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κ1903 Statutes of Nevada, Page 17κ
LAWS OF THE STATE OF NEVADA
PASSED AT THE
TWENTY-FIRST SESSION OF THE LEGISLATURE
1903
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Chapter I.An Act to create a Legislative Fund.
[Approved January 23, 1903.]
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 forty thousand ($40,000) 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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Chap. II.An Act granting leave of absence to A. G. Dawley, County Clerk and ex officio Treasurer of Elko County.
[Approved January 27, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Leave of absence from Elko county and the State of Nevada is hereby granted to A. G. Dawley, County Clerk and ex officio Treasurer of said county, for the period of four months, to be taken during either one of the years, nineteen hundred and three or nineteen hundred and four; provided, said A. G. Dawley shall leave in his office, during his absence, |
Granting leave of absence to County Clerk of Elko county. |
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his absence, a competent deputy or deputies to perform the necessary work of his office, for the services of which deputy or deputies there shall be paid out of the treasury of Elko county the sum of one hundred dollars per month during the absence of said A. G. Dawley under the leave hereby granted. |
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Appropriation for copying Senate Journal.
Secretary of State to certify. |
Chap. III.An Act to provide for copying the Journal of the Senate for Twenty-first Session.
[Approved January 30, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and twenty-five ($125) dollars is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid to Miss Alice A. Hannan for copying the Journal of the Senate for the Twenty-first Session of the Nevada State Legislature, for the State Printer. Sec. 2. Upon receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Senate for the Twenty-first 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 Alice A. Hannan, named in section one of this Act, for the said sum of one hundred and twenty-five ($125) dollars, and the State Treasurer shall pay the same. |
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Chap. IV.An Act providing for the cooperation of the State of Nevada with the Secretary of the Interior of the United States in the construction and administration of irrigation works for the reclamation of arid lands in the State of Nevada for the measurement, appropriation and distribution of water, determination of water rights, preserving and certifying records thereof, creating officers for the enforcement hereof, defining the tenure of office, powers and duties and fixing their compensation; providing for penalties for infringements hereof, and enacting a standard measure of water and conferring upon the Secretary of the Interior such rights and powers under the laws of Nevada as are necessary to enable him to carry out and execute an Act of the Congress of the United States, approved June 17, 1902, entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands.
[Approved February 16, 1903.]
Whereas, The Congress of the United States did by an Act approved June 17, 1902, enact the following law: |
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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That all moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington and Wyoming, beginning with the fiscal year ending June thirtieth, nineteen hundred and one, including the surplus of fees and commissions in excess of allowances to registers and receivers, and excepting the five per centum of the proceeds of the sales of public lands in the above States set aside by the law for educational and other purposes, shall be, and the same are hereby reserved, set aside and appropriated as a special fund in the Treasury to be known as the reclamation fund, to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversions, and development of waters for the reclamation of arid and semi-arid lands in the said States and Territories, and for the payment of all other expenditures provided for in this Act; provided, that in case the receipts from the sale and disposal of public lands other than those realized from the sale and disposal of lands referred to in this section are insufficient to meet the requirements for the support of agricultural colleges in the several States and Territories, under the Act of August thirtieth, eighteen hundred and ninety, entitled An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanical arts, established under the provisions of an Act of Congress approved July second, eighteen hundred and sixty-two, the deficiency, if any, in the sum necessary for the support of said colleges shall be provided for from any moneys in the Treasury not otherwise appropriated. Sec. 2. That the Secretary of the Interior is hereby authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells, and to report to Congress at the beginning of each regular session as to the results of such examinations and surveys, giving estimates of cost of all contemplated works, the quantity and location of the lands which can be irrigated therefrom, and all tracts relative to the practicability of each irrigation project; also the cost of works in process of construction as well as of those which have been completed. Sec. 3. That the Secretary of the Interior shall, before giving the public notice provided for in section four of this Act, withdraw from public entry the lands required for any irrigation works contemplated under the provisions of this Act, and shall restore to public entry any of the lands so withdrawn when, in his judgment, such lands are not required for the purpose of this Act; |
Appropriating proceeds of land sales for irrigation purposes.
Report of Secretary of Interior as to practicability of irrigation project.
Secretary of Interior to withdraw from entry certain lands necessary for irrigation purposes. |
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Secretary of Interior to withdraw certain lands from entry.
Providing for construction, and regulating hours of labor.
Use of water and extent of same for private ownership. |
required for the purpose of this Act; and the Secretary of the Interior is hereby authorized, at or immediately prior to the time of beginning the surveys for any contemplated irrigation works, to withdraw from entry, except under the homestead laws, any public lands believed to be susceptible of irrigation from said works; provided, that all lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this Act; that said surveys shall be prosecuted diligently to completion, and upon completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable or advisable, and if determined to be impracticable or unadvisable, he shall thereupon restore said lands to entry; that public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty or more than one hundred and sixty acres, and shall be subject to the limitations, charges, terms and conditions herein provided; provided, that the commutation provisions of the homestead laws shall not apply to entries made under this Act. Sec. 4. That upon the determination by the Secretary of the Interior that any irrigation project is practicable, he may cause to be let contracts for the construction of the same, in such portions or sections as it may be practicable to construct and complete as parts of the whole project, providing the necessary funds for such portions or sections are available in the reclamation fund, and thereupon he shall give public notice of the lands irrigable under such project, and limit of area per entry, which limit shall represent the acreage which, in the opinion of the Secretary, may be reasonably required for the support of a family upon the lands in question; also of the charges which shall be made per acre upon said entries, and upon lands in private ownership which may be irrigated by the waters of the said irrigation project, and the number of annual installments, not exceeding ten, in which said charges shall be paid and the time when such payments shall commence. The said charges shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project, and shall be apportioned equitably; provided, that, in all construction work, eight hours shall constitute a days work, and no Mongolian labor shall be employed thereon. Sec. 5. That the entryman upon lands to be irrigated by such works shall, in addition to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the land covered by his entry shall pay to the Government the charges apportioned against such tract, as provided in section four. |
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provided in section four. No right to the use of water for land in private ownership shall be sold for a tract exceeding one hundred and sixty acres to any one land owner, and no such sale shall be made to any land owner, unless he be an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made. The annual installments shall be paid to the receiver of the local land office of the district in which the land is situated, and a failure to make any two payments when due shall render the entry subject to cancelation, with the forfeiture of all rights under this Act, as well as of any moneys already paid thereon. All moneys received from the above sources shall be paid into the reclamation fund. Registers and receivers shall be allowed the usual commissions on all moneys paid for lands entered under this Act. Sec. 6. That the Secretary of the Interior is hereby authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irrigation works constructed under the provisions of this Act; provided, that when the payments required by this Act are made for the major portion of the lands irrigated from the waters of any of the works herein provided for, then the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the Secretary of the Interior; provided, that the title to and the management and operation of the reservoirs and the works necessary for their protection and operation shall remain in the Government until otherwise provided by Congress. Sec. 7. That where in carrying out the provisions of this Act it becomes necessary to acquire any rights or property, the Secretary of the Interior is hereby authorized to acquire the same for the United States by purchase or by condemnation under judicial process, and to pay from the reclamation fund the sums which may be needed for that purpose, and it shall be the duty of the Attorney-General of the United States upon every application of the Secretary of the Interior under this Act, to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the Department of Justice. Sec. 8. That nothing in this Act shall be construed as affecting or intending to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this Act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any land owner, appropriator, or user of water in, to, or from any interstate stream of the waters thereof; |
Use of water for private ownership.
Relative to title, operation and management of works.
Acquirement of rights and property under condemnation. proceedings.
Not to interfere with vested rights when beneficially used. |
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How money shall be used.
Power of Secretary of Interior.
Work on certain streams.
Application of certain funds.
Capabilities of certain streams as to irrigable purposes. |
of water in, to, or from any interstate stream of the waters thereof; provided, that the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right. Sec. 9. That it is hereby declared to be the duty of the Secretary of the Interior in carrying out the provisions of this Act, so far as the same may be practicable and subject to the existence of feasible irrigation projects, to expend the major portion of the funds arising from the sale of public lands within each State and Territory hereinbefore named for the benefit of arid and semi-arid lands within the limits of such State or Territory; provided, that the Secretary may temporarily use such portion of said funds for the benefit of arid or semi-arid lands in any particular State or Territory hereinbefore named as he may deem advisable, but when so used the excess shall be restored to the fund as soon as practicable, to the end that ultimately, and in any event, within each ten year period after the passage of this Act, the expenditures for the benefit of the said States and Territories, shall be equalized according to the proportions and subject to the conditions as to practicability and feasibility aforesaid. Sec. 10. That the Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this Act into full force and effect. And Whereas, The Secretary of the Interior of the United States, acting by and through the United States Geological Survey, has entered upon the examination, survey and location of irrigation works on the Truckee, Carson, Walker and Humboldt Rivers, in the State of Nevada, as provided for in Section 2 of said Act, and is or soon will be prepared to let contracts for the same as provided in Section 4 of said Act; and Whereas, A sum approximating ten million dollars is now collected in a special fund in the Treasury of the United States, known as the Reclamation Fund referred to in Section 1 of said Act, and is applicable to the construction and maintenance of irrigation works for the reclamation of arid and semi-arid lands in the arid and semi-arid States and Territories, and it is desirable that a portion thereof be immediately applied to the construction, maintenance and operation of irrigation works in and for the State of Nevada; and Whereas, It is estimated by the United States Geological Survey that the waters of the Truckee River now irrigating only forty-two thousand (42,000) acres of land in Nevada can, by conservation and economical use, be made to supply two hundred and eighty thousand (280,000) acres; and the Carson River now irrigating in Nevada only fifty thousand (50,000) acres can,
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(50,000) acres can, by conservation and economical use, be made to supply one hundred and seventy-five thousand (175,000) acres; and that the waters of the Walker River now irrigating forty thousand (40,000) acres in Nevada can, by conservation and economical use, be made to supply two hundred thousand (200,000) acres; and that the waters of the Humboldt River now irrigating in whole or in part three hundred thousand (300,000) acres can, by conservation and economical use, be made to supply seven hundred and fifty thousand (750,000) acres; thus increasing the total irrigated area of the aforesaid rivers from four hundred and thirty-two thousand (432,000) acres to one million four hundred and five thousand (1,405,000) acres of land in the State of Nevada; thus vastly increasing its population and wealth; and Whereas, Similar work of examination, survey and location is being done in other arid and semi-arid States and Territories, and each and every of said States and Territories is applying to the Secretary of the Interior for the immediate commencement of work of construction; and Whereas, It is within the discretion of the Secretary of the Interior to expend the whole or any part of said fund in any arid or semi-arid State or Territory; and Whereas, It is understood to be the disposition of the Secretary of the Interior to commence work immediately upon such irrigation projects as are feasible and along the lines of least resistance, and which are located in such States and Territories, as indicate by their laws and the action of their public officers the best spirit of cooperation and helpfulness; and Whereas, In Section 6 of said Act, the Secretary of the Interior is authorized to use the said reclamation fund for the operation and maintenance of all reservoirs and irrigation works constructed under the provisions of said Act; provided, that when the payments required thereby are made for the major portion of the lands irrigated from the waters of any of the works therein provided for, then the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the Secretary of the Interior; provided, that the title to and the management and operation of the reservoirs and the works necessary for their protection and operation shall remain in the Government of the United States until otherwise provided by Congress; and Whereas, It is deemed advisable by the State of Nevada that during the period of the construction of such works in or for the State of Nevada by the Federal Government, and during the operation, management and maintenance thereof by the Federal Government, unity of control of the river on which such works are constructed is essential; and it is desirable that such unity of control be exercised by the Secretary of the Interior until the management, operation and maintenance of such works shall pass to the owners of the lands irrigated thereby, as provided in Section 6 of said Act; and
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Capabilities of certain streams.
Work of other Territories.
Expenditure of fund.
Commencement of work.
Time of passing title to private owner.
Unity of control. |
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Adjudication of condemnation proceedings.
Not to interfere with vested rights.
To subserve interests of vested rights.
Amount of water necessary for new lands.
State cooperation.
Appropriation of certain waters for public use. |
which such works are constructed is essential; and it is desirable that such unity of control be exercised by the Secretary of the Interior until the management, operation and maintenance of such works shall pass to the owners of the lands irrigated thereby, as provided in Section 6 of said Act; and Whereas, It may become necessary for the Secretary of the Interior in carrying out the provisions of said Act to proceed to condemn rights or property in the State of Nevada, and it is desirable that every facility should be given to the Secretary of the Interior for the speedy adjudication of such proceedings in the courts of Nevada; and Whereas, It is expressly declared by Section 8 of said Act, that nothing therein shall be construed as in any way interfering with the laws of any State or Territory relating to control, appropriation, use, distribution of water used in irrigation, or any vested right acquired thereunder; and Whereas, It is the purpose of the Secretary of the Interior not to impair or injure vested rights, but on the contrary to confirm the same, and to provide by storage such an abundance of water as to make such vested rights more full, certain and assured in their beneficial operation than at present, and Whereas, It is essential that the Secretary of the Interior, before proceeding to actual construction on any river in Nevada, shall be informed as to the extent of the present actual appropriation and beneficial use of water by existing communities, in order that the Secretary of the Interior may be informed as to what quantity of water will be necessary to fully supply existing uses, and what quantity of water will be available for the supply of new lands and new uses; and Whereas, It is the desire of the State of Nevada to cooperate in every way with the Secretary of the Interior in the construction, operation, management and maintenance of irrigation works in the State of Nevada under said Act; and it is to the interest of the State of Nevada that every inducement should be held out to the Secretary of the Interior by cooperative and helpful State legislation to enter upon the work of construction, operation, management and maintenance as aforesaid; now therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All natural water courses and natural lakes, and the waters thereof which are not held in private ownership, belong to the public, and are subject to appropriation for a beneficial use, and the right to the use of water so appropriated for irrigation shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right; the use of all water now appropriated, or that may hereafter be appropriated, is hereby declared to be a public use. |
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priated, or that may hereafter be appropriated, is hereby declared to be a public use. Sec. 2. The maximum quantity of water which may be appropriated or used for irrigation purposes in the State of Nevada shall not exceed three acre feet per year for each acre of land supplied. Sec. 3. The office of State Engineer is hereby created. He shall be appointed by the Governor, and shall receive a salary not exceeding twenty-four hundred ($2,400) dollars per annum, payable in equal monthly installments by the State Treasurer upon warrants drawn by the State Controller. He shall keep his office at the State Capitol. No person shall be appointed as such State Engineer who does not have such training in hydraulic engineering and such practical skill and experience as shall fit him for the position; nor shall any person be so appointed save upon the recommendation of the Secretary of the Interior or the Director of the United States Geological Survey, unless after thirty days notice to such officials they shall fail to make such recommendation. He shall hold his office at the pleasure of the Governor, but his successor shall, in all cases, have the foregoing qualifications and recommendations. He shall not be permitted to accept any private employment. Sec. 4. Before entering upon the duties of his office the State Engineer shall take and subscribe an official oath such as is provided by law for said officers before some officer authorized by the law of the State to administer oaths, and shall file with the Secretary of State said oath and his official bond in the penal sum of five thousand dollars, with not less than two sureties, to be approved by the Governor of the State, and conditioned for the faithful discharge of his official duties, and for the delivery to his successor, or other person appointed by the Governor to receive the same, all moneys, books and other property belonging to the State then in his hands, and under his control, or with which he may be chargeable as such officer. Sec. 5. The State Engineer shall perform such duties as are prescribed herein. He shall become conversant with the State and the needs of the State as to irrigation matters, and in his reports to the Governor he shall make such suggestions as to the amendment of existing laws, or the enactment of new laws, as his information and experience shall suggest; and he shall keep in his office full and proper records of his work, observations and calculations; all of which shall be the property of the State. He shall cooperate with the Secretary of the Interior in all work of construction, operation, maintenance and management of irrigation works constructed by the Secretary of the Interior in and for the benefit of Nevada, under an Act of Congress of the United States, approved June 17, 1902, entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands, and shall in every way facilitate the work of the Secretary of the Interior in carrying out the provisions of said Act in the State of Nevada. |
Defining extent of appropriation.
Creating office of State Engineer, defining salary and duties.
Oath and bond of State Engineer.
Further duties of State Engineer. |
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Assistant State Engineer.
Expenses of State Engineer and Assistant.
To make reports.
Method of appropriation.
Statement to include. |
States and Territories to the construction of irrigation works for the reclamation of arid lands, and shall in every way facilitate the work of the Secretary of the Interior in carrying out the provisions of said Act in the State of Nevada. Sec. 6. The State Engineer shall have the power to employ an assistant engineer at an expense not to exceed $1,200 per annum, and to employ other assistants at a total additional expense not to exceed $500 per annum; such assistant engineer and such additional assistants to be paid out of any money appropriated for that purpose, on the certificate of the State Engineer and the approval of the State Board of Examiners. He may also appoint as assistant engineers and as additional assistants such persons in the service of the United States Geological Survey as may be designated by the Secretary of the Interior or the Director of the United States Geological Survey; but such assistant engineers and such additional assistants shall be entitled to no pay from the State of Nevada. Sec. 7. When the State Engineer, or his assistant engineer, is called away from his office he shall be entitled to his actual traveling expenses, which shall be paid out of any money appropriated for that purpose, on the certificate of said State Engineer approved by the State Board of Examiners. Sec. 8. The State Engineer shall prepare and render to the Governor, biennially, and oftener if required, full and true reports of his work, touching all the matters and duties devolving upon him by virtue of his office, which report shall be delivered to the Governor on or before the 31st day of December of the year preceding the regular session of the Legislature. Sec. 9. Such State Engineer shall prepare for each stream in the State of Nevada a list of the appropriations of water according to priority, and in order to make such list, he shall enclose to each person having a claim to the waters of such stream a blank form on which said claimant shall present in writing all the particulars showing the amounts and dates of appropriations to the use of water of said stream to which he lays claim; the said statement to include the following: The name and address of the claimant. The nature of the use on which the claim for an appropriation is based. The time of the commencement of such use, and if distributing works are required. The date of beginning of survey. The date of beginning of construction The date when completed. The date of beginning and completion of enlargements. The dimensions of the ditch as originally constructed and as enlarged. The date when water was first used for irrigation or other beneficial purposes, and if used for irrigation, the amount of land reclaimed or irrigated the first year; the amount in subsequent years, with the dates of reclamation, and the amount of land such ditch is capable of irrigating. |
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beneficial purposes, and if used for irrigation, the amount of land reclaimed or irrigated the first year; the amount in subsequent years, with the dates of reclamation, and the amount of land such ditch is capable of irrigating. The character of the soil and the kind of crops cultivated, and such other facts as will show a compliance with the law in acquiring the appropriation and the rank of priority claimed. Sec. 10. Each of said claimants shall be required to certify to his statements under oath, and any officer authorized to administer oaths is hereby authorized to administer such oaths. Sec. 11. The failure of any claimant to make such a sworn statement within sixty days after notice that such statement is required by the State Engineer, shall be punishable as a misdemeanor on the complaint of the State Engineer or any of his assistants. Sec. 12. It shall be the duty of the State Engineer, or some qualified assistant, as soon as practicable, to make an examination of such stream and the works diverting therefrom, said examination to include the measurement of the discharge of said stream unless adequate proof is available from the measurements made by the United States Government, and of the carrying capacity of the various ditches and canals diverting water therefrom; an examination of the irrigated lands, and an approximate measurement of the lands irrigated, or susceptible of irrigation, from the various ditches and canals, which said observations and measurements shall be reduced to writing, and made a matter of record in his office, and it shall be the duty of the State Engineer to make or cause to be made a map or plat, on a scale of not less than one inch to the mile, showing with substantial accuracy, the course of said stream, the location of each ditch or canal diverting water therefrom and the legal subdivisions of lands which have been irrigated, or which are susceptible of irrigation from the ditches and canals already constructed. In performing such work the State Engineer or his assistant may avail himself of the works, records and information of the United States Geological Survey. Sec. 13. Within thirty days after the preparation of the list of priorities of appropriation of the use of waters of any stream, it shall be the duty of the State Engineer to issue to each person, association or corporation, represented in such list, a certificate to be signed by said State Engineer, setting forth the name and postoffice address of the appropriator, the priority number of such appropriation, the amount of water appropriated and amount of prior appropriations, and if such appropriations be for irrigation, a description of the legal subdivisions of the lands to which said water is to be applied. And he shall also send such certified list, by registered mail, to the County Recorder of the county in which such appropriations shall have been made, as well as to the County Recorder of the county in which the waters appropriated are used, and it shall be the duty of said County Recorder, within ten days after the receipt of such certificate, to record the same in a book specially prepared and kept for that purpose, and the fee for such record shall be fixed by the Governor, and shall be allowed and paid by the Board of Examiners out of funds in the treasury applicable thereto. |
Oath of claimants.
Claimant to make statement within 60 days.
Method of determining lands susceptible of irrigation.
State Engineer to issue certificate giving name, etc., of appropriator. |
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Aggrieved parties may bring action.
Water Commissioner to apportion water.
County Recorders to transmit transcript of claims and County Clerks to transmit copies of all decrees affecting water rights on file in their offices and providing compensation therefor. |
as well as to the County Recorder of the county in which the waters appropriated are used, and it shall be the duty of said County Recorder, within ten days after the receipt of such certificate, to record the same in a book specially prepared and kept for that purpose, and the fee for such record shall be fixed by the Governor, and shall be allowed and paid by the Board of Examiners out of funds in the treasury applicable thereto. Sec. 14. Any party, or number of parties acting jointly, who may feel themselves aggrieved by the determination of the State Engineer, may bring an action in any Court having jurisdiction against such State Engineer and all persons having interests adverse to the party or parties bringing the action to have their respective rights determined. Such action must be brought within two years after the record of such list of priorities of appropriation has been recorded. Such action shall be tried as speedily as possible; and the Court is hereby authorized to employ a Hydraulic Engineer or other expert to examine and make report under oath upon any subject matter in controversy, the cost of such employment to be equitably apportioned by the Court and charged against the parties to the suit as costs. Sec. 15. The Water Commissioners hereafter provided shall make apportionment of the waters of such stream according to the list of priorities recorded as aforesaid, unless such list be corrected by the judgment of some Court having jurisdiction of the subject matter. Sec. 16. Within sixty days from the passage of this Act, it shall be the duty of the County Recorder in each of the counties of this State to prepare a full and complete transcript of all the claims and appropriations of water now on file in their respective offices, and to transmit the same, without delay, to the State Engineer by express or registered mail. It shall also be the duty of the Clerk of each District Court in the State, within thirty days of the passage of this Act, to transmit to the State Engineer, in like manner, certified copies of all decrees of said District Courts affecting water rights on file in the offices of the said Clerks of the said District Courts of the State. The State Engineer shall also obtain copies of all decrees of the United States Court for the District of Nevada affecting water rights. Said Recorders and said Clerks of the said State District Courts shall receive, in compensations for their services in the preparation of said transcripts and copies, twelve and one-half cents per folio, which shall be paid by the county in which such Court is situated; and the same allowance shall be made for certified copies of decrees of the United States Court for the District of Nevada, and shall be paid out of the State Treasury. Sec. 17. The State Engineer shall be a member of the State Board of Irrigation created by an Act of the Legislature of the State of Nevada, approved March 16, 1901, entitled An Act to provide for the measurement of streams, the survey of reservoir sites, the determination of irrigation possibilities, and for the best methods of controlling and utilizing the water resources of the State of Nevada in cooperation with the United States Geological Survey and the United States Department of Agriculture, and the Nevada Experiment Station. |
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An Act to provide for the measurement of streams, the survey of reservoir sites, the determination of irrigation possibilities, and for the best methods of controlling and utilizing the water resources of the State of Nevada in cooperation with the United States Geological Survey and the United States Department of Agriculture, and the Nevada Experiment Station. The said State Engineer shall be the Secretary of said Board of Irrigation and shall keep the records thereof in his office. Sec. 18. The said Board of Irrigation shall divide the State of Nevada into such water divisions or water districts as seem to it advisable, and may change the same from time to time. It may appoint Water Commissioners, whose duty it shall be to measure and divide amongst the appropriators the water of such streams according to priority of right and the amount to which each is entitled. It may make such rules and regulations as to it shall seem advisable for the proper and economical administration of the waters of such streams, and may fix penalties for the violation of such rules and regulations. Such appointment as Water Commissioners shall be made upon the recommendation of the Secretary of the Interior or the United States Geological Survey, and may include persons in the service of the United States Geological Survey; but, if after thirty days notice the Secretary of the Interior or the said Geological Survey shall fail to make such recommendation, it shall have the power to appoint such Commissioners without such recommendation. Sec. 19. The Board of Irrigation shall determine the number and compensation of the Water Commissioners appointed under this Act, and said Water Commissioners shall be and act under the direction of the State Engineer. The compensation of said Water Commissioners shall be paid, upon the approval of the Board of Irrigation, by the county in which the work of such Commissioners is performed, in the same manner as other county bills are presented and allowed. Sec. 20. Any person interfering with, obstructing or resisting the State Engineer, Assistant State Engineer, or any Water Commissioner, in the performance of his duty or duties as prescribed by this Act, or by the rules or regulations adopted by the Board of Irrigation, shall be deemed guilty of a misdemeanor. Sec. 21. The Secretary of the Interior is hereby authorized and empowered to institute proceedings in any of the Courts of the State of Nevada, for the condemnation of any rights or property deemed by him to be necessary for any of the works to be constructed by him or under his direction under the said Act of Congress of June 17, 1902, or necessary to carry out the provisions of said Act. Such proceedings shall be expidited by said Courts as rapidly as possible. Sec. 22. The sum of fifteen thousand dollars is hereby appropriated for the purpose of carrying out the provisions of this Act. |
State Engineer to be member and Secretary of State Board of Irrigation.
Powers and duties of State Board of Irrigation.
Number and compensation of Water Commissioners.
Misdemeanor.
Secretary of Interior authorized to institute proceedings. |
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Appropriation.
