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upon that ground, deny the same.

If the answer be not veri

fied a general denial is sufficient, but only puts in issue such allegations of the answer as are by law required to be replied to, and only the material allegations thereof.

4. No denial according to the information and belief of a party, or upon the ground that the party has no information or belief upon the subject sufficient to enable him to answer, shall be permitted where the allegation sought to be denied is presumptively within the knowledge of the party making or seeking to make such denial.

SEC. 3. Section one hundred sixteen of said act is hereby amended so as to read as follows:

demur or

Section 116. If the plaintiff fails to demur or reply to the Failure to new matter contained in the answer, constituting a defense, reply admits the same shall be deemed admitted; and if the plaintiff fails new matter to demur or reply to the counterclaim the same shall be deemed claim admitted.

SEC. 4. Section four hundred seven of said act is hereby amended so as to read as follows:

or counter

appeal when

delivery of

documents

Section 407. If the judgment or order appealed from direct Bond on the assignment or delivery of documents, or personal property, order directs the execution of the judgment or order shall not be stayed by certain or upon appeal, unless the things required to be assigned or property or delivered be assigned and placed in the custody of such officer or receiver as the court may appoint, and an undertaking be entered into on the part of the appellant, with at least two sureties, to be approved by the court or judge and in such amount as the court or judge thereof may direct, to the effect that the appellant will, if the judgment or order appealed from, or any part thereof, be affirmed, pay to the opposing party on such appeal all damages and costs caused by him by reason of such appeal and the stay of execution thereof. In lieu of the assignment and delivery, and of the undertaking herein before provided for, the appellant may enter into an undertaking, with at least two sureties, to be approved by the court or judge, and in such amount as the court or judge thereof may direct, to the effect that if the judgment or order, or any part thereof, be affirmed, the appellant will obey the order of the appellate court upon the appeal and pay to the opposing party on such appeal all damages and costs caused by reason of said appeal and the stay of execution thereon.

previous act

SEC. 5. Nothing in this act contained shall be construed Not to affect to repeal, limit or affect in any way the provisions of an act entitled "An act pertaining to the form of denials in pleadings in civil actions in the State of Nevada, approved February 28, 1913.

SEC. 6. This act shall take effect from and after its passage In effect and approval.

certain

of Lincoln

assumed by

CHAP. 213-An Act amendatory of and supplemental to an act entitled "An act creating and organizing the county of Clark out of a portion of Lincoln County and providing for its government, and to regulate the affairs of Lincoln County and Clark County," approved February 5, 1909.

[Approved March 24, 1913]

WHEREAS, Section 18 of the above-entitled act provided that Concerning at their regular meeting on the first Monday in July, 1909, floating the county commissioners of Lincoln County should ascertain indebtedness the total amount of money on hand in the county treasury, County except the funds belonging to the various precincts, cities, Clark County towns, townships and districts and also the amount of the floating indebtedness of Lincoln County, then deduct the amount of the floating indebtedness from the total amount of the money in the county treasury and apportion the amount of money remaining between Lincoln County and Clark County pro rata according to the assessed valuation of all property within the boundaries of the said counties for the year 1908, and also directing Lincoln County to pay Clark County the amount of money thus determined to be Clark County's proportion; and

to pay

Lincoln

WHEREAS, On the first Monday of July, 1909, the auditing of the funds and accounts of said Lincoln County demonstrated that the amount of the floating indebtedness of said county, theretofore incurred, was in excess of the amount of money then in the treasury of said county, and belonging to the general funds; now, therefore,

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The above-entitled act is hereby amended by adding thereto two additional sections, as follows:

Section 25. Within sixty days from the date this act becomes Clark County a law, the county of Clark in the State of Nevada, shall pay unto the county of Lincoln, in said state, as and for said Clark County's proportionate share of the certain floating indebtedshare of old ness of said Lincoln County, existing on the first Monday of indebtedness July, 1909, regardless of whether the claims or bills for such

County proportional

floating indebtedness, or any part thereof, were presented or filed or registered prior to or after said first Monday of July, 1909, and including in such floating indebtedness the amount of $1,953, which, prior to said first Monday of July, 1909, was contracted by said Lincoln County to be paid for the construction of the certain concrete vault heretofore constructed for the safe keeping of certain of the county records of said Lincoln County, which included many records affecting persons and property now of said county of Clark, that certain amount of money which bears the same proportion to the total amount of said floating indebtedness, as the total assessed valuation,

for the year 1908, of the property which, upon the division of said county of Lincoln, became and was included within the territory of said county of Clark, bears to the total assessed valuation of the whole of the property assessed for taxation in said county of Lincoln for said year 1908, and the county commissioners, county auditor and county treasurer of said county of Clark are hereby authorized and required to pay, within. sixty days from the date this act becomes a law, into the county treasury of said county of Lincoln, for said county of Lincoln, the full amount of money herein before provided to be paid by said county of Clark to said county of Lincoln.

County to

pay its

to Clark

Section 26. Within sixty days from the date this act Lincoln becomes a law, the said county of Lincoln shall pay unto the said county of Clark the total amount of all moneys now due indebtedness and owing by said county of Lincoln unto said county of Clark, County under and by virtue of the provisions of said act, of which this act is amendatory and to which same is supplemental, and, using the same proportionate basis of computation as is prescribed in the preceding section 25, said county of Lincoln, within the same time herein before specified, shall pay unto said county of Clark the total amount of all other moneys which heretofore have been paid to the county treasurer of said Lincoln County, and which rightfully belong to said county of Clark, and the county commissioners, county auditor and county treasurer of said county of Lincoln, are hereby authorized and required to pay within sixty days from the date this act becomes a law, into the county treasury of said county of Clark, for said county of Clark, such total amount of such

moneys.

