[Rev. 8/25/2020 1:14:30 PM]
κ1909 Statutes of Nevada, Page 165 (CHAPTER 140)κ
Sec. 54. For salary and subsistence of the guards called the Death Watch, and care of condemned prisoners under sentence of death, six thousand dollars ($6,000). Sec. 55. For salary of Warden of State Prison, six thousand dollars ($6,000). Sec. 56. For the support of Hospital for Mental Diseases, to be expended under the direction of the Board of Commissioners for the Care of the Indigent Insane, ninety-two thousand dollars ($92,000). Sec. 57. For repairs and improvements on buildings of Hospital for Mental Diseases, sixteen thousand two hundred and ninety dollars ($16,290), to be expended as follows: Repairs $3,000, fire escapes $2,750, finishing power and pumping plant $8,000, purchasing cattle $700, recreation room for employees $500, relief fund for discharged patients $400, industrial shop $500, library fund $200, salary of Chaplain $240. Sec. 58. Tuition and support of the deaf and dumb and blind, seven thousand dollars ($7,000). Sec. 59. For traveling and necessary expenses of District Judges, eight thousand dollars ($8,000). Sec. 60. For Watchman of the Capitol Building, two thousand six hundred and forty dollars ($2,640). Sec. 61. For salary of Janitor of Capitol Building, two thousand six hundred dollars ($2,600). Sec. 62. For salary of Engineer of Library and Capitol Buildings, two thousand six hundred dollars ($2,600). Sec. 63. For salary of Gardener of Capitol Grounds, two thousand six hundred dollars ($2,600). Sec. 64. For stationery, fuel and lights for State offices and the State Capitol Building and grounds, eight thousand dollars ($8,000). Sec. 65. For current expenses, for telegraph, postal and contingent, for the State officers, Supreme Court and State Library, and for transportation of State property, eight thousand dollars ($8,000). Sec. 66. For election expenses, seven hundred dollars ($700). Sec. 67. For expenses of Capitol and State Printing Buildings, grounds and water-works, two thousand dollars ($2,000). Sec. 68. For carpet and chairs for Supreme Court Room, six hundred dollars ($600). Sec. 69. For traveling expenses of Governor and Attorney- General, two thousand five hundred dollars ($2,500). Sec. 70. For the completion of the central heating plant of the University, thirty-one thousand dollars ($31,000). Sec. 71. For the support of the University, one hundred twenty-five thousand dollars ($125,000); sixty-five thousand dollars to come from the Contingent University Fund; eight thousand dollars to come from the Interest Account, 90,000-Acre Grant; and fifty-two thousand dollars from the General Fund, to be expended as set forth in the Report of Regents of the University, excluding the amount set forth for Mackay School of Mines. |
Death watch.
Warden. Hospital for Mental Diseases.
Repairs, etc.
Deaf, dumb, and blind.
District Judges.
Watchman of Capitol.
Janitor.
Engineer.
Gardener.
Lights and fuel, Capitol.
Current expenses, State officers
Election expenses. Capitol and Printing Office. Furniture, Supreme Court. Traveling expenses.
Heating plant, University. Support of University. |
κ1909 Statutes of Nevada, Page 166 (CHAPTER 140)κ
Insurance, State Buildings. Rewards.
Board of Health. Board of Assessors.
Virginia Mining School.
License Inspector.
Expenses.
Capitol repairs. Railroad Commission.
Secretary.
Expenses.
Fish Commission.
Bank Examiner.
University students aid.
State Police. Cataloguing Library.
Expenses Bank Examiner. Teachers examinations.
Books, University Library. |
Fund, to be expended as set forth in the Report of Regents of the University, excluding the amount set forth for Mackay School of Mines. Sec. 72. For insurance on Capitol Building, Library Building, Armory Building, State Library, public records and furniture, three thousand dollars ($3,000). Sec. 73. For payment of rewards offered by the Governor, two thousand dollars ($2,000). Sec. 74. For support of the State Board of Health, one thousand dollars ($1,000). Sec. 75. For support of the State Board of Assessors and traveling expenses, four thousand dollars ($4,000). Sec. 76. For support of Virginia City School of Mines for years 1909 and 1910, thirty-six hundred dollars ($3,600). Sec. 77. For salary of the License and Bullion Tax Agent, five thousand dollars ($5,000). Sec. 78. For traveling expenses of the License and Bullion Tax Agent, three thousand dollars ($3,000). Sec. 79. For repairs of the Capitol Building, three thousand dollars ($3,000). Sec. 81. For salary of the Railroad Commissioners, twenty thousand dollars ($20,000). Sec. 82. For the salary of the Secretary of Railroad Commission, forty-eight hundred dollars ($4,800). Sec. 83. For traveling and contingent expenses of Railroad Commission, ten thousand dollars ($10,000). Sec. 84. For the necessary expenses of the Board of Fish Commissioners in carrying out the provisions of an Act entitled An Act to provide for the appointment of a Board of Fish Commissioners, and to define their duties, approved March 16, 1905, seven thousand eight hundred dollars ($7,800). Sec. 85. For salary of Bank Examiner, five thousand five hundred dollars ($5,500). Sec. 86. For students aid, to be expended under the direction of the Board of Regents, five thousand dollars ($5,000), at least $1,500 of which shall be expended under the direction of the Professor of Mining and Metallurgy for the expenses of students while engaged in field work. Sec. 87. For the support of the Nevada State Police, fifty thousand dollars. Sec. 88. For cataloguing the Nevada State Library, three thousand ($3,000) dollars. Sec. 89. For traveling and other expenses of State Bank Examiner, three thousand ($3,000) dollars. Sec. 90. For conducting the teachers examinations and grading the papers, and payment of incidental expenses, eighteen hundred ($1,800) dollars. Sec. 91. For the purchase of books for library of University of Nevada, and for no other purpose, and to be expended under the direction of the University Librarian, ten thousand ($10,000) dollars. |
κ1909 Statutes of Nevada, Page 167 (CHAPTER 140)κ
Sec. 92. For the salary of Professor Emeritus in English, to be expended under the direction of the Board of Regents of the University, twelve hundred dollars ($1,200). Sec. 94. For furnishing of the Biological Building at University of Nevada, four thousand ($4,000) dollars. Sec. 95. For construction of a greenhouse connected with Biological Building at University of Nevada, five thousand ($5,000) dollars. Sec. 95. For salary of Inspector of Mines, seven thousand two hundred ($7,200) dollars. Sec. 96. For traveling expenses of Inspector of Mines, thirty-six hundred ($3,600) dollars. Sec. 99. For salary of Deputy Inspector of Mines, forty-eight hundred ($4,800) dollars. |
Salary Professor Emeritus. Furnishing Biological Building. Greenhouse.
Inspector of Mines.
Expenses.
Deputy. |
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Chap. CXLI.An Act fixing the salary of the Private Secretary to the Governor, and making an appropriation therefor.
[Approved March 22, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act the salary of the Private Secretary to the Governor shall be two thousand four hundred dollars per annum, payable out of the General Fund; provided, that the said Secretary shall not receive any additional compensation for services as Clerk of the Board of Pardons, Clerk of the Board of Capitol Commissioners, Clerk of the Board of Assessors, or as Clerk or Secretary of any other board or commission. Sec. 2. The State Controller is hereby directed to draw his warrant for the salary named in section one of this Act and the State Treasurer to pay the same each month. Sec. 3. All Acts or parts of Acts in conflict herewith are hereby repealed. |
Increasing salary of Governors Private Secretary.
Duties of Controller and Treasurer. |
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Chap. CXLII.An Act to amend an Act entitled An Act to amend an Act entitled Senate Substitute for Assembly Bill No. 99-An Act relating to the duties, salaries and compensation of county and township officers of Storey County, Nevada, approved March 11, 1899, approved February 21, 1901.
[Approved March 20, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: |
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Section. 1. Section one of said Act is hereby amended so as to read as follows: Section 1. On and after the first of April, A. D. nineteen hundred and nine, the following-named officers within Storey County, Nevada, shall receive in full payment, for all services rendered by them, the following salaries:
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Salaries of Storey County officers. |
κ1909 Statutes of Nevada, Page 168 (CHAPTER 142)κ
Sheriff.
Deputy.
County Clerk.
Recorder.
Commissioners.
Justice of the Peace.
Constable.
In effect. |
County, Nevada, shall receive in full payment, for all services rendered by them, the following salaries: The Sheriff, for services as Sheriff and ex officio Assessor, shall receive the sum of eighteen hundred dollars a year; the Sheriff as ex officio Assessor may appoint not to exceed one Deputy Assessor for the period of fifty days each year, who shall receive four dollars for each days service performed, Sunday excepted. The Sheriff may appoint a Deputy Sheriff who shall be jailer. The Deputy Sheriff, for services as jailer, shall receive fifteen hundred dollars a year. The County Clerk and ex officio County Treasurer shall receive eighteen hundred dollars a year. The County Clerk and ex officio County Treasurer may appoint one deputy for thirty days in each year, whose salary shall be four dollars per day for each days actual service. The County Recorder for services as County Recorder and ex officio County Auditor, shall receive the sum of fifteen hundred dollars a year. The District Attorney shall receive the sum of fifteen hundred dollars a year. The County Commissioners shall each receive the sum of three hundred and sixty dollars a year, for performing all the duties imposed by law. The Justice of the Peace of Township Number One shall receive the sum of nine hundred dollars a year, and such fees in civil cases only as are allowed by law; provided, such Justice of the Peace shall have no claim against the county for services rendered in civil or criminal cases. The Constable of Township Number One shall receive nine hundred dollars a year; provided, such Constable shall have no claim against the county for services rendered in civil and criminal cases. Sec. 2. This Act shall take effect on and after April 1, 1909. |
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Criminal witnesses in White Pine County.
Per diem. |
Chap. CXLIIIAn Act fixing the fees and compensation of witnesses in criminal cases in and for the County of White Pine, State of Nevada, and providing payment therefor.
[Approved March 22, 1909.]
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, all witnesses summoned on behalf of the State, within and for the County of White Pine, in the Fourth Judicial District, shall receive as compensation two and one-half dollars per diem, from the date of their appearance at court (as per summons) until excused. The Clerk of said court shall keep a pay-roll, enrolling therein all names of witnesses, the number of days in attendance, and the actual number of miles traveled by the most practicable route, in coming to and returning from said court for which such witness shall receive ten cents for each mile so traveled. |
κ1909 Statutes of Nevada, Page 169 (CHAPTER 143)κ
cents for each mile so traveled. The Clerk of said court shall forthwith give a statement of such amount to the County Auditor, who shall draw his warrant upon the County Treasurer for the payment of such witness. Sec. 2. In all criminal cases where the defendant is unable to defray the expenses of his witnesses, he shall make an affidavit setting forth that fact, and the Court shall order the Clerk to issue subpenas for said witnesses, and their names shall be on the witness pay-roll, in the same manner as the States witnesses; provided, however, that no defendant shall summons more than two witnesses to prove the same fact at the expense of the State, and that the Judge before whom the hearing is had shall certify that the testimony of said witnesses was material and relevant to the matter tried. |
Expenses of witnesses
Proviso. |
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Chap. CXLIV.An Act to amend section 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.
[Approved March 22, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twelve of the above-entitled Act is hereby amended so as to read as follows: Section 12. Any number of persons claiming liens may join in the same action; and when separate actions are commenced the Court may consolidate them. The Court may also allow, as part of the costs, the moneys paid for filing and recording the lien, and shall also allow to the prevailing party reasonable attorneys fees. Sec. 2. All Acts or parts of Acts in conflict with the above are hereby repealed. |
Liens may be consolidated
Attorney fees. Repeal. |
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Chap. CXLV.An Act to authorize and require the Board of County Commissioners of Humboldt County, State of Nevada, to issue bonds on the property of the Town of Lovelock, in said county, for the establishment of a sewerage system in said town, and matters relating thereto.
[Approved March 22, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows: |
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Section 1. For the purpose of providing a sewerage system for the Town of Lovelock, and for conducting the sewerage of said town out of and away from the same, the Board of County Commissioners of Humboldt County, State of Nevada, is hereby authorized and required to, within sixty (60) days from and after the approval of this Act, issue bonds for a sum not exceeding twenty thousand dollars ($20,000) in United States gold coin, none of which said bonds shall be issued for a period longer than twenty (20) years from the date thereof. |
Bonds for sewerage system in Lovelock, Humboldt County.
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κ1909 Statutes of Nevada, Page 170 (CHAPTER 145)κ
Denomination of bonds.
Redemption.
Bonds, how prepared.
Not to be sold under par.
Town boundaries defined.
