be punished by being deprived of the nomination or office, as the case may be, and the vacancy therein shall be filled in the manner provided by law. The only exception to this Exception judgment shall be that provided in section 37 of this act; such judgment shall not prevent the candidate or officer from being proceeded against by indictment or criminal information for any such act or acts. attorney and act SEC. 39. If any district attorney shall be notified by an District officer or other person of any violation of any of the pro- attorneyvisions of this act within his jurisdiction, it shall be his duty general to forthwith to notify the attorney-general and to diligently inquire into the facts of such violation, and if there be reasonable ground for instituting a prosecution, it shall be the duty of such district attorney to file a complaint or information in writing before a court of competent jurisdiction, charging the accused person with such offense; if any district attorney shall fail or refuse to faithfully perform any duty imposed upon him by this act, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit his office. It shall be the duty of the district attorney, Penalties under penalty of forfeiture of his office, to prosecute any and all persons guilty of any violation of the provisions of this act, the penalty of which is fine or imprisonment, or both, or removal from office. SEC. 40. A corporation for the violation of any of the pro- Fines for visions of this act shall be subject to a fine of not more than corporations one hundred thousand dollars ($100,000), or may be subject to have declared a forfeiture of the charter and franchise of the corporation, if organized under the laws of this state, or if it be a foreign corporation it shall be subject to be enjoined from further transacting business in this state, or by both such fine and forfeiture, or by both such fine and injunction, as the case may be. And any officer or agent or employee of such corporation knowingly aiding, assisting or representing such corporation in the performance of such act shall be guilty of a corrupt practice and shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not less than one or more than twelve months, or by both such fine and imprisonment. punishments SEC. 41. Every person guilty of a corrupt practice, as General defined in this act, is guilty of a crime and whoever violates penalties and any of the provisions of this act, the punishment for which is not specially provided by law, shall on conviction thereof be punished by imprisonment in the county jail for not more than one year, or by fine of not more than ten thousand dollars, or by both such fine and imprisonment. SEC. 42. The statement of expenses required from candi- Statement of dates and others by this act shall be substantially as follows: expenses State of Nevada, County of I, SS. having been a candidate (or expended Form of statement Jurat on the money) at the election for the (state) (district) (city) of And I further state on oath that, except as appears from this return, I have not, and to the best of my knowledge and belief no person, nor any club, society or association or political agent has on my behalf, whether authorized by me or not, made any payment or given, promised, or offered any reward, office, employment, or position, public or private, or valuable consideration, or incurred any liability on account of, or in respect to, the conduct or management of the said nomination (or election). And I further state on oath that, except as specified in this return, I have not paid any money, security, or equivalent for money, nor has any money or equivalent for money, to my knowledge or belief, been paid, advanced, given or deposited by any one to or in the hand of myself or any other person for my nomination or election or for the purpose of paying any expense incurred on my behalf on account of or in respect of the conduct or management of the said election. And I further state on oath that I will not, except as far as I may be permitted by law, at any future time make or be a party to the making or giving of any payment, reward, office, position or employment, or valuable consideration for the purpose of defraying any such expenses or obligations as herein mentioned or on account of my nomination or election, or provide or be a party to the providing of any money, security or equivalent for money for the purpose of defraying any such expense. And I further state that the following persons and no others were appointed by me as my political agents, viz: (give name and address). That herewith is attached true copies of the written appointments of such agents (attach copies of appointments). That I have received reports from all my political agents (or the facts). That I have not expended, paid out, authorized or become liable for any moneys or expenditures in excess of the amount permitted by statute, including the expenditure, debts and liabilities of my political agents. That I have read the laws of the State of Nevada concerning elections and that I have not knowingly violated any of such laws. (If any exceptions state them.) (Signature of affiant). Subscribed and sworn to by the above-named.. on the........ day of A. D. 19..., before me, in my county aforesaid. (Title of officer.) Attached to said affidavit shall be a full and complete. account of the receipts, contributions and expenses of said affiant, and of his supporters, of which he has knowledge, To contain with numbered vouchers for all sums and payments for which full account vouchers are required. The affidavit and account of the treasurer of any committee or any political party or organization shall be as nearly as may be in the same form, and so also shall be the affidavit of any person who has received or expended money in excess of the sum of fifty dollars to aid in securing the nomination or election or defeat of any candidate, or of any political party or of any measure before the people. SEC. 43. Any person who shall knowingly make any false False oath oath or affidavit, where an oath or affidavit is required by this perjury act, shall be deemed guilty of perjury and punished accord ingly. retroactive SEC. 44. None of the provisions of this act shall be con- Not strued as governing, or relating to, or in any manner affecting any past acts, omissions or transactions. independent SEC. 45. If any section or clause of this act shall be held Each section unconstitutional it shall not affect or invalidate any other part of this act. CHAP. 283-An Act to promote the safety