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κ1901 Statutes of Nevada, Page 17κ

 

LAWS OF THE STATE OF NEVADA

PASSED AT THE

TWENTIETH SESSION OF THE LEGISLATURE

 

1901

 

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CHAPTER 1

Chapter I.–An Act to create a Legislative Fund.

 

[Approved January 25, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and per diem of members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective Houses thereof, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specially appropriated, the sum of thirty-five thousand ($35,000) dollars, which shall constitute the Legislative Fund.

      Sec. 2.  The State Controller is hereby authorized and required to draw his warrant on said fund, in favor of the members and attaches of the Senate and Assembly, for per diem, mileage, stationery allowances, compensation and incidental expenses of the respective Houses, when properly certified to him, in accordance with law, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund, at the adjournment of the Legislature, shall revert to the General Fund.

 

 

 

 

 

 

 

State Treasurer required to set apart money.

 

 

 

 

Controller authorized to draw warrant.

 

 

 

Excess to revert to General Fund.

 

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κ1901 Statutes of Nevada, Page 18κ

CHAPTER 2

 

 

 

 

 

 

 

 

$400 appropriated for arms and burglar alarms.

 

 

Capitol Commissioners authorized.

Controller authorized.

Chap. II.–An Act to provide arms and electric alarms in the Capitol building for the better protection of the State Treasury.

 

[Approved February 11, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of four hundred ($400) dollars is hereby appropriated out of any money in State Treasury not otherwise appropriated for the purpose of purchasing arms for use in Capitol building and placing electric alarms in State Treasurer’s office and other offices in Capitol building, said alarms to connect with office of Sheriff of Ormsby county and such other places as may be deemed necessary.

      Sec. 2.  The Board of Capitol Commissioners are hereby authorized to purchase arms and place said electric alarms as required by section one of this Act.

      Sec. 3.  The State Controller is hereby authorized to draw his warrant for said sum or sufficient thereof to meet said expenses, and the State Treasurer is hereby directed to pay same.

 

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CHAPTER 4

 

 

 

 

 

 

 

 

 

Destruction of wild horses repealed.

Chap. IV.–An Act to repeal an Act entitled “An Act authorizing the destruction of wild unbranded horses, mares and colts, over the age of twelve months, found running at large on Government range lands,” approved March 9, 1897.

 

[Approved February 18, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Act of the Legislature of the State of Nevada entitled “An Act authorizing the destruction of wild unbranded horses, mares and colts, over the age of twelve months, found running at large on Government range lands,” approved March 9, 1897, is hereby repealed.

 

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CHAPTER 5

 

Chap. V.–An Act to amend section eight of an Act entitled “An Act to regulate marks and brands of stock,” approved February twenty-seventh, eighteen hundred and seventy-three.

 

[Approved February 18, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section eight of said Act is hereby amended so as to read as follows:

      Section eight.  No person, company, corporation, or association shall be allowed to use a mark made by cutting off more than half of the ear,

 


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κ1901 Statutes of Nevada, Page 19 (CHAPTER 5)κ

 

ation shall be allowed to use a mark made by cutting off more than half of the ear, measuring from the tip or extreme outer limit of the ear towards the animal’s head, or by cutting the ear on both sides to a point. All companies, corporations, associations or individuals who may now be using such marks are hereby required to change the same immediately after the passage of this Act. Any person who shall, either for himself, or as agent for any company, corporation or association, violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

Limiting size and shape of marks on ears of stock.

 

 

 

Misdemeanor.

Penalty.

 

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CHAPTER 6

Chap. VI.–An Act to amend an Act relating to marriage and divorce, approved November 28, 1861.

 

[Approved February 18, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Amend section four of said Act to read as follows:

      It shall be lawful for any ordained or licensed minister of any religious society or congregation within this State who has or hereafter may obtain a license for that purpose, as hereinafter provided, or for any Judge of a District Court in his district, or Justice of the Peace in his county, to join together as husband and wife all persons not prohibited by this Act; provided, that the persons herein authorized to perform said marriage ceremony shall first receive the license previously issued, as hereinafter provided, to the persons wishing to be married. Any minister of the gospel upon producing to the District Court of any county, or district within this State, credentials of his being a regular ordained or licensed minister of any religious society or congregation, shall be entitled to receive from said court a license authorizing him to solemnize marriages within this State so long as he shall continue a regular minister in such society or congregation. It shall be the duty of any minister, licensed to solemnize marriages as aforesaid, to produce to the County Clerk in every county in which he shall solemnize any marriage his license so obtained, and the said Clerk shall thereupon enter the name of such minister upon record as a minister of the gospel duly authorized to solemnize marriages within this State, and shall note the Court from which such license issued, for which service no charge shall be made by such Clerk.

 

 

 

 

 

 

 

 

 

Licensed minister or Judge, or Justice to perform ceremony.

 

Proviso.

 

 

Regular minister authorized to solemnize marriages, when.

 

 

County Clerk to enter minister’s name upon record.

 


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κ1901 Statutes of Nevada, Page 20 (CHAPTER 6)κ

 

 

within this State, and shall note the Court from which such license issued, for which service no charge shall be made by such Clerk. The record so made or the certificate thereof by the said Clerk, under the seal of his office, shall be good evidence that said minister was duly authorized to solemnize marriages.

 

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CHAPTER 7

 

 

 

 

 

 

 

 

Appropriation for copying Senate Journal.

 

 

Secretary of State to certify.

Chap. VII.–An Act to provide for copying the Journal of the Senate for Twentieth Session.

 

[Approved February 18, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred ($100) dollars is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to Miss Annie Fay for copying the Journal of the Senate for the Twentieth Session of the Nevada State Legislature, for the State Printer.

      Sec. 2.  Upon receipt of a certificate from the Hon. Eugene Howell, Secretary of State, that the Journal of the Senate for the Twentieth Session of the Nevada Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Miss Annie Fay, named in section one of this Act, for the said sum of one hundred ($100) dollars, and the State Treasurer shall pay the same.

 

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CHAPTER 8

 

 

 

 

 

 

 

 

Relating to opium and liquor in State Prison.

 

Misdemeanor.

Chap. VIII.–An Act to prohibit the selling or disposing of opium or intoxicating liquors to convicts of the Nevada State Prison.

 

[Approved February 18, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall not be lawful for any person or persons to sell, give away, or smuggle in, to any convict of the Nevada State Prison, any opium, spirituous or other alcoholic liquors.

      Sec. 2.  Any violation of section one of this Act shall be deemed a misdemeanor, punishable by fine, or imprisonment in the county jail of Ormsby county, or both. The fine to be not less than $250 nor more than $500 dollars; and the imprisonment to be not less than three months nor more than six months.

 


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κ1901 Statutes of Nevada, Page 21 (CHAPTER 8)κ

 

imprisonment to be not less than three months nor more than six months.

      Sec. 3.  This Act shall not be construed to prohibit the Warden of the Nevada State Prison from supplying the convicts therein with any opiate or liquor that may be prescribed by the Prison Physician.

      Sec. 4.  This Act shall take effect from and after its final passage.

 

Warden to prohibit.

 

 

To take effect.

 

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CHAPTER 9

Chap. IX.–An Act to amend an Act entitled “Senate Substitute for Assembly Bill No. 99–An Act relating to the duties, salaries and compensation of county and township officers of Storey county, Nevada,” approved March 11, 1899.

 

[Approved February 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of said Act is hereby amended so as to read as follows:

      Section one.  From and after the first Monday in January, A. D. nineteen hundred and one, the following named officers within Storey county, Nevada, shall receive in full payment, for all services rendered by them, the following salaries: The Sheriff, for services as Sheriff and ex officio Assessor, shall receive the sum of eighteen hundred dollars a year; the Sheriff as ex officio Assessor may appoint not to exceed one Deputy Assessor for the period of fifty days each year, who shall receive four dollars for each day’s service performed, Sundays excepted. The Sheriff may appoint a Deputy Sheriff, who shall be jailer. The Deputy Sheriff, for services as jailer, shall receive twelve hundred dollars a year. The County Clerk and ex officio County Treasurer shall receive eighteen hundred dollars a year. The County Clerk and ex officio County Treasurer may appoint one deputy for thirty days in each year, whose salary shall be four dollars per day for each day’s actual service. The County Recorder, for services as County Recorder and ex officio County Auditor, shall receive the sum of fifteen hundred dollars a year. The District Attorney and ex officio County Superintendent of Schools shall receive the sum of fifteen hundred dollars a year. The County Commissioners shall each receive the sum of three hundred and sixty dollars a year for performing all the duties imposed by law. The Justice of the Peace of Township Number One shall receive the sum of nine hundred dollars a year, and such fees in civil cases only as are now allowed by law; provided, such Justice of the Peace shall have no claim against the county for services rendered in civil or criminal cases.

 

 

 

 

 

 

 

 

 

 

Salaries of Storey county officers and deputies.

 

 

 

 

 

 

 

 

 

 

 

County Commissioners.

 

Justice of the Peace.

 


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κ1901 Statutes of Nevada, Page 22 (CHAPTER 9)κ

 

 

Constable.

 

 

To take effect.

have no claim against the county for services rendered in civil or criminal cases. The Constable of Township Number One shall receive seven hundred and twenty dollars a year; provided, such Constable shall have no claim against the county for services rendered in civil and criminal cases.

      Sec. 2.  This Act shall take effect from and after its passage; and it shall be construed to regulate and authorize the payment of the salaries fixed in section one to the officers therein named, from and after the first Monday of January, 1901.

 

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CHAPTER 10

 

 

 

 

 

 

 

 

Appropriation for copying Assembly Journal.

 

Secretary of State to certify.

Chap. X.–An Act to provide for copying the Journal of the Assembly for the Twentieth Session.

 

[Approved February 23, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred and fifty ($150) dollars is hereby appropriated out of the Legislative Fund of the State Treasury to be paid to Hattie Foley for copying the Journal of the Assembly for the Twentieth Session of the Nevada State Legislature, for the State Printer.

      Sec. 2.  Upon the receipt from Eugene Howell, Secretary of State, that the Journal of the Twentieth Session of the Nevada Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Hattie Foley, named in section one of this Act, and the State Treasurer shall pay the same.

 

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CHAPTER 11

 

 

 

 

 

 

 

Duties of District Judges.

 

Chap. XI.–An Act concerning the duties of District Judges in this State.

 

[Approved February 23, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be and is hereby made the special duty of all District Judges in this State to give in charge to the Grand Juries, whenever Grand Juries are impaneled in their respective Courts, the full text of the statutes of this State in reference to the erection of guide-boards on public roads and highways.

 

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κ1901 Statutes of Nevada, Page 23κ

CHAPTER 12

Chap. XII.–An Act appropriating two hundred dollars for the watering and care of the Grand Army Cemetery at Carson City, Nevada.

 

[Approved February 23, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of two hundred dollars is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, for the purpose of watering and the care of the Grand Army Cemetery at Carson City, Nevada.

      Sec. 2.  Annually on the first Monday in September, nineteen hundred and one and nineteen hundred and two, the State Board of Examiners shall audit and allow the Post Quartermaster of the Grand Army Post at Carson City, Nevada, the sum of one hundred dollars, on the filing with the said Board of Examiners, by the said Post Quartermaster, the claim and sworn statement that the amount had been expended as provided in section one of this Act.

      Sec. 3.  The State Controller is hereby authorized and required to draw his warrants in favor of said Post Quartermaster, for the sums named in this Act, and the State Treasurer is hereby authorized and required to pay the same.

 

 

 

 

 

 

 

 

Appropriation for care of G. A. R. cemetery

 

Board of Examiners to audit.

 

 

 

 

Duties of Controller and Treasurer.

 

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CHAPTER 13

Chap. XIII.–An Act relating to nickel-in-the-slot machines and providing a penalty for carrying on or playing against such machine or device.

 

[Approved February 23, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Every person who deals, plays or carries on or conducts, either as owner or employee, whether for hire or not, any nickel-in-the-slot machine or similar device which can be played for money, checks, cigars, drinks or prizes representing value, and every person who plays or bets at or against such nickel-in-the-slot machine, or similar device, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars, nor more than one hundred ($100) dollars or by imprisonment in the county jail not less than twenty-five nor more than fifty days, or by both such fine and imprisonment.

      Sec. 2.  The District Attorney of the county shall receive fifty ($50) dollars for each conviction of any person charged with violating the provisions of section one of this Act, which sum shall be taxed as costs in the action; but in no case shall such costs be a charge against the county.

      Sec. 3.  The full amount of all fines and costs imposed and collected under the provisions of this Act, save that portion which is to be paid to the District attorney as provided in section two, shall be paid into the State Treasury as provided by law.

 

 

 

 

 

 

 

 

Prohibiting nickel-in-the-slot machines.

 

 

Misdemeanor.

Punishment.

 

 

Fee for District Attorney.

 


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κ1901 Statutes of Nevada, Page 24 (CHAPTER 13)κ

 

To pay into State Treasury.

and collected under the provisions of this Act, save that portion which is to be paid to the District attorney as provided in section two, shall be paid into the State Treasury as provided by law.

      Sec. 4.  This Act shall take effect and be in full force from and after its approval.

 

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CHAPTER 14

 

 

 

 

 

 

 

 

Preamble.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to payment of claim of Bullion and Exchange Bank by Lyon county.

 

 

 

Duties of Auditor and Treasurer of Lyon county.

Chap. XIV.–An Act to authorize and empower the Treasurer of Lyon county to pay to the Bullion and Exchange Bank of Carson City, Nevada, the sum of two hundred forty-seven dollars and fifty cents, money advanced by said bank in payment of coupons detached from bonds issued by said Lyon county, said coupons having been lost or destroyed.

 

[Approved February 23, 1901.]

 

      Whereas, On or about the fifth day of December, eighteen hundred and ninety-nine, the Bullion and Exchange Bank, a corporation, doing business at Carson City, Nevada, in behalf of Lyon county, detached and paid one coupon each from nine Lyon county bonds, numbered, respectively, twenty, twenty-one, twenty-two, twenty-three, twenty-eight, twenty-nine, thirty, thirty-one and thirty-two, of the value of twenty-seven dollars and fifty cents, each, or the aggregate value of two hundred forty-seven dollars and fifty cents, the said sum being for accrued interest due on said nine bonds for the year eighteen hundred and ninety-nine;

      Whereas, Said coupons, after such payment by said Bullion and Exchange Bank, were lost or accidentally destroyed, thereby preventing the cashier of said bank from returning the same to the County Treasurer of Lyon county for proper cancelation, and preventing the said bank from receiving the sum of money advanced in payment and redemption of said coupons for said Lyon county; therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The County Treasurer of Lyon county is hereby authorized and empowered, and it shall be his duty, on presentation to him of a good and sufficient bond, duly executed by the proper officers of the Bullion and Exchange Bank, of Carson City, Nevada, together with a proper receipt, describing the coupons lost or destroyed by said bank, and paid and redeemed by it for said Lyon county, to pay to the proper officer or officers thereof the sum of two hundred forty-seven dollars and fifty cents, in gold coin, out of the Redemption Fund of said Lyon county.

      Sec. 2.  The County Treasurer of Lyon county, on receiving the bond and receipt, as provided in section one of this Act, and after the payment of the money therein provided, shall deliver the said receipt to the County Auditor of said Lyon county, who shall credit said County Treasurer with the sum of money specified therein, in the same manner and in the same respect as if the said coupons had been paid and canceled by said County Treasurer, and surrendered to said County Auditor.

 


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κ1901 Statutes of Nevada, Page 25 (CHAPTER 14)κ

 

the sum of money specified therein, in the same manner and in the same respect as if the said coupons had been paid and canceled by said County Treasurer, and surrendered to said County Auditor.

      Sec. 3.  This Act shall take effect immediately upon and after its passage.

Duties of Auditor and Treasurer.

 

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CHAPTER 15

Chap. XV.–An Act separating the offices of Sheriff and Assessor in Lander county, and providing that the persons elected to said offices shall receive the compensation and fees now allowed by law for performing the duties and services pertaining to each of said offices.

 

[Approved February 26, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  On and after the first Monday in January, 1903, the offices of Sheriff and Assessor in and for Lander county in this State shall be distinct and separate offices, and at the general election, to be held in the State of Nevada in the year 1902, there shall be elected in the said county of Lander, one person as Sheriff of said county, and one person as Assessor of said county, each of whom shall enter upon the duties of his respective office on the first Monday in January, 1903, and shall hold office for the term of two years, and until his successor shall have been elected and qualified.

      Sec. 2.  The Sheriff and Assessor of Lander county shall each receive as compensation for performing the duties of their respective offices the salaries and such fees as are now allowed by law for the performance of the services and duties pertaining to said offices respectively.

      Sec. 3.  All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed.

 

 

 

 

 

 

 

 

 

 

Lander county Sheriff and Assessor separate offices.

 

 

In January, 1903.

 

Compensation.

 

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CHAPTER 16

Chap. XVI.–An Act to provide for the collection, arrangement, and display of the products of the State of Nevada at the Pan-American Exposition, to be held in the City of Buffalo and State of New York, from May first to November first, one thousand nine hundred and one, and to make an appropriation therefor.

 

[Approved February 26, 1901.]

 

      Whereas, It is of great importance that the natural resources, industrial development and general progress of the State of Nevada should be fully and creditably displayed to the world at said Exposition; therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

 

 

 

 

 

 

Preamble.

 


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κ1901 Statutes of Nevada, Page 26 (CHAPTER 16)κ

 

Pan-American Exposition.

 

Three Commissioners to be selected by the Governor.

 

 

 

 

 

 

Ladies’ Auxiliary Board.

 

Manager of exhibit.

 

Compensation.

 

 

 

Board to have power to sell, when.

 

 

 

Relative to shipment of articles.

 

 

 

 

Freight and express charges free

To be attractive and creditable to the State.

      Section 1.  That the State of Nevada, together with its citizens, shall be exhibitors at the Pan-American Exposition, to be held in the city of Buffalo, and State of New York, during the year 1901.

      Sec. 2.  That there is hereby created a Board of Commissioners to be known as the Pan-American Exposition Commissioners of Nevada. Such Board shall be composed of three members. They shall be selected by the Governor, as being thoroughly familiar with the resources and products of the State, their business experience and executive skill, and they shall be citizens of the State of Nevada. They shall serve the State without pay, but are empowered to elect one of their number as Manager of said exhibit who shall receive the pay prescribed in this Act. They shall hold their offices from the day of their appointment until December 31, 1901, unless sooner removed for cause by the Governor, and in case of such removal, or their death, or inability, or refusal to act, their successors shall be appointed by the Governor. Any ladies appointed by the Governor as an Auxiliary Board shall be ex officio members of the State Board of Commissioners.

      Sec. 3.  The person appointed by the Board of Commissioners as Manager of the State of Nevada Exhibit at Buffalo under this Act shall not be entitled to any compensation for his services out of the State Treasury, excepting his actual expenses for transportation and the sum of eight dollars thirty-three and one-third cents per day for his subsistence for each day he is necessarily absent from his home in the actual discharge of his duties as Manager of said exhibit.

      Sec. 4.  After the close of said Exposition, the said Board shall have power to sell such parts of the exhibit as may be advantageous and to the benefit of the State, and shall deposit the proceeds in the General Fund of the State Treasury, and shall also return to the owners such exhibits as may be loaned for exhibition purposes, free of cost to said owners.

      Sec. 5.  All counties, districts, or individuals desiring to send articles to such Exposition may do so by having the same delivered in good order for shipment at such town as may be designated by the Board of Commissioners, where they shall be received by the Commission and carefully stored in some suitable and safe building until the proper time for shipment to such Exposition, and said Commission shall forward all such articles as they may deem worthy of exhibition to Buffalo. The freight or express charges from said points to and from Buffalo shall be paid by the Commission out of the fund hereinafter appropriated.

      Sec. 6.  It shall be the duty of such Board of Commissioners to send as many articles for exhibition as possible and the members thereof shall give their personal attention to the making of an attractive and creditable exhibition for the State.

 


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κ1901 Statutes of Nevada, Page 27 (CHAPTER 16)κ

 

      Sec. 7.  To carry out the provisions of this Act, the sum of five thousand dollars, out of any money in the General Fund in the State Treasury, or which may be hereafter therein, is hereby taken out of the said General Fund and made into one known as the Pan-American Exposition Fund. All expenditures of money from said fund shall be under the direction and control of the said Board of Commissioners to the Pan-American Exposition.

      Sec. 8.  Said fund hereby created may be drawn upon by said Board of Commissioners of Nevada in advance of actual expenditure, when made to appear to be necessary, upon application to and approval of the State Board of Examiners of this State, properly certified by said Board of Examiners, to the State Controller, who shall threupon draw his warrant for the amount on the State Treasurer, payable out of the Pan-American Exposition Fund, in favor of the Board of Pan-American Exposition Commissioners for the State of Nevada, and the Treasurer shall pay the same.

      Sec. 9.  All claims against this State for the expenditure of moneys under the provision of this Act shall be certified by the Chairman of the Board of Pan-American Exposition Commissioners of Nevada to the State Board of Examiners, and the latter Board, if it approve, shall certify said claim or claims to the State Controller.

      Sec. 10.  When any advance is made, as in this Act provided for, the State Controller shall charge the amount to the Board of Pan-American Commissioners of Nevada, aforesaid, and any part of the Pan-American Exposition Fund created by this Act, not expended as herein provided, shall revert to the General Fund of the State of Nevada.

Money expended under direction of Board.

 

 

 

 

Duties of State Board of Examiners.

 

Duty of Controller.

 

 

 

Claims to be certified to State Board of Examiners for approval.

 

Can draw in advance.

 

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CHAPTER 17

Chap. XVII.–An Act to regulate the sale of meat of any equine animal.

 

[Approved February 26, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any person to sell the meat of any equine animal, without informing the purchaser thereof, at the time of such sale, that said meat is the meat of an equine animal. Any person found violating the provision of this section shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not exceeding fifty dollars, or imprisoned in the county jail not more than twenty-five days, or by both such fine and imprisonment.

      Sec. 2.  It shall be unlawful for any person peddling the meat of any equine animal, who is not the keeper of any shop or meat market, to sell such meat without having in his possession then and there, and upon request exhibiting the hide of such animal containing the brand and other marks thereon.

 

 

 

 

 

 

 

Sale of meat of equine animals.

 

Penalty.

 

 

Peddlers to exhibit hides of equine animals.

 


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κ1901 Statutes of Nevada, Page 28 (CHAPTER 17)κ

 

Violation a misdemeanor.

the hide of such animal containing the brand and other marks thereon. Any person violating the provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding fifty dollars, or imprisoned in the county jail not more than twenty-five days, or by both such fine and imprisonment. This bill shall take effect from and after its passage.

 

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CHAPTER 18

 

 

 

 

 

 

 

 

 

County of Washoe to issue bonds for fire purposes, not to exceed $15,000.

 

Bonds, how prepared.

 

Coupons for interest.

 

 

To negotiate sale of said bonds.

 

 

 

To be of denomination of $1,000 each.

To bear interest.

 

Payable semi-annually.

When County Treasurer to redeem.

 

Fund created.

Chap. XVIII.–An Act to authorize the County Commissioners of the County of Washoe to issue bonds on the property of the Town of Reno for fire purposes, and other matters relating thereto.

 

[Approved February 26, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  For the purpose of purchasing a fire engine house, a fire alarm system, and a fire hose wagon and horses, and other necessary belongings and equipments, the County Commissioners of Washoe county are hereby authorized and empowered, to issue bonds in the name of the county of Washoe, not to exceed in amount fifteen thousand dollars.

      Sec. 2.  The Commissioners shall cause such bonds to be prepared and they shall be signed by the Chairman of the Board, countersigned by the County Clerk, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so they may be removed without injury to the bond, consecutively numbered, and signed by the County Treasurer.

      Sec. 3.  The Commissioners of Washoe county are hereby authorized to negotiate the sale of said bonds, at not less than their face value, the proceeds of which shall be placed in the county treasury, and kept in the Reno town funds of said county, and shall be expended for the use and benefit of the Reno Fire Department as herein provided.

      Sec. 4.  The said bonds shall be of the denomination of one thousand dollars each, and numbered consecutively, shall be payable to bearer, and have attached thereto interest coupons representing the several installments of interest to fall due thereon, and shall bear interest at the rate of not to exceed five per cent per annum, payable semi-annually to wit: January first and July first of each year.

      Sec. 5.  On the first day of January, A. D. 1903, and every twelve months thereafter, the County Treasurer of Washoe county shall redeem one of said bonds, until all of said bonds have been fully taken up and redeemed.

      Sec. 6.  For the purpose of creating a fund for the payments of the bonds hereby authorized, the Board of Commissioners of Washoe county is hereby empowered and directed to include in the levy each year, commencing in the year (1901) nineteen hundred and one,

 


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κ1901 Statutes of Nevada, Page 29 (CHAPTER 18)κ

 

year (1901) nineteen hundred and one, for Reno town purposes, a tax upon the assessed value of all real and personal property, not exempt from taxation, within the limits of said town of Reno, sufficient to pay all of such bonds and interest, as the same may become due and payable, until the same shall have been fully paid; and such additional tax shall be kept by the County Treasurer for the purposes herein mentioned, and shall not be diverted to any other purpose whatever until all such bonds and interest shall have been fully paid.

      Sec. 7.  The “Town of Reno,” within the meaning of this Act, is meant and intended to cover and include all property now or which may hereafter be included within the limits of, or made a part, of said town.

County Commissioners to include in the tax levy.

 

 

 

 

Meaning of “Town of Reno.”

 

 

________

 

CHAPTER 19

Chap. XIX.–An Act to require the acceptance and collection of grants, devises, bequests, donations and assignments to the State of Nevada.

 

[Approved February 26, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  That whenever any grant, devise, bequest, donation or gift or assignment of money, bonds or choses in action or of any property, real or personal, shall be made to this State, the Governor is hereby directed to receive and accept the same, so that the right and title to the same shall pass to this State; and all such bonds, notes or choses in action or the proceeds thereof when collected, and all other property or thing of value, so received by the State as aforesaid, shall be reported by the Governor to the Legislature, to the end that the same may be covered into the public treasury, or appropriated to the State University or to the public schools, or to State charities as may be hereafter directed by law.

      Sec. 2.  That whenever it shall be necessary to protect or assert the right or title of the State to any property so received or derived as aforesaid, or to collect or reduce into possession any bond, note, bill or chose in action, the Attorney-General is directed to take the necessary and proper proceedings and to bring suit in the name of the State in any Court of competent jurisdiction, State or Federal, and to prosecute all such suits, and is authorized to employ counsel to be associated with him in such suits and actions who, with him, shall fully represent the State and shall be entitled to reasonable compensation out of the recoveries or collections in such suits and actions.

 

 

 

 

 

 

 

 

Relating to bequests.

 

 

To pass to the State.

 

 

To be covered into public treasury.

 

To protect the title of the State.

Attorney-General to take necessary proceedings.

 

To employ counsel.

 

 

________

 

 


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κ1901 Statutes of Nevada, Page 30κ

CHAPTER 20

 

 

 

 

 

 

 

 

Apportionment of Senators and Assemblymen.

Chap. XX.–An Act reapportioning Senators and Assemblymen of the several counties to the Legislature of the State of Nevada.

 

[Approved February 26, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The apportionment of Senators and Assemblymen in the several counties of this State shall be as follows:

      Churchill county, one Senator and one Assemblyman.

      Douglas county, one Senator and one Assemblyman.

      Elko county, two Senators and four Assemblymen.

      Esmeralda county, one Senator and two Assemblymen.

      Eureka county, one Senator and two Assemblymen.

      Humboldt county, two Senators and three Assemblymen.

      Lander county, one Senator and two Assemblymen.

      Lincoln county, one Senator and three Assemblymen.

      Lyon county, one Senator and two Assemblymen.

      Nye county, one Senator and one Assemblyman.

      Ormsby county, one Senator and three Assemblymen.

      Storey county, one Senator and four Assemblymen.

      Washoe county, two Senators and seven Assemblymen.

      White Pine county, one Senator and two Assemblymen.

      Sec. 2.  Nothing in this Act shall be construed so as to affect the term of office of Senators and Assemblymen now in office.

 

________

 

CHAPTER 21

 

 

 

 

 

 

 

 

For payment of deficiencies.

Chap. XXI.–An Act to pay the deficiencies in the appropriations for the years 1899 and 1900.

 

[Approved February 27, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of one thousand four hundred and thirty-eight dollars and sixty-three cents ($1,438 63) is hereby appropriated out of any moneys in the General Fund of the State for the payment of the deficiencies in the appropriations for the years A. D. 1899 and 1900, as follows:

      Wm. Kayser, $3 50; P. A. Wagner, $3 60; Mrs. Lopez, $2 50; J. H. Krober & Co., $8 85; The Thaxter Drug Store, $1 00; Frank Golden Jewelry Company, $4 00; Charles Crippen, $30 00; T. R. Hofer, Jr., P. M., $2 50; Bancroft-Whitney Company, $3 00; Jo. A. Roberts, $3 00; J. M. Benton, $25 50; Geo. H. Meyers, 50 cents; V. and T. Railroad Company, $8 65; H. G. Bath, (Cap. grounds), $8 00; H. G. Bath, $50 00; J. M. Benton, $6 00; J. W. Berry, $3 00; Herb. Robinson, $3 00; H. G. Bath, $8 00; Mrs. Lopez, $2 50; P. A. Wagner, $18 05; Chas. Crippen, $7 50; J. M. Benton, $26 35; Ada Torreyson, $12 00; Jo. A. Roberts, $3 50; Jo. A. Roberts, $2 00; C. W. Friend, $20 00; E. J. Walsh,

 


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κ1901 Statutes of Nevada, Page 31 (CHAPTER 21)κ

 

J. Walsh, $2 70; Mrs. Lopez, $2 50; J. M. Benton, $24 80; J. Benton, $3 00; Wells, Fargo & Co., $3 48; C. H. Maish, $5 00; P. A. Wagner, $5 80; H. G. Bath (C. G.), $8 00; J. H. Krober & Co., $16 80; John McCrimmon, $2 50; F. W. Day, C. E., $117 20; C. H. Maish, $6 00; Wm. Keyser, $17 50; Thaxter Drug Store, $4 15; Well, Fargo & Co., $7 36; Wells, Fargo & Co., $6 65; P. A. Wagner, $9 25; T. G. Farrer, $5 00; J. Saffell, 50 cents; S. B. Cohen, $11 40; Frank Golden Jewelry Company, $5 00; Mrs. Lopez, $2 50; J. M. Benton, $7 75; H. G. Bath (C. G.), $8 00; J. S. Burlingame, J. & G., $40 00; Frank W. Woodward, $40 00; Jos. Considine, $40 00; Cal. Inst. D. D. and B. (D. D. B.), $386 59: C. C. C. Gas Co. (S. F. & L.), $15 50; J. Doane (C. & E.), $16 50; Ada Torreyson, $3 00; H. Millard, $50 00; Elect. Lt. & P. Co., $21 00; John Catton, $5 50; E. Burlington, $18 08; Peterson & Springmeyer, $10 52; J. H. Martin, $27 72; Davis & Kirman, $9 00; J. Kelly & Co., $2 65; J. E. Richardson, $8 90; Joe Josephs, $6 25; The Emporium, $22 50; S. B. Cohen, $20 58; A. Bergman, $8 75; E. E. Carney, $5 00; S. Haisch & Co., $105 00; J. Morris, $26 25.

      Sec. 2.  The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same.

For payment of deficiencies.

 

 

 

 

 

 

 

 

 

 

 

 

Controller to draw warrants.

 

________

 

CHAPTER 22

Chap. XXII.–An Act providing for the establishment of a free public kindergarten school in Reno School District, Number Ten, Washoe County, Nevada, and to provide a tax levy for the purpose of maintaining the same.

 

[Approved March 1, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of School Trustees of Reno School District, Number Ten, of Washoe county, Nevada, shall, on or before the first day of March, A. D. 1901, and each year thereafter certify to the Board of County Commissioners of Washoe county, Nevada, the amount of money which will be required to support and maintain a free, public kindergarten school in said school district for the same period the other public schools of the said school district are kept open for public instruction and affording sufficient accommodations for all of the children of kindergarten age residing within the said school district as may be prescribed by the regulations of the said Board of School Trustees.

      Sec. 2.  Upon the receipt of such certification the Board of County Commissioners of Washoe county, Nevada, shall levy a special tax rate upon all of the taxable property within the said school district sufficient to raise the amount of money certified to by the said Board of School Trustees, and the taxes thereby raised shall be used solely for the support and maintenance of a free public kindergarten school within said school district, except as hereinafter provided.

 

 

 

 

 

 

 

 

 

Free public kindergarten in Reno.

School Trustees to certify to County Commissioners.

 

 

 

 

Commissioners to levy special tax.

 


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κ1901 Statutes of Nevada, Page 32 (CHAPTER 22)κ

 

 

 

 

Kindergarten under control of Trustees of Reno school district.

 

 

 

When Act not operative.

 

 

 

 

Not subject to taxation.

of money certified to by the said Board of School Trustees, and the taxes thereby raised shall be used solely for the support and maintenance of a free public kindergarten school within said school district, except as hereinafter provided.

