repealed March 13, 1895; an act entitled "An act defining and classify- Certain acts ing transient stock and providing for the assessment, collection, and distribution of taxes on the same, and providing penalties for violation of its provisions," approved March 9, 1903; and all other acts and parts of acts in conflict herewith, are hereby repealed. CHAP. 272-An Act to amend section 163 of an act entitled "An act concerning crimes and punishments, and repealing certain acts relating thereto," approved March 17, 1911, the same being section 6428 of the Revised Laws of Nevada. [Approved March 26, 1915] The People of the State of Nevada, represented in Senate and SECTION 1. Section 163 of an act entitled "An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, is hereby amended so as to read as follows: Section 163. A libel is a malicious defamation, expressed Libel defined by printing, writing, signs, pictures, or the like, tending to blacken the memory of the dead, or to impeach the honesty, integrity, virtue, or reputation, or to publish the natural defects, of a living person or persons, or community of persons, or association of persons, and thereby to expose them to public hatred, contempt, or ridicule. Every person, whether the writer or the publisher, convicted of the offense, shall be fined in a sum not exceeding five thousand dollars, or imprisonment Penalty in the county jail not exceeding one year, or in the state prison not exceeding five years. In all prosecutions for libel the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, Jury to and was published for good motive and for justifiable ends, the intent party shall be acquitted, and the jury shall have the right to determine the law and the fact. determine For pre vention of disease in poultry, bees, agri similar commodities CHAP. 273-An Act to amend an act entitled "An act providing for the better prevention, control, and extermination of infectious, contagious and destructive diseases, parasites, and insect pests, affecting animals, poultry, bees, or agricultural or horticultural plants, trees or shrubs, injurious to any industry in the state, and other matters relating thereto; and to repeal an act entitled 'An act providing for the appointment of a state veterinarian, defining his duties and fixing his compensation-governor to appoint,' approved March 15, 1905, and all acts and parts of acts in conflict with the provisions of this act," approved March 31, 1913. [Approved March 26, 1915] The People of the State of Nevada, represented in Senate and SECTION 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. For the better prevention, control, and extermination of infectious, contagious, or destructive diseases, parasites or insect pests, affecting poultry, bees, or agricultural or horticultural plants, trees, or shrubs, injurious to any industry cultural and in the state, the governor, with the advice of the state quarantine officer, or otherwise, is hereby empowered to proclaim and enforce quarantine against any state or any portion of any state, with respect to the importation into Nevada, or against any county or any portion of any county, farm, nursery, or apiary within the state, with respect to the exportation therefrom to any other part of the state, of any poultry, bees, or agricultural or horticultural crops, products, seeds, plants, trees or shrubs, or any article (hereinafter for convenience referred to as commodity) infected with, or which may have been exposed to, infectious, contagious, or destructive diseases, or infected with parasites or insect pests, or the eggs or larva thereof, dangerous to any industry in the state; and to formulate and enforce such rules and regulations as may be necessary for the proper carrying out of the provisions of this act. The word "plants, as herein used, shall be construed to mean and include any and all farm, field, and garden crops grown in the state. The word "trees, as herein used, shall be construed to mean and include any and all fruit, shade, and ornamental trees. The word "shrubs, as herein used, shall be construed to mean and include all fruit-producing, ornamental, or useful shrubs and bushes. Certain sections repealed Sections 2, 3, and 4 of the above-entitled act are SEC. 2. SEC. 3. Section 5 of the above-entitled act is hereby amended to read as follows: Section 5. It is hereby made the duty of each and every person in the state owning, possessing, or having upon his premises, or any premises under his control, lease, supervision, antine officer of suspicious or management, any poultry, bees, or agricultural or horticul- State quartural plants, trees, or shrubs, as heretofore defined, immediately to be notified upon the appearance thereamong of any unknown disease, or diseases disease known to be, or which by him reasonably should be suspected of being, infectious, contagious, or destructive; or of any parasite or insect pest, known to be, or which by him reasonably should be suspected of being, injurious to any industry in the state, immediately to notify the state quarantine officer, and the neglect or failure so to do shall constitute a misdemeanor, and on conviction thereof the person so offending shall be fined in any sum not exceeding one hundred dollars. SEC. 4. Section 6 of the above-entitled act is hereby amended to read as follows: officer to Section 6. It shall be the duty of the state quarantine Quarantine officer to prepare, or cause to be prepared and printed, such issue bulletin circulars describing and illustrating the appearance and characteristics of such contagious, infectious, or destructive diseases, parasites, or insect pests as in his judgment is necessary and desirable. SEC. 5. Section 8 of the above-entitled act is hereby amended to read as follows: to be Section 8. If the quarantine of any county or portion of any Quarantine county, farm, nursery, or apiary is required, said state quar- established, antine officer shall immediately issue an emergency quarantine procedure order, which shall be effective for forty-eight (48) hours, at the end of which time it shall be void, unless confirmed by the governor. The state quarantine officer, or any agent appointed by him for such purpose, shall have authority to enter upon any premises for the purpose of inspection, with respect to the existence or suspected existence of any such disease, parasite, or insect pest, or the germs, eggs, or larvæ thereof, and to make such inspection as thorough as may be deemed proper without let or hindrance from the owner or person in possession or in charge thereof. SEC. 6. Section 9 of the above-entitled act is hereby amended to read as follows: officers to Section 9. When such disease, parasite, or insect pest, or