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7 of this act, as to cattle being transported by rail to market for slaughter, when the same are unloaded to be fed and watered in lots on the way thereto.

Sec. 7-Notice to agents of railroads-Penalty. That it shall be the duty of the con missioner of agriculture to notify, in writing, the proper officials or agents of any railroa steamboat, or other transportation company doing business in or through any infecte. locality, and by publication in such newspapers as he may select, of the existence of sa.. contagion; and any person or persons operating any such railroad, or master or owner of any boat or vessel or owner or custodian of, or person having control over such cattle or other live stock within such infected district, who shall knowingly violate the provisions of section 6 of this act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than one hundred nor more than five thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

Sec. 8 refers to District of Columbia.]

Sec. 9-District attorneys to prosecute. That it shall be the duty of the several Unite States district attorneys to prosecute all violations of this act which shall be brought to the notice or knowledge by any person making the complaint under oath; and the same st be heard before any district or circuit court of the United State (s) or territorial cour holden within the district in which the violation of this act has been committed. [Remaining sections are of no local importance and are therefore omitted.]

SALARIES

Salaries of state officers not included in sections under this heading or in notes thereto: Attorney-general, section 4138.

Auditor, section 4149.

Bank examiner, section 665.

Commissioner of industry, agriculture and irrigation, section 4491.

District school superintendents, section 3251.

District judges, section 4902.

Inspector of mines, section 4199; deputy, section 4206.

Justices supreme court, section 4893.

License and bullion tax agent, section 4240.

Lieutenant-governor, section 4250.

Mineral land commissioner, section 4145.

Official court reporter, section 4889; stenographers, section 4891.
Principal Virginia school of mines, section 4671.

Railroad commissioners and secretary, section 4549.

State police, section 4284.

Superintendent hospital for mental diseases, section 2203.

Superintendent and matron orphans' home, section 4105.

Superintendent of public instruction, section 4343.

Superintendent of state printing, section 4305.

Veterinarian, section 4388.

Warden of state prison, section 7592.

An Act reducing and regulating the salaries and compensation of certain stat officers and attaches of the state government of Nevada.

Approved February 21, 1881, 43

[Section 1, superseded by sec. 4393.]

[Sec. 2, superseded by sec. 4250.]

Cited, State ex rel. Cutting v. Westerfield, 24 Nev. 33, 36 (49 P. 554); State ex rel. Þa v. Eggers, 29 Nev. 476 (16 L. R. A. (N. S.) 630, 91 P. 819); State ex rel. Drury v. Halls 19 Nev. 386, 387, 388 (12 P. 832); same, 19 Nev. 373 (12 P. 832); State ex rel. Sadler v La Grave, 23 Nev. 224 (35 L. R. A. 233, 45 P. 243).

4391. Salary of clerk of supreme court.

SEC. 3. On and after the first day of January, eighteen hundred and eightythree, * * the clerk of the supreme court shall receive a salary of twenty

*

four hundred dollars per annum;

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It was attempted to amend the above section by Stats. 1885, 99, but which act was design unconstitutional in State ex rel. Drury v. Hallock, 19 Nev. 384.

See sec. 2950.

Salary of deputy, sec. 4900.

Cited, State ex rel. Howell v. La Grave, 23 Nev. 380 (48 P. 674).

[Sec. 4 superseded.]

4392. Governor's secretary and deputy officials to perform certain duties

without additional compensation.

SEC. 5. Whenever the governor's private secretary, or any deputy or clers

in any state office is appointed as clerk or secretary of any state board or commission, whether by such board or commission or the legislature, he shall serve as such clerk or secretary without any compensation, unless such compensation is specifically fixed by law.

Cited, State ex rel. Drury v. Hallock, 19 Nev. 385 (12 P. 832).

[Sec. 6 superseded.]

4393. Salary and mileage of senators and assemblymen-Allowance for stationery and newspapers.

SEC. 7. To state senators and members of the assembly, ten dollars per day for each day of service; provided, the total amount so paid shall not exceed the sum of six hundred dollars at any regular session, and fifteen cents per mile for each mile actually traveled in going to and returning from the place of meeting, which said mileage shall, however, be computed, in all cases, upon the shortest practical routes to the said place of meeting; provided, that each member may be allowed not exceeding twenty dollars for the purchase of newspapers and stationery during the session. As amended, Stats. 1907, 429.

The balance of this act has been superseded by various salary acts.
Salaries of officers and attaches, sec. 4116.

Cited, State ex rel. Drury v. Hallock, 19 Nev. 385, 386 (12 P. 832).

An Act reducing and regulating the salaries of certain state officers of the State of Nevada.