      Sec. 3.  The said free, public kindergarten school, the premises and building upon and in which the same is supported and maintained, and the funds by which the same is sustained, shall all be as fully and completely under the supervision, control and management of the Board of School Trustees of Reno School District, Number Ten, Washoe county, Nevada, as are the other free, public schools within the said district.

      Sec. 4.  This Act shall not be operative after the year A. D. 1901 unless the use of a suitable building and grounds shall be donated by private or corporate benefaction, free from charge or expense, to the Board of School Trustees of said district, and should no such donation be made by the first day of Septembr, A. D. 1901, the money derived from the tax levy herein designated for the year A. D. 1901 shall be merged into the general school fund of said school district.

      Sec. 5.  Any premises and buildings, the use of which is donated by private or corporate benefaction for the free, public kindergarten school hereinbefore designated, shall not be subject to taxation so long as the same are used exclusively for the purposes of the said school.

 

________

 

CHAPTER 23

 

 

 

 

 

 

 

 

 

 

 

Duties of Board of Education.

 

Uniform series of text books to be adopted.

 

Alcoholic stimulants.

Chap. XXIII.–An Act to amend an Act entitled “An Act to define the constitution, organization, powers and duties of the State Board of Education, and matters properly connected therewith,” approved March 14, 1899.

 

[Approved March 2, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section four of the above-entitled Act is hereby amended so as to read as follows:

      Section four.  The powers and duties of the Board shall be as follows:

      First-To prescribe and cause to be adopted a uniform series of text books in the principal studies pursued in the public schools, to wit: Reading, writing, arithmetic, spelling, language, grammar, geography, history of the United States, physiology and drawing. Special prominence shall be given in all public schools to the effect of alcoholic stimulants and of narcotics upon the human system. No school district shall be entitled to receive its pro rata of the public school money unless such text books on the above subjects as have been prescribed by the State Board of Education shall be used in all the public schools pursuing subjects covered by said text books; and text books shall not be changed oftener than once in four years.

 


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κ1901 Statutes of Nevada, Page 33 (CHAPTER 23)κ

 

covered by said text books; and text books shall not be changed oftener than once in four years. For the schools in which the Trustees may direct instruction to be given in additional branches, there shall also be prescribed text books in algebra, geometry, physics, astronomy, physical geography, chemistry, Latin, rhetoric, literature, English history, general history, civics, geology, bookkeeping, and music.

      Second-To adopt a uniform system of rules for State and county examinations.

      Third-To prescribe and cause to be adopted the course of study in the public schools.

      Fourth-To recommend a list of books for district libraries.

      Fifth-To grant, first, life diplomas; second, State educational diplomas, valid for six years; third, State high school certificates, unlimited to those graduates from the School of Liberal Arts of the Nevada State University who have elected at least two University courses in pedagogics; fourth, State high school certificates, valid for five years, to graduates of the Nevada State Normal School who have completed the four years’ course of study; fifth, State grammar school certificates, valid for five years, to graduates of the Nevada State Normal School, who have completed the three years’ course of study.

      Sixth-To revoke for immoral conduct, or evident unfitness for teaching, any State diploma or any State or county certificate.

      Seventh-To have done by the State Printer any printing required by the Board, such as the proceedings of the State Teachers’ Institute, circulars of information to school officers or teachers, and blank forms.

      Eighth-To adopt and use in authentication of its acts an official seal.

      Ninth-To keep a record of its proceedings, which shall be published biennially in the report of the Superintendent of Public Instruction.

      Tenth-State educational diplomas may be issued to such persons only as have held a State certificate of high school grade, or a county certificate of high school grade, for at least one year, and shall furnish satisfactory evidence of having been engaged successfully in teaching at least forty-five months in the public schools, twenty months of which must have been in Nevada. Every application for an educational diploma must be accompanied by a certified copy of a resolution adopted by the Board of School Trustees of the district in which the applicant has taught at least one year. An educational diploma shall entitle the holder thereof to teach in any public school in the State of Nevada without any further examination.

      Eleventh-Life diplomas may be issued on all and the same conditions as educational diplomas, except that the applicant must furnish satisfactory evidence of having been successfully engaged in teaching seventy-two months in public schools, twenty-four of which must have been in Nevada.

Other text books.

 

 

 

 

Uniform examinations.

Course of study.

 

Empowered to grant certain diplomas.

 

 

Graduates Nevada State Normal School.

 

 

 

To revoke diplomas.

 

Printing.

 

 

Seal.

Proceedings published.

 

State educational diplomas.

 

 

 

 

 

 

 

Life diplomas.

 


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κ1901 Statutes of Nevada, Page 34 (CHAPTER 23)κ

 

 

 

 

Graduates of Nevada State Normal School.

 

 

 

 

 

 

 

 

 

 

Grammar grade life diploma.

 

Appellate jurisdiction.

 

Studies in which applicant shall be examined.

 

May renew or make valid certain grade certificates.

May grant a State certificate of equivalent grade.

 

 

Graduates of Nevada State Normal School entitled.

successfully engaged in teaching seventy-two months in public schools, twenty-four of which must have been in Nevada. A life diploma shall entitle the holder thereof to teach in any school in the State of Nevada without any further examination.

      Twelfth-To the graduates of the Nevada State Normal School who hold State high school certificates, the State Board of Education shall grant a life diploma of high school grade when said graduates shall have completed at least forty-five months of successful instruction in public schools. To all graduates of the Nevada State Normal School who hold a State grammar school certificate, the State Board of Education shall grant a life diploma of the grammar grade when said graduates shall have completed at least forty-five months of successful instruction in public schools. The State Board of Education shall also issue a diploma of the grammar grade to all persons who hold in full force and effect, and who have held for at least one year, a county or State certificate of the grammar grade, and who shall present satisfactory evidence of having been successfully engaged in teaching in public schools for a period of seventy-two months, twenty-four of which must have been in the public schools of the State of Nevada. A grammar grade life diploma shall entitle the holder thereof to teach in any primary or grammar school in the State without further examination.

      Thirteenth-To have appellate jurisdiction over all questions relating to schools and referred to County Boards of Examination.

      Fourteenth-To prescribe in what studies shall be examined an applicant for a county high school certificate valid for four years; an applicant for a county grammar school certificate valid for three years, and an applicant for a county primary certificate valid for two years.

      Fifteenth-Upon the recommendation of the County Superintendent of the county in which the applicant resides, the State Board of Education may renew a high school or grammar certificate, or make it valid in any county in the State of Nevada.

      Sixteenth-Upon presentation to them of a life certificate of any State or of the diploma of any State Normal School, the Board may grant a State certificate of equivalent grade without examination, valid for three years or less; provided, that since the issuing of such certificate or diploma the applicant has been continuously or successfully engaged in teaching.

      Seventeenth-Graduates of the Nevada State Normal School, who have taught successfully for the time specified in this Act, on or before January 1, 1900, shall be entitled to life diplomas of undesignated grade.

      Eighteenth-All Acts and parts of Acts in conflict with this Act, are hereby repealed.

 

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κ1901 Statutes of Nevada, Page 35κ

CHAPTER 24

Chap. XXIV.–An Act separating the offices of Treasurer and Assessor in White Pine county, and fixing the salaries of said offices.

 

[Approved March 2, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  On and after the first Monday in January, 1903, the offices of Treasurer and Assessor in and for White Pine county, in this State, shall be separate and distinct offices. At the general election in nineteen hundred and two, there shall be elected in said county of White Pine, one person as Treasurer of said county, and another person as Assessor of said county, each of whom shall enter upon the duties of his respective office on the first Monday in January following, and shall hold office for the term of two years, and until his successor shall have been elected and qualified.

      Sec. 2.  The Treasurer of White Pine county shall receive a salary of seven hundred dollars per annum as full compensation for all services rendered by himself and deputies.

      Sec. 3.  The Assessor of White Pine county shall receive a salary of twelve hundred dollars per annum as full compensation for all services rendered as such Assessor.

 

 

 

 

 

 

 

 

Treasurer and Assessor of White Pine county to be separate offices.

 

 

 

 

Salary of Treasurer.

 

 

Salary of Assessor.

 

________

 

CHAPTER 25

Chap. XXV.–An Act granting to persons and corporations the right to supply electric power, heat and light to the inhabitants of counties, cities and counties, cities, and towns of the State of Nevada, and granting to such persons and corporations the right to construct and maintain poles and wires on the county roads and highways and in the streets of said cities, cities and counties, cities, and towns of this State, and to conduct electricity over said wires, and providing for the punishment of obstruction, hindrance, or damage thereto.

 

[Approved March 2, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The right is hereby granted to any person or corporation incorporated under the laws of this State, or under the laws of any other State but doing business in this State after compliance with the laws of this State concerning foreign corporations, to supply electric power, heat and light to the inhabitants of the counties, cities and counties, cities, and towns of this State and that to carry out said purpose, the right is hereby granted to such persons or corporations to construct and maintain poles and wires on the county roads and highways and in the streets of said cities, cities and counties, cities, and towns of this State, together with all the necessary appurtenances, and to conduct electricity over said wires and appurtenances,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to foreign corporations supplying electric power.

 


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κ1901 Statutes of Nevada, Page 36 (CHAPTER 25)κ

 

 

 

Relating to electric poles

 

 

To be kept in good repair.

 

To be of modern construction.

 

Any person obstructing guilty of misdemeanor.

 

Franchise to continue for 25 years.

 

 

 

Agreement on behalf of corporation.

 

Royalty to be paid.

 

 

 

Statement to be filed annually with County Recorder.

wires and appurtenances, to any part of said towns, cities, cities and counties, and counties, for the purpose of furnishing electric power, heat and light; provided, that said poles shall not be so placed upon said roads, highways or streets, as to impede travel thereon, and shall be not less than forty-five feet above the ground in cities and towns, but shall be placed as nearly to the sides of said roads, highways, and streets as is possible consistent with the uses of the poles.

      Sec. 2.  Such persons or corporations shall keep their plants, poles, wires and necessary appurtenances in good repair so as not to interfere with the passage of persons or vehicles or the safety of persons or property.

      Sec. 3.  The appurtenances of said plants shall be of the most approved construction for the comfort and convenience of the inhabitants of said counties, cities and counties, cities, and towns of this State.

      Sec. 4.  Any person willfully obstructing, hindering, or damaging said plant, poles, wires or appurtenances shall be guilty of a misdemeanor and shall be punished according to the laws of the State of Nevada in such cases made and provided.

      Sec. 5.  The franchise and privilege hereby granted shall continue for the period of twenty-five years from and after the date of filing a notice of intention on behalf of such persons or corporation to supply such electric power, heat and light to said inhabitants, in the office of the County Recorder of the county in which such persons or corporation intends to supply said electric power, heat and light, accompanied by an agreement on behalf of such person or corporation that he or it will annually pay to such county, city and county, city, or town, two per cent of the net profits made in furnishing said electric power, heat or light; provided, that such person or corporation shall commence the construction of their plant or pole lines or necessary appliances within three months after filing said notice of intention and agreement and continue the same to completion with reasonable diligence; and, provided further, that an affidavit sworn to by such person or by the President or Secretary of such corporation containing a full statement as to the receipts and expenditures of said person or corporation in the furnishing of said electric power, heat and light, for the twelve months next preceding, be annually filed in the office of said County Recorder.

 

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κ1901 Statutes of Nevada, Page 37κ

CHAPTER 26

Chap. XXVI.–An Act to prohibit herding or grazing of sheep within three miles of any town or village.

 

[Approved March 2, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any person to herd or cause to be herded or grazed, any number of sheep on any unoccupied land within a radius of three miles of the postoffice of any town or village that has a population of fifty or more persons; provided, that this shall not apply to sheep driven to railroad to be shipped or sheared.

      Sec. 2.  Any person who, for himself, or as agent or employee of any other person, firm, corporation, company or association, shall violate the provisions of section one of this Act shall be deemed guilty of a misdemeanor and shall upon conviction thereof, be punished by a fine in any sum not less than fifty dollars nor more than two hundred dollars for each and every offense, or by imprisonment in the county jail for a period of not less than twenty-five days nor more than one hundred days, or by both such fine and imprisonment as the Courts may order.

 

 

 

 

 

 

 

 

Unlawful to herd sheep within three miles of any town.

 

When guilty of a misdemeanor.

 

________

 

CHAPTER 27

Chap. XXVII.–An Act to amend an Act entitled “An Act to provide for free public libraries and other matters relating thereto” approved March 16, 1895, as amended March 1, 1897.

 

[Approved March 2, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of said Act is hereby amended so as to read as follows:

      Section one.  Whenever in any county in the State of Nevada of over seven thousand inhabitants a petition or petitions for the establishment of a free public library, certified by the District Judge of any Judicial District of the State of Nevada as being signed by a majority of the taxpayers, or by taxpayers representing a majority of the taxable property, as shown by the last preceding assessment roll of any city, unincorporated town, or school district, shall be presented to the Board of County Commissioners of the county in which said city, unincorporated town, or school district is situated, accompanied by affidavit of one or more of the signers thereof that the signatures thereto are genuine, the said Board of County Commissioners shall within ten days after said petition or petitions are so presented levy a tax upon all the taxable property of said city, unincorporated town, or school district of not less than ten cents nor more than fifty cents on each one hundred dollars valuation of the taxable property therein for the purpose of creating a fund to be known as the “Library Fund.”

 

 

 

 

 

 

 

 

 

 

Relating to free public libraries.

 

 

 

 

 

 

County Commissioners to levy a tax.

 


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κ1901 Statutes of Nevada, Page 38 (CHAPTER 27)κ

 

To create a library fund.

 

 

Tax levy.

 

 

State Board of Education to name Library Trustees.

 

 

 

 

 

To serve without compensation.

than fifty cents on each one hundred dollars valuation of the taxable property therein for the purpose of creating a fund to be known as the “Library Fund.” And each year thereafter said Board of County Commissioners, at the time and in the manner other taxes are levied, shall levy a tax upon said property for said purpose of not less than ten cents nor more than fifty cents on each one hundred dollars valuation thereof.

      Sec. 2.  Section two of said Act is amended so as to read as follows:

      Section two.  The State Board of Education of Nevada whenever notified that a petition has been presented as provided in section one of this Act, shall appoint three competent persons who are residents of such city, unincorporated town or school district, to be known as Library Trustees, who shall hold office for the period of one, two, and three years respectively, and said State Board of Education shall annually thereafter appoint one Library Trustee, who shall hold office for the period of three years, and all vacancies which may occur at any time in the said office of Library Trustee shall be filled by appointment by the said State Board of Education; said Trustees shall serve without compensation, and shall hold office until their successors are appointed and qualified.

 

________

 

CHAPTER 28

 

 

 

 

 

 

 

Preamble.

 

 

 

 

 

 

 

 

 

 

Relief of C. D. Wheeler and D. W. Ridenour.

Chap. XXVIII.–An Act for the relief of D. C. Wheeler and D. W. Ridenour.

 

[Approved March 2, 1901.]

 

      Whereas, In the year nineteen hundred A. A. Evans, then Assessor of Washoe county, settled in full for all poll tax received from the State Controller for Washoe county for that year; and

      Whereas, During the said year one poll tax book issued by the State Controller and charged to the said A. A. Evans, containing twenty-five blank receipts, which said receipts were delivered by the said Assessor, A. A. Evans, to D. W. Ridenour, and charged to the firm of Wheeler & Ridenour on the fourth day of April, 1900, and which receipts were lost, and no value or compensation was received for them by said D. C. Wheeler and D. W. Ridenour, said receipts being of the value of seventy-five dollars; now, therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of thirty-seven dollars and fifty cents is hereby appropriated, out of any money in the State Treasury, not otherwise appropriated, to pay the proportion received by the State for said poll tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of thirty-seven dollars and fifty cents in favor of the firm of Wheeler & Ridenour, and the State Treasurer is hereby authorized and required to pay the same.

 


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κ1901 Statutes of Nevada, Page 39 (CHAPTER 28)κ

 

favor of the firm of Wheeler & Ridenour, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  The Board of County Commissioners of Washoe county are hereby directed and required to allow the claim of D. C. Wheeler and D. W. Ridenour in the sum of thirty-seven dollars and fifty cents, the proportion received by the county on allowance for said poll tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same.

 

 

Duty of Board Commissioners of Washoe county.

 

________

 

CHAPTER 29

Chap. XXIX.–An Act to define the duties of County Commissioners and District Attorneys, relative to abating nuisances in the several counties of the State of Nevada and matters connected therewith.

 

[Approved March 2, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Whenever, in any county of this State, the County Commissioners of said county shall have knowledge, either by personal observation, complaint in writing, or other satisfactory evidence, that a nuisance exists within the limits of said county, as defined by Section 3346 of the Compiled Laws of Nevada, it shall be the duty of said Board of County Commissioners to take immediate action by entering and recording an order in the minutes of said Board, directing the District Attorney to notify the person or persons responsible for such nuisance to abate the same, and in case the said notice is not obeyed within five days from and after such service, the said District Attorney is hereby directed and empowered to bring action in a court of justice to enforce or abate the same, together with the recovery of damages and costs. Said action shall be under the control of the Board of County Commissioners in like manner as other suits to which the county is a party, and all necessary expenses incurred in conducting said action shall be paid out of the General Fund of said county as other claims are paid. Failure on the part of either County Commissioners or District Attorney to enforce the provisions of this Act shall work forfeiture of office.

 

 

 

 

 

 

 

 

 

Relating to nuisances.

 

 

 

 

District Attorney directed.

 

 

Action to be under control of Board of County Commissioners.

 

Forfeiture of office.

 

 

________

 

 


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κ1901 Statutes of Nevada, Page 40κ

CHAPTER 30

 

 

 

 

 

 

 

To create a Salary Fund in White Pine county.

 

 

 

 

Salary to be paid.

 

To transfer surplus.

Chap. XXX.–An Act to create a salary fund for White Pine county.

 

[Approved March 5, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this Act, the County Treasurer and County Auditor of White Pine county, and the Board of County Commissioners of said county shall cause to be placed into a fund to be known as the Salary Fund, which is hereby created for that purpose, fifty per cent of all the revenues received or collected for general county purposes; the remainder shall be apportioned among the several funds as now provided by law.

      Sec. 2.  The salaries of officers of said White Pine county shall be allowed monthly and paid out of said Salary Fund.

      Sec. 3.  Whenever a surplus accrues in said Salary Fund, the Board of County Commissioners of said White Pine county is hereby authorized to transfer such surplus to any county fund in which a deficit exists.

      Sec. 4.  All Acts and parts of Acts in so far as they conflict with the provisions of this Act, are hereby repealed.

 

________

 

CHAPTER 31

 

 

 

 

 

 

 

 

Unlawful, when.

 

Except through authorized agents.

 

Proviso.

 

 

Cannot reinsure when not legally authorized.

 

 

Cannot transfer risks.

Chap. XXXI.–An Act relative to reinsurance and the transaction of business by fire insurance companies or associations otherwise than through resident agents.

 

[Became a law March 6, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any insurance company or association, doing business in the State of Nevada, to write, place, or cause to be written or placed, any policy or contract for indemnity for insurance on property situated or located in the State of Nevada, except through or by the duly authorized agent or agents of such insurance company or association residing or doing business in this State; provided, that this Act shall not apply to direct insurance covering rolling stock of railroad corporations or property in transit while in the possession and custody of railroad corporations or other common carriers.

      Sec. 2.  No fire insurance company or association shall reinsure, in any manner whatsoever, the whole or any part of a risk taken by it on property situated or located in this State in any other company or association not authorized to transact business in this State.

      Sec. 3.  No fire insurance company or association shall transfer or cede, in any manner whatsover, to any company or association not authorized to do business in this State, any risk or liability or any part thereof assumed by it, under any form or contract of insurance, covering property located in this State, including any risk or liability under any general or floating policy, or any agreement, general, floating or specific, to reinsure excess loss by one or more fires.

 


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κ1901 Statutes of Nevada, Page 41 (CHAPTER 31)κ

 

risk or liability or any part thereof assumed by it, under any form or contract of insurance, covering property located in this State, including any risk or liability under any general or floating policy, or any agreement, general, floating or specific, to reinsure excess loss by one or more fires.

      Sec. 4.  No fire insurance company or association shall reinsure, or assume as a reinsuring company, or otherwise, in any manner or form whatsoever, the whole or any part of any risk or liability, covering property located in this State, of any insurance company or association not authorized to transact business in this State.

      Sec. 5.  At the time of the filing of the annual statement of every insurance company or association doing business in this State, with the State Controller, there shall be attached thereto the affidavit of the president, manager or chief executive officer in the United States that this Act has not been violated.

      Sec. 6.  Any insurance company or association willfully violating, or failing to observe and comply with, any of the provisions of this Act shall be subject to and liable to pay a penalty of five hundred dollars for each violation thereto and for each failure to observe and comply with any provisions of this Act; such penalty may be collected and recovered in an action brought in the name of the State in any Court having jurisdiction thereof. Any insurance company or association which shall neglect and refuse for thirty days after judgment in any such action to pay and discharge the amount of such judgment shall have its authority to transact business in this State revoked by the State Controller and such revocation shall continue for at least one year from the date thereof, nor shall any insurance company or association whose authority to transact business in this State shall have been so revoked be again authorized or permitted to transact business herein until it shall have paid the amount of any such judgment and shall have filed in the office of the State Controller a certificate signed by its president or other chief officer to the effect that the terms and obligations of the provisions of this Act are accepted by it as a part of the conditions of its right and authority to transact business in this State.

 

      State of Nevada.

 

Department of State.

}

ss.

 

      I, Eugene Howell, Secretary of State, do certify that the foregoing Act did remain with the Governor five days (Sundays excepted) after being presented to him, exclusive of the day upon which he received it, and no objections having been filed by his Excellency, it has therefore, in conformity with Section 35, Article IV, of the Constitution of the State of Nevada, become a law this sixth day of March, 1901.

 

cid:image001.png@01D49628.D52AD7C0In Witness Whereof, I have hereunto set my hand and affixed the Great Seal of State, this 6th day of March, A. D. 1901.

                                                                                                  EUGENE HOWELL,

                                                                                                               Secretary of State.

 

 

 

 

 

Shall not reinsure or assume, when.

 

 

Relating to annual statement.

 

 

Penalty.

 

 

 

 

 

 

Authority, when revoked.

 

When not authorized.

 

________

 

 


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κ1901 Statutes of Nevada, Page 42κ

CHAPTER 32

 

 

 

 

 

 

 

 

 

 

Relating to reclamation of land.

 

 

Patent to issue.

 

 

 

 

 

State selecting agents.

 

 

To file list.

 

 

 

 

Plans and affidavits to be deposited.

 

 

State Land Register authorized.

 

160 acres to bona fide settlers.

Chap. XXXII.–An Act to provide for the reclamation and occupancy of lands subject to acceptance by the State of Nevada under the provisions of the Acts of Congress approved August 14, 1894, and June 11, 1896, and to repeal all Acts in conflict therewith.

 

[Approved March 6, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The State of Nevada will act as agent for any citizen of the United States, or any person who has legally declared his intention to become such, who desires to obtain lands in this State for reclamation and settlement under the provisions of the Act of Congress of August 18, 1894, and the Act of Congress of June 11, 1896, and will, when the land is approved to the State, issue a patent to the land thus reclaimed to actual settlers, free of cost, as to the services of the State, as such agent, except the actual traveling expenses of the selecting officer in going to and returning from the State Capital to the lands to be selected; provided, the State Land Register may appoint deputies in each of the several counties of the State who shall be authorized to make the affidavits required by the General Land Office showing the character of the lands sought to be reclaimed, and said deputies shall be the State selecting agents for the selection of lands in their respective counties, the expenses of said deputies to be paid by the applicant for said lands.

      Sec. 2.  Such person or persons, desiring to avail themselves of the benefits of said grant, shall file a list or lists of the land desired by them in the office of the State Land Register, describing the same by legal subdivisions, and such list or lists shall be treated as applications for the lands described therein, and shall have the effect of withholding the land or lands therein described from application by any other person or persons, for the period of six months from the date of such filing; provided, that during said period of six months, the said applicant or applicants shall deposit in the State Land Office, plans or diagrams, and affidavits in triplicate, as required by the Secretary of the Interior and the Commissioner of the General Land Office.

      Sec. 3.  The State Land Register is hereby authorized to enter into the agreement prescribed by the Secretary of the Interior binding the State not to lease or dispose of said lands in any way whatever, except to secure their reclamation, cultivation and settlement, and not to sell or dispose of more than one hundred and sixty acres to any one person, and then only to bona fide settlers who are citizens of the United States, or who have declared their intentions to become such citizens, and to cause a copy thereof, together with a copy of all rules and regulations issued thereunder or under said Acts of Congress, to be spread upon the deed records of each of the counties in the State of Nevada in which any of said lands shall be situated.

 


…………………………………………………………………………………………………………………

κ1901 Statutes of Nevada, Page 43 (CHAPTER 32)κ

 

of the counties in the State of Nevada in which any of said lands shall be situated.

      Sec. 4.  Upon compliance with sections one and two of this Act, the State Land Register shall submit for filing in the United States Land Office, at Carson City, duplicate copies of each of the plans or diagrams and affidavits required by the regulations of the Secretary of the Interior and Commissioner of the General Land Office, and triplicate lists of the tracts of land so applied for.

      Sec. 5.  A failure of the applicant or applicants to diligently prosecute work to reclaim the lands described in any application for a period of one month, shall be deemed a forfeiture of such application, and such land shall be open for application by others upon the filing with the State Land Register satisfactory proof of such forfeiture; provided, the suspension of work during the months of December, January, February and March, shall not be deemed a forfeiture.

      Sec. 6.  Whenever any of said lands are irrigated, reclaimed and occupied, as provided in said Acts of Congress, the settler shall furnish satisfactory proof in accordance with such rules and regulations as may be prescribed by the Secretary of the Interior, and the State Land Register.

      Sec. 7.  The State Land Register is hereby authorized and required to make such rules and regulations as may be necessary in conformity with the Acts of Congress and the regulations of the General Land Office to carry out the provisions of this Act and to furnish the necessary blanks to intending applicants for said lands, and it is made the duty of the Superintendent of State Printing to furnish such blanks upon the order of the State Land Register.

      Sec. 8.  All United States selection fees, expenses of recording agreements between the Secretary of the Interior and the State, and of the rules and regulations, and of publishing lists of lands selected under the provisions of this Act, and all charges of whatsoever kind or character, except for blanks, shall be paid by the applicant.

      Sec. 9.  All Acts and parts of acts in conflict with the provisions of this Act, are hereby repealed.

 

To file in U. S. Land Office.

 

 

 

When application forfeited.

 

 

 

 

To furnish proof.

 

 

 

State Land Register authorized.

 

 

Duty of State Printer.

 

Fees and expenses to be paid by applicant.

 

________

 

CHAPTER 33

Chap. XXXIII.–An Act to amend an Act entitled “An Act relating to public reports and repealing all other Acts in relation thereto,” approved February 17, 1893.

 

[Approved March 6, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of said Act is hereby amended so as to read as follows:

 

 


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κ1901 Statutes of Nevada, Page 44 (CHAPTER 33)κ

 

Relating to official reports.

 

 

 

Time when reports must be prepared and filed.

 

 

 

 

 

 

 

 

 

State Board of Examiners to edit, examine and revise all reports.

 

Number to be printed.

      Section one.  All officers, boards of officers, Commissioners, Trustees, Superintendents, Regents, Boards of Control and Directors required by law to make reports to the Governor or Legislature, except the State Controller and the State Treasurer, must send the original draft of such reports to the Governor on or before the third day of January in the year eighteen hundred and ninety-five, and in every second year thereafter. The State Controller must send his report to the Governor before the second Monday in January in the year eighteen hundred and ninety-four, and in every year thereafter, and the State Treasurer on or before the fifth day of January in eighteen hundred and ninety-four, and in every year thereafter. But the Regents of the University shall submit to the Governor on or before the third of January of each year, the Register of the University containing the courses of study, registration of students, and such descriptive matter as may be deemed valuable. The Board of Control of the Agricultural Experiment Station shall also report to the Governor on or before the third day of January of each year the work of the station by departments and the receipts and expenditures of the station for the government fiscal year ending June 30th.

      Sec. 2.  Section two of said Act is hereby amended so as to read as follows:

      Section two.  The Governor shall, upon receipt of such reports, submit the same to the State Board of Examiners, who shall examine, edit and revise each of said reports, and shall order such a number of each of said reports, or part or parts of each of said reports, printed as in their judgment will meet the requirements of law; provided, that in no case shall a less number of copies than fifty nor a greater number of copies than fifteen hundred, be printed; but the Board of Examiners may, if they deem advisable, order two thousand copies of the University Register and of the Experiment Station Report to be printed. The Board shall especially see that no matter shall be printed in more than one report, unless of great public interest.

 

________

 

CHAPTER 34

 

Chap. XXXIV.–An Act to amend an Act entitled “An Act to regulate the settlement of estates of deceased persons,” approved March 23, 1897, and as amended and approved March 16, 1899.

 

[Approved March 6, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section two hundred and fifty-nine of said Act is hereby amended so as to read as follows:

      Section two hundred and fifty nine.  When any person having title to any estate, not otherwise limited by marriage contracts, shall die intestate as to such estate, it shall descend and be distributed subject to the payment of his or her debts in the following manner:

 


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κ1901 Statutes of Nevada, Page 45 (CHAPTER 34)κ

 

contracts, shall die intestate as to such estate, it shall descend and be distributed subject to the payment of his or her debts in the following manner:

      First-If there be a surviving husband or wife, and only one child, or the lawful issue of one child, one-half to the surviving husband or wife and one-half to such child or issue of such child. If there be a surviving husband or wife and more than one child living, or one child living and the lawful issue of one or more deceased children, one-third to the surviving husband or wife and the remainder in equal shares to his or her children, and to the lawful issue of any deceased child by right of representation. If there be no child of the intestate living at his or her death, the remainder shall go to all of his or her lineal descendants, and if all of the said descendants are in the same degree of kindred to the intestate, they shall share equally, otherwise they shall take according to the right of representation.

      Second-If he or she shall leave no issue, the estate shall go in equal shares to the surviving husband or wife and to the intestate’s father, and if he or she shall leave no father, it shall go in equal shares to the surviving husband or wife and to the intestate’s mother. If he or she shall leave no issue nor father nor mother, the whole estate shall go to the surviving husband or wife. If he or she shall leave no issue, or husband, or wife, the estate shall go to his or her father, if living, if not, to his or her mother, if living.

      Third-If there be no issue, nor husband, nor wife, nor father, nor mother, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation.

      Fourth-If the intestate shall leave no issue, nor husband, nor wife, nor father, nor mother, and no brother or sister living at his or her death, the estate shall go to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestors shall be preferred to those who claim through ancestors more remote; provided, however, if any person shall die leaving several children, or leaving one child and issue of one or more children, and any such surviving child shall die under age and not having been married, all the estate that came to such deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who may have died, by right of representation.

      Fifth-If at the death of such child, who shall die under age and not having been married, all the other children of his said parent being also dead, and any of them shall have left issue, the estate that came to such child by inheritance from his or her said parent shall descend to all the issue of the other children of the same parent, and if all the said issue are in the same degree of kindred to said child they shall share the said estate equally; otherwise they shall take according to the right of representation.

Intestate as to such estate.

How distributed.

 

 

 

 

 

 

 

 

 

How distributed when there are no children.

 

 

 

 

 

How distributed.

 

 

How distributed.

 

 

 

 

Relating to children.

 

 

 

 

 

Relating to children.

 


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κ1901 Statutes of Nevada, Page 46 (CHAPTER 34)κ

 

 

 

Shall escheat to State, when.

issue are in the same degree of kindred to said child they shall share the said estate equally; otherwise they shall take according to the right of representation.

      Sixth-If the intestate shall leave no husband nor wife nor kindred, the estate shall escheat to the State for the support of the common schools.

 

________

 

CHAPTER 35

 

 

 

 

 

 

 

 

 

To impound swine, sheep or goats.

Chap. XXXV.–An Act to amend an Act entitled “An Act relating to trespass of swine, sheep and goats,” approved March 5, 1885.

 

[Approved March 6, 1901.]

 

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 to read as follows:

      Section two.  It shall be the duty of any Sheriff or 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.

 

________

 

CHAPTER 36

 

 

 

 

 

 

 

 

 

 

 

 

Duty of Controller in relation to poll tax receipts.

 

To forward to County Treasurer.

 

To deliver to Auditor.

Chap. XXXVI.–An Act to amend sections one hundred and one hundred and nine of an Act entitled “An Act to provide revenue for the support of the Government of the State of Nevada, and to repeal certain Acts relating thereto,” approved March 23, 1891.

 

[Approved March 6, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one hundred of the above-entitled Act is hereby amended so as to read as follows:

      Section one hundred.  The State Controller shall, before the fifteenth day of January in each year, cause proper blank receipts for poll taxes to be printed by the State Printer, of uniform appearance, changing the style thereon each year; and said Controller, after signing and numbering them, shall cause a number thereof, equal to the probable number of inhabitants in each county liable to pay a poll tax, to be immediately forwarded to the County Treasurer of each county, who shall sign them, or so many of them as may be required, and make an entry thereof in a book to be kept for that purpose, and thereupon deliver them to the Auditor, who shall likewise sign them and make an entry of the number received, in a book to be kept by him for that purpose.