Interest on bonds, how paid. |
is hereby authorized and required to, within sixty (60) days from and after the approval of this Act, issue bonds for a sum not exceeding twenty thousand dollars ($20,000) in United States gold coin, none of which said bonds shall be issued for a period longer than twenty (20) years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars ($100) each, shall be numbered consecutively and shall bear interest at a rate not exceeding six (6) per centum per annum, which said interest shall be payable annually at such annual date as the Board of County Commissioners shall fix at the time of issuing said bonds, the coupons for such payment of interest to be attached to each of said bonds, said coupons to be numbered consecutively and signed by the Chairman of the Board of County Commissioners and the County Treasurer. Said bonds shall purport that there is due the holder thereof from the County of Humboldt, State of Nevada, a sum to be expressed therein. Sec. 3. The principal of said bonds shall be made payable as follows: One thousand dollars ($1,000) of said bonds shall be made payable January first, A. D. one thousand nine hundred and ten (1910), and the remainder shall be made payable in annual payments of one thousand dollars ($1,000) thereafter, none of which bonds shall run for a longer period than twenty (20) years from the date thereof. Sec. 4. The bonds and coupons herein provided for shall be signed by the Chairman of the Board of County Commissioners and the County Treasurer, countersigned by the County Clerk and authenticated by the county seal of said Humboldt County. Sec. 5. Said bonds shall be sold at not less than par value, and all moneys received from the sale thereof shall be paid into the county treasury of Humboldt County, and the County Treasurer of said Humboldt County is hereby required to receive and safely keep the same in a fund to be known as the Lovelock Sewerage System Fund, and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of County Commissioners. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands and for the faithful discharge of his duties in relation thereto. Sec. 6. The boundaries of said Town of Lovelock for the purposes of this Act shall be, and are hereby made, the same as define the boundaries of said town and the town site of Lovelock, as shown on the map or plat of said town or town site last adopted and approved by the Board of County Commissioners and on file and of record in the office of the County Recorder of said Humboldt County, Nevada. Sec. 7. The Board of County Commissioners of said Humboldt County, Nevada, are hereby authorized and specially required to pay the interest on said bonds for the first year out of the funds in the hands of the County Treasurer to the credit of the said Town of Lovelock as licenses, and for the purpose of providing for the payment of interest on said bonds for subsequent years, the Board of County Commissioners for said Humboldt County, Nevada, are hereby authorized and specially required, at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and ten (1910), and annually thereafter, until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Lovelock such tax as [will] in their judgment will, for the year nineteen hundred and ten (1910) and for each year thereafter, produce the amount of money necessary to pay the interest on said bonds as herein provided; provided, that should there, during any of such subsequent years, be sufficient funds in the hands of the County Treasurer of said county to the credit of said Town of Lovelock, the County Commissioners may, if they deem it best, direct that such interest be paid from such funds instead of levying said tax for any one or more years. |
κ1909 Statutes of Nevada, Page 171 (CHAPTER 145)κ
of the funds in the hands of the County Treasurer to the credit of the said Town of Lovelock as licenses, and for the purpose of providing for the payment of interest on said bonds for subsequent years, the Board of County Commissioners for said Humboldt County, Nevada, are hereby authorized and specially required, at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred and ten (1910), and annually thereafter, until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Lovelock such tax as [will] in their judgment will, for the year nineteen hundred and ten (1910) and for each year thereafter, produce the amount of money necessary to pay the interest on said bonds as herein provided; provided, that should there, during any of such subsequent years, be sufficient funds in the hands of the County Treasurer of said county to the credit of said Town of Lovelock, the County Commissioners may, if they deem it best, direct that such interest be paid from such funds instead of levying said tax for any one or more years. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes; shall be paid into the county treasury and kept by the County Treasurer in a fund to be known as the Lovelock Sewerage System Interest Fund, and the money in said fund shall be disbursed by the Treasurer in payment of the interest upon said bonds as the same becomes due, upon presentation and surrender by the holder of the coupons therefor. Sec. 8. For the purpose of providing for the payment of the bonds hereby authorized and required to be issued, the Board of County Commissioners of Humboldt County are authorized and specially required to pay the bonds maturing and falling due January first, nineteen hundred and ten (1910), out of the funds in the hands of the County Treasurer to the credit of the said Town of Lovelock as licenses, and to provide for the payment of such bonds maturing and falling due in subsequent years, the said Board of County Commissioners are hereby authorized and specially required, at the time of the annual levy of taxes for the year nineteen hundred and ten (1910), and annually thereafter until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Lovelock a tax sufficient to raise the sum of one thousand dollars ($1,000) for the year nineteen hundred and ten (1910) and for each year thereafter, sufficient to pay the principal of said bonds, issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, shall be paid into the county treasury, and by the County Treasurer assigned to the general fund of said Humboldt County. At the maturity of said bonds they shall be paid by the County Treasurer out of said general fund of said county, upon the presentation and surrender of said bonds. If the tax so as aforesaid levied for the interest on, and the redemption of, said bonds should exceed the sum of one thousand dollars ($1,000) and said interest, whenever the aggregate amount of money collected shall equal the full sum necessary to redeem all of said bonds outstanding and unredeemed, and the interest thereon, the tax hereby authorized shall cease, and, should there be any excess over and above the amount necessary for the redemption of all unredeemed bonds and the payment of all interest thereon, the amount of such excess shall remain in or be transferred to the said Lovelock Sewerage System Fund, to be used for the purpose of maintaining the sewerage system authorized by this Act to be installed. |
Tax levy.
Proviso.
Provisions as to interest and redemption. |
κ1909 Statutes of Nevada, Page 172 (CHAPTER 145)κ
Lovelock Sewerage System Fund.
Clerk to keep record.
Bonds canceled, when.
County Commissioners to engage competent engineer. |
the interest on, and the redemption of, said bonds should exceed the sum of one thousand dollars ($1,000) and said interest, whenever the aggregate amount of money collected shall equal the full sum necessary to redeem all of said bonds outstanding and unredeemed, and the interest thereon, the tax hereby authorized shall cease, and, should there be any excess over and above the amount necessary for the redemption of all unredeemed bonds and the payment of all interest thereon, the amount of such excess shall remain in or be transferred to the said Lovelock Sewerage System Fund, to be used for the purpose of maintaining the sewerage system authorized by this Act to be installed. Should the amount of said tax realized up to and including the year nineteen hundred and twenty-nine (1929) be less than the amount necessary for the redemption of all outstanding and unredeemed bonds and the payment of the interest accrued thereon, they shall nevertheless be redeemed and paid out of the general fund as herein provided, and a special tax shall be levied by the Board of County Commissioners upon the property within the Town of Lovelock for the year nineteen hundred and thirty (1930) sufficient to cover such deficiency, which tax shall be levied, assessed, and collected in the usual manner and paid into the general fund of said county. Sec. 9. The County Clerk 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. Sec. 10. Whenever the County Treasurer shall pay any of the bonds authorized by this Act, or the coupons for interest thereon, he shall cancel the same by writing across the face thereof the word Paid, together with the date of such payment, sign his name thereto and file the same in his office. The interest on the bonds authorized to be issued by this Act shall cease to run whenever the bonds, by the terms thereof, become due and payable; provided, that at the time that such bonds become due and payable, there are funds on hand to meet the same. Sec. 11. The Board of County Commissioners of Humboldt County are hereby authorized and required to, as soon as the bonds authorized by this Act have been disposed of and the money from the sale thereof deposited in the said fund, secure the services of a competent engineer whose compensation shall not exceed three hundred dollars ($300) and who shall forthwith upon his being employed, proceed to plan and map the sewerage system to be installed in said Town of Lovelock, which system shall as far as practicable cover and include all the property in said town according to the map thereof, with full, complete and detailed specifications therefor, including the size of the main and lateral pipes, intakes, man-ways, discharge and discharge pipe, the number of feet of pipe or tiling, the depth to which the same must be laid, the character and kind of pipe to be used, the character of intakes, the length and character of conduit to point of discharge outside of the town limits of said town, and all other items and specifications appurtenant to a fully equipped and efficient sewerage system for said town, or necessary for properly completing the same. |
κ1909 Statutes of Nevada, Page 173 (CHAPTER 145)κ
intakes, the length and character of conduit to point of discharge outside of the town limits of said town, and all other items and specifications appurtenant to a fully equipped and efficient sewerage system for said town, or necessary for properly completing the same. Upon the filing by such engineer of such plans, maps, and specifications, and the acceptance of the same by the Board of County Commissioners, with whom the engineer shall file the same, said engineers claim for services shall be allowed in the same manner as claims against the county are allowed, and shall be paid out of said Lovelock Sewerage System Fund. Sec. 12. Upon the filing with the Board of County Commissioners as aforesaid of said plans and specifications, said Board shall immediately advertise, in some newspaper published in Humboldt County, Nevada, in some newspaper published in the City of San Francisco, California, in some newspaper published in the City of Reno, Nevada, and by giving and sending out such other written notices as it may deem advisable, for sealed proposals for the installation of said sewerage system according to the plans and specifications furnished by said engineer as provided in Section 11 of this Act; provided, that said Board of County Commissioners may, before advertising as aforesaid for proposals, alter such plans and specifications in such manner as may in their judgment be necessary for the proper and complete installation and the efficient equipment of such sewerage system. Such advertisement shall run for a period not to exceed three weeks, at the expiration of which said Board shall proceed to open said proposals and shall award the contract for such installation of said system to the lowest and best bidder; provided, that said Board may reject any and all bids; and provided further, that no bid shall be considered and no contract awarded for an amount exceeding in the opinion of said Board the money available for such work. If no contract be awarded after the first advertising as aforesaid, said Board shall immediately proceed to readvertise for bids, in the manner above provided, making, if necessary, such alterations in the plans and specifications provided as may reduce the cost but not impair the ultimate efficiency of the sewerage system, and shall continue to so advertise until proposals are received that come within the provisions of this Act; provided, that no advertisement shall run for a period exceeding three weeks. The bidder to whom any contract is let under the provisions of this Act shall, before such contract is executed to him, enter into a bond to the County of Humboldt, State of Nevada, in the sum of ten thousand dollars ($10,000) conditioned for the faithful and honest carrying out of said contract in compliance with all the provisions thereof, which said bond must be approved by said Board of County Commissioners. Sec. 13. Upon the completion of said contract and the formal acceptance of the work and the system by the Board of County Commissioners, which acceptance shall be made only after a fair and thorough examination and inspection and trial of the system upon its completion, the claim of the contractor shall be allowed, approved and audited and shall be paid by the County Treasurer out of the moneys in the Lovelock Sewerage System Fund.
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Bids to be advertised.
Proviso.
Contract, how awarded.
Bond of contractor.
Contract, when accepted. |
κ1909 Statutes of Nevada, Page 174 (CHAPTER 145)κ
System to be fully equipped.
Residue to remain.
Expense of issuing bonds, how paid.
Commissioners to fully carry out plans.
Faith of State pledged. |
of County Commissioners, which acceptance shall be made only after a fair and thorough examination and inspection and trial of the system upon its completion, the claim of the contractor shall be allowed, approved and audited and shall be paid by the County Treasurer out of the moneys in the Lovelock Sewerage System Fund. Sec. 14. If after the completion and acceptance of said system and the payment therefor, there remains anything to be furnished said system to make the same efficient, the Board of County Commissioners shall at once equip the same with such things as may be necessary to its efficiency, the cost of the same to be paid out of the Lovelock Sewerage System Fund and the claims therefor to be allowed, audited and paid as claims against the county are allowed, audited and paid. Sec. 15. If, after the full completion of said system, there remains any money in the Lovelock Sewerage System Fund, the same shall remain in such fund for the maintenance of said system. Sec. 16. The expense of preparing and issuing the bonds provided for by this Act shall be paid out of the general fund of Humboldt County, and after the sale of said bonds, an amount sufficient to reimburse said general fund shall be transferred thereto from said Lovelock Sewerage System Fund. Sec. 17. The Board of County Commissioners of said county shall do all things necessary and needful to carry this Act and the purposes thereof into effect and to the proper construction of said system, and to that end may, if they deem it best, use and apply to the construction of said system, any funds in the hands of the County Treasurer or hereafter to come to his hands, to the credit of the said Town of Lovelock as licenses. Sec. 18. The faith of the State of Nevada is hereby pledged that this Act shall not be repealed nor taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue hereof shall have been paid in full. |
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County Normal Training Schools. |
Chap. CXLVI.An Act for the establishment of Normal Training Schools and for the maintenance and control of the same.
[Approved March 20, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon notification by the County Board of Education in counties where a county high school is in operation, and of the Board of Trustees of the School District in which the county-seat is located, in counties not having an established county high school, that the said County Board of Education or Board of Trustees and the Board of County Commissioners of the county have decided by a majority vote of each of the said Boards to establish a Normal Training School, and that there are at least five bona fide applicants for a normal training course in such school, the State Board of Education shall, subject to the provisions herein named, grant permission to establish and maintain a Normal Training School for the purpose of giving free instruction and training in the principles of education and methods of teaching to residents of this State; provided, that no such Normal Training School shall be established in any county having within its borders a State Normal School or State University; and, provided further, that but one such Normal Training School shall be established in any county. |
κ1909 Statutes of Nevada, Page 175 (CHAPTER 146)κ
Commissioners of the county have decided by a majority vote of each of the said Boards to establish a Normal Training School, and that there are at least five bona fide applicants for a normal training course in such school, the State Board of Education shall, subject to the provisions herein named, grant permission to establish and maintain a Normal Training School for the purpose of giving free instruction and training in the principles of education and methods of teaching to residents of this State; provided, that no such Normal Training School shall be established in any county having within its borders a State Normal School or State University; and, provided further, that but one such Normal Training School shall be established in any county. Sec. 2. The State Board of Education shall constitute the Normal Training School Board. Sec. 3. The duties of the Normal Training School Board shall be as follows: First-To determine the qualification for admission to the Normal Training School; provided, that applicants who do not hold a diploma from an accredited high school or a teachers certificate of at least the primary grade shall be required to pass an entrance examination. And said examination shall include all subjects taught in the high schools as provided by the laws of this State. Second-To establish a course of study to be pursued for a period of not less than thirty-six weeks. Third-To grant certificates of graduation to such persons as finish the course adopted in such form as the Normal Training School Board shall prescribe. Sec. 4. The certificate of graduation shall entitle the holder thereof to the State teachers certificate of the rural grammar-school grade without further examination, and said certificate shall entitle the holder thereof to teach in any of the rural schools of this State not employing more than one teacher, and said certificate shall not be good for more than three years and shall in no case be renewable. Sec. 5. For the purpose of maintaining such Normal Training Schools as are herein described, it is further provided: First-That the county in which a Normal Training School shall be established shall provide rooms with heating and equipment satisfactory to the Normal Training School Board for the purposes of such school. Second-Upon certification of the State Board of Education that a Normal Training School has been established in any county, that the school has been properly equipped, that at least five bona fide students are in actual attendance, and that a competent Normal training teacher is employed, the State Controller shall on the first day of October and the first day of February of each year set aside from any money in the State General Fund not otherwise appropriated, a sum designated by the State Board of Education not exceeding nine hundred dollars and not less than six hundred dollars, to be known as the Normal Training School Salary Fund for....................................... |
Proviso.
Duties of Normal Training School Board.
Graduation certificate.
Provisions for maintaining said schools. |
κ1909 Statutes of Nevada, Page 176 (CHAPTER 146)κ
Provisions for maintaining said schools.
Authority conferred. |
designated by the State Board of Education not exceeding nine hundred dollars and not less than six hundred dollars, to be known as the Normal Training School Salary Fund for.......................................County, to be used in payment of the teachers salary and to be drawn from the State Treasury in the usual manner. Any money remaining in such fund on the thirty-first day of August of each year shall revert to the State General Fund. Third-In any county establishing a Normal Training School the Normal Training School Board shall, previous to the first day of September in each year, estimate the cost of maintaining the rooms and equipment of the Normal Training School for the ensuing year and certify the amount estimated to the Board of County Commissioners of said county; provided, such estimate shall not exceed the amount of five hundred dollars for any one year. Claims for equipment and maintenance shall be just and legal charges upon the general fund of said county; provided, that not more than the amount estimated shall be allowed for any one year. Sec. 6. The Normal Training School Board is hereby given the power to make and put into effect any and all rules and regulations necessary to the proper conduct of any Normal Training School established under and by virtue of the provisions of this Act. |
________
Salary and mileage, Elko County Commissioners.
Proviso |
Chap. CXLVII.An Act to amend section eight of an Act entitled An Act to segregate certain county officers in Elko County, Nevada, and fixing their salaries, to take effect on the first Monday in April, 1909, approved March 27, 1907.
