approved March four, eighteen hundred and sixty-five [p. 189], and all Acts or parts of Acts amendatory of and supplemental to said sections, and an Act amendatory of and supplemental to said above entitled Act approved March one, eighteen hundred and eighty-three [p. 91], and an Act amendatory of and supplementary to said above entitled Act, approved March three, eighteen hundred and eighty-seven [p. 101], and all other Acts and parts of Acts in so far as they conflict with the provisions of this Act, are hereby repealed.

An Act relating to the Nevada National Guard.

Approved March 6, 1899, 36.

National Guard to Consist of One Battalion.

740. SECTION 1. In time of peace the Nevada National Guard shall consist of one battalion of not more than five companies of infantry, to be allotted and stationed in such localities of the state as the necessity of the service, in the discretion of the Commander-in-Chief, may require, and he may transfer, attach, consolidate, or disband companies, and to reorganize the same as he may deem advisable.

Major.

741. SEC. 2. The battalion shall have one Major, who shall have served not less than three months as a commissioned officer in the United States Volunteers or regular army, and shall be appointed by the Commander-in-Chief.

Commissioned Staff to Consist of.

742. SEC. 3. The commissioned staff of the battalion shall consist of one Adjutant, one Quartermaster, one Assistant Surgeon and one Chaplain, each with the rank of First Lieutenant, and nominated by the Battalion Commander.

Non-Commissioned Staff.

743. SEC. 4. The non-commissioned staff of the battalion shall consist of one Sergeant Major, one Quartermaster Sergeant, one Hospital Steward and one Principal Musician, appointed by the Battalion Commander.

Company to Consist of.

744. SEC. 5. Each company shall consist of one Captain, one First Lieutenant, one Second Lieutenant, one First Sergeant, five Sergeants, eight Corporals, one artificer, one cook, one wagoner, and two musicians, and not less than forty, and not more than eighty, privates.

Age of Enlistment of Every Candidate.

745. SEC. 6. Every candidate for admission to the Nevada National Guard, except commissioned officers, must be between the ages of eighteen and forty-five years, and shall pass the physical examination required by the United States Army, and such examination shall be certified by a regular practicing physician of this state. Said certificate must accompany the application for membership. All enlisted members of the Nevada National Guard, at the date of the passage of this Act, shall, within thirty days thereafter, furnish the required certificate of physical examination, or be discharged from membership.

Repeals.

746. SEC. 7. Sections thirty-five, thirty-nine, forty, forty-two, forty-nine and fifty of "An Act relating to the National Guard and the enrolled militia," approved March 6, 1893 [p. 90]; and sections one and ten of "An Act amendatory of and supplemental to an Act entitled 'An Act relating to the National Guard and the enrolled militia,' approved March 6, 1893," approved March 18, 1895 [p. 108]; and section four of "An Act relating to the Nevada National

Guard," approved March 8, 1897 [p. 63]; and all other Acts and parts of Acts in so far as they conflict with the provisions of this Act, are hereby repealed.

An Act relating to the Nevada National Guard.

Approved March 8, 1897, 63.

Duty of County Commissioners in Relation to Military Equipments, etc.-Expense, How Paid.

747. SECTION 1. It shall be the duty of the Board of County Commissioners of any county in which public arms, accoutrements, or military stores are now had, or shall hereafter be received for the use of any companies of the Nevada National Guard, subject to approval by the Adjutant-General, to provide a suitable and safe armory for companies of the National Guard organized within such county. The expense of procuring and maintaining such armories shall be paid out of the general fund of the county, to be paid by the County Treasurer on presentation of the Auditor's certificate that such allowance has been made by the Board of County Commissioners. The Treasurer shall require duplicate receipts from the person presenting said certificate, one of which shall be forwarded to the Adjutant-General, the other thereof shall be delivered to and received by the State Treasurer as so much money and shall be considered and allowed for the full amount thereof in the settlement by the Controller and State Treasurer with the County Treasurer. Such expenses shall not exceed forty ($40) dollars per month for any company. As amended, Stats. 1899, 31.

Requirements for Support.

748. SEC. 2. No company shall be entitled to receive public money for its support unless it shall meet for drill and instruction not less than one hour, at least twice in each month, and shall practice at rifle firing twice each month during five months in each year at such ranges and targets, number and rounds under such rules and regulations as may be prescribed by the Commander-inChief.

Members Responsible for Equipments-Misdemeanor.

