Dividing CHAP. LXXIV.-An Act to establish and define the dividing line between the Counties of Churchill and Lander. [Approved March 5, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. The east line of the County of Churchill, and the west line defined. line of the County of Lander, being the dividing line between said counties, shall be established and defined in this Act, to wit: Commencing at a point where a line drawn due north and south through the Mount Airy Station would strike the south line of the County of Humboldt, if extended; thence, in a southern-westerly direction, to the dividing ridge or center of Cone's Pass-a pass so called-in a range of mountains extending south of and including New Pass Station, called the New Pass Mountains; thence, in a southerly course, along the center of said range of mountains, to a point on the north line of Esmeralda County, immediately north of the town of Ellsworth; said line to be so fixed and established along and over the course before mentioned, as to place on the easterly [westerly] side thereof, and which shall be included in the County of Churchill, all lands which shed or flow their waters into or towards the Edwards Creek Valley, and on the easterly side thereof, and which shall be included in the County of Lander, all lands which shed or flow their waters into or towards the Smith or Smith's Creek Valley, or the Reese River Valley. CHAP. LXXV.-An Act to define and establish the boundary line between the County of Nye and the Counties of Churchill and Esmeralda. [Approved March 5, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: Boundary SECTION 1. The boundary line between the County of Nye and line defined. the Counties of Churchill and Esmeralda shall be as follows: Begin Acts repeal ed. ning at the intersection of the meridian of longitude forty and fifteen (40° 15'') west from Washington, with the eastern boundary line of California; thence, northerly, along said meridian of longitude to its intersection with the thirty-eighth (38) parallel of north latitude; thence, northwesterly, to the Hot Springs, on the Wellington and Reese River road; thence, northerly, to the thirty-ninth (39) parallel of north latitude; thence, easterly, to O'Donnell's Pass, on the Ione and West Gate Road; and, from thence, the said boundary line shall remain as heretofore established by law. SEC. 2. This Act shall take effect and be in force from and after its passage. SEC. 3 All Acts and parts of Acts, in conflict with the foregoing Act, are hereby repealed. CHAP. LXXVI.-An Act to amend an Act entitled "An Act to [Approved March 5, 1869.] The People of the State of Nevada, represented in Senate and Assembly do enact as follows: SECTION 1. Section two of said Act is hereby amended so as to read as follows: Section Two. Said parties shall be entitled to collect on said roads Rates of toll the following rates of toll: For each wagon or vehicle of any kind, forty cents; for each draft animal, fifteen cents; for each saddle animal, twenty-five cents; for each pack animal, ten cents; for each loose animal, ten cents. And the said parties shall have a lien upon all stock Lien. traveling over said road, for the toll chargeable against it. And said stock may be detained until the toll is paid, and the County Commissioners may open the gates on said road if it is not kept in passable condition; and the parties owning said road are hereby required to pay two per cent. of the net proceeds of the tolls on said road into the County to be paid Treasury for the use of the State School Fund. Two per cent. of tolls into County Treasury. CHAP. LXXVII.—An Act to amend an Act entitled "An Act to allow any person or persons to divert the waters of any River or Stream, and run the same through any Ditch or Flume, and to provide for the Right of Way through the Lands of others," approved March 3, 1866. [Approved March 5, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. Section two of said Act is amended so as to read as follows: ferred to enter upon Section Two. Any person or persons proposing to construct a ditch Right conor flume, under the provisions of this Act, shall have the right to enter upon private lands for the purpose of examining and surveying and appropriate prithe same; and where such lands cannot be obtained by the consent of vate lands. the owner or owners thereof, so much of the same as may be necessary for the construction of said ditch or flume, may be appropriated by said person or persons, after making compensation therefor as follows: Said person or persons shall select one appraiser, and said owner Compensaor owners shall select one, and the two so selected shall select a third. tion, how In case the owner or owners shall from any cause fail, for the period of five days, to select an appraiser as hereinbefore provided, then it made. shall be the duty of the appraiser selected by the person or persons proposing to construct said ditch or flume to select a second appraiser, Duty of and the two so selected shall select a third, and