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Swine not to be free commoners.

Owners of

swine respon

sible for iwice the value of property destroyed.

Damages.

An Act to prohibit swine from running at large and being free

commoners.

Approved March 2, 1885, 50.

747. SECTION 1. It shall be unlawful for any person or persons, who are the owner or owners, or who may have charge of any swine within this state, to allow them to run at large and be free commoners.

748. SEC. 2. Any swine belonging to any person or persons, or under the charge of any person or persons, that shall break into any yard, flower or vegetable garden, or in any inclosure whatever, or shall root up or destroy any pasture, field, or growing grass for hay purposes, or any kind of growing crop whatever, whether the same be inclosed or not, such person or persons, owner or owners, shall be subject to such damages as shall be equal to twice the value of the property broken into, eaten up or destroyed.

749. SEC. 3. SEC. 3. All actions for damages arising under the provisions of this Act shall be tried and determined in the court having jurisdiction thereof, as in other cases made and provided.

750. SEC. 4. This Act shall take effect and be in force from and after thirty days after its approval.

Unlawful for swine, goats or sheep to

in city or

town limits.

May be impounded.

Owners may

An Act relating to trespass of swine, sheep, and goats.

Approved March 5, 1885, 60.

751. SECTION 1. It shall be unlawful for any swine, sheep, goat or goats, to run at large, or the owner or owners, or any person or persons, having in charge any swine, sheep, goat or goats, to permit or allow them to run at large within the ordinary limits of any city or town of this state, 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, which contains one hundred or more inhabitants, the said limits shall be defined as being within a radius of one mile, radiating from the postoffice of said city or town.

752. SEC. 2. It shall be the duty of any Constable, and the privilege of any citizen of or in any town described in section one of this Act, to impound any swine, sheep, goat or goats.

753. SEC. 3. The owner or owners, agent or agents, be fined. having jurisdiction over, or charge of, any swine, sheep, goat

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or goats, shall be fined five dollars for each and every violation
of this Act, and as much more as in the wisdom of the court
having jurisdiction may deem a sufficient amount to cover all
damages.

pounded

754. SEC. 4. Any Constable, person or persons having in Manner in his charge, after they have been impounded, any swine, sheep, which imgoat or goats, shall post a notice that such animal or animals animals ma are in his charge, and if not taken out by the owner will be sold. be sold. After the expiration of ten days the person 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 it, and 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 damages and costs of sale, shall pay the balance, if any remains, into the county treasury, where it shall Escheats. remain subject to the laws governing escheats.

1 be in force

d goats.

swine, sheep. wners, or any

sheep, goat or ithin the ording any period ed as follows: s shall be as and within a said ordinary a city or town,

the said limits mile, radiating

Constable, and n described in sheep, goat or

ent or agents, ne, sheep, goat

An Act to prevent the driving of stock from their ranges.

Approved November 21, 1861, 32.

be driven.

733. SECTION 1. That no person shall be permitted to stock not to lead, drive, or in any manner remove, any horse, mare, colt, jack, jenny, mule, or any head of neat cattle, or hog, sheep, goat, or any number of these animals, the same being the property of another person, from the range on which they are permitted to run in common, without the consent of the owner thereof first had and obtained; provided, the owner of any such animals, as aforesaid, finding the same running on the herd grounds or commons, with other animals of the same, may be permitted to drive his own animal or animals, together with such other animals as he cannot conveniently separate from his own, to the nearest and most convenient corral, or other place for separating his own from other animals, if he, in such case, immediately, with all convenient speed, drive all such animals, not belonging to himself, back to the herd ground from which he brought such animals.

Penalty for

756. SEC. 2. Any person violating the provisions of the foregoing section, shall be guilty of a misdemeanor, and, on driving. conviction thereof, shall be punishable by a fine of not less than twenty nor exceeding five hundred dollars, or imprisonment not exceeding six months nor less than thirty days, or both such fine and imprisonment, discretional with the court having jurisdiction of the same.

197

Marks, brands and counter

An Act to regulate marks and brands of stock.

Approved February 27, 1873, 99.

757. SECTION 1. Owners of horses, mules, cattle, sheep, brands. goats, or hogs, running at large, must have a mark or brand, and counterbrand, different from any one in use by any other person, so far as may be known.

To be recorded.

Fees for.

Transcript of marks and brands.

Penalty for

neglect. how recovered.

Stock, when to be branded

Evidence.

758. SEC. 2. Every such owner shall record with the Recorder of his county, his mark, brand, and counterbrand, by delivering to said Recorder his mark, cut upon a piece of leather, and his brand and counterbrand burnt upon it, and the same shall be kept in the Recorder's office; a certified copy thereof made by the Recorder, with the seal of his office attached thereto, shall be deemed evidence on the trial of any action in a court of competent jurisdiction, as to the ownership of all animals legally marked or branded as hereinafter provided. The Recorder shall enter in a book to be kept by him for that purpose, a copy of said marks, brands, and counterbrands, provided that such Recorder shall be satisfied that such brand and counterbrand tendered to him for record is unlike any other mark, brand, or counterbrand in the county, or as far as his knowledge extends, is different from any other in the state. For recording the mark, brand, and counterbrand, and transmitting the same as hereinafter provided, the Recorder shall be entitled to demand and receive two dollars.

