shall directly or indirectly omit or fail to do any act, matter or thing in this act required to be done, or cause or willingly suffer or permit any act, matter or thing, so directed or required to be done, not to be so done, or shall directly or indirectly aid or abet any such omission or failure, or shall directly or indirectly be guilty of any infraction of this act, or directly or indirectly aid or abet therein, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two thousand dollars.

See sec. 4576.

3583. Certain property may be transported free or at reduced rates.

SEC. 9. Nothing in this act shall apply to the carriage, storage, receiving, handling or forwarding of the property of the United States at lower rates of freight and charges than to the general public, or to the transportation of articles free or at reduced rates for charitable purposes, or to or from public fairs or expositions for exhibition, or to the transportation of material or supplies for the construction of other railroads within the state, or from a point within the state to a point beyond its boundaries.

See sec. 4556.

3584. Meaning of "person or persons."

SEC. 10. The words "person or persons" as used in this act, except where otherwise provided, shall be construed and held to mean person or persons, company or companies, corporation or corporations, officer or officers, receiver or receivers, trustee or trustees, lessee or lessees, agent or agents, or other person or persons acting or engaged in any of the matters and things mentioned in this act.

An Act regulating the transportation of live stock between points situated in this state.

Approved March 16, 1903, 177

3585. Unlawful to confine stock longer than 36 hours.

SECTION 1. No railroad company engaged in the transportation of cattle, sheep, swine, or other animals between points situated within this state, shall confine the same in cars or other vehicles of any description, for a longer period than thirty-six consecutive hours, without unloading the same for rest, water and feeding, for a period of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes, it being the intent of this section to prohibit their continuous confinement beyond the period of thirty-six hours except upon contingencies herein before stated. See sec. 3572.

Federal act affecting interstate shipments limits time to twenty-eight hours (43 Stat. L. 607). 3586. Animals to be watered and fed-Lien for expense.

SEC. 2. Animals so unloaded shall be properly fed and watered during such rest by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad company transporting the same, at the expense of the owner or person in custody thereof; and such company shall, in such case, have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals.

3587. Penalty for violation of act.

SEC. 3. Any company, owner or custodian of such animals who knowingly and willingly fails to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county

jail for a period of not less than sixty days, nor more than six months, or by both such fine and imprisonment.

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.

3588. Full crew defined.

Approved March 8, 1909, 79

SECTION 1. It shall be unlawful for any person, firm, company or corporation, engaged in the business of common carrier, operating freight and passenger trains or either of them, within or through the State of Nevada, to run or operate, or permit or cause to be run or operated, within or through this state, along or over its road or tracks other than along or over the roads or tracks within yard limits, any freight or passenger train of more than fifty freight, passenger or other cars, exclusive of caboose and engine, with less than a full train crew consisting of not less than six persons, to wit: One conductor, one engineer, one fireman, two brakemen, and one flagman. 3589. Flagman-Experience.

SEC. 2. The flagman mentioned in section 1 of this act shall have had at least one year's actual experience in train service.

3590. Not to repeal or affect railroad commission act.

SEC. 3. Nothing in this act shall be considered to repeal or affect in whole or in part that certain act entitled "An act to regulate railroads, telegraph and telephone companies and other common carriers in 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, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges," approved March 5, 1907.

See secs. 4549 4585.

3591. Violation of act misdemeanor.

SEC. 4. Any person, firm, company, or corporation, engaged in the business of common carrier, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars. See sec. 6737.

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.

3592. Train crew of four, when.

3593. Train crew of five, when. 3594. Penalty for noncompliance.

Approved February 21, 1911, 17

3592. Train crew of four, when.

3595. Applies to railroads longer than 95 miles.

3596. Exceptions to application of act, supplementary to certain act.

SECTION 1. It shall be unlawful for any railroad company or receiver of any railroad company, doing business in the State of Nevada, to run over its road or part of its road outside the yard limits, any passenger train consisting of two cars or less, exclusive of engine and tenders, with less than a crew consisting of four persons, one engineer, one fireman, one conductor and one brakeman, who will act in the capacity of flagman. As amended, Stats. 1911, 412.

3593. Train crew of five, when.

SEC. 2. It shall be unlawful for any railroad company, or receiver of any railroad company, doing business in the State of Nevada, to run over its road or part of its road outside of the yard limits, any passenger train consisting of three cars or more, exclusive of engine and tenders, with less than a crew consisting of five persons, one engineer, one fireman, one conductor, one brakeman, and one flagman. As amended, Stats. 1911, 412.

3594. Penalty for noncompliance.

SEC. 3. Any railroad company or receiver of any railroad company doing business in the State of Nevada, which shall violate any of the provisions of this act shall be liable to the State of Nevada for a penalty of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) 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, or by the district attorney in any county through which such lines of railroad may be operated. As amended, Stats. 1911, 412. 3595. Applies to railroads longer than 95 miles.

SEC. 4. The provisions of this act shall not apply to or include any railroad company, or receiver or manager thereof, or any line of railroad in this state less than ninety-five miles in length. As amended, Stats. 1911, 413. 3596. Exceptions to application of act-Supplementary to certain act.

SEC. 5. The provisions of this act shall not apply to or include any railroad company, or receiver or manager thereof, or any line of railroad in this state less than twenty miles in length; neither shall they apply to the operations of light engines and tenders when running as such, outside the yard limits. SEC. 6. This act shall not be deemed to be in conflict with, or to repeal, but supplementary to "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.

See secs. 3588 3591.

