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State quarantine

SEC. 7. Whenever it shall appear to the state quarantine officer that any infectious, contagious or destructive disease, officer to act parasite or insect pest affecting animals, poultry, bees or agricultural or horticultural plants, trees or shrubs has appeared in the state, injurious or threatening injury to any industry, it shall be the duty of such state quarantine officer immediately to make, or cause to be made, investigation to determine the fact and thereupon promptly to take action and adopt measures for the control and extermination thereof, and the prevention of the spread of the same; provided, that the board of county commissioners of such county shall provide for all the necessary traveling, living and other needful expenses connected therewith.

Expenses

county charge

by proclama

tion, when

SEC. 8. If the quarantine of any county or portion of any Governor to county, farm, nursery or apiary is required, said state quarquarantine antine officer shall immediately request the governor to issue proclamation therefor. The state quarantine officer, county inspector, district inspector, or any agent appointed for such purpose shall have authority to enter upon any premises for the purpose of inspection, with respect to the existence or suspected existence of any such disease, parasite or insect pest, or the germs, eggs, or larvæ thereof, and to make such inspection as thorough as may be deemed proper without let or hindrance from the owner or person in possession or in charge thereof.

County inspector

to employ means to

stamp out pests

SEC. 9. When such disease, parasite, or insect pest, or the eggs or larvæ thereof, is discovered upon any premises, the county inspector, acting under the advice and direction of the state quarantine officer, is hereby empowered to employ any and all means in his judgment necessary for the control, extermination and prevention of the spread of the same. He may give explicit directions to the owner, or person in charge thereof, relating to what procedure he shall take with respect to the treatment, control and extermination thereof and prevention of the spread of the same, and such instructions shall be mandatory upon such person, and he shall perform the same within a certain time to be specified, and the failure or refusal of any such person so to do shall constitute a misdemeanor, and on conviction thereof, the person so offending shall be fined in any sum not exceeding five hundred dollars. On such failure or refusal, or with the consent of the owner or person in possession or charge thereof, or in case of emergency, or on his own initiation, he, or any agent authorized by him so to do, may enter upon such premises and take charge thereof, and conduct such treatment, control, extermination, or prevention from spreading of any such disease, parasite or insect pest, and all costs thereof shall be borne by the owner of such premises or property. On the neglect or refusal of such owner promptly to pay the same, on presentation of an itemized bill therefor, certified to by said county

lien against

inspector, said cost shall attach as a lien against any prop- Costs, when erty of such owner within the state, and the district attorney property of the county shall forthwith proceed to levy an attachment against such property for the amount due, plus the cost of legal procedure, and collect the same by foreclosure proceedings.

officer to

circulars or

SEC. 10. Whenever in the opinion of the state quarantine state officer, any general or special measures of precaution are quarantine necessary to be taken to prevent the introduction or spread issue of any such disease, parasite or insect pest, beyond any publish premises where the same may have appeared, said state quaran- orders tine officer shall prepare explicit directions as to such measure, and notify all parties, directed to comply therewith, by letter, circular or by publication. Where notice by publication in any county is deemed necessary by said state quarantine officer, he shall forward a copy of such notice to the chairman of the board of county commissioners of such county requesting that the same be published in one or more newspapers published in such county once a week for four consecutive weeks; and it shall be the duty of the board of county commissioners to cause the same forthwith to be so published, and the cost of such publication shall be paid by the county in the usual manner as other county advertising. And such notice, to all parties addressed, shall be mandatory Notices for the performance of, and compliance with, such measures mandatory of precaution, according to such directions and within the time limits, if any, therein specified. It shall be the duty of each district inspector to see that all persons in his district comply therewith, and on the neglect or refusal of any so to do, promptly to notify the county inspector, with the names of the persons so neglecting or refusing. Said county inspector shall call the same to the attention of the board of county commissioners at its next succeeding meeting, and it shall be the duty of said board, and it is hereby fully authorized and empowered, to take such suitable action as in its opinion is necessary and proper to enforce the performance of, or compliance with, such measures of precaution with respect to the property or premises of each of said parties so neglecting or refusing. And in pursuance whereof said board may direct the sheriff of the county to carry out and enforce its order, Sheriff to act and the costs thereof shall be borne by the owner of such property or premises; and on the refusal of such owner promptly to pay the same on presentation of an itemized bill, certified to by the sheriff, said costs shall attach as a lien against any property of said owner within the state, and the district attorney of said county shall forthwith institute proceedings to foreclose such lien, together with the costs of legal procedure.

SEC. 11. All necessary printing required by said state Printing quarantine officer shall be printed at the state printing office,

not affected

and five thousand copies of any circular mentioned in section 7 of this act may be so printed, but no other printed matter shall exceed the number prescribed by law.

SEC. 12. That certain act entitled "An act regulating the Certain act sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their duties and prescribing their compensation," approved March 26, 1907, together with all acts amendatory thereof or supplemental thereto, shall not be deemed to be affected by the provisions of this act.

State

veterinarian abolished

Governor may proclaim quarantine on plants,

live stock, etc.. against any state, district or county

Words

construed

SEC. 13. An act entitled "An act providing for the appointment of a state veterinarian, defining his duties and fixing his compensation-Governor to appoint," approved March 15, 1905, and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.

CHAP. 280-An Act providing for interstate and intrastate quarantine with respect to domestic animals and other live stock, poultry, bees, and agricultural and horticultural crops, products, seeds, plants, trees or shrubs, or any article infected with, or which may have been exposed to, infectious, contagious or destructive diseases, or infested with parasites, or insect pests, or the eggs or larva thereof, dangerous to any industry in the state; and other matters relating thereto.