[Approved March 22, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eight of said Act is hereby amended so as to read as follows: Section 8. The County Commissioners shall each receive the sum of nine hundred ($900) dollars per annum, and shall receive twenty cents per mile for each mile actually and not constructively traveled in going to and returning from the county-seat to attend a session of said Board; provided, however, that no County Commissioner shall receive such mileage more than once in any one calendar month. |
________
κ1909 Statutes of Nevada, Page 177κ
Chap. CXLVIII.An Act to amend an Act entitled An Act to grant the right of way to John T. Reid and his associates, their successors and assigns, for the construction and operation of a railroad within Churchill County, State of Nevada, from either the Town of Hazen or Parren Station therein, on or near the tract of the Central or Southern Pacific Railway Company, as said grantees may select, to the Nevada United Mining Companys mines at Copper-Reid, in Churchill County, and matters relating thereto, approved March 27, 1907, and by such amendment to grant the further right of way to said grantees to construct, maintain and operate such railroad to a point at or near the Town of Battle Mountain, in Lander County, State of Nevada, and to extend the same from the said Hazen or Parren Station northwesterly to a point on the Western Pacific Railroad in Washoe or Humboldt County, in said State, and to construct, maintain and operate a branch line from the said Nevada United Mining Companys mines to the Town of Lovelock, in Humboldt County, Nevada, and matters relating thereto.
[Approved March 22, 1909.]
Whereas, At the last regular session of the Legislature of the State of Nevada held in the year 1907, an Act was passed and approved granting to John T. Reid and his associates, and their successors and assigns, a right of way to construct and operate a railroad in Churchill County, State of Nevada, from either the Town of Hazen or Parren Station in said county, on or near the track of the Central or Southern Pacific Railroad Company, to the Nevada United Mining Companys mines in said county at Copper-Reid; provided, that the construction of such railroad should be commenced within eighteen months from the passage of said Act; and Whereas, The said grantees did within such eighteen months begin the construction of such railroad and have graded a portion of track on such right of way, and desire to complete such railroad and extend the same beyond the points named in said Act; therefore
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 to read as follows: Section 1. The right of way, not to exceed two hundred feet in width, to locate, construct, maintain and operate a narrow or broad-gage railroad with iron or steel rails, together with necessary sidetracks, switches, turnouts and turntables, over and along such route as may be deemed most advantageous from a point at or near the railroad tracks of the Central or Southern Pacific Railway Company in Churchill County, at either the Town of Hazen or Parren Station, as said grantees herein may select, to the Nevada United Mining Companys mines at Copper-Reid, in said Churchill County, and from any point on said line of railroad to a point at or near the Town of Battle Mountain in Lander County, Nevada, and from said Town of Hazen or Parren Station, as may be selected, to a point on the Western Pacific Railway Companys track, not yet named, in Washoe or Humboldt County, Nevada, and a branch line extending from said Copper-Reid to the Town of Lovelock, in Humboldt County, Nevada, is hereby granted to John T. |
Preamble.
Railroad franchise to John T. Reid, et al.
Franchise extended to 50 years. |
κ1909 Statutes of Nevada, Page 178 (CHAPTER 148)κ
Proviso. |
and from any point on said line of railroad to a point at or near the Town of Battle Mountain in Lander County, Nevada, and from said Town of Hazen or Parren Station, as may be selected, to a point on the Western Pacific Railway Companys track, not yet named, in Washoe or Humboldt County, Nevada, and a branch line extending from said Copper-Reid to the Town of Lovelock, in Humboldt County, Nevada, is hereby granted to John T. Reid and his associates, their successors and assigns for the term of fifty years; provided, that the further construction of said road shall be commenced within eighteen months from the passage of this Act, and that twenty miles of track shall be completed on said right of way within five years from the passage of this Act, and such railroad completed within ten years. |
________
School District may issue bonds for various purposes. |
Chap. CXLIX.An Act to amend an Act entitled An Act to enable the several School Districts of the State to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings, or purchasing ground, or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon, approved March 12, 1907, as amended February 8, 1908.
[Approved March 22, 1909.]
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. Any School District of the State, now existing or which may hereafter be created, is hereby authorized to borrow money for the purpose of erecting and furnishing a school building or buildings, maintaining the same, purchasing grounds on which to erect such building, or buildings, or for refunding floating indebtedness, or for any or all of these purposes, by issuing negotiable coupon bonds of the district in the manner by this Act provided. |
________
Preamble.
Lost poll-tax receipts. |
Chap. CL.An Act for the relief of J. J. Owens.
[Approved March 23, 1909.]
Whereas, In the year 1908, J. J. Owens, the Assessor of Nye County, settled in full for all poll-tax books received from the State Controller for Nye County for that year; and Whereas, During said year, two poll-tax books signed by the State Controller and charged to said J. J. Owens, containing fifty (50) blank receipts, which said receipts were lost or misplaced by said Assessor, his deputies or agents, and same cannot be found, and no value or compensation was received for them by the said J. |
κ1909 Statutes of Nevada, Page 179 (CHAPTER 150)κ
same cannot be found, and no value or compensation was received for them by the said J. J. Owens, who advanced and paid the value of said receipts, which amounted to the sum of one hundred and fifty dollars; and Whereas, The said J. J. Owens has duly filed with the State Controller, his affidavit of the facts hereinabove set forth; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of sixty-seven dollars and fifty cents is hereby appropriated, out of any moneys in the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of sixty-seven dollars and fifty cents in favor of J. J. Owens, and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. The Board of County Commissioners of Nye County are hereby directed and required to allow the claim of J. J. Owens in the sum of eighty-two dollars and fifty cents, the proportion received by the county on account of said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the general fund of said county for said amount, and the County Treasurer is hereby authorized and directed to pay the same. |
State to reimburse J. J. Owens.
Nye County to pay its proportion. |
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Chap. CLI.An Act to authorize the issuance of bonds by unincorporated cities and towns for the construction of sewerage systems.
[Approved March 22, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of constructing sewerage systems within their respective limits, and waste mains therefrom, any unincorporated city or town within this State, which is being or may hereafter be governed under the provisions of an Act of the Legislature of this State entitled An Act providing for the government of towns and cities within this State, approved February 26, 1881, and Acts amendatory thereof, are hereby authorized to issue bonds in the amount and manner hereinafter set forth and prescribed. Sec. 2. Said bonds shall not in any such city or town at any time exceed the sum and amount of sixty thousand dollars ($60,000); they shall be of convenient denominations, ranging from one hundred dollars ($100) to one thousand dollars ($1,000), and shall bear interest at the rate of not more than six (6) per cent per annum, the interest on each bond to be payable annually, beginning on the third Monday in January of the second year after such bond shall have been issued, and upon the same date in each succeeding year during the life of such bond. |
Unincorporated cities and towns may issue bonds for sewerage systems.
Amount limited.
Denomination. |
κ1909 Statutes of Nevada, Page 180 (CHAPTER 151)κ
Special election to determine.
Ballots.
Bonds issued, when.
Providing for redemption and interest. |
annually, beginning on the third Monday in January of the second year after such bond shall have been issued, and upon the same date in each succeeding year during the life of such bond. The bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon payment of the installments of interest without injury to the bonds. The bonds shall be signed by the Chairman of the Board of County Commissioners, acting as a city or town board, and countersigned by the Clerk of said Board. The bonds shall be distinctively known as ......................... Sewerage Bonds, the name of the city or town issuing them being inserted before the word Sewerage. Sec. 3. Before issuing the said bonds the Board of County Commissioners, acting as such city or town board, shall publish a notice for at least three consecutive weeks in some daily newspaper published in said city or town, calling for a special election by the legally qualified electors of said city or town to determine whether such bonds shall issue. If there be no daily newspaper published in such city or town, the said notice shall be posted in at least three conspicuous places within the limits of such city or town, for the same length of time, and if there be a weekly newspaper published in such city or town, the said notice shall also be published in each issue of said weekly newspaper during the period of posting. The notice shall state specifically the amount of the proposed bond issue, the rate of interest the bonds are to bear, the time and manner of their payment, and that they are for the construction of a sewerage system. Sec. 4. The Board shall cause a sufficient number of ballots to be printed which shall bear the words Sewerage Bonds-Yes, and Sewerage Bonds-No, printed thereon in parallel lines, one above the other. The voter will scratch out the Yes if opposed to the bonds, or the No if in favor of their issue. The election shall be conducted and the votes canvassed, in all essential particulars as in other city and town elections. If a majority of all the votes cast are in favor of the issue of the bonds, the Board of County Commissioners, acting as such city or town board, shall proceed at once to issue them as rapidly as needed, in conformity with the provisions of this Act. Said bonds shall be sold at not less than their par value, and shall be redeemable, in the order of their issue, not less than three years or more than fifteen (15) years from the date of their issue respectively. Sec. 5. To provide for the payment of the said bonds and the interest thereon the Board of County Commissioners shall, at the time of the regular tax levy for State and county purposes, levy an additional tax upon all property real and personal, within the limits of such city or town, sufficient, in their judgment, to pay the interest upon such bonds annually as it becomes due, and the principal at such a rate as will redeem all of the bonds within fifteen (15) years from the date of issue. |
κ1909 Statutes of Nevada, Page 181 (CHAPTER 151)κ
issue. In each case the fifteen (15) years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes, paid to the County Treasurer, and by him placed in a fund to be known as the ........................ Sewerage Fund with the name of the city or town preceding the word Sewerage. Sec. 6. All sewerage systems constructed under the provisions of this Act shall be so constructed under the supervision and control of the Board of County Commissioners, acting as such city or town board. The materials may be purchased and the work caused to be done directly by the Board, or it may advertise for plans and specifications, and bids for construction as in cases of other public works. Sec. 7. In all cases wherein such sewerage systems are constructed in unincorporated cities and towns, and such cities and towns are afterwards incorporated, the control and management of such systems shall at once be vested in the municipal governments of such cities and towns. If such cities or towns shall be incorporated while the work of construction is in progress, the work shall, nevertheless, be carried on to completion by the Board of County Commissioners, and when completed the system shall be turned over to the city or town government as it shall have been organized. It shall then be the duty of such city or town government to provide for the payment of the principal and interest upon said bonds, by the levy and collection of taxes as prescribed by law. It shall be the duty of the County Treasurer having custody of the sewerage funds to turn such funds over to the City Treasurer immediately upon the qualification of the City Treasurer, and the bonds, principal and interest shall then be paid by the city government in all respects as prescribed for their payment by the Boards of County Commissioners, acting as city or town boards. |
Commissioners to supervise work.
In case of towns or cities afterward incorporating. |
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Chap. CLII.An Act authorizing the Board of County Commissioners of White Pine County to issue bonds to refund the bonds of such county heretofore issued under an Act entitled An Act to authorize the County Commissioners of White Pine County to issue six per cent bonds to redeem the ten per cent bonds of said county, and other purposes, approved March 3, 1885.
[Approved March 22, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Commissioners of White Pine County are hereby authorized and empowered to issue bonds of such county to the extent of forty thousand dollars, or so much thereof as may be necessary, for the payment, or refunding, of the principal and interest of the bonds of such county authorized to be issued under the terms and provisions of an Act entitled An Act to authorize the County Commissioners of White Pine County to issue six per cent bonds to redeem the ten per cent bonds of said county, and other purposes, approved March 3, 1885, the same being Chapter LV of the laws of 1885. |
White Pine County to issue refunding bonds. |
κ1909 Statutes of Nevada, Page 182 (CHAPTER 152)κ
Bonds, how prepared and issued.
Denomination.
Tax levy for interest and redemption of bonds. |
much thereof as may be necessary, for the payment, or refunding, of the principal and interest of the bonds of such county authorized to be issued under the terms and provisions of an Act entitled An Act to authorize the County Commissioners of White Pine County to issue six per cent bonds to redeem the ten per cent bonds of said county, and other purposes, approved March 3, 1885, the same being Chapter LV of the laws of 1885. Sec. 2. The County Commissioners of said county shall prepare the bonds authorized to be issued under the terms and provisions of this Act, which shall be signed by the Chairman of the Board, countersigned by the County Auditor, endorsed by the County Treasurer, and authenticated with the seal of the County Clerk. There shall be attached to each of said bonds interest coupons numbered consecutively and bearing interest at the rate of six per cent per annum, payable semi-annually on the first Monday of January and the first Monday of July of each year from and after the year of the issuance of said bonds; and said coupons shall express the promise of said county to pay the amount specified in the coupon at the date of the maturity thereof, in gold coin of the United States. Sec. 3. Said bonds shall be of the denominations of five hundred or one thousand dollars each, and each and every bond issued under the terms and provisions of this Act shall promise in substance that the County of White Pine, State of Nevada, owes to and will pay at the maturity of such bond to the holder thereof the sum expressed therein, and each of said bonds shall bear interest at the rate not exceeding six per cent per annum, payable semi-annually, as in Section 2 of this Act provided. The principal and interest of said bonds shall be payable in gold coin of the United States of the present standard of weight and fineness, except as hereinafter provided, twenty years from and after the date of the issuance of said bonds, and shall be payable upon presentation thereof and of said interest coupons at the office of the County Treasurer of said County of White Pine, State of Nevada. Sec. 4. In addition to the other taxes which shall be levied, the County Commissioners of White Pine County shall, for the year 1910, and annually thereafter until the principal and interest of said bonds shall be fully paid, cause to be levied and collected at the time and in the manner provided by law for the levying and collection of taxes for county purposes, a special tax upon all of the taxable property in said county, in an amount sufficient to enable the Treasurer of said county to pay annually two thousand dollars of said bonds, and said bonds shall be retired in the order in which the same shall be issued. Such special tax as herein provided for shall also be levied and collected in an amount sufficient to pay the interest due upon the bonds issued under the terms and provisions of this Act, and to pay the interest upon the bonds to be retired annually as herein provided. |
κ1909 Statutes of Nevada, Page 183 (CHAPTER 152)κ
this Act, and to pay the interest upon the bonds to be retired annually as herein provided. Each of said bonds issued under the provisions of this Act shall be consecutively numbered and shall bear date July 1, 1910. Sec. 5. The Board of County Commissioners of White Pine County are hereby authorized and empowered to issue the bonds authorized by this Act in exchange or payment for the bonds issued by said county under the terms and provisions of said Act approved March 3, 1885, or to sell said bonds to the highest bidder therefor, for cash, in the manner provided by Section 6 of this Act. Sec. 6. The Board of County Commissioners of White Pine County may, in the discretion of such Board, sell any of the bonds herein provided for, for cash, by causing a notice of the sale of said bonds to be published once each week for a period of four consecutive weeks in some newspaper of general circulation, published in said White Pine County; such notice shall describe the bonds proposed to be sold and shall call for sealed bids to be filed with such Board of County Commissioners on or before the day specified in said notice, at which time said bids, if any shall be received, shall be opened and the bonds sold to the highest and best bidder therefor, for cash; provided, that none of said bonds shall be sold at less than the par value thereof; and provided, further, that in the event said bonds, or any thereof, are not sold at public sale, as hereinabove provided, then the Board of County Commissioners is authorized to sell said bonds or so much thereof in amount as they deem best at private sale, for not less than the par value thereof. Said Board of County Commissioners is hereby authorized to reject any or all bids filed for the purchase of said bonds, and to require a deposit to be made in the manner provided for by them as a part of, and accompanying, each bid. Sec. 7. Upon the payment of the bonds authorized to be issued under the terms and provisions of this Act, the County Treasurer of the County of White Pine shall cancel all of said bonds paid or retired, and shall write or stamp across the face thereof, and across the face of each of the interest coupons thereto attached, and paid, the word Canceled, and such County Treasurer is further directed to write or stamp across any of the bonds issued under the said Act of 1885 which shall be received in exchange for the bonds issued under the provisions of this Act, the word Canceled, and the date of such cancelation. Sec. 8. The proceeds of any sale of any of the bonds authorized to be issued by the terms of this Act shall be used exclusively for the payment of the bonds authorized to be issued by the said Act of 1885, and the Board of County Commissioners of White Pine County shall not use any part of the proceeds thereof for any other purpose or purposes whatsoever; provided, that the Board of County Commissioners of White Pine County is authorized to pay the cost of the preparation, sale or issuance of the bonds sold or issued under the terms of this Act out of any county funds, except the school or State funds, provided that payment shall not exceed the sum of two hundred and fifty dollars. |
Duties of Commissioners.
