person who shall, either for himself, or as agent for any company, corporation or association, violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. As amended, Stais. 1901, 18.

2241. Mark and brand unlawful if not recorded-Sales-Counterbrand.

SEC. 9. No mark, brand, or counterbrand shall be considered as lawful if not recorded as specified in this act; and all persons selling or disposing of any cattle which are not intended for slaughter, or any horses, mares, mules, jacks, or jennies, shall be required to counterbrand them on the shoulder, or give a written descriptive bill of sale; and any person failing to so counterbrand said animals, or give such written bill of sale, shall lose all benefits of this act, and all rights to use said brand as evidence in any court under this act.

The provisions of this section have no application to the use of such mark or brand in the identification of cattle as evidence in

a criminal prosecution for larceny. State v. Cardelli, 19 Nev. 320, 328 (10 P. 433).

2242. Mismarking or misbranding to defraud, a misdemeanor.

SEC. 10. Any person, who with intent to defraud, shall wilfully mismark or misbrand any stock not his own, on conviction thereof shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for the period of not less than ten days nor more than one hundred days, or a fine of not less than twenty dollars nor more than two hundred dollars, or by both such fine and imprisonment, as the court may impose. As amended, Stats. 1887, 88.

This section, before amendment, contained a provision in relation to the unlawful killing of stock and making it a felony and was therefore held unconstitutional under

the provisions of Const., sec. 277, ante, in State v. Silver, 9 Nev. 227.

This defect was cured by above amendment.

An Act regulating the use of marks and brands of stock, and the recording thereof, and providing penalties for the violation thereof and repealing all acts in conflict therewith.

Approved March 20, 1909, 128

2243. Similar brand in same place not to be used.

244. Idem - Change of record Other restrictions.

2245. Idem-Changes to be recorded without
charge.

2246. Restrictions as to recording.
2247. Penalties.,
2248. Idem.

2243. Similar brand in same place not to be used.

SECTION 1. It shall be unlawful for any person or persons, firm, association, copartnership or corporation to have a brand and mark stock therewith, upon the same place on the animal marked and branded, which brand is similarly placed on the animal branded and is similar in form and design to, or a modification of, any brand or mark recorded prior thereto, in accordance with the laws now in effect regulating the recording of marks and brands of stock.

2244. Idem-Change of record-Other restrictions.

SEC. 2. From and after the passage of this act, it shall be unlawful for any person or persons, firm, association, copartnership or corporation to mark and brand stock on the same place on the animal marked and branded, with a brand similar in form and design to, or a modification of any prior recorded brand, after having been served with a written notice by the owner of said

prior recorded brand to change the place where the similarly formed or designed or modified brand is placed on the animals branded and marked therewith, and shall place the said brand or mark upon a different place on all animals marked and branded therewith thereafter; and shall, within ninety days after receiving such written notice, have the change in the location of said brand made in the proper records in the offices of the respective county recorders where said brands are recorded.

2245. Idem-Changes recorded without charge.

SEC. 3. All such changes in the locations of brands or marks made necessary by the provisions of this act, shall be made by the respective county recorders without charge. The respective county recorders may and shall, upon the application of the owner or owners of the similarly designed or formed or modified brand, amend the original record of said brand so as to cause it to conform to the provisions of this act.

2246. Restrictions as to recording.

SEC. 4.. It shall be unlawful for any county recorder to record any mark or brand which shall be similar in form and design to any prior recorded brand, or any modification thereof, if said brand or mark is to be placed upon the same place on the animal branded or marked therewith as the prior recorded brand, to which it is similar in form and design, or a modification thereof.

2247. Penalties.

SEC. 5. Any person or persons, or the agent or agents of any firm, association, copartnership or corporation violating the provisions of sections 1 and 2 of this act, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not less than one hundred dollars nor more than three thousand dollars, or by both such fine and imprisonment. 2248. Idem.

SEC. 6. Any county recorder violating the provisions of section 4 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars.

SECTION 1. From and after the passage of this act, it shall be unlawful for stallions, of the age of two years and upwards, to run at large among the settlements of this state.