Repealing clause. |
appropriated for the purpose of carrying out the provisions of this Act. Sec. 23. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. |
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Auditor shall draw warrant. |
Chap. V.An Act to amend an Act entitled An Act to create a Special Jury Fund, and to regulate the disposition of certain funds, and other matters connected therewith in the County of Lincoln, approved February 28, 1899.
[Approved February 16, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section 4. Whenever there shall exist a deficiency in said Special Jury Fund the Auditor of said county shall draw his warrant for fees payable out of said Special Jury Fund, on any of the following named county funds that may be on a cash basis, to wit: The General Fund, the Contingent Fund, the Salary Fund or the Current Expense Fund, and the Treasurer of said county shall pay said warrants. The sums so drawn shall be transferred from the Special Jury Fund to the fund or funds from which they shall have been drawn whenever the Special Jury Fund shall again be upon a cash basis. When none of said funds shall be on a cash basis the Auditor shall issue a certificate of indebtedness against the Special Jury Fund, to each person entitled to be paid therefrom. |
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One witness sufficient. |
Chap. VI.An Act to amend an Act entitled An Act to regulate the settlement of the estates of deceased persons, approved March 23, 1897.
[Approved February 19, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seventeen of said Act is hereby amended so as to read as follows: Section 17. If no person shall appear to contest the probate of a will, the Court may admit it to probate on the testimony of one of the subscribing witnesses, only, if such testimony shall show that the will was executed in all particulars as required by law, and that the testator or testatrix was of sound mind at the time of its execution; provided, however, in all cases where the witness resides at a distance of more than twenty-five (25) miles from the place where said Court is held, the ex parte affidavit of said witness, showing that the will was executed in all particulars as required by law, and that the testator or testatrix was of sound mind at the time of its execution, shall be received in evidence and have the same force and effect as if the witness was present and testified orally. |
κ1903 Statutes of Nevada, Page 31 (CHAPTER 6)κ
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required by law, and that the testator or testatrix was of sound mind at the time of its execution, shall be received in evidence and have the same force and effect as if the witness was present and testified orally. |
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Chap. VII.An Act to pay the deficiencies in the appropriations for the years 1901 and 1902.
[Approved February 20, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand six hundred seventy-seven dollars and thirty-four cents ($1,674 34) is hereby appropriated out of any moneys in the General Fund of the State for the payment of deficiencies in the appropriations for the years A. D. 1901 and 1902, as follows: The Irwin-Hodson Co., $32 50; C. C. C. Gas Co., $36 20; C. E. Mack, $77 25; G. F. Talbot, $17 65; J. S. Burlingame, $66 70; Jos. Considine, $66 65; Frank Woodward, $66 65; Alfred Chartz, $200; H. G. Bath, $8; H. G. Bath, $50; H. G. Bath, $8; H. G. Bath, $50; J. M. Benton, $15; Sunset Telephone Co., $14 10; C. H. Maish, $9 25; Wells, Fargo & Co., $1 69; T. R. Hofer, Jr., P. M., $2 50; Charles Crippen, $3 75; T. R. Hofer, Jr., $22 50; T. R. Hofer, Jr., $20; T. R. Hofer, Jr., $65; T. R. Hofer, Jr., $2 50; T. R. Hofer, Jr., $10; T. R. Hofer, Jr., $32; J. M. Benton, $13 55; Western Union Telegraph Co., $4 28; Ed. J. Walsh, $26 85; Sunset Telephone Co., $14 45; C. H. Maish, $10 19; Wells, Fargo & Co., $3 12; Thaxter Drug Store, $13 75; F. W. Day, $5 45; Wm. Kaiser, $32; The Frank Golden Jewelry Co., $8; V. & T. R. R. Co., $15 70; John McCrimmon, $1 75; T. R. Hofer, Jr., $75; J. M. Benton, $10 85; Chas. Crippen, $15; Ed. J. Walsh, $8 75; Chas. Crippen, $15; Sunset Tel. Co., $14 55; J. M. Benton, $22 50; T. R. Hofer, Jr., $31; T. R. Hofer, J., $11; Sunset Telephone Co., $13 65; Wells, Fargo & Co., $12 44; Wells, Fargo & Co., $1 25; Wells, Fargo & Co., 45 cents; J. M. Benton, $24 80; T. R. Hofer, Jr., P. M., $2 50; California Institution for the Deaf, Dumb and Blind, $84 77; J. M. Benton, $23 25; Sunset Telephone Co., $14 50; Western Union Telegraph Co., $1 32; Chas. Crippen, $15; Wells, Fargo & Co., $2 39; Wells, Fargo & Co., $5 27; Sunset Telephone and Telegraph Co., $12 35; Wm. Anderson, $5 50; Chas. Crippen, $15; Western Union Telegraph Co., $1 27; J. H. Krober & Co., $6 55; T. R. Hofer, Jr., P. M., $62; T. R. Hofer, Jr., P. M., $11 50; T. R. Hofer, Jr., P. M., $4; T. R. Hofer, Jr., P. M., $8; Wells, Fargo & Co., $2 95; C. W. Friend, 75 cents; Sunset Telephone Co., $11 85; Western Union Telegraph Co., $1 80; Chas. Crippen, $15; J. M. Benton, $21 10; J. M. Benton, $18; T. R. Hofer, Jr., P. M., $4; W. R. Davis, $1 50; Bancroft, Whitney & Co., $27; Chas. Crippen, $15. |
Appropriation to pay deficiencies. |
κ1903 Statutes of Nevada, Page 32 (CHAPTER 7)κ
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Controller to draw warrant. |
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. |
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Appropriation for care G. A. R. cemetery.
Board of Examiners to allow claim upon proper proof.
Duties of Controller and Treasurer. |
Chap. VIII.An Act appropriating two hundred dollars for the watering and care of the Grand Army Cemetery at Carson City, Nevada.
[Approved February 23, 1903.]
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 not otherwise appropriated for the purpose of watering and caring for the Grand Army Cemetery at Carson City, Nevada. Sec. 2. Annually on the first Monday in September, nineteen hundred and three and nineteen hundred and four, the State Board of Examiners shall audit and allow the Post Quartermaster of the Grand Army at Carson City, Nevada, the sum of one hundred dollars, on the filing with said Board of Examiners, by the said Post Quartermaster, the claim and sworn statement that the amount had been expended as provided in Section 1 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. |
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Appropriation for copying Assembly Journal.
Secretary of State to certify. |
Chap. IX.An Act to provide for copying the Journal of the Assembly for the Twenty-first Session.
[Approved February 23, 1903.]
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 Miss Lily M. Riley for copying the Journal of the Assembly for the Twenty-first Session of the Nevada State Legislature for the State Printer. Sec. 2. Upon receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Assembly for the Twenty-first Session of the Nevada State Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Miss Lily M. Riley, named in Section 1 of this Act, for the said sum of one hundred and fifty ($150) dollars, and the State Treasurer shall pay the same. |
κ1903 Statutes of Nevada, Page 33 (CHAPTER 9)κ
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the said sum of one hundred and fifty ($150) dollars, and the State Treasurer shall pay the same. |
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Chap. X.An Act regulating the hours of employment in underground mines and smelters, and ore reduction works, and providing penalties for violation thereof.
[Approved February 23, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The period of employment of working men in all underground mines or workings shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger. Sec. 2. The period of employment of working men in smelters and in all other institutions for the reduction or refining of ores or metals shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger. Sec. 3. Any person who violates either of the preceding sections of this Act or any person, corporation, employer or his or its agent, who hires, contracts with, or causes any person to work in an underground mine or other underground workings, or in a smelter or any other institution or place for the reduction or refining of ores or metals for a period of time longer than eight (8) hours during one day unless life and property shall be in imminent danger, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars, nor more than five hundred ($500) dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment. Sec. 4. This Act shall take effect sixty days from and after it passage. |
Eight hours a days labor in underground mines. Same in smelters, etc.
Misdemeanor.
Punishment.
To take effect. |
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Chap. XI.An Act to amend Section 124 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 February 26, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 124 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, is hereby amended so as to read as follows: |
Amendment. |
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Houses of amusement licensed. |
Section 124. Any person or persons who may conduct any hurdy-gurdy house, dance house or concert saloon in this State, where women or girls are employed to dance, or to solicit the purchase by the persons visiting such house, either directly or indirectly, of any kind of liquor, or wine or cigars, or to solicit such persons so visiting to treat to any kind of liquor, wine or cigars, shall, before entering upon the conduct of such dance house, or hurdy-gurdy house, or concert saloon, take out a license, in addition to the retail liquor license, from the Sheriff of the county in which such person or persons propose to carry on such business, and pay therefor the sum of five thousand dollars for each and every three months. |
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Relief of T. V. Julien.
State Controller to draw warrant. |
Chap. XIIAn Act for the relief of T. V. Julien, ex-Justice of the Supreme Court of Nevada.
[Approved February 26, 1903.]
Whereas, T. V. Julien was duly commissioned Associate Justice of the Supreme Court of the State of Nevada, to serve out the unexpired term of Hon. W. A. Massey, resigned, and acted in the capacity of such Associate Justice from the fifteenth day of September, 1902, until the close of said term, on the first Monday of January, 1903; and Whereas, There is now due him the sum of one hundred eighty-seven ($187 50) and 50-100 dollars salary from the fifteenth day of September to the first day of October, 1902, which amount, owing to a technicality, he had upon retiring from office a delicacy in accepting; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Controller is hereby authorized and directed to deliver his warrant in favor of T. V. Julien, the same having been held on a technicality, for the sum of one hundred eighty-seven and 50-100 ($187 50) dollars, the amount due him for services as Associate Justice of the Supreme Court from September 15th to October 1, 1902, and the Treasurer is hereby authorized to pay the same. |
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Chap. XIII.An Act for the protection of workmen employed where machinery is used with collars and pulleys secured by set screws.
[Approved February 26, 1903.]
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, company or corporation, after the first day of July, nineteen hundred and three, to construct or place any shaft or shafting with collars, sleeves or pulleys over two feet in diameter attached or secured to such shaft by set screws projecting above the hub of such collars, sleeves or pulleys. |
κ1903 Statutes of Nevada, Page 35 (CHAPTER 13)κ
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and three, to construct or place any shaft or shafting with collars, sleeves or pulleys over two feet in diameter attached or secured to such shaft by set screws projecting above the hub of such collars, sleeves or pulleys. In all such cases where set screws are used, the heads thereof shall be countersunk below the surface of the hub of the collar, sleeve or pulley in which they are placed. Sec. 2. Any person or corporation who shall, after the first day of July, 1903, fail or refuse to comply with the requirements of this Act, when constructing or changing any machinery, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred nor more than five hundred dollars. Sec. 3. Nothing contained in this Act, shall be so construed as to prevent recovery in a suit for damages, for injuries sustained by the party so injured or his heirs or administrators. |
Limiting use of collars, sleeves or pulleys on shafts or shafting machinery.
Misdemeanor. |
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Chap. XIV.An Act to authorize the School Trustees of School District Number Ten (10) in the Town of Reno, Washoe County, Nevada, to sell certain school property within their district, and to purchase real estate, to be used for school house sites, and to issue bonds for school purposes, and matters relating thereto.
[Approved February 27, 1903.]
Whereas, The proposition of bonding Reno School District No. 10, in Washoe county, Nevada, in the sum of $30,000 for school purposes was on the 26th day of May, 1902, duly submitted to the qualified electors of said districts; and Whereas, The vote thereon was in the affirmative at the ratio of about 5 to 1; therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District Number 10, in the Town of Reno, Washoe county, Nevada, are hereby authorized and empowered to issue bonds on the faith and credit of said district for a sum not exceeding thirty thousand dollars in gold coin of the United States, none of which bond shall run for a period longer than twenty years from the date thereof. Sec. 2. The said bonds shall be issued for amounts of one thousand dollars each, in gold coin, and shall be sold at not less than the par value thereof, and shall bear interest at a rate not to exceed five per cent per annum, payable annually; they shall be payable to bearer, and coupons calling for each installment of interest shall be attached to each bond. They shall be numbered consecutively from one to thirty, and bonds numbered one and two shall be redeemable on the 31st day of December, 1908, and two bonds shall be redeemable on the same date annually thereafter, in consecutive order, until all of said bonds, with the interest thereon, shall have been fully paid. |
Preamble.
Board of School Trustees to issue bonds.
Amount of bonds and attendant conditions. |
κ1903 Statutes of Nevada, Page 36 (CHAPTER 14)κ
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Duties of Chairman, Clerk, and Treasurer.
Disposition of money.
Duties of Board of Commissioners relative to tax levy.
Provision regarding payment of bonds. |
shall be redeemable on the same date annually thereafter, in consecutive order, until all of said bonds, with the interest thereon, shall have been fully paid. Sec. 3. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of the said Board of Trustees, and they shall be countersigned by the County Treasurer of Washoe county. Sec. 4. All moneys received from the sale of the bonds herein provided for shall be paid into the county treasury, and the County Treasurer of Washoe county is hereby required to receive and safely keep the same in a fund to be known as School District No. 10 Building Fund, and to pay out the said money only on warrants duly signed by the said Board of Trustees, and approved by the County Superintendent of Schools of Washoe county. The County Treasurer shall be liable, on his official bond, for the safe keeping of said moneys which shall come into his hands, under the provisions of this Act, and for the faithful discharge of his duties in relation thereto. Sec. 5. For the purpose of providing for the payment of the interest on said bonds, the Board of County Commissioners of Washoe county are hereby authorized and directed, at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and three (1903), and annually thereafter, to levy upon the property of said School District such a tax as will be required to produce the amount of money necessary to pay the interest annually due upon the bonds herein provided for. The taxes so levied shall be assessed and collected in the same manner as the assessment and collection of other taxes; shall be paid into the county treasury and kept by the Treasurer in a fund to be known as School District No. Ten (10) Interest and Redemption Fund, and the money in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same become due, upon presentation and surrender by the holder of the coupon therefor. Sec. 6. To provide for the payment of the principal of the bonds herein authorized to be issued, the said Board of County Commissioners shall in the year nineteen hundred and eight (1908), and annually thereafter, to and including the year nineteen hundred and twenty-three, at the time of levying taxes for State and county purposes, and in the same manner, levy a special and additional tax upon all the property situated within said School District No. Ten (10) sufficient to raise and provide the sum of two thousand dollars each year, which shall be assessed and collected the same as other taxes, and the same shall be paid to the County Treasurer, and by him assigned to the said School District No. Ten (10) Interest and Redemption Fund, and at the maturity of the said bonds they shall be paid by the County Treasurer out of the said fund, upon the presentation and surrender of said bonds. |
κ1903 Statutes of Nevada, Page 37 (CHAPTER 14)κ
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surrender of said bonds. No interest shall be paid on said bonds after their maturity. Sec. 7. If the tax, levied as aforesaid for the redemption of said bonds, shall exceed the sum of two thousand dollars a year, whenever the aggregate amount of money so collected shall equal the full sum necessary for the redemption of all of said bonds, the tax hereby authorized for such purpose shall cease; and should there be any excess over and above the amount required to redeem all of said bonds, the same shall be transferred to the School Fund of said District Number Ten. Sec. 8. The said Board of Trustees of School District Number Ten (10) are hereby authorized and empowered to purchase two tracts of land within the town limits of the Town of Reno, one of which shall be on the south side of the Truckee river, and one of which shall be on the north side of the Truckee river, and to proceed to build thereon school buildings with necessary outhouses and appurtenances; and they are further authorized and empowered to sell at public auction for cash to the highest bidder (after ten days notice by publication of such sale) certain real estate known as the Riverside School property, situated on the northwest corner of First and Sierra streets and the South Side School property situated on South Virginia street all in Reno, Washoe County, Nevada, with or without the improvements thereon, that may, at the time of the approval of this Act, be the property of said district, and which the said Board of Trustees, or a majority thereof, may deem advisable, for the best interests of the district, to sell. The proceeds of such sale or sales shall be applied to the purchase of new school house sites; and any provisions of the general school law in conflict with the provisions of this section are hereby suspended, in so far as they conflict with the provisions of this Act; provided, that all sales and all purchases of property, as provided for in this Act, shall be subject to the approval of a board of three (3) citizens and taxpayers of the said school district, to be duly appointed for this purpose by the Judge of the Second Judicial District, and the said District Judge is hereby authorized to appoint such Board. No sale or purchase, made in accordance with the provisions of this section, shall be valid unless it receive the approval of the majority of the board so appointed. Sec. 9. The said Board of Trustees shall immediately proceed to issue the bonds herein provided for; and shall advertise in some paper published in Washoe County, Nevada, for a period of thirty days, that they will receive sealed proposals for the sale of said bonds; and the said Trustees shall sell the said bonds only to the highest bidder or bidders after due publication of said notice of sale; and when the same shall have been disposed of and the proceeds of such sale shall have been paid into the County Treasurer of Washoe county, Nevada, they shall proceed with due diligence to purchase the necessary school house sites, and erect the buildings thereon, and make the necessary improvements thereon, as a full and liberal construction of this Act will imply. |
Tax, when to cease.
Conditions attending purchase of property.
Duties of Board of School Trustees relative to issuing bonds, advertising for and purchasing property. |
κ1903 Statutes of Nevada, Page 38 (CHAPTER 14)κ
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Duties of Board of School Trustees. |
shall have been paid into the County Treasurer of Washoe county, Nevada, they shall proceed with due diligence to purchase the necessary school house sites, and erect the buildings thereon, and make the necessary improvements thereon, as a full and liberal construction of this Act will imply. That the Board of Trustees be authorized to appoint a competent supervising architect or builder, at a remuneration not to exceed for full service during construction of building, the sum of one and one-half per cent of the estimated cost of construction of such building. No person shall be eligible to the position of supervising architect, who is in any manner related to the Board of Trustees or contractor or builder. |
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Defining boundaries of western portion of Nevada.
Repealing clause. Date of effect. |
Chap. XV.An Act to define and establish a portion of the western boundary of the State of Nevada.
[Approved February 27, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That portion of the western boundary line of the State of Nevada southeastward from Lake Tahoe, and extending to the southwesterly corner of said State of Nevada, that is to say: Southeastward from the intersection of the thirty-ninth degree of north latitude with the one hundred and twentieth degree of longitude west from Greenwich to the southwesterly corner of said State of Nevada, as lately surveyed, established and marked by the United States Coast and Geodetic Survey, completed during the year 1900, and now recognized by the State of California, is hereby declared to be the true, correct and legal boundary line of the State of Nevada, between Lake Tahoe and the southwesterly corner of the State of Nevada, and the said line as surveyed, established and marked aforesaid shall now and hereafter be recognized and considered by the Courts of this State as the boundary of this State between the two said points Sec. 2. All Acts and parts of Acts inconsistent with this Act are hereby repealed. Sec. 3. This Act shall take effect and be in force from and after its passage. |
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Misdemeanor to give false alarm of fire. |
Chap. XVI.An Act making it a misdemeanor to give false alarms of fire.
[Approved March 4, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be a misdemeanor for any person or persons intentionally to give or cause to be given or turn in or cause to be turned in any false alarm of fire, in any city, town or community in the State of Nevada. |
κ1903 Statutes of Nevada, Page 39 (CHAPTER 16)κ
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or cause to be turned in any false alarm of fire, in any city, town or community in the State of Nevada. Sec. 2. Section 1 of this Act shall not be construed to apply to alarms given for practice by any Chief of a Fire Department or by any other person properly authorized to give such alarms, nor to alarms given by any person to attract attention of police, firemen or people to acts of violence, disorder or menace. Sec. 3. For each and every offense committed under the provisions of this Act, the person or persons so offending shall be punished by a fine of not to exceed one hundred ($100) dollars, or imprisonment in the county jail for a period of not to exceed fifty days. Sec. 4. This Act shall take effect from and after its passage. |
Construction of Act.
Punishment.
Date of effect. |
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Chap. XVII.An Act repealing an Act entitled An Act authorizing and empowering the Board of Commissioners for the Care of the Insane for 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.
[Approved March 4, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Act entitled 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, is hereby repealed. Sec. 2. This Act shall take effect immediately. |
Repeal of Act granting S. P. R. R. right of way through Asylum tract.
Date of effect. |
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Chap. XVIII.An Act reapportioning Senators and Assemblymen of the several counties to the Legislature of the State of Nevada.
[Approved March 4, 1903.]
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. |
Apportionment of Senators and Assemblymen. |
κ1903 Statutes of Nevada, Page 40 (CHAPTER 18)κ
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Apportionment of Senators and 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 three Assemblymen. 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. |
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Duty of Inspector with reference to apiaries and destruction of infected hives. |
Chap. XIX.An Act to amend sections three, four, and five of an Act entitled 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.
[Approved March 4, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of the above entitled Act is hereby amended so as to read as follows: Section 3. It shall be the duty of such Inspector to inspect all the apiaries within the county once each year between the first day of April and the first day of September, and if the disease known as foul brood is found to exist in any apiary the Inspector shall notify the person in charge thereof and allow him to treat the infected colonies by what is known as the McAvoy method, which shall consist of the following treatment: The person in charge shall within ten days, after having been notified by the Inspector, transfer the colonies so infected into clean hives free from all comb, brood, honey or wax; and if foundation is used for starters, such starters shall not exced one-half inch in width. He shall within not less than four, and not later than seven days from the time of such transfer, again transfer the same colonies in like manner. He shall within not less than three days, and not more than seven days from the time of the second transfer, again transfer the same colonies in like manner, except that he may use full sheets of foundation. All comb from such diseased colonies shall be immediately reduced to wax, and all honey, cocoons and refuse from such colonies shall be destroyed by burning the same. All hives, frames, and fixtures, in and upon which such bees have been kept shall be thoroughly renovated by boiling in hot water. The rendering of all wax and the burning of all honey, cocoons and refuse shall be done within a building properly arranged to exclude the bees therefrom. |
κ1903 Statutes of Nevada, Page 41 (CHAPTER 19)κ
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Sec. 2. Section four of the above entitled Act is hereby amended so as to read as follows: Section 4. If any person in charge of an apiary after having been notified by the Inspector shall fail to treat such colonies by the McAvoy method within the specified time, it shall then be the duty of the Inspector to immediately proceed to such apiary and destroy all hives so infected together with the combs and bees thereon by burning the same. Sec. 3. Section five of the above entitled Act is hereby amended so as to read as follows: Section 5. It shall be unlawful for any person to keep bees in any other than a movable frame hive. It shall be unlawful for any person to feed, or allow exposed in any place where bees may attain access thereto, except in the hives where bees are kept, any honey, either comb, extracted, broken, strained or of any other kind. It shall be unlawful for any person to sell or offer for sale any honey from a colony infected with foul brood. Any person failing to comply with the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine for the first offense of not less than twenty-five dollars, nor more than fifty dollars, and for each subsequent offense not less than fifty dollars nor more than one hundred dollars. |
Inspector to destroy all hives infected.
Violation of Act a misdemeanor. |
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Chap. XX.An Act to amend an Act entitled An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869.
[Approved March 4, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four hundred and seventy-five of said Act is hereby amended so as to read as follows: Section 475. Costs shall be allowed of course to the plaintiff upon a judgment in his favor, in the following cases: 1-In an action for the recovery of real property; 2-In an action to recover the possession of personal property, where the value of the property amounts to three hundred dollars or over; such value shall be determined by the jury, court or referee by whom the action is tried; 3-In an action for the recovery of money or damages, where plaintiff recovers three hundred dollars or over; 4-In a special proceeding; 5-In an action which involves the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, including the costs accrued in such action if originally commenced in a Justice Court. |
Costs in civil cases, when and how allowed. |
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Relating to salaries of county officers in Nye county.
Repealing clause. |
Chap. XXI.An Act regulating the compensation of county officers in Nye County, in the State of Nevada.
[Approved March 4, 1903.]
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 county officers of Nye county, State of Nevada, named in this Act, shall receive the following salaries and fees in full compensation for their services: The Sheriff shall receive eight hundred ($800) dollars per annum and such fees as are now allowed by law. The Deputy Sheriff shall receive twelve hundred ($1,200) dollars per annum. The County Clerk shall receive six hundred ($600) dollars per annum, and such fees as are now allowed by law. The Recorder and ex officio Auditor shall receive nine hundred ($900) dollars per annum, and such fees as are now allowed by law. The Treasurer shall receive twelve hundred ($1,200) dollars per annum. The District Attorney and ex officio Superintendent of Public Schools shall receive fifteen hundred ($1,500) dollars per annum, and such fees as are now allowed by law. The County Commissioners shall each receive three hundred ($300) dollars per annum, and mileage at the rate of twenty cents (20c) per mile in going to, and returning from the county seat when upon regular attendance of the Board of County Commissioners. Sec. 2. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Willingness of Andrew Carnegie to provide a donation for free public library in Town of Reno and acceptance of same expressed. |
Chap. XXII.An Act to provide a site for a Free Public Library building in the Town of Reno.
[Approved March 4, 1903.]