      Sec. 2.  Section one hundred and nine of said Act is hereby amended to read as follows:

      Section one hundred and nine.  Of the moneys collected as poll tax under the provisions of this Act, fifty per cent shall be paid into the County Treasurer

 


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κ1901 Statutes of Nevada, Page 47 (CHAPTER 36)κ

 

shall be paid into the County Treasurer and apportioned to the several county funds as designated by the Board of County Commissioners in making the levy in effect at the time such moneys are collected, and the remaining fifty per cent shall be paid in for State purposes.

Apportionment of poll tax moneys.

 

________

 

CHAPTER 37

Chap. XXXVII.–An Act to prevent the dissemination of disease among apiaries; to provide for the appointment of an Inspector, and to define his duties and compensation.

 

[Approved March 6, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of County Commissioners of any county, wherein bees are kept, are hereby authorized, upon the petition of two or more bee owners, to appoint an Inspector of Apiaries, to hold office during the pleasure of said Board.

      Sec. 2.  The Board of County Commissioners shall fix and determine the compensation, not to exceed three dollars per day, of said Inspector of Apiaries, to be paid out of the funds of the county not otherwise appropriated.

      Sec. 3.  Upon complaint being made to the Inspector, to the effect that in complainant’s opinion the disease known as “foul brood” exists in any apiary in that county, it shall be the duty of such Inspector to inspect such apiary as soon as practicable, and direct the person in charge thereof to, within ten days after such inspection, destroy all hives ascertained to be so infected, together with the combs and bees therein, by burning or burying the same in the ground.

      Sec. 4.  If the owner or person in charge of an apiary, by his own inspection, or through any other source, discover “foul brood” in any hive in said apiary, it shall be his duty to destroy such hive and contents in the manner provided in section three of this Act.

      Sec. 5.  Any person failing to comply with the provisions of sections three and four of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than twenty-five dollars for the first offense, and by a fine of not more than fifty dollars for each subsequent offense.

      Sec. 6.  This Act shall take effect from and after its passage.

 

 

 

 

 

 

 

 

 

Inspector of Apiaries appointed.

 

County Commissioners to determine compensation.

Relating to “foul brood.”

 

 

Hives destroyed, when.

 

Duty of owner.

 

 

 

Misdemeanor.

 

 

________

 

 


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κ1901 Statutes of Nevada, Page 48κ

CHAPTER 38

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of Board of Education.

 

Legislature to adopt uniform series of text books.

 

Alcoholic stimulants.

 

Other text books.

 

Uniform examinations.

Course of study.

 

 

Empowered to grant certain diplomas.

 

 

 

 

 

Temporary certificates.

Chap. XXXVIII–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act to define the constitution, organization, powers and duties of the State Board of Education, and matters properly connected therewith,’ approved March 16, 1895,” approved March 14, 1899.

 

[Approved March 8, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section four of the above entitled Act is hereby amended so as to read as follows:

      Section four.  The powers and duties of the Board shall be as follows:

      First-To recommend to the Legislature a series of text books in reading, writing, spelling, arithmetic, grammar, geography, history of the United States, physiology, drawing and language to be adopted for use in all public schools in the State; and no school district shall be entitled to receive its pro rata of the public school money unless such text books are used as shall have been adopted by an Act of the Legislature. Special prominence shall be given in all public schools to the effect of alcoholic stimulants and of narcotics upon the human system. For the schools in which the Trustees may direct instruction to be given in additional branches there shall also be prescribed by the State Board of Education, text books in algebra, geometry, physics, astronomy, physical geography, chemistry, Latin, rhetoric, literature, English history, general history, civics, geology, bookkeeping and music.

      Second-To adopt a uniform system of rules for State and county examinations.

      Third-To prescribe and cause to be adopted the course of study in the public schools.

      Fourth-To recommend a list of books for district libraries.

      Fifth-To grant, first, life diplomas; second, State educational diplomas, valid for six years; third, State high school certificates, unlimited to those graduates from the School of Liberal Arts of the Nevada State University who have elected at least two University courses in pedagogics; fourth, State high school certificates, valid for five years, to graduates of the Nevada State Normal School who have completed the four years’ course of study; fifth, State grammar school certificates, valid for five years, to graduates of the Nevada State Normal School, who have completed the three years’ course of study; sixth, to issue, upon satisfactory showing, a temporary certificate, which shall authorize the older thereof to teach in the specified district for which the temporary certificate may be granted. This certificate shall not continue in force beyond the next semi-annual examination after the issuing of said certificate; provided, however, that if satisfactory evidence is furnished of the inability of such holder to attend the said examination, by reason of sickness, or other unavoidable cause, the Board may issue at their discretion a second temporary certificate.

 


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κ1901 Statutes of Nevada, Page 49 (CHAPTER 38)κ

 

factory evidence is furnished of the inability of such holder to attend the said examination, by reason of sickness, or other unavoidable cause, the Board may issue at their discretion a second temporary certificate.

      Sixth-To revoke for immoral conduct, or evident unfitness for teaching, any State diploma or any State or county certificate.

      Seventh-To have done by the State Printer any printing required by the Board, such as the proceedings of the State Teachers’ Institute, circulars of information to school officers or teachers, and blank forms.

      Eighth-To adopt and use in authentication of its acts an official seal.

      Ninth-To keep a record of its proceedings, which shall be published biennially in the report of the Superintendent of Public Instruction.

      Tenth-State educational diplomas may be issued to such persons only as have held a State certificate of high school grade, or a county certificate of high school grade, for at least one year, and shall furnish satisfactory evidence of having been engaged successfully in teaching at least forty-five months in the public schools, twenty months of which must have been in Nevada. Every application for an educational diploma must be accompanied by a certified copy of a resolution adopted by the Board of School Trustees of the district in which the applicant has taught one year. an educational diploma shall entitle the holder thereof to teach in any public school in the State of Nevada without further examination.

      Eleventh-Life diplomas may be issued on all and the same conditions as educational diplomas, except that the applicant must furnish satisfactory evidence of having been successfully engaged in teaching seventy-two months, twenty-four of which must have been in Nevada. A life diploma shall entitle the holder thereof to teach in any school in the State of Nevada without any further examination.

      Twelfth-To the graduates of the Nevada State Normal School who hold State high school certificates, the State Board of Education shall grant a life diploma of high school grade when said graduates shall have completed at least forty-five months of successful instruction in public schools. To all graduates of the Nevada State Normal School who hold a State grammar school certificate, the State Board of Education shall grant a life diploma of the grammar grade when said graduates shall have completed at least forty-five months of successful instruction in public schools. The State Board of Education shall also issue a diploma of the grammar grade to all persons who hold in full force and effect, and who have held for at least one year, a county or State certificate of the grammar grade, and who shall present satisfactory evidence of having been successfully engaged in teaching in public schools for a period of seventy-two months, twenty-four of which must have been in the public schools of the State of Nevada.

Proviso.

Second temporary certificate.

To revoke diploma.

 

Printing.

 

 

Seal.

Proceedings published.

 

State educational diplomas.

 

 

 

 

 

 

 

Life diplomas.

 

 

 

 

Graduates Nevada State Normal School.

 


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κ1901 Statutes of Nevada, Page 50 (CHAPTER 38)κ

 

Grammar grade life diploma.

 

Appellate jurisdiction.

 

Studies in which applicant shall be examined.

 

May renew or make valid certain grade certificates.

May grant a State certificate of equivalent grade.

Proviso.

 

Graduates of Nevada State Normal School entitled.

twenty-four of which must have been in the public schools of the State of Nevada. A grammar grade life diploma shall entitle the holder thereof to teach in any primary or grammar school in the State without further examination.

      Thirteenth-To have appellate jurisdiction over all questions relating to schools and referred to County Boards of Examination.

      Fourteenth-To prescribe in what studies shall be examined an applicant for a county high school certificate valid for four years; an applicant for a county grammar school certificate valid for three years, and an applicant for a county primary certificate valid for two years.

      Fifteenth-Upon the recommendation of the County Superintendent of the county in which the applicant resides, the State Board of Education may renew a high school or grammar certificate, or make it valid in any county in the State of Nevada.

      Sixteenth-Upon presentation to them of a life certificate of any State or of the diploma of any State Normal School, the Board may grant a State certificate of equivalent grade without examination, valid for three years or less; provided, that since the issuing of such certificate or diploma the applicant has been continuously or successfully engaged in teaching.

      Seventeenth-Graduates of the Nevada State Normal School who have taught successfully for the time specified in this Act, on or before January 1, 1900, shall be entitled to life diplomas of undesignated grade.

      Eighteenth-All Acts and parts of Acts in conflict with this Act, are hereby repealed.

 

________

 

CHAPTER 39

 

 

 

 

 

 

 

 

Text books prescribed by Board of Education adopted.

 

To be used in public schools.

No change to be made.

Chap. XXXIX.–An Act to provide for a uniform series of text books in the public schools of Nevada.

 

[Approved March 8, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The series of text books in reading, writing, spelling, arithmetic, grammar, geography, history of the United States, physiology, drawing and language prescribed by the State Board of Education, and in use in the public schools of Nevada on the first day of January, 1901, is hereby adopted.

      Sec. 2.  Said series of text books shall be used in all the public schools of this State, and no school shall receive its pro rata of public school moneys unless such text books are used. No change shall be made in said series except by an Act of the Legislature; provided, no such change in books shall be made more often than once in four years.

 

________

 

 


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κ1901 Statutes of Nevada, Page 51κ

CHAPTER 40

Chap. XL.–An Act to amend an Act entitled “An Act authorizing the sale by any railroad corporation owning any railroad in this State, of its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this State, or of any other State or Territory, or under any Act of Congress; also authorizing the corporation purchasing the same to operate such railroad, to build and operate extensions or branches thereof, and for that purpose to exercise the power of eminent domain,” approved March 1, 1899.

 

[Approved March 11, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of said Act is hereby amended so as to read as follows:

      Section one.  Any railroad corporation owning any railroad in this State may sell, convey and transfer its property and franchises, or any part thereof to any other railroad corporation, whether organized under the laws of this State or of any other State or Territory, or under any Act of Congress; and any such other railroad corporation receiving such conveyance may hold and operate such railroad franchise and property within this State, build and operate extensions or branches thereof, and for that purpose exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually to all intents and purposes as if such corporation were organized under the laws of this State. And any railroad corporation organized under the laws of any other State or Territory, or under any Act of Congress, may construct, own and operate a line of railroad and extensions and branches thereof in this State, and for that purpose may exercise the power of eminent domain, and do any other business in connection therewith, as fully and effectually, to all intents and purposes, as if such corporation were organized under the laws of this State; provided, nevertheless, that before any corporation, incorporated or organized otherwise than under the laws of this State, shall acquire or construct any railroad in this State, by virtue of this law, it shall file in the office of the County Recorder of each county in which the said railroad so to be constructed or acquired, or any part, extension or branch thereof shall be situated, a copy of its certificate or articles of incorporation, or of the Act or law by which it was created, with a certified list of its officers, in the manner and form required by section one of an Act of the Legislature of the State of Nevada entitled “An Act to amend an Act entitled ‘An Act to require foreign corporations to furnish evidence of their incorporation and corporate name,’ approved March 3, 1869,” approved January 30, 1877.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relating to railroad corporations.

 

 

 

 

To exercise the power of eminent domain.

 

 

 

 

 

 

 

Proviso.

 

Copy of certificate of incorporation to be filed in County Recorder’s office.

 

________

 

 


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κ1901 Statutes of Nevada, Page 52κ

CHAPTER 41

 

 

 

 

 

 

 

 

Board of Regents authorized to build and equip Chemical Laboratory.

 

To be of brick and stone.

 

$12,000 appropriated for that purpose.

 

State School Fund to furnish the money.

 

State bonds deposited in lieu thereof.

 

Bonds to run 20 years.

 

How bonds signed and countersigned.

 

 

 

Interest on bonds to go to General School Fund.

 

 

Annual tax to be levied.

Chap. XLI.–An Act to provide for the building and equipment of a Chemical and Physical Laboratory at the Nevada State University at Reno, Nevada.

 

[Approved March 12, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of Regents of the State University are hereby authorized and directed to construct and equip a suitable building upon the State land at Reno to be known as a Chemical and Physical Laboratory and used for purposes of instruction and research in chemistry and physics.

      Sec. 2.  The building shall be of brick and stone and shall not exceed in cost the sum of twelve thousand dollars.

      Sec. 3.  Twelve thousand dollars are hereby appropriated for the construction and equipment of said building, and in no case shall a contract be entered into which shall exceed the sum of twelve thousand dollars for the erection and equipment of said building.

      Sec. 4.  The money hereby appropriated shall be taken from the State School Fund and, in its place, shall be deposited twelve bonds of the State of Nevada of one thousand dollars each, bearing interest at the rate of four per cent per annum; said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the great seal of the State, and each bond shall state in substance that the State of Nevada owes its State School Fund one thousand dollars, the interest on which sum at four per cent per annum the State of Nevada agrees to pay during the life of said bonds for the benefit of the common schools of the State. Said bonds may be lithographed as is usual in similar cases and deposited with the State Treasurer. The interest on said bonds shall be paid semiannually, on the first day of January and the first day of July of each year, on the written order of the State Board of Education to the State Controller directing him to draw his warrant for the amount of such semi-annual interest on the Contingent University Fund. All sums derived from the interest on said bonds shall be paid into the General School Fund for the support of the common schools of the State and for the regular and prompt payment of which the faith and credit of the State is hereby pledged.

      Sec. 5.  For the fiscal year beginning January first, nineteen hundred and one, and annually thereafter, such an annual tax shall be levied and included in and be a part of the annual tax levy for the Contingent University Fund, not exceeding one-half of one cent on each hundred dollars, as may be necessary to pay the annual interest on said bonds and create a sinking fund for their redemption and payment at maturity; which tax, when collected, shall be held in said Contingent University Fund and applied only to the payment of said interest and bonds, as required by this Act.

 


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κ1901 Statutes of Nevada, Page 53 (CHAPTER 41)κ

 

and create a sinking fund for their redemption and payment at maturity; which tax, when collected, shall be held in said Contingent University Fund and applied only to the payment of said interest and bonds, as required by this Act.

Sinking fund created.

 

________

 

CHAPTER 42

Chap. XLII.–An Act to repeal an Act entitled “An Act providing for the appointment of a State Live Stock Inspector, defining his duties and fixing his compensation,” became a law March 22, 1899.

 

[Approved March 12, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Act of the Legislature of the State of Nevada entitled “An Act providing for the appointment of a State Live Stock Inspector, defining his duties and fixing his compensation,” which became a law March 22, 1899, is hereby repealed.

 

 

 

 

 

 

 

 

 

Appointment of Live Stock Inspector repealed.

 

________

 

CHAPTER 43

Chap. XLIII.–An Act to amend an Act entitled “An Act amendatory of an Act entitled ‘An Act to provide for the formation of corporations for certain purposes,’ approved March 10, 1865,” amendment approved February 24, 1866.

 

[Approved March 12, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section six of the Act entitled “An Act amendatory of an Act entitled ‘An Act to provide for the formation of corporations for certain purposes,’ approved March 10, 1865,” and amended February 24, 1866, shall be amended so as to read as follows:

      Section six.  If it shall happen, at any time, that an election of Trustees shall not be had on the day designated by the by-laws of the company, the corporation shall not for that reason be dissolved, but it shall be lawful, on any other day, to hold an election for Trustees, in such manner as shall be provided for in the by-laws of the company, and all acts of the Trustees shall be valid and binding on the company until their successors shall be elected. Whenever a majority of any newly elected Board of Trustees shall fail to qualify and fail [file] in the office of the company their oath of office, within thirty days from the day of their election, it shall be the duty of any officer of the company upon the request of owners in said company representing not less than one-third of the capital stock of the corporation owned in the company, to call a meeting of the stockholders of said company, which meeting, when assembled, shall have the power to elect trustees to supply the place of those who have failed to qualify; but such Trustees may qualify and enter upon the duties of their office at any time after the said thirty days, if such meeting for a new election shall not have been called.

 

 

 

 

 

 

 

 

 

Relating to formation of corporations

 

 

Relating to election of trustees.

 

 

 

 

Fail to qualify.

 

 

Powers of one-third of capital stock relating to election of trustees.

 


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κ1901 Statutes of Nevada, Page 54 (CHAPTER 43)κ

 

 

 

When Board of Trustees shall fill vacancy.

to qualify; but such Trustees may qualify and enter upon the duties of their office at any time after the said thirty days, if such meeting for a new election shall not have been called. Whenever a majority of the Trustees elected have qualified by taking the oath of office, and one or more of the remaining Trustees elected failing to qualify within thirty days after their election, then the Board of Trustees shall fill the vacancy, caused by failure to qualify, by appointment.

      Sec. 2.  This Act shall take effect from and after its passage.

 

________

 

CHAPTER 44

 

 

 

 

 

 

 

 

 

 

Relating to election of School Trustees.

Chap. XLIV.–An Act to amend section eighteen of an Act entitled “An Act to provide for the election of School Trustees and matters properly connected therewith,” approved March 16, 1897.

 

[Approved March 12, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section eighteen of said Act shall be made to read as follows:

      Section eighteen.  In school districts having a voting population of one hundred (100) or over, candidates for the office of School Trustees shall, not later than five days before the day of election, have their names filed with the County Clerk of said county, with designation of the term of office for which they are candidates, and no names shall be placed upon the ballots unless filed within the time herein provided.

 

________

 

CHAPTER 45

 

 

 

 

 

 

 

 

 

Relating to guardian.

 

How property belonging to absent ward may be removed.

 

 

Application, how made.

Chap. XLV.–An Act supplemental to an Act entitled “An Act to provide for the appointment of guardians and to prescribe their duties,” approved March 11, 1899.

 

[Approved March 12, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  If a ward be a non-resident of this State, and entitled to property in this State, and have a guardian by authority of the laws of any State, Territory or possession of the United States, or of a foreign country in which such ward resides, such property may be removed to such State or Territory or possession or foreign country in which such ward resides upon the application of such guardian to the District Court of this State in the county in which the property of such ward, or any part of such property, is situated.

      Sec. 2.  The application must be made upon ten days’ notice to the resident executor, administrator or guardian, if there be such, and upon such application the non-resident guardian must produce and file a certificate under the hand of the Clerk and seal of the court from which his appointment was derived,

 


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κ1901 Statutes of Nevada, Page 55 (CHAPTER 45)κ

 

guardian must produce and file a certificate under the hand of the Clerk and seal of the court from which his appointment was derived, showing:

      First-A transcript of the record of his appointment.

      Second-That he has entered upon the discharge of his duties.

      Third-That he is entitled by the laws of the State, Territory, possession or country of his appointment to the possession of the estate of his ward, or must produce and file a certificate, under the hand and seal of the Clerk of the Court having jurisdiction in the country of his residence, of the estates of persons under guardianship, or of the highest court of such country, attested by a Minister, Consul or any consular officer of the United States resident in such country, that by laws of such country the applicant is entitled to the custody of the estate of his ward without the appointment of any court.

      Sec. 3.  Upon such application, unless good cause to the contrary is shown, the Court may in its discretion, upon satisfactory proof that the interests of such ward are fully protected by sufficient security, in the place of residence of such foreign guardian, make an order granting to such guardian leave to take and remove the property of this ward to the State or place of his residence, which is authority to him to sue for and receive the same in his own name for the use and benefit of his ward.

      Sec. 4.  Such order is a discharge of the executor, administrator, local guardian, or other person in whose possession the property may be at the time the order is made, on filing with the court the receipt therefor of the foreign guardian of such absent ward; said receipt shall be recorded in the records of said court, and the court shall make an order discharging said executor, administrator or local guardian from all further duties and responsibilities as such executor, administrator or guardian, and that his letters of administration or guardianship are vacated, and that the sureties upon the bond of such executor, administrator or local guardian are released from any liability thereafter incurred.

Must file certificate.

 

 

Qualification of foreign guardian.

Further qualification.

 

 

 

 

Court may order.

 

 

 

 

 

 

Order of court a discharge to executor or local guardian.

Receipt to be recorded.

 

 

When sureties are released.

 

________

 

CHAPTER 46

Chap. XLVI.–An Act to amend an Act entitled “An Act concerning crimes and punishments,” approved November 26, 1861.

 

[Approved March 12, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section fifty-one of the above-entitled Act is hereby amended so as to read as follows:

      Section fifty-one.  Every person who shall forcibly steal, take, or arrest any man, woman, or child, whether black, white,

 

 

 

 

 

 

 

 

 

 

Relating to kidnaping.

 


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κ1901 Statutes of Nevada, Page 56 (CHAPTER 46)κ

 

Relating to kidnaping.

 

 

 

Kidnaping, how punished.

 

 

 

Kidnaping of children.

 

 

 

Penalty.

 

 

Poisoning of wells and springs a felony.

white, or colored, or any Indian in this State, and carry him or her into another county, State or Territory, or who shall forcibly take or arrest any person or persons whatsoever, with a design to take him or her out of this State, without having established a claim according to the laws of the United States, or with a design to hold him or her for ransom, shall, upon conviction, be deemed quality of kidnaping, and be punished by imprisonment in the State Prison for any term not less than five, nor more than twenty years, for each person kidnaped, or attempted to be kidnaped.

      Sec. 2.  Section fifty-four of the above-entitled Act is hereby amended to read as follows:

      Section fifty-four.  Every person who shall maliciously, forcibly, or fraudulently lead, take, or carry away, or decoy or entice away any child under the age of ten years, with intent to detain and conceal such child from its parents, guardian, or other person having the lawful charge of such child, or with intent to hold such child for ransom, shall, upon conviction thereof, be punished by imprisonment in the State Prison for any term not less than five, nor more than twenty years, or by a fine not less than one thousand dollars, nor more than ten thousand dollars, or both such fine and imprisonment. Every person who shall willfully poison any spring, well or reservoir of water, shall, upon conviction thereof, be punished by imprisonment in the State Prison for any term not less than five nor more than twenty years.

      Sec. 3.  All Acts or parts of Acts in conflict with the above are hereby repealed.

 

________

 

CHAPTER 47

 

 

 

 

 

 

 

 

Duty of teachers.

Children to be instructed relative to preservation of birds, fish and game.

Teachers to comply with provisions of this Act.

Chap. XLVII.–An Act to provide for the dissemination of knowledge in the public schools relative to the preservation of song-birds, fish and game.

 

[Approved March 12, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It is hereby made the duty of each and every teacher in the public schools of this State to give oral instruction, at least once a month, to all children attending such schools, relative to the preservation of song-birds, fish and game; and to read or cause to be read to such children, at least twice during each school year, the Fish and Game Laws of the State of Nevada.

      Sec. 2.  No teacher shall be entitled to receive any portion of the public school moneys as compensation for services, unless such teacher shall have complied with the provisions of this Act.

      Sec. 3.  This Act shall take effect and be in force from and after its passage.

 

________

 

 


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κ1901 Statutes of Nevada, Page 57κ

CHAPTER 48

Chap. XLVIII.–An Act to prevent the unlawful destruction of fish and game; to provide for the appointment of Fish and Game Wardens in the several counties of this State, and to define their duties and compensation.

 

[Approved March 12, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It is hereby made the duty of the several Boards of County Commissioners in this State, at their first regular meeting in April, nineteen hundred and one, and annually thereafter, upon the petition of twenty or more resident taxpayers, to appoint a Fish and Game Warden for their respective counties, who shall reside in the county for which he is appointed. Each Warden so appointed, before entering upon the duties of his office, shall take his oath of office, and give an undertaking to the State of Nevada for the use of the respective counties thereof, with two or more sureties, to be approved by the Board of County Commissioners conditionally [conditioned] for the faithful performance of his duties, and in such sum as the County Commissioners of the several counties may deem sufficient for the faithful performance of the duties of his office and the enforcement of the requirements of this Act.

      Sec. 2.  Said Warden is hereby empowered [and it shall be his duty] to enforce the State laws and all county and municipal ordinances relative to the protection of fish and game; and he shall be vested with the power to make arrests for the violation of such laws and ordinances in any county in this State; to appoint a deputy or deputies who shall have power to transact all official business appertaining to said officer, to the same extent as their principal; provided, that said Warden shall be responsible for the compensation of such deputy or deputies, and shall be responsible on his official bond for all malfeasance or nonfeasance of the same. Bonds for the faithful performance of the duties of his official deputy or deputies may be required of said deputy or deputies by said principal.

      Sec. 3.  Said Fish and Game Warden shall report quarterly to the Board of County Commissioners of his county, giving a detailed statement of all arrests made, convictions had, fines collected, and generally in regard to the management of his office. Such officers may be removed by the Board of County Commissioners, for intemperance, neglect of duty or other good and sufficient reasons.

      Sec. 4.  The salary of said Fish and Game Wardens shall be fixed by the County Commissioners of the various counties of this State and paid out of the General Funds of their respective counties.

      Sec. 5.  This Act shall take effect and be in force from and after its passage.

 

 

 

 

 

 

 

 

 

Relating to game.

 

 

Fish and Game Warden to be appointed.

 

Warden to file bond.

 

 

 

 

 

Warden can make arrests.

 

Can appoint deputies.

 

 

Responsible for compensation of deputies.

 

To report quarterly.

 

 

Can be removed.

 

Salary of, how paid.

 

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κ1901 Statutes of Nevada, Page 58κ

CHAPTER 49

 

 

 

 

 

 

 

 

 

General appropriations for 1901 and 1902.

 

Governor.

Governor’s Private Secretary.

Rewards.

 

Lieutenant-Governor as Adjutant-General.

 

 

Secretary of State.

 

Deputy.

 

State Controller.

Deputy.

 

State Treasurer.

Deputy.

 

Attorney-General.

Surveyor-General.

 

Deputy.

 

Draughtsman, Land Office.

Clerks in Land Office.

Chap. XLIX.–An Act making appropriations for the support of the Civil Government of the State of Nevada, and for State and State District Fairs, for the fiscal years 1901 and 1902.

 

[Approved March 14, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The following sums of money are hereby appropriated for the purposes hereinafter expressed, and for the support of the Government of the State of Nevada for the years 1901 and 1902:

      Sec. 2.  For the salary of the Governor, eight thousand dollars ($8,000).

      Sec. 3.  For the salary of the Governor’s Private Secretary, twenty-four hundred dollars ($2,400).

      Sec. 4.  For payment of rewards offered by the Governor, one thousand dollars ($1,000).

      Sec. 5.  For salary of Lieutenant-Governor, as ex officio Adjutant-General, and while presiding as President of the Senate, and while acting as Governor during the sickness or absence from the State of the Governor, thirty-six hundred dollars ($3,600).

      Sec. 6.  For Salary of Secretary of State and ex officio Clerk of the Supreme Court and ex officio State Librarian, forty-eight hundred dollars ($4,800).

      Sec. 7.  For salary of Deputy Secretary of State, twenty-four hundred dollars ($2,400).

      Sec. 8.  For salary of State Controller, forty-eight hundred dollars (4,800).

      Sec. 9.  For salary of Deputy State Controller, twenty-four hundred dollars ($2,400).

      Sec. 10.  For salary of State Treasurer, forty-eight hundred dollars ($4,800).

      Sec. 11.  For salary for Deputy State Treasurer, twenty-eight hundred dollars ($2,800).

      Sec. 12.  For salary of Attorney-General, four thousand dollars ($4,000).

      Sec. 13.  For salary of Surveyor-General and State Land Register, forty-eight hundred dollars ($4,800), payable out of the State School Fund.

      Sec. 14.  For salary of Deputy Surveyor-General and State Land Register, twenty-four hundred dollars ($2,400), payable out of the State School Fund.

      Sec. 15.  For salary of Draughtsman in State Land office, twenty-four hundred dollars ($2,400), payable out of the State School Fund.

      Sec. 16.  For salary of Clerks in State Land Office, and for transcribing old township plats and abstract books, twenty-four hundred dollars ($2,400), payable out of the State School Fund.

 


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κ1901 Statutes of Nevada, Page 59 (CHAPTER 49)κ

 

      Sec. 17.  For the purchase of township plats from the United States Surveyor-General’s Office; provided, that the price per plat shall not exceed six dollars ($6), two hundred and fifty dollars ($250), payable out of the State School Fund.

      Sec. 18.  For payment of State Agent and Attorney at Washington, D. C., to attend and represent the land interests of the State before the Department, seven hundred and fifty dollars ($750).

      Sec. 19.  For salary of the State Superintendent of Public Instruction and ex officio Curator of State Museum, four thousand dollars ($4,000), payable out of the General School Fund.

      Sec. 20.  For traveling expenses of the State Superintendent of Public Instruction, six hundred dollars ($600), payable out of the General School Fund.

      Sec. 21.  For expenses of Teachers’ Institute for 1901 and 1902, two hundred dollars ($200), payable out of the General School Fund.

      Sec. 22.  For the salaries of Justices of the Supreme Court, twenty-seven thousand dollars ($27,000).

      Sec. 23.  For salary of Superintendent of State Printing, four thousand dollars ($4,000).

      Sec. 24.  For the support of the State Printing Office, fourteen thousand dollars ($14,000).

      Sec. 25.  For printing and binding Nevada Reports: For 25th Nevada Reports, sixteen hundred dollars ($1,600). For 26th Nevada Reports, sixteen hundred dollars ($1,600). For 17th Nevada Reports (reprint), sixteen hundred dollars ($1,600).

      Sec. 26.  For bookbinding, three thousand dollars ($3,000).

      Sec. 27.  For transportation, care and support of the indigent insane of the State, to be expended under the direction of the Board of Commissioners for the care of the Indigent Insane, seventy-one thousand dollars ($71,000).

      Sec. 28.  For repairs of fences, ditches, etc., on grounds of Hospital for Mental Diseases, thirty-five hundred dollars ($3,500).

      Sec. 29.  For the support of the State Orphans’ Home, to be expended under the direction of the Board of Directors, twenty-seven thousand dollars ($27,000).

      Sec. 30.  For repairs of fences, houses, etc., on property of State Orphans’ Home, three thousand dollars ($3,000).

      Sec. 31.  For salary of one teacher and one assistant teacher at the State Orphans’ Home, twenty-four hundred ($2,400) payable out of the General Fund.

      Sec. 32.  For the support of the Nevada State Prison, fifty-seven thousand dollars ($57,000).

      Sec. 33.  For improvements at Nevada State Prison, one thousand dollars ($1,000).

      Sec. 34.  For the education of the deaf, dumb and blind and their transportation to and from the Institution, to be expended under the direction of the State Board of Education, forty-five hundred dollars ($4,500), payable out of the General Fund.

Township plats.

 

 

Attorney at Washington.

 

Superintendent of Public Instruction.

 

Traveling expenses.

 

Teachers’ Institute.

 

Supreme Court.

 

State Printer

 

State printing.

 

Nevada Reports.

 

 

Bookbinding.

Insane Asylum.

 

 

Repairs.

 

State Orphans’ Home.

 

Repairs.

 

Teachers at Orphans’ Home.

State Prison.

 

Improvements.

 


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κ1901 Statutes of Nevada, Page 60 (CHAPTER 49)κ

 

Deaf, dumb and blind.

 

 

District Judges.

 

Care of State buildings.

 

 

Stationery, lights, fuel.

 

Current expenses.

 

 

 

 

Election expenses.

 

Weather Service.

 

Board of Health.

State University.

 

 

 

Repairing Legislative Halls.

 

State Library Clerk.

 

Reporter of Supreme Court Decisions.

 

Nevada Reports.

 

Insurance.

 

State militia.

 

Official advertising.

 

State Agricultural Society.

and their transportation to and from the Institution, to be expended under the direction of the State Board of Education, forty-five hundred dollars ($4,500), payable out of the General Fund.

      Sec. 35.  For traveling expenses of the District Judges, twenty-five hundred dollars ($2,500).

      Sec. 36.  For salary of janitor, gardeners and night watchman for the State Capitol building and grounds, also Printing Office building and grounds, six thousand dollars ($6,000).

      Sec. 37.  For stationery, fuel and lights for State offices and the State Capital building and grounds, thirty-five hundred dollars ($3,500).

      Sec. 38.  For current expenses, telegraph, postal and contingent, for the State officers, Supreme Court and State Library, and for transportation of State property, thirty-six hundred dollars ($3,600), which said sum incudes the sum of three hundred dollars ($300) for necessary typewriting for the offices of Governor and Attorney-General, as directed by them.

      Sec. 39.  For election expenses, purchase of paper, boxing, freights, etc., four hundred and fifty dollars ($450).

      Sec. 40.  For salary of Director of the State Weather Service, six hundred dollars ($600).

      Sec. 41.  For support of the State Board of Health, five hundred dollars ($500).

      Sec. 42.  For the support of the State University, thirty-six thousand dollars ($36,000), payable as follows: From the Contingent University Fund, twenty-six thousand dollars ($26,000); and from the Interest Account, Ninety-Thousand-Acre Grant, ten thousand dollars ($10,000).

      Sec. 43.  For the furnishing of light and fuel, and repairing Legislative Halls and furniture for the Twenty-first Session of the State Legislature, two hundred and fifty dollars ($250).

      Sec. 44.  For pay of salary of Clerk in State Library, to be expended under the direction of the Secretary of State, fourteen hundred and forty dollars ($1,440).

