3498. Idem-To analyze samples. SEC. 13. The director of the Nevada agricultural experiment station shall cause to be made by the chemist of the Nevada agricultural experiment station examination and analyses of foods, liquors, and drugs on sale in Nevada suspected of being adulterated, mislabeled or misbranded, at such times and places and to such extent as said director may determine, and may appoint such agent or agents as he may deem necessary, and the sheriffs of the respective counties of the state are hereby appointed and constituted agents for the enforcement of this act, and any agent or sheriff shall have free access, at all reasonable hours, for the purpose of examining any place where it is suspected that any article of adulterated, mislabeled or misbranded foods, liquors, or drugs exist, and such agent or sheriff, upon tendering the market price of said article, if a sale be refused, may take from any person, firm, or corporation, samples of any articles suspected of being adulterated, mislabeled or misbranded, and shall deliver or forward such samples to the Nevada agricultural experiment station for examination and analysis. 3499. Samples to be divided and sealed. SEC. 14. When an agent or sheriff shall obtain by purchase a sample of a suspected adulterated, mislabeled, or misbranded food, liquor, or drug, the said article shall be divided into three parts, and each part shall be sealed by the agent or sheriff with a seal provided for that purpose. If the package be less than four pounds, or in volume less than two quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each package noted as above. One sample shall be delivered to the party from whom procured or to the party guaranteeing such merchandise, one sample shall be sent to the Nevada agricultural experiment station for examination and analysis, and the third sample shall be held under seal by the director of said experiment station. The chemist making the examination and analysis shall report to the said director a certificate of findings, and such certificate shall be admitted in evidence in all courts of this state and shall be prima facie evidence of the truths of the facts contained therein. 3500. Sheriff to obtain şamples, when. SEC. 15. It is hereby made the duty of the sheriff of any county of this state, on presentation to him of a verified complaint of the violation of any provisions of this act, at once to obtain a sample of the suspected adulterated, mislabeled, or misbranded food, liquor, or drug complained of, in such manner, and dispose of the same as prescribed in section 14 of this act. 3501. Fees for sheriff. SEC. 16. For his services hereunder the said sheriff shall be allowed the same fees for travel allowed by law to sheriffs on service of criminal process, together with such other compensation as by the board of county commissioners of his county may be deemed reasonable, and all amounts expended by him in procuring and transmitting the said samples, which fees and amounts expended shall be audited and allowed by the said commissioners and paid by his said county as other bills of said sheriff. 3502. Misdemeanor to refuse to sell samples or withhold information. SEC. 17. It shall be a misdemeanor for any person to refuse to sell to any sheriff or other agent of the Nevada agricultural experiment station, any sample of food, liquor or drug upon tender of the market price, or to conceal any such food, liquor, or drug from such officer, or to withhold from him. information where such food, liquor, or drug is kept or stored. Any such person so refusing to sell, or concealing such food, liquor or drug, or withholding such information from said officer shall be deemed guilty of a misde meanor and shall upon conviction thereof be punished by a fine not exceeding five hundred dollars or imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. 3503. Analyses may be contested. SEC. 18. When it shall appear from any such examination or analysis made by the chemist of the Nevada agricultural experiment station that such sample of food, liquor, or drug is adulterated, mislabeled, or misbranded within the meaning of this act, the director of said experiment station shall furnish a notice of the fact, together with a copy of the certificate of the findings, to the party or parties from whom the sample was obtained or who executed the guaranty as provided in this act, and a date and place shall be fixed by the director of the said experiment station at which said party or parties may be heard before the board of control of the Nevada agricultural experiment station or before two members thereof and the secretary. Parties interested therein may appear in person or by attorney and may propound interrogatives and submit oral or written evidence to show any fault or error in the findings of the chemist. If the examination or analysis be found correct, or if the party or parties fail to appear at such hearing after notice duly served, as provided herein, the director of the Nevada agricultural experiment station shall forthwith transmit a certificate of the facts so found to the district attorney of the county in which said adulterated, mislabeled, or misbranded food, liquor, or drug was found. No publication, as in this act provided, shall be made until after said hearing is concluded. 3504. Director of experiment station to report to district attorney. SEC. 19. It shall be the duty of the director of the Nevada agricultural experiment station, whenever he has satisfactory evidence of the violation of any of the provisions of this act, respecting the adulteration, mislabeling, or misbranding of foods, liquors or drugs, to report such facts to the district attorney of the county where the law is violated. 3505. Duty of district attorney. SEC. 20. It shall be the duty of the district attorney to prosecute all violation of the provisions of this act occurring within his county and which shall be reported to him under the provisions of this act. 3506. Experiment station to keep record of foods, drugs or liquors adulte rated, mislabeled or misbranded. SEC. 21. The Nevada agricultural experiment station shall keep a record of adulterated, mislabeled, or misbranded foods, liquors, or drugs, in which record shall be included a list of cases examined by the said experiment station in which violations were found and a list of the articles found adulterated, mislabeled, or misbranded and the names of the manufacturers, producers, jobbers, and sellers. Said record or any parts thereof may, in the discretion of the director, be included in the report which the said director is already authorized by law to make to the governor. The said director may, in his discretion, publish any part of said record in the bulletins and reports of said station. 3507. State pure food agent, how appointed-No compensation. SEC. 22. The governor of the state, with the Nevada agricultural experi.ment station, shall cooperate with the government of the United States for carrying out the purposes of this act, and the said experiment station may appoint, in writing, any inspector or employee of the United States department of agriculture as state pure food agent in carrying out the provisions of this act, when in their judgment it may be proper or necessary, who shall have and may exercise the powers of state agents. But no inspectors and employees of the United States department of agriculture shall be paid for their services by the State of Nevada, or any county in this state. 