in either case the appraisers. three selected shall within five days after their selection, meet and appraise the lands sought to be appropriated, after having been first duly sworn by some officer entitled to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and abilTender to ity. If such person or persons shall tender to such owner or owners the appraised value of such land, they shall be entitled to proceed in the construction of the ditch or flume over the lands so appraised, notwithstanding such tender may be refused; provided, that such tender shall always be kept good by such person or persons; and provided further, that an appeal may be taken by either party from the findings of the appraisers to the District Court of the district within which the lands so appraised shall be situated, at any time within ten days after such appraisement. be made. Proviso. Appeal. Required to documents with Controller. to be filed. Power of CHAP. LXXVIII.—An Act to tax and regulate Foreign Insurance [Approved March 5, 1869.] The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: SECTION 1. After the first day of April, one thousand eight hundfile certain red and sixty-nine, it shall not be lawful for any person or firm, officer, or agent, to collect premiums of insurance in the State, in any manner, or in any capacity whatsoever, on either fire, life or inland risks, for or on account of any company, association or individual insurers, not incorporated under the laws of this State, unless such person or firm, officer or agent, shall have first filed with the Controller of the State the folDocuments lowing described documents: First-A good and sufficient power of attorney duly executed and delivered by said company or association to some person who shall be a citizen of the United States, and a citizen and resident of the State of Nevada; which power, so long as such company shall have outstanding policies of insurance in this State, shall be irrevocable, except by substitution of other person or persons qualified as aforesaid, authorizing and empowering such attorney or attorneys to accept service of all writs and process requisite and necessary to the complete acquisition of jurisdiction of such company by any of the courts of this State, or United States courts therein, and constituting such attorney or attorneys the authorized agent or agents of such company, upon whom lawful and valid service of all writs and process may be made on all actions or special proceedings instituted by or against any such company, in any of the courts in this State, and which shall be necessary to the acquisition or complete exercise of the jurisdiction aforesaid, by said courts. Second-A certified copy of the power of attorney, certificate of agency, open policy, commission, or other authority or agreement under which said person, firm, officer or Copy of power of Attorney. Third ment to ex hibit. agent shall claim to be authorized to collect premiums of insurance in this State. Third-A good and sufficient bond to be signed by the per- Bond. son or firm, officer or agent, so authorized by the power of attorney or authority as aforesaid, as principal, with two good and sufficient sureties to be approved by the Controller, in the penal sum of two thousand dollars for each fire insurance company, or one thousand dollars for each life insurance company, or three thousand dollars for each inland insurance company, association, firm or individual not incorporated under the laws of this State, for whose account it is proposed to collect premiums of insurance in this State; the conditions of such bonds to be as follows, viz: First-That the person or firm, agent or Conditions officer named therein acting on behalf of the company, association, firm of bond. or individual named therein will pay to the Treasurer of the County or City and County in which the principal office of the agency shall be located, such sum per quarter for such license or licenses as are or may be imposed by law, so long as the agency shall remain in the hands of the person or firm, officer or agent named as principal in the bond. Second--That the person or firm, officer or agent so specified as above, Same. will pay or cause to be paid to the State all stamp duties on the gross amounts insured by them in such manner and at such times as may be prescribed by law, inclusive of renewals on existing policies. Same stateThat within thirty days after the first of June, 1869, and within thirty ment. days after the first day of June in each succeeding year, the agent or officer named in the bond shall render to the Treasurer of the County in which the principal office of the agency shall be located, a statement sworn to by him, and exhibiting the gross amounts of premiums col- Same statelected by the agency, inclusive of all amounts collected by sub-agents throughout the State, for each company or association, firm or individual insurer represented by him or them respectively, from which shall be deducted the gross amounts of return premiums, which