full crew, consisting of not less than six persons, to wit, one conductor, one engineer, one fireman, two brakemen and one flagman. qualifica SEC. 4. The flagman mentioned in sections 1, 2, and 3 of Flagman, this act shall have had at least one year's actual experience tions in train service. miles not SEC. 5. The provisions of this act shall not apply to or Railroads of include any railroad company or receiver or manager thereof less than 95 of any line of railroad in this state less than ninety-five miles included in length; neither shall they apply to the operation of light engines and tenders when running as such outside the yard limits. creating commission SEC. 6. Nothing in this act shall be considered to repeal or Not to repeal affect in whole or in part that certain act entitled "An act to or affect act regulate railroads, telegraph and telephone companies and railroad other common carriers of this state, creating a railroad commission, constituting the governor, the lieutenant-governor and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, preventing the imposition of unreasonable rates, preventing unjust discrimination, insuring an adequate railway service, and fixing maximum freight charges," approved March 5, 1907. violation of SEC. 7. Any railroad company or receiver of any railroad Penalties for company, and any person, firm, company or corporation this act engaged in the business of common carriers doing business in the State of Nevada, who or which shall violate any of the provisions of this act, shall be liable to the State of Nevada for a penalty of five hundred dollars for each offense; and such penalty shall be recovered and suit brought in the name of the State of Nevada in a court of proper jurisdiction in any county in or through which such line of railroad may run, by the attorney-general or under his direction, by the district attorney in any county through which such line of railroad may operate. performed or not affected SEC. 8. The repeal of a law by this Act shall not affect Previous acts any act done, or any right established, or the prosecution of a rights criminal action or proceeding commenced, or an offense com- established mitted, or the prosecution of any action for the violation of by this law any of the sections of that certain act entitled "An act to promote the public safety by requiring common carrier railroads to provide adequate train crews and defining such crews, and prescribing a penalty for the violation of the provisions thereof," approved March 8, 1909, or that certain act entitled "An act to promote the public safety by requiring railroad companies to provide adequate train crews, and defining such crews, and prescribing a penalty for the violation of the provisions thereof," approved February 21, 1911, before the repeal takes effect; nor shall anything in the repeal of said laws or any part thereof be construed to be, or act as, a legislative pardon for any violation of said acts, but any repealed proceedings in such cases after this act takes effect shall proceed as if no repeal thereof was made, and shall so far as practicable, conform to the provisions of this act. SEC. 9. Those certain acts entitled "An act to promote the Certain laws public safety by requiring common carrier railroads to provide adequate train crews and defining such crews and prescribing a penalty for the violation of the provisions thereof," approved March 8, 1909, and that certain act entitled “An act to promote the public safety by requiring railroad companies to provide adequate train crews, and defining such crews, and prescribing a penalty for the violation of the provisions thereof," approved February 21, 1911, and that certain act entitled "An act to amend an act entitled 'An act to promote the public safety by requiring railroad companies to provide adequate train crews, and defining such crews and prescribing a penalty for the violation of the provisions thereof,' approved February 21, 1911," approved March 28, 1911, and all other acts and parts of acts in conflict with the provisions of this Act are hereby repealed; provided, that this repeal of the acts named, and of other acts in conflict with the provisions of this act shall not be so construed as to relieve any common carrier from the liability and penalties prescribed by the provisions of any act in force at the time of the approval of this act; and that all violations of any of the laws named or referred to may be prosecuted according tc law the same as if they were still in full force and effect. Proviso expenses to CHAP. 75—An Act to provide for the payment of actual expenses and per diem to the several county commissioners of Humboldt County, Nevada, while engaged in inspecting public improvements. [Approved March 12, 1913] The People of the State of Nevada, represented in Senate and SECTION 1. In addition to the compensation now allowed Per diem and by law, each county commissioner of Humboldt County, commission Nevada, while actually engaged in inspecting public roads, boldt County public buildings and other public improvements, shall receive ers of Hum when inspecting public improvements Restriction his actual necessary expenses and five dollars per day for the time actually spent in making such inspection, which sums shall be paid out of the treasury of said Humboldt County, as other claims against the county are allowed and paid. SEC. 2. No member of the board of county commisssioners shall do any inspecting, or order any inspecting without the consent of a majority of the said board. CHAP. 76-An Act to amend an act entitled "An act providing a general corporation law," approved March 16, 1903. [Approved March 12, 1913] The People of the State of Nevada, represented in Senate and SECTION 1. Section eighty-seven of an act entitled "An act providing a general corporation law," approved March 16, 1903, the same being section 1188, Revised Laws of Nevada, 1912, is hereby amended so as to read as follows: service of on corpora Section 87. Service of legal process upon any corporation Concerning created under this act or subject to its provisions shall be legal process made by delivering a copy thereof personally to the president, cashier, secretary or resident agent of such corporation, or by leaving the same at the principal office or place of business of the corporation in this state. Service by copy left at the said principal office or place of business in this state, to be effective, must be delivered