      Sec. 45.  For salary of Secretary of State and ex officio Clerk of the Supreme Court as ex officio Reporter of Supreme Court Decisions, twelve hundred dollars ($1,200).

      Sec. 46.  For compiling and indexing Nevada Reports, twelve hundred dollars ($1,200).

      Sec. 47.  For insurance on Capitol building, State Library, public records and furniture, two thousand dollars ($2,000).

      Sec. 48.  For cleaning and shipment of arms and medical examination of State militia, six hundred dollars ($600).

      Sec. 49.  For the publication of Supreme Court decisions, and advertising required by the State of Nevada, twelve hundred dollars ($1,200).

      Sec. 50.  For the aid of the State Agricultural Society for the years 1901 and 1902, seventeen hundred and fifty dollars ($1,750). For the aid of the State District Fair, to be held in Carson City, for the years 1901 and 1902, twelve hundred and fifty dollars ($1,250).

 


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κ1901 Statutes of Nevada, Page 61 (CHAPTER 49)κ

 

in Carson City, for the years 1901 and 1902, twelve hundred and fifty dollars ($1,250).

      Sec. 51.  Salary of Cattle Inspector, three hundred dollars ($300).

      Sec. 52.  For maintaining the Capitol grounds and water works, two thousand dollars ($2,000).

      Sec. 53.  The sum of five hundred dollars ($500) is hereby appropriated out of any money in the General Fund for the purpose of giving a better service of meals at the State Orphans’ Home.

State District Fair.

Cattle Inspector.

Capitol grounds.

 

Service of meals at Orphans’ Home.

 

________

 

CHAPTER 50

Chap. L.–An Act to provide for a more uniform valuation and assessment of property in this State.

 

[Approved March 16, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The County Assessors of the several counties of this State shall meet for a period not exceeding ten days in the office of the Governor, at Carson City, Nevada, on the first Monday of April in the year A. D. 1901, and on the second Monday in January of each and every succeeding year and shall, at such meetings, establish throughout the State a uniform valuation of all classes of property which, by their character, will admit of such uniform valuation; provided, that in fixing such valuation the location and situation of such property shall be considered; and provided further, that nothing herein shall be so construed as to impair the right of the Board of Equalization of any county to equalize taxes on all property, the valuation of which has not been fixed at the annual meeting of County Assessors as provided in this section; provided, any taxpayer under the provisions of this Act shall not be deprived of any remedy or redress in a court of law relating to the payment of taxes.

      Sec. 2.  At such meetings the Governor shall be the Chairman, and the Governor’s Secretary shall be the Clerk of said meeting; but neither the Governor nor his Secretary shall have a vote in the proceedings of said Board. The State Controller shall supply all information and data concerning the finances of the State as he may have in his office, either upon his own motion or upon request of the Board. Eight Assessors shall constitute a quorum for the transaction of business and a majority may decide any question before the meeting; provided, that if, at any meeting the Assessor of any county shall, by reason of sickness or other unavoidable cause, be unable to attend any such meeting, then, in that event, the Chairman of the Board of County Commissioners of such county shall attend such meeting and shall act and vote in the place of such absent Assessor, with the same force and effect as the Assessor might do if present; and provided further, that if at any meeting the Governor or his Secretary shall, for any reason, be unable to act as Chairman or Clerk, then, in that event, the Assessors may select one of their own number to act as Chairman or Clerk of that particular meeting.

 

 

 

 

 

 

 

 

Assessors to meet at Carson City in April, 1901, and on second Monday in January of every succeeding year.

To establish uniform reduction.

Proviso.

 

 

 

 

Governor to act as Chairman.

His Private Secretary to act as Clerk.

Controller to supply information.

Eight Assessors to constitute a quorum.

 

When Chairman of Board of County Commissioners to act.

 


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κ1901 Statutes of Nevada, Page 62 (CHAPTER 50)κ

 

 

 

 

A full and correct account of proceedings to be kept.

Report of proceedings to be printed and forwarded to certain officers.

 

 

Valuation to be uniform.

 

 

Ad valorem tax of eighty cents to be levied for State purposes.

 

To be distributed into different funds.

 

 

 

 

 

 

Relating to personal property.

that if at any meeting the Governor or his Secretary shall, for any reason, be unable to act as Chairman or Clerk, then, in that event, the Assessors may select one of their own number to act as Chairman or Clerk of that particular meeting.

      Sec. 3.  The Chairman shall preside at all meetings and the Secretary shall keep a full and correct record of the proceedings thereof, in suitable books which shall be provided for that purpose, and which shall be kept in the office of the Governor.

      Sec. 4.  Immediately after the adjournment of the annual meetings provided for in section one of this Act, it shall be the duty of the governor to cause to be printed and forwarded to the Clerks of Boards of County Commissioners, and to each of the revenue officers of the several counties, a full report of the proceedings of such meetings, which report shall contain a schedule of valuation placed upon the various classes of property as adopted at said meeting.

      Sec. 5.  The valuation fixed at such annual meetings shall be uniform on all such property as may be designated, except in cases where the valuation is affected by its locality; and the Assessors of the several counties of the State shall fix values on all property not so designated at said meeting, in the manner now provided by law.

      Sec. 6.  An annual ad valorem tax of eighty cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for State purposes upon all taxable property in this State, including the net proceeds of mines, except such property as is by law exempt from taxation; provided, that such rate of eighty cents may be changed as hereinafter provided. Of the tax hereby levied fifty-three and four one-hundredths cents shall go into the General Fund of the State, seven and one-fifth cents shall go into the Territorial Interest Fund, seven and three-fifth cents shall go into the State Interest and Sinking Fund, ninety-six one hundredths of one cent shall go into the State University Interest and Sinking Fund, four cents into the General School Fund, eight-tenths of one cent into the University Interest and Sinking Fund, 1897, No. 1, eight-tenths of one cent into the University Interest and Sinking Fund, 1897, No. 2, and five and three-fifths cents into the Contingent University Fund.

      Sec. 7.  In assessing all personal property not secured by real estate, prior to making the final State levy as provided in this section, the State rate of eighty cents on each one hundred dollars valuation, provided in Section six, shall be collected and the State proportion shall be forwarded to the State Treasurer in the first semi-annual settlement. Immediately after the Auditor’s statement of valuation, provided for in section ten of this Act, shall have been received by the State Controller, the Governor, State Controller and Attorney-General shall meet and ascertain the aggregate valuation of all the taxable property in the State, as reported by the several County Auditors.

 


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κ1901 Statutes of Nevada, Page 63 (CHAPTER 50)κ

 

the taxable property in the State, as reported by the several County Auditors. They shall then proceed to fix the State rate of taxation (not to exceed eighty cents on each one hundred dollars) in proportion as the amount required to conduct the State Government for that year stands to the whole property valuation in the State; but in no case shall they fix a rate which will give the State more revenue than necessary to meet the total amount of appropriations made by the last preceding Legislature.

      Sec. 8.  When the rate of State tax shall have been fixed as provided in section seven, it shall be the duty of the State Controller to immediately notify the several County Assessors and County Auditors of the same.

      Sec. 9.  In case of a reduction being made, in the levy for State purposes, each of the several counties of the State shall be credited by the State Controller with the difference between the amount previously paid to the State during that fiscal year and the amount due under the rate fixed in accordance with the provisions of section seven of this Act, and the amount so credited shall be deducted in making the next settlement with the State.

      Sec. 10.  The several County Auditors shall, annually, on or before the fourth Monday in October of each year, forward to the State Controller a statement under seal of his office of the aggregate assessment of all property on the assessment roll in his county, segregating the personal from the real property.

      Sec. 11.  It shall be the duty of each County Assessor to fix the valuation of property which may be assessed by him at the valuation placed on the same class of property at the regular annual meeting of Assessors for the State.

      Sec. 12.  There shall be allowed and paid to each County Assessor attending the meetings of County Assessors required in section one, the actual expenses of such Assessors in going to and returning from his county to attend each meeting; and an itemized statement of such expenses duly verified shall be presented to the State Board of Examiners, who shall audit the same as other claims against the State are allowed and paid.

      Sec. 13.  Should any Assessor in the State neglect or refuse to assess property in accordance with the provisions of this Act, or laws now in force and effect, or place a less valuation on any property than has been fixed at said meeting of Assessors, the Governor, State Controller or Attorney-General shall, upon due notification, instruct the District Attorney of said Assessor’s county to bring suit against such Assessor and his bondsmen for the full amount of taxes liable to be lost to the State and county by reason of such failure or neglect to properly assess such property. The suit shall be tried in the District Court having jurisdiction in the county where the property is situated.

      Sec. 14.  The District Attorney shall have the assistance and advice of the Attorney-General in prosecuting the suit in case the Governor and State Controller shall deem it advisable.

Governor, Controller and Attorney-General to ascertain valuation of taxable property, when.

 

 

Relating to State tax.

 

 

Relating to reduction in levy for State purposes.

 

 

 

 

When County Auditors shall forward to Controller assessment of property.

Duty of Assessors.

 

 

Expenses allowed Assessors in attending meetings.

Board of Examiners to audit.

 

Neglect of Assessors.

 

 

 

Assessors to be sued, when.

 

Bondsmen to be sued.

 


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κ1901 Statutes of Nevada, Page 64 (CHAPTER 50)κ

 

District Attorney to have assistance of Attorney-General.

Right of appeal.

 

Relating to Governor, Controller and Attorney-General.

When traveling expenses allowed.

Duty of State Printer.

 

 

When taxpayer allowed rebate.

 

 

Excess paid out of State fund.

Appropriation.

and advice of the Attorney-General in prosecuting the suit in case the Governor and State Controller shall deem it advisable. In case of an adverse decision of the Court, the State shall pay all costs. Either party to the suit shall have the right of appeal to the Supreme Court and the usual stay of proceedings, upon the filing of the proper bond to be approved by the Judge of the Court.

      Sec. 15.  Neither the Governor, State Controller or Attorney-General shall receive any additional compensation for their services imposed by this Act; but shall be allowed their actual traveling expenses when absent from the Capitol on duty connected with or required by this Act. Such claim for expenses shall be accompanied by proper vouchers and shall be audited and allowed as other claims against the State. All printing necessary to carry out the provisions of this Act shall be ordered by the said State officers at the State Printing Office, and the State Printer is hereby authorized and directed to supply the same.

      Sec. 16.  Any taxpayer who shall have paid taxes on personal property prior to making the final levy during any fiscal year, shall be entitled to have any excess he may have so paid refunded at any time during that year by presenting a claim in regular form against the county where such taxes were paid, for the amount of such excess, and the same shall be audited and paid out of the excess so created in the State Fund in the county treasury.

      Sec. 17.  The sum of three thousand (3,000) dollars is hereby appropriated out of any money in the General Fund not otherwise appropriated to carry out the provisions of this Act.

      Sec. 18.  All Act and parts of Acts, in so far as they conflict with the provisions of this Act, are hereby repealed.

      Sec. 19.  This Act shall take effect on and after its passage.

 

________

 

CHAPTER 51

 

Chap. LI.–An Act to amend section one of an Act entitled “An Act supplemental to an Act entitled ‘An Act to provide revenue for the support of the Government of the State of Nevada, and to repeal certain Acts relating thereto,’ approved March 23, 1891, and to all Acts amendatory thereof, and to provide for a license upon the business of owning, raising, grazing, herding, or pasturing sheep in the several counties of the State of Nevada, and to declare a violation thereof a misdemeanor, and to provide a punishment therefor,” approved March 12, 1895.

 

[Approved March 14, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of said Act is hereby amended so as to read as follows:

 


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κ1901 Statutes of Nevada, Page 65 (CHAPTER 51)κ

 

      Section one.  Every person now engaged in, or [who] may hereafter engage in the business of owning, raising, grazing, herding or pasturing sheep, as either owner, lessee, or manager of said sheep, in any county in the State of Nevada, must annually procure a license therefor from the Sheriff as Collector of Licenses of each of such counties and make payment therefor as follows in advance for each band, flock or bunch of sheep:

      First-Such person owning or having in his possession or under his control as lessee or manager five thousand sheep or more shall be deemed of the first class and must pay the sum of two hundred and fifty dollars per annum for the first five thousand sheep, and the further sum of fifty dollars per annum for every additional one thousand sheep or fraction thereof.

      Second-Such person owning or having in his possession or under his control as lessee or manager four thousand sheep and less than five thousand shall be deemed of the second class and must pay the sum of two hundred dollars per annum.

      Third-Such person owning or having in his possession or under his control as lessee or manager three thousand sheep and less than four thousand shall be deemed of the third class and must pay the sum of one hundred and fifty dollars per annum.

      Fourth-Such person owning or having in his possession or under his control as lessee or manager two thousand sheep and less than three thousand shall be deemed of the fourth class and must pay the sum of one hundred dollars per annum.

      Fifth-Such person owning or having in his possession or under his control as lessee or manager fifteen hundred sheep and less than two thousand shall be deemed of the fifth class and must pay the sum of seventy-five dollars per annum.

      Sixth-Such person owning or having in his possession or under his control as lessee or manager one thousand sheep and less than fifteen hundred shall be deemed of the sixth class and must pay the sum of fifty dollars per annum.

      Seventh-Such person owning or having in his possession or under his control as lessee or manager any number of sheep less than one thousand shall be deemed of the seventh class, and must pay the sum of twenty-five dollars per annum; provided, that the provisions of this Act shall not apply to any person, persons, firm, company, association or corporation who shall be the owner and holder of land in the State of Nevada equal to one acre for each three sheep so owned, raised, grazed, herded or pastured; and provided further, that the lessee of lands shall not be deemed or taken as the owner and holder of land within the meaning of the provisions of this Act; and it is further provided, that nothing in this Act contained shall be so construed as to require the procurement of more than one license for the same sheep,

Relating to sheep.

 

 

To procure annual license in advance.

 

License for 5,000 or more sheep.

 

 

 

License for 4,000 sheep.

 

 

License for 3,000 sheep.

 

 

License for 2,000 sheep.

 

 

License for 1,500 sheep.

 

 

License for 1,000 sheep.

 

 

License for less than 1,000 sheep.

Proviso.

 

 

 

 

One license per year for same sheep.

 


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κ1901 Statutes of Nevada, Page 66 (CHAPTER 51)κ

 

 

procurement of more than one license for the same sheep, in the State of Nevada during the same year.

 

________

 

CHAPTER 52

 

 

 

 

 

 

 

 

 

 

 

Judgment of death.

 

 

 

 

 

Warden of State Prison to execute death sentence.

 

Governor and Warden only to suspend execution, except in appeal cases.

 

 

 

 

If defendant is insane.

 

 

Warden may impanel jury to determine insanity of defendant.

 

 

 

Certificate of inquisition.

Chap. LII.–An Act amendatory of and supplementary to an Act entitled “An Act to regulate proceedings in criminal cases in the courts of justice in the Territory of Nevada.”

 

[Approved March 13, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section four hundred and fifty-four of said Act is hereby amended so as to read as follows:

      Section four hundred and fifty-four.  When judgment of death is rendered, a warrant, signed by the Judge and attested by the Clerk, under the seal of the Court, must be drawn and delivered to the Sheriff. It must state the conviction and judgment, and appoint a day on which the judgment is to be executed, which must not be less than sixty days nor more than ninety days from the time of the judgment, and must direct the Sheriff to deliver the defendant within seven days, or as soon thereafter as travel will permit, to the Warden of the State Prison of this State, for execution, such Prison to be designated in the warrant.

      Sec. 2.  Section four hundred and fifty-seven of said Act is hereby amended so as to read as follows:

      Section four hundred and fifty-seven.  No Judge, Court or officer, other than the Governor, can suspend the execution of a judgment of death, except the Warden of the State Prison to whom he is delivered for execution, as provided in the eight succeeding sections, unless an appeal is taken. When an appeal is taken from a judgment of death, the appellate court, and any Judge thereof in vacation, may suspend the execution until the appeal is heard and determined.

      Sec. 3.  Section four hundred and fifty-eight of said Act is hereby amended so as to read as follows:

      Section four hundred and fifty-eight.  If, after judgment of death, there is good reason to suppose that the defendant has become insane, the Warden of the State Prison to whom he is delivered for execution, with the concurrence of the Judge of the District Court of the county in which such Prison is situated, may summon from the list of jurors selected by the County Commissioners for the year, a jury of twelve persons, to inquire into the supposed insanity, and must give immediate notice thereof to the District Attorney of said county.

      Sec. 4.  Section four hundred and sixty of said Act is hereby amended so as to read as follows:

      Section four hundred and sixty.  A certificate of the inquisition must be signed by the jurors and the Warden, and filed with the Clerk of the District Court of the county in which such Prison is situated.

 


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κ1901 Statutes of Nevada, Page 67 (CHAPTER 52)κ

 

filed with the Clerk of the District Court of the county in which such Prison is situated.

      Sec. 5.  Section four hundred and sixty-one of said Act is hereby amended so as to read as follows:

      Section four hundred and sixty-one.  If it is found by the inquisition that the defendant is sane, the Warden must execute the judgment; but if it is found that he is insane, the Warden must suspend the execution of the judgment until he receives a warrant from the Governor, or from the Judge of the District Court of the county in which such State Prison is situated, directing the execution of the judgment.

      Sec. 6.  Section four hundred and sixty-two of said Act is hereby amended so as to read as follows:

      Section four hundred and sixty-two.  If the inquisition finds that the defendant is insane, the Warden must immediately transmit it to the Governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment.

      Sec. 7.  Section four hundred and sixty-three of said Act is hereby amended so as to read as follows:

      Section four hundred and sixty-three.  If there is good reason to suppose that a female against whom a judgment of death is rendered is pregnant, the Warden of the State Prison to whom she is delivered for execution, with the concurrence of the District Court of the county in which such State Prison is situated, may summon a jury of three physicians to inquire into the supposed pregnancy. Immediate notice thereof must be given to the District Attorney of such county, and the provisions of sections four hundred and fifty-nine and four hundred and sixty apply to the proceedings upon the inquisition.

      Sec. 8.  Section four hundred and sixty-four of said Act is hereby amended so as to read as follows:

      Section four hundred and sixty-four.  If it is found by the inquisition that the female is not pregnant, the Warden must execute the judgment; if it is found that she is pregnant, the Warden must suspend the execution of the judgment, and transmit the inquisition to the Governor.

      Sec. 9.  Section four hundred and sixty-six of said Act is hereby amended so as to read as follows:

      Section four hundred and sixty-six.  If for any reason a judgment of death has not been executed, and it remains in force, the Court in which the conviction is had, on the application of the District Attorney of the county in which the conviction is had, must order the defendant to be brought before it; or, if he be at large, a warrant for his apprehension may be issued.

      Sec. 10.  Section four hundred and sixty-seven of said Act is hereby amended so as to read as follows:

      Section four hundred and sixty-seven.  Upon the defendant being brought into court, it must inquire into the facts, and if no legal reasons exist against the execution of the judgment, must make an order that the Warden of the State Prison, to whom the Sheriff is directed to deliver the defendant, shall execute the judgment at a specified time.

 

 

 

When defendant is found insane or sane.

 

 

 

 

 

If insane.

 

 

 

 

 

If defendant is a female and pregnant Warden to summon a jury of three physicians.

Notice to be given.

 

 

 

 

 

If defendant is pregnant, execution suspended.

 

 

 

 

If judgement of death has not been executed.

 

 

 

 

 

Relating to execution of judgment.

 


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κ1901 Statutes of Nevada, Page 68 (CHAPTER 52)κ

 

 

 

 

 

 

Death penalty to be by hanging within inclosed limits of State Prison.

 

Suitable inclosure to be provided by Prison Commissioners.

Warden to be present and to select twelve reputable citizens.

 

 

Warden to make return to the Court.

judgment, must make an order that the Warden of the State Prison, to whom the Sheriff is directed to deliver the defendant, shall execute the judgment at a specified time.

      Sec. 11.  Section four hundred and sixty-eight of said Act is hereby amended so as to read as follows:

      Section four hundred and sixty-eight.  The punishment of death shall be inflicted by hanging the defendant by the neck until he be dead, within the inclosed limits of the State Prison, and a suitable and efficient inclosure shall be provided by the Board of Prison Commissioners for the purpose. The Warden of the Prison where the execution is to take place must be present at the execution, and must invite the presence of a physician, the Attorney-General of the State, and at least twelve reputable citizens to be selected by him; and he shall, if requested by the defendant, permit such ministers of the gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace officers as he may deem proper to witness the execution. But no other persons than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the same.

      Sec. 12.  After the execution, the Warden must make a return upon the death warrant to the Court by which the judgment was rendered, showing the time, place, mode and manner in which it was executed.

      Sec. 13.  This Act shall take effect January 1, 1903.

 

________

 

CHAPTER 53

 

 

 

 

 

 

 

Felony to sell, barter or give liquor to Indians.

 

 

 

 

Fines paid into School Fund.

 

Reward to informer.

Chap. LIII.–An Act to prohibit the sale of ardent spirits to the Indians.

 

[Approved March 14, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Any person who shall, after the passage of this Act, sell, barter, give, or in any manner dispose of any spirituous or malt liquors, wine or cider, of any description whatever, to any Indian within this State, shall be deemed guilty of a felony, and upon conviction thereof, shall be fined in any sum not less than one hundred dollars, or be imprisoned in the State Prison for a period of not more than three years, nor less than one year.

      Sec. 2.  All fines imposed and collected under the provisions of this Act shall be paid into the School Fund, and the Court before whom the conviction is had is hereby authorized and empowered to tax as part of the costs, the sum of one hundred dollars against the defendant, which last sum shall go to any person giving information leading to the arrest of the defendant; and in the event of the failure or refusal of the defendant to pay or cause to be paid the said costs of one hundred dollars, the same shall remain as a judgment against the defendant; provided, that in no case shall the informer have any claim or demand against the county or State.

 


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κ1901 Statutes of Nevada, Page 69 (CHAPTER 53)κ

 

refusal of the defendant to pay or cause to be paid the said costs of one hundred dollars, the same shall remain as a judgment against the defendant; provided, that in no case shall the informer have any claim or demand against the county or State.

      Sec. 3.  In all cases prosecuted under the provisions of this Act, Indians shall be competent witnesses; provided, such Indian answers all questions asked on cross-examination, on matters to which he has testified on direct examination, as fully and fairly as he did on direct examination.

      Sec. 4.  If any witness testifying under the provisions of this Act fails or refuses to answer questions, as fully and fairly one way or the other, for or against the defendant, the Judge or jury are at liberty to entirely disregard the testimony of such witness.

      Sec. 5.  An Act entitled “an Act to prohibit the sale of ardent spirits, firearms and ammunition to the Indians,” approved December 17, 1862, and an Act entitled “An Act to prohibit the sale of ardent spirits to the Indians,” approved February 25, 1885, and all other Acts in conflict with the provisions of this Act, are hereby repealed.

 

 

No claim against county or State.

Indians, when competent witnesses.

 

When testimony of witness to be disregarded.

 

Repeal

 

________

 

CHAPTER 54

Chap. LIV.–An Act to amend section twenty-three of an Act entitled “An Act relating to elections,” approved March 12, 1873.

 

[Approved March 14, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section twenty-three of an Act entitled “An Act relating to elections,” is hereby amended so as to read as follows:

      Section twenty-three.  It shall be the duty of the Board of County Commissioners of the several counties of the State at their regular meeting in October preceding any general election (and fifteen days preceding each special election) to determine the number of special Deputy Sheriffs to be appointed by the Sheriff of the several counties to serve at each election precinct, for the purpose of preserving order and making arrests, to be paid as other fees.

 

 

 

 

 

 

 

 

 

 

County Commissioners to determine number of Deputy Sheriffs to serve at election.

 

________

 

 


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κ1901 Statutes of Nevada, Page 70κ

CHAPTER 55

 

 

 

 

 

 

 

 

 

 

 

County Commissioners to appoint Sheep Inspector.

 

Inspector to give an undertaking.

Chap. LV.–An Act to amend section one of an Act entitled “An Act to prevent the dissemination of contagious diseases among sheep; to provide for the appointment of Sheep Inspectors in the several counties of this State, and to define their duties and compensation,” approved February 23, 1893.

 

[Approved March 14, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section one of said Act is hereby amended so as to read as follows:

      Section one.  It is hereby made the duty of the several Boards of County Commissioners in this State, at their first regular meeting in April, nineteen hundred and one, and annually thereafter, to appoint an Inspector of Sheep for each of the counties of this State, who shall reside in the county for which he is appointed. Each Inspector as appointed, before entering upon the duties of his office, shall take his oath of office, and give an undertaking to the people of the State of Nevada, for the use of the respective counties thereof, with two or more sureties, to be approved by the Board of County Commissioners, conditioned for the faithful performance of his duties, and in such sum as the County Commissioners of the several counties may deem sufficient for the faithful performance of the duties of his office and the enforcement of the requirements of this Act.

 

________

 

CHAPTER 56

 

 

 

 

 

 

 

 

 

 

 

Relating to National Guard.

 

Armories to be provided.

Expenses of maintaining armories, how paid.

Chap. LVI.–An Act to amend section one of An Act entitled “An Act relating to the Nevada National Guard,” approved March 8, 1897; approved February 28, 1899.

 

[Approved March 15, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of an Act entitled “An Act relating to the Nevada National Guard” is hereby amended so as to read as follows:

      Section one.  It shall be the duty of the Board of County Commissioners of any county in which public arms, accouterments, 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 expenses 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.

 


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κ1901 Statutes of Nevada, Page 71 (CHAPTER 56)κ

 

missioners. The Treasurer shall require duplicate receipts from the person presenting such 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 sixty ($60) dollars per month for any company.

 

 

 

 

Maximum of $60 per month for armory rent.

 

________

 

CHAPTER 57

Chap. LVII.–An Act to amend section two of an Act entitled “An Act to provide revenue for the support of certain counties in the State of Nevada, and matters pertaining to the apportioning and disbursement thereof,” approved March 5, 1897.

 

[Approved March 15, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section two of the above-entitled Act is hereby amended so as to read as follows:

      Section two.  The County Treasurer shall apportion the moneys derived from the tax levy for county purposes as follows, to wit: Of the said three dollars specified in section one, forty-three (43) cents shall be placed in the School Fund, thirty (30) cents in the Interest Fund, sixty (60) cents in the Contingent Fund, twenty-five (25) cents in the Indigent Fund, ninety (90) cents in the Officers’ Salary Fund, and fifty-two (52) cents in the General Fund.

 

 

 

 

 

 

 

 

 

 

 

 

Moneys from tax levies, how apportioned by County Treasurer.

 

________

 

CHAPTER 58

Chap. LVIII.–An Act fixing the salaries and compensation of county officers in Lander county, State of Nevada.

 

[Approved March 15, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the first Monday in January, nineteen hundred and three, the following-named officers within Lander county, State of Nevada, shall receive in full payment for all services rendered by them the following salaries and fees: The Sheriff shall receive six hundred dollars per annum and the fees now allowed by law. He may appoint a Jailer, whose salary shall be one hundred dollars per month. The County Assessor shall receive twelve hundred and fifty dollars per annum. The County Recorder, as such and ex officio Auditor, shall receive twelve hundred dollars per annum and the fees allowed under the Act of February 27, 1883. He shall perform all county work required in his office, extend the annual assessment roll without further compensation or charge against the county.

 

 

 

 

 

 

 

 

Salaries of Lander county officers.

 

Sheriff.

 

Assessor.

Recorder and Auditor.

 


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κ1901 Statutes of Nevada, Page 72 (CHAPTER 58)κ

 

Treasurer.

 

Clerk.

District Attorney.

 

Commissioners.

 

 

Payable monthly.

in his office, extend the annual assessment roll without further compensation or charge against the county. The County Treasurer shall receive twelve hundred dollars per annum. The County Clerk shall receive nine hundred dollars per annum and such civil fees as are now allowed by law. The District Attorney, as such and ex officio Superintendent of Schools, shall receive twelve hundred dollars per annum. The County Commissioners shall each receive a salary of six hundred dollars per annum, and no mileage, traveling or other expenses shall be allowed or made a charge against Lander county.

      Sec. 2.  All salaries provided for under the provisions of this Act shall be payable monthly.

      Sec. 3.  All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

 

________

 

CHAPTER 59

 

 

 

 

 

 

 

 

 

 

 

Relative to the measurement of streams.

 

$4,000 appropriated

 

How apportioned and used.

Chap. LIX.–An Act to provide for the measurement of streams, the survey of reservoir sites, the determination of the irrigation possibilities and of the best methods of controlling and utilizing the water resources of the State of Nevada, in cooperation with the United Geological Survey and the United States Department of Agriculture and the Nevada Experiment Station.

 

[Approved March 16, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  For the measurement of the discharge of streams, the examination and survey of sites for storage reservoirs, the determination of the irrigation possibilities, and the best methods of controlling and utilizing the resources of the State of Nevada, during the years 1901 and 1902, the sum of four thousand dollars is hereby appropriated out of the General Fund of the State. Of this sum two thousand dollars shall be credited to the investigations carried on by the representative or agent of the United States Geological Survey in charge of hydrography, and two thousand dollars shall be credited to the investigations carried on by the representative or agent of the United States Department of Agriculture in charge of irrigation investigations in association with the Nevada Agricultural Experiment Station; said money, or any part thereof, to be available when the officers in charge of such investigation on behalf of the Federal Government shall have certified to the Governor of Nevada that an equal or greater sum will be allotted for investigation in the State of Nevada out of any appropriation made by the Congress of the United States for such work.

      Sec. 2.  A State Board of Irrigation is hereby created, to consist of the Governor,

 


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κ1901 Statutes of Nevada, Page 73 (CHAPTER 59)κ

 

consist of the Governor, the Surveyor-General and the Attorney-General of the State of Nevada, who shall direct the expenditure of the money appropriated by section one of this Act, upon plans approved by said Board which the representatives of the United States Geological Survey in charge of hydrography, and of the United States Department of Agriculture in charge of irrigation investigation, shall supply.

      Sec. 3.  The Governor shall be Chairman and the Surveyor-General shall be the Secretary of said Board of Irrigation.

      Sec. 4.  The stream measurements, surveys, and the investigations contemplated by this Act shall be made by the hydrographers of the United States Geological Survey and the agents of the United States Department of Agriculture, and the expenses thereof shall be allowed and paid out of the money appropriated for that purpose upon vouchers signed by the hydrographer of the Geological Survey, or the agent of the Department of Agriculture in charge of said work and certified by the Chairman and Secretary of the Board of Irrigation, in the same manner as other bills against the State are allowed and paid.

      Sec. 5.  After the reports of the results of any surveys and investigations made under the provisions of this Act have been published by the United States Geological Survey and the United States Department of Agriculture, the State Printing Office shall publish such additional copies of these reports, for distribution to the citizens of the State of Nevada, as the State Board of Irrigation shall direct.

      Sec. 6.  The State Board of Irrigation is hereby authorized and empowered to have printed by the State Printing Office, for the information of the citizens of the State, copies of, or extracts from, any United States Government reports touching upon the subject of irrigation which, in their judgment, may be of especial interest or value to the people of the State of Nevada.

      Sec. 7.  The results of the investigations shall be reported to the State Board of Irrigation from time to time, as said State Board shall direct.

Creation of State Board.

To direct expenditure.

 

 

 

Chairman and Secretary.

Manner of taking measurements, and by whom.

Payment therefor.

 

 

 

 

Reports of the results and manner of publishing.

 

 

Authority for printing reports.

 

 

 

Reports to State Board.

 

________

 

CHAPTER 60

Chap. LX.–An Act to provide for incorporation, operation, and management of cooperative associations.

 

[Approved March 16, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be lawful for five or more persons to form a cooperative association for the purpose of transacting any lawful business. Such associations shall not have or issue any capital stock, but shall issue membership certificates to each member thereof, and such membership certificates cannot be assigned so that the transferee thereof can by such transfer become a member of the association except by the resolution of the Board of Directors of the association.

 

 

 

 

 

 

 

 

Relating to cooperative associations.

Not to issue capital stock.

 


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κ1901 Statutes of Nevada, Page 74 (CHAPTER 60)κ

 

Membership certificates cannot be assigned except by resolution.

Transferable when.

Interests equal.

 

 

Eighteen years of age eligible to membership.

Proviso.

 

No personal responsibility.

 

 

 

Relating to formation.

 

 

 

 

 

 

Articles of association must be subscribed and acknowledged.

Filed in office of Secretary of State.

 

 

When complete.

 

Adoption of by-laws.

such transfer become a member of the association except by the resolution of the Board of Directors of the association. But by the resolution of consent of the Board of Directors, such certificates may be transferred, so that the transferee may become a member in lieu of the last former holder thereof.

      Sec. 2.  In such association the rights and interest of all members shall be equal, and no member can have or acquire a greater interest therein than any other member has. At every election held pursuant to the by-laws each member shall be entitled to cast one vote and no more. All persons above the age of eighteen years, regardless of sex, shall be eligible to membership, if otherwise qualified and elected as the by-laws may provide; provided, that minors cannot be empowered to make contracts for the association. The by-laws shall provide for the amount of the indebtedness which such association may incur. And no member shall be responsible individually, or personally liable, for any of the debts or liabilities of the association in excess of his proportion of such indebtedness; but in case of the failure and insolvency of such association may be required to pay any unpaid dues or installments which have before such insolvency become due from such member to the association, pursuant to its by-laws.