statement shall exhibit the amounts so collected during the year terminat- Same. ing on the first day of June in each year respectively, and that of [on] filing the statements, as herein required, the agent or agents or officer named in the bond, shall pay to the Treasurer of the County, or City and County aforesaid, a tax of two (2) per cent. on the amount of gross premiums, after deducting return premiums as set forth in his statement, and collected from fire and inland risks, and a tax of one (1) per cent. on the amount of premiums collected from life risks. And for the purposes of this Act all premiums shall be deemed to have been collected which have been entered upon the books of the agency. SEC. 2. For the purposes of this Act, all persons, firms, and offi- Who deemcers of companies or associations not incorporated under the laws of this State, and engaged in collecting premiums of insurance, directly or indirectly, on fire, life, or inland risks, shall be deemed to be agents of foreign insurance companies, and liable to all the provisions of this Act, and all express companies, not so incorporated as aforesaid, engaged in the carriage of treasure or merchandise from and within the Express Companies State, and insuring the same, whether themselves assuming the risks, or whether the risks be re-insured by companies or associations not chartered by this State, shall be deemed to be foreign insurers, within the meaning of this Act, and shall be required to file with the Controller a separate bond for each express company, taking risks as aforesaid, and for each foreign company or association re-insuring them on such risks. SEC. 3. Every person or firm who shall effect, agree to effect, or ed agents. When deemed foreign insurers. Separate bond. filing bond. Penalty for procure any insurance for citizens of this State, from or on account of procuring insurance any insurers or insurance companies whatever, not incorporated under without the laws of this State, after the first day of April, eighteen hundred and sixty-nine, without first having executed and filed the bond required in Section one of this Act, shall be deemed guilty of a misdemeanor, and shall on conviction thereof be fined in the sum of two thousand dollars, for each company or association on whose account such insurance shall have been effected, one half of said fine to be for the use of the State, and one half for the benefit of the informer. But nothing herein contained shall apply to sub-agents or employés of any principal agent who shall have complied with the requirements of this Act. Copy of bond to be filed with County Treasurer. When separate bond to be filed. False statement, etc. Penalties. Agent required to procure certificate of Controller SEC. 4. A copy of the bond herein required to be filed with the Controller, certified by that officer, shall be filed with the Treasurer of the county where the principal office of the agency shall be located, and shall remain on file in the office of the County Treasurer until he is notified in writing by the Controller of the termination of the agency and cancellation of the bond. SEC. 5. Whenever the same person, firm, officer or agent shall desire to collect premiums of insurance for more than one company, association or individual, not incorporated under the laws of this State, the Controller shall require a separate bond as provided in Section one, for each company or association represented by such person, firm, officer or agent. SEC. 6. If any agent or officer of a foreign insurance company, as defined in Section two of this Act, shall make any false statement, concealment or misrepresentation required by Section one of this Act, with the intent to defraud the State of revenue, he shall be deemed guilty of perjury, and shall be liable on conviction thereof, to the pains and penalties as prescribed by law for the punishment thereof. All penalties imposed by this Act shall be collected in the name of the People of this State, by the Prosecuting Attorney of the county where the offense shall be committed. SEC. 7. It shall not be lawful for any person to act within this State as agent or otherwise in receiving or procuring applications for insurance in, or in any manner aid in transacting the insurance busibefore act- ness of any company or association not incorporated under the laws ing. of this State, until he has procured a certificate from the Controller that the company for which he acts has complied with all the provisions of this Act, and for every such certificate so obtained, the sum of five dollars shall be paid to the Controller, and all policies issued or insurance taken before the issuance of such certificate shall be null and void for all purposes whatever. The sum so collected shall be paid by said Controller into the State Treasury for the use of the State School Fund. Policies, etc., void. Acts repealed. SEC. 8. All Acts, and parts of Acts, in relation to insurance companies, inconsistent with the provisions of this Act, are hereby repealed. |