor or drug is adulterated adulterated, mislabeled or misbranded within the meaning of this act, the said commissioner shall furnish a notice of the fact, together with a copy of the certificate of findings, by registered mail, to the party or parties from whom the sample was obtained or who executed the guarantee as provided for in this act, and a date, hour and place shall be fixed by said commissioner at which said party or parties may be heard before him, under such rules and regulations as may be prescribed by said commissioner. The receipts of the post office department for such registered notice shall be received as prima facie evidence that such notice has been given. Parties interested therein may appear in person or by attorney and may propound interrogatives and submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. If the examination or analysis be found correct or if the party or parties fail to appear at such hearing after notice duly served, as provided herein, the commissioner shall forthwith transmit a certificate of the facts so found to the district attorney of the county in which said adulterated, misbranded or mislabeled food, liquor or drug was found. No publication as in this act provided shall be made until after said hearing is concluded. prosecuted guaranteed SEC. 20. That no dealer shall be prosecuted under the pro- Dealer not visions of this act when he can establish a guarantee signed by when wholethe wholesale jobber, manufacturer or other party from whom saler has he purchased such article, to the effect that the same is not article adulterated, mislabeled or misbranded within the meaning of this act, designating it. Said guarantee, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealers, and in such cases, the party or parties shall be amenable to the prosecution, fines, and other penalties which would attach, in due course to the dealer under the provisions of this act. sioner to report to attorney SEC. 21. It shall be the duty of said commissioner, when- Commisever he has satisfactory evidence of the violation of any of the provisions of this act, respecting the adulteration, mislabeling district or misbranding of foods, liquors or drugs, to report such facts to the district attorney of the county where the law is violated. SEC. 22. It shall be the duty of the district attorney to District prosecute all violations of the provisions of this act occurring attorney to within his county and which shall be reported to him under the provisions of this act. prosecute impure sioner SEC. 23. Said commissioner shall keep a record of adulter- Record of ated, mislabeled or misbranded foods, liquors or drugs, in articles kept which record shall be included a list of cases examined by said by commisexperiment station in which violations were found, and a list of the articles found adulterated, mislabeled or misbranded and the names of the manufacturers, producers, jobbers and sellers. Said record or any parts thereof, may, in the discre with U. S. tion of the commissioner, be included in the annual report which the said commissioner is hereby authorized to make to the governor. The said commissioner may, in his discretion, publish any part of said record in the bulletins, circulars and reports which he may publish from time to time. SEC. 24. The governor of the state, with the Nevada agriCooperation cultural experiment station, shall cooperate with the governgovernment ment of the United States for carrying out the purposes of this act, and the said experiment station may appoint, in writing, any inspector or employee of the United States department of agriculture as state pure food agent in carrying out the provisions of this act, when in their judgment it may be proper or necessary, who shall have and may exercise the powers of state agents. But no inspectors and employees of the United States department of agriculture shall be paid for their services by the State of Nevada, or any county in this state. violation SEC. 25. Any person, firm, company, or corporation vioPenalties for lating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Foods found to be adulterated, mislabeled or misbranded within the meaning of this act, may, by order of any court or judge, be seized and destroyed. Principal responsible for agent's acts Repeal SEC. 26. When construing and enforcing the provisions of this act, the 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 to be the act, omission or failure of such corporation, company, society or association as well as that of the person. SEC. 27. All acts and parts of acts in conflict with or inconsistent with this act are hereby repealed. CHAP. 227—An Act to amend an act entitled "An act fixing the compensation of county and township officers in Nye County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such officers, and regulating the conduct thereof, and to repeal all acts or parts of acts conflicting therewith," approved March 24, The People of the State of Nevada, represented in Senate and SECTION 1. Section two of the above-entitled act is hereby Nye County amended so as to read as follows: officers District attorney Section 2. The district attorney shall receive a salary of thirty-six hundred dollars per annum for all his services as such officer. He shall have such deputies as in the judgment Deputies of the board of county commissioners shall be deemed necessary, and at such compensation and for such time as they may provide. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation while absent from the county-seat in going and coming to and from the countyseat while in the performance of his official duties: provided, Proviso said expenses shall be first audited and allowed by the board of county commissioners. The district attorney shall receive no other fees or compensation other than is herein provided for the performance of his official duties. SEC. 2. Section three of the above-entitled act is hereby amended so as to read as follows: Section 3. The county clerk shall receive a salary of three County clerk thousand dollars per annum for all his services in said office, and shall be allowed a deputy, to be named by him, at a com- Deputy pensation of eighteen hundred dollars per annum, and shall collect in advance and monthly turn over to the county treasurer of the county such fees and compensation as are now provided for services in his office by section 3 of an act of the legislature of the State of Nevada entitled "An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883, said section being section 2470 of Cutting's Compiled Laws of the State of Nevada, 1900. SEC. 3. Section four of the above-entitled act is hereby amended to read as follows: and auditor Section 4. The county recorder and auditor of said county Recorder shall receive a salary of three thousand dollars per annum as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by section 4 of an act of the legislature of the State of Nevada entitled "An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883. He shall be allowed one deputy Deputies at one hundred and fifty dollars per month, and shall have such other deputies at such compensation of five dollars per diem as the board of county commissioners shall deem necessary and allow. SEC. 4. Section five of the above-entitled act is hereby Sheriff amended to read as follows: Section 5. The sheriff of said county shall receive a salary of three thousand and four hundred ($3,400) dollars per annum for his services to said county as sheriff, and shall have one undersheriff, to be selected by him, at a compensation of eighteen hundred ($1,800) dollars per annum, and such other deputies, to be named by him, as the board of county commissioners may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual Expenses traveling expenses, to consist of actual cost of his transporta Proviso Fees Salary as assessor Treasurer tion and living expenses while absent from the county-seat while in the performance of his duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county, such fees as are provided for in an act of the legislature of the State of Nevada entitled "An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883; provided, that in lieu of the mileage provided, in said act, the said sheriff shall charge and collect as mileage, the actual and necessary traveling expenses of himself or deputy in the service of any summons and complaints, or other process issuing out of the district. court; provided further, that where there is a deputy or other officer competent to perform said service, without the sheriff actually incurring traveling expenses, no mileage shall be charged. The sheriff shall be allowed three (3%) per cent of all amounts of money collected by him as licenses, poll and personal property tax; as assessor for said county, said sheriff shall receive six hundred ($600) dollars per annum, and shall have such deputies, to be named by him, as the county commissioners may allow, and at such compensation as shall be fixed and determined by the board of county commissioners. SEC. 5. Section six of the above-entitled act is hereby amended to read as follows: Section 6. The county treasurer of said county shall receive compensation for all services to said county three thousand dollars per annum; he shall have such deputy or deputies as in the judgment of the board of county commissioners shall be deemed necessary, at such compensation and for such time as they may provide. SEC. 6. All acts and parts of acts in conflict with this act Takes effect are hereby repealed, and this act shall take effect January in 1915 1, 1915. CHAP. 228-An Act to amend an act entitled "An act concerning and firing standard weights and measures and to regulate the sale of commodities or articles of merchandise according to such standards, and to provide fines, penalties, and damages for the violation thereof, and for rules of evidence relating thereto; and to provide for the inspection of weights, measures, and weighing and measuring devices, and for the enforcement thereof and making an appropriation for the carrying out of this act," approved March 8, 1911. [Approved March 25, 1913] The People of the State of Nevada, represented in Senate and SECTION 1. Section twenty-three of the above-entitled act is hereby amended to read as follows: weights and Section 23. The commissioner appointed by the board of Sealer of control of the Nevada agricultural experiment station is hereby measures designated and constituted sealer of weights and measures and shall be charged with the proper enforcement of the provisions of this act, and he may appoint such deputy or deputies as he may deem necessary therefor. He shall have the care and Duties custody of the authorized public standards of weights and measures, and of balances and other apparatus of all kinds owned by the state under section 1 of this act. He shall maintain the state standards in good order and submit them at least once in every ten years to the national bureau of standards for verification. He shall at once, after the approval Standards of this act, obtain from the government of the United States all standard weights and measures mentioned in this act which this state does not at that time own. same as U. S CHAP. 229-An Act to amend section one of article two, section three of article four, section one of article eight, section two of article eleven, and sections one, two and ten of article twelve of an act entitled "An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto," as amended March 13, 1905. [Approved March 25, 1913] The People of the State of Nevada, represented in Senate and Reno charter SECTION 1. Section one of article two of an act entitled Amending "An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relat |