An Act regulating the number of hours of labor of telegraph operators, and all other persons engaged in the handling of trains or the dispatching of trains.

Approved March 29, 1907, 411

3597. Limited to eight hours duty-Block system defined.

SECTION 1. That it shall be unlawful for any person, corporation or association operating a railroad within this state to permit any telegraph or telephone operator who spaces trains by the use of the telegraph or telephone under what is known and termed "block system" (defined as follows): Reporting trains to another office or offices or to a train dispatcher operating one or more trains under signals, and telegraph and telephone levermen who manipulate interlocking machines in railroad yards or on main tracks out on the lines connecting said tracks or switches, or train dispatchers in its service whose duties substantially as herein before set forth, pertain to the movements of cars, engines or trains on its railroad by the use of telegraph or telephone in dispatching or reporting trains or receiving or transmitting train orders as interpreted in this section, to be on duty for more than eight. hours in any twenty-four consecutive hours.

3598. Idem-Penalty.

SEC. 2. That any person, corporation or association that shall violate sec

tion 1 of this act, shall pay a fine of one hundred dollars for each violation of this act.

3599. Penalty-How recoverable.

SEC. 3. That the fine mentioned in section 2 of this act shall be recovered by an action of debt in the name of the State of Nevada for the use of the state, who shall sue for it against such person, corporation or association violating this act, said suit to be instituted in any court in this state having appropriate jurisdiction.

[Sec. 4 providing that one-half the fine should be paid to the informer is omitted as unconstitutional (see sec. 355).]

An Act requiring railways to give public notice of live stock killed or injured by their locomotives or cars, providing a penalty for failing or neglecting to do so.

Approved March 24, 1911, 358

3600. Railroads must give notice of live stock killed.

SECTION 1. Every person, association or corporation operating a railway within this state that shall injure or kill any live stock of any description by the running of any engine or engines, car or cars, over or against any such live stock, shall within three days thereafter, post at the first railway station in each direction from the place of such injury or killing, a notice in writing in some conspicuous place on the outside of such stations, and file a duplicate with the county clerk of the county in which the stock is injured or killed, which notice shall contain the number and kind of animals so injured or killed, and a full description of each, with the time and place, as near as may be, of such injury or killing, and shall be dated and signed by some officer or agent of such person, association or corporation operating such railway. 3601. Penalties for noncompliance.

SEC. 2. Every person, association or corporation that shall fail, neglect or refuse to comply with the provisions of this chapter shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding one hundred dollars ($100).

REAL ESTATE

To authorize aliens and nonresident persons to take, hold, enjoy and acquire real estate, sections 3602, 3603.

To provide for erection and maintenance of partition fences, sections 3604-3608.

An Act to authorize and empower aliens and nonresident persons and incorporations to take, hold, enjoy, and acquire real estate in the State of Nevada.

Approved February 27, 1879, 51

3602. Persons who may hold and own property-Chinese excepted. SECTION 1. Any nonresident alien, person, or corporation, except subjects of the Chinese empire, may take, hold, and enjoy any real property, or any interest in lands, tenements, or hereditaments within the State of Nevada,

as fully, freely, and upon the same terms and conditions as any resident citizen, person, or domestic corporation.

See Const. sec. 245.

[Sec. 2 is superseded by sec. 5629.]

3603. Act, how construed-Limitations.

SEC. 3. Nothing herein contained shall be so construed as to confer any other or further rights under the statutes of limitation than those at present existing.

An alien will be protected in the possession of the public lands, the same as a citizen, against mere naked trespassers who do

not connect themselves with the government title. Courtney v. Turner, 12 Nev. 345.

An Act to provide for the erection and maintenance of partition fences.

Approved March 6, 1875, 146

3604. Partition fences-At joint expense. 3607. Oath of fence viewers. 3605. Fence viewers to be appointed-Report 3608. Partition fences defined-Improved lands defined.

of.

3606. Fees of justice and viewers.

3604. Partition fences at joint expense.

SECTION 1. Partition fences, between improved lands in this state, may be erected and repaired at the joint expense of the occupants, as hereinafter provided. If any person makes a fence, a partition fence, by joining to or using it as such, he must pay to the person erecting it his proportion of the expense, taking into consideration the condition of such fence at the time it is so joined to or used.

No action can be sustained for injuries done to real estate, or to crops growing thereon, by horses and cattle that are allowed

to run at large, unless the land is enclosed with a lawful fence. Chase v. Chase, 15 Nev. 259, 262.

3605. Fence viewers to be appointed: report of.

SEC. 2. If the parties cannot agree, on application, by either, to a justice of the election precinct in which such fence is, such justice must issue his order to three (3) disinterested freeholders of such precinct, not related to either of the parties, to examine such fence and to ascertain the amount to be paid to owner erecting the same; and such freeholders, on a day to be by them appointed, within ten days after the issuance of the order, of which both parties must have notice, must examine such fence, and report to the justice who issued the order the proportionate amount to be paid to the person erecting the fence; and if such amount is not paid within thirty (30) days after such report, the justice, on request of the person erecting such fence, must issue execution for such amount, with costs, as provided in the following section, to be collected and returned as other executions. If the fence viewers report that the party making the application is not entitled to any amount to be paid him, then the cost of the application shall be taxed against him, and execution shall be issued therefor.

3606. Fees of justice and viewers.

SEC. 3. The justice is entitled to one dollar for issuing the order, and the fence viewers to two dollars and fifty cents each, one-half of which is to be paid by each party; and not being paid within thirty days after the report, execution must issue therefor, with costs for issuing and serving such execution.