2250. Idem-Duty of persons taking up.

SEC. 2. If the owner or owners, or the agent of any owner or owners, shall permit any animal as aforesaid, contrary to the provisions of the first section of this act, to run at large in the settled portions of this state, it shall be lawful for any person to take up and confine the same, giving information to the owner or owners, or agent as aforesaid, of such seizure, if the party

or parties shall be known; or, if they shall not be known, then posting notices, conveying such information, in three of the most public places in the township or district in which the animal is taken up. If, at the expiration of ten days from the date of such information given, or of such notice posted, the owner, owners, or agent, as aforesaid, of such animal, shall not appear and legally reclaim it, by paying all the expenses that may have been incurred in the taking up, confining and keeping of the animal, then it shall be lawful for the taker up to have it emasculated at the risk and additional expense of the owner or owners.

2251. May be sold-Proceeds, how disposed of.

SEC. 3. If, at the expiration of thirty days thereafter, no such owner, owners, nor agent shall appear and legally reclaim such animal as aforesaid, then it shall be the duty of the person having possession of it to deliver the same to the constable of the township in which the animal has been found and confined, whose duty it shall be, after three days' notice of the intent, to make sale of the same to the highest cash bidder, and after paying all the necessary expenses incurred in the premises, then to pay the residue of the proceeds of such sale into the treasury of the county in which such sale shall have taken place, for the benefit of the common school fund; provided, however, that if the owner or owners of such property shall make claim to it at any time before such sale can legally be made, nothing in this act shall be construed to exempt such owner or owners from payment of all expenses incurred.

2252. Original horses not allowed to run at large-Constable may sell.

SEC. 4. No original horse shall be allowed to run at large in any of the settled portions of this state, and any owner or owners of such horse who shall permit it to run at large for the space of five days shall be liable to a forfeiture of the same. Any person shall be authorized to take up the same; and it is hereby made the duty of such person to deliver the animal, immediately, to the constable of the township in which it may be taken up, who, after twenty days' notice, by written or published notification of the intent, posted in two conspicuous places in such township, shall proceed to sell the same to the highest cash bidder; and, after all expenses incurred in the premises shall have been defrayed, the residue of the proceeds of such sale, if there be any, shall be paid into the treasury of the county in which such sale shall have taken place, to be appropriated to the common school fund.

2253. Hogs or goats trespassing.

SEC. 5. Any hog or hogs, goat or goats, found trespassing upon the premises of any person or persons in this state, may be taken up by the owner or owners of such premises, and safely kept at the expense of the owner or owners of the hog or hogs, goat or goats, so found trespassing. As amended, Stats. 1875, 146.

2254. Idem-Notices to be posted.

SEC. 6. All persons taking up hogs trespassing upon their lands, whether inclosed or not, shall, immediately thereafter, post notices in three conspicuous places in the precincts in which such persons reside, containing a description of the ear or other marks of such hogs, whereby the owners may identify them as their property.

2255. Idem-Restitution of property.

SEC. 7. If the owners of such hogs come forward within ten days of the time when such notices were posted, and prove them to be their property, the person or persons taking them up shall deliver them to such owner or

owners, upon their paying all the costs, charges, and damages sustained by reason of their trespassing.

2256. Idem-Forfeiture of property-Sale by constable.

SEC. 8. If, however, the owner or owners shall not claim the same within ten days, then the person taking up such hogs shall immediately notify a constable of the precinct wherein the trespass has been committed, and the constable shall proceed to sell, at public auction, after giving five days' notice of such sale, by posting notices in three public places in said precinct, all such hogs so taken up; provided, that the owners may prove their property and receive the same, by paying all costs and damages, at any time before such sale can take place.

2257. Idem-Arbitration of charges.

SEC. 9. If the parties cannot agree as to the amount of charges and damages, then each party may choose one disinterested person, and they may choose a third person, who shall determine the amount thereof; and should the owners not come forward, then the constable shall select three disinterested persons to determine the amount.

2258. Idem-Fees of constable.

SEC. 10. The fees of the constable, under the provisions of this act, shall be the same as allowed by law for all similar services.