Whereas, In pursuance of and in compliance with the provisions of that certain Act of the Legislature of this State, entitled An Act to provide for free public libraries, and other matters relating thereto, approved March 16, 1895, as amended March 1, 1897, as amended March 2, 1901, as amended March 20, 1901, a free public library has been established for Reno School District No. 10 in Washoe county, which district includes the Town of Reno; Whereas, Andrew Carnegie has signified a willingness to give to said Town of Reno the sum of fifteen thousand dollars for the erection of a free public library building under conditions which include the providing of a suitable site; and Whereas, The people of said Town of Reno, in public meeting assembled, have expressed their desire that said public library be built upon the plaza, hereinafter described; now, therefore, |
κ1903 Statutes of Nevada, Page 43 (CHAPTER 22)κ
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meeting assembled, have expressed their desire that said public library be built upon the plaza, hereinafter described; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That that portion of the public plaza of the Town of Reno, Washoe county, Nevada, which is described as follows, to wit: Beginning at a point in the north line of Mill street, and distant thereon one hundred and eighty (180) feet easterly from the westerly line of Virginia street (said point of beginning being the southwest corner of Block 5 of Lakes Addition to Reno), and running thence westerly along the north line of Mill street produced fifty (50) feet; thence northeasterly along the arc of a circle of fifty foot radius, tangent to the last-named course, seventy-eight and one-half (78.5) feet, thence northerly and parallel to the westerly line of Virginia street one hundred and twenty-five (125) feet, more or less, to the bank of the Truckee river, thence easterly along the bank of the Truckee river one hundred (100) feet, more or less, to the easterly line of Block 5, or to the said westerly line produced, thence southerly along the westerly line of Block 5 (and said line produced) one hundred and eighty (180) feet, more or less, to the place of beginning; is hereby set apart and dedicated to the public as a site for a free public library building and for library purposes. Sec. 2. The library building to be erected on said lot shall not be placed nearer than eighty feet from the south line thereof, but the remaining portion of said lot, not covered by the library building, shall be improved and beautified, as the Board of Library Trustees shall determine; provided, that the expense of such beautifying and improving of the said remaining portion of such lot shall be paid by the general town, or city, government of said Town of Reno. Sec. 3. The lot of land in this Act mentioned and described shall hereafter be under the exclusive control, management and possession of the Board of Library Trustees of Reno School District No 10, of Washoe county, appointed under the provisions of that certain Act of the Legislature of this State entitled An Act to provide for free public libraries, and other matters relating thereto, approved March 16, 1895, as amended March 1, 1897, as amended March 2, 1901, as amended March 20, 1901. |
Description of land for building of library structure.
Beautification of land dedicated.
Control of land to be in Library Trustees. |
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κ1903 Statutes of Nevada, Page 44κ
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Employment of stenographer.
Report of examination to be admitted, when.
Compensation of stenographer.
Date of effect of Act and conditions of same. |
Chap. XXIII.An Act to provide for the appointment of stenographers upon the hearing of criminal cases in Courts of Justice of this State, and to regulate the compensation therefor.
[Approved March 5, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all criminal proceedings before any Court of Justice in this State, where the defendant, or defendants, are charged with the crime of felony, the District Judge of the Judicial District in which said Court is situated, if he deems it necessary for the best interests of justice, is hereby authorized to employ a stenographer, to take down all the testimony and the proceedings of the said trial or hearing, and within such time as the Court may designate, have the same transcribed into longhand or typewritten transcript. The stenographer employed as aforesaid shall be sworn by the Judge or magistrate before whom the proceedings are held, to take down in shorthand, verbatim, truthfully and correctly, such proceedings and testimony, and to make a true and correct transcript of the same into longhand or typewritten transcript; and said stenographer shall make affidavit before some official qualified to administer an oath that the evidence and proceedings so transcribed are true and correct as given and had, and attach the same to the transcript. Sec. 2. When such report is made of a preliminary examination, the same, when transcribed and sworn to as aforesaid, shall be deemed a correct statement of the evidence and proceedings given and had therein, and shall be admissible in evidence on the trial of the case as prescribed in Section 151 of the Criminal Practice Act of the State of Nevada (Comp. Laws, Sec. 4121, Cutting Comp.) Sec. 3. The compensation for the said stenographer for taking down the said testimony and transcribing the same shall be fixed by the Court hearing the trial or proceeding, and, on order of the Court, be paid out of the treasury of the county in which the case is tried. Sec. 4. This Act shall take effect immediately, but nothing contained herein shall be construed to affect any Judicial District in which an official stenographer has already been appointed, and the provisions of An Act providing for the appointment of a Court Stenographer in the Second Judicial District of this State, approved March 14, 1899, are hereby specially excepted from the provisions of this Act. |
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Chap. XXIV.An Act to prevent wilful and malicious poisoning of dogs by persons not owning the same.
[Approved March 5, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who shall wilfully and maliciously administer any poison to, or expose any poisonous substance with the intent that the same shall be taken or swallowed by any dog, either of the male or female kind, belonging to another, shall be deemed guilty of a misdemeanor and, on conviction, be punished by imprisonment in the county jail for a term of not less than two months nor exceeding six months, or by a fine of not less than two hundred dollars nor exceeding five hundred dollars, or by both such fine and imprisonment. |
Poisoning of dogs a misdemeanor. |
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Chap. XXV.An Act to prohibit the rebating, refunding, repayment, payment, or division of salaries allowed by law to deputies or attaches of the State, County or Municipal Government.
[Approved March 5, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any State, county or municipal officer to offer or agree to appoint, or for any person whomsoever to offer to procure, or to offer to aid in procuring, the appointment of any deputy officer or attache of the State, county or municipal government of this State, for any consideration contemplating any division or rebate of the salary of such deputy or attache during his term of office, or for any monetary or other valuable consideration whatsoever, or, after such appointment is made, to receive or to accept any portion of the salary of such deputy or attache, or to receive any money or other valuable reward whatsoever, as a consideration for retaining such deputy or attache, or as a consideration for procuring, or for aid in obtaining the procuring of, the retention of such deputy or attache in any position to which he may be or shall have been appointed, or for any purpose whatsoever except in payment of a bona fide debt as hereinafter provided. Sec. 2. It shall be unlawful for any deputy officer or attache of the State, county or municipal government of this State to rebate, refund, pay or divide, to or with his principal or to or with any person whomsoever, any part or portion of his salary or compensation now fixed, or that may hereafter be fixed or established, by law, as a consideration either for the making or for the procuring of such appointment, or for aid in procuring the same, or for the retention, or for the procuring or aid in procuring the retention, of such an appointment as deputy or attache, or to make any division or payment out of his salary to this end, except in payment of a bona fide debt as hereinafter provided. |
Regarding relations of principal and deputy as to salary.
Bona fide debt except as to principal and deputy. |
κ1903 Statutes of Nevada, Page 46 (CHAPTER 25)κ
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Reference to civil action.
Misdemeanor. |
the making or for the procuring of such appointment, or for aid in procuring the same, or for the retention, or for the procuring or aid in procuring the retention, of such an appointment as deputy or attache, or to make any division or payment out of his salary to this end, except in payment of a bona fide debt as hereinafter provided. Sec. 3. Nothing in this Act shall be construed to relieve any deputy officer or attache from the payment of a bona fide debt, contracted for value received, for which a civil action would lie in a court of law, or to prevent such deputy officer or attache from paying the same out of his salary. Sec. 4. Any person violating any of the provisions of this Act shall, upon conviction in any court of competent jurisdiction, be deemed guilty of bribery, shall be disqualified from holding any office of honor, trust or profit in this State, and shall be punished by a fine of not less than one thousand ($1,000) nor more than five thousand ($5,000) dollars, or by imprisonment in the State Prison for a term not less than one (1) nor more than seven (7) years, or by both such fine and imprisonment. |
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Ratification of deed.
Date of effect |
Chap. XXVI.An Act ratifying and confirming a deed executed by the Commissioners for the Care of the Indigent Insane of the State of Nevada to the Central Pacific Railway Company, and the acceptance on behalf of the State of Nevada by said Commissioners of a certain deed executed to said State by the Central Pacific Railway Company.
[Approved March 5, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The action for the Board of Commissioners for the Care of the Indigent Insane of the State of Nevada, in making on behalf of said State to the Central Pacific Railway Company a deed dated March 8, 1902, of certain land within the so-called Asylum Tract in Washoe county, Nevada, which said deed is recorded in Book 22 of Deeds at page 481 thereof of the records of said county, and in accepting on behalf of said State, and as a consideration therefor a deed of certain lands made and executed by said Central Pacific Railway Company to the State of Nevada, dated March 11, 1902, and recorded March 17, 1902, in Book 22 of Deeds at page 474 thereof of the records of said Washoe county, to which record of said deeds reference is hereby made for further particulars, is hereby ratified, approved and confirmed. Sec. 2. This Act shall take effect immediately. |
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Chap. XXVII.An Act to remove the county seat of Churchill County from the Town of Stillwater to the Town of Fallon.
[Approved March 5, 1903.]
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, A. D. one thousand nine hundred and four, the county seat of Churchill county shall be located at the Town of Fallon in said county. Sec. 2. The Board of County Commissioners are hereby authorized and directed to acquire for said Churchill county, by purchase or otherwise, a suitable lot or tract of land in the Town of Fallon, and to cause to be erected thereon, prior to the first day of January, nineteen hundred and four, a Court House and jail, together with such other out-buildings and fences as may be necessary for the accommodation of officers and protection of the county property; provided, that the aggregate cost of such land and buildings shall not exceed the sum of eight thousand dollars. Sec. 3. It shall be the duty of the officers of said county, who are required by law to keep their offices at the county seat, to remove the same to the said Town of Fallon, on the week preceding the first Monday in January, one thousand nine hundred and four. Sec. 4. The County Commissioners of Churchill county shall provide for the removal of the archives and other movable property belonging to said county to the said Town of Fallon, and shall have power to sell and convey any real or immovable property situated in the Town of Stillwater belonging to said County of Churchill, and shall pay the proceeds of such sales into the General Fund of the county. All expense incurred in carrying into effect the provisions of this Act shall be paid out of any moneys in the General Fund of the county. |
Location of county seat.
Board of Commissioners empowered to acquire land and construct premises.
Officers to keep offices at Fallon.
County Commissioners to provide for expense of removal of books, etc. |
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Chap. XXVIII.An Act in relation to herding, grazing and driving sheep.
[Approved March 5, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is not lawful for any person owning or having charge of sheep, to herd the same, or permit them to be herded, on the land or possessory claims of other persons, or to herd the same or permit them to graze within one mile of the bona fide home or bona fide ranch house; provided, that nothing in this Act shall be so construed as to prevent sheep being driven along any public highway, or as near thereto, as may be necessary therefor; provided, further, that the word highway as used herein shall be so construed as to permit the driving of sheep herded closely together, steadily, quickly and continuously by the most direct passable route from one range to another, but in no case shall this last provision be construed so as to conflict with the former provisions of this section; provided, that nothing in this Act shall prevent the owner from herding or grazing on his own land. |
Limitations as to herding and grazing of sheep. |
κ1903 Statutes of Nevada, Page 48 (CHAPTER 28)κ
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Owner liable for violation of terms of this Act.
Sheep, when treated as estrays. |
as may be necessary therefor; provided, further, that the word highway as used herein shall be so construed as to permit the driving of sheep herded closely together, steadily, quickly and continuously by the most direct passable route from one range to another, but in no case shall this last provision be construed so as to conflict with the former provisions of this section; provided, that nothing in this Act shall prevent the owner from herding or grazing on his own land. Sec. 2. The owner or the agent of such owner of sheep violating the provisions of the last section is liable to the parties injured for all damages sustained; and, if the trespass be repeated, is liable to the party injured for the second and every subsequent offense in double the amount of damages sustained. But no person shall be liable for damages under this Act for grazing sheep on the public domain, within one mile of his own land. Sec. 3. When the owner or the agent of such owner of sheep found trespassing upon the land or possessory claims of another, or within one mile of the bona fide home or bona fide ranch house, is unknown to the party injured by such trespass, all sheep so trespassing shall be treated as estrays. |
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To unite contiguous school districts.
Transfer of children and apportionment of money, how effected. |
Chap. XXIX.An Act to amend section one of an Act entitled An Act to amend an Act entitled An Act to provide for the maintenance and supervision of the public schools, approved March 20, 1865, approved March 20, 1891.
[Approved March 6, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty of said Act is hereby amended so as to read as follows: Section 30. The School Trustees shall also have power: First-To unite two contiguous school districts in the same county or in adjoining counties, and to establish a union school, to be supported out of the funds belonging to their respective districts, and a school thus established shall be governed by a joint board composed of the Trustees of the combining districts. Second-To make arrangements with the Trustees of any adjoining district for the attendance of such children in the school of either district as may be best accommodated therein, and to transfer the school moneys due by apportionment to such children to the district in which they may attend school. The School Trustees of any district shall transfer to an adjoining district any child, together with all school moneys due by apportionment to such child, whenever the parent or guardian shall present a written request, accompanied by a written permit from the Board of School Trustees of the adjoining district. |
κ1903 Statutes of Nevada, Page 49 (CHAPTER 29)κ
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mit from the Board of School Trustees of the adjoining district. Sec. 2. The Trustees of both districts which may constitute [consolidate], under the provisions of this Act, shall mutually agree to the admission of children transferred from one district to another. Sec. 3. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. Sec. 4. This Act shall take effect on and after its approval. |
Admission of children transferred.
Acts repealed.
Date of effect |
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Chap. XXX.An Act to prohibit the disposal of intoxicating liquors, drugs, or other intoxicating substances to Indians.
[Approved March 6, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. After the passage of this Act it shall be unlawful for any person to sell, barter, give or in any manner dispose of any ardent, spirituous or malt liquors, or any intoxicating liquors, liquids, drug or substance, whatsoever, to any Indian within this State; and any such person or persons so unlawfully disposing of such intoxicants, within this State, to an Indian who is not a ward of the Government of the United States shall be deemed guilty of a felony, and upon due conviction thereof, before any Court of competent jurisdiction, shall be fined in any sum not less than five hundred dollars, nor more than one thousand dollars, or be imprisoned in the State Prison of the State of Nevada, for a term not less than one year nor more than five years, or by both such fine and imprisonment, in the discretion of the Court. Sec. 2. Any person or persons who shall, within this State, so unlawfully dispose of any such intoxicants, as set forth in section one of this Act, to any Indian who shall be a ward of the Government of the United States, and for which offense the Government has enacted, or may hereafter enact, laws against, with punishments therefor, may be arrested by any qualified officer of this State (county, township, or city), and delivered to the United States authorities, for punishment under the laws of the United States. Upon such arrest, the arresting officer shall immediately notify the nearest proper United States official (United States Commissioner, United States District Attorney, or United States Marshal, for the District of Nevada) that such offense has been committed, and that the offender has been so arrested, and shall request such United States officials, so notified, to take charge of such offender, to be prosecuted under the laws of the United States. Such arresting officer shall hold and detain, or cause to be held and detained, such offender, in the same manner as holding and detaining other offenders against the laws of the State or city, for a reasonable length of time, to enable the authorities of the United States to respond to such notification and request, and to take charge of the offender; and upon request of a proper United States official, the State or local authority having him in charge shall at once deliver the offender into the custody of such United States official, to be proceeded against under the laws of the United States, and shall furnish him with all information and evidence he may possess for the prosecution of the offender. |
Felony to provide Indian with liquor.
Violation of this law to be reported to Federal authorities, and method of prosecution. |
κ1903 Statutes of Nevada, Page 50 (CHAPTER 30)κ
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Valuation to be reported.
Fees of officers making arrest.
Date of effect |
ers against the laws of the State or city, for a reasonable length of time, to enable the authorities of the United States to respond to such notification and request, and to take charge of the offender; and upon request of a proper United States official, the State or local authority having him in charge shall at once deliver the offender into the custody of such United States official, to be proceeded against under the laws of the United States, and shall furnish him with all information and evidence he may possess for the prosecution of the offender. The term ward of the Government of the United States, for the purposes of this Act, shall be construed to mean any Indian over whose tribe or person the Government of the United States assumes any superintendency, guardianship or wardship, whether the same arises from Government Indian Reservation, holding lands in allotment, or from any other cause. Sec. 3. The holding of such offender to answer before a United States Court, by a proper United States authority, or the conviction of such offender in a United States Court, shall be considered sufficient warrant for his arrest and detention by such State or local officer or officers, and upon and after such holding to answer, or conviction, such State or local officer or officers, making and causing such arrest and detention of such offenders set forth in section two of this Act shall be entitled to receive from the county wherein such offense was committed the same fees, in the same manner, for such arrest and all actual expenses, which he or they necessarily incur in such arrest and detention, as he or they would receive under the State laws, were such offender to be prosecuted under the laws of the State. All of which fees and expenses may be included in his or their usual bills presented against the county for official services. Sec. 4. This Act shall take effect upon and after its passage; and all Acts and parts of Acts in conflict with this Act are hereby repealed. |
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Instructions of Judge to grand juries. |
Chap. XXXI.An Act to amend section one of an Act entitled An Act concerning the duties of District Judges in the State, approved February 23, 1901.
[Approved March 6, 1903.]
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 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, also to give in charge to said grand juries, the full text of the Statutes of this State in reference to the record of births, deaths and marriages. |
κ1903 Statutes of Nevada, Page 51 (CHAPTER 31)κ
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and highways, also to give in charge to said grand juries, the full text of the Statutes of this State in reference to the record of births, deaths and marriages. Sec. 2. This Act to take effect and be in force from and after its approval. |
Date of effect |
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Chap. XXXII.An Act entitled An Act to amend sections five and twelve of an Act entitled An Act to secure liens to mechanics and others, and to repeal all other Acts in relation thereto, approved March 2, 1875.
[Approved March 6, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above entitled Act is amended so as to read as follows: Section 5. Every original contractor, within sixty days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this chapter, must, within fifty days, after the completion of any building, improvement, or structure, or after the completion of the alteration or repair thereof, or performance of any labor in a mining claim, file for record, with the County Recorder of the county in which the property or some part thereof is situated, a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed or to whom he furnished the material, with a statement of the terms, time given, and conditions of his contract, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of himself or of some other person. Sec. 2. Section twelve of the above entitled Act is hereby amended so as to read as follows: Section 12. Any number of persons claiming liens against the same property may join in the same action; and when separate actions are commenced, the Court may consolidate them. The Court shall also allow, as part of the costs, the money paid for filing and recording the lien, and reasonable attorneys fees. Sec. 3. All Acts and parts of Acts in conflict with the above are hereby repealed. |
Statement to be filed.
Verification of statement.
Consolidation of liens.
Repealing clause. |
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κ1903 Statutes of Nevada, Page 52κ
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Defining perjury and subornation of perjury.
Punishment.
Repealing clause. |
Chap. XXXIII.An Act entitled An Act to amend an Act entitled An Act concerning crimes and punishments, approved November 26, 1861.
[Approved March 6, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 90 of the above entitled Act is hereby amended so as to read as follows: Section 90. Every person having taken a lawful oath, or made affirmation in a judicial proceeding, or in any other matter where, by law, an oath or affirmation is required, who shall willfully and corruptly make an unqualified statement of that which he does not know to be true, or who shall swear or affirm willfully, corruptly and falsely, in a matter material to the issue or point in question, or who shall suborn any other person to make such unqualified statement, or to swear or affirm, as aforesaid, shall be deemed guilty of perjury, or subornation of perjury (as the case may be), and, upon conviction thereof, shall be punished by imprisonment in the State Prison for any term not less than one or more than fourteen years. Sec. 2. All Acts or parts of Acts in conflict with the above are hereby repealed. |
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Commissioners of county to employ persons to collect and forward exhibits.
Duties of collectors.
Commissioners to order payment of expense. |
Chap. XXXIV.An Act to encourage the exhibition of Nevada products.
[Approved March 6, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever the State of Nevada by Act of Legislature shall have decided to make a State exhibit at any exposition, the various counties may, for the purpose of more efficiently representing their resources and products, by order of their respective County Commissioners, employ some person or persons to collect county exhibits and forward the same pursuant to instructions from the State Board of Commissioners of such exposition. Sec. 2. All collectors acting under authorization of County Commissioners, shall collect and mark each and all samples in accordance with such instructions from the State Board as may be necessary to secure clearness and uniformity of system in the State exhibit. Sec. 3. The Commissioners of each county may order the payment of such expenses as may be incurred in collecting such exhibit out of any available fund. Sec. 4. The Commissioners may, for the purpose of illustrating, exhibiting and advertising the resources of their counties, maintain permanent exhibits at suitable places either in this State or elsewhere, provided that they shall not expend for the maintenance of such permanent exhibit more than twenty-five dollars in any one month. |
κ1903 Statutes of Nevada, Page 53 (CHAPTER 34)κ
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either in this State or elsewhere, provided that they shall not expend for the maintenance of such permanent exhibit more than twenty-five dollars in any one month. Nothing in this section shall be so construed as to conflict in any way with sections one, two or three. |
Commissioners may maintain permanent exhibits. |
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Chap. XXXV.An Act to grant a franchise right of way for a railroad to extend from Reno, Washoe County, Nevada, and from the Truckee River to the Pyramid Lake Indian Reservation.
[Approved March 6, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A franchise right of way two hundred feet wide is hereby granted to R. W. Parry, Charles B. Hill, H. L. Cowles, Franklin Leonard, Jr., and William M. Earl, their grantees, assigns, or successors in interest, upon which to construct, lay down, maintain, and operate a railroad extending from the Town of Reno, Washoe county, Nevada, through township nineteen north, range nineteen east, townships twenty, twenty-one, twenty-two, and twenty-three north, range twenty east, and township twenty-three north, range twenty-one east, Mount Diablo base and meridian, to or at the nearest available point upon the Pyramid Lake Indian Reservation boundary line adjacent to the common section corner of sections two, three, ten and eleven of township twenty-three north, range twenty-one east, Mount Diablo base and meridian, and also for a spur railroad extending from the most convenient point upon the Truckee river in township nineteen north, range twenty east, Mount Diablo base and meridian, to a junction with the foregoing mentioned right of way at the most convenient point thereof in township twenty north, range twenty east, Mount Diablo base and meridian, and traversing between said terminals the most feasible and practicable course, together with proper and necessary switches, turnouts, and turntables along the entire route thereof, and to operate cars thereon for the transportation of passengers and freight. Sec. 2. The owners or owner of said railroad shall keep those portions of the street, streets, road or roads occupied by the said railroad track in good repair, so as not to interfere with the passage of persons or vehicles. Sec. 3. The franchise and privilege hereby granted shall continue for the period of fifty years from and after the passage of this Act; provided, that the grantees herein, or their successors in interest, shall commence the construction of said railroad on or before five years after the date of the passage of this Act, and shall with reasonable diligence continue said construction until the completion of said railroad. |
Granting right of way for railway to Pyramid Lake Reservation.
Defining course of route.
Owners to keep in repair.
Period of existence of franchise. |
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κ1903 Statutes of Nevada, Page 54κ
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Salary of Sheriff of Churchill county.
County recorder.
County Clerk and ex officio Clerk Board of Commissioners.
County Treasurer.
County Assessor.
District Attorney. Ex officio Superintendent of Public Schools. County Commissioners. Relative to deputies.
Salaries, when paid. Duty of County Auditor. Treasurer to pay warrant. Repealing clause. |
Chap. XXXVI.An Act fixing the salaries and compensation of the officers of Churchill County.
[Approved March 6, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first day of April, 1903, the Sheriff of Churchill county shall receive the sum of seven hundred dollars per annum, and such fees as are allowed by law in civil cases, which shall be compensation in full for all services rendered. Sec. 2. The County Recorder, and as ex officio Auditor, shall receive the sum of nine hundred ($900) dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the county treasury each month all moneys collected by him as fees. The County Clerk, and as ex officio Clerk of the Board of County Commissioners, shall receive the sum of six hundred ($600) dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the county treasury each month all money collected by him as fees. The County Treasurer shall receive the sum of eight hundred ($800) dollars per annum. The County Assessor shall receive the sum of six hundred ($600) dollars per annum, which shall be compensation in full for all services rendered by him or his deputy. The District Attorney shall receive the sum of six hundred ($600) dollars per annum, and he shall also receive the sum of one hundred ($100) dollars per annum as ex officio Superintendent of Public Schools. Sec. 3. The County Commissioners shall each receive the sum of four hundred ($400) dollars per annum, which shall be compensation in full for all services rendered. Sec. 4. No allowance shall be made by the Board of County Commissioners for the compensation of any deputy or deputies for any of the officers named in this Act, except as herein expressly provided. Sec. 5. All salaries herein provided for, and not otherwise payable, shall be payable quarterly in four equal installments. The County Auditor shall on the first Monday of January, April, July and October draw his warrant on the Salary Fund in favor of each of the officers named herein, for the salary due said officer for the last preceding quarter, and the County Treasurer shall pay said warrant out of said fund. Sec. 6. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
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κ1903 Statutes of Nevada, Page 55κ
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Chap. XXXVII.An Act regulating the hours of labor on all public and municipal works, and providing a penalty for violation thereof.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On public works, all works or undertakings carried on or aided by the State, county or municipal governments, eight hours shall constitute a days labor. Sec. 2. Any violation of the provisions of this Act shall cause a forfeiture to the contractor or contractors of any contract on such public, State, county or municipal government work and a further penalty of a fine of fifty ($50) dollars for each and every man so employed; provided, nothing in this Act shall be so construed as to prevent the preservation or protection of public property in case of emergency. Sec. 3. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Eight hours constitute a days labor. Violation of Act creates forfeiture.
Repealing clause. |
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Chap. XXXVIII.An Act to amend an Act entitled An Act providing for the government of the towns and cities of this State, approved February 26, 1881; approved February 25, 1889.
[Approved March 9, 1903.]
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 1. In addition to the powers and jurisdiction conferred by other laws, the Boards of County Commissioners of this State shall have the following with regard to the management of the affairs and business of any town or city in their respective counties: First-To fix and define the boundary of such town or city within which the jurisdiction herein conferred shall be exercised; provided, that in the case of any disincorporated town or city the boundaries shall be fixed at the time of such disincorporation, but any change of such boundaries may be made by the Board upon petition of a majority of the taxpayers thereof. Second-To institute and maintain any suit or suits in any court or courts necessary, in their judgment, to enforce and maintain any right or rights of said town or cities. All such suits shall be instituted and prosecuted in the name of the Board of County Commissioners for the use and benefit of the inhabitants of said town or city, and shall be entitled accordingly in all pleadings or proceedings. |
Powers of Commissioners.
Boundaries.
Suits. |
κ1903 Statutes of Nevada, Page 56 (CHAPTER 38)κ
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Tax levy.
To lay out streets.
May condemn property.
Fire regulations.
Storage of combustibles
Nuisances.