      Sec. 3.  Every association formed under this Act shall prepare articles of association, in writing, which shall set forth: The name of the association, the purpose for which it is formed, the place where its principal business is to be transacted, the term for which it is to exist (not to exceed fifty years), the number of the directors thereof, and the names and residences of those selected for the first year, the amount which each member is to pay upon admission as a membership fee, and that each member signing the articles has actually paid in such sum, and that the interest and right of each member therein is to be equal. Such articles of association must be subscribed by the original associates or members, and acknowledged by each before some person competent to take an acknowledgement of a deed in this State. Such articles so subscribed and acknowledged shall be filed in the office of the Secretary of State, who shall furnish a certified copy thereof, which shall be filed in the office of the County Clerk of the county where the principal business of such association is to be transacted; and from the time of such filing in the office of said County Clerk the association shall be complete, and shall have and exercise all the powers for which it was formed.

      Sec. 4.  Every association formed under this Act must, within forty days after it shall so become an association, adopt a code of by-laws for the government and management of the association, not inconsistent with this Act. A majority of all the associates shall be necessary to the adoption of such by-laws, and the same must be written in a book, and subscribed by the members adopting the same; and the same cannot be amended or modified except by the vote of a majority of all the members, after notice of the proposed amendment shall be given, as the by-laws may provide.

 


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κ1901 Statutes of Nevada, Page 75 (CHAPTER 60)κ

 

adoption of such by-laws, and the same must be written in a book, and subscribed by the members adopting the same; and the same cannot be amended or modified except by the vote of a majority of all the members, after notice of the proposed amendment shall be given, as the by-laws may provide. Such association may, by its code of by-laws, provide for the time, place, and manner of calling and conducting its meetings; the number of Directors, the time of their election, their term of office, the mode and manner of their removal, the mode and manner of filling vacancies in the Board caused by death, resignation, removal, or otherwise, and the power and authority of such Directors, and how many thereof shall be necessary to the exercise of the powers of such Directors, or of any officer; the number of the officers, if any, other than the Directors, and their term of office, the mode of removal, and the method of filling a vacancy; the mode and manner of conducting business; the mode and manner of conducting elections, and may provide for voting by ballots forwarded by mail or otherwise; provided, the method shall secure the secrecy of the ballot; the mode and manner of succession of membership, and the qualifications of membership, and on what conditions, and when membership shall cease, and the mode and manner of expulsion or refusal of a member, subject to the right that an expelled or refused member shall have a right to have a Board of Arbitration consisting of three persons, one selected by the Board of Directors, one by the expelled or refused member and a third by the other two, appraise his interest in the association in either money, property, or labor, as the Director shall deem best, and to have the money, property, or labor so awarded him paid or delivered, or performed within forty days after expulsion or refusal; the amount of membership fee, and the dues, installments, or labor which each member shall be required to pay or perform, if any, and the manner of collection or enforcement, and for forfeiting or selling of membership interest for non-payment or non-performance; the method, time, and manner of permitting the withdrawal of a member, if at all, and how his interest shall be ascertained, either in money or property, and within what time the same shall be paid or delivered to such member; the mode and manner of ascertaining the interest of a member at his death, if his legal representatives or none of them desire to succeed to the membership, and whether the same shall be paid to his legal representatives in money, or property, or labor, and within what time the same shall be paid, or delivered, or performed; provided, that such withdrawing member, or legal representative of deceased member, has the right of a Board of Arbitration the same as provided for refused members; such other things as may be proper to carry out the purpose for which the association was formed.

      Sec. 5.  The by-laws and all amendments must be recorded in a book and kept in the office of the association, and a copy certified by the Directors, must be filed in the office of the County Clerk, where the principal business is transacted.

Majority necessary for adoption.

How amended.

Provisions of by-laws.

 

 

 

Relating to directors and officers.

 

 

 

 

 

 

 

 

Board of Arbitration to consist of.

 

Relating to expelled members.

 

 

 

 

 

 

Deceased members.

 


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κ1901 Statutes of Nevada, Page 76 (CHAPTER 60)κ

 

By-laws recorded and filed.

 

Property subject to judgment.

 

 

 

 

 

 

 

 

May be altered, changed or modified.

 

Amended articles filed.

 

 

 

How profits shall be divided.

 

 

 

Powers of association.

in a book and kept in the office of the association, and a copy certified by the Directors, must be filed in the office of the County Clerk, where the principal business is transacted.

      Sec. 6.  The property of such association shall be subject to judgment and execution for the lawful debts of the association. The interest of a member in such association, if sold upon execution, or any judicial or governmental order whatever, cannot authorize the purchaser to have any right, except to succeed, as a member in the association, with the consent of the Directors, to the rights of the member whose interest is thus sold. If the Directors shall choose to pay or settle the matter, as provided in case of refused members, after such sale, they may either cancel the membership, and add the interest thus sold to the assets or common property of the association, or reissue the share or right to a new member upon proper payment therefor, as the Directors may determine.

      Sec. 7.  The purpose of the business may be altered, changed, modified, enlarged or diminished, or the articles of association amended, by a vote of two-thirds of all the members, at a special election to be called for such purpose, of which notice must be given the same as the by-laws shall provide for election of Directors. Upon amendment of its articles of association, a copy of its amended articles as amended, shall be duly filed with the Secretary of State, and a certified copy filed with the County Clerk.

      Sec. 8.  The by-laws shall provide for the time and manner in which profits shall be divided between the members, and what proportion of the profits, if any, shall be added to the common property or funds of the association. But the by-laws may provide that the Directors may suspend or pass the payment of any such profit, or installment of earnings, at their discretion.

      Sec. 9.  Every association formed under this Act shall have power of succession by its associate name for fifty years; to, in such name, sue and be sued in any Court; to make and use a common seal, and alter the same at pleasure; to receive by gift, devise, or purchase, hold, and convey real and personal property, as the purposes of the association may require; to appoint such subordinate agents or officers as the business may require; to admit associates or members, and to sell or forfeit their interest in the association for default of installments, or dues, or work, or labor required, as provided by the by-laws; to enter into any and all lawful contracts or obligations essential to the transaction of its affairs, for the purpose for which it was formed, and to borrow money, and issue all such notes, bills, or evidence of indebtedness or mortgage as its by-laws may provide for; to trade, barter, buy, sell, exchange, and to do all other things proper to be done for the purpose of carrying into effect the objects for which the association is formed.

 


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κ1901 Statutes of Nevada, Page 77 (CHAPTER 60)κ

 

      Sec. 10.  Any association formed or consolidated under this Act may be dissolved and its affairs wound up voluntarily by the written request of two-thirds of the members. Such request shall be addressed to the Directors, and shall specify reasons why the winding up of the affairs of the association is deemed advisable, and shall name three persons who are members to act in liquidation and in winding up the affairs of the association, a majority of whom shall thereupon have full power to do all things necessary to liquidation; and upon the filing of such request with the Directors, and a copy thereof in the office of the County Clerk of the county where the principal business is transacted, all power of the Directors shall cease and the persons appointed shall proceed to wind up the association, and realize upon its assets, and pay its debts, and divide the residue of its money among the members, share and share alike, within a time to be named in said written request, or such further time as may be granted them by two-thirds of the members, in writing, filed in the office of said County Clerk; and upon the completion of such liquidation the said association shall be deemed dissolved. No receiver of any such association or of any property thereof, or of any right therein, can be appointed by any Court, upon the application of any member, save after due process of law.

      Sec. 11.  Any member may upon or subsequent to becoming a member nominate upon his application, or otherwise file with the Secretary of any corporation incorporated under this Act, and of which he is a member, the person whom he desires shall succeed to his membership and interests in said corporation upon his death; and upon proof of said member’s death being made, according to the by-laws and to the satisfaction of said corporation’s Board of Directors, said deceased member’s membership and interest in said cooperative corporation shall by the said Secretary be transferred to the person or persons so nominated, with the consent of the Board of Directors, without letters of administration. And in case said Board of Directors do not consent to said nominee becoming a member, then said corporation shall, within ninety days after proof, pay said nominee the amount which the deceased member has paid on said membership, together with the amount of his other interests in said corporation.

      Sec. 12.  This Act being passed to promote association for mutual welfare, the words “lawful business” shall extend to every kind of lawful effort for business, education, industrial, benevolent, social, or political purposes, whether conducted for profit or not, and this Act shall not be strictly construed, but its provisions must at all times be liberally construed, with a view to effect its object and to promote its purposes.

      Sec. 13.  This Act shall take effect immediately.

How dissolved.

 

 

 

 

 

 

 

 

 

 

 

 

No receiver can be appointed.

 

 

Process of succession.

 

 

 

Relating to deceased member.

 

 

 

 

 

 

 

Lawful business.

 

________

 

 


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κ1901 Statutes of Nevada, Page 78κ

CHAPTER 61

 

 

 

 

 

 

 

 

Relating to election Board.

Rejected ballots counted on separate tally sheet.

 

To be posted.

Chap. LXI.–An Act supplementary to an Act entitled “An Act relating to elections and to more fully secure the secrecy of the ballot,” approved March 13, 1891.

 

[Approved March 18, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Before the close or final adjournment of any Board of Election in any voting precinct in this State, the Inspectors shall canvass and count any and all ballots rejected by them, on a separate tally sheet, in the same manner as legal ballots are now canvassed and counted, and transmit said sheet to the Board of County Commissioners in the ballot box, with the other papers and documents, and the result of the vote cast for any and all candidates, and on any and all questions submitted, so far as can be determined, shall be posted immediately thereafter in some conspicuous place on the building in which the election is held, a duplicate copy of which shall be placed in the ballot box with the other election returns and papers, to the Board of County Commissioners, and the County Clerk shall keep a record of the same.

 

________

 

CHAPTER 62

 

 

 

 

 

 

 

 

Salary of Justice of the Peace of Eureka county.

 

 

 

 

 

 

 

County Commissioners to allow.

Chap. LXII.–An Act fixing the salary of the Justices of the Peace in and for Eureka county, State of Nevada, and matters relating thereto.

 

[Approved March 18, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  That the Justice of the Peace in towns, villages and cities in Eureka county, Nevada, having a voting population of two hundred or more, shall receive the sum of three hundred dollars a year payable in twelve equal or monthly installments, and such fees in civil cases only as are now provided by law; provided, such Justice of the Peace shall have no claim against Eureka county for services rendered in civil cases to which Eureka county is a party, and there shall be no claim against the county by the Justice of the Peace of said towns, villages, or cities for fees in any misdemeanor or criminal cases.

      Sec. 2.  This Act shall take effect from and after its passage.

      Sec. 3.  The Board of County Commissioners of said Eureka county shall at their regular monthly meetings allow the salary named in this Act as other county salaries are allowed, and the County Auditor shall draw his warrant for the same, and the County Treasurer shall pay the same.

 

________

 

 


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κ1901 Statutes of Nevada, Page 79κ

CHAPTER 63

Chap. LXIII.–An Act to provide for the sale of street railway franchises in the towns of this State, and matters properly relating thereto.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The County Commissioners, Town Trustees, Aldermen, Supervisors or other authorities directly entrusted with the management of affairs of any town or city in this State, shall be and hereby are authorized to sell to the highest responsible bidder any street railway franchise through and over any street or streets of such town, according to the provisions of section two of this Act.

      Sec. 2.  Whenever any person, persons, association, company or corporation shall apply to the proper authorities of any town in this State, for a franchise to construct and operate a street railway within the limits of such town, then the said authorities, whether a Board of Aldermen, Town Trustees, County Commissioners or Supervisors, shall advertise in full the proposed franchise, offering the same for sale to the highest responsible bidder. The advertisement of said franchise shall be published for a period of not less than ninety days, and no privilege shall be conveyed or granted by the said town authorities to any successful bidder, unless the same privilege shall have appeared in full in the advertisement for bids, as an essential part thereof. Beside the essential and all features of the proposed franchise, said advertisement shall contain a statement naming the day upon which all bids for said franchise will be opened, and shall state in detail and specifically the street or streets over and through which the proposed street railway is to run, so that the entire course and extent thereof shall be clearly shown; and no franchise shall be given or issued which has not been so specifically and fully described and advertised.

      Sec. 3.  The entire proceeds of the sale of such franchise as may be sold, in accordance with the provisions of this Act, shall be devoted to and expended for the purpose of improving and paving the streets of said town.

      Sec. 4.  No franchise granted according to the provisions of this Act shall be construed so as to in any way interfere with the ordinary and necessary procedure of the town authorities in establishing or conducting any of the essential features of town improvement or the maintenance of sewers, water and gas pipes, cross walks, paving or other public convenience.

      Sec. 5.  Every purchaser of a franchise, according to the provisions of this Act, and every person, persons, company, association or corporation, operating the street railway under said franchise, shall maintain and keep in repair, equally as good as the adjoining portions of the street, immediately surrounding or including said track, that portion of the street included between the rails of said track and also for a distance of two feet outside of said track, on each side thereof.

 

 

 

 

 

 

 

 

Relating to street railway franchises.

 

 

 

Proposed franchise to be advertised

 

 

 

 

 

 

 

Advertisement to contain statement.

 

 

 

 

Proceeds of sale of franchises.

 

Proviso.

 

 

 

 

Streets to be kept in good repair.

 


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κ1901 Statutes of Nevada, Page 80 (CHAPTER 63)κ

 

 

 

To furnish bond.

 

 

Cost of advertising, how paid.

 

 

 

 

Duration.

included between the rails of said track and also for a distance of two feet outside of said track, on each side thereof.

      Sec. 6.  Every person, persons, company, association or corporation, purchasing a franchise under the provisions of this Act, shall furnish a good and sufficient bond to faithfully carry out the provisions under which the franchise is purchased.

      Sec. 7.  The cost of advertising according to the provisions of this Act shall be paid by the successful bidder, but the first applicant for the franchise must deposit with the proper town officials a sum sufficient to pay the cost of advertising as herein provided, and any other necessary incidental expense, which sum so deposited shall be returned to the first applicant in case some other bidder is successful and gets the franchise.

      Sec. 8.  No franchise shall be given under the provisions of this Act for a period longer than twenty years.

 

________

 

CHAPTER 64

 

 

 

 

 

 

 

 

Relating to supplies.

 

 

Bidders to be regular dealers.

Chap. LXIV.–An Act regulating the purchase of supplies by the State of Nevada and the several counties of the State.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  All supplies purchased by the State, or by any of the several counties of the State, shall be purchased of resident merchants who do business in the State of Nevada, where the same can be furnished at an advance of not more than ten per cent above San Francisco prices, freight added. The persons bidding to furnish such supplies shall only be those who are regularly in the business of dealing in such goods as they contract to furnish, and are paying a regular license for the conducting of such business.

      Sec. 2.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

 

________

 

CHAPTER 65

 

 

 

 

 

 

 

 

University hospital.

Chap. LXV.–An Act to provide for the building and equipment of a hospital for students at the Nevada State University, at Reno, Nevada.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of Regents of the State University are hereby authorized and directed to construct and equip a suitable building upon the State land at Reno to be used as a hospital for students who may be sick and in need of special care.

 


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κ1901 Statutes of Nevada, Page 81 (CHAPTER 65)κ

 

      Sec. 2.  The building to be used as a hospital for students and its equipments shall not exceed in cost the sum of thirty-five hundred dollars.

      Sec. 3.  Thirty-five hundred dollars are hereby appropriated for the construction and equipment of said hospital building, and in no case shall a contract be entered into which shall exceed the sum of thirty-five hundred dollars for the erection and equipment of said building.

      Sec. 4.  The money hereby appropriated shall be taken from the State School Fund and, in its place, shall be deposited five bonds of the State of Nevada of seven hundred dollars each, bearing interest at the rate of four per cent per annum; said bonds shall run for twenty years, but shall be reedeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the great seal of the State, and each bond shall State in substance that the State of Nevada owes its State School Fund seven hundred dollars, the interest on which sum at four per cent per annum the State of Nevada agrees to pay during the life of said bonds for the benefit of the State. Said bonds may be lithographed as is usual in similar cases and deposited with the State Treasurer. The interest on said bonds shall be paid semi-annually, on the first day of January and the first day of July of each year, on the written order of the State Board of Education to the State Controller directing him to draw his warrant for the amount of such semi-annual interest on the Contingent University Fund. All sums derived from the interest on said bonds shall be paid into the General School Fund for the support of the common schools of the State and for the regular and prompt payment of which the faith and credit of the State is hereby pledged.

      Sec. 5.  For the fiscal year beginning January first, nineteen hundred and one, and annually thereafter, such an annual tax shall be levied and included in and be a part of the annual tax levy for the Contingent University Fund, not exceeding one-fifth of one cent on each hundred dollars, as may be necessary to pay the annual interest on said bonds and create a sinking fund for their redemption and payment at maturity; which tax, when collected shall be held in said Contingent University Fund and applied only to the payment of said interest and bonds, as required by this Act.

 

 

Appropriation.

 

 

 

From State School Fund.

 

State bonds.

 

 

 

 

 

 

 

 

 

Interest on said bonds.

 

 

 

Annual tax to be levied.

 

 

Applicable to payment of interest and bonds.

 

________

 

 


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κ1901 Statutes of Nevada, Page 82κ

CHAPTER 66

 

 

 

 

 

 

 

 

 

Registry Agents to file complete list of voters with County Clerk.

 

County Clerk to forthwith certify said lists by precincts to Secretary of State.

Chap. LXVI.–An Act requiring Registry Agents to file with the County Clerks a list of the registered voters in their precincts, and requiring each County Clerk to certify the same to the Secretary of State.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of each and every Registry Agent, before receiving pay for his services as such, to send the County Clerk of the county wherein he is serving, a full and complete list of the registered voters in his precinct, with their ages and postoffice address.

      Sec. 2.  It shall be the duty of each and every County Clerk throughout the State upon receiving the said list of registered voters from the different Registry Agents of the different precincts in each county, to furnish forthwith a certified copy of said registry list, containing the names and postoffice address of the said registered voters in each and every county, by precincts, to the Secretary of State, who shall upon receipt file the same in his office.

 

________

 

CHAPTER 67

 

 

 

 

 

 

 

 

Unlawful for Inspectors to put mark upon ballot.

Proviso.

Certificate upon rejected ballot.

Chap. LXVII.–An Act supplemental to an Act entitled “An Act relating to elections and to more fully secure the secrecy of the ballot.”

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any Clerk or Inspector of Election to place any mark whatsoever upon any ballot other than a “spoiled” ballot; provided, however, that when such Clerks or Inspectors of election shall reject a ballot for any alleged defect or illegality, it shall be the duty of such Inspectors of Election to certify over their signatures upon the back of each and every ballot rejected that such ballot or ballots were in fact rejected and briefly stating their reasons therefor.

 

________

 

CHAPTER 68

 

Chap. LXVIII.–An Act to provide for the execution of a warrant issued for the arrest of any person charged with a public offense, in any county of this State.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  A warrant issued for the arrest of any person charged with a felony may be directed generally to any Sheriff,

 


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κ1901 Statutes of Nevada, Page 83 (CHAPTER 68)κ

 

Sheriff, Constable, Marshal or policeman in the county in which it is issued, and may be executed by the peace officer to whom it is directed in any county of the State of Nevada, wherein the person charged in said warrant may be found.

      Sec. 2.  All Acts and parts of Acts in so far as they conflict with the provisions of this Act, are hereby repealed.

How warrant for arrest executed.

 

________

 

CHAPTER 69

Chap. LXIX.–An Act relating to the preparing and printing of the biennial report of the Secretary of State, Clerk of the Supreme Court and State Librarian.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of the Secretary of State to prepare his biennial report, embracing a report of the office of the Secretary of State, of the Clerk of the Supreme Court, and of the State Library, in one and the same cover, and the Board of Examiners shall order printed not less than two thousand nor more than three thousand copies, and the copy of said report shall be prepared and in the hands of the State Printer on or before the second day of January of every odd year, and the State Printer shall at once proceed to print the same, and when printed place the same in the hands of the Secretary of State for distribution.

 

 

 

 

 

 

 

 

Official report of Secretary of State, Clerk of Supreme Court and State Librarian.

 

Number printed.

 

________

 

CHAPTER 70

Chap. LXX.–An Act authorizing a State loan.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this Act, for the purpose of keeping the State on a cash basis without resorting to an onerous rate of taxation, the sum of forty-seven thousand dollars is hereby authorized to be borrowed for the use and benefit of the General Fund of the State from the State School Fund, at such times and in such amounts as may be necessary to meet the requirements of the State Government, and the sum of twenty thousand dollars is hereby authorized to be borrowed for the purpose of providing funds for the support and maintenance of the State University without resorting to an onerous rate of taxation, from the State University Fund and the University Fund, Ninety-Thousand-Acre Grant, for the use and benefit of the Contingent University Fund and Interest Account, Ninety-Thousand-Acre-Grant, at such times and in such amounts as may be necessary to meet the requirements of the State University.

 

 

 

 

 

 

 

Authorizing State loan.

 

For transfer of General Fund.

 

 

Support of University.

 

________

 

 


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κ1901 Statutes of Nevada, Page 84κ

CHAPTER 71

 

 

 

 

 

 

 

 

 

Appropriation for painting Capitol and Printing Office.

 

How apportioned.

 

 

 

 

 

 

 

 

 

Capitol Commissioners authorized.

 

 

Duty of Board of Examiners.

Chap. LXXI.–An Act entitled “An Act to provide for the necessary furniture, painting and repairs upon the State Capitol building and State Printing Office at Carson City Nevada.”

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of six thousand six hundred ($6,600) dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the purpose of defraying the necessary expenses for furniture, painting and repairs upon the State Capitol building and State Printing Office at Carson City, Nevada.

      Sec. 2.  Said appropriation shall be apportioned in a manner and in figures and sums as follows: For painting the dome, roof and cornices of the State Capitol Building and repairing the same, $1,500; for painting and repairing the porticos of the State Capitol building, $200; for painting and repairing the windows of the State Capitol building, $250; for renewing the water pipes and closets in basement, including sewer connections, in State Capitol building, $900; for furniture and furniture repairs in State Capitol building, $400; for carpets in State Capitol building, $800; for general repairs in State Capitol building, $300; for painting and repairing roof, cornices and windows in State Printing Office, $250; for painting and calcimining inside Capitol and State Printing Office, $2,000.

      Sec. 3.  The Board of Capitol Commissioners are hereby authorized to let out such contracts; to arrange for such employment and to regulate the disbursements of said appropriation, under the apportionment hereinbefore prescribed, as in their discretion may be deemed wise and expedient.

      Sec. 4.  All claims against the State resulting from the provisions of this Act shall be regularly presented to the State Board of Examiners for their approval or rejection, in the same manner as are other claims against the State.

      Sec. 5.  The State Controller is hereby authorized to draw his warrant for the said sum herein appropriated, and the State Treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 72

 

Chap. LXXII.–An Act authorizing the use of the rock in the old State Prison walls at Reno for repairing and building purposes at the Asylum and University.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Regents of the State University are hereby authorized to make such use as they may deem proper, of the old State Prison walls at Reno, for repairing and building purposes at the University, and the same right is extended to the State Board of Commissioners for the Insane on behalf of the Hospital for Mental Diseases, commonly known as the Insane Asylum.

 


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κ1901 Statutes of Nevada, Page 85 (CHAPTER 72)κ

 

authorized to make such use as they may deem proper, of the old State Prison walls at Reno, for repairing and building purposes at the University, and the same right is extended to the State Board of Commissioners for the Insane on behalf of the Hospital for Mental Diseases, commonly known as the Insane Asylum.

      Sec. 2.  A record of the amount of stone used shall be kept by the heads of the respective institutions and filed monthly with the Boards and shall appear in the annual reports.

      Sec. 3.  All Acts and parts of Acts in conflict with this Act, are hereby repealed.

Relating to State Prison walls at Reno

 

 

Records to be kept.

 

________

 

CHAPTER 73

Chap. LXXIII.–An Act to provide for the payment by the State of Nevada for certain indebtedness incurred during the Spanish-American War.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of fourteen dollars and fifty cents is hereby appropriated out of the General Fund to pay for printing ordered by the State of Nevada during the Spanish-American War: Carson News, for printing recruiting and enlistment blanks, $12; Morning Appeal, for printing muster rolls, $2 50; total, $14 50. The State Controller is hereby ordered to draw his warrants for the amounts named in section one of the Act and the State Treasurer is directed to pay the same.

 

 

 

 

 

 

 

 

Relief of Carson News and Morning Appeal.

 

________

 

CHAPTER 74

Chap. LXXIV.–An Act providing for the appointment and payment of a State agent at Washington, D. C., to attend to the certification of lands granted by Congress to the State of Nevada, and such other business as may be referred to him under the authority of the Governor.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Governor of the State of Nevada is hereby authorized and required to appoint an agent who shall be authorized to represent the State of Nevada before the General Land Office and the Department of the Interior and the Court of Claims at Washington, D. C., and whose duty it shall be to attend to the certification of lands selected in satisfaction of the grants made by Congress to said State, and to represent said State in all matters growing out of the adjustment and settlements of said grants, and to attend to such other business for the State of Nevada, before any tribunal or authority, as may be referred to him by virtue of the authority of the Governor of the State of Nevada, growing out of any future concessions or grants of land which Congress may make to the State of Nevada, or otherwise.

 

 

 

 

 

 

 

 

 

 

Governor to appoint State Agent at Washington.

Duties of State or Land Agent.

 


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κ1901 Statutes of Nevada, Page 86 (CHAPTER 74)κ

 

 

 

 

Compensation.

 

 

 

 

Appropriation.

 

Repeal.

tribunal or authority, as may be referred to him by virtue of the authority of the Governor of the State of Nevada, growing out of any future concessions or grants of land which Congress may make to the State of Nevada, or otherwise. The Governor of the State of Nevada shall fix the compensation of the said agent at a sum not exceeding three hundred and seventy-five dollars per annum, and the amount so fixed shall be payable quarterly out of any moneys in the State Treasury not otherwise appropriated, upon bills to be certified and approved by the Board of Examiners, in payment of which the Controller of State shall draw his warrant upon the Treasurer of State. The sum of seven hundred and fifty dollars is hereby appropriated for said purpose.

      Sec. 2.  An Act entitled “An Act providing for the appointment of an agent or agents, at Washington, D. C., for attending to the certification of lands granted by Congress to the State of Nevada,” approved March 3, 1873, and all other Acts and parts of Acts, amendatory and supplementary thereof, and in conflict with the provisions of this Act, are hereby repealed.

 

________

 

CHAPTER 75

 

 

 

 

 

 

 

 

Salary of Assessor of Washoe county.

 

 

Salary of Treasurer.

 

 

County Recorder.

Chap. LXXV.–An Act fixing and regulating the salaries of certain officers of Washoe county, Nevada, and the compensation of their deputies.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the approval of this Act the Assessor of Washoe county, Nevada, shall receive a salary of twenty-one hundred dollars per annum, and the further sum of four hundred dollars per annum, to be disbursed solely as compensation for deputies.

      Sec. 2.  From and after the passage of this Act the County Treasurer of Washoe county shall be allowed three hundred dollars per year in addition to any salary and allowances heretofore allowed to him.

      Sec. 3.  From and after the passage of this Act the County Recorder shall be allowed, for extra help, the sum of three hundred dollars, in addition to any salary and allowances heretofore allowed him.

 

________

 

CHAPTER 76

 

Chap. LXXVI.–An Act to provide for the payment of a bounty to encourage the boring of wells in searching for oil, natural gas and artesian water in the State of Nevada.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Any person who first produces five barrels of crude petroleum that is the natural product of the State of Nevada shall receive as a bounty from the State the sum of one thousand ($1,000) dollars.

 


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κ1901 Statutes of Nevada, Page 87 (CHAPTER 76)κ

 

crude petroleum that is the natural product of the State of Nevada shall receive as a bounty from the State the sum of one thousand ($1,000) dollars. The person who first discovers natural gas in the State of Nevada to the extent of no less than one thousand cubic feet shall receive a bounty of one thousand ($1,000) dollars from the State. The first person to sink a well in the State of Nevada not less than six inches in diameter at the bottom, to the depth of one thousand (1,000) feet shall receive a bounty of twenty-five hundred ($2,500) dollars from the State; provided, that such well shall flow at least sixty gallons of water per minute.

      Sec. 2.  The person who applies for any of the bounties under this Act shall file the application with the Chairman of the Board of County Commissioners of the county where the well is situated, and the members of the Board shall examine and measure the well and quantity of oil, gas or water mentioned in section one of this Act, and if all the conditions have been complied with and if they consider the discovery a bona fide discovery or properly coming under the provisions of this Act they shall certify to the same under oath and forward the claim certified and endorsed to the Clerk of the State Board of Examiners, and the claim after being passed upon and audited by the State Board, or a majority thereof, shall be paid as other claims are paid. The warrant shall be drawn by the State Controller and the Treasurer shall pay the same.

      Sec. 3.  Any person receiving a bounty under this Act shall enter into a contract with the State that he or she will, in case the oil, gas or water found is developed in sufficient quantities to become marketable or is sold in any way or bartered for any valuable consideration, that the party so disposing of it shall reimburse the State to the full extent of the bounty received.

      Sec. 4.  A failure on the part of any of the beneficiaries of this Act to so reimburse the State, provided the oil, gas or water is sold for a sufficient sum to meet such obligation, shall constitute a valid cause of action against the party or parties in default, and on the authority of the State Board of Examiners, the Attorney-General shall institute suit for the amount due, and any money or valuable consideration received by any of the beneficiaries of this Act, even should it be a less sum than the amount of the bounty, shall be considered due the State under this Act, with ten per cent interest per annum from the time the money or valuable consideration was received to the time of settlement, allowing thirty days in which to make settlement after the sale of the product or the property.

      Sec. 5.  Should the County Commissioners be put to expense in the investigation of the wells, the cost of the same shall be paid by the owner of the well, and be a lien upon the bounty money.

Bounty for production of crude petroleum.

Natural gas.

 

Artesian water.

 

 

 

Application, how filed.

 

 

 

 

 

 

Duty of Board of Examiners.

 

 

Enter into contract.

 

 

State to be reimbursed, when.

Failure to reimburse.

 

Valid cause of action.

 

 

 

 

 

 

 

Relating to County Commissioners.

 


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κ1901 Statutes of Nevada, Page 88 (CHAPTER 76)κ

 

Bounty, how paid.

 

 

Appropriation.

      Sec. 6.  The bounty shall be first paid to the Clerk of the Board of County Commissioners forwarding the claim to the State, and the warrant issued by the Controller shall be drawn in his name, and not subject to attachment.

      Sec. 7.  The sum of five thousand ($5,000) [dollars] is hereby appropriated out of any money not already appropriated in the General Fund to pay the expenses incurred in this Act.

      Sec. 8.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

 

________

 

CHAPTER 77

 

 

 

 

 

 

 

 

Relief of Sol Hilp, as Cattle Inspector.

Chap. LXXVII.–An Act to provide for the payment of the claim of Sol Hilp for expenses incurred in the performance of his duties as Cattle Inspector.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of forty-one dollars and ten cents is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, to pay the claim of Sol Hilp for expenses incurred in the performance of his duties as Cattle Inspector, which said claim was duly approved by the State Board of Examiners, June 2, 1900.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of Sol Hilp for the sum of forty-one dollars and ten cents and the State Treasurer is directed to pay the same.

 

________

 

CHAPTER 78

 

 

 

 

 

 

 

 

Appropriation for laying water pipe for State.

Chap. LXXVIII.–An Act appropriating fifteen hundred dollars for taking up old and replacing new water pipe for State water works.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of fifteen hundred dollars is hereby appropriated out of any money in the General Fund of the State Treasury, not otherwise appropriated, to be expended under the direction of the State Board of Capitol Commissioners in taking up old and replacing new water pipe for the State water works.

      Sec. 2.  The State Controller is hereby authorized and directed to draw his warrants for allowances made against this appropriation, and the State Treasurer directed to pay the same.

 

________

 

 


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κ1901 Statutes of Nevada, Page 89κ

CHAPTER 79

Chap. LXXIX.–An Act supplemental to an Act entitled “An Act to amend an Act entitled ‘An Act to provide revenue for the support of the Government of the State of Nevada, and to repeal certain Acts relating thereto,’ approved March 23, 1891, and to repeal section 22, section 25, section 28, and section 29 of said Act,” approved February 25, 1893.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of the Assessor in each of the respective counties of the State on or before the second Monday of September in each year to prepare a printed list of all the taxpayers in the county, which list shall represent the value in figures of each subdivision, article, item, or separate piece of property assessed, as the same appears on the Assessor’s statements, with the total valuation in figures assessed to each taxpayer. A copy of said list shall be by said Assessor delivered in person or mailed to each and every taxpayer in the county; provided, that the cost of printing the aforesaid list shall not exceed twenty cents for each name for as many copies as there are names on the list. The several Boards of County Commissioners in the State are authorized and empowered to allow the bill contracted by the Assessor under this section, and the several County Auditors are authorized to draw their warrants in payment for the same.

      Sec. 2.  It shall be unlawful for the County Assessor to prepare any printed list of taxpayers, for distribution, other than provided for in this Act.

 

 

 

 

 

 

 

 

 

 

 

Assessor to prepare printed list of taxpayers.