3508. Violation of act misdemeanor-Penalty-Food seized and destroyed. SEC. 23. Any person, firm, company, or corporation violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not less than twenty-five dollars, nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled, or misbranded within the meaning of this act, may, by order of any court or judge, be seized and destroyed. 3509. When wholesaler guarantees purity, retailer not punishable-If found adulterated, mislabeled or misbranded, duty of district attorney. SEC. 24. No dealer shall be prosecuted under the provisions of this act, when he can establish a guaranty signed by the wholesaler, jobber, or other party residing in the United States from whom he purchased such article to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this act, designating it. Said guaranty to afford protection must contain the name and address of the party or parties making the sale of such articles purchased; or a general guaranty may be filed with the secretary of the United States department of agriculture by the manufacturer, wholesaler, jobber, or other party in the United States, and be given a serial number, which number, together with the statement "Guaranteed under the Food and Drugs Act, June 30, 1906," shall appear on each and every package of goods sold under such guaranty. In case the manufacturer, wholesaler, jobber, or other party making such guaranty to said dealer resides without this state, and it appears from the examination and analysis made by the Nevada agricultural experiment station that such article or articles were adulterated, mislabeled, or misbranded, within the meaning of this act or the national pure food act, approved June 30, 1906, the district attorney must forthwith notify the attorney-general of the United States of such violation. 3510. Employer responsible for act of employee. SEC. 25. When construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person. [Sec. 26, carrying appropriation, and sec. 27, as to time of taking effect, omitted.] RAILROADS To provide for incorporation of railroad companies and management of affairs thereof, sections 3511-3570. Concerning petitions of taxpayers in aid of construction of railroads, section 3571. To prevent discrimination in rates and fares, sections 3575-3584. To promote public safety by requiring adequate train crews, sections 3588-3591. Regulating number of hours of telegraph operators engaged in handling or dispatching of trains, sections 3597-3599. Requiring railroads to give public notice of live stock killed or injured, sections 3600, 3601. Counties, cities and towns may aid, Const. 347. An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto. 3520. Powers of directors-By-laws-Proviso. 3523. Stock-Personal estate of stockhold- 3525. Certificates of stock-How issued. 3528. General powers and rights of railroad company. 3529. May change line of road. 3531. Right of way granted-Width, depots -Conveyance of land by citiesAbandonment of way, land revertsPlat transmitted to surveyor-general. state controller, and recorder-Foreign corporations to file articles with recorder. 3532. Cities may make grants-Not to apply 3533. Surveys-General rights and powers— 3535. Special proceedings to acquire real 3536. Idem-Rights of defendants. 3539. Idem-To appoint commissioners 3540. Idem-Meeting of commissioners. 3542. Idem-New trial-Report set aside. 3553. Checks on baggage refused-PenaltyFailure to deliver baggage-Damages-Evidence. 3554. Map to be filed with secretary of state. 3555. Annual reports-To be verified-What to contain. 3556. Idem-Failure of secretary of state to furnish forms-Penalty. 3557. Not to conflict with railroad commission act. 3558. Regulation of time and accommoda- 3559. Idem-Damages for violation. 3561. Conductor may eject passengers. 3563. Maximum rate for freights and faresProviso. 3564. Penalty for intoxication. 3565. Injuries to works of company-Penalty-Unlawful to excavate under without consent. 3566. Time granted for operation-Charter, when void. 3567. False notice or report-Liability forDisqualification for company office. 3568. Payment of dividends when insolventLiability-Existing companies may take advantage of this act-Acceptance to be filed in office of secretary of state. 3569. Kind of rail to be used in construction -Not to apply to street railroads. 3570. Street railroads may operate under act. 3511. Formation of railroad corporations-Conditions. SECTION 1. Any number of persons, not less than ten, either in this state or the United States, being subscribers to the stock of any contemplated railroad, may be formed into a corporation for the purpose of constructing, owning, and maintaining such railroad, by complying with the following requirements: Whenever stock to the amount of at least one thousand dollars for each and every mile of the proposed railroad shall have been so subscribed, and ten per cent in cash of the amount so required to be subscribed, shall be actually, and in good faith, paid to a treasurer, to be named and appointed by said subscribers from among their number, then the said subscribers, either in person or by written proxy, after having received at least five days notice from said treasurer of a meeting of said subscribers for that purpose, may adopt articles of association, and may elect from among the subscribers to said articles, not less than five nor more than thirteen directors. General Corporation Law, see secs. 1105 1215. May insure outside state, see sec. 1304. Assessment of, see secs. 3814 3817. See penal provisions in crimes and punishments act, secs. 6737 6750, 6753, 6755, 6777. 3512. What articles shall set forth-What articles may be signed by proxy-Affidavit of amount of stock-Denomination of shares. SEC. 2. The said articles of association shall set forth the name of the incorporation, the number of years the same is to continue in existence, which shall not exceed fifty years, the amount of the capital stock of the company, which shall be divided into shares of not exceeding one hundred dollars each, and not less than ten dollars each, as may be fixed in the articles of association, and which shall be the actual contemplated cost of constructing the road, together with the cost of the right of way, motive power, and every other appurtenance and thing for the completion and running of said road, as nearly as can be estimated by competent engineers; the names and number of the directors to manage the affairs of the company, who shall hold their offices until others are elected, as shall be provided by the by-laws of the company; the place from and to which the proposed road is to be constructed, and the counties into and through which it is intended to pass, and its length, as near as may be; each subscriber to such articles of association shall personally subscribe thereto his name, place of residence, and the number of shares of stock taken by him in such company; provided, that in case a person desirous of becoming a subscriber, but compelled to be absent from the state at the time of subscribing to such articles of association, he having duly paid the ten per cent required by law upon his subscription, may sign the same by written proxy, |