[Approved March 31, 1913]

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

SECTION 1. The governor is hereby authorized and
empowered to proclaim and enforce quarantine against any
state, or any portion of any state, with respect to the importa-
tion into Nevada; or against any county or portion of any
county, farm, nursery or apiary within the state, with respect
to the exportation therefrom to any other part of the state, of
any domestic animals or other live stock, poultry, bees, or agri-
cultural or horticultural crops, products, seeds, plants, trees or
shrubs or any article (hereinafter for convenience referred
to as commodities) infected with, or which may have been
exposed to, infectious, contagious or destructive diseases, or
infested with parasites, or insect pests, or the eggs or larva
thereof, dangerous to any industry in the state.
criminal proceedings arising under this act, proof that any
commodity, interdicted by proclamation of quarantine from
import or export, was imported or exported in violation of
quarantine, shall be deemed proof, within the meaning of this
act, that the same was diseased, exposed to disease, or infested
as aforesaid. The words "importation" and "exportation,'
as herein used, shall be construed to mean and include the
transportation of any such commodity by any railroad, ex-

press company or other common carrier, or by any person or persons as baggage or by vehicle or automobile, or the driving, leading or permitting to run at large of the same. The word farm, as herein used, shall be held and construed to mean and include any farm, stock range, stockyards, dairy, lot, or other premises not otherwise enumerated.

tion issued

SEC. 2. Whenever it shall appear to the governor, by Proclamapetition of any three citizens, or otherwise, that any industry on petition, in the state is endangered by importations from any other when state of any commodity mentioned in section 1 of this act; or by exportations from any county, portion of any county, farm, nursery or apiary within the state, to other parts of the state, of any such commodity, he shall at once take steps to ascertain the facts thereof, as hereinafter provided, and if in his opinion the facts so warrant, he shall by proclamation declare such state, or any portion of such state, in the first instance, quarantined from further importations into Nevada of any such commodity; or, any such county, or portion of such county, farm, nursery or apiary, in the second instance, quarantined from exportations of any such commodity to other parts of the state, until said quarantine is by him raised.

investigating

SEC. 3. The governor, in his discretion, may, in any Governor instance, appoint three competent persons as an investigating may appoint board to determine the necessity of quarantine; one at least board of whom shall be engaged in the industry endangered; one at least who shall be scientifically or technically trained with respect to the character of the disease, parasite or insect pest from which the danger arises, and the other may be any person in whom the governor reposes confidence. The members of said board in any such investigation shall be entitled to their actual traveling, living and other necessary expenses, payable from the appropriation hereinafter provided, but shall serve without salary. They shall meet forthwith at such time and place as the governor may designate, proceed to make such investigation, and report their findings and recommendations without unnecessary delay; provided, that in any instance the governor may declare quarantine without the appointment of an investigating board.

proclama

outside

SEC. 4. When quarantine is so declared against importa- Quarantine tions from any state, or any portion of a state, of any com- tion to be modity referred to in section 1 of this act, a certified copy mailed to of such proclamation shall be mailed by registered mail to parties each of the following: To the governor of such state; the United States quarantine officer having federal jurisdiction over the same character of quarantine; and to the state agent of any interstate railroad, express company or other common carrier over which, or by which, such commodity might be transported.

SEC. 5. When quarantine is declared against any county, Notice to or portion of any county, farm, nursery or apiary within the

County

authorities

violation

tion

companies not to carry infected animals or articles

state, forbidding exportations therefrom of any commodity mentioned in section 1 of this act, a certified copy of such proclamation shall be mailed by registered mail to each of the following: To the sheriff; chairman of the board of county commissioners; and county clerk of such county, and if a single farm, nursery or apiary be quarantined, to the owner or resident manager thereof. The governor may, in his discretion, cause a copy of such proclamation to be published in some newspaper of general circulation published within the county, once a week for four consecutive weeks, unless said quarantine is sooner raised, as notice to all concerned.

SEC. 6. Any person, or any officer, agent or employee of Penalties for any corporation, who shall import or export, or who shall assist in importing or exporting, as a principal or accessory, any commodity mentioned in section 1 of this act, forbidden to be imported or exported by any proclamation of quarantine, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 6285, Revised Transporta Laws of Nevada. Any railroad company, any express company, or other common carrier, which shall carry, haul or transport into Nevada from any state, or portion of any state, quarantined against, or from any county, portion of any county, farm, nursery or apiary within the state, under quarantine, to any other part of the state, any commodity mentioned in section 1 of this act, forbidden to be so imported or exported, shall be liable for any and all damages occurring by reason of such importation or exportation, and which may be recovered by action against such railroad company, express company or common carrier brought in any court of competent jurisdiction within two years after the date of such offense or offenses, if more than one. Such action shall be instituted in the name of the state, for and on behalf of the person or persons, firms or corporations suffering injury, and the attorney-general shall prosecute the same.

cooperate

authorities

SEC. 7. In so far as practicable, the governor, in directing Governor to the enforcement of quarantine, shall cooperate with the fedwith federal eral authorities. If in his opinion it be necessary for a proper enforcement of quarantine in any instance, he may temporarily appoint some competent person as quarantine officer, whose term of office shall be at the pleasure of the governor and in any event shall terminate when the quarantine is raised. Said quarantine officer, so appointed, is hereby authorized and empowered to exercise all needful authority required for the proper and efficient enforcement of quarantine; to make arrests of persons violating the same, or suspected of such violation, and to examine any premises or any shipment or consignment suspected of containing any interdicted commodity within the meaning of this act, and may open any container thereof and inspect the same. If such shipment or consignment prove to be an interdicted

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