 

 

 

Copies to be mailed.

 

________

 

CHAPTER 80

Chap. LXXX.–An Act providing for the election of Road Supervisors, for the subdivision of counties into road districts, and matters properly relating thereto.

 

[Approved March 19, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The County Commissioners of each county polling at the last general election eighteen hundred votes or over shall, for the purpose of supervision of roads, divide the county into road districts, each appropriately designated.

      Sec. 2.  At every election of county officers, there shall also be elected one Road Supervisor in each road district, whose duty it shall be to supervise all work upon the roads in his district, and to attest to the propriety of all bills for such work, and to direct the expenditure of all sums set apart for his district by the County Commissioners.

 

 

 

 

 

 

 

 

 

Relating to road districts

 

Road Supervisor to be elected.

 


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κ1901 Statutes of Nevada, Page 90 (CHAPTER 80)κ

 

Compensation, how fixed.

Duty of County Commissioners.

      Sec. 3.  The compensation of Road Supervisors shall be fixed by the County Commissioners.

      Sec. 4.  On or before the fifteenth day of April, nineteen hundred and one, the County Commissioners shall appoint one Road Supervisor for each road district to serve and hold office until their successors have been elected and installed.

 

________

 

CHAPTER 81

 

 

 

 

 

 

 

 

 

Relating to purchase of one-fourth interest in Sullivan water ditch.

 

 

 

Appropriation.

 

 

Duty of State Board.

Chap. LXXXI.–An Act authorizing and empowering the Board of Commissioners for the Care of the Insane to purchase an undivided one-fourth interest in and to the Sullivan water ditch, in Washoe county, Nevada.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of Commissioners for the Care of the Insane of the State of Nevada are hereby authorized and empowered to contract for and purchase from James Sullivan of Washoe county, Nevada, or the legal owner or owners thereof, an undivided one-fourth interest in and to the Sullivan ditch, water right, water therein flowing or to flow, together with all casements and appurtenances belonging to said one-fourth interest.

      Sec. 2.  The sum of nine thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the General Fund of the State not otherwise appropriated to carry out the provisions of section one of this Act.

      Sec. 3.  The Board of Examiners of the State of Nevada are hereby authorized and empowered to allow the purchase price agreed upon by the Board of Commissioners for the Care of the Insane, the Controller to draw his warrant for the same, and the State Treasurer to pay the same.

 

________

 

CHAPTER 82

 

 

 

 

Preamble.

Chap. LXXXII.–An Act for the relief of J. G. Taylor.

 

[Approved March 20, 1901.]

 

      Whereas, In the year nineteen hundred J. W. Guthrie, then Assessor of Humboldt county, settled in full for all poll tax received from the State Controller for Humboldt county for that year; and

      Whereas, during the said year one poll tax book issued by the State Controller and charged to the said J. W. Guthrie, containing twenty-five blank receipts, which said receipts were delivered by the said Assessor, J. W. Guthrie, to J. G. Taylor, and charged to J. G. Taylor on the fourth day of April, 1900, and which receipts were lost, and no value or compensation was received for them by said J.

 


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κ1901 Statutes of Nevada, Page 91 (CHAPTER 82)κ

 

compensation was received for them by said J. G. Taylor, said receipts being of the value of seventy-five dollars; now, therefore,

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of thirty-seven dollars and fifty cents is hereby appropriated out of any money in the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of thirty-seven dollars and fifty cents in favor of J. G. Taylor, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 2.  The Board of County Commissioners of Humboldt county are hereby directed and required to allow the claim of J. G. Taylor in the sum of thirty-seven dollars and fifty cents, the proportion received by the county on allowance for said poll tax receipts; and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same.

 

 

 

 

 

 

Relief of J. G. Taylor.

 

________

 

CHAPTER 83

Chap. LXXXIII.–An Act authorizing the County Clerks, as ex officio Clerks of the Courts of Record, to retain for their own use the fees and compensation for services performed by authority of any Act of Congress relating to location of Government lands.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The several County Clerks of the State of Nevada, who are ex officio Clerks of the Courts of Record, and who are or may be authorized and empowered by any Act of Congress to take and certify affidavits, applications and proofs for or relating to the location of the public lands of the United States, are hereby authorized to retain for their own use the fees and compensations allowed for such services.

      Sec. 2.  This Act to take effect and be in force from and after its passage.

 

 

 

 

 

 

 

 

 

 

What fees to be retained by County Clerk.

 

________

 

 


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κ1901 Statutes of Nevada, Page 92κ

CHAPTER 84

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of Sheriff of Lincoln county.

 

 

 

 

 

As ex officio License Collector.

Chap. LXXXIV.–An Act to amend an Act entitled an Act to amend an Act entitled an Act to amend an Act entitled “An Act fixing the salaries of the county officers of Lincoln county and providing for the compensation of a Deputy Sheriff therein,” approved February 17, 1887; approved January 30, 1889; approved March 2, 1891.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section two of the original Act, as amended March 2, 1891, is hereby amended so as to read as follows:

      Section 2.  The Sheriff shall receive $1,500 a year, and when it becomes necessary in civil or criminal cases to travel a greater distance than twenty-five miles from the county seat, he shall make and present to the Board of County Commissioners a bill of items of expense necessary and actually incurred and paid, certified under oath, and if the items are shown to be correct they shall order the bills to be paid at the same time and in the same manner as the next ensuing payment of salary as is provided in section one of this Act; and he shall also be entitled to retain to his own use all fees and percentages collected by him as ex officio License Collector.

 

________

 

CHAPTER 85

 

 

 

 

 

 

 

 

 

County officials of White Pine county.

 

Salary of Sheriff.

 

County Clerk

 

 

 

 

Recorder.

Chap. LXXXV.–An Act relating to the salaries and compensation of the county officers of White Pine county, Nevada, and other matters connected therewith.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  On and after the first day in January, A. D. nineteen hundred and three, the county officers of White Pine county, Nevada, shall receive the following salaries and compensation in full for all official services performed by them for said county: The Sheriff shall receive an annual salary of fifteen hundred dollars, and mileage as now allowed by law, and he shall pay into the county treasury, each month, all moneys collected by him as fees. The County Clerk, as ex officio Clerk of the Court and ex officio Clerk of the Board of County Commissioners, shall receive an annual salary of three hundred dollar, and shall retain as his own, for all services rendered by him in his official capacity for any person, company, corporation, State, or county, other than the State of Nevada and the county of White Pine, such fees as now are or hereafter may be allowed by law. The County Recorder, as ex officio Auditor, shall receive an annual salary of five hundred dollars, and shall retain as his own, for all services rendered by him in his official capacity for any person, company, corporation, State, or county, other than the State of Nevada and county of White Pine, such fees as now are, or hereafter may be allowed by law.

 


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κ1901 Statutes of Nevada, Page 93 (CHAPTER 85)κ

 

his own, for all services rendered by him in his official capacity for any person, company, corporation, State, or county, other than the State of Nevada and county of White Pine, such fees as now are, or hereafter may be allowed by law. The County Assessor shall receive an annual salary of twelve hundred dollars. The County Treasurer shall receive an annual salary of seven hundred dollars. The District Attorney, and as ex officio County Superintendent of Schools and as ex officio Public Administrator, shall receive an annual salary of eight hundred dollars, and shall retain as his own, for all services rendered by him in his official capacity for any person, company, corporation, State, or county, other than the State of Nevada and county of White Pine, such fees as now are, or hereafter may be allowed by law. The County Commissioners shall each receive an annual salary of three hundred dollars, and mileage not to exceed fifty dollars for any one year.

      Sec. 2.  No salary shall be paid any county officer of White Pine county, Nevada, until all moneys collected by him as fees are paid into the county treasury as required by section one of this Act.

      Sec. 3.  No allowance shall be made by the Board of County Commissioners of White Pine county for the compensating of any deputy or deputies for any of the offices named in this Act.

      Sec. 4.  This Act shall take effect on and after the expiration of the term of the present incumbents, or in case of a vacancy in any office for any cause, it shall take effect in relation to said office immediately thereafter.

 

 

 

Assessor.

Treasurer.

District Attorney.

 

 

 

Commissioners.

 

 

Salary paid, when.

 

 

No allowance for deputies.

 

Shall take effect, when.

 

________

 

CHAPTER 86

Chap. LXXXVI.–An Act authorizing the adjustment and payment of certain claims against counties in this State.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Whenever any county in this State has within five years prior to the passage of this Act acquired and retains any property of the value of five hundred dollars or more, for which no compensation has been received and retained by the person, firm or corporation furnishing the same by reason of the contract for furnishing the same being adjudged void for not having been entered into in accordance with the provisions of that certain Act of the Legislature of this State entitled “An Act supplementary to an Act entitled ‘An Act to create a Board of County Commissioners in the several counties of the State, and to define their duties and powers,’ approved March eight, eighteen hundred and sixty-five,” approved February 19, 1867, the person, firm or corporation furnishing such property shall have the right at any time within sixty days after the approval of this Act to petition the District Judge of the district including the county retaining such property for the appointment of three disinterested persons,

 

 

 

 

 

 

 

 

Payment of claims against counties.

 


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κ1901 Statutes of Nevada, Page 94 (CHAPTER 86)κ

 

Rights of creditor.

 

 

 

Appraisers to be appointed.

 

Duties of appraisers.

 

Certify to District Judge.

 

 

 

 

Compensation of appraisers.

furnishing such property shall have the right at any time within sixty days after the approval of this Act to petition the District Judge of the district including the county retaining such property for the appointment of three disinterested persons, as appraisers of such property, and the District Judge shall hear such petition, and upon the hearing of such petition shall appoint three disinterested persons to appraise such property, and said persons so appointed as appraisers shall within fifteen days thereafter meet and appraise said property for its reasonable value, and said appraisers upon said determination shall certify to the said District Judge the amount for which they, or a majority of them, have appraised such property, and the said District Judge shall thereupon certify to the County Auditor the amount which said appraisers have placed upon said property, and upon the County Auditor receiving said certificate of the District Judge he shall draw his warrant upon the General Fund of the county for the amount so certified to him as being the appraised value of said property and shall deliver said warrant to the person entitled thereto, and the Treasurer of the county shall pay the same; provided, that said property shall not be appraised for an amount in excess of that stipulated in the void contract. The said appraisers shall receive such reasonable compensation for their services as the District Judge shall determine, to be paid by the person petitioning for the appointment of said appraisers.

 

________

 

CHAPTER 87

 

 

 

 

 

 

 

 

Lincoln county officers.

 

 

 

 

Consolidation.

 

 

Chap. LXXXVII.–An Act consolidating certain county offices in Lincoln county and fixing the compensation of the officers thereof.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  On and after the first Monday in January, A. D. nineteen hundred and three, the County Clerk of Lincoln county shall be ex officio County Treasurer in and for said county, and ex officio Clerk of the Court and of the Board of County Commissioners of said county, and shall receive for all such services as County Clerk and ex officio Clerk of the Court and of the Board of County Commissioners of said county, a salary of five hundred dollars ($500) per annum from the county, and as ex officio County Treasurer in and for said county he shall receive for all such services a salary of nine hundred dollars per annum from the county.

 

________

 

 


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κ1901 Statutes of Nevada, Page 95κ

CHAPTER 88

Chap. LXXXVIII.–An Act to provide for the construction and furnishing a building for hospital purposes and for repairs upon the heating appliances in connection with the Hospital for Mental Diseases of the State of Nevada, and making an appropriation therefor.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The construction and furnishing of a building for hospital purposes, and for repairs upon the heating appliances in connection with the Hospital for Mental Diseases of the State of Nevada, is hereby authorized; the same to be constructed and furnished under the management and supervision of the Board of Commissioners for the Care of the Insane and the Superintendent of the Hospital for Mental Diseases.

      Sec. 2.  The sum of six thousand dollars is hereby appropriated out of any money in the General Fund of the State Treasury not otherwise appropriated for the purposes of carrying out the provisions of this Act.

      Sec. 3.  The Board of Examiners shall from time to time, as the construction of the building, provided for in section one of this Act, progresses towards completion, allow such sum or sums and to such persons or claimants as may be certified to them by the officers authorized in this Act to construct and furnish said building; provided, no allowance shall be made for services performed, or material furnished, unless the same be for services or material applied and used in the construction and furnishing of said building and for repairs upon said heating appliances.

      Sec. 4.  The State Controller shall draw his warrant or warrants for allowances made under the provisions of this Act and the State Treasurer shall pay the same.

 

 

 

 

 

 

 

 

 

 

Hospital at Asylum.

 

 

 

 

Appropriation.

 

 

Duty of Board of Examiners.

 

________

 

CHAPTER 89

Chap. LXXXIX.–An Act supplemental to an Act entitled “An Act to regulate the settlement of the estates of deceased persons,” approved March 23, 1897.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Whenever any husband dies intestate, leaving heirs in this State, and if the wife dies intestate subsequently to her husband, without heirs, leaving property in this State, her estate shall vest in the heirs of her husband, subject to expenses of administration, and payment of legal debts against the estate.

 

 

 

 

 

 

 

 

Estate of deceased husband and wife.

 


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κ1901 Statutes of Nevada, Page 96 (CHAPTER 89)κ

 

Same.

      Sec. 2.  Whenever any wife dies intestate without issue leaving heirs in this State, and if the husband dies intestate subsequently to this wife, without heirs, leaving property in this State, his estate shall vest in the heirs of the wife, subject to expenses of administration, and payment of legal debts against the estate.

      Sec. 3.  This Act shall apply to estates of deceased persons hereafter to arise, or now in process of settlement.

 

________

 

CHAPTER 90

 

 

 

 

 

 

 

 

 

 

Sheriff of Ormsby county to act as Bailiff of Supreme Court.

Chap. XC.–An Act to determine who shall perform the duties of Bailiff of the Supreme Court of the State of Nevada, and fixing the compensation for his services, and to repeal an Act entitled “An Act to regulate the appointment and compensation of Bailiff of the Supreme Court,” approved March 6, 1899.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Hereafter the Sheriff of Ormsby county, Nevada, shall act as Bailiff of the Supreme Court of the State of Nevada, and for his services as such Bailiff, either in person or by deputy, he shall receive from the State, the sum of four dollars per day, when actually in attendance upon said Court, such sum to be paid by the State Treasurer out of the biennial appropriation therefor; and said Sheriff, as such Bailiff, shall retain to his own use all moneys received by him under the provisions of this Act.

      Sec. 2.  This Act shall take effect and be in force from and after its approval.

      Sec. 3.  An Act entitled “An Act to regulate the appointment and compensation of Bailiff of the Supreme Court,” approved March 6, 1899, is hereby repealed.

 

________

 

CHAPTER 91

 

 

 

 

 

 

 

 

Mileage of Humboldt County Commissioners.

Chap. XCI.–An Act authorizing and defining the mileage of the County Commissioners of Humboldt county, Nevada.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  From and after the passage of this Act the County Commissioners of Humboldt county, Nevada, shall be allowed such mileage as is now allowed by law; provided, that mileage shall not be allowed for more than fourteen meetings of the Board in any one year; and provided further, that only for actual attendance can mileage be allowed.

 

________

 

 


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κ1901 Statutes of Nevada, Page 97κ

CHAPTER 92

Chap. XCII.–An Act to amplify the powers of Boards of School Trustees.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of School Trustees of the respective school districts of the State of Nevada are hereby given such reasonable and necessary powers, not conflicting with the Constitution and laws of the State of Nevada, as may be requisite to attain the ends for which the public schools are established, and to promote the welfare of school children.

      Sec. 2.  The School Trustees are hereby given power to make and enforce needful sanitary regulations, and to make and enforce such rules for preventing the spread of contagious and infectious diseases as they may deem necessary.

      Sec. 3.  The School Trustees, principals, and teachers are hereby given concurrent power with peace officers for the protection of children on the way to and from school, and for the enforcement of order and discipline among them.

      Sec. 4.  The School Trustees may direct the principals and teachers employed by them to exercise such powers and authority in the schools as the Trustees are invested with under this Act.

      Sec. 5.  Under the provisions of this Act, County Boards of Education in control of high schools shall have the same powers as are herein given to School Trustees.

      Sec. 6.  The School Trustees are hereby empowered to pay out of the public school funds any expense incurred by them in applying section two of this Act to indigent children.

      Sec. 7.  This Act shall take effect upon its approval.

 

 

 

 

 

 

 

Board of School Trustees.

 

 

 

To enforce sanitary regulations.

 

To enforce discipline.

 

 

 

 

 

Same powers.

 

Indigent children.

 

________

 

CHAPTER 93

Chap. XCIII.–An Act to amend section one of an Act entitled “An Act amendatory of and supplemental to ‘An Act relating to the location, relocation, manner of recording lode and placer claims, mill sites, tunnel rights, amount of work necessary to hold possession of mining claims and the rights of coowners therein,’ approved March 16, 1897,” approved March 14, 1899.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of the above-entitled Act is hereby amended so as to read as follows:

      Section one.  Section two of the above-named Act is hereby amended so as to read as follows:

      Section two.  Before the expiration of ninety days from the posting of such notice upon the claim the locator must sink a discovery shaft upon the claim located to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper if necessary to show by such work a lode deposit of mineral in place.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Time for posting notice.

 


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κ1901 Statutes of Nevada, Page 98 (CHAPTER 93)κ

 

Discovery shaft to be sunk.

 

Depth ten feet.

 

Boundaries of claim, how defined.

sink a discovery shaft upon the claim located to the depth of at least ten feet from the lowest part of the rim of such shaft at the surface, or deeper if necessary to show by such work a lode deposit of mineral in place. A cut or crosscut, or tunnel, which cuts the load at a depth of ten feet, or an open cut along the ledge or lode equivalent in size to a shaft four feet by six feet by ten feet deep, is equivalent to a discovery shaft. The locator must define the boundaries of his claim by marking a tree or rock in place, or by setting a post or stone, one at each corner and one at the center of each side line. When a post is used it must be at least four inches square, by four feet six inches in length, set one foot in the ground, with a mound of stone or earth four feet in diameter by two feet in height around the post. When it is practically impossible on account of bedrock or precipitous ground to sink such posts, they may be placed in a pile of stones; or where the proper placing of such posts or monuments of stone is impracticable or dangerous to life and limb, it shall be lawful to place such post or monument of stone at the nearest point, properly marked to designate its right place. When a stone is used, not a rock in place, it must be at least six inches square and eighteen inches in length, set two-thirds of its length in the ground, which trees, stakes or monuments must be so marked as to designate the corners of the claim located.

      Sec. 2.  This Act shall take effect on the first day of July, 1901.

 

________

 

CHAPTER 94

 

 

 

 

 

 

 

 

 

 

Right of way of Southern Pacific railroad through Asylum tract

Chap. XCIV.–An Act authorizing and empowering the Board of Commissioners for the Care of the Insane, of the State of Nevada, to grant the right of way to the Southern Pacific Railroad Company, over and through the Asylum tract of land in Washoe county, Nevada.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of Commissioners for the Care of the Insane of the State of Nevada, are hereby authorized and empowered to grant the right of way to the Southern Pacific Railroad Company, over and through the Asylum tract of land in Washoe county, Nevada, upon such terms and conditions as the Board may deem most advantageous to the interest of this State.

 

________

 

 


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κ1901 Statutes of Nevada, Page 99κ

CHAPTER 95

Chap. XCV.–An Act making application to the Congress of the United States for the calling of a Constitutional Convention.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Legislature of the State of Nevada hereby makes application to the Congress, under the provisions of article five (5) of the Constitution of the United States, for the calling of a convention to propose an amendment to the Constitution of the United States, making United States Senators elective in the several States by direct vote of the people.

      Sec. 2.  The Secretary of State is hereby directed to transmit copies of this application to the Senate, House of Representative, of the Congress and copies to the members of the said Senate and House of Representatives from this State; also to transmit copies hereof to the presiding officers of each of the Legislatures now in session in the several States, requesting their cooperation.

 

 

 

 

 

 

 

 

Amendment Constitution, making U. S. Senator elective.

 

 

Duty of Secretary of State.

 

________

 

CHAPTER 96

Chap. XCVI.–An Act to amend an Act entitled “An Act to amend an Act entitled ‘An Act to provide for free public libraries, and other matters relating thereto,’ approved March 16, 1897,” approved March 2, 1901.

 

[Approved March 20, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section. 1.  Section one of said Act is hereby amended so as to read as follows:

      Section one.  Whenever in any county in the State of Nevada of over seven thousand inhabitants a petition or petitions for the establishment of a free public library, certified by the District Judge of any Judicial District of the State of Nevada as being signed by a majority of the taxpayers, or by taxpayers representing a majority of the taxable property, as shown by the last preceding assessment roll of any city, unincorporated town, or school district, shall be presented to the Board of County Commissioners of the county in which said city, unincorporated town, or school district is situated, accompanied by affidavit of one or more of the signers thereof that the signatures thereto are genuine, the said Board of County Commissioners shall within ten days after said petition or petitions are so presented levy a tax upon all taxable property of said city, unincorporated town, or school district of ten cents and no more, on each one hundred dollars valuation of the taxable property therein for the purpose of creating a fund to be known as the “Library Fund.” And each year thereafter said Board of County Commissioners, at the time and in the manner other taxes are levied,

 

 

 

 

 

 

 

 

 

 

Establishment of free public libraries.

 

 

 

 

 

 

 

Tax levy.

 

 

Library fund.

 


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κ1901 Statutes of Nevada, Page 100 (CHAPTER 96)κ

 

 

County Commissioners, at the time and in the manner other taxes are levied, shall levy a tax upon said property for said purpose of ten cents and no more on each one hundred dollars valuation thereof.

 

________

 

CHAPTER 97

 

 

 

 

 

 

 

Incorporate the Town of Reno.

 

 

 

City of Reno.

Boundaries.

 

 

 

 

 

 

Divided into five wards.

 

 

 

Boundaries of wards.

Chap. XCVII.–An Act to incorporate the Town of Reno.

 

[Approved March 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  On and after the time, and for the purposes hereinafter mentioned, the inhabitants of that portion of Washoe county, State of Nevada, embraced within the limits hereinafter set forth, shall be a body politic and corporate, by the name and style of City of Reno, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. The boundaries of said City of Reno shall include all the inhabitants, lands and tenements included in the southwest quarter of section one and the south half of section two, and all of section eleven and the west half of section twelve, and the northwest quarter of section thirteen, and the north half of section fourteen, the whole comprising an area or parallelogram one and one-half miles wide, measuring the area from east to west, and two miles in length, measuring the same from north to south, all in township nineteen north, range nineteen east, Mount Diablo base and meridian, comprising the territory heretofore known as the Town of Reno.

      Sec. 2.  The City of Reno shall be divided into five wards as follows: All that portion of the territory embraced within said limits of the City of Reno and lying south of the Truckee river, shall be and hereby is established as the First Ward; provided, that all that part of “Scott Island” lying within the limits of the city, shall also be a part of the First Ward. All that portion lying and being situate west of Sierra street and between the Truckee river on the south and the main track of the Central Pacific Railway on the north, shall be and is hereby established as the Second Ward; provided, that the island in the Truckee river above Virginia street iron bridge, shall be part of and belong to said Second Ward. All that portion lying and being situate east of Sierra street and between the Truckee river and the main track of the Central Pacific Railway, shall be and hereby is established as the Third Ward. All that portion lying east of Sierra street and north of the main track of the Central Pacify Railway, shall be and hereby is established as the Fourth Ward; and that portion lying west of Sierra street and north of the main track of the Central Pacific Railway, shall be and hereby is established as the Fifth Ward.

      Sec. 3.  The corporate powers of the city, shall be vested in a City Council to consist of five members who shall be actual residents and owners of real estate in the city and who shall be chosen by the qualified electors thereof; provided, that no two or more of said five Councilmen shall be residents of the same ward.

 


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κ1901 Statutes of Nevada, Page 101 (CHAPTER 97)κ

 

in a City Council to consist of five members who shall be actual residents and owners of real estate in the city and who shall be chosen by the qualified electors thereof; provided, that no two or more of said five Councilmen shall be residents of the same ward. The Board shall at its first meeting proceed to elect one of its number Chairman, who shall be President of the City Council.

      Sec. 4.  At the general election in November, 1902, and at each general election thereafter, there shall be elected five Councilmen. All candidates for the office of Councilman for each ward shall be voted for by all qualified electors of their respective ward only.

      Sec. 5.  Councilmen shall hold office for the term of two years and until their several successors are elected and qualified. Whenever any vacancy shall occur, it shall be the duty of the remaining members, or a majority of them, to fill such vacancy by appointment of a qualified person from the proper ward, and the Councilman so appointed shall hold office until the next general election. All officers elected under the provisions of this Act, shall enter upon the duties of their several offices on the first Monday in January succeeding their election.

      Sec. 6.  All provisions of law which now are, or hereafter may be, in force regulating elections, as far as the same may be consistent with the provisions of this Act, shall apply to the election of Councilman. The election of any person to the office of Councilman may be contested in the manner as provided by statute concerning general election.

      Sec. 7.  Each Councilman chosen at any general election held under the provisions of this Act shall qualify on or before the first Monday in January succeeding his election, and any Councilman appointed to fill a vacancy shall qualify within five days after due notice of his appointment, and in the event of failure to so qualify the office shall be declared vacant and be filled as provided for in this Act.

      Sec. 8.  The Treasurer of Washoe county shall, in addition to the duties now imposed upon him, act as the Treasurer of the city, and shall be ex officio City Treasurer and Tax Receiver.

      Sec. 9.  The Assessor of Washoe county shall, in addition to the duties now imposed upon him by law, act as the Assessor of the city and be ex officio City Assessor.

      Sec. 10.  The District Attorney of Washoe county shall, in addition to the duties now imposed upon him by law, act as the attorney of the city and shall be ex officio City Attorney.

      Sec. 11.  The Constable of Reno Township shall, in addition to the duties now imposed upon him by law, act as the Marshal of the city and shall be ex officio City Marshal.

      Sec. 12.  The Justice of the Peace of Reno Township, Washoe county, shall, in addition to the duties now imposed upon him by law, be ex officio Police Judge of the City of Reno,

Corporate powers vested in a City Council of five members.

 

 

Five Councilmen to be elected.

 

 

Tenure of office.

 

Vacancy.

 

 

 

 

Councilman.

 

 

Contested election.

 

To qualify, when.

 

 

 

 

Ex officio Treasurer and Tax Receiver.

 

Ex officio City Assessor

 

 

Ex officio City Attorney.

 

Ex officio City Marshal.

 

 

Ex officio Police Judge.

 


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κ1901 Statutes of Nevada, Page 102 (CHAPTER 97)κ

 

 

 

 

 

 

 

Ex officio City Clerk.

 

 

Vacancy in office of President, how filled.

 

 

 

 

 

 

 

Regular meetings on second and fourth Mondays.

 

 

 

Laws and ordinances.

 

 

 

 

Power to institute suits.

 

 

To levy a tax

 

 

To improve streets, sewers, bridges, etc.

upon him by law, be ex officio Police Judge of the City of Reno, and shall have the same jurisdiction and powers in said city as are given Justices of the Peace in their respective townships; provided, that the trial and proceedings in all cases, wherein any person or persons are charged with violating any ordinance or provision of an ordinance of the City of Reno of a Police nature, shall be summary in character, and by the Police Judge of Reno, without a jury.

      Sec. 13.  The County Clerk of Washoe county shall, in addition to the duties now imposed upon him by law, act as Clerk of the City Council, and shall be ex officio City Clerk.

      Sec. 14.  The President of the City Council, shall preside at its meetings, and shall perform such other duties as the Council may prescribe. In any case where a vacancy occurs in the office of the Councilman who is President, the remaining members shall proceed as soon as practicable, to fill such vacancy by the appointment of a suitable person from the proper ward, and when all vacancies shall have been filled, the Councilmen shall elect one of their number, who shall be the President of the Council until the next general election. At any meeting of the Council, in the absence of the President, the other Councilmen shall designate one of their number, who shall be President pro tem. of the Council.

      Sec. 15.  The City Council shall hold regular meetings on the second and fourth Mondays in each month, and shall continue in session from day to day until the unfinished business of each regular meeting has been disposed of. Special meetings may also be held upon a call of the President of the Council or a majority of the members thereof; provided, that no contract shall be made, obligation incurred or claim allowed at any special meeting.

      Sec. 16.  That all laws and ordinances not inconsistent with the provisions of this Act, now in force in the town of Reno, shall be and remain in full force and effect in said City of Reno until otherwise provided, and are hereby adopted and made the laws and ordinances of the City of Reno.

      Sec. 17.  The City Council shall have power:

      First-To institute and maintain any suit or suits of the city, in the proper Courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may in like manner, at their sound discretion, defend all actions against the city.

      Second-They shall annually levy a tax of not less than one-quarter of one per cent nor exceeding one per cent, upon the assessed value of all real or personal property in the city and made taxable by law for State and county purposes.

      Third-To lay out, extend and alter the streets and alleys in the city and provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same; also to provide for the improvement and preservation of the city parks;

 


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κ1901 Statutes of Nevada, Page 103 (CHAPTER 97)κ

 

parks; for the construction, repair and preservation of sidewalks, bridges, drains and sewers; and for the prevention and removal of obstructions from the streets and sidewalks of the city; provided, that said Council may, in its discretion, assess the cost or a portion thereof, of improving any street or building or repairing a sidewalk, to the owner of the property in front of which said street or sidewalk, or proposed sidewalk may be, and make such costs of improvement, repair or building, a lien upon such property.

      Fourth-To condemn property for the use of the inhabitants of the city in the manner provided by law.

      Fifth-To provide for the prevention and extinguishment of fires, and to organize, regulate, establish and disband fire or hose companies in the city.

      Sixth-To regulate or prohibit the storage of gunpowder and other explosives or combustible materials within the city.

      Seventh-To determine what shall be deemed nuisances and provide for the punishment, prevention and removal of the same.

      Eighth-To provide for safeguarding the health of the city. For this purpose they may appoint a City Board of Health and shall prescribe its powers and duties.

      Ninth-To fix and regulate a license upon and regulate all theaters, theatrical performances, circuses, shows, billiard tables, bowling alleys and all exhibitions and amusements, and regulate and collect a license tax upon and regulate all taverns, hotels, restaurants, eating-houses, boarding-houses, lodging-houses, bankers, brokers, manufactories, livery stables, express companies, railroad and stage companies; to license, tax and regulate auctioneers and stock-brokers; to license and regulate all hawkers and peddlers (except those dealing in the agricultural products of this State), pawnshops, refreshment and coffee stands, booths and sheds; to license, regulate, prohibit or prescribe the location of saloons or bar-rooms, houses of ill fame, gaming houses, hurdy-gurdy houses or dance houses; to levy and collect an annual per capita tax on all dogs and to provide for the destruction of all dogs upon which said tax shall not be paid, and to prevent all other animals from running at large in said city.

      Tenth-To provide for the issuance of all licenses in this Act specified or permitted to be issued, and to fix the amount thereof and the times for which and the terms upon which, the same shall be issued.

      Eleventh-To punish, restrain and prevent any disorderly conduct within the city.

      Twelfth-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues and demands belonging and inuring to the city; but no sales of property shall be made until after it shall have been appraised by three appraisers, taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value.

 

 

 

 

 

When a lien.

 

To condemn property.

 

Organize fire companies.

Regulate storage of explosives.

Nuisances.

 

City Board of Health.

 

To regulate licenses.

 

 

 

 

 

 

 

 

 

 

 

To provide time and terms of licenses.

 

Restrain disorderly conduct.

 

To dispose of property after appraisement.

 


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κ1901 Statutes of Nevada, Page 104 (CHAPTER 97)κ

 

 

To fix punishment for breach of ordinance.

Fines and imprisonment.

 

 

 

To adopt and pass all ordinances, etc.

 

Audit and allow claims.

Property may be condemned.

 

 

Appoint policemen.

 

Annually levy a tax.

 

 

 

 

 

 

 

 

Equalization of assessments.

be sold for less than seventy-five per cent of such appraised value.

      Thirteenth-To fix the punishment for the breach of any ordinance adopted by said Council to be enforced herein; but no fine shall be imposed for any offense in a sum greater than five hundred dollars, nor shall any term of imprisonment exceed six months; but in case of imprisonment, any person committed for punishment after conviction may be made to work, during the term of such imprisonment, on any public works of the city, and the City Marshal may use any lawful means to prevent the escape of such prisoners while at work or while going to or returning from such labor.

      Fourteenth-To adopt and pass all ordinances, resolutions, rules and orders, and to do and perform all other acts and things necessary for the execution of the powers and jurisdiction conferred by this Act, and to audit and allow all claims properly payable out of the treasury of the city; provided, that said Council shall not have power to audit or allow any claim whatsoever unless there be sufficient funds in the treasury to pay the same at the time of such allowance. Any property, real or personal, for the public use of the city, may be condemned and appropriated in the manner now prescribed by law.

      Fifteenth-To appoint a policeman or such number of policemen as they shall from time to time determine, who shall be under the direction of the City Marshal.