Quarantine the eggs or larvæ thereof, is discovered upon any premises, have full the state quarantine officer is hereby empowered to employ power any and all means in his judgment necessary for the control, extermination, and prevention of the spread of the same. He may give explicit directions to the owner, or person in charge thereof, relating to what procedure he shall take with respect to the treatment, control, and extermination thereof and prevention of the spread of the same, and such instructions shall be mandatory upon such person, and he shall perform the same within a certain time to be specified, and the failure or refusal of any such person so to do shall constitute a misdemeanor, and on conviction thereof the person so offending shall be fined in any sum not exceeding five hundred dollars. Penalties Further duties of quarantine officer published On such failure or refusal, or with the consent of the owner or person in possession or charge thereof, or in case of emergency, or on his own initiation, he, or any agent authorized by him so to do, may enter upon such premises and take charge thereof, and conduct such treatment, control, extermination, or prevention from spreading of any such disease, parasite, or insect pest, and all costs thereof shall be borne by the owner of such premises or property. On the neglect or refusal of such owner promptly to pay the same, on presentation of an itemized bill therefor, certified to by said state quarantine officer, said cost shall attach as a lien against any property of such owner within the state, and the district attorney of the county shall forthwith proceed to levy an attachment against such property for the amount due, plus the cost of legal procedure, and collect the same by foreclosure proceedings. SEC. 7. Section 10 of the above-entitled act is hereby amended to read as follows: Section 10. Whenever in the opinion of the state quarantine officer, any general or special measures of precaution are necessary to be taken to prevent the introduction or spread of any such disease, parasite, or insect pest, beyond any premises where the same may have appeared, said state quarantine officer shall prepare explicit directions as to such measure, and notify all parties, directed to comply therewith, by letter, circular, or by publication. Where notice by publication in any county is deemed necessary by said state quarantine officer, he shall forward a copy of such notice to the chairman of the board of county commissioners of such county requesting that the same be published in one or more newspapers published in such county once a week for four consecutive weeks; and it shall be the duty of the board of county commissioners to cause the same forthNotice to be with to be so published, and the cost of such publication shall be paid by the county in the usual manner as other county advertising. And such notice, to all parties addressed, shall be mandatory for the performance of, and compliance with, such measures of precaution, according to such directions and within the time limits, if any, therein specified. It shall be the duty of the state quarantine officer to see that all persons comply therewith, and on the neglect or refusal of any so to do, promptly to notify the district attorney, with the names of the persons so neglecting or refusing. Said district attorney shall call the same to the attention of the board of county commissioners at its next succeeding meeting, and it shall be the duty of said board, and it is hereby fully authorized and empowered, to take such suitable action as in its opinion is necessary and proper to enforce the performance of, or compliance with, such measures of precaution with respect to the property or premises of each of said parties so neglecting or refusing. And in pursuance whereof said board may direct the sheriff of the county to carry out and enforce its order, and the costs thereof shall be borne by the owner of such property or premises; and on the Costs to be borne by Owners when refusal of such owner promptly to pay the same on presen- Costs a lien, tation of an itemized bill, certified to by the sheriff, said costs shall attach as a lien against any property of said owner within the state, and the district attorney of said county shall forthwith institute proceedings to foreclose such lien, together with the costs of legal procedure. CHAP. 274-An Act empowering the superintendent of public instruction, regents of the state university, and school trustees to dismiss certain employees and forbidding them to engage or employ in the educational department in a professional manner any person other than a citizen of the United States, and prohibiting the state controller and county auditors from issuing any warrants to any person other than a citizen of the United States, and providing a penalty therefor. [Approved March 26, 1915] The People of the State of Nevada, represented in Senate and and school zens or have SECTION 1. From and after the passage of this act, the All teachers superintendent of public instruction, regents of the state uni- officers must versity, and school trustees are hereby empowered and required be U. S. citito dismiss any teacher, instructor, instructress, professor, or declared president employed in the educational department of this state who is not a citizen of the United States; or who has not declared his or her intentions to become a citizen. intentions to become such officers not SEC. 2. It shall be unlawful for the superintendent of public Educational instruction, regents of the state university, or school trustees to to employ engage or hire any president, superintendent, teacher, instruc- noncitizens tor, instructress, or professor in any of the educational departments of this state who is not a citizen of the United States. SEC. 3. It shall be unlawful for the state controller or Disbursing county auditors to issue any warrants to any teacher, instructor, instructress, professor, superintendent, or president in any of the educational departments of this state who is not a citizen of the United States, or who has not complied with the provisions of section one of this act. officers not to pay salaries SEC. 4. Any person who violates section three of this act, Penalty and upon conviction in any court of competent jurisdiction, his or her bondsmen shall be held in the penal sum of one thousand dollars for the first offense, and for each and every subsequent offense they shall be held in the penal sum of twenty-five hundred dollars, to be paid into the treasury of the State of Nevada, or county treasury, as the case may be. SEC. 5. All acts and parts of acts in conflict with the Repeal provisions of this act are hereby repealed. |