Bond issue to be advertised
Proviso.
Bonds canceled, when.
Proceeds only applied to purposes of this Act. |
κ1909 Statutes of Nevada, Page 184 (CHAPTER 152)κ
Treasurer to keep record.
Repeal. |
of White Pine County is authorized to pay the cost of the preparation, sale or issuance of the bonds sold or issued under the terms of this Act out of any county funds, except the school or State funds, provided that payment shall not exceed the sum of two hundred and fifty dollars. Sec. 9. The County Treasurer of the County of White Pine shall provide and keep a suitable book in his office in which shall be registered the number and amount of the bonds issued under this Act, the date of the sale of said bonds or their exchange for the bonds issued by said county under the terms and provisions of said Act of 1885, the number and amount of bonds sold or exchanged, and to whom said sale or exchange was made, the date of maturity of said bonds and the date of their payment and cancelation. Such record shall also contain the number and description of any bond which has been received in exchange for the bonds issued under this Act, together with the date of the receipt and exchange of such bond and its cancelation. Sec. 10. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. |
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State loan authorized for new State Prison.
Loan, how obtained. |
Chap. CLIII.An Act providing for a State loan and its repayment by issuing certain bonds therefor, levying a certain ad valorem tax, and other matters relating thereto.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and five thousand (105,000) dollars is hereby appropriated for the purpose of aiding and enabling the State Board of Prison Commissioners to carry out the provisions of that certain Act of the Legislature of this State, authorizing and directing said Board to acquire a suitable site and premises for, and to erect and construct thereon, a State Prison. Sec. 2. The moneys herein and hereby appropriated shall be taken and used from the several funds in the several amounts as follows: From the State School Fund the sum of eighty thousand (80,000) dollars; from the University Fund, Ninety Thousand-Acre Grant, the sum of twenty-four thousand (24,000) dollars, and from the State University Fund the sum of one thousand (1,000) dollars, whenever the whole or any part of said respective sums is available in its said respective fund; provided, that before any of said moneys be so taken there shall be deposited in said respective funds sufficient of the bonds herein provided for in the respective amounts so taken. Sec. 3. To secure the payment of said moneys to its respective fund, bonds shall be issued thereto and deposited therein for the respective amounts so taken. |
κ1909 Statutes of Nevada, Page 185 (CHAPTER 153)κ
for the respective amounts so taken. Said bonds shall bear interest at the rate of four per cent per annum, payable semiannually, and the same shall run for twenty years with the option unto the State of redeeming all or any number of said bonds after the expiration of two years from the date of issuance. 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 they shall state in substance that the State of Nevada is indebted to the said respective funds in the respective amounts taken therefrom as aforesaid, which are payable in twenty years, with the option unto the State of Nevada, as aforesaid, with interest thereon at the rate of four per cent per annum, payable semiannually, and that the State of Nevada solemnly pledges its faith and credit for the full payment of both principal and interest of all of said bonds pursuant to the terms thereof and according to law. Sec. 4. The interest on said bonds shall be paid semiannually as aforesaid on the first days of January and July of each year on the written order of said Board to the State Controller, directing him to draw his warrant for the amount thereof on and against the State Prison Interest and Sinking Fund, which is hereby created, which amount shall be paid into the respective funds to which it is due. Sec. 5. There shall be levied and collected for the fiscal year commencing January first, 1909, and annually thereafter, until all of said bonds and the interest thereon have been fully paid, an ad valorem tax of three cents on each one hundred dollars worth of all taxable property in the State, and all moneys derived from said tax shall be paid into the State Prison Interest and Sinking Fund, created aforesaid for the payment of the interest and the redemption of the bonds authorized by this Act. Sec. 6. Nothing in this Act shall be construed to repeal or intending to repeal that certain Act referred to in Section 1 of this Act, but this Act is and the same shall be held to be ancillary to and cumulative herewith; and this Act shall take effect from and after its passage and approval. |
Bonds deposited for loan.
Interest on loan, how payable.
Ad valorem tax.
Not to conflict. |
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Chap. CLIV.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 to fix their residences and salary, and to repeal all other Acts in relation thereto, approved March 27, 1907, approved February 8, 1908.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State of Nevada is hereby divided into nine Judicial Districts. |
|
κ1909 Statutes of Nevada, Page 186 (CHAPTER 154)κ
Judicial Districts remodeled.
Two Judges each for Second and Seventh Districts.
To take effect in 1911.
Exception.
Salaries of Judges.
How raised and paid. |
nine Judicial Districts. The Counties of Storey, Douglas, Ormsby, and Lyon shall constitute the First Judicial District; the County of Washoe shall constitute the Second Judicial District; the Counties of Eureka and Lander shall constitute the Third Judicial District; the Counties of Elko, Lincoln, and Clark shall, except as hereinafter provided, constitute the Fourth Judicial District; the County of Nye shall constitute the Fifth Judicial District; the County of Humboldt shall constitute the Sixth Judicial District; the County of Esmeralda shall constitute the Seventh Judicial District; the County of Churchill shall constitute the Eighth Judicial District, and the County of White Pine shall constitute the Ninth Judicial District. For each of said districts Judges shall be elected by the qualified electors thereof at the general election in the year 1910, and every four years thereafter, except as otherwise provided in this Act, as follows: For each of said districts, except the Second Judicial District and the Seventh Judicial District, there shall be elected one Judge. For the Second Judicial District there shall be two Judges elected, and for the Seventh Judicial District there shall be two Judges elected. Sec. 2. Until the first Monday in January, one thousand nine hundred and eleven, the Judicial Districts of this State shall be and remain as heretofore provided by law, unless there shall occur vacancies in the offices now held by the present incumbents, by deaths, resignations or otherwise; provided, that in case of such vacancy or vacancies the provisions of this Act shall take immediate effect, and there shall be appointed or elected, as provided by law, one District Judge for the Ninth Judicial District, and two District Judges for the Seventh Judicial District, to hold office until the first Monday in January, one thousand nine hundred and eleven after which date there shall be but one District Judge in the Seventh Judicial District. Sec. 3. The salary of each Judge herein elected, or appointed to fill vacancies whenever such vacancies shall occur, shall be four thousand dollars per annum, except the Judge of the Fourth Judicial District whose salary shall be five thousand dollars per annum, and the Judge of the Fifth Judicial District whose salary shall be seven thousand dollars per annum, and the Judge or Judges of the Seventh Judicial District whose salary shall be seven thousand dollars per annum, and the Judge of the Eighth Judicial District whose salary shall be three thousand dollars per annum, all of said salaries to 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 each district in the State shall contribute annually to the said fund its proportionate share of the money necessary to pay the Judge or Judges of its district their respective salaries monthly for such year, based upon the assessment roll of each county for the previous year; and it is hereby made the duty of the 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 Treasurer, 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 Monday 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 money 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. |
κ1909 Statutes of Nevada, Page 187 (CHAPTER 154)κ
assessment roll of each county for the previous year; and it is hereby made the duty of the 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 Treasurer, 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 Monday 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 money 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. 4. The Second Judicial District shall be entitled to and shall have two District Judges; they shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner. Sec. 5. The Seventh Judicial District shall be entitled to and shall have two District Judges to hold office until the first Monday in January, one thousand nine hundred and eleven, and after the said first Monday in January, one thousand nine hundred and eleven, the Seventh Judicial District shall be entitled to but one District Judge, and at the general election of 1910, and every four years thereafter, except as otherwise provided in this Act, there shall be but one District Judge elected for the Seventh Judicial District. The said District Judges of the Seventh Judicial District shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner. Sec. 6. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
No salary in advance. Relating to Second District.
Relating to Seventh District.
Repeal. |
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Chap. CLV.An Act to provide surety bonds for State, county and precinct officers.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That all State, county and precinct officers within the State of Nevada, who are now required by law, or who may hereafter be required by law, to give an official bond for the faithful discharge of the duties of such office, it shall be lawful for such officer or officers aforesaid to give security for the faithful discharge of the duties of their office by any surety company lawfully authorized to do business within the State of Nevada. |
|
κ1909 Statutes of Nevada, Page 188 (CHAPTER 155)κ
Surety companies may be security for all officers.
Counties to pay premium for Treasurers.
Surety companies must comply with State laws.
In effect. |
who may hereafter be required by law, to give an official bond for the faithful discharge of the duties of such office, it shall be lawful for such officer or officers aforesaid to give security for the faithful discharge of the duties of their office by any surety company lawfully authorized to do business within the State of Nevada. Sec. 2. In the case of each County Treasurer of each county in the State of Nevada the premium of such surety bond for such Treasurer shall be paid for by the county out of the general fund of each county. Sec. 3. Whenever any of the aforesaid officials shall tender bonds of any surety company for approval to the County Commissioners, or to any official board or person with whom such official bonds are required to be approved and filed, it shall be the duty of such board, which is required by law to approve the same, to accept such bonds; provided, however, said surety company shall have first complied with the laws of the State of Nevada, and be duly authorized to transact business within this State. Sec. 4. This Act shall take effect and be in force on and after its passage. |
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Action to quiet title, how brought. |
Chap. CLVI.An Act to provide for the establishment of titles to real property and the determination of adverse claims of known and unknown claimants and regulating the proceedings in actions brought for that purpose.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, by himself, or by himself and his predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for more than fifteen years prior to the filing of the complaint, claiming to own the same in fee, or by any other freehold estate, against the whole world, and who has by himself or his predecessors in interest, paid all taxes of every kind levied or assessed and due against the property during the period of five years next preceding the filing of the complaint. Said action shall be commenced by the filing of a verified complaint averring the matters above enumerated. The said complaint must include as defendants in such action, in addition to such persons as appear of record to have, all other persons who are known, or by the exercise of reasonable diligence could be known, to plaintiff to have some claim to an estate, interest, right, title, lien or cloud in or on the lands described in the complaint adverse to plaintiffs ownership and may also include as defendants, any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto, and the plaintiff may describe such unknown defendants in the complaint as follows: Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs ownership, or any cloud upon plaintiffs title thereto. |
κ1909 Statutes of Nevada, Page 189 (CHAPTER 156)κ
include as defendants, any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto, and the plaintiff may describe such unknown defendants in the complaint as follows: Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs ownership, or any cloud upon plaintiffs title thereto. Within ten days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the County Recorder of the county where the property is situated, a notice of the pendency of the action, containing the matters required by section twenty-seven of 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, being Section 3122 of Cuttings Compiled Laws of Nevada. Sec. 2. Within one year after the filing of the complaint, as required by the preceding section, a summons must be issued, which shall contain the matters required by sections twenty-four, twenty-five and twenty-six of said Act, approved March 8, 1869, being Sections 3119, 3120 and 3121 of Cuttings Compiled Laws of Nevada, and in addition thereto, shall contain a description of the property described in the complaint. In said summons the said unknown defendants shall be designated as in the complaint. Within thirty days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of said summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination of the action. All defendants residing in the State of Nevada whose place or places of residence is, or by the exercise of reasonable diligence can be, known to the plaintiff shall be served personally, except as otherwise provided by sections thirty and thirty-one of the said Act approved March 8, 1869, being Sections 3125 and 3126 of Cuttings Compiled Laws of Nevada. After service on all such defendants has been made with the exception last above specified, the plaintiff or his agent or attorney shall make and file an affidavit wherein there shall be stated the names of the defendants who have been served personally, and the names of the defendants who reside out of the State and their places of residence if known to the affiant, and the names of the defendants residing in or out of the State whose places of residence are unknown to the affiant, and the names of the defendants residing in or out of the State whose places of residence are unknown to the affiant, or who resides within, but have departed from, the State, or cannot, after due diligence, be found within the State, or who conceal themselves to avoid service of summons, and thereupon the court or a Judge thereof shall make an order directing the said summons to be served upon the defendants residing out of the State whose places of residence are known to the plaintiff or affiant, and upon the defendants residing in or out of the State whose places of residence are, after the exercise of due diligence, unknown to the plaintiff or affiant, or who reside within, but have departed from the State, or cannot, after due diligence, be found within the State, or who conceal themselves to avoid service of summons, and upon all the unknown defendants as stated in the complaint and summons, by publication in some newspaper of general circulation printed and published in the county where the property is situated, and if there be no such paper in such county, then in some adjoining county, to be designated by the court or a Judge thereof, which publication shall be for once a week for a period of six successive weeks. |
Unknown defendants, how served.
Summons issued, when and how.
Copy of summons to be posted on property.
Personal service, when. |
κ1909 Statutes of Nevada, Page 190 (CHAPTER 156)κ
Service by publication, when.
Service by mail, when.
Defendants concluded by judgment, when.