      Sec. 18.  The City Council shall annually, at the time prescribed by law for levying taxes for State and county purposes, levy a tax as hereinbefore prescribed, upon all real and personal property situate in the city and made assessable by law for State and county purposes; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of the State for the collection of State and county taxes; and the revenue laws of this State shall, in every respect not inconsistent with the provisions of this Act, be deemed applicable, and so held, to the levying, assessing, and collecting of the city taxes; provided, that in the matter of equalization of assessments upon property, the rights of the city shall be concluded in the manner and to the same extent as is the State and county by the action of the County Board of Equalization. And whenever or wherever practical and expedient, all forms and blanks in use in the levying, assessing and collecting of State and county revenue, shall, with such alterations or additions as may be necessary, be used in the levying, assessing and collecting of the revenue of the city. And the City Council shall enact all such ordinances as shall be found necessary and not inconsistent with this Act and the laws of the State for the prompt, convenient and economical collection of the city revenues.

 


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κ1901 Statutes of Nevada, Page 105 (CHAPTER 97)κ

 

      Sec. 19.  All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this Act, or of any valid ordinances of the city, shall be paid by the officer or person collecting or receiving the same, to the City Treasurer who shall keep an accurate account thereof and give itemized receipts therefor, in duplicate; one of which shall be given by him immediately to the City Clerk for the more perfect keeping of his accounts and for the information and guidance of the City Council; and the other shall be given to the officer or person so paying in such money. All such money shall be placed by the City Treasurer in a fund to be known as the Reno General Fund; and shall be so kept except as paid out upon proper warrants; provided, the City Council may, at their sound discretion, set apart any surplus moneys in said fund, to be kept by said Treasurer in a fund which shall be known as the Reno Redemption Fund, which shall be used to pay principal and interest on any outstanding bonds or on any bonds that may be issued under the provisions of this Act; provided further, that the amount of moneys so ordered to be transferred, shall in no instance exceed one-half of the moneys in the Reno General Fund at the date of such transfer, unless an existing statute otherwise provides.

      Sec. 20.  The fees, salaries or other compensation of the officers hereinbefore provided for, shall be regulated by regularly enacted ordinances; provided, that the Councilmen shall receive no compensation whatever for their services. All claims for fees, salaries, or expenses necessarily or properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this Act, shall be presented to the City Council, who shall consider and allow or reject the same, in the order as presented to the Clerk of the Board, and the record of this action shall be entered upon their journal. Upon allowance in whole, or in part, of any claim, by the majority of the Council, the City Clerk shall draw a warrant upon the City Treasurer for the amount so allowed, and shall state in the same, in general terms, the nature of the claim, and the City Treasurer shall pay the same. On paying any warrant, the City Treasurer shall write or stamp across the face thereof, in red ink “redeemed” with the date of such redemption and sign his name officially thereto, and the warrant so canceled shall be sufficient voucher for the Treasurer as to the amount so paid, in his official settlement with the City Council, which shall take place annually on the third Monday in December of each year. The President of the City Council or some member thereof appointed by the President, shall, once in every three months, examine the books and vouchers of the City Treasurer, concerning the state of the finances in his hands, and report the result to the Council, which shall be spread in full upon the journal.

Taxes, fines, etc., paid to City Treasury.

 

Receipt to City Clerk.

 

 

 

 

Reno General Fund.

 

 

Reno Redemption Fund.

 

 

 

 

 

Compensation of officers.

Councilmen to receive no compensation.

 

 

 

Claims, how approved.

 

 

 

 

Official settlement of Treasurer.

 

 

Books of Treasurer to be examined.

 


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κ1901 Statutes of Nevada, Page 106 (CHAPTER 97)κ

 

Holders of rejected claims can commence an action.

 

 

 

 

Officers liable upon official bond.

 

 

 

 

 

 

When office declared vacant.

 

 

 

Property, how sold for taxes.

 

Corporate seal.

Duties of City Clerk.

 

 

 

 

 

Licenses.

      Sec. 21.  The holder of any claim or demand mentioned as above, which has been rejected in whole or in part, may, within six months after such rejection, commence an action in any court of competent jurisdiction of the county of Washoe, for the amount of the claim or the portion rejected, as the case may be. The action shall be against the city, and the service of summons shall be made upon the President of the Council. In case of a final recovery of judgment by the plaintiff, the City Council shall allow the amount thereof, which shall be paid in the order of such allowance.

      Sec. 22.  All officers of the city, as provided in this Act, except the Councilmen, shall be accountable and liable upon their official bonds as officers of the County of Washoe; but it shall nevertheless, be the duty of the Council to provide for the accountability of all officers and employees constituted by or appointed under the provisions of this Act, by requiring of them sufficient security, or additional security, as may be necessary or proper for the faithful and honest performance of their respective duties. In case any such officer or employee shall neglect or refuse to give the required security, or shall neglect or refuse to perform the duties imposed upon him by virtue of the provisions of this Act, the City Council may declare such office vacant and proceed to appoint some other person to such office or employment as the case may be. The duties of all persons appointed to office or employment, by the City Council under the provisions of this Act, shall be defined by ordinance, when necessary, and any person so appointed shall serve at the discretion of the Council.

      Sec. 23.  Real and personal property levied upon for taxes due the city, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment which includes the city taxes.

      Sec. 24.  The City Council shall provide for a corporate seal which shall be kept by the City Clerk, who shall also keep all books and shall file and keep all papers belonging to the city, under their proper heads; attend all meetings of the City Council and keep an accurate journal of their proceedings, including a record of all ordinances, by-laws and resolutions passed or adopted by them, which journal, after approval at each meeting, shall be signed by the President of the Council and attested under the hand of the Clerk. He shall sign all warrants issued, and affix the corporate seal thereto. He shall number and countersign all licenses and likewise affix the seal thereto. All licenses shall be printed in form, showing on their face the class of license, with marginal stubs attached, and stitched together in books, each book containing an equal number of one class only. All licenses issued shall be signed by the President of the Council. The City Clerk shall be the custodian of the blank licenses, and shall deliver them from time to time, in such numbers as the council shall direct, to the City Marshal, who shall collect the same, charging the City Marshal therewith, at their face or representative value, and giving him credit at the same rate for as many thereof only as he shall return to the City Clerk at the time of settlement of his accent.

 


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κ1901 Statutes of Nevada, Page 107 (CHAPTER 97)κ

 

numbers as the council shall direct, to the City Marshal, who shall collect the same, charging the City Marshal therewith, at their face or representative value, and giving him credit at the same rate for as many thereof only as he shall return to the City Clerk at the time of settlement of his accent. The City Clerk shall also keep an accurate account of all warrants and orders drawn upon the City Treasurer, in such manner that the Council can at any time ascertain the actual outstanding indebtedness, and shall perform such other duties as may be required by the City Council. Upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rate of licenses, the yeas and nays shall be called, and the Clerk shall enter the same, and the vote of each member of the Council, on the journal.

      Sec. 25.  The style of all ordinances shall be “The City Council of the City of Reno, do ordain,” and all proposed ordinances when first proposed at any regular meeting, shall be read aloud to the members of the Council, and then laid over until the next regular meeting, for adoption or rejection. All ordinances shall be published one week prior to going into effect.

      Sec. 26.  All county officers acting ex officio as officers of the city, may act as city officers through their regularly appointed deputies when authorized by law to appoint such deputies. The Council may provide by ordinance for one or more deputies for the City Clerk.

      Sec. 27.  The City Marshal, in addition to the general duties of his office, shall execute all processes issuing from the Police Court, act with full powers as a policeman and as Chief of the Police Force appointed for the city as such, and shall collect all city licenses. In his absence, the Deputy Constable shall act as City Marshal.

      Sec. 28.  Civil actions may be brought by the city in any court of competent jurisdiction, and actions for violations of any ordinance of the city, may be brought before the Police Judge, and fines imposed by the Police Judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the County Jail of Washoe, which shall serve as the City Jail, at the rate not exceeding one day for every two dollars of such fine and costs; or said Police Judge may, at his discretion, adjudge and enter upon his docket an order that such offender shall work on the streets or public works, at the rate of two dollars for each day, which shall apply on such fine and costs until the same be so exhausted or otherwise satisfied. Appeal may be taken from such judgments as in cases of appeal from Justices’ Courts in criminal cases.

      Sec. 29.  If any officer shall remove his office from the city or absent himself therefrom, more than thirty days without leave of the City Council, his office shall be declared vacant, and the vacancy filled by appointment as provided in this Act.

 

 

 

Shall keep account of all warrants.

 

 

 

 

 

Style of ordinances.

 

 

When published.

 

Deputies empowered, when.

 

 

Duties of City Marshal.

 

 

 

How civil actions may be brought.

 

 

 

 

Offender shall work on streets.

 

May appeal.

 

Absence for thirty days creates a vacancy.

 


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κ1901 Statutes of Nevada, Page 108 (CHAPTER 97)κ

 

 

City Marshal.

 

 

 

 

No debts beyond amount of revenue.

Contracts valid for one year.

 

Cannot be interested in any contract.

 

 

 

 

 

Misdemeanor.

Moneys transferred to Reno General Fund.

 

 

 

 

County Commissioners may apportion portion of the General Road Fund.

 

 

 

County Commissioners to issue election proclamation.

vacant, and the vacancy filled by appointment as provided in this Act.

      Sec. 30.  The City Marshal shall not be answerable upon his official bond, for the conduct of policemen appointed under the provisions of this Act, but the Council may acquire of such appointees such bonds as shall be by them determined upon as proper. The powers and duties of the City Marshal may be more fully defined by such ordinances as shall not be inconsistent with this Act.

      Sec. 31.  No debt shall be created directly or indirectly against the city, beyond the amount of current revenues of the city, nor shall any contract for supplies of water, gas, electric light or any other supplies for the city, or any other contract whatever, made by or on behalf of the city, be of any validity for any period exceeding one year, except as otherwise provided in this Act.

      Sec. 32.  No officer of the city government herein provided for, shall be interested directly or indirectly in any contract with the city, or with any of the officers thereof, in their official capacity, or in doing any work, or furnishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or materials furnished in which any such officer is interested, shall be void, and if audited and allowed, shall not be paid by the Treasurer. Any willful violation of the provisions of this section, shall be a ground for removal from office, and shall be deemed a misdemeanor and punished as such.

      Sec. 33.  All money now in the possession or under the control of the Treasurer of Washoe county, or which may hereafter come into his possession or under his control, belonging to the Town of Reno under the provisions of that certain Act of the Legislature entitled “An Act providing for the government of towns and cities of this State,” approved February 26, 1881, and the acts amendatory thereof, is hereby transferred to the Reno General Fund, and made subject to the provisions of this Act.

      Sec. 34.  The Board of County Commissioners of Washoe county shall, from time to time, upon the request of the City Council, apportion such proportion of the General Road Fund of the County of Washoe as justly and properly should be expended upon the streets, alleys and other public highways within the limits of the City of Reno, and such money so apportioned shall be expended upon the streets and alleys and other public highways of said City of Reno under the direction and control of the City Council.

      Sec. 35.  It shall be the duty of the Board of County Commissioners of Washoe county, on or before the first Monday in April, 1901, to issue a proclamation for an election within the limits defined in this Act as the limits of the City of Reno, to be held within thirty days thereafter, at which election all the qualified electors, residing within the limits of the town of Reno as hereinbefore prescribed, as shown by the register of voters for the general election for the year 1900, shall have the right to vote for or against the incorporation of the said Town of Reno and for the election of Councilmen as provided in this Act.

 


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κ1901 Statutes of Nevada, Page 109 (CHAPTER 97)κ

 

the qualified electors, residing within the limits of the town of Reno as hereinbefore prescribed, as shown by the register of voters for the general election for the year 1900, shall have the right to vote for or against the incorporation of the said Town of Reno and for the election of Councilmen as provided in this Act. If the majority of votes cast at such election are in favor of incorporation, then this Act shall go into effect and be in force, otherwise, it shall have no force or effect whatever. The said election proclamation shall be published in a newspaper in said Town of Reno for at least three weeks prior to said day of election and shall be posted in one conspicuous and public place in each ward as herein described. Said proclamation shall set forth the purpose of said election; the place where the same shall be held; the names of the Inspectors of Election and such other matter as may be deemed proper in the premises. All provisions of law relating to general elections, so far as the same are applicable, or not inconsistent with the provisions of this section, shall be observed in the conduct of such election. Candidates for the office of Councilman to be voted for at such election, shall file their names with the County Clerk of Washoe county at least ten days before the date of such election. The County Clerk of Washoe county shall cause to be printed a sufficient number of ballots for said election, upon which shall appear the names of the candidates for Councilman in the several wards, and the question, substantially in the following form: Shall Reno be incorporated? Yes...., No....; and such other matter as may be proper. The officers of election shall make return to the Board of County Commissioners of Washoe county, and the said Board of County Commissioners shall, within five days thereafter, meet and canvass said vote and shall enter upon their minutes the result of such canvass, and if it shall appear that a majority of the votes cast are in favor of incorporation then this Act shall at once go into force and effect and said Board of County Commissioners shall cause to be issued certificates of election to the persons receiving the highest number of votes for Councilman for the several wards, and the Councilmen so elected shall, within five days thereafter, qualify and enter upon the discharge of their duties. All expenses of holding such election shall be paid out of said General Fund of the Town of Reno.

 

 

Vote or for against incorporation, and elect Councilmen.

 

Election proclamation to be published and posted.

 

Provisions of proclamation.

 

Candidates for Councilmen to file their names.

 

 

“Shall Reno be incorporated?”

County Commissioners to canvass vote.

 

 

 

Duties of Councilmen.

 

________

 

 


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κ1901 Statutes of Nevada, Page 110κ

CHAPTER 98

 

 

 

 

 

 

 

 

 

 

 

Incorporation of mutual fire insurance companies.

 

 

 

 

 

 

 

May open books to receive applications for membership.

 

 

 

 

 

 

 

How exercised.

Chap. XCVIII.–An Act to amend an Act entitled “An Act to provide for the incorporation of mutual fire insurance companies and to define their powers and duties,” approved March 6, 1897.

 

[Approved March 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section one of the above-entitled Act is hereby amended so as to read as follows:

      Section one.  Any number of persons, not less than ten, who shall be residents and householders in the State of Nevada, may associate themselves together and form an incorporated company for the purpose of mutual insurance of the property of its members against loss by fire; which property to be insured shall belong to the members of the company, and embrace dwelling-houses, barns, accompanying out-buildings and their contents, creameries, farm implements, hay, grain, wool and other products, live stock, wagons, buggies, carriages, harness, household goods, wearing apparel, provisions, musical instruments, furniture, and libraries being upon farms as farm property or in dwellings, or in accompanying out-buildings.

      Sec. 2.  Section three of said Act is hereby amended to read as follows:

      Section three.  The persons so associating, after having perfected such incorporation and filed their certificate of incorporation and by-laws with the State Controller as aforesaid, may open books to receive applications for membership and enter into agreements in the manner hereinafter specified; but no company organized by this Act shall do any business or take any risks or make any insurance in any State other than the State of Nevada, and no insurance company organized as aforesaid shall commence business until bona fide agreements shall have been entered into for insurance with at least twenty-five individuals, covering property to be insured to the amount of not less than fifty thousand ($50,000) dollars.

      Sec. 3.  Section five of said Act is hereby amended to read as follows:

      Section five.  In addition to the foregoing provisions it shall be the duty of the corporators or any company organized under the provisions of this Act to declare, in its articles of incorporation and by-laws, the mode and manner in which the incorporate power given under and by virtue of this Act are to be exercised; the qualification of membership; the mode and manner of electing Trustees, who shall all be residents of the State of Nevada; the filling of vacancies; the county or counties in which the business of the company is to be conducted and confined (if less than the entire State), and may prescribe therein the liabilities of the members to be assessed toward defraying the losses and expenses of the company and the mode and manner of collecting such assessments.

 


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κ1901 Statutes of Nevada, Page 111 (CHAPTER 98)κ

 

be assessed toward defraying the losses and expenses of the company and the mode and manner of collecting such assessments.

      Sec. 4.  Section six of said Act is hereby amended to read as follows:

      Section six.  The articles of incorporation and by-laws required to be filed by the corporation shall be examined by the Attorney-General, and if found to be in accordance with the requirements of this Act, he shall certify the same to the State Controller, and the State Controller may appoint three disinterested persons, all of whom shall be residents of the State of Nevada, who shall certify under oath that the corporation has received and is in actual possession of the premiums or engagements of insurance (as the case may be) to the full extent required in this Act; provided, however, the State Controller may make such examination personally or by his deputy. When satisfied that all the provisions of this Act have been fully complied with, it shall be the duty of the State Controller to certify such facts to the officers of the corporation, which certificate, upon being filed by them in the County Clerk’s office, in the county in which the principal place of business of such company is located, shall be authority to receive additional members, issue policies and transact any and all business provided by in its articles of incorporation and by-laws.

      Sec. 5.  Section fifteen of said Act is hereby amended to read as follows:

      Section fifteen.  If any insurance company organized under this Act shall not, within sixty days after the Controller shall have given the notice required by section nine, pay up and discharge all outstanding claims against said company, it shall be the duty of the Controller to file a statement, with the Clerk of the District Court of the county where such company has its principal place of business, reciting the fact that the sixty days within which such company was required to proceed to close up its business have expired, and that there are outstanding claims against such company. A copy of said statement shall be published for three successive weeks in a newspaper in such county.

 

 

 

To be examined by Attorney-General.

 

 

 

 

 

 

Duty of Controller.

 

 

 

 

 

 

Duty of Controller.

 

 

 

Expiration of sixty days.

 

Statement to be published.

 

________

 

CHAPTER 99

Chap. XCIX.–An Act for the relief of the Reno Water, Land and Light Company.

 

[Approved March 21, 1901.]

 

      Whereas, The State of Nevada through or by its officers, the Regents of the State University, owes the Reno Water, Land and Light Company the sum of sixty-six dollars and seventy cents ($66 70), which amount could not be paid as required by law, owing to the fact that the Contingent University Fund was exhausted, and the said debt contracted in the last year; therefore

 

 

 

 

Preamble.

 


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κ1901 Statutes of Nevada, Page 112 (CHAPTER 99)κ

 

 

 

 

 

 

Relief of Reno Water, Land and Light Company.

versity Fund was exhausted, and the said debt contracted in the last year; therefore

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The sum of sixty-six dollars and seventy cents ($66 70) is hereby appropriated out of any moneys in the Contingent University Fund, for the payment of said debt, and the State Controller is hereby directed and required to draw his warrant for the sum of sixty-six dollars and seventy cents in favor of the Reno Water, Land and Light Company, and the State Treasurer is hereby authorized and required to pay the same.

 

________

 

CHAPTER 100

 

 

 

 

 

 

 

 

 

Ballot, how prepared.

 

 

Constitutional amendment.

To cross, X.

Done with a stamp.

Voter to deliver ballot, stamp and ink to Inspector.

 

 

 

 

“Voted.”

 

Strip and number.

 

Chap. C.–An Act to amend section twenty of an Act entitled “An Act relating to elections and to more fully secure the secrecy of the ballot,” approved March 13, 1891.

 

[Approved March 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section twenty of said Act is hereby amended so as to read as follows:

      Section twenty.  On receiving his ballot the voter shall immediately retire alone to one of the places, booth or compartments. He shall prepare his ballot by stamping a cross or X in the square, and in no other place, after the name of the person for whom he intends to vote for each office. In case of a constitutional amendment or other question submitted to the voters, the cross or X shall be placed after the answer which he desires to give. Such stamping shall be done only with a stamp in black ink, which stamp, ink and ink pad shall be furnished in sufficient number by the County Clerk for each election precinct in the county. Before leaving the booth or compartment the voter shall fold his ballot in such manner that the water mark and the number of the ballot shall appear on the outside, without exposing the stamps upon the ballot, and shall keep it so folded until he has voted. Having folded his ballot, the voter shall deliver it with the stamp, ink and ink pad to the Inspector, who shall announce the name of the voter and the number of his ballot. The Clerk having the Registry list in charge, if he finds the number to agree with the number of the ballot delivered to the voter, shall repeat the name and number, and shall mark opposite the name, the word “voted.” The Inspector shall then separate the strip bearing the number from the ballot, and shall deposit the ballot in the ballot box. Said strip and number shall be immediately destroyed.

      Sec. 2.  All acts and parts of Acts in conflict with this Act are hereby repealed.

 

________

 

 


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κ1901 Statutes of Nevada, Page 113κ

CHAPTER 101

Chap. CI.–An Act supplemental to An Act entitled “An Act to amend an Act entitled ‘An Act to prevent the dissemination of contagious diseases among sheep; to provide for the appointment of Sheep Inspectors in the several counties of the State, and to define their duties and compensation,’ approved February 23, 1893,” approved March 6, 1899.

 

[Approved March 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Inspector of Sheep in any county of this State where sheep are inspected shall collect the fees for such inspection in two annual installments; the first installment to be paid prior to the thirtieth day of June, and the second installment to be paid prior to the thirty-first day of December of each year.

      Sec. 2.  It is hereby made compulsory on the part of any person or persons owning or controlling sheep in this State, between the first day of July and the first day of December in each year, where scab is visible, to dip the infected sheep twice at interval of from ten to fourteen days.

      Sec. 3.  Any person or persons owning or controlling sheep and driving or bringing them into this State from any State, shall without delay, on entering this State, notify the nearest Sheep Inspector of their presence, with sheep, within this State.

      Sec. 4.  The Sheep Inspectors of the several counties of this State are hereby authorized, empowered and instructed that, on the neglect or refusal of any person or persons owning or controlling sheep to comply with the provisions of this Act in respect to the dipping of infected sheep, to dip or cause to be dipped said infected sheep, the expense of which shall be charge against the band of sheep so infected, and unless the claim or demand is otherwise liquidated, the Sheep Inspector shall sell to the highest bidder a sufficient number of sheep from out the infected band to satisfy the claim.

 

 

 

 

 

 

 

 

 

 

 

Inspector of Sheep to collect fines.

When paid.

 

Sheep, when dipped.

 

 

 

Sheep from other States.

 

 

Duty of Sheep Inspectors.

 

________

 

CHAPTER 102

Chap. CII.–An Act in relation to removing the Pavilion building at Reno, and authorizing the sale of Pavilion lot of land at Reno, Nevada.

 

[Approved March 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of Directors of the State Board of Agriculture of the State of Nevada are hereby authorized and empowered to remove or cause to be removed the Pavilion building at Reno, from its present site to the Agricultural tract of land at Reno, Nevada,

 

 

 

 

 

 

 

 

To remove Pavilion at Reno.

 


…………………………………………………………………………………………………………………

κ1901 Statutes of Nevada, Page 114 (CHAPTER 102)κ

 

 

Board empowered to sell the land.

 

 

Ratified.

tract of land at Reno, Nevada, and for the purpose of defraying the expenses of such removal, the said Board of Directors are hereby authorized and empowered to sell and dispose of the lot of land on which the said Pavilion now stands, at the most advantageous terms for the State Agricultural Society at Reno, a good and sufficient deed of conveyance for said lot of land, to be executed by the Board of Directors of the State Board of Agriculture, when such sale is ratified by the Board of Examiners of the State of Nevada.

 

________

 

CHAPTER 103

 

 

 

 

 

 

 

 

 

Commissioners of White Pine county to issue bonds for fire purposes in Ely.

 

 

Bonds, how denominated and specified

 

 

 

How signed.

 

 

Ely Fire Department Fund.

 

 

 

County Treasurer liable.

Chap. CIII.–An Act to authorize the Board of County Commissioners of White Pine county to issue bonds on the property of the Town of Ely, in said county, for protection against fire, and matters relating thereto.

 

[Approved March 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing protection against fire in the town of Ely, White Pine county, Nevada, the Board of County Commissioners of said White Pine county, Nevada, is hereby authorized (when petitioned so to do by taxpayers representing more than half of the taxable property in the said town of Ely, as shown by the last previous assessment roll) to issue bonds for a sum not exceeding five thousand dollars.

      Sec. 2.  Said bonds shall be of the denomination of five hundred dollars each, and shall be numbered consecutively and shall bear interest at a rate not to exceed seven per cent per annum, said interest to be paid on the fifteenth day of December each year. Said bonds shall specify that the holder thereof has due him from the county of White Pine the sum of money expressed therein. Coupons for interest shall be attached to each bond.

      Sec. 3.  The bonds and coupons herein provided for, shall be signed by the Chairman of the Board of County Commissioners, countersigned by the County Clerk, and authenticated with the county seal of said White Pine county.

      Sec. 4.  Said bonds shall be sold at not less than their par value, and all moneys received from the sale thereof shall be paid into the county treasury, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Ely Fire Department Fund,” which shall be applied to the payment of demands accrued for fire purposes in the town of Ely, and shall be allowed and paid in the same manner as claims against counties are allowed and paid. The County Treasurer shall be liable, on his official bond, for the safe keeping of said money which shall come into his hands, and for the faithful discharge of his duties in relation thereto.

 


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κ1901 Statutes of Nevada, Page 115 (CHAPTER 103)κ

 

come into his hands, and for the faithful discharge of his duties in relation thereto.

      Sec. 5.  The boundaries of said town of Ely, for the purposes of this Act, shall be, and are hereby made the same as was established by the survey heretofore made of the townsite of the said town of Ely.

      Sec. 6.  The principal of such bonds as may be issued under authority of this Act, shall be due and payable as follows, to wit: Bond number one on the fifteenth day of December, nineteen hundred and three; bond number two on the fifteenth day of December, nineteen hundred and four; bond number three on the fifteenth day of December, nineteen hundred and five; bond number four on the fifteenth day of December, nineteen hundred and six; bonds number five and six on the fifteenth day of December, nineteen hundred and seven; bonds number seven and eight on the fifteenth day of December, nineteen hundred and eight; bonds number nine and ten on the fifteenth day of December, nineteen hundred and nine.

      Sec. 7.  For the purpose of providing for the payments of the principal and interest of said bonds when issued as herein authorized to be issued, the Board of County Commissioners of the County of White Pine are hereby authorized and directed to levy a special annual tax not exceeding twenty-five cents on each one hundred dollars of taxable property situated within the boundaries of said town of Ely, which shall be assessed and collected the same as other State and county taxes are paid into the county treasury. The money derived from such special tax shall be placed in a fund to be known as the “Ely Fire Department Redemption Fund,” and shall be applied exclusively to the payment of the principal and interest of the bonds herein provided for.

      Sec. 8.  The County Commissioners of White Pine county are hereby authorized and directed to do all such other acts not herein specified, for the organization, maintenance, and management of said fire department in the said town of Ely as may be necessary under the provisions of an Act entitled “An Act providing for the government of the towns and cities of the State,” approved February 26, 1881.

 

Boundaries of Ely.

 

 

Principal of bonds, when payable.

 

 

 

 

 

 

 

Commissioners to levy a special annual tax.

 

 

 

 

 

Ely Fire Department Redemption Fund.

 

Commissioners authorized.

 

________

 

CHAPTER 104

Chap. CIV.–An Act relating to the distribution of law books to the county and township officers.

 

[Approved March 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of the Secretary of State to distribute the Supreme Court Reports, the Compiled Laws and the Session Laws, when published, to county and township officers as follows:

 

 

 

 

 

 

 

 

Distribution of law books to county officers.

 


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κ1901 Statutes of Nevada, Page 116 (CHAPTER 104)κ

 

 

 

 

Incoming officer to receipt for.

 

Secretary of State to take receipt; not to supply missing volume.

 

Secretary of State to stamp.

ship officers as follows: He shall mail to each county officer and Justice of the Peace, as provided by the statute, one copy and no more, said copy or volume to be kept in the office for the use of the office, and shall be by the officer receiving the same transferred to his successor in office, who shall give the retiring officer a receipt for all Supreme Court Reports, Compiled Laws, Statutes and other State documents on hand and also received from the Secretary of State.

      Sec. 2.  The Secretary of State shall take proper receipts for such books at the time of their distribution, and file the said receipts in his office, and in no instance shall he supply a missing, or a second, volume other than at the statutory price for said volume.

      Sec. 3.  The Secretary of State shall stamp or mark all books to be distributed as provided by law to District Judges, State officers, county and township officers as follows: “State Property; to be turned over to your successor in office.”

 

________

 

CHAPTER 105

 

 

 

 

 

 

 

 

 

Taxation of transient stock.

 

 

 

 

 

 

 

Assessor shall be governed.

 

May sell portion of stock.

Chap. CV.–An Act to provide for the assessment and taxation of live stock driven into this State for pasturage, grazing, or to market, from other States or Territories, and for the collection of the same.

 

[Approved March 21, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  All live stock driven into this State for pasturage or grazing, from other States or Territories, shall be assessed as personal property in any county where such live stock may be found, and the tax due on such assessment shall be immediately paid by the owner or person or persons in charge of such transient stock, or secured to the satisfaction of the Assessor. The fact that such owner or person in charge has paid taxes on such stock in some other State or Territory shall constitute no bar to the recovery of taxes on such stock in this State on the same property, or any portion thereof, for the same year. But this section shall not apply to live stock in transit through this State to some other State or Territory in good faith.

      Sec. 2.  The Assessor shall be governed as to the amount of taxes to be by him collected on such transient stock and on all personal property when not secured by lien on real estate, by the State and county rate for the year in which the collection is made.

      Sec. 3.  The Assessor may distrain and sell such portion of such transient stock, and all personal property when not secured by lien on real estate, as may be requisite to pay the tax due and the costs of sale in the manner provided by law for the redress and sale of other personal property.

 


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κ1901 Statutes of Nevada, Page 117 (CHAPTER 105)κ

 

      Sec. 4.  Any officer failing or neglecting or refusing to perform any of the duties herein imposed shall be liable for all damages and costs resulting from such failure, negligence or refusal, to be recovered by an action at law in a court of competent jurisdiction, and shall be required to pay into the county treasury the sum of fifty dollars, to be disposed of as other fines are.

      Sec. 5.  It shall be the duty of the Sheriff and his deputies, Constable and his deputies, District Attorney and all other peace officers in this State, upon receiving information from any person, that any of the provisions of this Act have been violated, to immediately institute proceedings in the proper court against the person or persons thus complained of, and prosecute the same with reasonable diligence to final judgment, and any peace officer refusing to make complaint or institute proceedings as herein provided, shall be guilty of a misdemeanor in office, and fined in any sum not exceeding twenty-five ($25) dollars.

Nonfeasance in office, penalty.

 

 

 

Duty of county officers.

 

 

 

 

Misdemeanor.

 

________

 

CHAPTER 106

Chap. CVI.–An Act to fix the State tax levy and to distribute the same to the proper funds.

 

[Approved March 18, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  For the fiscal year commencing January first, nineteen hundred and one, and annually thereafter, an ad valorem tax of eighty cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for State purposes, upon all taxable property in this State, including net proceeds of mines and mining claims, except such property as is by law exempted from taxation. Of the tax hereby levied fifty-five and four one-hundredths cents shall go into the General Fund of the State, seven and one-fifth cents shall go into the Territorial Interest Fund, five and three-fifths cents shall go into the State Interest and Sinking Fund, ninety-six one-hundredths of one cent shall go into the State University Interest and Sinking Fund, four cents shall go into the General School Fund, eight-tenths of one cent shall go into the University Interest and Sinking Fund, 1897, No. 1, eight-tenths of one cent shall go into the University Interest and Sinking Fund, 1897, No. 2, and five and three-fifths of one cent shall go into the Contingent University Fund.

 

 

 

 

 

 

 

 

Ad valorem tax of eighty cents.

 

 

 

How apportioned.

 

________

 

 


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κ1901 Statutes of Nevada, Page 118κ

CHAPTER 107

 

 

 

 

 

 

 

 

Trespassing on patented mining ground.

 

Trespassing or interfering with the workings of patented mines a misdemeanor.

 

 

 

Penalty.

 

 

Applies to Esmeralda county.

Chap. CVII.–An Act making trespass upon patented mining ground a misdemeanor and providing punishment for the same.

 

[Approved March 23, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Any person or persons knowingly and unlawfully trespassing upon any mining ground for which a United States mineral patent has been issued shall be guilty of a misdemeanor.

      Sec. 2.  Any person or persons knowingly and unlawfully entering and trespassing upon any mining ground for which a United States mineral and patent has been issued, and removes therefrom any soil, substance, or mineral of any kind or character whatever, or interferes in any manner with the workings of said patented mine, or places in any shaft, cut, tunnel or working of said patented mine any obstructions to the development of free use and occupancy of the same by the lawful owners or their legal agents or representatives, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of three hundred dollars or imprisoned in the county jail for the term of six months, or by both such fine and imprisonment.

      Sec. 3.  The provisions of this Act shall only apply to counties that cast between 400 and 425 votes for members of Congress, at the general election held in 1900.

 

________

 

CHAPTER 108

 

 

 

 

 

 

 

 

Foreign corporations to publish annual statements.

 

To file copy with Assessor.

Penalty for neglect.

Chap. CVIII.–An Act requiring foreign corporations doing business in the State of Nevada to publish annual statements.

 

[Approved March 28, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  All foreign corporations doing business in the State of Nevada shall during the month of May of this year and in each succeeding year in the month of January, publish a statement of their last year’s business in some daily newspaper in the State of Nevada for a period of one week.

      Sec. 2.  The Secretary of the company publishing the statement shall file a copy with the several Assessors of the State of Nevada.