749. SEC. 3. Any person who shall wear or use, except when on military duty, or by special permission of his commanding officer, any arm, equipments, uniform, or other article or portion thereof of military property belonging to the state, or the company of which he is a member, or any person who shall refuse or neglect to return to his commanding officer, any state military property aforesaid, within one day after being notified by the commanding officer to make said return or to place the same in his charge, or any person who shall willfully or wantonly injure or destroy any state military property aforesaid and refuse or neglect to make good such injury or loss, or who shall sell or dispose of, secrete, or remove the same, with intent to sell or dispose thereof, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than ten nor more than one hundred dollars, together with costs of prosecution or by imprisonment in the county jail for not less than five nor more than fifty days, or by both such fine and imprisonment at the discretion of the court, to be recovered on the complaint of the Adjutant-General, or other commissioned officer, by an action brought by the District or Prosecuting Attorney, in the name of the State of Nevada, before any court of competent jurisdiction, and the money so recovered shall be paid into the state treasury as a part of the military fund.

This section supersedes Act of 1893, Stats. 1893, 62.

SEC. 4 repealed, Stats. 1899, 37.

Repealing Act.

750. SEC. 5. Sections forty-eight and sixty-five of "An Act relating to the National Guard and enrolled militia," approved March 6, 1893 [p. 90], and an

Act amendatory of and supplementary to said above entitled Act, approved March 18, 1895 [p. 108], and all other Acts and parts of Acts in so far as they conflict with the provisions of this Act, are hereby repealed.

An Act relating to military encampment.

Approved March 6, 1893, 119.

Duties of Governor as to Military Encampment.

751. SECTION 1. It shall be the duty of the Commander-in-Chief to order out the organized militia each year, or each alternate year, for not less than five days, for the purpose of military drill in camp, whenever a sufficient sum of money shall have been appropriated therefor by the legislature.

SEC. 2 obsolete.

Military Encampment, Place of Holding.

752. SEC. 3. In selecting a site for an encampment the officer in charge of the same shall obtain complete control for the entire time of the encampment of the whole of the grounds used and of as much adjoining land on each side as may be necessary; provided, that all encampments authorized by this Act shall be held at, or in the immediate vicinity of, the state capital. As amended, Stats. 1895, 87.

Penalties for Disobedience.

753. SEC. 4. When ordered out for camp duty, any active member of the organized militia, refusing or neglecting to comply with the order of his superior officer, shall be guilty of a misdemeanor, and shall be fined not less than twenty nor more than fifty dollars, or imprisonment not less than ten days, and may be expelled from the company, battalion, or regiment of which he is a member. Such fine or imprisonment may also be imposed by a justices' court.

LIVE STOCK.

An Act concerning estray animals.
Approved November 8, 1861, 22.

Estrays to Be Reported to a Justice-Procedure.

754. SECTION 1. Every person finding any stray horse, mare, colt, jack, or jenny, or any neat-foot animal, or any number of these animals, upon his farm or premises, or upon the public highway or domain, and shall take the same up for keeping, shall, within ten days, if said animal or animals remain on his farm or premises, or keeping, go before some Justice of the Peace of his township, and give, under oath, a full description of the marks and brands, color, and kind of such animal or animals, also the time, and all necessary information that will lead to the cause of the said animal or animals coming into his keeping, that may have come to his knowledge, and the marks and brands have not been altered since they came to his farm or premises; provided, no animal shall be considered an estray if the owner is known to the person finding it. At the time the taker up appears before the Justice, as aforesaid, the Justice shall, without delay, appoint two disinterested appraisers, who are resident householders of the county, to appraise and describe such animal or animals, and cause a notice of such estray or estrays, with a full description of the same, giving the brands, marks, and colors thereon, to be published once a week for two consecutive months, in a newspaper published at the county seat of the county in which the

animal or animals may be taken up, and if there be no newspapers published at the county seat, then the said notice shall be published in the newspaper nearest to the same. The said Justice shall also cause three notices to be posted of such estrays, in conspicuous places, one of which shall be the Justice's office, and the others the vicinity of the place where the estray animal or animals may have been taken up. For refusing or neglecting to comply with the provisions of this section of this Act, Justices of the Peace shall be deemed guilty of misdemeanor in office, and the taker up of such estray or estrays shall be deemed guilty of grand or petit larceny, according to the value of the estray animal or animals taken up, and, on conviction thereof, shall be punished as is provided in the law of the State of Nevada entitled "An Act concerning crimes and punishments." As amended, Stats. 1877, 90.

Record of Estray How Restored to Owner.