Approved March 21, 1891, 104

4394. Salary of governor, secretary of state, controller, treasurer, attorneygeneral and surveyor-general-School fund.

SECTION 1. From and after the first day of January, A. D. eighteen hundred and ninety-five, the following annual salaries shall be paid to the various state officers of this state, at the time and in the manner prescribed by law: To the governor, four thousand dollars; to the secretary of state, twentyfour hundred dollars; to the state controller, twenty-four hundred dollars; to the state treasurer, twenty-four hundred dollars; to the attorney-general, two thousand dollars; to the surveyor-general and ex officio land register, twentyfour hundred dollars, payable out of the state school fund. The portion omitted is superseded, sec. 4343.

[Sec. 2 superseded by sec. 4250.]

By Stats. 1893, 32, that portion of this act making the superintendent of public instruction ex officio librarian and clerk was repealed and these positions were attached to the office of secretary of state, but nothing was said in regard to superintendent's salary as curator and secretary. It was held that the superintendent was not entitled to receive any of the compensation attaching in solido to the four ex officio offices. State ex rel. Cutting v. La Grave, 23 Nev. 120, 123-126 (43 P. 470).

Cited, Sadler v. State, 23 Nev. 141 (43 P. 915).

The lieutenant-governor, upon the death of the governor, becomes acting governor, and entitled to receive the salary attached to that office. State ex rel. Sadler v. La Grave. 23 Nev. 216, 222-225 (35 L. R. A. 233, 45 P. 243).

Sections 2 and 3 of Stats. 1883, 78, providing that the clerk of the supreme court shall prepare the decisions of the court for

* * *

publication and shall receive for his compensation as reporter of such decisions $600 a year, was not repealed, in so far as it provides compensation for the clerk's services as reporter by this statute and Stats. 1893, 32, providing that the secretary of state shall be ex officio clerk of the supreme court. State ex rel. Howell v. La Grave, 23 Nev. 373, 378-381 (48 P. 674).

Petitioner's term of office as secretary of state and ex officio clerk of the supreme court began January, 1895, hence this act and the act of 1883, 78, and the act of 1893, 32, were all passed prior to the term for which he was elected. Therefore, Const., sec. 377, ante, is not applicable to such state of facts. Idem.

The office of secretary of state, of ex officio clerk of the supreme court, and of reporter of decisions of the supreme court, are separate and distinct offices, and their being vested in the same person does not change their nature in this respect. Idem.

Petitioner's several offices being distinet, the annual compensation allowed him as reporter of supreme court decisions is not a fee or perquisite within the provisions of Const., sec. 389. Idem.

The office of clerk of the supreme court was not abolished by its omission from the amendment of 1889 to Const., sec. 290, and the failure of the legislature to reestablish

it, but continued as a constitutional office under the provision made pursuant to the original constitution; and hence Stats. 1883, 32, providing that the secretary of state should be ex officio clerk of the supreme court was effective. Idem.

Cited, State ex rel. Davis v. Eggers, 29 Nev. 476, 16 L. R. A. (N. S.) 630, 91 P. $19.

An Act fixing the salaries of certain deputies in state offices.

Approved March 23, 1909, 194

4395. Salary of deputy secretary of state-Proviso.

SECTION 1. From and after the passage of this act the salary of the deputy secretary of state shall be two thousand four hundred dollars per annum. payable out of the general fund; provided, that the said deputy secretary of state shall not receive any additional compensation for services as clerk of the board of prison commissioners, clerk of the board of examiners, or as clerk or deputy of any other board or commission.

See sec. 4392.

4396. Salary of deputy attorney-general.

SEC. 2. The salary of one deputy attorney-general is hereby fixed at twenty-four hundred dollars per annum, payable out of the general fund in the same manner as salaries of other state officers are paid.

See sec. 4392.

The intent of this section was that the deputy attorney-general should be paid monthly in the future, and an incumbent who, during the part of the year before approval of the act, had acted as stenographer in the attorney-general's office drawing a salary therefor, and had also acted as deputy attorney-general under a previous statute not providing compensation for such office, was not entitled to receive the designated salary for the portion of the year previous to its passage. State ex rel. Fowler v. Eggers, 33 Nev. (112 P. 699).

4397. Salaries, how paid.

Words in a statute simply specifying that an officer shall receive a designated compen sation have no retroactive effect, unless there is something in the language indicating it. Idem.

The setting apart in a general appropriation bill of various funds to cover payment of salaries and other expenses of the state government, while it may reserve the money for that purpose, does not, in itself, authorize the payment of the money from the fund. Idem.

SEC. 3. The state controller is hereby directed to draw his warrant for the salaries named in sections 1 and 2 of this act, and the state treasurer is hereby directed to pay the same each month.

An Act fixing the salaries and compensation of certain attaches of the government of the State of Nevada.

Approved March 5, 1907, 61

4398. Salaries of deputy controller, deputy treasurer, deputy surveyorgeneral, and certain attaches-Clerk of commissioners for insane. SECTION 1. From and after the approval of this act the following salaries shall be paid to the following-named attaches of the state government: To the deputy state controller, two thousand dollars per annum, and he shall act as clerk of board of state printing commissioners without further compensation.