2259. Surplus money paid to whom.

SEC. 11. If there shall be any surplus money arising from the proceeds of such sales, after paying all costs, charges and damages, the constable shall pay the same to the owner or owners of such hogs sold; provided, that they prove they are entitled to it within fifteen days after the sale, otherwise he shall pay it into the treasury of the county in which such sale shall have been made, taking the receipt of the treasurer for the same, for the benefit of the common school fund.

2260. Liability of constable-Misdemeanor.

SEC. 12. Any constable refusing or neglecting to pay to the county treasurer, or to the owner or owners, the surplus derived from any sale made under the provisions of this act, shall be liable for the same on his official bond, and shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars. This act cited, Chase v. Chase, 15 Nev. 259.

An Act to prohibit certain live stock from running at large upon the streets, highways or commons of the cities and towns of the State of Nevada.

Approved February 11, 1893, 19

2261. Animals not to run at large in town-Limits defined.

SECTION 1. It shall be unlawful for the owner or owners, or any person or persons having in charge any cow, calf, bull, steer, heifer, horse, gelding, mare, colt, jack, jenny, mule or any neat-foot animal, or any number of such animals, to permit or allow them to run at large within the ordinary limits of any city or town of this state between the hours of six o'clock p. m. and seven o'clock a. m. of each day, during any period of the year. Said ordinary limits shall be defined as follows: Within an incorporated city or town, the limits shall be as defined in said incorporated clause or clauses; and within a town or city not incorporated in this state, the said ordinary limits shall be defined as follows: Within such city or town with fifty or more inhabitants, the said limits shall be defined as being within a radius of half mile, radiating from the postoffice of said city or town.

2262. Duties of sheriffs and constables.

SEC. 2. It shall be the duty of the sheriff, deputy and deputies, constable and policemen of or in any town described in section 1 of this act, to impound any or all animals mentioned herein.

2263. Fine for violation.

SEC. 3. The owner or owners, agent or agents, or person or persons having charge of such animal or animals, shall be fined five dollars for each and every violation of this act, and as much more, as in the discretion of the court having jurisdiction thereof, may deem a sufficient amount to cover all damages.

2264. When animals may be impounded and sold-Disposition of proceeds. SEC. 4. Any officer, officers, person or persons named in section 2 of this act, having in his charge, after they have been impounded, any of the animals mentioned in this act, shall post a notice that such animal or animals are in his charge, and if not taken out by the owner or owners, agent or agents, person or persons in charge, by paying all costs, charges and damages, will be sold. After the expiration of ten days the officer or officers, person or persons having such animal or animals, and having given notice as aforesaid, shall post three written or printed notices in conspicuous places in the town or city where such animal or animals have been taken up, describing the same, giving all marks or brands, if any, and that such animal or animals will be sold by him to pay the charges that have, and will have accrued, against the property, and the costs. He shall sell to the highest bidder, and upon payment of the purchase money shall turn over to the buyer the animal or animals sold, and after deducting the costs of impounding and all accrued costs, including the costs of feeding, keeping and selling, shall pay the balance, if any remains, into the county treasury, where it shall remain subject to the laws governing escheats.

2265. Duty of officers.

SEC. 5. It is hereby made the duty of the several officers in this act named, to enforce its provisions, and a failure to do so shall be deemed a misdemeanor, and any officer found guilty thereof shall be fined in a sum not exceeding twenty dollars.

An Act to protect the live stock of this state from disease, and providing a penalty for driving or allowing diseased stock to run at large upon the public lands.

Approved February 19, 1887, 72

2266. Unlawful to drive diseased stock on highway.

SECTION 1. It shall be unlawful to drive any horse infected with glanders, or pink eye; any sheep infected with scab, or foot rot; and neat cattle infected with Spanish or Texas or splenic fever, or with pleuro-pneumonia; any hog infected with cholera or trichina, or any of said animals that are infected with or that have been exposed to any of the above diseases whatever, along any highway or traveled road in this state.

2267. To be enclosed or herded.

SEC. 2. The owner of any animal or animals so infected or diseased, as mentioned in section 1 of this act, or that has been exposed to any contagious disease, and the person or persons in charge thereof shall keep such animal or animals safely enclosed or securely herded upon lands owned by or held in actual possession by them under the laws of this state by the owner or person in charge of such animal or animals.