Service complete, when. Further proceedings, method of. |
said summons to be served upon the defendants residing out of the State whose places of residence are known to the plaintiff or affiant, and upon the defendants residing in or out of the State whose places of residence are, after the exercise of due diligence, unknown to the plaintiff or affiant, or who reside within, but have departed from the State, or cannot, after due diligence, be found within the State, or who conceal themselves to avoid service of summons, and upon all the unknown defendants as stated in the complaint and summons, by publication in some newspaper of general circulation printed and published in the county where the property is situated, and if there be no such paper in such county, then in some adjoining county, to be designated by the court or a Judge thereof, which publication shall be for once a week for a period of six successive weeks. A copy of the summons and complaint, within ten days after the making of said order properly addressed to and with the postage thereon fully prepaid, shall be mailed to each of the defendants who reside out of the State, at their places of residence if known, and also to the defendants residing in or out of the State and whose places of residence or present whereabouts are unknown to plaintiff or affiant, addressed to them at the county-seat of the county where the action is commenced, and at their places of residence, if any, last known to the plaintiff. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person, who has or claims to have any right, title, estate, lien or interest in the said property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under him, shall be concluded by the judgment in such action as effectually as if the action had been brought against the said person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability. Service shall be deemed complete upon the completion of the publication. Sec. 3. When the summons has been served as provided in the preceding section and the time for answering has expired, the Court shall proceed to hear the case as in other cases and shall have jurisdiction to examine into and determine the legality of plaintiffs title and of the title and claim of all the defendants and of all unknown persons, and to that end must not enter any judgment by default, but must in all cases require evidence of plaintiffs title and possession and receive such legal evidence as may be offered respecting the claims and title of any of the defendants and must thereafter direct judgment to be entered in accordance with the evidence and the law. |
κ1909 Statutes of Nevada, Page 191 (CHAPTER 156)κ
judgment to be entered in accordance with the evidence and the law. The Court, before proceeding to hear the case, must require proof to be made that the summons has been served and posted as hereinbefore directed and that the required notice of pendency of action has been filed. The judgment after it has become final shall be conclusive against all the persons named in the summons and complaint who have been served personally, or by publication, and against all unknown persons as stated in the complaint and summons who have been served by publication, but shall not be conclusive against the State of Nevada, or the United States. Said judgment shall have the effect of a judgment in rem except as against the State of Nevada and the United States; and provided, further, that the said judgment shall not bind or be conclusive against any person claiming any recorded estate, title, right, possession, or lien in or to the property under the plaintiff or his predecessors in interest, which claim, lien, estate, title, right, or possession has arisen or been created by the plaintiff or his predecessors in interest within ten years prior to the filing of the complaint. Sec. 4. The remedy provided in this Act shall be construed as cumulative and not exclusive in any other remedy, form or right of action or proceeding now allowed by law, and proceedings under this Act shall be governed by the general provisions of the law relating to actions in civil cases, except in so far as the same are inconsistent with the terms of this Act. Sec. 5. This Act shall take effect upon its passage and signature by the Governor. |
Proof required, when.
Judgment conclusive, when.
State and Nation excepted.
Proviso.
Remedy cumulative, and not exclusive, when.
In effect. |
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Chap. CLVII.An Act for the relief of O. H. Gallup.
[Approved March 23, 1909.]
Whereas, By an Act of the Legislature of this State entitled An Act to define the duties of Lieutenant-Governor when acting as an ex officio officer, approved February 17, 1883 (Statutes 1883, page 41), the Lieutenant-Governor was made ex officio State Librarian, and by an Act of the same Legislature entitled An Act prescribing office hours for State Library and defining the duties of Lieutenant-Governor as ex officio State Librarian, approved March 1, 1883 (Statutes 1883, page 101), the Lieutenant-Governor, as ex officio State Librarian, was required to give a bond in the sum of one thousand dollars ($1,000) for the faithful discharge of his duties, etc. That prior to the Acts of 1883, the compensation of the State Librarian was one hundred and fifty dollars ($150) per month. That by the terms of the Act of February 17, 1883, the Lieutenant-Governor, as ex officio Adjutant-General and ex officio State Librarian, was entitled to a salary of two thousand seven hundred dollars ($2,700). |
Preamble. |
κ1909 Statutes of Nevada, Page 192 (CHAPTER 157)κ
Preamble.
Preamble.
O. H. Gallup entitled to back pay as State Librarian. |
officio State Librarian, was entitled to a salary of two thousand seven hundred dollars ($2,700). Whereas, Charles E. Laughton was elected to the office of Lieutenant-Governor of the State of Nevada at the general election held in the month of November, 1882, and by virtue of the Act of February 17, 1883, the said Charles E. Laughton did, on the 2d day of March, 1883, enter upon his duties as ex officio Adjutant-General and ex officio State Librarian under and by virtue of his office of Lieutenant-Governor, giving his bond as State Librarian in the sum of one thousand dollars ($1,000) as required by law. Whereas, On or about the 31st day of July, 1885, the said Charles E. Laughton, as Lieutenant-Governor and ex officio State Librarian, failing and neglecting to perform his duties as State Librarian, one of his bondsmen withdrew from his bond, and the said Charles E. Laughton, as Lieutenant-Governor and ex officio State Librarian neglected, failed and refused to furnish a new bond, and on the 4th day of September, 1885, the Governor of this State filed in the office of the Secretary of State his written proclamation declaring the office of Librarian vacant. There was no vacancy in the office of Lieutenant-Governor as it was a separate office from that of State Librarian. Whereas, On the 5th day of September, 1885, Governor Adams appointed and duly commissioned O. H. Gallup, State Librarian for the unexpired term. That said O. H. Gallup gave the bond as required by law, qualified, and on the 5th day of September, 1885, entered upon the discharge of his duties as such Librarian, and continued to discharge the duties as such Librarian to and including the 4th day of January, 1887, a period of sixteen (16) months. That the services rendered and duties performed were reasonably worth the sum of one hundred and fifty dollars ($150) per month. That on the 1st day of December, 1886, the said O. H. Gallup made out his claim for services rendered as such Librarian, from the 5th day of September, 1885, until the 1st day of December, 1886, amounting to the sum of $2,250, and the same was allowed and approved by the State Board of Examiners of the State of Nevada. That on the 30th day of December, 1886, the said O. H. Gallup made out his claim against the State of Nevada for his services as such State Librarian for the month of December, 1886, amounting to the sum of $145, and the same was approved by the State Board of Examiners of the State of Nevada, making a total due, and allowed by the State Board of Examiners, to O. H. Gallup, of the sum of $2,395. Whereas, During the session of the Legislature of 1887, the sum of one thousand one hundred dollars ($1,100) was appropriated and applied upon the payment of said claim, leaving a balance due the said O. H. Gallup of one thousand two hundred and ninety-five dollars ($1,295), no part of which has been paid (see Statutes 1887, page 104); and |
κ1909 Statutes of Nevada, Page 193 (CHAPTER 157)κ
Whereas, The services rendered by the said O. H. Gallup was reasonably worth the sum of one hundred and fifty dollars ($150) per month, that the said O. H. Gallup is now advanced in years, unable to perform any manual labor, is in indigent circumstances; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand two hundred and ninety-five dollars ($1,295) is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, to pay to the said O. H. Gallup, in full compensation as balance due him for his services as State Librarian, from the 5th day of September, 1885, until and including the 4th day of January, 1887. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the said O. H. Gallup for the sum of one thousand two hundred and ninety-five dollars ($1,295), and the State Treasurer is hereby directed to pay the same. |
Appropriation to pay O. H. Gallup.
Duties of Controller and Treasurer. |
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Chap. CLVIII.An Act making an appropriation for the purpose of filing-cases and equipment for the preservation of the records in the State Land Office.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Capitol Commissioners are hereby authorized to purchase and install filing-cases and such other furniture and equipment as they may deem necessary for the preservation of the records in the State Land Office of the State of Nevada. For this purpose they shall advertise for sealed bids for the period of thirty days in a newspaper publishing the official advertising for the State of Nevada, and the contract shall be awarded to the lowest responsible bidder. Sec. 2. The sum of fifteen hundred dollars is hereby appropriated out of the General Fund for the purchase and installing of said filing-cases and equipment in the State Land Office. Sec. 3. The State Controller is hereby directed to draw his warrant in payment of the claim specified in this Act, and the State Treasurer is hereby directed to pay the same. |
Equipment for State Land Office.
Appropriation.
Duties of Controller and Treasurer. |
________
κ1909 Statutes of Nevada, Page 194κ
Increasing salary of Deputy Secretary of State.
Deputy Attorney-General.
Duties of Controller and Treasurer. |
Chap. CLIX.An Act fixing the salaries of certain deputies in State offices.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act the salary of the Deputy Secretary of State shall be two thousand four hundred dollars per annum, payable out of the General Fund; provided, that the said Deputy Secretary of State shall not receive any additional compensation for services as Clerk of the Board of Prison Commissioners, Clerk of the Board of Examiners, or as clerk or deputy of any other board or commission. Sec. 2. The salary of one Deputy Attorney-General is hereby fixed at twenty-four hundred dollars per annum, payable out of the General Fund in the same manner as salaries of other State officers are paid. Sec. 3. The State Controller is hereby directed to draw his warrant for the salaries named in sections one and two of this Act, and the State Treasurer is hereby directed to pay the same each month. |
________
Washoe County salaries. Assessor.
Treasurer.
Recorder. |
Chap. CLX.An Act fixing and regulating the salaries of certain officers of Washoe County, Nevada, and the compensation of deputies and assistants in office.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the approval of this Act, the Assessor of Washoe County, Nevada, shall receive a salary of twenty-six hundred dollars per annum, and the further sum of thirty-four hundred dollars per annum to be disbursed as compensation for deputies and traveling expenses. Sec. 2. The County Treasurer of Washoe County, Nevada, shall receive a salary of twenty-one hundred dollars per annum, and the further sum of twenty-four hundred dollars per annum for assistants. Sec. 3. The County Recorder and ex officio Auditor shall receive a salary of twenty-one hundred dollars per year, of which sum twelve hundred dollars shall be his salary as Auditor, and the further sum of fifteen hundred dollars for a Deputy Auditor, and the further sum of two thousand dollars for copyists. Sec. 4. The County Commissioners of Washoe County, Nevada, shall receive a salary of nine hundred dollars each per annum. |
κ1909 Statutes of Nevada, Page 195 (CHAPTER 160)κ
Nevada, shall receive a salary of nine hundred dollars each per annum. Sec. 5. All Acts and parts of Acts in conflict herewith are hereby repealed. |
Commissioners. Repeal. |
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Chap. CLXI.An Act fixing and regulating the salaries of certain officers of Churchill County, Nevada.
[Approved March 23, 1909.]
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 District Attorney of Churchill County shall receive a salary of twelve hundred dollars per year. Sec. 2. In addition to the amounts mentioned in section one of this Act, the said District Attorney shall also be allowed his actual expenses when called from the county-seat in discharge of the official duties of the said office of District Attorney. The above salary and expenses shall be in full for all services rendered. Sec. 3. The County Clerk and ex officio Clerk of the Board of County Commissioners shall receive the sum of eighteen hundred dollars per annum; he shall have authority to appoint a deputy with an annual salary of twelve hundred dollars. All fees authorized by law shall be collected by said County Clerk and paid to the County Treasurer on the first Monday of each and every month, and he shall at the same time prepare and file with the County Treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month previous, and also a duplicate copy thereof with the Board of County Commissioners. Sec. 4. The County Treasurer shall receive a salary of eighteen hundred dollars per year, which shall be in full for all services rendered. The County Assessor shall receive a salary of two thousand dollars per year, which shall be in full for all services rendered. Sec. 5. All salaries herein provided for shall be payable monthly, in twelve equal installments. The County Auditor shall on the first Monday of each month draw his warrant on the salary fund in favor of each of the officers named herein for the salaries due said officers for the last preceding month, and the County Treasurer shall pay said warrants out of said fund. Sec. 6. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
Churchill County salaries. District Attorney.
Expenses.
County Clerk.
Treasurer.
Assessor.
Salaries payable monthly.
Repeal. |
________
κ1909 Statutes of Nevada, Page 196κ
Salary of Washoe County Clerk.
Fees.
Fees enumerated. |
Chap. CLXII.An Act to regulate the fees and compensation of the County Clerk of Washoe County, State of Nevada, and to repeal all other Acts and parts of Acts in conflict therewith.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The County Clerk of Washoe County, State of Nevada, for all services rendered as such Clerk, and for all ex officio services by him rendered, shall receive the salary of twenty-four hundred dollars per annum, payable in monthly installments of two hundred dollars, and shall be allowed the fees provided for in section two of this Act; provided, that said Clerk shall neither charge, nor collect, any fees for services by him rendered to the State of Nevada, or to the County of Washoe. Sec. 2. The County Clerk of Washoe County, State of Nevada, shall be allowed to charge, and to collect, the following fees: On the commencement of any action or proceeding in the District Court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, seven dollars; said fee to be in addition to the court fee now provided for by law; On the filing of a petition for letters testamentary, or of administration, or guardianship, eight dollars and fifty cents, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be paid in addition to the court fee now provided for by law; On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner; On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars; For every additional defendant, appearing separately, two dollars and fifty cents; The foregoing fees shall be in full for all services rendered by such Clerk in the case, to and including the making up of the judgment roll. On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the Clerk, in full for all services to be rendered in connection with said motion, two dollars and fifty cents; For issuing an execution or order of sale, in any action, one dollar; For filing a notice of appeal, and appeal bonds, each, fifty cents. |
κ1909 Statutes of Nevada, Page 197 (CHAPTER 162)κ
In all proceedings begun, or for acts performed, previous to this Act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun or acts performed. The Clerk shall also be entitled to charge and collect the following fees and compensations not above provided for: For any copy of any record, proceeding or paper on file in the office of the Clerk, relating to any civil action theretofore tried or pending in said court, when such copy is made by him, per folio, fifteen cents; For each certificate of the Clerk, under the seal of the court, fifty cents; For filing each claim, in probate or insolvency proceedings, to be paid by the party filing such claim, fifteen cents. No fee shall be allowed to, or charged by, the Clerk for any services rendered in any criminal case. For services rendered by the Clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees: For issuing marriage licenses, one-half to be paid to the County Recorder, two dollars; For filing, indexing, and recording articles of incorporation, ten dollars; For filing, indexing, and registering certificates of copartnership, one dollar; For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each, twenty-five cents; For issuing any license required by law, other than marriage licenses, one dollar; For examining and certifying to a copy of any paper, record or proceeding, prepared by another, and presented for his certificate, two dollars, and two cents per folio, for comparing said copy with the original; For making satisfaction of or credit on judgment, twenty-five cents; For filing and receiving remittitur from Supreme Court, fifty cents; For administering each oath, without certificate, except in a pending action or proceeding, twenty-five cents; For taking any affidavit, except in criminal cases, twenty-five cents; For taking and approving each undertaking, and the justification thereof, except in criminal cases, fifty cents; For searching records or files in his office, for each year (but not to charge suitors or attorneys), fifty cents; For taking acknowledgment of any deed, or other instrument, including the certificate, one dollar. Sec. 3. All Acts and parts of Acts, in conflict with this Act, are hereby repealed. |
Fees enumerated.