SEC. 2. All acts and parts of acts in conflict with any of Repeal the provisions of this act are hereby repealed.

SEC. 3. This act shall become effective from and after its In effect passage and approval.

CHAP. 214-An Act to provide for the better preservation of public roads and highways.

[Approved March 24, 1913]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

maintained

or highways

SECTION 1. All persons, associations, firms, or corporations Ditches conducting water across any public road or highway in this so as not to state, or across any street or alley in any unincorporated town injure streets of this state, for domestic, mining, agricultural, or manufacturing purposes, is hereby required to construct, repair and maintain, at their own expense, good and substantial culverts, as the case may be, over such crossings, and shall in no case, allow any stream of water, diverted from its natural channel, to flood or wash any public road, or any street or alley in

Built

according to approved plans

Duty of

chairman of

missioners to see law is

observed

any unincorporated town of this state. The construction and repairing of said bridge or culvert shall be performed according to a standard plan and specifications to be prescribed by the board of county commissioners of the county wherein said crossing is situated, and the work of construction or repairing shall be approved by said board.

SEC. 2. It is hereby made the duty of the chairman of the board of county commissioners to at once notify the party or county com- parties violating the provisions of this act to make such construction or repair as may be necessary; and, if such person or persons, firm, association, or corporation shall refuse or neglect to make the same for a period of five days, after receiving such notice, then it shall be the duty of the chairman of the board of county commissioners to immediately cause the necessary construction or repairing to be made according to said standard plan and specification, and to submit in duplicate to the board of county commissioners and the district attorney, itemized bills for the expense so incurred, which should be allowed and paid as other bills against the road fund of the district in which said construction or repairing is made, and, in case there be no moneys in the said fund, then out of any moneys in the general fund not otherwise appropriated.

liable for

SEC. 3. Any person, association, firm, or corporation, ownDitch owners ing, leasing, operating, or controlling any flume, ditch, canal, construction or any aqueduct conducting water across any public road or and repairs highway in this state, or across any street or alley in any

commenced, when

unincorporated town in this state, for domestic, mining, agricultural, or manufacturing purposes, shall be liable for the amount of the expenses incurred by the chairman of the board of county commissioners in the construction or repairing of the said bridge or culvert, to be recovered by a civil action.

SEC. 4. It shall be the duty of the district attorney receiving Legal action such bill of expense, as provided in section 2 of this act, to immediately commence an action in any court of competent jurisdiction, for the recovery of such an amount as is set forth in the itemized bill of expense aforesaid, together with the cost of the suit.

Disposition

of money collected

Repeal

Exception

SEC. 5. All moneys collected, after paying costs of suit, shall be returned and paid into the fund from which the original bill of expense named in section 2 of this act, shall have been allowed and paid by the board of county commissioners.

SEC. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed; provided, that nothing in this act shall be construed to repeal an act entitled "An act to protect public roads and highways from damage by water, and to provide a penalty for a failure to do so, approved March 18, 1911.

CHAP. 215—An Act to require the sprinkling of dusty ore and rock in mines and ore-houses, compelling the installation of devices therefor, and providing a penalty for violation thereof.

[Approved March 24, 1913]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

in mines and

SECTION 1. Every corporation, company, owner or operator Sprinklers of a mine in this state shall equip all chutes from which dusty for dusty ore ore or rock is taken with a sprinkler or other device with ore-houses which to effectively dampen said ore or rock to prevent the escape of dust into the air during removal, providing that whenever in the opinion of the inspector of mines the installation of said device in any property is impracticable he shall have the power to exempt such property.

device

SEC. 2. Whenever a sprinkling device is installed at any Workman to chute for the purpose of preventing the escape of dust it shall operate be so placed that it can be operated by the workman loading cars from such chute.

to be used

SEC. 3. Every ore-house where dusty ore or rock is sorted, shall Clean water be supplied at all times with suitable clean water, which shall be used for the purpose of sprinkling said ore or rock to allay the dust. Nothing in this act shall apply to mines employing Operation of less than ten men or to chutes that are loaded in the open air. act limited SEC. 4. Any corporation, company, owner or operator who Penalties for fails or refuses to install the sprinkling or watering device noncomplihereinabove provided for shall be 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 by imprisonment in the county jail not more than six months, or by both such fine and imprisonment.

ance

SEC. 5. This act shall take effect and be in full force from In effect and after ninety days next following its passage and approval. June 24, 1913

CHAP. 216-An Act to provide for the transfer of children from one school district to an adjoining school district in the same county, and other matters properly related thereto.

[Approved March 24, 1913]

The People of the State of Nevada, represented in Senate and
Assembly, do enact as follows:

may be

school

SECTION 1. Any board of school trustees is authorized and When pupils empowered to make arrangements with the board of school transferred trustees of an adjoining district in the same county for the from one attendance of children in either district that may be most con- district to venient for such children, whenever the parent or parents, guardian or guardians of said children shall present a written

another

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