License tax. |
Third-To levy a tax not exceeding one and one-half per cent per annum upon the assessed value of all real and personal property (including proceeds of mines), situated in said town or city, made taxable by law for State and county purposes. Fourth-To lay out, extend and alter the streets and alleys in said town or city, and provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same; also, to provide 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 said town or city; provided, that said Board may, in its discretion, assess the cost of improving any street or building, or repairing a sidewalk, to the owner or owners of the property in front of which said street, or sidewalk, or proposed sidewalk may be, and may make such cost of improvement, repairs or building, a lien upon such property. Fifth-To condemn property for the use of the inhabitants of said town or city in the manner hereinafter provided. Sixth-To provide for the prevention and extinguishment of fires, and organize, regulate, establish and disband fire companies or fire departments in said city or town, and to provide for the payment thereof and appointment and payment of officers thereto; provided, that all such payments shall be made from the separate fund of the city or town where service is performed or required: and provided further, that the Chief Engineer of the Fire Department shall receive compensation in a sum not to exceed one hundred and fifty ($150) dollars per month; the Assistant Chief Engineer of the Fire Department not to exceed one hundred and twenty-five ($125) per month, and all other employees of the Fire Department not to exceed one hundred ($100) per month; and further provided, that a majority of the Board of County Commissioners shall name and appoint two-thirds of all such officers and employees, and the minority thereof shall name and appoint one-third. Seventh-To regulate the storage of gunpowder and other explosive or combustible materials within said town or city. Eighth-To determine what shall be deemed nuisances in such town or city, and to provide for the punishment, prevention and removal of the same. Ninth-To fix and collect a license tax upon and regulate all places of business and amusement so licensed as follows, to wit: Artisans, artists, assayers, auctioneers, bakers, bankers, barbers, billiard tables, boiler makers, boot and shoe makers, bowling alleys, brokers, factors and general agents, commission merchants, circus, caravan or menagerie, concerts and other exhibitions, dance houses, saloons or cellars, express and freight companies, foundries, gaming, hawkers, and peddlers, hay yards, wagon yards and corrals, hotels, boarding houses and lodging houses, illumination gas, electric light, insurance agents, |
κ1903 Statutes of Nevada, Page 57 (CHAPTER 38)κ
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agents, job wagons, carts and drays, laundries, livery and sale stables, lumber yards, manufacturing of liquors and other beverages, manufacturers of soap, soda, borax, or glue, markets, merchants and traders, newspaper publishers, pawnbrokers, restaurants and refreshment saloons, bar-rooms, shooting galleries, skating rinks, solicitors, drummers, mercantile agents, stage and omnibuses, stock brokers, telegraph companies, theaters and melodeons, undertakers, wood and coal dealers, having due regard to the amount of business done by each person or firm so licensed; to license, tax and regulate, prohibit and suppress all tippling houses, dram shops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling houses, disorderly houses and houses of ill-fame; provided, that in all unincorporated cities or towns in this State the Boards of County Commissioners shall have power to fix and collect a license tax upon the following places of business and amusements, and none other, as follows, to wit: Circus, caravan or menagerie, concerts, theatrical performances, melodeons and other exhibitions, dance houses, wholesale liquor merchants, brewers, manufacturers of liquors and beer, saloons, bars, bar-rooms, or cellars, gaming and gambling houses, hawkers and peddlers, junk shops, pawnbrokers, auctioneers, solicitors, drummers, mercantile agents, telegraph companies, electric light companies, power companies, telephone companies, water companies, express companies, banker and banks, having due regard to the amount of business done by each firm, company or person so licensed; to levy and collect an annual tax on all dogs owned or kept within the limits of said town or city, and to provide for the extermination of all dogs for which tax shall not have been paid, and to prohibit the keeping of hogs or the running at large of goats, cows or other animals within the limits of said town or city; to fix and collect a license tax upon all professions, trades or business within said town or city not heretofore specified. Tenth-To provide for the issuance of all licenses in this Act mentioned, or authorized to be issued, and to fix the terms on which and the sums for which the same shall be issued. Eleventh-To prevent, punish and restrain any disorderly conduct within said town or city; to establish and maintain a Board of Health. Twelfth-To hold, manage, use and dispose of the real and personal property of said town or city, and collect all dues and demands belonging to or coming to the same, but no sale of any such property shall be made until after it be appraised by three appraisers, taxpayers of said city or town, at the actual market value, nor shall it be sold for less than three-fourths of such appraised value. Thirteenth-To fix and prescribe the punishment for the breach of any ordinance made or adopted by said Board of County Commissioners, to be enforced within said town or city, but no fines shall be imposed for one offense in a sum greater than five hundred ($500) dollars, and no term of imprisonment shall be more than six months, but in lieu of imprisonment any person committed for punishment may be made to work an any public work in said town or city, and to that end a chain gang may be formed, continued and operated. |
License tax.
Issuance of licenses.
Board of Health.
Property to be appraised before sale.
Penalty for breach of any ordinance. |
κ1903 Statutes of Nevada, Page 58 (CHAPTER 38)κ
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Must be published one week.
Property condemned, how. |
County Commissioners, to be enforced within said town or city, but no fines shall be imposed for one offense in a sum greater than five hundred ($500) dollars, and no term of imprisonment shall be more than six months, but in lieu of imprisonment any person committed for punishment may be made to work an any public work in said town or city, and to that end a chain gang may be formed, continued and operated. Fourteenth-To pass or adopt all ordinances, rules and regulations, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this Act conferred; provided, that all ordinances of said town or city in force at the date of the assumption by said Board of County Commissioners of the powers and duties by this Act conferred or imposed, and not inconsistent therewith, shall remain in full force and be enforced until changed or repealed by such Board; and provided further, that no ordinance passed by said Board shall be in force or effect until published for one week. Fifteenth-To audit and allow all claims properly payable out of the funds of said town or city. Any property, real or personal, necessary for the public use of said town or city, or the inhabitants thereof, may be condemned and appropriated in the following manner: The Board of County Commissioners shall appoint one referee, and the claimant or claimants, or owner or owners, of the property sought to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property, or the interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property, or the interest or interests therein, by them appraised, shall be reported to said Board of County Commissioners, and shall by them be regarded as final and binding, unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the District Court of the proper county, within thirty days after notice of such decision shall have been served upon him; and upon the tender in gold coin of the sum named as the value of such property, interest or interests to the claimant or claimants, owner or owners thereof, or his or their attorney or agent, such property, or the interest or interests therein appraised, shall become and be the property of said town or city, and said Board of County Commissioners may, at any time after twenty days notice, cause the Sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners, of property sought to be condemned as herein provided, shall refuse or neglect when required by the Board of County Commissioners, to appoint a referee to value such property, then said Board of County Commissioners shall constitute a Board of Appraisers of such property, |
κ1903 Statutes of Nevada, Page 59 (CHAPTER 38)κ
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said Board of County Commissioners shall constitute a Board of Appraisers of such property, and their valuation of the same shall be final and binding, subject to right of appeal as hereinbefore provided; but no act of condemnation of property, or of any claim or interest therein, as herein provided, shall be deemed or held as an admission on the part of said town or city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this Act provided, the referees or County Commissioners, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be a benefit to such person or persons, they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property, or interest therein, condemned. Sec. 2. This Act shall take effect from and after its passage. All Acts and parts of Acts in conflict with the provisions of this Act, or repugnant thereto, are hereby repealed. |
Property condemned, how.
To take effect. |
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Chap. XXXIX.An Act to authorize the Board of County Commissioners of Churchill County to issue bonds for the purpose of creating a fund for the erection of county buildings.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Churchill county, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county, for an amount not exceeding the sum of eight thousand dollars, exclusive of interest, for the purpose of providing funds for the erection of a Court House and jail in the Town of Fallon in said county. Sec. 2. Prior to the first Monday in May, nineteen hundred and three, the Board of County Commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the Chairman of the Board, countersigned by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bond, and each of such coupons shall be consecutively numbered and signed by the Chairman of the said Board and the County Treasurer. Sec. 3. The Clerk of the Board of County Commissioners shall keep a record of all proceedings under the provisions of this Act, showing the number and date of each bond, and to whom issued. |
County Commissioners to issue bonds for erection of Court House.
Bonds, how issued, and coupons for interest.
Duties of Clerk of Board. |
κ1903 Statutes of Nevada, Page 60 (CHAPTER 39)κ
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To advertise for bids.
Amount and terms of bonds.
Fund for payment of bonds, how created.
To be known as Court House Bond Fund.
Surrender of bonds, how made. |
this Act, showing the number and date of each bond, and to whom issued. Sec. 4. The Board of County Commissioners of Churchill county are hereby authorized to negotiate the sale of said bonds, by advertising for sealed proposals, or by private sales as they may deem for the best interests of the county; provided, that no bonds shall be sold for less than their par value, and that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. Sec. 5. Said bonds shall each be in the sum of one thousand dollars, and the interest on the same shall not exceed six per cent per annum, payable annually on the first Monday in January of each year, at the office of the County Treasurer of said Churchill county, and in no case shall any of said bonds run a longer period than ten years. Sec. 6. For the purpose of creating a fund for the payment of the bonds authorized by this Act, and the interest thereon, the Board of County Commissioners of Churchill county are hereby authorized and required to levy and collect annually a special tax of not exceeding twenty-five cents upon each one hundred dollars of assessed value of all property, both real and personal, within the boundaries of said Churchill county, until such bonds and the interest thereon shall have been fully paid. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the County Treasurer in a special fund to be known as the Court House Bond Fund. Sec. 7. Whenever on the first Monday in January, nineteen hundred and five, and any year thereafter, after the payment of the interest then accrued on said bonds, there shall remain a surplus in said Court House Bond Fund of one thousand dollars or upwards, the County Treasurer of said Churchill county shall proceed to advertise, for not less than three weeks, in such manner as the Board of County Commissioners may direct, for proposals for the surrender of the bonds provided for in this Act. Such notice or advertisement shall state the time and place for receiving such bonds, the amount of money on hand applicable to the redemption of such bonds, and that no bid will be received at a rate exceeding the par value thereof. The County Treasurer, together with the County Commissioners, shall proceed to open and consider such proposals at the time and place specified in such advertisement, and shall accept such proposals at a rate not exceeding the par value, as may redeem the greatest amount of bonds, until the amount of money on hand is exhausted; provided, that in case more bonds are offered for redemption than can be purchased by the money in said fund, and there being no difference in the bids, then, and in that case, the County Treasurer and the Board of County Commissioners shall determine by lot which of said bonds so offered shall be paid first. |
κ1903 Statutes of Nevada, Page 61 (CHAPTER 39)κ
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Commissioners shall determine by lot which of said bonds so offered shall be paid first. In case, on the day mentioned for reception of proposals, no bids for the surrender of bonds shall have been received, or if, after redeeming all bonds offered, there remain in the Court House Bond Fund the sum of one thousand dollars or more, then, and in such event, the Board shall determine by lot which of the outstanding bonds shall be redeemed, and the County Treasurer shall then give notice, by letter or publication in such manner as the Board may direct, that said bond or bonds, if not presented for payment, shall cease to bear interest from and after thirty days from the date of such letter, or the first publication of said notice. Sec. 8. Whenever the bonds and interest provided for in this Act, shall have been fully paid, the tax authorized by this Act shall cease and all moneys remaining in said Court House Bond Fund shall, by order of the Board of County Commissioners, be transferred to the General Fund of said county. Sec. 9. Whenever the County Treasurer shall pay any coupons on bonds issued under the provisions of this Act, he shall cancel the same by writing across the face thereof, Paid, together with the date of such payment, sign his name thereto, and turn the same over to the County Auditor, taking his receipt therefor, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the Auditor shall credit the Treasurer on his books with the amounts so paid. Sec. 10. The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, or taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full. |
Which bonds to be redeemed, how determined.
Tax to cease upon redemption of bonds.
Duties of County Treasurer on payment of coupons.
Faith of State of Nevada pledged. |
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Chap. XL.An Act fixing the salaries and compensation of certain attaches of the Government of the State of Nevada.
[Approved March 9, 1903.]
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 following salaries shall be paid to the following named attaches of the State Government: To the Governors Private Secretary, fifteen hundred dollars per annum, and he shall act as Clerk of the Board of State Capitol Commissioners, Board of Pardons and State Board of Assessors without further compensation. To the Deputy Secretary of State, fifteen hundred dollars per annum, and he shall act as Clerk of the Board of Examiners and of the State Prison Commissioners without further compensation. |
Date of effect of Act.
Salary of Governors Private Secretary.
Deputy Secretary of State. |
κ1903 Statutes of Nevada, Page 62 (CHAPTER 40)κ
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Salary of Deputy State Controller. Salary of Deputy Surveyor-General. Salary of Draughtsman in State Land Registers Office. Salary of Deputy State Treasurer. Salary of janitor, gardener, and night watchman of the Capitol building. Salary of Clerk of Library. Salary of Clerk in State Land Office. Repealing clause. |
iners and of the State Prison Commissioners without further compensation. To the Deputy State Controller, fifteen hundred dollars per annum, and he shall act as Clerk of the Board of State Printing Commissioners without further compensation. To the Deputy in the Surveyor-General and State Land Registers Office, fifteen hundred dollars per annum, payable out of the State School Fund. To the Draughtsman in the State Land Registers Office, fifteen hundred dollars per annum, payable out of the State School Fund. To the Deputy State Treasurer, seventeen hundred dollars per annum, and he shall act as Clerk of the Board of Commissioners for the Care of the Indigent Insane without further compensation. Sec. 2. That the Board of Capitol Commissioners shall be required to fix the salary of the Janitor of the Capitol building at $1,200 per annum; the Gardener of the State Capitol grounds at $1,200 per annum and the Night Watchman of the Capitol building at $1,320 per annum; provided, said Night Watchman shall be the appointee and under the direction of the State Treasurer; and it is hereby further provided, that the salary of the Clerk in the State Library shall be fixed at $900 per annum, and the salary of the Stenographer in the State Land Office shall be $900 per annum, the last to be paid out of the State School Fund. Sec. 3. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Board of Directors to exercise discretion as to receiving any child or children. |
Chap. XLI.An Act to amend Sections 12, 13 and 14 of an Act entitled An Act for the government and maintenance of the State Orphans Home, approved March 1, 1873.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 12 of an Act entitled An Act for the government of and maintenance of the State Orphans Home, approved March 1, 1873, is hereby amended so as to read as follows: Section 12. Nothing in this Act shall be construed to prevent the Board of Directors, at their discretion, from receiving any child from its living resident parent, parents, guardian or guardians, upon a proper showing to their satisfaction of the inability of such parent, parents, guardian or guardians, to support and care for such child; and that such Board may require the living parent, parents, guardian or guardians of such child, so admitted to contribute such sum to its support as said Board may determine. |
κ1903 Statutes of Nevada, Page 63 (CHAPTER 41)κ
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Sec. 2. Section 13 of said Act is hereby amended so as to read as follows: Section 13. Children admitted to the State Orphans Home under the provisions of Section 12 of this Act, as amended, are hereby declared and adjudged to be wards of the State as fully as whole orphans, subject only to such conditions of admission as may be fixed by the Board of Directors; provided, that no child shall be received by the Board of Directors of said Orphans Home unless they be sent by the County Commissioners of the county in which the children reside; and further provided, that the county from which the child is sent shall agree by its County Commissioners to pay for the maintenance of said child at a reasonable rate, said rate to be fixed by the Board of Directors of said Orphans Home. Sec. 3. Section 14 of said Act is hereby amended so as to read as follows: Section 14. The Board, on the certificate of the District Judge of the county from which any orphan or any child admitted under the provisions of Section 12 of this Act, as amended, was sent, that any parent or guardian is competent to resume the guardianship of such child, shall release such child and return him or her to such guardian, and such guardian shall be required to pay all expenses incident to the removal and return of such child to his or her guardian. |
Children admitted adjudged wards of State.
Parent or guardian to resume guardianship, when. |
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Chap. XLII.An Act to amend section one of an Act entitled An Act to facilitate the giving of bonds and undertakings required by law, approved February 26, 1887.
[Approved March 9, 1903.]
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 to facilitate the giving of bonds and undertakings required by law, approved February 26, 1887, is hereby amended to read as follows: Section 1. Any company incorporated and organized under the laws of any State of the United States for the purpose of transacting business as surety on obligations of persons, or corporations, or State, county, or township officers, and which has complied with all the requirements of the law regulating the admission of such companies to transact business in this State, shall, upon production of evidence of solvency and credit satisfactory to the Judge, head of department, or other officer or officers authorized to approve such bond, be accepted as surety upon the bond of any person, or corporation, or State, county, or township officer required by the laws of this State to execute a bond, and if such surety company shall furnish satisfactory evidence of its ability to provide all the security required by law, |
Production of evidence. |
κ1903 Statutes of Nevada, Page 64 (CHAPTER 42)κ
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Production of evidence.
Appointment of lawful attorney.
Thirty days to plead.
Fee to be paid. |
company shall furnish satisfactory evidence of its ability to provide all the security required by law, no additional security may be exacted, but other surety may, in the discretion of the official or officials authorized to approve such bond, be required and such surety company may be released from its liability on the same terms and conditions as are by law prescribed for the release of individuals, it being the true intent and meaning of this Act to enable corporations created for that purpose to become surety on bonds required, subject to all the rights and liabilities of private parties. No surety company not incorporated under the authority of this State shall, directly or indirectly, take risks or transact business in this State until it shall have first appointed the State Controller of this State to be the true and lawful attorney of such company in and for this State, upon whom all lawful process may be served with the same effect as if the company existed in this State. Said power of attorney shall stipulate and agree on the part of the company that any lawful process against the company, which is served on said attorney, shall be of the same legal force and validity as if served on the company, and that the authority shall continue in force so long as any liability remains outstanding in this State. A certificate of such appointment shall be filed in the office of the Secretary of State, and copies certified by him shall be received in evidence in all the courts in this State. Service of process in actions and proceedings upon such attorney shall be deemed service upon the principal, but such principal shall be allowed thirty days thereafter within which to appear and plead in all such actions and proceedings. Whenever any lawful process against a surety company shall be served upon the State Controller he shall forthwith forward a copy of the process served upon him, by mail, post paid, and directed to the Secretary of the company. For each copy of the process the Secretary of State shall collect the sum of five dollars, which shall be paid by the plaintiff at the time of such service, the same to be recovered by him as a part of the taxable costs if he prevail in the suit. As amended, Stats. 1899, 101. |
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Unlawful to refuse to connect wires with buildings. |
Chap. XLIII.An Act relative to the connections of main wires and pipes of electric light and water companies, or corporations, to residences or buildings.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any superintendent or manager, or person in control of any electric light or water company or corporation to refuse to connect main wires or pipes to residences or buildings of any description. When owner or person occupying said buildings has had wires or pipes placed in such residence or buildings placed to the end or side of the land on which such residences or buildings are located, |
κ1903 Statutes of Nevada, Page 65 (CHAPTER 43)κ
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owner or person occupying said buildings has had wires or pipes placed in such residence or buildings placed to the end or side of the land on which such residences or buildings are located, by any competent person; provided, that the main pipe or wire is at the time of such request within five hundred feet of the land on which such buildings or residences are located, then said electric light or water company or corporation shall place main pipe or wires at their own expense to the end or side of the land on which such building or residences are located, and when such owner or person occupying such building or residence offer to pay said superintendent or manager or person in control of such electric light or water company or corporation a reasonable amount for such connection or connections; provided, that all wiring for electric lights shall be done in accordance with the rules and regulations of the National Fire Underwriters Association. Sec. 2. Nothing in section one of this Act shall apply to any electric light or water company or corporation which uses the lights or water furnished by them for their own personal use, or which is not in the business of selling water or light. Sec. 3. Any superintendent or manager or person in control of any electric light or water company or corporation refusing to comply with Section 1 of this Act by refusing to make such connection or connections or furnish water or light within fifteen days from the time such connections are asked for, can be sued for damages by the owners or person occupying such residence or buildings to which such refusal is made and such owners or person shall be granted damages to the sum of not less than one hundred ($100) or more than three hundred dollars ($300) for each offense. Sec. 4. This Act shall take effect upon its passage and approval. |
Unlawful to refuse to connect wires. Proviso.
Not to apply to private companies.
Liability for refusal.
When to take effect. |
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Chap. XLIV.An Act defining and classifying transient stock and providing for the assessment, collection and distribution of taxes on the same, and providing penalties for violation of its provisions.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That for the purposes of taxation as hereinafter provided, transient stock shall be deemed to be: 1. All stock brought into the State by any person or persons other than bona fide residents thereof, for the purpose of being grazed, and 2. All stock owned by residents of the State and driven or removed from one county to another for the purpose of being grazed. |
Transient stock, how determined. |
κ1903 Statutes of Nevada, Page 66 (CHAPTER 44)κ
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Certificate required to be filed upon bringing of live stock into any county.
Duty of County Clerk upon receiving certificate.
Payment by non-resident required for grazing live stock.
Amount paid, when and how refunded. |
Sec. 2. It shall be the duty of every person or persons bringing live stock into any county of the State for the purpose of being grazed for any length of time, to set out in a certificate signed by such person or persons or their agents, the number of live stock with the marks and brands on the same, and file said certificate with the County Clerk of the county in which said live stock shall be first brought, which certificate shall be substantially in the following form:
State of Nevada, County of ., ss. I, ., of ., hereby certify that on the day of ., 190 , I brought into the County of . from the State of ., head of . branded . on the and marked as follows: . . Dated this day of ., 190 . Signed by ....................................................................................... .......................................................................................
Sec. 3. It shall be the duty of the County Clerk upon said certificate being filed, to keep an index of the same in his office, and if the assessment rolls are in his possession or in the possession of the County Treasurer, he shall, as Clerk of the county, enter an abstract of such certificate upon the assessment roll for the current year; otherwise he shall deliver to the County Assessor a certified copy of such certificate and the County Assessor shall enter an abstract of such certificate upon the assessment roll for the year. Sec. 4. Every person or persons other than bona fide residents of the State bringing live stock into the State for the purpose of being grazed for any length of time, shall be required by the Assessor of the county where such certificate is filed, to pay the sum of ten cents on each and every head of sheep, and forty cents on each and every head of cattle or other live stock so certified, which collection shall be deposited with the County Treasurer; provided, that said ten cents per head on sheep, and forty cents per head on cattle and other live stock, shall at the end of such year be returned to the person paying the same, upon a showing that he has paid the regular annual tax in that county for that year upon all said property the same as other persons have paid on like property permanently located in the State; or such portion of said payment shall be returned, as shall exceed the amount of the regular tax for said year; provided, further, that any person so certifying to the ownership of transient stock, in lieu of the payment of the said ten cents per head on sheep, and forty cents per head on cattle and other live stock, may execute a bond to such county with two or more sureties, to be approved by and filed with the County Treasurer, conditioned that such person will regularly and punctually pay all taxes which may become due thereon during the year. Sec. 5. Except as in the next section provided, all stock owned by residents of the State and driven or removed from one county to another to be grazed shall be assessed as other personal property in the county where first found after January first in each year, and such assessment shall be listed on the assessment rolls and the taxes collected in such county the same as on other personal property. |
κ1903 Statutes of Nevada, Page 67 (CHAPTER 44)κ
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owned by residents of the State and driven or removed from one county to another to be grazed shall be assessed as other personal property in the county where first found after January first in each year, and such assessment shall be listed on the assessment rolls and the taxes collected in such county the same as on other personal property. Sec. 6. The taxes on all live stock owned by residents of the State and driven or removed from one county to another for the purpose of being grazed, that are grazed for any portion of the year in the county where owned, shall be paid in the county where owned, and it shall be the duty of the Assessor of each county to list all such transient stock owned by residents of this State on a listing blank before February the fifteenth of each year, and transmit such list to the Assessor of the county in which said stock were owned, who shall assess said stock and enter said assessment on the assessment roll of said county, and assess against said stock any special school tax which may have been levied in the school district in which said stock are owned, and the same shall be collected by the Treasurer of the county in which said stock are owned. Sec. 7. It shall be the duty of the County Assessor in each county, at the time of assessing any transient stock, to furnish the owner of said transient stock or his agent with a certificate and such copies thereof as the owner or his agent may require showing the time, place, number, and description of the animals assessed; provided, residents and other persons not owning sufficient real estate within the State to secure the payment of said taxes shall have complied with the provisions of Section 4 of this Act before they shall be entitled to such certificate. Such certificate shall be substantially in the following form:
State of Nevada, County of ., ss. I, ., do hereby certify that I am the Assessor of . county, State of Nevada; that I have this day assessed for the year 190 , .head of . branded on the . and marked as follows: . the property of ., a resident of . county, State of . Dated this day of ., 190 . . ....................................................................................... Assessor.
By.................................................................................. Deputy.
Sec. 8. Whenever the owner of any transient stock or his agent shall drive or remove such stock into another county for grazing or feeding purposes, he shall not be required to pay any additional taxes on said stock to such county into which they are driven or removed; provided, that such owner or his agent shall file with the County Clerk of such county a copy of the certificate set forth in Section 7, together with a statement from said owner or his agent showing the date when such stock were brought into said county and the date when they will probably leave. |
Assessed in county where first found.
Taxes, to what county paid.
County Assessor to furnish owner with certificate.
Form of certificate.
Exemption of owner to pay additional tax, how obtained. |
κ1903 Statutes of Nevada, Page 68 (CHAPTER 44)κ
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Duties of County Commissioners of different counties.
Assessor to make full assessment.
County Commissioners to commence suit, when.
Defendant in the action.