Repeal. |
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κ1909 Statutes of Nevada, Page 198κ
Amending General Corporation Law. |
Chap. CLXIII.An Act to amend an Act entitled An Act providing a General Corporation Law, approved March 16, 1903, the same being Chapter LXXXVIII of the Laws of 1903.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 41 of said Act is hereby amended so as to read as follows: Section 41. Any corporation of this State, whether organized under this Act or by a special Act of incorporation or under general laws, excepting railroad corporations, may increase or decrease its capital stock, change its name, the par value of the shares of its capital stock, or the location of its principal office in or out of this State, and fix any method of altering its by-laws permitted by this Act in the manner prescribed in the foregoing section, and any corporation may in the same manner relinquish one or more branches of its business, or extend its business to such branches as might have been inserted in its original certificate of incorporation; provided, that any corporation of this State, except railroad corporations, which has exercised any of the powers, or caused to be done any of the acts, hereinabove specified, in the manner provided by this Act, shall be deemed to have possessed such powers as fully and to the same extent as if they had been expressly conferred upon such corporation by the terms and provisions of this Act, and all such powers and acts are hereby ratified, confirmed and approved.
|
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State will act as agent for land buyers.
Proviso. |
Chap. CLXIV.An Act to provide for the reclamation and occupancy of lands subject to acceptance by the State of Nevada under the provisions of the Acts of Congress approved August 18, 1894, June 11, 1896, and March 3, 1901, and to repeal all Acts in conflict therewith.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State of Nevada will act as agent for any citizen of the United States, or any person or persons who have legally declared their intentions to become such, company, association or incorporated company, who desire to obtain lands in this State under the provisions of the Acts of Congress, approved August 18, 1894, June 11, 1896, and March 3, 1901, and will, when the lands are approved to the State, issue a patent to the lands thus reclaimed to actual settlers, free of cost, as to the services of the State as such agent; provided, the State Land Register may appoint deputies in each of the several counties of the State who shall be authorized to make the affidavits required by the General Land Office showing the character of the lands sought to be reclaimed, and such deputies shall be the State selecting agents for the selection of lands in their respective counties, the expenses of said deputies to be paid by the applicant for said lands; provided, said applicant shall not be required to pay any expenses as aforesaid excepting those incurred in connection with or to enable him to make his said application. |
κ1909 Statutes of Nevada, Page 199 (CHAPTER 164)κ
each of the several counties of the State who shall be authorized to make the affidavits required by the General Land Office showing the character of the lands sought to be reclaimed, and such deputies shall be the State selecting agents for the selection of lands in their respective counties, the expenses of said deputies to be paid by the applicant for said lands; provided, said applicant shall not be required to pay any expenses as aforesaid excepting those incurred in connection with or to enable him to make his said application. Sec. 2. Any person or persons, company, association or incorporated company constructing, having constructed, or desiring to construct, ditches, canals, artesian wells, or other irrigation works to reclaim lands under the provisions of this Act, shall file in the office of the State Land Register a list or lists of the lands desired by them, describing the same by legal subdivisions with a request for the segregation by the State of the lands described therein. This request shall be accompanied by a proposal to construct the ditch, canal, artesian wells, or other irrigation works necessary for the complete reclamation of the lands described, also by the certificate of the State Engineer that application for permit to appropriate water has been filed in his office, together with his report thereon. It shall state the source of water supply, the location and dimensions of the proposed works, the estimated cost thereof, the price and terms per acre at which perpetual water rights will be sold to settlers on the land to be reclaimed, said perpetual rights to embrace a proportionate interest in the canal, reservoir, or other irrigation works, together with all the rights and franchises attached thereto. In case of incorporated companies they shall accompany said proposal with a certified copy of the articles of incorporation. If the applicant is not an incorporated company, the proposal shall set forth the name or names of the party or parties and such other facts as will enable a determination of his or their financial ability to carry out the proposed undertaking. Sec. 3. The list or lists and proposal, as designated in section two of this Act, shall be treated as applications for the lands described therein and shall have the effect of withholding the land or lands therein described from application by any other person or persons, company, association or incorporated company, for a period of six months from the date of such filing; provided, that during said period of six months the applicant or applicants shall deposit in the State Land Office plans, affidavits and lists as required by the Secretary of the Interior and the Commissioner of the General Land Office. Sec. 4. Immediately upon the receipt of the lists and affidavits the State Land Register shall examine the same and ascertain if they comply with the regulation of the Department of the Interior and the rules of the State Land Office. If they do not, they shall be returned for correction; |
State selecting agents.
Construction of works for water supply.
Duties of State Engineer.
Lands withheld, when.
Proviso.
Duties of State Land Register and State Engineer. |
κ1909 Statutes of Nevada, Page 200 (CHAPTER 164)κ
Duties of State Engineer.
Proceedings under favorable report.
Proceedings under unfavorable report.
State Land Register; agreement with Interior Department. |
but if they do so comply, they shall be submitted to the State Engineer, who shall examine the same and make a written report in duplicate to the State Land Register, stating whether or not the proposed works are feasible; whether the proposed diversion of the public waters of the State will prove beneficial to the public interest; whether there is sufficient unappropriated water in the source of supply; and whether or not a permit to divert and appropriate water through the proposed works has been approved by him; whether the capacity of the proposed works is adequate to reclaim the land described; whether or not the proposed cost of construction is reasonable; and whether or not the lands proposed to be irrigated are desert in character and such as may properly be set apart under the provisions of the aforesaid Act of Congress, and the rules and regulations of the Department of the Interior. Whenever the State Engineer shall be unable, from an examination of the maps and field notes submitted for his examination, to determine whether or not the proposed irrigation works are feasible and adequate, whether or not the proposed cost of construction is reasonable, or whether or not the proposed diversion of the public water is beneficial to public interest, and whether or not the lands proposed to be irrigated are of such a character as to come under the provisions of the aforesaid Act of Congress, it shall be his duty to make, or cause to be made by some qualified assistant, such survey or examination as will enable him to report intelligently thereon to the State Land Register. Sec. 5. On receipt of a favorable report from the State Engineer, the State Land Register shall immediately file in the United States Land Office at Carson City, Nevada, a copy of said report and all plans, affidavits and lists required by the regulations of the Secretary of the Interior and Commissioner of the General Land Office, with a request for the selection on behalf of the State of the lands so applied for. Sec. 6. Should the State Engineer report adversely upon the proposed irrigation works, either as to the water supply, the feasibility of the construction, the cost or capacity of the works, or as to the character of the lands sought to be irrigated, the State Land Register shall return to the person or persons making such proposal, the maps, plans, affidavits and lists submitted by them, and the reasons therefor. The parties so notified shall have sixty days in which to submit a satisfactory proposal or appeal therefrom. Sec. 7. The State Land Register is hereby authorized to enter into the agreement prescribed by the Secretary of the Interior binding the State not to lease or dispose of said lands in any way whatever, except to secure their reclamation, cultivation and settlement, and not to sell or dispose of more than one hundred and sixty acres to any one person, and then only to bona fide settlers who are citizens of the United States, or who have declared their intentions to become such citizens, and to cause a copy thereof, together with a copy of all rules and regulations issued thereunder or under said Acts of Congress, to be spread upon the deed records of each of the counties of the State of Nevada in which any of said lands shall be situated. |
κ1909 Statutes of Nevada, Page 201 (CHAPTER 164)κ
and to cause a copy thereof, together with a copy of all rules and regulations issued thereunder or under said Acts of Congress, to be spread upon the deed records of each of the counties of the State of Nevada in which any of said lands shall be situated. Sec. 8. Upon the withdrawal of the lands by the Department of the Interior, it shall be the duty of the State Land Register to enter into a contract with the company or corporation submitting the proposal, which contract shall contain complete specifications of the location, dimension, character, and estimated cost of the proposed ditch, canal or other irrigation works and the price and terms per acre at which such works and perpetual water rights shall be sold to settlers. This contract shall not be entered into by the State Land Register on the part of the State until the withdrawal of the lands described therein by the Department of the Interior and the filing of satisfactory proof that the applicant is prepared to commence work on said irrigation works within the time hereinafter specified. Sec. 9. No contract shall be entered into by the State Land Register on the part of the State which requires a greater time than three years for the construction of the works, but all contracts must provide that work shall commence within three months from the date of said contract, that at least one-tenth of the construction work shall be completed within one year from the date of said contract, that construction shall be prosecuted diligently and continuously to completion, and that a cessation of the work under the contract with the State for a period of three months shall forfeit to the State all rights under said contract; provided, the suspension of work during the months of December, January, February and March shall not be deemed a forfeiture. Sec. 10. Nothing in this Act shall be construed as authorizing the State Land Register to obligate the State to pay for any work constructed under any contract or to hold the State in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the State. Sec. 11. Any citizen of the United States, or any person who has legally declared his intention to become such, over the age of twenty-one years may make application to the State Land Register to enter any of said lands in any amount not to exceed one hundred and sixty acres for any one person; and such application shall set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the Acts of Congress and the laws of this State relating thereto, and that the applicant has never received the benefits of the provisions of this Act to an amount greater than one hundred and sixty acres including the number of acres specified in the application under consideration. |
State Land Register to enter into contract, when.
Cessation of work to act as forfeiture.
Proviso.
State never held responsible.
Any citizen may apply for lands. |
κ1909 Statutes of Nevada, Page 202 (CHAPTER 164)κ
Settler must furnish proof.
Land Register to issue patent free, when.
Rules to be made.
Applicant to pay all fees.
Repeal. |
the application under consideration. Such application must be accompanied by a certified copy of a contract for a perpetual water right made and entered into by the party making application with the person, company or corporation who have been authorized by the State to furnish water to the settlers for the reclamation of said lands; and if said applicant has at any previous time entered lands under the provisions of this Act, he shall so state in his application, together with description, date of entry and location of the same. The State Land Register shall thereupon file in his office the application and papers relating thereto, and if allowed, issue a certificate of location to the applicant. Sec. 12. Whenever any of said lands are irrigated, reclaimed and occupied as provided in said Acts of Congress, the settler shall furnish satisfactory proof in accordance with such rules and regulations as may be prescribed by the Secretary of the Interior and the State Land Register with the request for patent thereon. Sec. 13. Upon the issuance of a patent to any lands by the United States to the State, notice shall be forwarded by the State Land Register to the settler upon the land. It shall be the duty of the State Land Register to issue a patent free of charge to the applicant, and none other, except as may be ordered by a court having jurisdiction. All patents shall be in such form as the Attorney-General and State Land Register shall jointly prescribe, to be signed by the Governor, attested by the Secretary of State under seal, and countersigned by the State Land Register. Sec. 14. The State Land Register is hereby authorized and required to make such rules and regulations as may be necessary in conformity with the Acts of Congress and the regulations of the General Land Office to carry out the provisions of this Act and to furnish the necessary blanks to intending applicants for said lands, and it is made the duty of the Superintendent of State Printing to furnish such blanks upon the order of the State Land Register. Sec. 15. All United States selection fees, expenses of recording agreements between the Secretary of the Interior and the State, and of the rules and regulations, and of publishing lists of lands selected under the provisions of the Act, and all charges of whatsoever kind or character, except for the blanks, shall be paid by the applicant. Sec. 16. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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κ1909 Statutes of Nevada, Page 203κ
Chap. CLXV.An Act to define contributory dependency and contributory delinquency, and to make the same a misdemeanor, and to provide for the punishment of persons guilty thereof.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Definition. Any person who shall by any act cause, encourage, or contribute to the dependency or delinquency of a child, as these terms with reference to children are defined by the statutes of this State, or who shall for any cause be responsible therefor, shall be guilty of a misdemeanor, and upon trial and conviction thereof, shall be fined in a sum not to exceed five hundred dollars or imprisoned in the county jail for a period not exceeding one year, or by both such fine and imprisonment. When the charge against any person under this Act concerns the dependency of a child or children, the offense for convenience may be termed contributory dependency, and when it concerns the delinquency of a child or children for convenience it may be termed contributory delinquency. Sec. 2. Suspension of Sentence. The court may suspend any sentence, stay or postpone the enforcement of execution, or release from custody any person found guilty in any case under this Act upon such conditions as shall be imposed by the court in accordance with the provisions of this Act. Sec. 3. Conditions of Suspended Sentence. (a) Such conditions may include the following: Any person found guilty under this Act of contributory dependency may be required to furnish a good and sufficient bond to the people of the State of Nevada in such sum as the court shall determine, not exceeding one thousand dollars, conditioned for the payment of such amount as the court may order not exceeding twenty dollars per month for the support, care and maintenance of the child to whose dependency such person has contributed; such sum to be expended under the directions and orders of the court for the purposes mentioned. (b) The court may permit any child to remain in the custody of the person found guilty by this Act of contributing to its dependency, under such suspended sentence, upon such conditions for the treatment and care of such child as may seem to the court to be for its best welfare, or as may be calculated to secure obedience to the law or to remove the cause of such dependency or neglect, and while such conditions are accepted and complied with by any such person, such sentence may remain suspended subject to be enforced upon the violation of any of the conditions imposed by the court; and such bond may be forfeited upon a failure to comply with any such conditions, as well as upon the failure to pay any amount required for the maintenance of such child. |
Relating to certain children.
Contributory dependency.
Contributory delinquency. Suspension of sentence.
Conditions of suspended sentence.
Same. |
κ1909 Statutes of Nevada, Page 204 (CHAPTER 165)κ
Conditions of bond.
Violations of conditions of suspended sentence.