To the typist in the state controller's office, twelve hundred dollars per

annum.

To the deputy surveyor-general and state land register, two thousand dollars per annum, payable out of the general fund.

To the draughtsman in the state land register's office, two thousand dollars per annum, payable out of the general fund.

To the typist in the state land register's office, twelve hundred dollars per annum, payable out of the general fund.

To the deputy state treasurer, two thousand dollars per annum, and he shall act as clerk of the board of commissioners for the care of the indigent insane without further compensation.

To the typist in the attorney-general's office, twelve hundred dollars per

annum.

To the typist in the superintendent of public instruction's office, twelve hundred dollars per annum.

See sec. 4392.

Bookkeeper and typist, state printing office, see sec. 4311.

An Act authorizing the payment of the salaries of officers fixed by law.

Approved March 8, 1879, 108

4399. Salary payable monthly-Never in advance.

SECTION 1. All state officers whose salaries are fixed by law shall be entitled, from and after the passage of this act, to receive same on the first of each calendar month; provided, that nothing in this act shall be construed to mean the payment of salaries in advance.

4400. Salaries, how paid.

SEC. 2. The controller is hereby authorized and directed to draw his warrant, and the state treasurer to pay same, in accordance with the first section of this act.

No money can be drawn from the treasury as compensation to an officer of the legislature, except when the compensation has been fixed by a law in force prior to the election

of such officer (Const., sec. 286, ante). State ex rel. King v. Hallock, 16 Nev. 152.

Cited, State ex rel. Davis v. Eggers, 29 Nev. 475, 16 L. R. A. (N. S.) 630, 91 P. 819.

An Act fixing the salaries and compensation of certain attaches of the government of the State of Nevada.

Approved March 9, 1903, 61

[Section 1 is superseded by section 1 of the act of 1907, sec. 4397, and is therefore omitted.] 4401. Salaries of capitol employees and certain attaches of library and land office.

SEC. 2. That the board of capitol commissioners shall be required to fix the salary of the janitor of the capitol building at $1,200 per annum; the gardener of the state capitol grounds at $1,200 per annum and the night watchman of the capitol building at $1,320 per annum; provided, said night watchman shall be the appointee and under the direction of the state treasurer; and it is hereby further provided, that the salary of the clerk in the state library shall be fixed at $900 per annum, and the salary of the stenographer in the state land office shall be $900 per annum, the last to be paid out of the state school fund.

Board of capitol commissioners may fix salaries of janitor, gardener and night watchman at amount not exceeding $110 per month, sec. 4420. See sec. 4398.

The act of 1885, 99, is in violation of Const., sec. 275, ante, and is absolutely null

and void. State ex rel. Drury v. Hallock, 19 Nev. 384-390 (12 P. 832).

STATE SEAL

To provide a seal of state, section 4402.

In relation to the great seal, sections 4403, 4404.

An Act to provide a seal of state for the State of Nevada.

Approved February 24, 1866, 94

4402. Great seal of state-Design-Motto.

SECTION 1. There shall be a seal of the State of Nevada, which shall be kept by the governor and used by him officially, and shall be called "The Great Seal of the State of Nevada," the design of which shall be as follows, to wit: In the foreground, two large mountains, at the base of which, on the right, there shall be located a quartz mill, and on the left a tunnel penetrating the silver leads of the mountain, with a miner running out a carload of ore, and a team loaded with ore for the mill. Immediately in the foreground there shall be emblems indicative of the agricultural resources of the state, as follows: A plow, a sheaf, and a sickle. In the middle ground, a train of railroad cars, passing a mountain gorge; also a telegraph line extending along the line of the railroad. In the extreme background, a range of snow-clad mountains, with the rising sun in the east. Thirty-six stars to encircle the whole group. In an outer circle, the words, "The Great Seal of the State of Nevada" to be engraven with these words, for the motto of our state, "All for Our Country."

See sec. 4403.

An Act in relation to the great seal of the State of Nevada.

Approved February 1, 1875, 50

4403. Secretary of state to procure great seal.

SECTION 1. It is hereby made the duty of the secretary of state, as soon as practicable after the passage of this act, to procure a seal, the design of which shall be the same as that upon the present great seal of the State of Nevada, as provided by an act entitled "An act to provide a seal of state for the State of Nevada," approved February twenty-fourth, eighteen hundred and sixty-six; and the size thereof shall not be more than two and threefourths inches in diameter; and when completed, shall be known as the great seal of the State of Nevada, and shall be used instead of the present great seal. See sec. 4402.

4404. Secretary of state to use for verification.

SEC. 2. The secretary of state shall at all times have access to Isaid seal. and may use the same in verification of all his official acts.

[Sec. 3 obsolete.]

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