Penalty for moving stock with intent to move out of State. |
a copy of the certificate set forth in Section 7, together with a statement from said owner or his agent showing the date when such stock were brought into said county and the date when they will probably leave. Such certificate and statement must be filed in each county into which such stock are driven or removed, in order to claim the exemption from further taxation. Sec. 9. On the fifteenth day of January of each year it shall be the duty of the County Commissioners of each county wherein such certificate and statements have been filed, showing that live stock, upon which the taxes have been paid in any county for the previous year, have ranged for a portion of such year in another county, to file a statement with the County Commissioners of the county wherein the taxes for such year have been paid, claiming from such county such proportion of the taxes as the time during which such live stock ranged in said county, will bear to the whole of the year, which said account after deducting therefrom the costs of assessing and collecting the same, shall be paid by the county receiving the entire tax to the county or counties entitled to a division thereof, as above set forth, with the exception that no portion of the tax collected for State, district school or municipal purposes shall be considered in this connection. Sec. 10. If the assessment in the county where first made is not in full, then the Assessor of such other county in which such transient stock may be ranging, is authorized to assess such stock to the number omitted in the previous assessment, and such taxes on the number so assessed shall be paid in the county where such last assessment is made. Sec. 11. It shall be the duty of the County Commissioners of the county in which such live stock shall be herded or grazed without having first complied with the provisions of this Act, upon receiving satisfactory information of such fact, to institute such civil action in the name of the county against the person so herding or grazing such live stock, or his agent. If the owner of such live stock be not known to such Commissioners, it shall be lawful to make an agent of such person, or any person, having the care and custody of such live stock, the defendant in such action, and service of the summons upon such agent, or person having the care and custody of such livestock, shall be considered and held to be personal service upon the owner thereof. Sec. 12. If any person having the care or custody of such live stock shall, pending an action instituted as provided in the last section, drive or move said live stock out of the county with intent to move the same out of the State, or with the intent to evade the payment of the forfeiture hereinbefore named, upon affidavit to that effect being made and filed in an action being brought to recover said forfeiture or tax herein provided, writs of attachments may issue as in civil actions, and the proceedings therein shall be as in other cases, except that no undertaking or attachment shall be required; and in addition thereto, any person so driving or moving such live stock shall be guilty of a misdemeanor and be punished by a fine of not less than ten dollars nor more than three hundred dollars, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment, for each and every offense. |
κ1903 Statutes of Nevada, Page 69 (CHAPTER 44)κ
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civil actions, and the proceedings therein shall be as in other cases, except that no undertaking or attachment shall be required; and in addition thereto, any person so driving or moving such live stock shall be guilty of a misdemeanor and be punished by a fine of not less than ten dollars nor more than three hundred dollars, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment, for each and every offense. Sec. 13. Any person named in Section 2 of this Act, or his agent, who shall bring any live stock into this State for grazing purposes, and shall herd or graze the same in any county of the State without first filing said certificate, and without paying the amount of money per head as hereinbefore provided, or giving the bond named in Section 4 of this Act shall be guilty of a misdemeanor and be punished by a fine in a sum not less than one hundred dollars nor more than five hundred dollars, and shall further forfeit and pay the sum of forty cents for each and every head of cattle thereof, and ten cents for each and every head of sheep, for the use of said county, which said forfeit shall be collected by a civil action in the name of the county in which said live stock are, or were, so herded or grazed. Sec. 14. Any person, or his agent, bringing live stock from one county in this State into another county for grazing purposes, without filing the statement and certificate as provided by Section 8 of this Act, within thirty days after he has crossed the county line, shall be guilty of a misdemeanor and be punished by a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment in the county jail not to exceed six months, and in addition thereto said live stock shall not be exempt from taxation in the county from which they are taken. Any Assessor of any county may, when he finds live stock belonging outside of his county ranging within his county lines, enumerate such stock and render to the County Clerk of the county where the stock belong, or the county where they were first certified to as herein required, a certificate setting forth the time that such stock entered and the time such stock left his county. A certificate so rendered shall be of the same force and effect as though made by an agent of the owner of the stock. Sec. 15. Any county officer or member of the Board of County Commissioners or Board of Equalization, who shall fail to perform the duties prescribed in this Act, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars or more than five hundred dollars. Sec. 16. Within the meaning of this Act the word person shall be construed to mean and include corporations, whether domestic or foreign, joint stock companies, firms or other associations associated together and doing business. Sec. 17. All Acts and parts of Acts in conflict with this Act are hereby repealed; |
Misdemeanor.
Failure to file certificate a misdemeanor, fine and punishment.
Further punishment for violation of provisions of this Act.
Duties of Assessors.
Punishment for failure of certain officers to perform duties.
Construction of the word person used in this Act. |
κ1903 Statutes of Nevada, Page 70 (CHAPTER 44)κ
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Repealing clause. |
Act are hereby repealed; provided, that this Act shall not be construed to affect or repeal an Act approved March 23, 1891, 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, or any Act supplemental thereto or amendatory thereof. |
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Persons solemnizing marriages to make out and deliver certificate to Recorder.
Punishment for violation of provisions of this Act.
Repealing clause. |
Chap. XLV.An Act entitled An Act to amend an Act entitled An Act relating to marriage and divorce, approved November 28, 1861.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10 of the above entitled Act is hereby amended so as to read as follows: Section 10. Every person solemnizing a marriage who shall fail or neglect to make and deliver to the Recorder, a certificate thereof, within the time specified in Section 8, shall be guilty of a misdemeanor and punished by a fine of not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than ten days nor more than fifty days or by both such fine and imprisonment; and every Recorder whose legal fees therefor shall have been tendered him, who shall fail or neglect to record such certificate, shall be guilty of a misdemeanor and punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than fifty days or more than six months, or by both such fine and imprisonment. Sec. 2. All Acts and parts of Acts in conflict with the above are hereby repealed. |
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Appropriation for relief of T. L. Oddie and W. Brougher. |
Chap. XLVI.An Act to reimburse T. L. Oddie and W. Brougher for moneys advanced to the Board of Health.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three hundred ($300) dollars is hereby appropriated out of the General Fund, from any moneys not otherwise appropriated, to pay the claim of T. L. Oddie and W. Brougher, for moneys advanced to the Board of Health. Sec. 2. The State Controller is hereby authorized and instructed to draw his warrant in favor of T. L. Oddie and W. Brougher for the sum of three hundred ($300) dollars, |
κ1903 Statutes of Nevada, Page 71 (CHAPTER 46)κ
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instructed to draw his warrant in favor of T. L. Oddie and W. Brougher for the sum of three hundred ($300) dollars, and the State Treasurer is hereby directed to pay the same. |
Duties of State Controller and State Treasurer. |
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Chap. XLVII.An Act to provide for the measurement of water used on irrigated areas, the determination of the losses from irrigating ditches and the remedies therefor, and the study of the best methods of distributing and using water in growing crops in the State of Nevada, in cooperation with the United States Department of Agriculture and the Nevada Experiment Station.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the measurement of water used on irrigated areas, the determination of the losses from irrigating ditches and the remedies therefor, and the study of the best methods of distributing and using water in growing crops in the State of Nevada, during the years 1903 and 1904, the sum of two thousand dollars is hereby appropriated out of the General Fund of the State. This sum 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 officer 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. The State Board of Irrigation shall direct the expenditure of money appropriated by section one of this Act, upon plans approved by said Board which the representative of the United States Department of Agriculture in charge of irrigation investigations shall supply. Sec. 3. The measurements and investigations contemplated by this Act shall be made by 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 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. 4. After the reports of the results of any investigations made under the provisions of this Act have been published by 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. |
Method of measuring water and study of best uses of same.
Duty of State Board of Irrigation.
Measurements, by whom made.
State Printing Office to publish reports. |
κ1903 Statutes of Nevada, Page 72 (CHAPTER 47)κ
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Reports of investigations reported to whom. |
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. 5. The results of the investigations shall be reported to the State Board of Irrigation from time to time, as said State Board shall direct. |
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Qualifications of persons engaged in optical profession.
To appear before State Controller and present certificate.
Fee to be paid to State of Nevada.
Exceptions as to application of Act.
Penalty for violation of Act.
Repealing clause. |
Chap. XLVIII.An Act to regulate the practice of optometry in the State of Nevada, and to fix the license therefor.
[Approved March 9, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All persons engaging in the optical profession or the practice of optometry in the State of Nevada shall be graduates of a regularly chartered optical college, possessing by virtue of its charter from the State in which it is located, authority to confer degrees and issue diplomas certifying to the efficiency of its graduates. Sec. 2. Any person engaging in the optical profession or the practice of optometry in correcting ocular, muscular imballances, errors of refraction, or other defects of vision, not requiring surgical treatment, shall appear before the State Controller as an applicant for a license to engage in the aforesaid profession and practice, and produce to said officer a certificate of said applicants graduation, and shall also make affidavit that the said applicant is the person named therein, and that such certificate has been issued by a regularly chartered college. Sec. 3. In addition to the foregoing requirements, any person engaging in the optical profession or practice of optometry, shall pay to the State of Nevada the sum of ten dollars, on the payment of which the State Controller shall issue to such person, a license duly certified, authorizing said person to engage in the profession and practice aforesaid. Sec. 4. Nothing contained in this Act shall be construed as applying to regularly qualified medical practitioners, nor to persons who have been engaged in the optical profession, or the practice of optometry in the State of Nevada for one year preceding the passage of this Act. Sec. 5. Any person violating any of the provisions of this Act shall be fined in a sum not exceeding one hundred dollars, nor less than twenty dollars, and it shall be the duty of the District Attorney of the county to prosecute such person. Sec. 6. All Acts and parts of Acts in conflict herewith are hereby repealed. |
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κ1903 Statutes of Nevada, Page 73κ
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Chap. XLIX.An Act to amend an Act entitled An Act to amend an Act entitled An Act to create Judicial Districts in the State of Nevada, provide for the election of District Judges therein and fix their salaries, approved March 18, 1891, approved March 13, 1897, and to repeal certain Acts relating to the salaries of the District Judges of the First and Fourth Judicial Districts, approved March 16, 1899.
[Approved March 10, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section four of said Act is hereby amended so as to read as follows: Section 4. The salary of each District Judge hereafter elected as provided for in this Act, and those appointed to fill vacancies after the first Monday in January, A. D. 1899, shall be four thousand dollars per annum, except the salary of the District Judge of the Fourth Judicial District, comprising Elko, White Pine and Lincoln counties, shall be four thousand five hundred dollars per annum, and the salary of the District Judge of the Fifth Judicial District, in and for Humboldt county, which salary shall be twenty-four hundred dollars per annum. Said salaries shall be paid in equal monthly installments out of the District Judges Salary Fund, hereby created in the State Treasury, which fund shall be supplied in the manner following, to wit: Each county in the State shall contribute annually to the said fund the following sums: Storey county, one thousand three hundred dollars; Ormsby county, nine hundred and eighty dollars; Douglas county, five hundred dollars; Esmeralda county, five hundred and five dollars; Lyon county, seven hundred and fifteen dollars; Washoe county, three thousand five hundred and fifty-two dollars; Churchill county, four hundred and forty-eight dollars; Humboldt county, two thousand four hundred dollars; Nye county, one thousand and forty-five dollars; Eureka county, one thousand six hundred and twenty-six dollars; Lander county, one thousand three hundred and twenty-nine dollars; Elko county, three thousand one hundred and seventy-eight dollars; White Pine county, four hundred dollars; Lincoln county, nine hundred and twenty-two dollars; and it is hereby made the duty of the Board of County Commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their countys quota of said District Judges Salary Fund to the State Treasury at such times and in such installments as will enable the State Treasurer to pay each District Judge one-twelfth of his annual salary on the first day of each and every month, and to cause such money to be forwarded by the County Treasurers, and, if necessary, in order to render certain the forwarding of such moneys in ample time to prevent any default in said monthly installments, said Board of County Commissioners shall transfer and use any moneys in the county treasuries, except those belonging to the Public School Fund. |
Salary of District Judges in various Districts.
Duties of Boards of County Commissioners as to payment of salaries. |
κ1903 Statutes of Nevada, Page 74 (CHAPTER 49)κ
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Salary not to be paid in advance.
Repealing clause. |
moneys in ample time to prevent any default in said monthly installments, said Board of County Commissioners shall transfer and use any moneys in the county treasuries, except those belonging to the Public School Fund. No salary of any District Judge shall be paid in advance. Sec. 2. An Act relating to the salary of the District Judge of the Fourth Judicial District of the State of Nevada, approved March 16, 1897, is hereby repealed. |
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Preamble.
Loss of certificates issued against Redemption Fund.
Commissioners to advertise for presentation of warrants.
Certificates declared void, when. |
Chap. L.An Act relating to certain outstanding and unapplied-for county certificates issued against the Redemption Fund, Lincoln County, State of Nevada.
[Approved March 10, 1903.]
Whereas, Prior to the first day of April, A. D. eighteen hundred and seventy-five, certain and several evidences of indebtedness or county certificates were duly issued by the Board of County Commissioners of Lincoln county, State of Nevada, against the Redemption Fund of said county; and Whereas, The outstanding county certificates so issued have not been presented for payment, although duly advertised as payable, with money to redeem them; and Whereas, It is believed said outstanding county certificates have been lost or destroyed, and that the persons to whom said county certificates, now remaining and not applied for, were issued, will not present them for payment; and Whereas, Legislative action should be taken in order that the books of the Auditor and Treasurer of said Lincoln county be relieved from carrying these certificates as cash balances; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the first regular meeting of the Board of Commissioners of Lincoln county, State of Nevada, after the approval of this Act, said Board of County Commissioners are hereby authorized, empowered and required to advertise in some daily or weekly newspaper published in Lincoln county-for the period of two months, one insertion each week-for the presentation for payment of all outstanding and unapplied-for county warrants issued against the Redemption Fund of said county prior to the first day of April, A. D. eighteen hundred and seventy-five. Sec. 2. Upon the expiration of the time named for advertising in section one of this Act all outstanding and unapplied-for county certificates issued against the Redemption Fund of Lincoln county, State of Nevada, prior to the first day of April, A. D. eighteen hundred and seventy-five, and not presented at the office of the County Treasurer of said Lincoln county for payment, shall be deemed void. |
κ1903 Statutes of Nevada, Page 75 (CHAPTER 50)κ
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presented at the office of the County Treasurer of said Lincoln county for payment, shall be deemed void. The County Auditor shall then notify the County Treasurer of the amount of said county certificates so declared void, whereupon the County Auditor and County Treasurer shall balance their respective books, by proper entries, briefly reciting the provisions of this Act for their authority. Sec. 3. If at any time, after the preceding sections of this Act shall have been complied with, any county certificate issued against the Redemption Fund of Lincoln county, State of Nevada, prior to the first day of April, A. D. eighteen hundred and seventy-five, shall be presented at the office of the County Treasurer of Lincoln county, State of Nevada, for payment, said county certificate or certificates shall be deemed a just and legitimate claim against said county, and shall be allowed by the Board of County Commissioners of said county, and audited and paid in the same manner as other claims against the county are allowed, audited and paid. Sec. 4. This Act shall take effect on and after its approval. |
Certificates, when deemed just claim.
Date of effect. |
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Chap. LI.An Act to authorize the School Trustees of Elko School District No. 1, in Elko County, State of Nevada, to issue bonds for the purpose of providing an additional school room for said school district.
[Approved March 10, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of Elko School District No. 1, in Elko county, State of Nevada, are hereby authorized, under the provisions of this Act, to issue bonds bearing interest not to exceed six (6) per cent per annum for a sum not to exceed three thousand dollars in United States gold coin, none of which bonds shall run for a period longer than four (4) years from the 15th day of December in the year in which said bonds shall be issued. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars each in gold coin, and shall be payable to bearer, and the interest thereon shall be payable annually, and coupons of each installment of such interest shall be attached to each of said bonds. Sec. 3. The principal of said bonds shall be payable to the amount of one thousand dollars each year, commencing with the 15th day of December of the year of the issue thereof. Sec. 4. The Board of Trustees of said school district are hereby authorized, when in their judgment it may be advisable to build one more school room for said district, in addition to the three now in use, to call a school meeting for the purpose of providing means therefor. Such meeting shall be called in the manner provided by law for calling meetings for the purpose of raising money for similar purposes in school districts, and if a majority of the persons in said district, qualified to vote at said meeting, shall vote to carry out the recommendations of said Board of Trustees, then the said Board shall proceed to issue the bonds therein provided for in this Act. |
Board of Trustees of Elko school to issue bonds.
Amount of each bond and payable how.
Principal, how paid.
Board of Trustees to build one more school room. |
κ1903 Statutes of Nevada, Page 76 (CHAPTER 51)κ
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Chairman and Clerk to sign bonds and coupons.
Duties of County Treasurer.
Board of School Trustees to levy tax.
Creation of Elko School District No. 1 Fund.
Cessation of interest, when.
Transfer of money, when. |
meeting shall be called in the manner provided by law for calling meetings for the purpose of raising money for similar purposes in school districts, and if a majority of the persons in said district, qualified to vote at said meeting, shall vote to carry out the recommendations of said Board of Trustees, then the said Board shall proceed to issue the bonds therein provided for in this Act. Sec. 5. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of said Board of Trustees and countersigned by the County Treasurer of said Elko county, State of Nevada. Sec. 6. All moneys received from the sale of said bonds shall be paid to the County Treasurer, and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the Elko School District No. 1 Fund, and to pay out said money only on warrants signed by the Chairman and Clerk of said Board of Trustees. 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. Sec. 7. For the purpose of providing for the payment of the bonds hereby authorized to be issued, the Board of County Commissioners of Elko county is hereby authorized and directed on or before the first Monday of April, nineteen hundred and three, and annually thereafter, at the time of making the levy for State and county purposes, to levy upon all the taxable property of said school district an amount not exceeding one-quarter of one per cent upon each one hundred dollars of all property subject to taxation according to law and its value as assessed, sufficient to pay the interest and principal of the bonds issued under the provisions of this Act, which will become due during the ensuing year. The taxes so levied shall be assessed and collected, and shall be paid into the county treasury and set apart as a fund which is hereby created to be known as the Elko School District No. 1 Fund, and the money in said fund shall be paid out of by the County Treasurer in payment of the interest on the bonds aforesaid as the same become due, and upon presentation of the coupons therefor, and upon the presentation and surrender of said bonds when the same become due. Sec. 8. Should the said bonds not be presented to the Treasurer when they become due interest will immediately thereafter stop. Sec. 9. Whenever at the end of any fiscal year there shall remain any money in said fund, after paying the interest on said bonds and the redemption of one of said bonds, as provided for in section three of this Act, the Board of County Commissioners shall order the money so remaining to be transferred from the Elko School District No. 1 Fund to the Elko General School Fund No. 1. |
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κ1903 Statutes of Nevada, Page 77κ
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Chap. LII.An Act for relief for Mrs. G. T. Davis.
[Approved March 10, 1903.]
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 General Fund of the State Treasury to be paid to Mrs. G. T. Davis for storing State ammunition for the years 1895, 1896, 1897, 1898, 1899, 1900, 1901 and 1902. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of said Mrs. G. T. Davis for the amount named in this Act, and the State Treasurer is hereby directed to pay the same. |
Relief of Mrs. G. T. Davis.
State Controller to draw warrant. |
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Chap. LIII.An Act regulating the compensation of a county officer of Esmeralda County, State of Nevada.
[Approved March 10, 1903.]
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 county office of Auditor and Recorder of Esmeralda county, State of Nevada, named in this Act, shall receive the following salary and proportion of fees in full compensation for his services: The Auditor and Recorder shall receive fifteen hundred ($1,500) dollars per annum and all fees over and above two hundred ($200) dollars a month, but not to exceed fifty dollars a month in fees. Sec. 2. All Acts and parts of Acts in conflict with provisions of this Act are hereby repealed. |
Salary of Auditor and Recorder of Esmeralda county.
Repealing clause. |
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Chap. LIV.An Act to amend Sections 18, 28, and Sections 1, 5, and 7 of Section 32 of an Act entitled An Act to provide for the maintenance and supervision of public schools.
[Approved March 10, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 18 of the above entitled Act is hereby amended so as to read as follows: Section 18. The County Superintendent shall have power, and it shall be his duty: First-To visit each public school in his county, within ten miles of the county seat, at least once in each term; provided, that he shall visit all the schools in his county once in each year; to exercise a general supervision over the interests of the public schools in his county and give to the School Trustees, Marshals and teachers such aid as may be important to the prosperity of the schools. |
County Superintendent to visit schools. |
κ1903 Statutes of Nevada, Page 78 (CHAPTER 54)κ
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To distribute blank reports, etc.
To compare census.
To distribute reports relative to number of school children.
To file papers.
To make report.
To hold institutes.
To fill vacancies. |
Trustees, Marshals and teachers such aid as may be important to the prosperity of the schools. Second-To distribute promptly such blank reports, forms, laws and instructions as shall be received by him from the Superintendent of Public Instruction for the use of School Trustees, Marshals and teachers and any other officers entitled to receive the same. Third-To compare the census reports submitted to him by the Census Marshals, and to strike from them the returns concerning any child which to the best of his knowledge and belief is resident in any other district in the county than that for which it is returned; provided, that such child is returned by the Marshal of the district in which such child is actually residing. He shall also strike from the census report the name of any child not resident in the county, but shall in all cases make inquiry sufficient to confirm him in his action before he strikes out any name. He shall alter the statistical reports now required to eliminate the statistics of any child whose name shall be stricken from any list submitted to him, but in no case shall he add names or statistics to any report; to, between the fifteenth day of June and the fifteenth day of July of each year, distribute to the different boards of School Trustees in his county a report, showing by districts and giving their names and ages, the total number of school children in his county as shown by the last reports of the Census Marshals of the districts in the county. Fourth-To keep on file in his office the reports of the School Trustees, Marshals and teachers received by him and to record all his official acts in a book to be provided for that purpose, and at the close of his official term to deliver to his successor such records, and all documents, books and papers belonging to his office and to take duplicate receipts for the same, which shall be filed in the office of the County Treasurer and the County Auditor. Fifth-To make a full report annually, on or before the fifteenth day of September, for the school year ending on the last day of August next previous thereto, to the Superintendent of Public Instruction, such report to include an abstract of all the various annual reports of the City Boards of Education, School Trustees, Marshals and teachers by law required to be made to the County Superintendent for the preceding school year. Sixth-To preside over, regulate and conduct all County Teachers Institutes which may be called under the provisions of the sections of this Act providing for the calling of such institutes. Seventh-To appoint School Trustees in all the districts in which the qualified voters fail to elect, and to fill by appointment all vacancies occurring in said office. Eighth-To draw his orders on the County Auditor in favor of the Board of Trustees for warrants on the County Treasurer for the purchase of school books which may be furnished by said Trustees to indigent children of the district, making the same payable out of the county school monies apportioned to such district. |
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Treasurer for the purchase of school books which may be furnished by said Trustees to indigent children of the district, making the same payable out of the county school monies apportioned to such district. As amended, Stats. 1867, 92; 1869, 169; 1873, 156; 1877, 189. Sec. 2. Section 28 of the above entitled Act is hereby amended so as to read as follows: Section 28. It shall be the duty of the School Trustees to employ teachers; provided, they shall not have the right to employ teachers for any term of service commencing after the expiration of the time for which said School Trustees were elected; they shall certify the amount due teachers for services, to the County Superintendent, who shall draw his order on the County Auditor for a warrant on the County Treasurer for the amount; provided, that salaries of teachers shall be determined by the character of the services required, and that in no district shall there be discrimination in the matter of salary as against female teachers; they shall visit the school or schools under their charge at least once in each term, by one or more of their number with such other person as they may choose to invite. As amended, Stats. 1873, 156; 1877, 190. Sec. 3. Section 1 of Section 32 of the above entitled Act is hereby amended so as to read as follows: Section 1 of Section 32. It is the duty of the Census Marshal: First-To take annually between the first and thirty-first days of May, inclusive, a census of all children under eighteen years of age and over six years, who are residents of his district on the first day of May; provided, that the term residents as herein used shall be constructed [construed] and is hereby defined to mean: children who, having resided in his district, are absent attending institutions of learning or on other business, whose parents or guardians yet reside in his district, and children actually living in his district on the first day of May, unless such children, so living, belong in another district, and are in his district attending institutions of learning, benevolent institutions, such as deaf and dumb, blind and orphan asylums, but in no case shall children, whose parents or guardians reside in his district, be deemed or held to be residents of his district, unless such children themselves shall have lived within his district; within the meaning of this section, the term, children actually living in his district on the first day of May, does not and shall not be construed to mean traveling or emigrant children being in or passing through his district on the first day of May. Second-To report the result of his labors to the County Superintendent of Schools on or before the fifteenth day of June in each year. Said report shall give the name and age of each of such children residing in his district, under the name of the father, if the father lives in the county, otherwise the name of the mother or guardian living in the county. |
To purchase books for indigent children.
Duties of School Trustees relative to employment of teachers and visiting schools.
Census Marshal to take census, when.
Meaning of word children.
To report to County Superintendent. |
κ1903 Statutes of Nevada, Page 80 (CHAPTER 54)κ
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Marshal to visit places of abode.
Certain children not to be included in report.
Punishment for neglect of duty.
Misdemeanor. |
name of the father, if the father lives in the county, otherwise the name of the mother or guardian living in the county. This list shall be separate from the statistical report now required. Third-He shall when practicable visit each habitation, home, residence, domicile or place of abode in his district, and by actual observation and investigation enumerate the census children of the same. Sec. 4. Section 5 of Section 32 is hereby amended so as to read as follows: Section 5 of Section 32. He must not include in his report non-resident children who are attending, in his district, institutions of learning, benevolent institutions such as deaf and dumb, blind and orphan asylums, traveling or emigrant children not actually residing in his district as defined in Section 1 of Section 32 of this Act. Sec. 5. Section 7 of Section 32 is hereby amended so as to read as follows: Section 7 of Section 32. If the Census Marshal neglect or refuse to make his report at the time and in the manner herein required, and to perform any other duty devolving upon him or if he include in his report any children over the age of eighteen years, or under six years of age, or any other children who are not actual residents of his district, as defined in Section 1 of Section 32 of this Act, he shall be deemed guilty of a misdemeanor, and on conviction therefor be punished by a fine in any amount not less than five nor more than one hundred ($100) dollars or by imprisonment in the county jail not less than five nor more than thirty days, and it shall be the duty of the State Superintendent of Public Instruction, the various County Superintendents, the Trustees of the different school districts to, or any person may, cause the arrest and prosecution of any person who shall violate the provisions of this Act. As amended, Stats. 1864, 94; 1869, 172; 1873, 60; 1885, 108. |
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Power of County Commissioners to revoke licenses at times. |
Chap. LV.An Act empowering Boards of County Commissioners, Town Trustees or City Boards to revoke and discontinue business licenses, under certain conditions.