      Sec. 3.  Any corporation coming within the provisions of this Act who shall neglect or refuse to file a statement as required by section one of this Act, shall be liable to a penalty of $100 for each month that the published statement remains unfiled with the several Assessors of the State.

      Sec. 4.  Any District Attorney in the State is competent to sue to recover the penalty, or the Attorney-General.

 


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κ1901 Statutes of Nevada, Page 119 (CHAPTER 108)κ

 

to sue to recover the penalty, or the Attorney-General. The first county suing through its District Attorney shall secure the penalty, and if no suit is brought for the penalty by any District Attorney the State shall have the right to recover through its Attorney-General.

      Sec. 5.  All Acts and parts of Acts in conflict with this Act is hereby repealed.

Any District Attorney can commence suit.

Attorney General also.

 

________

 

CHAPTER 109

Chap. CIX.–An Act to provide for the preservation of fish in the waters of this State, and matters properly relating thereto.

 

[Approved March 28, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Every person who places or allows to pass, or who places where it can pass, or fall into or upon any of the waters of this State at any time, any lime, gas, tar, coculus indicus, or other chemical, sawdust, shavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, shall be deemed guilty of a misdemeanor, and is punishable by a fine of not less than two hundred and fifty nor more than five hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, for not less than six months nor more than one year.

      Sec. 2.  All persons, firms, companies, associations or corporations, who have erected, or may hereafter erect, all dams, water weirs, or other obstruction to the free passage of fish in the rivers, streams, lakes or other waters of the State of Nevada, shall construct and keep in repair, to the satisfaction of the Fish Commissioner, fish-ways or fish-ladders, at all dams, water weirs, or other obstructions, so that, at all seasons of the year, fish may ascend above such dams, water weirs, or other obstructions, and it shall be the duty of the Fish Commissioner and of the District Attorneys of the different counties of the State of Nevada to, so far as practicable, enforce the requirements of this section. Any person or persons, firm, company, association or corporation, failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty nor more than five hundred dollars.

      Sec. 3.  It shall not be lawful for any person or persons to take, catch, or kill any river, lake or brook trout or land-locked salmon in any of the streams, lakes, rivers or other waters within this State, between the first day of October and the first day of April of the succeeding year.

      Sec. 4.  It shall not be lawful for any person or persons to have in his or their possession or to buy or sell, or offer or expose for sale, any river, lake or brook trout, or land-locked salmon, taken, caught, or killed in any rivers, lakes, streams or other waters within this State or elsewhere, between the first day of October and the first day of April of next succeeding year.

 

 

 

 

 

 

 

 

Preservation of fish.

 

 

 

Penalty.

 

 

Dams and other obstructions.

 

 

 

 

 

 

 

Misdemeanor.

Penalty.

 

Close season.

 

 

 

Unlawful to buy or sell.

 


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κ1901 Statutes of Nevada, Page 120 (CHAPTER 109)κ

 

 

 

 

Unlawful for any common carrier.

 

Close season.

 

Fish less than six inches.

 

To be caught only with hook and line.

 

 

 

 

Relating to spawn.

 

 

 

Willfully obstructing.

 

 

Misdemeanor.

 

 

 

Misdemeanor.

 

 

 

 

Unlawful to transport fish out of the State.

salmon, taken, caught, or killed in any rivers, lakes, streams or other waters within this State or elsewhere, between the first day of October and the first day of April of next succeeding year.

      Sec. 5.  It shall not be lawful for any common carrier, express company, railroad company, or any other corporation or person to ship or transport, or receive for shipment or transportation, any river, lake or brook trout, or land-locked salmon taken, caught, or killed in any streams, lakes, rivers, or other waters of this State between the first day of October and the first day of April next succeeding.

      Sec. 6.  Any person or persons who shall at any time capture the young of any species of trout less than six inches in length from any of the rivers, lakes, streams, or other waters of this Stare shall return the same to the water.

      Sec. 7.  It shall not be lawful for any person or persons in the State of Nevada, at any time, to take, catch, or kill any river, lake, or brook trout, or land-locked salmon in any rivers, streams, lakes, or other waters within this State with any seine, net, spear or grab hooks, or by means of any set line, set hooks, gill-net, weir fence, basket, trap, giant powder, or any explosive compound, or with or by means of any other implement or substance, or in any manner except by hook and line.

      Sec. 8.  It shall not be lawful for any person or persons to take any spawn, or ova, from any variety of trout, or from any river, stream or lake or other waters in the State of Nevada, without having first obtained a written permit so to do from the Fish Commissioner of the State of Nevada.

      Sec. 9.  Any person who shall willfully or knowingly destroy, injure or obstruct any fish-way or fish-ladder, or any person or persons who shall at any time take or catch any such fish in any manner within fifty feet of such fish-way or fish-ladder, which is required by law, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten nor more than fifty days, or by both such fine and imprisonment.

      Sec. 10.  Any person or persons violating the provisions of sections three, four, five, six, seven or eight of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten nor more than fifty days, or by both such fine and imprisonment.

      Sec. 11.  It shall not be lawful for any person or persons, company, association, or corporation to, at any time, transport or offer for transportation to any town or place outside of the State, any lake, river, or brook trout which are intended to be offered for sale; and any person who shall so transport,

 


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κ1901 Statutes of Nevada, Page 121 (CHAPTER 109)κ

 

transport, offer for transportation or transport any lake, river or brook trout which are thereafter offered for sale or sold at any place outside of the State, or are offered for sale after being transported outside of the State, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty nor more than one hundred and fifty days, or by both such fine and imprisonment.

      Sec. 12.  One-half of any fine collected under the provisions of this Act shall be paid to the person who shall furnish the information leading to the conviction and one-half to the officer making the arrest.

      Sec. 13.  All Acts or parts of Acts in conflict herewith are hereby repealed.

 

 

Misdemeanor.

 

 

 

Fines collected, how paid.

 

________

 

CHAPTER 110

Chap. CX.–An Act to provide for the protection and preservation of different species of wild game, and to repeal all Acts and parts of Acts in conflict therewith.

 

[Approved March 28, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful for any person or persons, firm, company, corporation or association, to kill, catch, destroy, wound, snare, trap, injure, or pursue with intent to catch, capture, injure, or destroy, any blue-bird, blue-jay, martin, thrush, mocking-bird, swallow, wren, yellow-hammer, meadow-lark, oriole, humming-bird, swan, or any insectivo rous, plume, or song-bird (except black-birds) within this State.

      Sec. 2.  It shall be unlawful for any person or persons, firm, company, corporation or association, to kill, destroy, wound, trap, net, pound, weir, injure or pursue with intent to kill, capture, injure or destroy any pheasant within this State before the first day of September, A. D. one thousand nine hundred and six (1906).

      Sec. 3.  It shall be unlawful for any person or persons, firm, company, corporation or association, after the first day of March and before the first day of July of each and every year, to kill, catch, trap, cage, weir, destroy, or pursue with intent to catch, capture, injure or destroy, any sagecock, or sagehen within this State.

      Sec. 4.  It shall be unlawful for any person or persons, firm, company, corporation or association, at any time after the fifteenth day of July following, to kill, cage, trap, catch, destroy, or pursue with intent to catch, destroy, capture or injure any dove or doves within this State.

 

 

 

 

 

 

 

 

Preservation of wild game.

 

 

 

Relating to pheasants.

 

 

 

Close season for sagebirds

 

 

For doves.

 


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κ1901 Statutes of Nevada, Page 122 (CHAPTER 110)κ

 

Grouse and mountain quail.

 

 

 

Geese, ducks, valley quail, snipe, etc.

 

 

 

 

Unlawful to buy or sell game.

 

 

 

 

Unlawful to destroy or remove nests or eggs.

 

No larger than No. 10 shot-gun to be used.

 

Deer and antelope.

 

 

 

Unlawful to sell or buy deer or antelope.

 

 

Unlawful to kill large game of certain kind.

      Sec. 5.  It shall be unlawful for any person or persons, firm, company, corporation or association, within this State, to kill, catch, trap, net, pound, weir, wound, or pursue with intent to catch, capture, injure or destroy, any grouse or mountain quail, before the first day of September, A. D. nineteen hundred and three (1903). This section applies only to counties polling less than nineteen hundred votes.

      Sec. 6.  It shall be unlawful for any person or persons, firm, company, corporation or association at any time after the fifteenth day of March and before the first day of September of each and every year, to kill, cath, net, cage, pound, weir, trap or pursue with intent to catch, capture, injure or destroy, any wild goose, wild duck, sandhill crane, wind hen, plover, curlew, snipe, wood-cock, valley quail, prairie chicken, or bittern within this State.

      Sec. 7.  It shall be unlawful at any time of the year for any person or persons, firm, company, tavern or hotel keeper, restaurant, or eating-house keeper, butcher, market man, or cold storage company to buy, sell, expose or offer for sale, or have in his or their possession for the purpose of sale, barter, exchange or trade, any dove, sagehen, prairie chicken, grouse, quail, pheasant, wild duck, wild goose, woodcock, sandhill crane, snipe, curlew, plover or bittern.

      Sec. 8.  It shall be unlawful at any and all times of the year for any person or persons, firm, company, corporation, or association to destroy, injure, or remove the nest or eggs of any of the birds mentioned in this Act.

      Sec. 9.  It shall be unlawful in this State for any person or persons to use at any time a shot-gun of a larger caliber than that commonly known and designated as a number ten gauge.

      Sec. 10.  It shall be unlawful for any person or persons to kill at any time any deer or antelope until the expiration of two years after this law shall take effect, and thereafter a person may kill not to exceed two male deer or two male antelope, between the first day of September and the first day of November.

      Sec. 11.  It shall be unlawful for any person or persons, firm, company, corporation, or association at any and all times of the year to sell, buy, offer, or expose for sale, transport, or carry, or have in his or their possession, any deer or antelope, or any deer or antelope skin or hide from which the evidence of sex has been removed.

      Sec. 12.  It shall be unlawful for any person or persons at any and all times of the year to kill, hunt, pursue, take, trap, destroy, transport, carry or have in his or their possession any female deer or fawn, female antelope or fawn, male or female caribou or fawn, male or female elk or calf, male or female mountain sheep or lamb, male or female mountain goat or kid.

      Sec. 13.  It shall be unlawful in this State at any and all times of the year for any firm, company, tavern or hotel keeper, restaurant or eating-house keeper, butcher, market man, cold storage company or any person or persons to buy, sell, expose or offer for sale or have in his or their possession for the purpose of sale, barter, exchange or trade, the meat, skin, hide, horns or carcass, of any deer, antelope, elk, caribou, mountain sheep or mountain goat.

 


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κ1901 Statutes of Nevada, Page 123 (CHAPTER 110)κ

 

times of the year for any firm, company, tavern or hotel keeper, restaurant or eating-house keeper, butcher, market man, cold storage company or any person or persons to buy, sell, expose or offer for sale or have in his or their possession for the purpose of sale, barter, exchange or trade, the meat, skin, hide, horns or carcass, of any deer, antelope, elk, caribou, mountain sheep or mountain goat.

      Sec. 14.  It shall be unlawful for any person or persons, firm, company, corporation or association at any and all times of the year to hunt, chase, pursue, run, catch or kill any deer, antelope, caribou, elk, mountain sheep or mountain goat, with or by the use or aid of any hound or hounds.

      Sec. 15.  It shall be unlawful for any person or persons, firm, company, corporation or association within this State to have in his or their possession, or to sell, buy, transport or give away, or offer, or expose for sale, or purchase from any person whomsoever, either Indians or other persons, any of the birds, wild game or animals mentioned in this Act during the season wherein the killing, injuring, pursuing, netting, trapping, pounding, weiring, caging, selling, buying, transporting, giving away, offering or exposing for sale, or having in his or their possession is herein prohibited; provided, that nothing in this Act shall be so construed as to prohibit any resident person or persons, firm, company, corporation or association from taking (upon a written permit from the Governor of the State) any bird, fowl or animal for the purpose of propagation or domestication or scientific purposes.

      Sec. 16.  It shall be unlawful for any person or persons, firm, company, corporation, or association, to catch, kill, destroy, trap, net, weir, or cage any beaver or otter within this State before the first day of April, A. D. one thousand nine hundred and ten (1910).

      Sec. 17.  Any person or persons, firm, company, corporation or association, or common carrier, violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined in any sum not less than twenty-five ($25) dollars nor more than two hundred ($200) dollars, or imprisonment in the county jail of the county in which said conviction is had, for any term not exceeding six months, or by both such fine and imprisonment. (It shall be no defense in the prosecution for the violation of any of the provisions of this Act, that the animals or birds were taken or killed outside the State of Nevada.)

      Sec. 18.  Every railroad company, express company, transportation company or other common carrier, their officers, agents and servants, and every other person who shall transport, carry or take out of this State, or who shall receive for the purpose of transporting from this State any deer, buck, doe or fawn or any mountain sheep or antelope, or any quail, sage chicken, prairie chicken, grouse, dove wild duck or goose, or the hide, horns, of any wild animals or the plumage of any wild birds (dead or alive) shall be guilty of a misdemeanor.

Purchase or sale of meat, hides of deer.

 

 

 

Unlawful to use hounds in pursuit of deer, elk, etc.

 

Unlawful to buy, sell or have wild game.

 

 

 

 

Proviso.

 

 

 

 

Beaver and otter.

 

 

 

Misdemeanor.

 

Punishment.

 

 

 

 

 

Transportation companies guilty of misdemeanor when.

 


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κ1901 Statutes of Nevada, Page 124 (CHAPTER 110)κ

 

 

 

 

One-half of fine to informer.

 

 

or any quail, sage chicken, prairie chicken, grouse, dove wild duck or goose, or the hide, horns, of any wild animals or the plumage of any wild birds (dead or alive) shall be guilty of a misdemeanor.

      Sec. 19.  Any person giving information which leads to the conviction of any person or persons for violating any of the provisions of this Act, shall, upon the conviction of such person or persons, be entitled to receive one-half of the fine paid or collected from the person or persons upon whom such fine was imposed.

      Sec. 20.  All Acts and parts of Acts heretofore [passed] and in conflict with the provisions of this Act are hereby repealed.

 

________

 

CHAPTER 111

 

 

 

 

 

 

 

 

 

Practice of pharmacy.

 

 

Appointed by Governor.

 

 

 

 

 

 

 

Officers.

 

 

Meetings to be semi-annual.

 

 

 

Seal.

 

Chap. CXI.–An Act to provide for the creation of a State Board of Pharmacy; to regulate the practice of pharmacy; to prohibit the use of deteriorated and adulterated drugs; and to regulate the sale of poisons.

 

[Approved March 28, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  A State Board of Pharmacy, to consist of five competent pharmacists, is hereby created, whose duty it shall be to carry out the purposes and enforce the provisions of this Act. The members of said Board shall be appointed by the Governor within thirty days after the passage of this Act, to act for two years from the date of such appointment, and shall be appointed by the Governor every fourth year thereafter. Each shall be a reputable, competent pharmacist, who shall have been engaged in the practice of pharmacy in the State of Nevada for at least five years immediately prior to his appointment. Vacancies in said Board, by death or otherwise, shall be filled by the Governor by the appointment of a person duly qualified under this Act to fill the unexpired term or the person in whose stead the appointment is made.

      Sec. 2.  Said Board shall choose one of its members President and one Secretary, who shall hold their offices for one year from the date of their selection. The first members appointed on said Board shall meet and organize at the State Capitol, in Carson City, Nevada, on the first Monday in May, 1901, and thereafter they shall meet twice in each year, on the first Monday of May and November, at such place as shall be most convenient to the said Board and to the applicants for authority to practice pharmacy in this State. Due notice of all such meetings shall be given by publication in such newspaper as said Board shall deem most likely to disseminate such notice.

      Sec. 3.  Said Board shall procure a seal and shall require, through their President or Secretary, applications for examinations or certificates; the President and Secretary shall have authority to administer oaths and the Board to take testimony in all matters relating to its duties; it shall issue certificates to all who furnish satisfactory proof of having received diplomas or licenses from reputable and legally chartered Colleges of Pharmacy, and Boards of Pharmacy of the United States, which are in good standing.

 


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κ1901 Statutes of Nevada, Page 125 (CHAPTER 111)κ

 

inations or certificates; the President and Secretary shall have authority to administer oaths and the Board to take testimony in all matters relating to its duties; it shall issue certificates to all who furnish satisfactory proof of having received diplomas or licenses from reputable and legally chartered Colleges of Pharmacy, and Boards of Pharmacy of the United States, which are in good standing. It shall prepare two forms of certificates-one for persons who present to it satisfactory diplomas or licenses, and the other for candidates who may be examined by the Board. And whenever a certificate is issued by said Board, it shall notify the respective County Clerks of the several counties within this State of the issuance of such certificate or certificates, and it shall be the duty of said Clerks to keep and file said notices and also to keep a list of the persons to whom issued.

      Sec. 4.  Said Board shall issue a certificate to any person who shall have been regularly engaged in the practice of pharmacy in this State for five years immediately preceding the passage of this Act, or who shall present to the Board a satisfactory diploma or license from a reputable College of Pharmacy, or Board of Pharmacy within the United States, or who, after an examination by said Board, shall be found qualified to practice pharmacy. When the Board is not in session its Secretary may issue a temporary certificate; provided, the applicant therefor shall have deposited the usual fee and filed with said Secretary his diploma or license from some reputable and legally chartered College of Pharmacy, or Board of Pharmacy, in good standing, within the United States, and such temporary certificate shall entitle the holder to practice pharmacy until the next regular meeting of said Board. All examinations of applicants to practice pharmacy shall be thorough and searching and shall be in the following branches: Theory and practice of pharmacy; pharmacognosy, chemistry, botany, materia medica, vegetable histology, physiology, and prescription work; and prior to such examination the Board shall have satisfactory proof that the applicant has had at least a grammar school preliminary education, and not less than four years’ experience in pharmacy work or in compounding physicians’ prescriptions. In case of failure to pass, the Board shall grant a second examination within one year without additional fee. The Board may judge whether the College of Pharmacy, or Board of Pharmacy, which issued any diploma or license presented to it, is reputable and legally chartered and worthy of recognition, subject to the action of the courts in case of abuse of its discretion in this respect.

      Sec. 5.  With each application for authority to practice pharmacy within this State, there shall be deposited with its Board, or its President or Secretary, the sum of five dollars, and in case of issuance of license to the applicant an additional sum of ten dollars shall be paid by the applicant to said Board, and all moneys collected by said Board shall be used by it to defray its legitimate expenses.

 

 

Certificates to issue.

 

 

 

 

County Clerks to be notified.

 

 

Who shall receive certificates.

 

 

 

 

Temporary, when issued.

 

 

 

 

Examination to consist of.

 

 

 

 

 

 

 

 

Fee of applicant.

 


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κ1901 Statutes of Nevada, Page 126 (CHAPTER 111)κ

 

 

 

Fraudulent diploma.

 

 

Misdemeanor.

 

 

 

Diploma.

 

 

 

 

 

 

Certificate to be recorded.

 

 

Negligence punished.

 

 

Misdemeanor.

 

 

 

Refuse certificate, when.

 

 

 

 

 

Revoking certificate, when.

said Board, and all moneys collected by said Board shall be used by it to defray its legitimate expenses.

      Sec. 6.  It shall be unlawful for any person to present to said Board any forged or fraudulent diploma or license or one which was not issued to the person presenting the same, and any person who shall so present such a diploma or license shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five hundred dollars or by imprisonment in the county jail for a period of not less than fifty nor more than one hundred and eighty days, or by both such fine and imprisonment, for each and every such offense.

      Sec. 7.  Any person to whom a diploma or license has been issued may present the same in person, by letter or by proxy to the Board, accompanied by proof to the satisfaction of the Board that such diploma or license was issued to the person presenting the same, and, if the Board shall be satisfied with such proof, and also as to the character and standard of colleges of pharmacy or Board of Pharmacy within the United States which issued said diploma or license, said Board shall thereupon issue its certificate to the applicant.

      Sec. 8.  Every person to whom a certificate from the Board of Pharmacy shall have issued shall, before he enters upon the practice of pharmacy in this State, have said certificate recorded in the office of the County Recorder of the county in which he resides.

      Sec. 9.  Any person who shall, after the passage of this Act, fail to use due care and reasonable caution, or who shall be grossly negligent in compounding drugs or in the filling of prescriptions, to the jeopardy of the health or life of the public, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred or more than five hundred dollars, or by imprisonment in the county jail for not less than fifty days nor more than one hundred (and) eighty days for each and every offense, or by both such fine and imprisonment.

      Sec. 10.  The Board may refuse a certificate to any individual guilty of unprofessional or dishonorable conduct, or when said Board shall be advised by satisfactory and competent proof that the applicant for such certificate is unduly careless, grossly negligent, or fails to use reasonable precaution in the compounding of drugs or the filling of prescriptions, to the jeopardy of the health or life of the public; and it is hereby further provided that, upon conviction of the offense set forth in section nine of this Act, the certificate to practice pharmacy granted to the person so convicted shall be in writing by the Board of Pharmacy forever revoked, and a copy of such revocation shall be furnished the respective County Clerks and County Recorders of the several counties within this State, and it shall be the duty of the respective County Clerks to keep and file said revocation and also to keep a list of the persons whom such revocations name; and it shall be the duty of the respective County Recorders to record in their offices in the proper book of record said revocations.

 


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κ1901 Statutes of Nevada, Page 127 (CHAPTER 111)κ

 

County Clerks to keep and file said revocation and also to keep a list of the persons whom such revocations name; and it shall be the duty of the respective County Recorders to record in their offices in the proper book of record said revocations. In all cases of refusal or revocation, except in cases of conviction of the offense provided for in section nine of this Act, the party aggrieved may appeal to the Courts for adjudication of the controversy.

      Sec. 11.  Nothing in this Act shall be construed to prohibit gratuitous services in cases of emergency, or to duly appointed pharmacists of the United States Army or Navy.

      Sec. 12.  All moneys received by this Board shall be paid out on its order for its actual necessary expenses and the expenses of its members incurred in attending its meetings, and in case the money received by the said Board shall be insufficient to meet its actual expense and the actual traveling expenses of its members in attending its meetings, then the Board shall certify to the State Controller, under its seal, and over the signatures of its President and Secretary, the amount actually necessary to meet the remainder of the traveling expenses of its members for attending such meetings, and upon the receipt of such certificate the Controller shall draw his warrant upon State Treasurer for the same, which shall be payable out of any funds in the State Treasury not otherwise appropriated.

      Sec. 13.  The amount of money which shall be drawn by warrant of the State Controller payable out of the State Treasury for the necessary expenses of said Board, as provided by section twelve of this Act, shall not exceed one hundred and fifty dollars per annum.

      Sec. 14.  A majority of said Board shall constitute a quorum to transact all business. All certificates issued by said Board shall bear its seal and signatures of the President and Secretary, and shall authorize the person to whom it is issued for that purpose to practice pharmacy in any and all counties in this State upon complying with the requirements of this Act.

      Sec. 15.  Any person practicing pharmacy or compounding drugs or medicines or filling physician’s prescriptions in this State, without first complying with the provisions of this Act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, or by imprisonment in the county jail for not less than fifty days, nor more than one hundred and eighty days for each and every offense, or by both such fine and imprisonment. Any person may institute proceedings at law provided for in this Act, and it shall be the duty of the Board of Pharmacy, or any member thereof, whenever satisfied that any of the provisions of this Act have been violated, to institute, or cause to be instituted, the proper proceedings for punishment thereof.

Duties of County Clerk and County Recorder.

 

 

 

 

Proviso.

 

 

Receipts and expenses.

 

 

 

 

 

 

 

State Treasurer to pay deficit.

Not to exceed $150 per annum.

 

 

Certificate to bear seal and signatures of President and Secretary.

 

 

Misdemeanor.

 

 

Penalty.

 

 

 

 

Proper proceedings.

 


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κ1901 Statutes of Nevada, Page 128 (CHAPTER 111)κ

 

No compensation.

 

Cannot deteriorate or alter drugs.

 

 

 

 

Misdemeanor.

 

 

 

 

 

Power of Board.

 

 

 

 

Unlawful to retail, when.

 

 

Poisonous drugs

 

 

Names and addresses to be entered in a book.

      Sec. 16.  No member of the Board of Pharmacy of this State shall receive any compensation for any service or services rendered under the provisions of this Act.

      Sec. 17.  No person shall add to or remove from any drug, chemical or medical preparation any ingredient or material for the purpose of adulteration or substitution or which shall deteriorate the quality, commercial value or medical effect, or alter the nature or composition of such article, and no person shall knowingly sell or offer for sale any such adulterated, altered or substituted drug, chemical or medical preparation without first informing the purchaser of the adulteration or sophistication of the article sold or offered for sale. Any person who shall willfully violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than fifty dollars for the first offense, and for each subsequent offense a fine of not less than fifty dollars nor more than one hundred dollars. On written complaint being entered against any person or persons charging them with specific violation of any of the provisions of this section, the Board of Pharmacy is hereby empowered to delegate one of its members, or other suitable person, who shall have authority to inspect drugs, chemicals or medicines, and to make a thorough investigation of the case; he shall then report the result of his investigation, and, if such report justify such action, the Board shall notify the proper District Attorney, who shall prosecute the offender according to law.

      Sec. 18.  It shall be unlawful for any person or persons to retail any poisons enumerated in Schedules “A” and “B,” appended to this Act, without labeling the box, bottle or paper in which said poison is contained with the name of the article, the word poison, and the name and place of business of the seller, nor shall it be lawful to sell or deliver any poison mentioned in Schedules “A” and “B,” unless on inquiry it is found that the buyer is aware of its poisonous character, and that it is to be used for a legitimate purpose, nor shall it be lawful to sell or deliver any poison included in Schedule “A” without making, or causing to be made, an entry, in a book kept for that purpose only, stating the date of sale, the name and address of purchaser, the name and quantity of the poison sold, the purpose for which it is stated by the purchaser to be required and the name of the dispenser; said book to be always open for inspection by the proper authorities, and to be preserved for at least five years. The provisions of this section shall not apply to the dispensing of poisons when prescribed by practitioners of medicine, nor to the sale of poisons if in a single bottle, box or package does not contain more than one ordinary dose. Dealers shall affix to every bottle, box, parcel or other enclosure of any original package containing any of the articles mentioned in Schedules “A” and “B” of this Act, a suitable label or brand with the word “POISON,” but they are hereby exempted from the registration of the sale of such articles when sold at wholesale or to a registered pharmacist or physician.

 


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κ1901 Statutes of Nevada, Page 129 (CHAPTER 111)κ

 

tioned in Schedules “A” and “B” of this Act, a suitable label or brand with the word “POISON,” but they are hereby exempted from the registration of the sale of such articles when sold at wholesale or to a registered pharmacist or physician. Any person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding fifty dollars.

      Sec. 19.  Any registered or licensed pharmacist who shall in his place of business permit the compounding or dispensing of drugs or the filling of prescriptions of medical practitioners of this State by persons not licensed by the Board of Pharmacy, and any person not duly licensed by said Board, who shall compound or dispense drugs or fill the prescriptions of medical practitioners within this State, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for the first offense, and not less than one hundred dollars nor more than five hundred dollars for every subsequent offense. Nothing in this Act shall apply to or interfere with the business of any practitioner of medicine who does not keep a pharmacy or open shop for the retailing of medicine or poison, nor with the exclusive wholesaling business of any dealer, except that portion of section eighteen which relates to marking or labeling certain poisons mentioned in this Act; nor shall general dealers come under the provisions of this Act in so far as it relates to the keeping for sale of proprietary medicines in original packages of drugs and medicines, but in no case shall they compound or prepare any pharmaceutical preparations or prescriptions.

 

Schedule “A.”

      Arsenic, corrosive sublimate, cyanide of potassium, hydrocyanic acid, strychnia, cocaine, and all other poisonous vegetable alkaloids and their salts, opium and all its preparations excepting those which contain less than two grains to the ounce.

 

Schedule “B.”

      Aconite, belladonna, cocaine, colchium, conium, nux vomica, savin, cantharides, phosphorus, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral, sulphate of zinc, sugar of lead, mineral acids, carbolic acid, oxalic acid, white precipitate, red precipitate, biniodide of mercury, and essential oil of almonds.

      Sec. 20.  This Act shall take effect, so far as certificates provided for are concerned, and be in force in that respect on and after the first day of May, 1901, and in all other respects it shall take effect upon its approval.

      Sec. 21.  All Acts or parts of Acts in conflict with this Act are hereby repealed.

Poison to be labeled.

 

 

 

 

 

Filling of prescriptions.

 

 

 

Misdemeanor.

 

 

 

Proviso.

 

 

 

 

 

 

 

 

 

Poisons under Schedule “ A

 

 

 

Poisons under Schedule ‘ B

 

 

To take effect.

 

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κ1901 Statutes of Nevada, Page 130κ

CHAPTER 112

 

 

 

 

 

 

 

 

 

Commissioners of Ormsby county authorized to convey to the State certain property.

 

 

 

 

 

Property described.

 

 

 

 

 

State authorized to receive said property.

 

 

State not liable.

 

Under control of State Board Examiners.

Chap. CXII.–An Act authorizing and directing the Board of County Commissioners of Ormsby county, State of Nevada, to grant, donate and convey to the State of Nevada certain real estate belonging to said Ormsby county.

 

[Approved March 28, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  The Board of County Commissioners of Ormsby county, Nevada, is hereby authorized and directed to grant, donate and convey to the State of Nevada, the following described real estate situated in said county, to wit: All of block number two (2) of Sears, Thompson & Sears Division of Carson City, Ormsby county, Nevada, together with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining; also those certain lots, pieces and parcels of land beginning at the center of number seventeen (17), township fifteen (15) north, range twenty (20) east, M. D. B. & M.; thence east on the quarter section line 14.50 chains; thence north 35 minutes, east 16.12 chains; thence west to the quarter section line 14.50 chains; thence south on the quarter section line to the place of beginning, containing 23.48 acres; also all of that piece or parcel of land described as follows: Beginning at the center of said section seventeen (17), thence south on the quarter section line 17.60 chains; thence east along the fence 14.30 chains; thence north 35 minutes, east 17.58 chains to the quarter section line; thence west on the quarter section line to the place of beginning, containing 25.33 acres of land, together with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining.

      Sec. 2.  The State of Nevada, acting by and through the Governor of said State, is hereby authorized and directed to receive and accept said property hereinbefore described, in such manner and by means of such conveyances that the right and title to the same shall pass to this State free and clear of all incumbrances, and in no case shall the State of Nevada be liable for any indebtedness incurred, outstanding or otherwise, liens or incumbrances now made, existing or suffered or attached to said property.

      Sec. 3.  All property received or accepted, donated, granted, conveyed or given to the State of Nevada under or by virtue of the provisions of this Act shall be under the management, direction and control of the Board of Examiners of the State of Nevada, and shall be used by them in such manner as they may deem for the best interests of this State.

      State of Nevada,

 

Department of State.

}

ss.

 

      I, Eugene Howell, Secretary of State, do certify that the foregoing Act

 


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κ1901 Statutes of Nevada, Page 131 (CHAPTER 112)κ

 

did remain with the Governor ten days (Sundays excepted) after the final adjournment of the Legislature, and no objections having been filed by his Excellency, it has therefore, in conformity with Section 35, Article IV, of the Constitution of the State of Nevada, become a law this twenty-ninth day of March, 1901.

 

cid:image001.png@01D49628.D52AD7C0In Witness Whereof, I have hereunto set my hand and affixed the Great Seal of State, this 29th day of March, A. D. 1901.

                                                                                                  EUGENE HOWELL,

                                                                                                               Secretary of State.

 

Certificate.

 

________

 

CHAPTER 113

Chap. CXIII.–An Act to amend an Act entitled “An Act to amend section fourteen of an Act entitled ‘An Act to regulate insurance business in this State,’ approved February 23, 1881,” approved March 14, 1899.

 

[Became a law March 29, 1901.]

 

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

 

      Section 1.  Section fourteen of the above-entitled Act is hereby amended so as to read as follows:

      Section fourteen.  The Controller shall collect for filing each power of attorney and issuing his certificate, as required by this Act, five dollars; for an annual license to each fire insurance company to transact business throughout this State, one hundred dollars; for an annual license to each life insurance company, cooperative insurance association or mutual benefit society, to transact business throughout this State, one hundred dollars; for an annual license to each life and accident insurance company, to transact business throughout this State, one hundred dollars; for an annual license to each casualty and surety company to transact business throughout this State, twenty dollars; provided, however, that nothing contained in this Act shall be construed to apply to any charitable secret society, organized in this State, or working under or being subordinate to a supreme lodge of a secret society, organized under the laws of another State, or to prevent the same from issuing benefits to its members. For examining the financial condition of any company or association organized in this State, the just and legitimate expenses of such examination which shall be paid by the said company, and the Controller shall revoke or refuse his certificate of authority to any company neglecting or refusing to pay such expenses. All fines and penalties recovered under the provisions of this Act shall be paid into the State School Fund, and all licenses, fees and other collections by the Controller shall be paid into the General Fund of the State; provided, the Controller shall be allowed the just and legitimate expenses of the examination hereinbefore mentioned.

      Sec. 2.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

Insurance license.

 

 

 

 

 

 

 

Proviso.

 

 

 

 

 

Neglect or refusal.

 

Paid into certain funds.

 

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