755. SEC. 2. It shall be the duty of the said Justice to record the description, together with full information given by the taker up, and the Justice shall, within ten days, if the estray animal or animals is or are not before proved by their proper owner, transmit a full transcript to the County Recorder of his county, and the said Recorder shall record the same in his estray book; said book shall be subject to examination by all persons making application to the Recorder, and also the estray book of the Justice of the Peace; and every person claiming and proving said estray animal or animals that has or have been posted by this Act, shall have restitution of the property so claimed, by paying all costs and such charges as may be awarded to the taker up by the Justice of the Peace of his county.

Penalty for Neglect to Comply With Act.

756. SEC. 3. Any person knowing of any horse, mare, colt, mule, jack, or jenny, or any number of neat cattle, or any number of these animals, running at large on his farm or premises, and not knowing the proper owner, who refuses or neglects to comply with the requisitions of the foregoing section, shall be subject to a fine not exceeding the value of the stock so neglected to be posted, recoverable before any court having jurisdiction of the same.

Estrays Not to Be Used.

757. SEC. 4. No person shall be allowed or permitted to use, or cause to be used, to profit or otherwise, any animal within his charge or keeping, under the foregoing provisions of this Act; and any persons failing or refusing to comply with the requisitions set forth in this section shall be deemed guilty of grand or petit larceny, according to the value of the same, and, on conviction thereof, be punished in accordance with the provisions of the Act concerning crimes and punishments. As amended, Stats. 1877, 90.

Penalty for Moving Estrays.

758. SEC. 5. The owners of any stray animal, which is legally taken up under the provisions of this Act, shall not be permitted to take, lead, or drive the same from the farm or possession of the person legally possessed of such animal, until proven and charges paid according to the provisions of this Act; and any person knowingly and willfully violating the provisions of this section, shall be subject to all the penalties that he would be subject to under the statute law, provided he had no claim on such animal.

Removing, Larceny, When.

759. SEc. 6. If any one shall remove any stray animal from any rancho, or farm, or inclosure, contrary to the provisions of this Act, who shall not be the owner of the same, he shall be deemed guilty of grand or petit larceny, according to the value of the property.

Right to Reclaim Forfeited.

760. SEC. 7. If the owner of any lost or stray animal shall not appear and

prove his property therein within three months, provided they are neat-foot animals and valued at fifty dollars and under that amount, and six months, provided they are horses, mules, or other animals, and valued at one hundred dollars and upwards, after the same is posted, he shall forfeit his right thereto, and the property in such animal shall be vested in the taker up, on his paying into the county treasury the one-half appraised value thereof, as fixed by the appraisers

as aforesaid.

Moneys Paid, How Disposed Of.

761. SEC. 8. All moneys paid into the county treasury, under the provisions of this Act as above provided, shall become a part and belong to the county school fund of the county in which the proceedings are had, and be drawn from the county treasury on proper warrant, and shall be exclusively appropriated to the county school fund, and for no other purpose.

Fees of Justice and Recorder-Costs, by Whom Paid.

762. SEC. 9. The Justice of the Peace and Recorder shall receive for their services in any one case, whether for one or more animals, two dollars and fifty cents each; and all other officers or persons shall receive for their services the same fees as are allowed for similar services within the county. All costs and charges accuring [accruing] under this Act shall be paid by the person taking up the estray animal or animals, but shall be reimbursed by the owner, upon proof and delivery of his property. As amended, Stats. 1877, 186.

Taker Up Not Liable for Escape or Death.

763. SEC. 10. If any stray animal die or escape from the possession of the taker up, at any time before the expiration of six months from the taking up, he shall not be held liable in any manner on account of such animal.

Stallions and Spanish Bulls to Be Castrated.

764. SEC. 11. That if any stallion one and a half years old or upwards, shall be found running at large, out of the enclosed ground of the owner or keeper of said horse, it shall be lawful for any person to take up such horse, and forthwith give notice to the owner or keeper thereof, if said owner or keeper be known; and if the owner or keeper do not appear within three days thereafter, and pay to the said taker up five dollars as a compensation for his trouble, the taker up shall proceed to advertise said horse; and the same proceedings shall be had in every respect, as herein before provided in cases of stray horses; provided, that the taker up may, at the expiration of twenty days from the time of advertising, castrate, or procure to be castrated, the said horse, which shall be done at the risk and expense of the owner. And all Spanish bulls of one and a half years old and upwards, found running at large, shall be castrated, or cut, as herein before provided.

Stallions.

An Act concerning unlawful stock.

Approved April 10, 1862, 9.

765. 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.

Duty of Persons Taking Up.

766. 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