759. SEC. 3. It shall be the duty of every Recorder in this state to transmit to the Recorders of the adjoining counties, a transcript of all the marks, brands, and counterbrands recorded in his office, which shall be filed by any such Recorders in their offices, and reference thereto shall be made in every case of application for the record of marks and brands under this Act.

760. SEC. 4. Any Recorder knowingly and willfully neglecting or refusing to comply with the provisions of this Act, shall forfeit and pay for every such neglect or refusal, any sum not less than twenty-five nor more than one hundred dollars, to be recovered before any Justice of the Peace of said county where such neglect or refusal may occur, by any person suing therefor, together with all costs and damages that may occur by such neglect or refusal.

761. SEC. 5. Every person shall brand his horses and mules, and mark and brand his cattle before they are twelve months old, and mark his sheep, goats, and hogs before they are six months old. On the trial of an action as provided in section two of this Act, to recover possession of any animal which is marked or branded as provided in this Act, the mark and brand shall be primary evidence that the animal belongs to the owner or owners of the mark or brand, and that he, she, or they were entitled to the possession of the said animal at the time of the commencement of the action.

762. SEC. 6. No person shall use more than one mark, But one mark brand, or counterbrand; provided, however, this shall not and brand to extend to those persons who are the owners of more than one ranch or farm.

using brand

763. SEC. 7. If any person shall use any mark, brand, or Penalty for counterbrand, other than the one recorded by him, except by not recorded. the consent of the owner of such other mark, brand, or counterbrand, he shall be liable to forfeit and lose to any person suing therefor, the stock so marked or branded with any other than his proper mark or brand recorded by him.

prohibited.

764. SEC. 8. No person shall be allowed to use a mark Certain marks by cutting off the ear, or by cutting the ear on both sides to a point; all persons who may have now such marks, shall be obliged to alter them with respect to the cattle, sheep, and hogs they may have to mark, after the passage of this Act.

brand unlaw

763. SEC. 9. No mark, brand, or counterbrand shall be Mark and considered as lawful if not recorded as specified in this Act; ful, when. 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 Counterto so counterbrand said animals, or give such written bill of brand or bill sale, shall lose all benefits of this Act, and all rights to use said quired. brand as evidence in any court under this Act.

of sale re

mismark or

running at

766. SEC. 10. If any person who, with the intent to de- Felony to frand, or willfully mismark or misbrand any stock not his own, brand, or to or kills any stock running at large, whether branded, marked, kill stock or not, shall, on conviction thereof, be deemed guilty of felony, large. and shall be punished by imprisonment in the state prison for a term not less than six months nor more than five years. 767. SEC. 11. This Act shall take effect from and after the Act to take first day of May, eighteen hundred and seventy-three.

effect, when.

CHAPTER VII.

WILD GAME AND FISH.

SECTION.

768. To encourage the propagation of fish. 774. To enforce provisions of above Act. 775. For the better preservation of fish.

786. Supplemental to preceding Act.

788. For the better preservation of wild game.

795. To promote the propagation of bob white quail. 797. For the destruction of noxious animals.

Cultivation

and propa gation of fish

An Act to encourage the artificial cultivation and propagation of fish in the State of Nevada.

Approved March 7, 1873, 163.

768. SECTION 1. Any person or persons now engaged, or who shall hereafter engage in the artificial cultivation and encouraged. propagation of fish in the State of Nevada, shall have the right to locate, hold, and occupy a tract of land not exceeding one hundred and sixty acres of the public domain of the United States, or of the State of Nevada, including any and all streams, creeks, springs, and waters thereon, and shall have and maintain an action for the sole and uninterrupted possession thereof, subject to the conditions hereinafter set forth; provided, that such location or occupation shall not be made upon any portion of the public domain aforesaid which may be occupied or rights to land entered for purchase under existing laws, nor interfere in any manner with the existing rights of appropriators of the waters of any spring or other watercourse rising upon or flowing through said land.

Existing

not to be

interfered

with.

Location to be recorded.

Improvements, what necessary to be made.

Prior right to purchase land

769. SEC. 2. The person or persons locating any ground, rivers, creeks, ponds, or springs, for the purpose of engaging in the cultivation of fish, shall, within three months from the date of commencing improvements thereon, file with the Recorder of the county in which such ground, river, creek, pond, or spring may lie in whole or in part, a statement in writing, setting forth the exterior boundaries of said claim, which said boundaries may be designated by natural or artificial objects, with a further statement that it is the intention of the parties thereto to engage in the cultivation and propagation of fish on the premises therein described.

770. SEC. 3. The person or persons making locations under this Act shall, within three months from the date of filing said statement of intention, do, or cause to be done, upon the land selected, labor, or place improvements thereon to the amount of two hundred dollars, and from and after the filing of said notice and performance of said labor, or placing of said improvements thereon, the said claimants, their heirs, or assigns, shall have and maintain the exclusive right to the possession thereof.

771. SEC. 4. Should any claim, as aforesaid, be made upon any unsurveyed lands of the United States, and subsequently thereto, on survey of said lands by the general government, shall be found to be in any section which the State of Nevada may have a right to purchase or select under any law of Congress donating lands to the State of Nevada, the claimant or claimants thereto shall have a prior right to purchase the same from the state for the period of six months from the date of such government survey, at the rate of one dollar and twentyfive cents per acre.

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