of employees and passengers upon railroads by limiting the hours of service [of employees thereon and defining the duties of the district attorney and the state railroad commission in regard thereto. [Approved March 31, 1913] The People of the State of Nevada, represented in Senate and on railroads defined SECTION 1. The provisions of this act shall apply to any Limiting common carrier or carriers, their officers, agents and day's work employees, engaged in the transportation of passengers or property by railroad in the State of Nevada. The term "rail- Terms road," as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract agreement, or lease and the term "employees," as used in this act shall be held to mean persons actually engaged in or connected with the movement of any train. hours the tively or SEC. 2. It shall be unlawful for any common carrier, its sixteen officers, or agents, subject to this act, to require or permit any limit, either employee subject to this act to be or remain on duty for a consecu longer period than sixteen consecutive hours, and whenever within the any such employee of such common carrier shall have been 24 hour continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such employee who has been on duty sixteen hours in the period Proviso as to telegraph operators aggregate in any twenty-four hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty; provided, that or telephone no employee who by the use of the telegraph or telephone or other electrical device, dispatches, reports, transmits, receives or delivers, orders or who from towers, offices, places and stations operate signals or switches or similar mechanical devices controlling, pertaining to, or affecting the movement of trains of more than two cars shall be required or permitted to be or remain on duty in any twenty-four-hour period for a longer period than eight hours, which period of eight hours shall be wholly within the limits of a continuous shift and upon the completion of which period such employee shall not be required or permitted to again go on duty until the expiration of sixteen hours. This proviso shall not apply to employees who in case of emergency use the telephone to obtain orders or information governing the movement of trains; provided further, in case of emergency, when the employees named in this proviso may be permitted to be and remain on duty for four additional hours in a twenty-fourhour period of not exceeding three days in any week. Proviso; emergencies violation SEC. 3. That any such common carrier, or any officer or Penalties for agent thereof, requiring or permitting any employee to go, be, or remain on duty in violation of the second section hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than two hundred and fifty dollars ($250) and not more than five hundred dollars ($500) for each and every violation of this act, in a suit or suits to be brought by the district attorney in the district courts of the State of Nevada having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district attorneys to bring such suits upon satisfactory information being filed with him; but no such suit shall be brought after the expiration of one year from the date of such violation; and it shall also be the duty of the state railroad commission commission to lodge with the proper district attorneys information of any information such violations as may come to its knowledge. In all prosecutions under this act the common carrier shall be deemed to have had knowledge of all acts of all its officers and agents; Provisos for provided, that the provisions of this act shall not apply in any case of casualty or unavoidable accident or the act of God; nor where the delay was the result of a cause not known to the carrier or its officers or agent in charge of such employee at the time said employee left terminal and which could not have been forseen; provided further, that the provision of this act shall not apply to the crews of wrecking or relief trains; provided further, that the provisions of this act shall not apply to railroads not maintaining a regular night train schedule. Railroad to lodge with district attorney accidents and wrecking trains Further exception SEC. 4. It shall be the duty of the state railroad commis commission sion to execute and enforce the provisions of this act, and all Railroad powers granted by law to the state railroad commission are to enforce hereby extended to it in the execution of this act. SEC. 5. That this act shall take effect and be in force In effect ninety days after its passage and approval. July 1, 1913 CHAP. 284—An Act relating to elections and removals from office. [Approved March 31, 1913] The People of the State of Nevada, represented in Senate and CHAPTER 1-LEGAL RESIDENCE Legal Residence Defined. constitutes SECTION 1. The legal residence of a person with reference What to his or her right of suffrage, eligibility to office or right of legal naturalization, is that place where he or she shall have been residence actually, physically and corporeally present within the state or county, as the case may be, during all of the period for which residence is claimed by him or her; provided, how- Proviso ever, should any person absent himself from the jurisdiction of his residence with the intention in good faith to return without delay and continue his residence, the time of such absence shall not be considered in determining the fact of such residence. Residence Gained or Lost. residence lost SEC. 2. No person shall be deemed to have gained or lost When such a residence by reason of his presence or absence while gained or employed in the military, naval or civil service of the United States, or of the State of Nevada; nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student at any seminary or other institution of learning; nor while kept at any almshouse, or other asylum at public expense, nor while confined in any public prison or jail. Residence Not Lost. not lost, SEC. 3. A person removing from one county, within this Residence state, to another, or from one precinct to another of the same when county, within thirty days prior to any election, shall not be deemed to have lost his residence in the county or precinct removed from; provided, he was an elector in such county or precinct on the thirtieth day prior to such election. Residence Lost. lost, when SEC. 4. If a person remove to another state, territory, Residence or foreign country, with the intention of establishing his domicile there, and making it his home, he shall lose his residence in this state. |