[Approved March 10, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Boards of County Commissioners of the several counties of this State are hereby empowered and authorized to revoke, withdraw and discontinue any business license granted or issued by the Sheriff or other proper officer of their respective counties, where there is reason to believe that such business is a nuisance, a menace to public health or detrimental to the peace or morals of any community in the county in which such business may be conducted; provided, that such revocation, withdrawal or discontinuance of such license shall, when the action is taken on motion of or at the instance of a member of the Board, be by unanimous consent of the members of such Board. |
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that such business is a nuisance, a menace to public health or detrimental to the peace or morals of any community in the county in which such business may be conducted; provided, that such revocation, withdrawal or discontinuance of such license shall, when the action is taken on motion of or at the instance of a member of the Board, be by unanimous consent of the members of such Board. Sec. 2. Any resident taxpayer of any school district in the State of Nevada may file a complaint with the Board of County Commissioners, or with any Board having control and direction of the county, city or other municipal government, praying against the continuance of any business which has been previously licensed by the Sheriff or any other proper officer, reciting that such business is a nuisance, a menace to the public health or detrimental to the peace or morals of the community, and reciting such further facts as may be pertinent in the premises, said compliant to be accompanied by a petition or protest signed by not less than ten per cent of the resident freeholders of such school district, and any Board of County Commissioners, or other county, town, city or municipal board, with which such complaint and petition or protest is so filed, shall, at its first meeting thereafter, or at any special meeting in the interim, thoroughly investigate the charges and, if found justifiable, instruct the Sheriff, or other proper officer to revoke, withdraw and discontinue such license. The delivery of such complaint and petition or protest to the Chairman or any member of said board, or to the Clerk or Secretary of said board, shall be considered a filing of the same sufficient to cover the provisions of this section, and the failure or refusal of such board to, within thirty (30) days after the filing of such complaint and petition or protest, if said charges are justified, to instruct the Sheriff or other proper officer to revoke, withdraw and discontinue the license of any business so complained and petitioned and protested against, shall ipso facto work a forfeiture of office and create a vacancy in the entire membership of said board, which such vacancy shall thereupon and within ten (10) days thereafter be filled by the proper appointing power, and said appointees shall otherwise qualify, all as is by law now provided or as may hereafter be provided. Sec. 3. This Act is hereby made applicable to all licensing officers, Town Boards and City Trustees and to the City Council or Board of Aldermen of any incorporated city, town or municipal government within this State. Sec. 4. Any failure or evasion on the part of the person holding and operating under such license in complying immediately with the instruction of the Sheriff or other proper officer, shall be punishable, as by law provided, in the same manner as where no license has been previously granted, and it is hereby made the duty of the District or City Attorney, as the case may be, to institute proceedings, upon such failure or evasion, to carry out the provisions of this Act and to punish the offender. |
Nuisances, how abated.
Penalty for failure to comply with order of officer. |
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Officer to forfeit office for neglect of duty.
Act to take effect.
Repealing clause. |
upon such failure or evasion, to carry out the provisions of this Act and to punish the offender. Sec. 5. The failure or refusal of the Sheriff or other proper officer to carry out the orders and instructions of the Board with reference to the revocation, withdrawal and discontinuance of licenses complained against under the provisions of section two of this Act, and the failure of the District or City Attorney to perform his duty as in section four provided, within ten (10) days after such order is made, shall ipso facto work a forfeiture of and vacancy in his office, such vacancy to be filled and the appointee to qualify as provided by law. Sec. 6. This Act shall be in full force and effect immediately upon its approval. Sec. 7. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Unlawful to maintain disreputable houses within 400 yards of any school or church. |
Chap. LVI.An Act to amend section one of an Act entitled An Act to amend an Act entitled An Act to regulate houses of prostitution, dance houses, and houses where beer, wine or spirituous liquors are sold, approved February 26, 1887, approved March 7, 1889.
[Approved March 11, 1903.]
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 1. It shall be unlawful for any owner, or agent of any owner, or any other person, to keep any house of ill-fame, or to let or rent to any person whomsoever, for any length of time whatever, to be kept or used as a house of ill-fame, or resort for the purposes of prostitution, any house, room or structure situated within four hundred yards of any school house or school room used by any public or common school in the State of Nevada, or within four hundred yards of any church edifice, building or structure, erected for and used for devotional services or religious worship in the State of Nevada. |
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Chap. LVII.An Act to provide relief for William Kinney.
[Approved March 11, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three hundred and eighty ($380) dollars is hereby appropriated out of the General Fund of the State Treasury to be paid to William Kinney for services as Bailiff of the Supreme Court for the years 1901 and 1902. |
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the State Treasury to be paid to William Kinney for services as Bailiff of the Supreme Court for the years 1901 and 1902. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of said William Kinney for the amount named in this Act, and the State Treasurer is hereby directed to pay the same. |
Relief of William Kinney. Controller to draw warrant. |
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Chap. LVIII.An Act to grant the right of way to C. S. Lemon and associates, for the construction of a railroad through the Counties of Esmeralda and Nye, State of Nevada, and other matters relating thereto.
[Approved March 12, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The right of way, not to exceed two hundred (200) feet in width, to lay out, construct and operate a line of railroad, to keep in repair and use the same by running thereon cars propelled by steam for convenient and profitable use thereon, by such route as may be deemed most feasible and advantageous, from a point on the Carson and Colorado Railroad, at the Rhodes Salt Marsh, Esmeralda county, State of Nevada, or as near thereto as practicable, to the Town of Tonopah, Nye county, State of Nevada, is hereby granted to C. S. Lemon and his associates and assigns for the term of fifty (50) years; provided, that the construction of said road shall be commenced within four (4) months from the date of the passage of this Act, and shall be completed within fifteen (15) months thereafter; said railroad shall not be less than thirty-six (36) inches nor more than fifty-six and one-half (56 1/2) inches in width. Sec. 2. The party aforesaid, his associates or assigns may, in the construction of said road, use rails therefor and thereon of iron or steel, of such form and dimension as in their judgment they may deem proper. Sec. 3. It shall be lawful, for the parties aforesaid and their assigns, to charge and receive for fares and freights at the rates now established, or which may hereafter be established, by law, for transportation over said railroad. Sec. 4. The said party, his associates and assigns, in the conduct and management of said railroad, shall have all the powers and be subject to all the liabilities contained in an Act of the Legislature of this State entitled An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved March 22, 1865, so far as the same are consistent with the provisions of this Act; provided, that unless the grantees under this Act shall within four (4) months from the passage hereof commence work upon said railroad and prosecute the same to completion within the time prescribed in Section 1 of this Act, |
Right of way for railroad granted to C. S. Lemon and others.
Time of commencement of work.
Iron or steel rails to be used.
Fares and freights.
Subject to legislative action in certain cases. |
κ1903 Statutes of Nevada, Page 84 (CHAPTER 58)κ
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time prescribed in Section 1 of this Act, the franchises and tights therein granted shall be forfeited; and provided further, that the Legislature of the State of Nevada reserves the right to regulate fares and freights, and to revoke this franchise for what may appear to them to be good reasons. |
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Relief of P. B. Ellis
Controller to draw warrant. |
Chap. LIX.An Act to provide for the relief of P. B. Ellis.
[Approved March 12, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred dollars ($100) is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, to be paid to P. B. Ellis, for extra services performed in the office of the Secretary of State, during the year 1902. Sec. 2. The State controller is hereby directed to draw his warrant in favor of the said P. B. Ellis for the amount named in this Act, and the State Treasurer is hereby directed to pay the same. |
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Right of way for railroad granted to R. Kirman and others.
Limitation of right granted subject to legislative action. |
Chap. LX.An Act to grant the right of way to Richard Kirman and his associates, for the construction of a railroad through the Counties of Ormsby and Douglas, in the State of Nevada, and matters pertaining thereto.
[Approved March 12, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The right of way to locate, construct, maintain and operate, either by steam or electric motive power a narrow or broad-gauge railroad with iron or steel rails, by such route as they may deem most feasible and advantageous, from a point in Carson City, Ormsby county, Nevada, to a point in or near the Town of Gardnerville, Douglas county, Nevada, and thence along the West Fork of Carson river, to the California State line, is hereby granted to Richard Kirman and his associates for the term of fifty years; provided, that the construction of said railroad shall be commenced within one year from the date of the passage of this Act, and shall be completed within two years thereafter. Sec. 2. The said Richard Kirman, his associates and assigns, shall have all the rights, privileges, and franchises conferred upon railroad companies incorporated in this State by the provisions of An Act to provide for the incorporation of railroad companies and the management of the affairs thereof, and other matters relating thereto, approved March 22, 1865, |
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22, 1865, and the Acts amendatory thereof or supplemental thereto, so far as the same are consistent with the provisions of this Act; provided, however, that the Legislature of the State of Nevada reserves the right to regulate fares and freights, and to revoke this franchise for what may be deemed by them good reasons. |
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Chap. LXI.An Act to provide for preventing the spread of contagious diseases.
[Approved March 12, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever it shall come to the knowledge of the County Commissioners of any county in the State of Nevada, or to any one of them, that any case of smallpox or any other highly contagious disease exists in such county, said County Commissioners shall meet and take all necessary and proper steps to prevent the spread of such disease. The Commissioner living nearest the place at which such disease first appears shall act for the Board of County Commissioners till a meeting can be held, but shall notify the other members of the Board immediately, by telegraph if possible, requesting a meeting, and when such meeting shall be held, he shall report his actions, which shall be confirmed by such Board if found to be reasonable and necessary to prevent the spread of such disease. Sec. 2. The Board of County Commissioners may, and it shall be their duty, to adopt and enforce quarantine regulations in any and all cases of contagious disease appearing in their county, including the placing under quarantine of buildings, ranches, or towns; and upon the appearance of a highly contagious disease, they shall appoint whatever quarantine officers may be needed, and provide whatever buildings, medicines, disinfectants, and provisions may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available; provided, however, each patient shall, if able, pay for his own food, medicines, clothes, and medical attendance. Sec. 3. The object of this Act is to prevent the spread of any and all contagious diseases among human beings, from the place of origin in each county and from one county into another, and it shall be so construed by the various Boards of County Commissioners and by the Courts within this State, in order to protect the inhabitants thereof. Sec. 4. Failure by any person to obey the provisions of this Act, or any of them, shall be a misdemeanor. Sec. 5. Failure to obey the quarantine regulations adopted by the Board of County Commissioners in any county in this State shall be a misdemeanor. The Board of County Commissioners shall, however, when formulating such regulations, consult with the County Board of Health, if there be any, or with the County Physician, if there be any, or with the State Board of Health when practicable, but, when there is need of prompt action, shall act upon their own judgment temporarily at least. |
Duties of County Commissioners relative to contagious diseases.
To appoint quarantine officers and provide buildings for patients.
Object of Act to prevent spread of diseases.
Misdemeanor.
To consult with Board of Health and County Physician. |
κ1903 Statutes of Nevada, Page 86 (CHAPTER 61)κ
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Lawful to confine patient, when.
State Board of Health to adopt regulations.
Misdemeanor.
Punishment. |
Commissioners shall, however, when formulating such regulations, consult with the County Board of Health, if there be any, or with the County Physician, if there be any, or with the State Board of Health when practicable, but, when there is need of prompt action, shall act upon their own judgment temporarily at least. Sec. 6. It shall be lawful to confine any patient for a reasonable time, or any other person who violates the quarantine regulations made by the Board of County Commissioners, if such confinement is thought to be necessary to prevent the spread of disease. Sec. 7. The State Board of Health may adopt reasonable quarantine regulations for the guidance of the Boards of County Commissioners, and such regulations shall be enforced as supplementary to the provisions of this Act. Sec. 8. Any person convicted of a misdemeanor under the provisions of this Act shall be punished by a fine of not more than five hundred dollars ($500) or imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. |
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Womans Christian Temperance Union may incorporate.
Articles to contain certain clauses.
Articles to be filed with Secretary of State. |
Chap. LXII.An Act to incorporate the Womans Christian Temperance Union of Nevada.
[Approved March 12, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the State Womans Christian Temperance Union of Nevada may be incorporated in pursuance to the provisions of this Act. Sec. 2. The President, Vice-President, Secretary and Treasurer of the Womans Christian Temperance Union of Nevada, and any number of persons being members of the Womans Christian Temperance Union of Nevada, may make and execute an article of association under their hands and seals, which articles of association shall be acknowledged before some officer of this State authorized to take acknowledgments of deeds and shall set forth: First-The names of persons associating and their places of residence. Second-The corporate name by which the corporation shall be known. Third-The object and purpose of such association and the period for which it is incorporated, which shall not exceed fifty years. Sec. 3. A copy of said articles of incorporation shall be filed in the office of the Secretary of State and thereupon the persons who shall sign such articles of incorporation, their associates and successors shall be a body politic and corporate by the name expressed in such articles of association, |
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rate by the name expressed in such articles of association, and by that name they and their successors shall have succession and shall be persons in law capable to purchase, take and receive, hold and enjoy, to them and their successors, estates, real and personal, of suing and being sued, and they and their successors may have a common seal, which may be changed and altered at their pleasure; provided, that the value of their real and personal property shall not exceed the sum of one hundred thousand dollars and that they and their successors shall have authority and power to give, grant, sell, lease, devise, mortgage, and dispose of said real and personal estate or any part thereof, at their will and pleasure, and the proceeds, rents, and increase shall be devoted to the charity and benevolent purposes of the Womans Christian Temperance Union. Such corporation shall have full power and authority to make and establish rules, regulations and by-laws for regulating and governing all the affairs and business of said corporation, not contrary to the laws of the State and of the United States, and to designate, elect or appoint from among their members such officers under the names and style as shall be in accordance with the constitution or charter of such society, who shall have the supervision, control and management of said corporation. Sec. 4. A copy of the record of such articles of incorporation under the seal of the State and duly certified to by the Secretary of State shall be prima facie evidence in all counties of this State of the existence and organization of such incorporation. Sec. 5. Any corporation formed in pursuance with this Act may erect and own suitable edifices, buildings or halls as such corporation shall deem suitable, and for that purpose may create a capital stock of not more than one hundred thousand dollars, and any such corporation may take, purchase, hold and own a suitable lot or parcel of ground in any lawful established cemetery, for the interment of the deceased members of said incorporation, and all property belonging to the said incorporation shall be exempt from taxation. Sec. 6. Any corporation formed under the provisions of this Act shall be subject to the provisions of the general laws of this State relating to corporations so far as the name may be applicable to corporations formed under this Act. |
Limitation as to value of property.
Powers of incorporation.
Certified copy of record to be prima facie evidence.
May erect and own certain property.
Subject to general incorporation law when applicable. |
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Non-judicial days enumerated.
Certain judicial acts may be performed on non-judicial days. |
Chap. LXIII.An Act to amend An Act to amend an Act entitled an Act to amend an Act entitled An Act to amend an Act concerning the Courts of Justice of this State and judicial officers, approved January 26, 1865, approved January 31, 1866, approved March 1, 1883, approved March 2, 1891.
[Approved March 12, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section fifty of said Act is hereby amended so as to read as follows: Section 50. No Court shall be open, nor shall any judicial business be transacted on Sunday, on New Years Day, on Washingtons Birthday, Lincolns Birthday, on the thirtieth of May, commonly known as Memorial Day, on the Fourth of July, on the thirty-first day of October, to be known as Admission Day, on Thanksgiving Day, on Christmas Day, on the first Monday of September of each year known as Labor Day, or on a day on which the general election is held, except for the following purposes: First-To give, upon their request, instructions to a jury then deliberating on their verdict. Second-To receive a verdict or discharge a jury. Third-For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. Fourth-For the issue of a writ of attachment, which writ may be issued on each and all of the days above enumerated upon the plaintiff or some person in his behalf, setting forth in the affidavit required by law for obtaining said writ, the additional averment as follows: That the affiant has good reason to believe, and does believe that it will be too late for the purpose of acquiring a lien by said writ to wait till a subsequent day for the issuance of the same. And all proceedings instituted, and writs issued and official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made, under any by virtue of said writ. |
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Chap. LXIV.An Act to authorize the County Commissioners of Washoe County, Nevada, to issue bonds to provide for the payment of certain outstanding indebtedness of said county, to pay for the construction of a new county hospital for said county, and to pay for the repairing and improving of the Court House of said county, and to provide for the payment of the same.
[Approved March 12, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of taking up the outstanding indebtedness now owing by Washoe county, and for the purpose of providing for the payment for the construction of a new county hospital building for said county, and for the purpose of providing for the payment of repairing and improving the Court House of said county, 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 fifty thousand dollars, for the following uses, to wit: Thirty thousand dollars to be used for the purpose of redeeming the county scrip now outstanding against the General Fund of said county, and for the purpose of repairing and improving the Court House of said county, which bonds shall be known as the Court House Building bonds. Twenty thousand dollars to be used for the purpose of constructing, equipping and furnishing a new county hospital building for said county, which bonds shall be known as the County Hospital bonds. Sec. 2. The said Commissioners shall cause said bonds or as many thereof as they may deem necessary, 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 representing the several installments of interest to fall due thereon, shall be attached to each bond so they may be removed without injury to the bond, numbered consecutively, and signed by the County Treasurer. Sec. 3. The said Commissioners are hereby authorized to negotiate the sale of said bonds at not less than their face or par value, the proceeds of which shall be placed in the following funds and for the purposes only as are heretofore mentioned in this Act, as follows, to wit: Twenty thousand dollars shall be placed in the General Fund of Washoe county; twenty thousand dollars, or so much thereof as may be deemed necessary, shall be placed in what shall be known as the County Hospital Fund, and ten thousand dollars shall be placed in what shall be known as the Court House Building Fund. The said moneys so received into the last two funds mentioned in this section shall be paid out only on warrants drawn by the County Auditor in payment of bills contracted in pursuance of the provisions of this Act as other bills against the county are allowed and paid. |
County Commissioners of Washoe County to issue bonds for certain purposes under certain limitations.
Duties of Board of Commissioners.
Coupons attached.
To negotiate sale of bonds.
Appropriation of money. |
κ1903 Statutes of Nevada, Page 90 (CHAPTER 64)κ
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Denomination of bonds.
Interest.
County Commissioners to levy tax for payment of bonds and interest thereon. |
contracted in pursuance of the provisions of this Act as other bills against the county are allowed and paid. Sec. 4. The said bonds shall be of the denomination of one thousand dollars each; they shall be numbered consecutively, and shall bear interest at the rate of not to exceed five per cent per annum, said interest payable on the second Monday of December of the next succeeding year in which such bonds or any of them shall have been issued, and every twelve months thereafter; and on the second Monday of December of the year next succeeding after the issuance of such bonds or any of them, and every twelve months thereafter, one of said bonds issued on the County Hospital Fund, and one of said bonds issued on the Court House Building Fund, shall be redeemed and paid, until all of said bonds so issued shall have been fully taken up and satisfied. Sec. 5. To provide for the payment of the said bonds and the interest thereon, herein authorized to be issued, the said Board of County Commissioners shall in the year one thousand nine hundred and four (1904) and annually thereafter, at the time of levying taxes for State and county purposes and in the same manner, levy a special and additional tax upon all the property within Washoe County, sufficient, in their judgment, to provide for the payment of the interest annually due on said bonds, and sufficient to redeem, take up, and pay the bonds herein directed to be annually so taken up, redeemed and paid. The said taxes shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him apportioned to the respective funds to which they belong in accordance with the said levy. At the maturity of said bonds and coupons thereon, they shall be paid by the County Treasurer out of the respective funds on which they are drawn, and which are herein provided for. No interest shall be allowed or paid on any of said bonds after they have become due and payable, and after presentation and surrender to the County Treasurer they shall be by him destroyed. |
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Unlawful to conduct certain games without payment of license. |
Chap. LXV.An Act regulating within this State bookmaking on horse races, prize fights, or any games conducted outside of this State.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made unlawful for any person or persons in this Sate to engage in, conduct or carry on any bookmaking on horse races, prize fights or any games conducted outside of this state without having first paid a license therefor in the sum of one hundred dollars for the first month and seventy-five dollars for each succeeding month; provided, it shall not be lawful in any event for any person or persons to engage in, conduct or carry on bookmaking on any such horse races, prize fights or other games conducted outside of the State, on the first or ground floor of any building; and provided further, that this Act shall only apply to cities or towns in counties which county polled two thousand or more votes at the last preceding general election. |
κ1903 Statutes of Nevada, Page 91 (CHAPTER 65)κ
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it shall not be lawful in any event for any person or persons to engage in, conduct or carry on bookmaking on any such horse races, prize fights or other games conducted outside of the State, on the first or ground floor of any building; and provided further, that this Act shall only apply to cities or towns in counties which county polled two thousand or more votes at the last preceding general election. Sec. 2. Any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall each be fined in the sum of three hundred dollars, or imprisoned in the county jail for the period of six months, or by both such fine and imprisonment. Sec. 3. This Act shall be in full force and effect immediately after its approval. |
To apply only to certain cities and towns.
Misdemeanor. Punishment.
Date of effect of Act. |
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Chap. LXVI.An Act to protect and promote the horticultural interests of the State and to destroy insect pests in orchards and elsewhere.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever a petition is presented to the Board of County Commissioners of any county, and signed by twenty or more persons who are resident freeholders and possessors of an orchard, or both, stating that certain or all orchards or nurseries, or trees of any variety, are infested with scale insect of any kind injurious to fruit, fruit trees or vines, or are infested with codlin moth or other insects or pests that are destructive to trees or vines, and praying that a Commissioner be appointed by them whose duty it shall be to supervise the destruction of such insects or trees as herein provided, the Board of County Commissioners shall, within twenty days after the presentation of such petition, select and appoint a Commissioner for the county, who shall be known as the County Horticultural Commissioner. The said Commissioner shall serve for a period of two years from and after the date of his appointment and qualification, or, unless he shall be sooner removed by order of said Board of County Commissioners. Sec. 2. It shall be the duty of the County Horticultural Commissioner in each county, whenever he shall deem it necessary, to make or cause to be made an inspection of any orchard, or nursery, or trees, or any fruit-packing house, store-room, sales-room, or any other place in his jurisdiction, and if found infested with scale bug, codlin moth or other insect pests injurious to fruit, fruit trees, trees or vines, he shall notify the owner or owners, or person or persons in charge or possession of said trees or place, as foresaid, that the same are infested with the said insects, or any of them, or their eggs or larvae, and he shall require such person or persons to disinfect or destroy the same within a certain time, to be specified. |
County Horticultural Commissioner to be appointed upon petition.
Duties of County Horticultural Commissioners. |
κ1903 Statutes of Nevada, Page 92 (CHAPTER 66)κ
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Notice to be in writing.
Nuisance to fail to apply treatment.
County divided into districts.
Compensation of County Horticultural Commissioner. |
or their eggs or larvae, and he shall require such person or persons to disinfect or destroy the same within a certain time, to be specified. If within such specified time such disinfection or destruction has not been accomplished, the said person or persons shall be required to make application of such treatment, for the purpose of disinfection or destruction of such insect pests, scale bug or codlin moth, as may be prescribed by said Commissioner. Sec. 3. The notice provided for in Section 2 shall be a written notice and may be served upon the person or persons owning or having charge or possession of such infested trees or places, or articles as aforesaid, by the Commissioner or by any person deputed by him for that purpose; or they may be served in the same manner as a summons in a civil action. If the owner or owners, or any person or persons in charge or possession of any orchard, or nursery or trees or places, or articles infested with the said insects, or any of them, or their larvae or eggs, after having been notified as above to destroy the same, or make application of treatment as directed, shall fail, neglect or refuse so to do, he or they shall be deemed guilty of maintaining a public nuisance, and any such orchards, nurseries, trees, or places, or articles thus infested shall be adjudged and the same is hereby declared to be a public nuisance, and may be proceeded against as such. If the owner or owners, persons or persons aforesaid, be found guilty, the Court shall direct the aforesaid County Horticultural Commissioner to abate the nuisance. All the expenses or liabilities incurred in such proceeding, together with the costs, shall or may be a lien upon the real property of the defendant, or property proceeded against. Sec. 4. Said Horticultural Commissioner shall have power to divide the county into districts and to appoint a local inspector for each of said districts who shall be known as District Horticultural Inspectors, who shall serve without compensation and who shall be subject to the supervision and control of the County Horticultural Commissioner, and whose authority may at any time be revoked. The County Horticultural Commissioner, or his local inspectors, shall have full power and authority to enter into any orchard, nursery, or place or places where trees or plants are kept and offered for sale or otherwise, or any house, store-room, sales-room, depot, or any other such place in their jurisdiction, to inspect the same or any part thereof. Sec. 5. The County Horticultural Commissioner shall be paid for each day actually engaged in the performance of his duty under this Act, which amount or amounts shall be payable out of the county treasury of his county. The amount of compensation shall be fixed and determined by resolution of the Board of County Commissioners, prior to the time of appointing such County Horticultural Commissioner. |
κ1903 Statutes of Nevada, Page 93 (CHAPTER 66)κ
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Sec. 6. Before the person appointed as County Horticultural Commissioner enters upon the discharge of his duties, or at any time thereafter, the Board of County Commissioners may require a bond of such appointee, which bond shall be conditioned for the true and faithful performance of the duties of such appointee hereunder, and which bond shall be in an amount with sureties, to be fixed and approved by said Board of County Commissioners. Sec. 7. If the County Horticultural Commissioner of any county shall fail or neglect to perform the duties of his office as required by this Act, he may be removed, and the District Attorney of such county may institute a civil action to recover from the sureties on such bond all damages occasioned by such failure or neglect, or any person aggrieved thereby shall have a right of action upon such bond against the sureties thereon. In case of removal of such County Horticultural Commissioner, or of vacancy, occasioned by death, resignation, or otherwise, the County Commissioners may fill such vacancy thus formed, by appointment. Sec. 8. It shall be the duty of the County Horticultural Commissioner to keep a true and accurate record of his and his local inspectors official acts hereunder, and to make a quarterly report to the Board of County Commissioners, and they may withhold any compensation due such Commissioner until such time as such report is made. Sec. 9. All Acts and parts of Acts in conflict with the above are hereby repealed. |
County Horticultural Commissioner to furnish bond.
County Horticultural Commissioner may be removed.
County Horticultural Commissioner to make report.