thereat at least thirty days before the return of the process, and in the presence of an adult person; and the officer serving the process shall distinctly state the manner of service in his return thereto, naming such person; provided, that process returnable forthwith Provisos must be served personally; and provided further, when for any reason service cannot be had in the manner hereinbefore provided, then service may be made by delivering a copy to the secretary of state at least thirty days before the return of process and by posting a copy of such process in the office of the clerk of the court in which such action is brought or pending, at least thirty days before the return of such process. SEC. 2. Section ninety-six of said act is hereby amended so as to read as follows: duties of sale of corporation Section 96. Said court may in its discretion, in lieu of Concerning decreeing the dissolution of such corporation, order the receiver in receiver to sell its property and franchise and the purchaser property and thereof shall succeed to all the rights and privileges of said franchise of corporation and may reorganize the same under the direction of said court or pursuant to sections 49 and 50 of this act. At any sale of such property at public auction the court may in its discretion authorize the receiver to accept in payment duly allowed claims against such corporation at a proper valnation; provided, however, any corporation created under this act or subject to its provisions, may sell and convey all its property and assets upon a vote of not less than sixty per cent of the outstanding stock of such corporation at a meeting of the stockholders, called for that purpose, notice of such meeting having been previously given by mail to each stockholder of record, at least fifteen days before the date of such meeting; and provided further, any corporation Provisos may in its articles of incorporation or by an amendment thereto provide for a greater amount than seventy-five per ing city of Winnemucca cent of the outstanding stock to authorize a sale and conveyance of the property and assets of such corporation. CHAP. 77—An Act to incorporate the town of Winnemucca, in Humboldt County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto. [Approved March 13, 1913] The People of the State of Nevada, represented in Senate and CHAPTER I ORGANIZATION-BOUNDARIES-ANNEXATION OF ADJACENT TERRITORY-WARDS-POWERS SECTION 1. Creation of Municipality. All persons, inhabiIncorporat tants of that portion of Humboldt County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of "The City of Winnemucca, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of the said city shall include all the inhabitants, lands, tenements and property included in sections 19, 20, 29, and 30, township 36 north, range 38 east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time hereafter be embraced or included within established limits of said city as hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges and obligations as are hereinafter set out and prescribed. Territory, how annexed One ward only Powers of city SEC. 2. The Annexation of Adjacent Territory-Manner of Procedure of. Territory adjoining and contiguous to the corporate limits of the city of Winnemucca may be annexed to said city upon the application therefor in writing, describing said territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for the members of the legislature of the State of Nevada and who are taxpayers in the county of Humboldt, such petitioners to possess both of said qualifications. SEC. 3. Wards-Boundaries-Change of. The city of Winnemucca shall consist of one ward, embracing the territory within the limits of said city as above described and such territory as may hereafter be annexed to said city. SEC. 4. Additional Powers. The said city shall have and be vested with all the rights, powers, property and things of every kind now belonging to the town of Winnemucca, and may have and use a common seal and the same alter at pleasure, and may purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devices, gifts and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust. CHAPTER II OFFICERS-PRIMARY ELECTIONS-CLAIMS AND ACCOUNTS-ORDI- and commis SECTION 1. Board of Commissioners, First Election of. The Mayor governing body of the city of Winnemucca shall consist of a sioners board of commissioners, composed of a mayor and four commissioners, the first election for whom shall be held in the manner and at the time as follows: election First-It shall be the duty of the board of county commis- First city sioners of Humboldt County, on or before the first Tuesday in April, 1913, to issue a proclamation for an election to be held within the limits of the town of Winnemucca, said election to be held on the first Tuesday in June, 1913. All of the qualified electors of the town of Winnemucca, as shown by the registration list at the last general election, shall have the right to vote at such election. Said proclamation to state: (a) That the qualified voters of the town of Winnemucca Acceptance shall vote on the question whether they shall accept the char- of charter ter and be incorporated as a city, pursuant to the provisions as herein set forth; (b) For the election of a mayor and four commissioners for Election of the city of Winnemucca, to be voted for and elected by the city officers qualified electors of the town of Winnemucca. Second-The board of county commissioners shall cause the Proclamasaid proclamation to be published in some newspaper in the overtised town of Winnemucca for a period of at least two weeks prior to the date of said election, and printed notices of such proclamation shall be posted in three public places in said town. Said proclamation shall fully set forth the purposes of said election, and any and all other or further matters necessary or required to fully and fairly apprise the qualified electors of said town of the date, time and place of holding such election, the purpose thereof, the conditions under which the same is held, the name of the inspectors of such election, and such. other matters as may be deemed proper in the premises. apply Third-All provisions of the law relating to general elections General elecso far as the same can be made applicable, and not inconsistent tion laws to with the provisions of this act, shall apply to and be observed in the proclamation calling for and the conduct of such election |