Limitation of sentence two years. |
Sec. 4. Conditions of Bond. As a part of the conditions of any such bond mentioned in Section 3 hereof, it shall be understood that it shall not be necessary to bring a separate suit to recover the penalty of any such bond which has become forfeited, but the court may cause a citation or a summons to issue to the surety or sureties thereon, requiring that he or they appear at a time named by the court, which time shall be not less than ten or more than twenty days from the issue thereof and show cause, if any there be, why a judgment should not be entered for the penalty of such bond and execution issued for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such sufficient cause, the court shall enter such judgment in behalf of the people of the State of Nevada, against the principal and such surety or sureties on such bond not to exceed the sum of one thousand dollars ($1,000) including the cost. Any moneys collected or paid upon any such execution or in any case upon such bond, shall be turned over to the Clerk of the Court (Juvenile Department) of the county in which such bond is given, to be applied first to the payment of all court costs and then to the care or maintenance of the child or children for whose dependency such conviction was had, in such manner and upon such terms as the court may direct. If any such moneys so collected be unnecessary for the purposes last mentioned, it shall be turned over within one year to the Treasurer of the county. Sec. 5. Violation of Conditions of Suspended Sentence. In the case of any person found guilty of contributory dependency or contributory delinquency where the court has suspended the execution of the sentence during the good behavior and satisfactory conduct of the defendant or upon any other terms and conditions which may have been imposed by the court, it shall be made to appear to the satisfaction of the court at any time during such suspended sentence or stay of execution that it ought to be enforced, the court may thereupon enforce the same, and any jail sentence thereunder shall commence from the date upon which such sentence is ordered. Sec. 6. Limitation of Sentence Two Years. No sentence shall be suspended or final judgment or execution shall be stayed in the case of any person found guilty under this Act, to exceed a period of two years. If at any time prior thereto it shall appear to the satisfaction of the court that such person has complied faithfully with the conditions of any suspended sentence, judgment, or execution, or is for any cause, in the opinion of the court, entitled to be released therefrom, the court may suspend such sentence indefinitely, in which case such person shall be finally released and discharged, as he shall be in any event at the end of two years from imposition of any such sentence; provided, that if any defendant be actually serving a jail sentence imposed under this Act and enforced before the expiration of said two years in accordance with the provisions of this Act, then in such case the defendant shall not be finally discharged until the expiration of any such sentence. |
κ1909 Statutes of Nevada, Page 205 (CHAPTER 165)κ
this Act and enforced before the expiration of said two years in accordance with the provisions of this Act, then in such case the defendant shall not be finally discharged until the expiration of any such sentence. Sec. 7. Officers to File Complaints. Probation Officers having the powers of Sheriffs or police officers, as well as county prosecuting attorneys, shall have the right and be vested with all power necessary to file complaints against any person under this Act and to prosecute any such case. In all such cases it shall be the duty of the county prosecuting officer representing the people to prepare any such complaints and prosecute any such cases for such Probation Officer when so requested by such officer or Judge of the Juvenile Department of the District Court; but nothing herein shall be construed to interfere with any county prosecutor representing the people prosecuting such cases under this or any other Act as in other criminal cases. Sec. 8. (a) Construction. In order to find any person guilty of violating this Act it shall not be necessary to prove that the child has actually become dependent or delinquent, provided it appears from the evidence that through any act of neglect or omission of duty or by any improper act or conduct on the part of any such person the dependency or delinquency of any child may have been caused or merely encouraged. 8. (b) This Act shall always be liberally construed in favor of the State for the purpose of the protection of the child from neglect or omission of parental duty toward the child by the parents, as well as also to protect the children of the State from the effects of the improper conduct, acts, or the bad example of any person or persons whomsoever, which may be calculated to cause, encourage or contribute to the dependency or delinquency of the children, although such persons are in no way related to the child. 8. (c) Nothing in this Act shall be construed to be in conflict with or to repeal or prevent proceedings under any Act or statute of this State which may have otherwise defined any specific act of any person as a crime of any character, which act might also constitute contributory delinquency, or contributory dependency, or to prevent or interfere with proceedings under any such Acts, nor shall it be construed to be inconsistent with or to repeal any Act providing for the support by parents or parent of their minor children, or any Act providing for the punishment of cruelty to children, or the taking of indecent liberties with, or selling liquor, or tobacco or firearms to children, or permitting them in evil or disreputable places, and nothing in any such Acts or similar Acts shall be construed to be inconsistent with or to repeal this Act or prevent proceedings hereunder, but in all cases where there shall be more than one prosecution for the same offense, under whatever Acts of the character herein described, the fact may be given in evidence to the Judge of the court, and may be in the discretion of the court considered in mitigation of any sentence in any such cases. |
Officers to file complaints.
Construction
Act liberally construed.
Not to conflict with previous Acts. |
κ1909 Statutes of Nevada, Page 206 (CHAPTER 165)κ
Invalidity, how construed. |
the discretion of the court considered in mitigation of any sentence in any such cases. 8. (d) Invalidity of any portion of this Act shall not affect the validity of any other portion thereof which can be given effect without such invalid part. |
________
Road Supervisor in White Pine County.
When elected.
Duty of Road Supervisor.
Salary, and how paid. |
Chap. CLXVI.An Act to create the office of Road Supervisor in the County of White Pine.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of White Pine County is hereby authorized and empowered to appoint some suitable person, an elector of said county, as Road Supervisor in such county, who shall hold office until the next general election, when there shall be elected in such county a Road Supervisor for the County of White Pine. Such Road Supervisor shall be elected in the same manner and at the same time as other county officers are elected, and his term of his office shall be for two years. Sec. 2. It shall be the duty of said Road Supervisor to examine and inspect all county roads and public highways in the County of White Pine, outside of any incorporated town or city, to report the condition thereof to the Board of County Commissioners, to supervise the repairs made on any such road or highway, or the opening or building of any new roads, to keep the same free of obstructions and to perform such other duties in relation thereto as said Board of County Commissioners shall prescribe. Sec. 3. The Board of County Commissioners of White Pine County shall pay to said Road Supervisor a salary of one hundred and twenty-five dollars per month out of the general county funds, and may use any of said funds for such purpose, except the school fund and the State fund. |
________
Repairs to State Prison. |
Chap. CLXVII.An Act making an appropriation for various repairs in the State Prison.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated, out of any moneys in the General Fund in the State Treasury not otherwise appropriated, the sum of fifteen thousand dollars, to be expended under the direction of the Board of State Prison Commissioners for the purpose of repairing and constructing walls, installing additional and necessary plumbing and for various other urgently needed repairs in and about the State Prison as said Board shall deem, after investigation, for the best interest of said Prison. |
κ1909 Statutes of Nevada, Page 207 (CHAPTER 167)κ
installing additional and necessary plumbing and for various other urgently needed repairs in and about the State Prison as said Board shall deem, after investigation, for the best interest of said Prison. |
|
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Chap. CLXVIII.An Act concerning the granting of franchises by Boards of County Commissioners, prescribing the terms under which said franchises shall be granted, and repealing certain Acts pertaining thereto, and allowing corporations, associations and persons having franchises obtained under other laws of this State to obtain the benefits of this Act, and providing for other matters properly connected therewith.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of any county in this State is hereby authorized and empowered to grant to any person, company, corporation, or association the franchise, right, and privilege to construct, install, operate, and maintain street railways, electric light, heat, and power lines, gas and water mains, telephone and telegraph lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues, and other places in any unincorporated town or city in such county, and along the public roads and highways of such county, when the applicant therefor shall comply with the terms and provisions of this Act. Sec. 2. Any person, company, corporation or association desiring such franchise, right or privilege for any purpose specified in Section 1 of this Act shall file with the Board of County Commissioners of the county wherein such franchise, right or privilege is to be exercised, an application in writing which shall contain and set forth: First, the name of the applicant and the time for which said franchise, right or privilege is desired, not exceeding twenty-five years. Second, the places where such franchise, right or privilege is to be exercised, and, if in any unincorporated town or city, the streets, avenues, alleys and other places through, over, under or along which such franchise, right or privilege is sought. Third, if such application shall be for a street railway, it shall contain a designation of the route of the proposed line in any such county, and shall specify the width of ground desired to be included in its right of way. Fourth, a map or plat correctly showing and delineating, so far as practicable, the proposed route, or right of way of any such street railway, light, heat or power, telegraph or telephone lines, and the places where such gas or water mains shall be laid or installed. Sec. 3. An applicant shall also file with such application and as a part thereof, if such franchise, right or privilege is to be exercised within any unincorporated town or city in such county, a petition in writing, signed by a majority of the resident taxpayers of such unincorporated town or city. |
Franchises for electric, gas, water, telephone and telegraph utilities, when granted.
Mode of application for franchise; not to exceed 25 years. |
κ1909 Statutes of Nevada, Page 208 (CHAPTER 168)κ
Petition to accompany application.
County Commissioners to advertise.
Objections, how heard.
Petition, when granted.
County Commissioners to require guaranty as to construction. |
and as a part thereof, if such franchise, right or privilege is to be exercised within any unincorporated town or city in such county, a petition in writing, signed by a majority of the resident taxpayers of such unincorporated town or city. Said taxpayers must be residents and owners or real estate situated in said county, and paying taxes upon said real estate; provided, that if such street railway, electric light, heat, and power lines, gas, and water mains, telegraph and telephone lines shall not pass through any unincorporated town, or city, no petition need be filed with the said application for the franchise. Upon receipt of such application for such franchise, right or privilege, accompanied by a deposit sufficient in amount to cover the cost of publication, to be fixed by said Board of County Commissioners, it shall be the duty of such Board to cause such application to be published once a week for four consecutive weeks in some newspaper of general circulation, published in such county nearest the place where such application shall take effect, if such there be, and if not, then such application shall be posted for a like period by the County Clerk of such county in three public places therein, together with a notice specifying a day not later than ten days after the completion of such publication, or, at the next regular meeting of such Board after the completion of such period of publication, when objections to the granting of such franchise, right or privilege as applied for, shall be heard. Sec. 4. On the day specified in such notice for the hearing thereof, or at the next regular meeting of such Board thereafter, all objections to the granting of such franchise shall be presented to said Board of County Commissioners. The Board shall proceed at once with the consideration of the application, but may adjourn the hearing from time to time, not exceeding in all thirty (30) days, until a final decision is reached. Sec. 5. If upon full consideration of all the facts the Board of County Commissioners determine that a majority of the resident taxpayers, as hereinbefore provided, have signed said petition and desire said franchise allowed, they shall fix the terms and prescribe the conditions under which said franchise is to be granted, the character or kinds of service to be rendered, the maximum rates to be charged for the service, and such other matters properly connected therewith; and shall thereupon grant such franchise subject to said terms and conditions. Sec. 6. The County Commissioners at the time of granting any such authority, franchise and right of way, shall require the applicant to enter into an undertaking to the county in a sum to be determined by the Board of County Commissioners, with surety or sureties approved by such Board, conditioned that such applicant shall commence active construction of such telephone, telegraph, light, heat or power lines, the laying of gas or water mains, or such street-car system, for which such franchise, right or privilege is granted, within sixty days from the date of the granting of such franchise, right or privilege, and prosecute the construction thereof to completion with due diligence; failing to comply with the conditions of such undertaking to pay into the treasury of the county to which such undertaking is given the sum of money mentioned therein and forfeit all rights to such franchise, right or privilege. |
κ1909 Statutes of Nevada, Page 209 (CHAPTER 168)κ
lines, the laying of gas or water mains, or such street-car system, for which such franchise, right or privilege is granted, within sixty days from the date of the granting of such franchise, right or privilege, and prosecute the construction thereof to completion with due diligence; failing to comply with the conditions of such undertaking to pay into the treasury of the county to which such undertaking is given the sum of money mentioned therein and forfeit all rights to such franchise, right or privilege. Sec. 7. Every applicant for a franchise for any of the purposes mentioned in Section 1 of this Act, shall, within ten days after such franchise is granted, file with the County Recorder of such county an agreement properly executed by the grantee of such franchise, right or privilege to pay annually on the first Monday of July of each year to the County Treasurer of the county wherein such franchise, right or privilege is to be exercised, for the benefit of the school fund of such county, two per cent of the net profits made by such grantee in the operation of any public utility for which such franchise is granted, and no power, function, right or privilege shall be exercised until such agreement shall be filed. Sec. 8. The grantee of any franchise, right or privilege secured under the terms and provisions of this Act shall file annually, on or before the first Monday of March in each year, with the Assessor of the county wherein it is engaged in business, under such franchise, right or privilege, an affidavit made by its president and secretary setting forth the gross receipts and expenses for the preceding year, and the net profits, if any, for the same period. Sec. 9. Every person, company, corporation or association receiving a franchise under the provisions of this Act shall provide a plant with all necessary appurtenances of approved construction for the full performance of his, her, their or its franchise duties, rights and obligations, and for the needs, comfort and convenience of the inhabitants of the various unincorporated towns and cities, county or place to which such franchise relates; shall keep such plants and appurtenances, including all tracks, cars, poles, wires, pipes, mains and other attachments in good repair, so as not to interfere with the passage of persons or vehicles, or the safety of persons or property. The Board of County Commissioners shall, when granting such franchise have authority to so fix and direct the location of all tracks, poles, wires, mains, pipes and other appurtenances upon the public streets, alleys, avenues and highways as to best serve the convenience of the public, and such Board shall likewise have authority to change the location of any such appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public shall so require. All poles, except poles from which trolley wires are suspended for street-car lines, from which wires are suspended for electric railroads, power, light or heating purposes within the boundaries of unincorporated towns and over public highways shall not be less than thirty (30) feet in height, and the wires strung thereon shall not be less than twenty-five feet above the ground, and every person, company, association or corporation operating a telephone, telegraph or electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its expense, a competent electrician to cut, repair and replace wires in all cases where such cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways. |
Grantee to pay 2 per cent of net profits to school fund.
Grantee to submit statements.
Plant of approved construction.
Commissioners to fix location of poles, tracks, etc.
Height of poles and wires regulated. |
κ1909 Statutes of Nevada, Page 210 (CHAPTER 168)κ
No exclusive franchise granted.
Public condemnation of land, when.
Other Acts to also govern.