Repealing clause. |
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Chap. LXVII.An Act to require certain county officers to keep their offices open for the transaction of public business during certain hours of certain days.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Clerk, District Attorney, County Recorder, and Sheriff, of every county in this State, wherein were polled at the last general election in said county less than eight hundred votes, and more than two hundred votes, shall each keep their offices open for the transaction of public business, from nine oclock in the forenoon to twelve oclock noon, and from one oclock to four oclock in the afternoon, of each and every day, except non-judicial or legal holidays, as enumerated in Section 2550 of Cuttings Compiled Laws, and each of said officers shall attend his said office during said hours, in person, or by a competent deputy [for which service he shall not be entitled to receive any competent deputy], for which service he shall not be entitled to receive any compensation in addition to that now allowed by law; |
Certain county officers to keep offices open between certain hours. |
κ1903 Statutes of Nevada, Page 94 (CHAPTER 67)κ
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Penalty.
Office to be declared vacant, when.
Manner of filling.
To take effect. |
provided, however, that nothing in this Act shall affect any officer who is absent from his office attending to other legal duties. Sec. 2. For a violation of section one of this Act the person so convicted shall be fined in any sum not less than one hundred dollars, and not more than two hundred dollars, and in addition to said fine, be removed from office for the remainder of his term. Sec. 3. Whenever any person shall have been convicted of a violation of section one of this Act, the Justice of the Peace before whom said person shall have been convicted shall, forthwith, deliver to the Clerk of the Board of the County Commissioners of the county, a certified copy of the judgment of conviction, and at the next meeting of the Commissioners they shall require their Clerk to spread the copy of judgment of the Justices Court in full on their minutes, and shall, then and there, declare the office of the person so shown to have been convicted vacant, and the vacancy shall be filled by said Board in the same manner as other vacancies in like offices are now filled. Sec. 4. This Act shall take effect from and after the first day of May, 1903. |
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Preamble.
Appropriation of $2,000.
To be paid monthly. |
Chap. LXVIII.An Act for the relief of Wellington Bowen.
[Approved March 13, 1903.]
PREAMBLE.
Whereas, On the first day of December, one thousand eight hundred and seventy, Wellington Bowen displayed marvelous heroism in the defense of the State Prison and, at the immiment peril of his own life, defended the officers and guards from the infuriated convicts, thereby preventing a general outbreak of the prisoners, received a wound upon the head from a slungshot in the hands of a prisoner, which disabled him for life; and Whereas, Said Bowen, from the effects of said wound, is now and for a long time has been, unable to labor for his own support, and is utterly helpless and indigent; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand ($2,000) dollars or so much thereof as may be necessary to be used and paid as hereinafter specified is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, for the benefit of the said Wellington Bowen. Sec. 2. It shall be the duty of the State Controller to draw his warrant in favor of Wellington Bowen, on the State Treasurer, for the sum of not less than thirty-five ($35) dollars nor more than fifty ($50) dollars, for each and every month during the lifetime of the said Wellington Bowen, or until the said sum of two thousand ($2,000) shall be fully exhausted. |
κ1903 Statutes of Nevada, Page 95 (CHAPTER 68)κ
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month during the lifetime of the said Wellington Bowen, or until the said sum of two thousand ($2,000) shall be fully exhausted. |
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Chap. LXIX.An Act to amend an Act entitled An Act to provide for a more uniform valuation and assessment of property in this State, approved March 16, 1901.
[Approved March 13, 1903.]
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 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 second Monday in January of each year, and shall at such meetings establish a valuation through the State of all railroads and rolling stock of such railroads, of all telegraph and telephone lines, of all electric light and power lines, of all cattle and sheep, and upon all other kinds of property which in the judgment of said Assessors can be valued and assessed more uniformly by said Assessors, acting collectively, than by the several County Assessors acting separately; 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 the County Assessors as provided in this section; but the said County Board of Equalization shall not have the power to equalize any property upon which a valuation has been placed by the said Board of County Assessors; 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. Section two of said Act is hereby amended to read as follows: Section 2. At such meetings the Governor shall be the Chairman and the Governors Secretary shall be the Clerk. The Governor shall have the casting vote in case of a tie. The State Controller shall supply all information and data concerning the finances of the State, either on his own motion or by request of the Board. Eight Assessors shall constitute a quorum for the transaction of business, and a majority of the entire Board shall decide any question before the meeting; provided, that in case of a tie on any question before the Board, the Chairman shall cast the deciding vote; and it is hereby made the duty of every Assessor present at the meeting of said Board to vote aye or no, upon every question put by the Chairman of said meeting, |
Assessors to meet at Carson City on second Monday of January of each year.
To establish uniform valuation.
Proviso.
Governor to act as Chairman; Controller to supply information.
Eight Assessors to constitute a quorum. |
κ1903 Statutes of Nevada, Page 96 (CHAPTER 69)κ
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When Chairman of Board of County Commissioners to act.
Penalty for Assessor failing to attend.
Valuation fixed to be actual cash value.
Valuation fixed at meeting to be uniform. |
by the Chairman of said meeting, and every Assessor failing so to do shall forfeit his office and shall be proceeded against by the District Attorney of said Assessors county, at the request of the Attorney-General to enforce said forfeiture; 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 the County Commissioners of such counties shall attend such meeting, and shall act and vote in the place of such absent Assessor, with the same force and effect as such Assessor might do if present, and the Governor or acting Chairman of said meeting shall be and hereby is authorized to issue a subpoena for the attendance of any Assessor who shall fail to attend, unless excused by the provisions of this Act. And he is hereby further empowered to deputize anyone who is qualified by law to serve a summons to serve the same; 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 State Controller shall act as Chairman, and in case the State Controller shall also be absent, then the Attorney-General shall act as Chairman and as such Chairman shall have all of the powers herein granted to the Governor acting as such Chairman. Any Assessor who shall fail to attend the meetings provided for in section one, unless he is prevented by sickness or other unavoidable cause, shall be subject to a penalty of $500, to be collected in a suit instituted against said delinquent Assessor or his bondsmen by the District Attorney of the county of said Assessor, on the request of the Attorney-General; and shall be further subject to removal from office, should a majority of the State Board of Revenue hereinafter created order proceedings to that effect to be instituted. Sec. 3. Section four of said Act is hereby amended so as to read as follows: Section 4. The valuation fixed at such annual meetings shall be the actual cash value of all such property as may be designated, as now provided by law, taking into consideration the locality of such property, and the Assessors of the several counties shall assess and enter upon the assessment rolls of their respective counties all such property at the valuation designated by such meeting of County Assessors, and shall fix the value and assess all property not so valued at said meeting in the manner now provided by law. Sec. 4. Section five of said Act is hereby amended so as to read as follows: Section 5. The valuation fixed at such annual meetings shall be uniform on all such property as may be designated, except in cases where the value is affected by its locality or other consideration affecting its cash value; and the Assessors of the several counties of the State shall fix values on all property not so valued at said annual meeting, in the manner now provided by law. |
κ1903 Statutes of Nevada, Page 97 (CHAPTER 69)κ
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property not so valued at said annual meeting, in the manner now provided by law. Sec. 5. Section eleven of said Act is hereby amended so as to read as follows: Section 11. It shall be the duty of each County Assessor to fix the valuation of all property which may be assessed by him at the valuation placed upon the same kind of property at the regular annual meeting of Assessors for the State. Sec. 6. Section thirteen of said Act is hereby amended so as to read as follows: Section 13. Should any Assessor in this State neglect to assess property in accordance with the provisions of this Act, or laws now in force or effect, or place a greater or less valuation on any property that has been fixed at said meeting of Assessors, the State Board of Revenue, which is hereby created, consisting of the Governor, State Controller and Attorney-General, shall instruct the District Attorney of said Assessors county to bring suit against such Assessor and his bondsmen for the sum of five hundred dollars as a penalty therefor, which said sum, when collected, shall be paid into the General Fund of the State Treasury, and such Board may instruct the Attorney-General to request the District Attorney of said Assessors county to institute suit against such Assessor for his removal from office for such neglect or refusal. The suit shall be tried in the District Court having jurisdiction in the county where property is situated. Sec. 7. All Acts and parts of Acts in conflict with the provisions of this Act as herein amended are hereby repealed. |
Duty of County Assessor.
Neglect of Assessors.
Suit, when to be instituted against Assessor and bondsmen.
Removal of Assessor from office.
Repealing clause. |
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Chap. LXX.An Act to amend section one of an Act entitled An Act to amend an Act entitled An Act to restrict gaming and to repeal all other Acts in relation thereto, approved March 8, 1879, approved February 23, 1893.
[Approved March 13, 1903.]
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 7. The licensee shall not carry on any of said games in any front room on the first or ground floor or first story of any building; provided, that in any county in which, at the general election next preceding the time of application for any license hereunder, were polled more than two thousand (2,000) votes, or in any county created after said general election, none of the above named games shall be carried on, nor shall any license issue to carry on the same, in any room of the first floor or first story of any building, and all licenses hereafter issued in any of the last named counties shall only authorize and permit the carrying on of any of said games in the second story of any building above the grade of the street upon which such building is situated. |
Not to carry on games on first floor, in certain counties. |
κ1903 Statutes of Nevada, Page 98 (CHAPTER 70)κ
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Misdemeanor to admit any person under 21 years of age.
Punishment.
To take effect. |
authorize and permit the carrying on of any of said games in the second story of any building above the grade of the street upon which such building is situated. If any person carrying on any of said games shall knowingly permit to enter or remain in any licensed room, any person under the age of twenty-one years, or shall carry on any of said games in any floor or story not authorized by this section, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one thousand nor more than three thousand dollars or by imprisonment in the county jail not less than three months nor more than nine months or by both such fine and imprisonment. Sec. 2. This Act shall take effect and be in force on and after the first day of June, A. D. 1903. |
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Humboldt county prisoners in certain cases to be imprisoned at Lovelock.
Proviso. |
Chap. LXXI.An Act to authorize the Board of County Commissioners of Humboldt County to provide for the imprisonment of certain prisoners in the branch county jail at the Town of Lovelock in said county.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Humboldt county are hereby authorized, by an order to be entered in their minutes, to provide that persons charged with or convicted of a misdemeanor in the western townships of said Humboldt county may be imprisoned in the branch county jail of said county, at the town of Lovelock in said county, instead of the county jail at Winnemucca; provided, that nothing in said order shall prohibit any Judge or Justice of the Peace before whom such conviction may be had, from ordering any such prisoner to be imprisoned in the county jail at Winnemucca where the public safety or the safety of such prisoner may require it. |
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Time of payment of certain State bonds. |
Chap. LXXII.An Act supplemental to an Act entitled An Act authorizing a State loan, approved March 6, 1893.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The period of the loan and the time of the payment of any and all bonds that have been issued under and by authority of an Act entitled An Act authorizing a State loan, approved March 6, 1893, are hereby extended for ten years, upon the same terms, interest and conditions as the original loan. |
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κ1903 Statutes of Nevada, Page 99κ
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Chap. LXXIII.An Act to pay the deficiencies in the appropriations for the years 1900, 1901 and 1902.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of sixty-two dollars and twenty-two cents ($62 22) is hereby appropriated out of any moneys in the General Fund, not otherwise appropriated, of the State, for the payment of deficiencies in the appropriations for the years A. D. 1900, 1901 and 1902, as follows: Wells, Fargo & Co., $31 76; California Institution for the Deaf, Dumb, and the Blind, $30 46. 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. |
Deficiencies, payment of.
State Controller to draw warrant. |
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Chap. LXXIV.An Act to prevent the spread of contagious diseases among live stock of the State of Nevada, and to quarantine against other States or infected districts.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever, upon the application of ten or more citizens of this State to the Governor, asking for a proclamation of quarantine against any State or States, district or districts, infected by contagious diseases prevailing among live stock of said States or districts, the Governor may issue a proclamation giving notice to such State or district, by mailing to the Governor of said State or States, district or districts, where such disease exists, a copy of said proclamation in which it shall be stated that all diseased or infected, and all stock having been exposed to any infectious or contagious disease or diseases, are prohibited from entering within the borders of this State during the time of quarantine; provided, that said prohibition shall not apply to any stock being transported through and beyond the limits of this State by any railroad company by permit or authority granted by any agent or inspector acting under the instruction and authority of the United States Government. Sec. 2. The Governor shall at all times have the power to employ a veterinary surgeon to investigate epidemic and contagious diseases affecting live stock in this State. Sec. 3. Any person who, in violation of the quarantine regulations expressed in Section 1 of this Act by bringing the live stock into this State from the State or district so quarantined, |
Proclamation of quarantine, how and when issued.
Proviso as to stock affected.
Governor to employ veterinary surgeon. |
κ1903 Statutes of Nevada, Page 100 (CHAPTER 74)κ
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Misdemeanor.
Penalty. |
quarantined, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars and not more than two thousand dollars, together with all the costs of treatment and disinfection, and the stock so treated and disinfected shall be held by the veterinary surgeon appointed by the Governor for the full cost of treatment and fine imposed and shall not be released until both fine and costs are paid. |
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Preamble.
State of Nevada to be exhibitor at St. Louis Exposition. Board of Commissioners to be appointed by Governor.
Duties and term of office.
Ladies may be ex officio members.
Compensation of manager. |
Chap. LXXV.An Act entitled an Act to provide for the collection, arrangement, and display of the products of the State of Nevada at the Worlds Fair, St. Louis, Louisiana Purchase Exposition, to be held at the City of St. Louis and State of Missouri, May 1 to November 1, 1904, and to make an appropriation therefor.
[Approved March 13, 1903.]
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:
Section 1. That the State of Nevada, together with its citizens, shall be exhibitors at the Worlds Fair, St. Louis, Louisiana Purchase Exposition, to be held in the City of St. Louis and State of Missouri during the year 1904. Sec. 2. That there is hereby created a Board of Commissioners composed of three members, one of which shall be the Governor of the State of Nevada and two others appointed by the Governor, to be known as the Worlds Fair, St. Louis, Louisiana Purchase Exposition Commissioners of Nevada. They shall be selected as being thoroughly familiar with the resources and products of the State, 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 office from the day of their appointment until December 31, 1904, 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 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 St. Louis 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 and thirty-three and one-third cents per day for his sustenance for each day he is necessarily absent from his home in the actual discharge of his duties as manager of said exhibit. |
κ1903 Statutes of Nevada, Page 101 (CHAPTER 75)κ
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lars and thirty-three and one-third cents per day for his sustenance for each day he is necessarily absent from his home in the actual discharge of his duties as manager of said exhibit. Sec. 4. At the close of said exposition the said Board shall have power to sell such exhibits as is proper to the best advantage to 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 such 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 the said Commission shall forward all such articles as they may deem worthy of exhibition to St. Louis. The necessary freight or express charges from said points to and from St. Louis 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. Sec. 7. To carry out the provisions of this Act the sum of twenty thousand ($20,000) dollars out of any money in the General Fund of 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 Worlds Fair, St. Louis, Louisiana Purchase Exposition Fund. All expenditures of money from said fund shall be under the direction and control of the said Board of Commissioners. Sec. 8. Said fund hereby created may be drawn upon by said Board of Commissioners in Nevada in advance of actual expenditure, when made to appear to be necessary, upon application to and approval by the State Board of Examiners of this State, properly certified by said Board of Examiners, to the State Controller, who shall thereupon draw his warrant for the amount on the State Treasurer payable out of the above Worlds Fair Fund, in favor of the above Board of Worlds Fair 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 provisions of this Act shall be certified by the Chairman of said Board of 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, |
Power of Board to sell exhibits, when.
Method of sending exhibits to Exposition.
Board of Commissioners to send articles. Appropriation of $20,000 for carrying out provisions of this Act.
Duties of State Board of Examiners.
Controller.
All claims to be certified by Board of Exposition Commissioners. |
κ1903 Statutes of Nevada, Page 102 (CHAPTER 75)κ
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Money remaining in hands of Board to revert to General Fund. |
vided for, the State Controller shall charge the amount to the above Board of Exposition Commissioners of Nevada, and any part of the above Exposition Fund created by this Act, not expended as herein provided, shall revert to the General Fund of the State of Nevada. |
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Relief granted to management State Agricultural Society.
Duties of Controller and State Treasurer. |
Chap. LXXVI.An Act for the relief of the State Board of Agriculture of the State of Nevada.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of four thousand eight hundred and twenty-nine dollars and sixty-six cents is hereby appropriated out of any money in the General Fund of the State, not otherwise appropriated, to pay a certain overdraft of three thousand five hundred dollars, and premiums amounting to one thousand three hundred and twenty-nine dollars and sixty-six cents, both amounts necessarily and unavoidably incurred by the State Board of Agriculture during the years A. D. nineteen hundred and one and nineteen hundred and two, in the management of the State Agricultural Society. Sec. 2. The State Controller is hereby authorized and required to draw his warrant in favor of the President of the State Board of Agriculture, for the sum named in section one of this Act, and the State Treasurer is hereby authorized and directed to pay the same. |
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Relative to bonds and duties of Commissioners and Funding Commissioners. |
Chap. LXXVII.An Act to refund the bonded indebtedness of Lincoln County.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Lincoln county may at any time, by an order duly made and entered upon its minutes at any regular meeting of said Board, authorize and direct that the Funding Commissioners of Lincoln county, hereinafter created, proceed to refund the bonded indebtedness of said county of Lincoln, which accrued under an Act entitled An Act to consolidate and fund the indebtedness of Lincoln county, approved February 17, 1873; provided, however, that they shall have first negotiated with the holders of the whole of said bonds for such refunding as hereinafter provided, and shall have ascertained that necessary money can be raised for such purposes; and provided further, that the whole of said indebtedness can be refunded for an amount not exceeding three hundred thousand dollars, |
κ1903 Statutes of Nevada, Page 103 (CHAPTER 77)κ
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for an amount not exceeding three hundred thousand dollars, and that said Commissioners shall have made arrangements whereby the money equal to the amount for which said debt is negotiated shall have been deposited in any banking institution acceptable to them, subject to their demand upon delivering to said bank new bonds of Lincoln county in any amount not exceeding three hundred thousand dollars, par value, bearing interest at a rate not exceeding five per cent per annum, or upon delivering to said bank new bonds of the county of Lincoln in any amount not exceeding six hundred thousand dollars, without interest, and said County Commissioners shall have the power to elect which class of bonds said Board of Funding Commissioners shall issue to accomplish the purposes of this Act; provided further, that immediately after said Board of County Commissioners shall have negotiated for the funding of said debt of Lincoln county, accrued under said Act, approved February 17, 1873, and shall have ascertained that the money with which to pay said indebtedness when surrendered can be had according to the provisions of this Act, they shall cause to be circulated among the resident taxpayers of said county a petition setting forth in substance the provisions of this section, and also the kind of bonds (interest bearing or non-interest bearing) they have decided to issue, setting forth the par value amount to be issued, and the interest, if any, to be paid thereon. They shall also cause a copy of said petition to be published in one or more newspapers of said county during the time said petition is in circulation, and for not less than thirty days. If said petition shall be signed by a majority of the resident taxpayers in the county as shown by the last preceding tax roll, said Board of County Commissioners shall make an order authorizing and directing said Board of Funding Commissioners to proceed with their duties in accordance with the provisions of this Act; but if said petition shall not be signed by a majority of the resident taxpayers of said county of Lincoln, then said bonds shall not be issued. Sec. 2. In order to refund the entire bonded indebtedness of the county of Lincoln, which accrued under the said Funding Act, approved February 17, 1873, for which bonds and coupons have been issued, the Chairman of the Board of County Commissioners, the Auditor and the County Treasurer of said county of Lincoln, and their successors in office, shall constitute and they are hereby created a Board of Commissioners to be known and styled as the Funding Commissioners of the county of Lincoln of the State of Nevada, and shall have and exercise the powers hereinafter provided. Sec. 3. If the County Commissioners of Lincoln county elect to refund the bonded indebtedness of said county which accrued under said Funding Act, approved February 17, 1873, by the issuance and sale of interest-bearing bonds, it shall be the duty of said Board of Funding Commissioners to cause to be prepared bonds the par or face value of which, however, shall not exceed the sum of three hundred thousand dollars. |
Duties of Commissioners further defined.
Creation of Board of Funding Commissioners.
To issue bonds in certain denominations. |
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To issue bonds.
When due and payable.
Commissioners to keep account.
Duties of County Auditor and Treasurer.
Coupons, what to contain. |
the duty of said Board of Funding Commissioners to cause to be prepared bonds the par or face value of which, however, shall not exceed the sum of three hundred thousand dollars. Said bonds shall be in denominations of one hundred, three hundred and five hundred dollars, and each and every bond purport in substance that the county of Lincoln, State of Nevada, owes the holder thereof a sum to be expressed therein, bearing the rate of interest directed by the Board of County Commissioners as negotiated by them, from the first day of the month and year on which they are issued; the interest to be paid upon presentation at the office of the County Treasurer, on the first day of January next succeeding the issuance of said bonds, and on the first day of January annually thereafter, until said bonds are paid and liquidated. If said County Commissioners elect to refund said bonded indebtedness by the issuance and sale of non-interest bearing bonds, it shall then be the duty of said Board of Funding Commissioners to cause to be prepared bonds, the face or par value of which, however, shall not exceed the sum of six hundred thousand dollars. Said bonds shall be in denominations of five hundred and one thousand dollars, and each and every bond purport in substance that the county of Lincoln, State of Nevada, owes the holder thereof the sum to be expressed therein, and in plain black letters, that said bond bears no interest. Said bonds shall be due and payable in lawful money of the United States, at the office of the County Treasurer of said county on or before the first day of January, 1925. Said bonds shall be signed by the Chairman of the Board of County Commissioners of said county, and countersigned by the County Auditor, and endorsed by the County Treasurer, and shall have the seal of the county affixed thereto. Sec. 4. It shall be the duty of said Funding Commissioners to keep an account of the number, denomination and amount of all bonds issued under the provisions of this Act. Sec. 5. It shall be the duty of the County Auditor and the County Treasurer, each, to keep a separate record of all such bonds as may be issued in accordance with this Act, showing the number, date, amount, to whom issued, together with the coupons that may be issued. Sec. 6. Coupons for the interest shall be annexed to each interest-bearing bond under the provisions of this Act; said coupons shall be numbered, and express the amount of interest due at the respective periods herein named and shall be signed by the Chairman of the Board of County Commissioners and County Treasurer. When any interest shall be paid upon any bond issued under the provisions of this Act, the County Treasurer shall detach the coupons for the interest then due and paid, and deliver the same to the County Auditor, taking his receipt therefor, and the County Auditor shall file said coupon in his office. Sec. 7. All persons having bonds or interest due on bonds, whether represented by coupons or otherwise, or bonds and coupons merged in judgments, of the county of Lincoln, payable on or before the first day of March, 1883, whether in bonds, coupons, interest due on bonds, coupons or bonds, and interest merged or converted into judgments, which accrued under said Funding Act, approved February 17, 1873, shall be entitled to fund the same under the provisions of this Act. |
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whether represented by coupons or otherwise, or bonds and coupons merged in judgments, of the county of Lincoln, payable on or before the first day of March, 1883, whether in bonds, coupons, interest due on bonds, coupons or bonds, and interest merged or converted into judgments, which accrued under said Funding Act, approved February 17, 1873, shall be entitled to fund the same under the provisions of this Act. Sec. 8. Whenever any bonds shall have been paid and redeemed by the County Treasurer, he shall mark the same Canceled over his signature as Treasurer, and immediately deliver the same to the County Auditor, taking his receipt therefor, and the County Auditor, upon the receipt of such canceled bond, shall file the same in his office. Sec. 9. In addition to the ordinary taxes of the county for county purposes, there shall be for the next year succeeding the issuance of bonds under the provisions of this Act, and annually thereafter, until the principal and interest of said bonds, in accordance with their issue, shall be fully provided for, as hereinafter provided, to be levied and collected at the same time and in the same manner as other revenues of said county, a special tax to be called the Funding Tax, of thirty cents on each one hundred dollars of value of taxable property of said county, which said tax shall be collected in lawful money of the United States and paid over to the County Treasurer. The fund derived from this tax shall be applied only to the payment of the funded debt hereby provided to be paid, paying interest first. Sec. 10. It shall be the duty of the County Treasurer of said county to set apart a fund to be called the Sinking Fund. Into said fund shall be paid: First, all revenues derived from the special tax herein provided for, and, second, four-fifths of all county revenues derived from the taxation of railroad property of every kind and nature, and except revenue for school purposes, and the same shall be continued until the Sinking Fund shall be sufficient for the payment of the funded debt hereby created, and when the same shall have been paid and liquidated, all surplus remaining in said fund shall be paid into the General Fund of said county. Sec. 11. Whenever at any time there shall be in said Sinking Fund, in excess of interest due, one thousand dollars or upwards, the County Treasurer shall advertise in a newspaper published in said county, for the space of thirty days, for sealed proposals for the redemption of said bonds, the same to specify the day, hour and place the said proposals shall be opened. Sec. 12. At the time specified the Treasurer shall open the sealed proposals at his office, in the presence of the Board of County Commissioners and of the Auditor, and such other persons as may wish to be present, and he shall pay such bonds as may be presented, at the lowest value at which they may be proposed for liquidation; provided, the same shall not be for more than their par value; and further provided, |
When persons may fund bonds, etc.
Bonds, when to be canceled.
A special tax to be levied.
Application of fund.
Duty of Treasurer regarding Sinking Fund.
Bonds, when may be redeemed.
Proposals, when and how opened. |
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Advertising for proposals.
Treasurer to keep record of Sinking Fund.
County Treasurer to pay expenses.
Funding Commissioners to have compensation.
County Treasurer to advertise date of expiration of payment. |
shall not be for more than their par value; and further provided, that if there be no sealed proposals made or offered, for the surrender and payment of said bonds, it shall be the duty of the County Treasurer to advertise in the manner above mentioned, for a period of not less than twenty days nor more than thirty days, for the surrender and payment of as many of said bonds as the amount of money in said Sinking Fund will pay in their regular order of payment, commencing with number one, two and three, and so continue the payment in that order according to their number and date; and in the event that the holder or holders of the bond or bonds first in order of payment shall fail to present their bonds for payment, as foresaid, the said bond or bonds shall cease to draw interest from such date named in the advertisement for the redemption of the same. And in like manner the County Treasurer shall continue to advertise the next bond or bonds in order of payment, according to their number and date, and if the holder or holders thereof fail to surrender the same for payment as provided, the interest on said bonds shall cease. The County Treasurer shall continue to advertise for proposals for the redemption of said bonds, from time to time, as provided, until the whole amount of said bonds have been advertised, or the amount of money in said Sinking Fund shall have been paid out for their redemption; and provided, that should there be no proposals made for less than par value, then payment shall be made pro rata on all said bonds, and interest reduced in proportion to such payment. Sec. 13. A full and particular account and record of the Sinking Fund shall be kept by the Treasurer, and shall at all times be open for the inspection of the Auditor, Board of County Commissioners and Grand Jury; and upon demand of the Grand Jury of said county, the Treasurer shall cause a concise statement to be made of the condition and business of said fund, and the amount of bonds issued, and to whom issued. Sec. 14. The County Treasurer shall pay out of any money in the Treasury not otherwise appropriated any and all expenses that may be incurred in having said bonds prepared, not to exceed the sum of two hundred and fifty dollars. Sec. 15. The Funding Commissioners shall receive such compensation for their services as the Board of County Commissioners may allow, to be paid out of the county treasury as other charges against the county are paid. Sec. 16. On the first day of the month next succeeding the date of the order made by the County Commissioners directing the Funding Commissioners to proceed to refund, as aforesaid, the County Treasurer of Lincoln county shall advertise in a newspaper as hereinbefore provided, for the period of thirty days, that from and after that day the funding of the indebtedness created under the said Funding Act, approved February 17, 1873, will commence, from which time it shall not be lawful for the Treasurer of Lincoln county to pay or liquidate any of the outstanding bonds, coupons or any interest due on bonds, whether merged into judgment or otherwise, in any other way than by funding the same in accordance with the provisions of this Act. |
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approved February 17, 1873, will commence, from which time it shall not be lawful for the Treasurer of Lincoln county to pay or liquidate any of the outstanding bonds, coupons or any interest due on bonds, whether merged into judgment or otherwise, in any other way than by funding the same in accordance with the provisions of this Act. The expense for publishing, as provided by this Act, shall be paid out of the General Fund of the county. Sec. 17. At the first meeting in December, in each year, of the Board of County Commissioners of said county, they may transfer any surplus money there may be in the General Fund of said county to the Sinking Fund, created by this Act; provided, there shall be left in the treasury a sufficient amount to defray the current expenses of said county for at least twelve months next ensuing. |
Transfer of money. |
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Chap. LXXVIII.An Act relating to county government and the reduction of the rate of county taxation.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In all counties whose tax rate for county purposes for the year 1902, exclusive of the tax to pay the interest and maintain the sinking funds of the bonded indebtedness of such counties, did not exceed one dollar and fifty cents on the one hundred dollars of assessed valuation, the tax rate for such county purposes for the year 1903, exclusive of the tax to pay the interest and maintain the sinking funds aforesaid, shall not exceed such tax rate for the year 1902; and thereafter such tax rate shall be diminished annually at the rate of not less than five cents on the one hundred dollars of assessed valuation per annum until it reaches fifty cents on the one hundred dollars of assessed valuation; and thereafter the permanent limitation of taxation for such county purposes, exclusive of the tax to pay the interest and maintain the sinking funds aforesaid, shall be fifty cents on the one hundred dollars of assessed valuation. Sec. 2. In all counties whose tax rate for county purposes for the year 1902, exclusive of the tax to pay the interest and maintain the sinking funds of the bonded indebtedness of such counties, exceeded one dollar and fifty cents on the one hundred dollars of assessed valuation, the tax rate for such county purposes for the year 1903, exclusive of the tax to pay the interest and maintain the sinking funds aforesaid, shall not exceed such tax rate for the year 1902; and thereafter such tax rate shall be diminished annually at the rate of not less than ten cents on the one hundred dollars of assessed valuation per annum, until it reaches one dollar and fifty cents on the one hundred dollars of assessed valuation; and thereafter shall be reduced annually at the rate of not less than five cents on the one hundred dollars of assessed valuation per annum until it reaches fifty cents on the one hundred dollars of assessed valuation; and thereafter the permanent limitation of taxation for such county purposes, exclusive of the tax to pay the interest and maintain the sinking funds aforesaid, shall be fifty cents on the one hundred dollars of assessed valuation. |
Tax rate for county purposes, I902 and 1903.
Rate of tax, and how determined. |
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Tax levied in excess to be void and penalty imposed on Commissioner.
County Commissioners to make estimates, when and how.
Commissioners not to contract for expenditure of money not actually on hand.
Commissioners may authorize temporary loan in cases of emergency.
Emergency tax. |
cents on the one hundred dollars of assessed valuation; and thereafter shall be reduced annually at the rate of not less than five cents on the one hundred dollars of assessed valuation per annum until it reaches fifty cents on the one hundred dollars of assessed valuation; and thereafter the permanent limitation of taxation for such county purposes, exclusive of the tax to pay the interest and maintain the sinking funds aforesaid, shall be fifty cents on the one hundred dollars of assessed valuation. Sec. 3. Any tax levied in excess of the limitation imposed by sections one and two hereof, shall be void as to such excess, and any Commissioner voting therefor shall be removed from office in a suit to be instituted by the District Attorney in said county wherein said Commissioner resides upon request of the Attorney-General acting under the instructions of a majority of the State Board of Revenue, consisting of the Governor, the Controller and the Attorney-General. Sec. 4. The Commissioners shall, between the first Monday of January and the first Monday of March, make a budget of the amount estimated to be required to pay the expense of conducting the public business of the said county for the next ensuing fiscal year. The budget shall be prepared in such detail as to the aggregate sum and the items thereof as the Commissioners shall deem advisable. After the final estimate is made in accordance herewith, it shall be signed by a majority of the Commissioners and the County Clerk, and the several sums shall then be appropriated for the ensuing fiscal year to the several purposes therein named. The estimate shall be filed in the office of the Auditor. Sec. 5. It shall not be lawful for the Commissioners or for any officer of the county to authorize, allow or contract for any expenditure unless the money for the payment thereof is in the treasury and especially set aside for such payment. Any Commissioner or officer violating the provisions of this section shall be removed from office in a suit to be instituted by the District Attorney of the county wherein said Commissioner resides, upon the request of the Attorney-General. Sec. 6. In case of great necessity or emergency, the Board of Commissioners by unanimous vote, by resolution reciting the character of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency, but such resolution shall not take effect until it has been approved by resolution adopted by a majority of the State Board of Revenue, and the resolution of the State Board of Revenue shall also be recorded in the minutes of the County Commissioners. Sec. 7. It shall be the duty of the Commissioners at the first tax levy following the creation of such emergency indebtedness to levy an extra tax sufficient to pay the same, which shall be designated Emergency Tax. |
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Sec. 8. The Commissioners of any county in the State which has a floating debt or scrip outstanding, shall either levy a tax for the year 1903 in addition to the county tax above specified, for the payment of such scrip or floating indebtedness, or shall fund such floating debt in bonds providing for the payment of the principal and current interest at a rate not to exceed five per cent per annum, in not more than ten equal annual installments. The tax levied for the payment of such floating debt shall be designated Floating Debt Tax. Sec. 9. After the fiscal year 1903 it shall be unlawful for the Commissioners of any county in this State to contract any floating indebtedness or to contract any obligation whatever, except bonds authorized by law, or such emergency loan, unless the funds are in the treasury for the payment of the same and are specially set aside for the payment thereof. Any Commissioner voting for incurring any obligation, except a bonded indebtedness authorized by law, or such emergency loan, when there are not sufficient funds in the county treasury properly applicable thereto, shall be removed from office in a suit to be instituted by the District Attorney of said county wherein said Commissioner resides, upon the request of the Attorney-General acting under the authority of the State Board of Revenue. Sec. 10. Annual reports, in addition to the quarterly reports now made to the Controller of the State, pursuant to law, shall also be made, from which a classified table as to the accounts of each county shall be made by the Controller of the State and published in his annual report. The State Board of Revenue shall prescribe the general form of such annual reports and the items and details which shall be given, with a view to securing and publishing, for comparison and criticism, the transaction and doings of each county in the State. Sec. 11. The State Board of Revenue shall be empowered to employ, at such times as may be necessary, an examiner, who shall inspect the accounts and records of the various counties and who shall report any violation of this Act to the State Board of Revenue. Any failure or refusal upon the part of any county official to furnish such examiner with the proper facilities for such inspection or to make the annual report to the Controller provided for by Section 10 shall be punishable as a misdemeanor, and such official shall be removed from office upon a suit to be instituted by the District Attorney of said county, wherein said county official resides, upon the request of the Attorney-General acting upon the instruction of the State Board of Revenue. Sec. 12. For the payment of such examiner, including his traveling expenses and for such expenditures as may be made by the State Board of Revenue under this Act, the sum of fifteen hundred dollars per annum is hereby appropriated, which shall be expended under the direction and upon the order of the State Board of Revenue; provided, that nothing in this Act shall apply to any county that has a debt exceeding two hundred thousand dollars. |
Definition of Floating Debt Tax.
After 1903, Commissioners shall not contract debts except in certain cases.
Annual reports to be made to State Controller.
Examiner to be appointed and duties thereof.
Duties of District Attorney. Appropriation for payment of examiner, etc. |
κ1903 Statutes of Nevada, Page 110 (CHAPTER 78)κ
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Repealing clause. |
which shall be expended under the direction and upon the order of the State Board of Revenue; provided, that nothing in this Act shall apply to any county that has a debt exceeding two hundred thousand dollars. Sec. 13. All Acts or parts of Acts in conflict with this Act are hereby repealed. |
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Duty of County Commissioners relative to equalization of assessments in City of Reno.
Repealing clause. |
Chap. LXXIX.An Act prescribing and defining the duties of the Board of County Commissioners of Washoe County, sitting as a Board of Equalization, in relation to property situated within the corporate limits of the City of Reno, and other matters relating thereto.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of Washoe county, sitting as a County Board of Equalization, shall conduct the equalization of assessments upon property situate within the corporate limits of the City of Reno, in said county, in the same manner as assessments upon other property in said county are equalized, and the rights and interests of said city and residents thereof shall be protected and preserved by the said Board in the same manner, to the same extent and with like effect, as the rights and interests of the State and county are protected and preserved by the said Board. Sec. 2. All Acts and parts of Acts inconsistent or in conflict with the provisions of this Act are hereby repealed. |
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Duty of applicant for lands to prosecute suits, when and how. |
Chap. LXXX.An Act supplemental to an Act entitled An Act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885, as amended February 1, 1887, as amended February 9, 1887, as amended March 3, 1887, as amended March 5, 1887, as amended March 5, 1887, as amended March 11, 1889, as amended March 11, 1889, as amended March 21, 1891, as amended February 28, 1893, as amended March 10, 1897, as amended March 18, 1899.
[Approved March 13, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any applicant for lands in the State of Nevada, who is now a contestant or party to any suit in the Courts of this State involving the right to purchase the lands so applied for, and who fails to prosecute with due diligence the suit or suits so instituted, within one year after the approval of this Act, shall be deemed as having abandoned his or her right in said land or lands, and the opposing or adverse applicant or claimant shall be entitled to complete the purchase and receive a patent or patents therefor. |
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said land or lands, and the opposing or adverse applicant or claimant shall be entitled to complete the purchase and receive a patent or patents therefor. Where neither party to the suit or contest prosecutes the suit with due diligence within the time required by the provisions of this Act, the suit shall be dismissed, and it shall be the duty of the Clerk of the Court to immediately notify the State Land Register of the dismissal of such suit, and upon the receipt of such notification the State Land Register shall declare the land and money paid therefor forfeited to the State and the land shall be open to entry. |
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Chap. LXXXI.An Act to exempt teachers from jury duty.
[Approved March 14, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Teachers actually engaged in teaching in the public schools of the State and members of the Faculty of the State University shall be exempt from jury duty during the session of the public schools or University, but nothing in this Act shall be construed as to excuse said teachers from liability to jury during a vacation. |
Teacher exempt from jury duty, when. |
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Chap. LXXXII.An Act to fix the State tax levy, and to distribute the same to the proper funds.
[Approved March 14, 1903.]
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 three, and annually thereafter, an ad valorem tax of seventy-five 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-two cents shall go into the General Fund of the State, six cents shall go into the Territorial Interest Fund, four and five-tenths cents shall go into the State Interest and Sinking Fund, eight-tenths of one cent shall go into the State University Interest and Sinking Fund, four cents shall go into the General School Fund, five-tenths of one cent shall go into the University Interest and Sinking Fund, 1897, No. 1, five-tenths of one cent shall go into the University Interest and Sinking Fund, 1897, No. 2, and five and seven-tenths cents shall go into the Contingent University Fund, and one cent shall go into the State Orphans Home Interest and Sinking Fund. |
Ad valorem tax of seventy-five cents.
How apportioned. |
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Orphans Home Directors to erect a new building for accommodation of Orphans. $30,000 appropriated to defray costs. Money to be taken from School Fund and bonds deposited in place thereof.
Interest, how paid.
Faith of Nevada pledged. Tax to be levied. |
Chap. LXXXIII.An Act to provide for the rebuilding of the State Orphans Home.
[Approved March 14, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Directors of the State Orphans Home are hereby directed to construct a suitable building for the accommodation of all children now inmates of said Home or who may hereafter be admitted as such. Sec. 2. Thirty-eight thousand dollars are hereby appropriated for the construction and completion of said building, and in no case shall the Board of Directors of the State Orphans Home enter into any contract for the erection and completion of said building which shall in any way exceed that sum. Sec. 3. The money hereby appropriated shall be taken from the State School Fund, and in its place shall be deposited thirty-eight bonds 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 option after two years; said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated by the great seal of the State, and shall state in substance that the State of Nevada owes its State School Fund thirty-eight thousand dollars, the interest of which sum at four per cent per annum it agrees to pay during the life of said bonds for the benefit of the common schools of the State; said bonds may be lithographed in the usual manner in such cases, and deposited with the Treasurer of the State. The interests on said bonds shall be paid semi-annually, on the first days of January and July of each year, on the written order of the Board of Directors of the State Orphans Home to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest on the State Orphans Home Interest and Sinking Fund herein created. All sums derived from the interest on said bonds shall go 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 of Nevada is hereby pledged. Sec. 4. There shall be levied and collected for the fiscal year commencing January first, 1903, and annually thereafter, an ad valorem tax of one cent one each one hundred dollars of all the taxable property in the State, including the tax upon the proceeds of mines, and all sums derived from this tax shall go into the State Orphans Home Interest and Sinking Fund for the payment of interest and redemption of bonds herein authorized by this Act. |
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Chap. LXXXIV.An Act making it a misdemeanor to collect hospital fees from persons in certain cases.
[Approved March 14, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made unlawful for any person or persons, contractor or contractors, firm, company, corporation, or association, or the managing agent of any person or persons, contractor or contractors, firm, company, corporation, or association, to collect, demand, force, compel, or require, either monthly, annually, or for any other period of time, any sum of money for hospital fees from any person or laborer at any place in this State where no convenient, comfortable, and well-equipped hospital is maintained at some town or place for the accommodation, relief and treatment of persons in his or their employ, and from whom hospital fees are collected; provided, that any person or persons, contractor or contractors, firm, company, corporation, or association, or the managing agent of same, may care for or cause to be cared for, any person in his or their employ, from whom hospital fees are collected, at any private or public hospital, sanitarium, or other convenient and comfortable place, without expense to the person or patient from whom hospital fees are collected; and provided further, the distance and facilities for the comfort and conveyance of any patient come within the intent and meaning of section two of this Act. Sec. 2. For the purpose of this Act, the words town or place, mentioned in section one of this Act, shall be construed to mean any town, headquarters, or place, at which town, headquarters, or place, and tributary places, sufficient hospital fees are collected to maintain a hospital in keeping with the hospital fees collected, and the words distance and facilities for the comfort and conveyance of any patient, mentioned in section one of this Act, shall be construed to mean the nearest hospital, and most comfortable means of conveyance at hand, or that can be procured in a reasonable time; provided, that if at the nearest hospital the proper medical treatment cannot be secured, then it shall not be a misdemeanor to take any person or patient a greater distance or to another hospital. Sec. 3. Any person or persons violating the provisions of this Act shall, upon conviction thereof, be fined in any sum not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period of not less than one hundred days nor more than two hundred and fifty days, or by both such fine and imprisonment. |
Duties of employer relative to employees in cases of sickness.
Construction of words.
Punishment for violation of Act. |
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Governor to appoint Notaries Public.
Number for each county in the State.
Provision for new county. Term of office.
Powers of Notaries.
Extent of power. |
Chap. LXXXV.An Act providing for the appointment of Notaries Public, fixing their term of office and specifying the numbers to be appointed, and enlarging the territory within which they may act.
[Approved March 14, 1903.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governor is hereby authorized to appoint and commission Notaries Public in and for the several counties in this State, in the numbers which may be fixed by law. Sec. 2. For Storey county there may be twelve Notaries Public; for Lander county there may be sixteen Notaries Public; for Nye county there may be twenty-five Notaries Public; for Churchill county there may be four Notaries Public; for Esmeralda county there may be thirty Notaries Public; for Washoe county there may be fifty Notaries Public; for Ormsby county there may be eight Notaries Public; for Humboldt county there may be twenty-five Notaries Public; for Douglas county there may be five Notaries Public; for Lyon county there may be eight Notaries Public; for Eureka county there may be fifteen Notaries Public; for Elko county there may be twenty-five Notaries Public; for White Pine county there may be ten Notaries Public; for Lincoln county there may be twenty Notaries Public. Sec. 3. For any new county hereafter created or organized there may be six Notaries Public until such time as by law another number shall be specified. Sec. 4. The term of office of a Notary Public shall be four years; provided, the Governor may at any time, for cause, revoke the commission of a Notary Public. Sec. 5. All Notaries Public may hereafter take acknowledgments of deeds, administer oaths and perform all other notarial acts and functions at any place within this State. All acts of any Notary Public hereafter performed anywhere within this State shall be of the same force and validity as if performed within the county for which he was appointed and in which he resides. |
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Chap. LXXXVI.An Act to provide for the preservation of fish in the waters of this State, and matters properly relating thereto.
[Approved March 14, 1903.]
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, |
κ1903 Statutes of Nevada, Page 115 (CHAPTER 86)κ
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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, cocculus indicus, slag, acids, 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 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 one hundred and twenty-five or two hundred and fifty days; provided, that the provisions of this section shall not apply to mills or works for the reduction of ores, nor against the owners or operators of such mills or works so far as concerns the operator of such mills or works. Sec. 2. All persons, firms, companies, associations or corporations, who have erected or who may hereafter erect any dams, water weirs or other obstructions 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 fish ways or fish ladders at all such dams, water weirs, or other obstruction; so that at all seasons of the year fish may ascend above such dams, water weirs or other obstructions, to deposit their spawn. Any person or persons, firm, company, association or corporation failing to comply with the provisions of this section after having been notified and required so to do by the proper authority, 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, or by imprisonment in the county jail for not less than twenty-five days nor more than one hundred and fifty days. Sec. 3. It shall be unlawful for any person or persons to take, catch or kill any river, lake or brook trout, or land-locked salmon, white fish, or wide-mouthed bass in any of the streams, lakes, rivers, or other waters within this State between the 1st day of November and the 15th day of March of the succeeding year. Sec. 4. It shall be unlawful for any person or persons to have in his or her possession or to buy or sell or offer or expose for sale, any river, lake or brook trout or land-locked salmon, white fish or wide-mouthed bass taken, caught or killed in any river, lake, streams or other waters within this State between the 1st day of November and the 15th day of March of the year next succeeding. Sec. 5. Every cold storage company or person keeping a cold storage warehouse, tavern or hotel keeper, restaurant or eating-house keeper, market men or other person who shall sell or expose or offer for sale, or give away or have in his or their possession, any river, lake or brook trout or land-locked salmon, white fish or wide-mouthed bass, between the 1st day of November and the 15th day of March of the year next succeeding, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 11 of this Act. |
Unlawful to pollute streams.
Misdemeanor.
Misdemeanor in certain cases.
Close season.
Close season.
Close season, cold storage company. |
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Liabilities of carriers.
Unlawful to sell or expose for sale any fish less than six inches in length. Unlawful to catch or destroy fish in certain ways.
To obtain permit from State Board Fish Commissioners.
Misdemeanor in certain instances to destroy fish within 100 feet of dam. |
ceeding, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 11 of this Act. Sec. 6. It shall be unlawful for any common carrier, express 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, white fish or wide-mouthed bass, taken, caught or killed in any stream, lake, river or other waters of this State, between the 1st day of November and the 15th day of March of the next succeeding year. Sec. 7. Any person or persons who buys, sells or offers or exposes for sale any specie of trout less than six inches long within this State, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 11 of this Act. Sec. 8. It shall be unlawful 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, white fish or wide-mouthed bass, in any of the rivers, streams, lakes or other waters within this State with any seine, net, spear or grab-hook, 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; provided, that nothing in this section shall be so construed as to prohibit the Fish Commissioners of this State from taking at all times such fish as are deemed necessary for the purpose of artificial hatching. Sec. 9. It shall be unlawful for any person or persons to take any spawn or ova from any variety of trout or from any rivers, streams or lakes or other waters in the State of Nevada, without first having obtained a written permit so to do from the State Board of Fish Commissioners of the State of Nevada. If there be no State Fish Commissioners the County Commissioners of the county where spawn is to be taken may grant such permission, in consideration and upon agreement, however, with the parties so taking said spawn that not less than ten per cent of all spawn or eggs so collected shall be hatched and said ten per cent shall be planted in the waters from which the eggs were taken and within said county. Sec. 10. Any person or persons who shall at any time wilfully 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 fish in any manner within one hundred feet of any dam containing a fish way or fish ladder, which is required by law, shall be deemed guilty of [a] misdemeanor, and upon conviction thereof shall be punished as provided in Section 11 of this Act. Nothing in this section shall be so construed as to prohibit the taking of fish for spawning or transplanting purposes, by the State Board of Fish Commissioners or other authorized persons. |
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spawning or transplanting purposes, by the State Board of Fish Commissioners or other authorized persons. Sec. 11. Any person or persons violating the provisions of Sections 3, 4, 5, 6, 7, 8, 9 or 10 of this Act shall be deemed guilty or 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. 12. It shall be unlawful for any persons or persons, company, association or corporation, to at any time transport or offer for transportation to any place outside of this State any lake, river or brook trout or land-locked salmon, which are intended to be offered for sale; and any person who shall so transport or offer for transportation any lake, river or brook trout or land-locked salmon, white fish or wide-mouthed bass which are thereafter offered for sale or sold at any place outside of this State, or are offered for sale after being transported outside of this State, 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, or by imprisonment in the county jail for not less than twenty-five nor more than two hundred and fifty days or by both such fine and imprisonment. Sec. 13. All Acts and parts of Acts heretofore passed and in conflict with the provisions of this Act are hereby repealed. |
Punishment for violation of certain sections.
Unlawful to transplant and transport in certain cases.
Repealing clause. |
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Chap. LXXXVII.An Act making appropriations for the support of the Civil Government of the State of Nevada, for the fiscal years 1903 and 1904.
[Approved March 16, 1903.]
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 1903 and 1904: Sec. 2. For the salary of the Governor, eight thousand dollars ($8,000). Sec. 3. For the salary of the Governors Private Secretary, three thousand dollars ($3,000). Sec. 4. 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 of the Governor, thirty-six hundred dollars ($3,600). |
Governor. Private Secretary.
Lieutenant Governor and ex officio Adjutant-General. |
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Secretary of State
Deputy. State Controller. Deputy. State Treasurer. Deputy.
Attorney-General Surveyor General.
Deputy.
Draughtsman Land Office. Pay of Clerks Land Office. State Superintendent of Public Instruction.
Traveling expenses.
Supreme Court.
State Printer.
Teachers Institute.
Bailiff. State Printing.
Book binding.
New material State Printing Office. |
Sec. 5. 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. 6. For salary of Deputy Secretary of State, three thousand dollars ($3,000). Sec. 7. For salary of State Controller, forty-eight hundred dollars ($4,800). Sec. 8. For salary of Deputy State Controller, three thousand dollars ($3,000). Sec. 9. For salary of State Treasurer, forty-eight hundred dollars ($4,800). Sec. 10. For the salary of the Deputy State Treasurer, thirty-four hundred dollars ($3,400). Sec. 11. For the salary of Attorney-General, four thousand dollars ($4,000). Sec. 12. For the salary of the Surveyor-General and State Land Register, forty-eight hundred dollars ($4,800), payable out of the State School Fund. Sec. 13. For the salary of the Deputy Surveyor-General and State Land Register, three thousand dollars ($3,000), payable out of the State School Fund. Sec. 14. For the salary of Draughtsman in State Land Office, three thousand dollars ($3,000), payable out of the State School Fund. Sec. 15. For salary of Clerks in State Land Office, and for transcribing records, twenty-eight hundred dollars ($2,800), payable out of the State School Fund. Sec. 16. For salary of 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. 17. For traveling expenses of the State Superintendent of Public Instruction, six hundred dollars ($600), payable out of the General School Fund. Sec. 18. For salaries of the Justices of the Supreme Court, twenty-seven thousand dollars ($27,000). Sec. 19. For salary of Superintendent of State Printing, four thousand dollars ($4,000). Sec. 20. For expenses of Teachers Institute for 1903 and 1904, two hundred dollars, payable out of the General School Fund. Sec. 21. For salary of Bailiff of Supreme Court, three hundred dollars ($300). Sec. 22. For support of the State printing Office, fourteen thousand five hundred ($14,500) dollars. Sec. 23. For bookbinding, thirty-five hundred dollars ($3,500), to be expended under the direction of the Superintendent of State Printing. Sec. 24. New materials, State Printing Office, twenty-five hundred dollars ($2,500). |