Provisos. |
light or heating purposes within the boundaries of unincorporated towns and over public highways shall not be less than thirty (30) feet in height, and the wires strung thereon shall not be less than twenty-five feet above the ground, and every person, company, association or corporation operating a telephone, telegraph or electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its expense, a competent electrician to cut, repair and replace wires in all cases where such cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways. And no person, company, corporation or association shall be granted an exclusive franchise nor shall any Board of County Commissioners have authority to grant a franchise in such manner or under such terms or conditions as to hinder or obstruct the granting of franchises to other grantees, or in such manner as to obstruct or impede reasonable competition in any business or public service to which this Act applies. Sec. 10. If the owner of any real property upon or over which the proposed line of the grantee of the franchise is to run, shall object to the use of his said property for such purpose, the land reasonably necessary therefor may be condemned in the manner prescribed by law for the condemnation of land for the public use, such condemnation to be in a proceeding brought for the purpose by the grantee of the franchise. If any property, real or personal, abutting or adjacent to the line of the right of way of said franchise shall be injured or damaged by the running or operation of the said line under said franchise, the grantee of the franchise shall be liable, in an action at law, for all such injuries and damages, due to the negligence of the grantee. Sec. 11. All persons, companies, associations or corporations in the business of conducting street railways, telephone, telegraph, electric light and power lines, gas or water mains in any of the cities, towns or places mentioned in this Act under the provisions of any other Act providing for the granting of such franchises, and who or which has not fully complied with the provisions of the Act under which his, her, their, or its franchise was obtained, may, nevertheless, have and enjoy all the privileges and benefits of this Act; provided, that such person, company, association or corporation shall, within six months after the passage of this Act, file in the office of the Secretary of State, and in the office of the County Recorder of the county in which such person, company, corporation or association maintains its principal office or place of business, a duly executed and acknowledged acceptance of the terms, conditions and provisions of this Act, which acceptance, in case of a corporation, shall be evidenced by a duly attested or certified copy of a resolution of its Board of Directors; provided, that nothing herein contained shall be construed to relieve any such person, company, association or corporation of any duty or obligation provided in any Act or contained in any franchise under which any person, company, association or corporation is now operating. |
κ1909 Statutes of Nevada, Page 211 (CHAPTER 168)κ
tion of any duty or obligation provided in any Act or contained in any franchise under which any person, company, association or corporation is now operating. Sec. 12. An Act granting to persons and corporations the right to supply electric power, heat and light to the inhabitants of the counties, cities and counties, cities and towns of the State of Nevada, and granting to such persons and corporations the right to construct and maintain poles and wires on the county roads and highways and in the streets of said cities and counties, cities and towns of this State, and to conduct electricity over said wires, and provide for the punishment of obstruction, hindrance or damage thereto, approved March 2, 1901, the same being Chapter XXV of the Laws of 1901; also, an Act entitled An Act to define the rights and responsibilities of owners of electric light lines and power lines in the State of Nevada, approved March 29, 1907, the same being Chapter CXC of the Laws of 1907; also, An Act to empower the County Commissioners of the several counties of the State of Nevada to grant a right of way for the construction of telephone, telegraph and electric power lines, underground pipe lines, street-car lines and other railway lines across and along the public roads and highways of the State of Nevada, and matters relating thereto, approved March 29, 1907, the same being Chapter CXCVI of the Laws of 1907, and all other Acts and parts of Acts conflicting with the provisions of this Act are hereby repealed; provided, however, that neither this repealing clause nor any other provision of this Act shall be so construed as to deprive the Railroad Commission of Nevada, or any public service commission of this State now existing or hereafter created, of full power to regulate and control, as prescribed by law, the service, practices, regulations and charges subject to the maximum charges fixed by the Board of County Commissioners upon granting the franchise, and subject also to the provisions of Section 7 of this Act, of all public utilities receiving franchises as herein provided. Sec. 13. This Act shall not be construed in any way to repeal any portion of an Act entitled An Act concerning franchises for furnishing electric light, heat, and power, approved........................., 1909. |
Certain Acts repealed.
Proviso.
Not to conflict with Railroad Commission.
Not to repeal certain Act. |
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κ1909 Statutes of Nevada, Page 212κ
Beaver protected. |
Chap. CLXIX.An Act to amend an Act entitled An Act to provide for the protection and preservation of different species of wild game, and to repeal all Acts and parts of Acts in conflict herewith, approved March 28, 1901.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section sixteen of that certain Act entitled and approved as aforesaid is hereby amended to read as follows: Section 16. It shall be unlawful for any person or persons, firm, company, corporation or association, to catch, kill, destroy, trap, net, weir or cage any beaver within this State before the first day of April, A. D. 1920. |
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Assistant Librarian provided for.
Repeal. |
Chap. CLXX.An Act to authorize the State Librarian to appoint an Assistant Librarian, fixing the compensation for such Assistant Librarian, and repealing all Acts in conflict therewith.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Librarian is hereby authorized to appoint an Assistant Librarian who shall perform the duties of Librarian at the State Library, and who shall be allowed as a compensation therefor the sum of fifteen hundred dollars per annum. Sec. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
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Relief of Cole, Bray, Sanford, and Elliot. |
Chap. CLXXI.An Act making an appropriation for the relief of George A. Cole, J. E. Bray, George L. Sanford, and A. D. Elliot.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred (200) dollars is hereby appropriated out of the General Fund of the State of Nevada for services rendered to the State of Nevada and to be paid as follows: Fifty (50) dollars to George A. Cole, fifty (50) dollars to J. E. Bray, fifty (50) dollars to George L. Sanford, and fifty (50) dollars to A. D. Elliot, and the State Controller is hereby directed to draw his warrants for the specified amounts to the persons aforesaid, and the State Treasurer is authorized to pay the same. |
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κ1909 Statutes of Nevada, Page 213κ
Chap. CLXXII.An Act providing for the protection and preservation of game, and repealing all Acts and parts of Acts in conflict therewith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person, or persons, firm, company, corporation, or association, to kill, catch, destroy, wound, snare, trap, injure, or pursue with attempt to kill, capture, or destroy, any bluebird, thrush, mocking bird, oriole, humming bird, robin, meadow lark, or any other insectivorous, plume or song birds within this State. Sec. 2. It shall be unlawful for any person or persons, firm, company, corporation or association, to take, kill, wound, trap, net, weir, destroy, injure, or pursue with attempt to take, kill, injure or destroy any pheasant, bob-white quail, partridge, or any other variety of imported game birds within this State. Sec. 3. It shall be unlawful for any person or persons, firm, company, corporation, or association, after the 1st day of October and before the 15th day of July of each and every year, to kill, catch, trap, cage, weir, destroy, injure or pursue with attempt to kill, catch, capture, injure or destroy any sagecock or sagehen within this State. Sec. 4. It shall be unlawful for any person or persons, firm, company, corporation or association, to kill, catch, destroy, injure, snare, weir, wound, or pursue with attempt to take, kill, injure or destroy, any grouse or mountain quail after the first day of January and before the first day of October of each year, within this State. Sec. 5. It shall be unlawful for any person or persons, firm, company, corporation or association, at any time after March 15th, and before September 15th, of each and every year, to kill, catch, net, cage, pound, weir, trap, or pursue with attempt to catch, capture, injure or destroy, any wild duck, sandhill crane, plover, curlew, snipe, woodcock, swan or wild goose within this State. Sec. 6. It shall be unlawful for any person or persons, firm, company, corporation or association, at any time after the 15th day of January, and before the 15th day of October of each and every year, to kill, catch, trap, cage, net, weir, pound, destroy, or pursue with attempt to catch, capture, injure or destroy, any valley quail within this State. Sec. 7. It shall be unlawful at any and all times of the year for any person or persons, firm, company, corporation, or association, to disturb or destroy the nest of, or to take or remove from any nest of any wild fowl or game bird mentioned in this Act, any egg or eggs of such wild fowl or game bird, or to have in their possession, or to sell or to offer for sale or exchange, except for scientific purposes, or for the purpose of propagation, any such eggs or nests, within this State. |
Protection of wild game.
Imported birds protected.
Close season for sage birds.
For grouse and mountain quail.
For ducks, geese, etc.
Valley quail.
Nests and eggs protected. |
κ1909 Statutes of Nevada, Page 214 (CHAPTER 172)κ
Exception.
Number taken limited.
Open season for deer and antelope.
Number of deer limited to two.
Unlawful to have game in possession during close season.
Proviso.
Catch limited |
bird, or to have in their possession, or to sell or to offer for sale or exchange, except for scientific purposes, or for the purpose of propagation, any such eggs or nests, within this State. Sec. 8. Nothing in this Act shall be construed to prohibit any person from selling game killed by himself, but it shall be unlawful for any person or persons, firm, company, corporation or association, to purchase such game for the purpose of barter or sale, and it shall also be unlawful for any person to kill or have in his possession a greater number than twenty ducks, fifteen mountain quail, ten sage birds, six grouse, fifteen valley quail, five plover, ten geese, three swan or fifteen snipe in any one day, within this State. Sec. 9. The open season for deer and antelope in this State shall be from September 15th, and until October 15th, of each and every year, and during that time it shall be unlawful for any person or persons, firm, company, corporation or association, within this State, to kill, catch, trap, wound or pursue, with an attempt to catch, capture, injure or destroy, any number of deer or antelope exceeding two for any one open season or year. It shall be unlawful to kill, catch, trap, wound or pursue, with attempt to catch, injure, kill or destroy, any antelope or any spotted fawn at any time. Sec. 10. It shall be unlawful in this State for any person or persons to have in their possession any deer or antelope from and after November 1st of each year and until September 15th of the year next succeeding, and it shall be unlawful for any person or persons to sell or offer for sale or to trade or barter or offer to trade or barter any number of deer or antelope in excess of two during the time intervening between the 15th day of September and the 1st day of November of any year. Sec. 11. It shall be unlawful for any person or persons, firm, company, corporation, or association, to have in his or their possession, or to sell, buy, transport, or give away, or offer or expose for sale, or purchase from any person, whomsoever, either Indian or other person, any of the birds, animals, or wild game mentioned in this Act during the season within the killing, injuring, pursuing, trapping, pounding, weiring, caging, selling, buying, transporting, giving away, offering or exposing for sale, or having in his or their possession is herein prohibited; provided, however, that nothing in this Act shall be so construed as to prohibit any resident person or persons, firm, company, corporation or association, from taking (upon a written permit from the State Board of Fish and Game Commissioners) any bird, animal, or fowl or the nest or eggs of any bird or fowl for the purpose of propagation or domestication or for scientific purposes. Sec. 12. Catch of trout or black bass not to exceed twenty (20) fish in any one day by any one person. Night fishing or night hunting prohibited. |
κ1909 Statutes of Nevada, Page 215 (CHAPTER 172)κ
night hunting prohibited. Fishing season March 30th to September 15th. Sec. 13. Any person or persons, firm, company, corporation, or association, or common carrier, violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five (25) dollars, nor more than five hundred (500) dollars, or imprisoned in the county jail in the county where the conviction is had for any term not exceeding six months, or by both such fine and imprisonment. It shall be no defense in the prosecution for the violation of any of the provisions of this Act, that the animals or birds were taken or killed outside of the State of Nevada; nor shall it be any defense in the prosecution for the violation of any of the provisions of this Act that the animals or birds were taken or killed by one other than he in whose possession said animals or birds were found; nor shall it be any defense in the prosecution for the violation of any of the provisions of this Act that the person did not know that hunting was not allowed upon the premises on which he was trespassing. Sec. 14. It shall be the duty of the Board of County Commissioners of any county within this State, when petitioned by fifty taxpayers within their county, for the protection of any variety of birds, fowls or animals, to draw and pass an ordinance protecting said birds, fowls or animals for the length of time as prayed for in the petition and to fix a penalty for the violation of said ordinance; said penalty to be in conformity with Section 13 of this Act. When said ordinance is properly drawn and signed by the Chairman of the Board of County Commissioners it shall be published in some newspaper published in the county for the period of four issues, and thereafter it shall be in full force and effect. Sec. 15. All Acts and parts of Acts in conflict with this Act are hereby repealed. Every railroad company, express company, transportation company, or other common carrier, their officers, agents, and servants, and every other person who shall transport, carry, or take out of the State, or who shall receive for the purpose of transporting, or carrying from this State, any deer, buck, doe or fawn, or any mountain sheep or antelope, or any quail, sage chicken, prairie chicken, grouse, wild ducks, or goose, or any other bird or animal mentioned in this Act, shall be guilty of a misdemeanor. |
Night fishing or hunting prohibited.
Penalties.
Ignorance no defense.
County Commissioners to pass ordinance, when.
Ordinance published.
Repeal.
Transportation companies liable. |
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κ1909 Statutes of Nevada, Page 216κ
Rights of bailees.
May sell goods, when.
Provisos.
Proceeds of sale, how disposed of.
Surplus goes to School Fund.
Not to apply to pawnbrokers |
Chap. CLXXIII.An Act defining the rights of bailees for hire of goods in storage, as to disposition of unclaimed or delinquent property.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. When any goods, merchandise or other property to be placed in storage has been received by any person, persons, firm or corporation acting as bailee for hire of said goods, merchandise, or other property to be placed in storage in any room, building or other structure belonging to or leased by the said person, persons, firm, or corporation acting as bailee, it shall be the right and the right is hereby granted to said bailee to sell the said goods, merchandise, or other property at public auction to the highest bidder not less than six (6) months after the bailor has first failed to pay the storage charges on the said goods, merchandise, or other property; provided, that said sale shall not be had contrary to any agreement or contract between bailor and bailee; provided, further, that the bailee shall notify the bailor of the intended sale thirty (30) days previous thereto if the bailors address or residence be known to the bailee; if not known, then the bailor shall publish notice in any newspaper most likely to give notice at least once weekly for a period of four (4) weeks successively, or, if there be no newspaper published in the town or township wherein the bailee resides, then notice may be given by posting notices in three (3) or more public places in said town or township for a period of four (4) weeks previous to said sale. Sec. 2. Out of the proceeds of said sale the bailee may pay all just claims against the property sold, including the bailees charges for storage. If there be any surplus after all just claims are satisfied, the bailee shall pay the same to the bailor, if his address be known; if not, then the bailee shall deposit the same with the County Treasurer of the county wherein such sale was made, who shall hold the same for one year (for the benefit of the owner), and if no owner appear to claim the said surplus it shall be paid over to the State Treasurer for the benefit of the State School Fund. Sec. 3. The provisions of this Act shall in no case be construed to affect any person, persons, firm or corporation doing a pawnbroking or money-lending business in this State, and not acting as bailee for hire within the intendment of this Act. |
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κ1909 Statutes of Nevada, Page 217κ
Chap. CLXXIV.An Act to amend section three as amended March 16, 1897, of an Act entitled An Act to create a Board of County Commissioners in the several counties of this State and to define their duties and powers, approved March 8, 1865.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of an Act entitled An Act to create a Board of County Commissioners in the several counties of this State and to determine their duties and powers, approved March 8, 1865, and amended March 16, 1897, is hereby amended to read as follows: Section 3. The meetings of the Board of County Commissioners shall be held at the county-seats of their respective counties on the first Monday of each and every calendar month; special meetings may be held at the county-seat for the transaction of business pertaining to the county whenever said meeting shall be authorized by the Board by resolution duly adopted and entered upon its minutes at a regular meeting. The Board shall also meet on the tenth day after each general election to canvass election returns. |
Meetings of County Commissioners.
Special meetings, how called. |
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Chap. CLXXV.An Act to amend An Act creating the office of Commissary of the Nevada State Police, prescribing his duties, fixing his compensation, and other matters relating thereto, approved February 8, 1908.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of said Act is hereby amended so as to read as follows: Section 3. It shall be the duty of the Commissary of the Nevada State Police to purchase all arms, ammunition, equipment, provisions, uniforms, badges, and all other necessary supplies required to be furnished to said Nevada State Police, and no supplies of any kind shall be furnished to, nor purchased for the use of, the Nevada State Police, except upon requisition therefor issued by the Commissary, and approved by the governor. |
Commissary of Nevada State Police to purchase all equipment. |
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κ1909 Statutes of Nevada, Page 218κ
Inspector of Mines created.
Salary and expenses.
Term of office.
Bond.
Not to be connected with any mining corporation.
Form of oath. |
Chap. CLXXVI.An Act creating the office of Inspector of Mines; fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said Inspector, and defining the duties of the Attorney-General and District Attorneys in relation to suits instituted by the Inspector of Mines.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of Inspector of Mines for the State of Nevada is hereby created. Sec. 2. The Inspector of Mines shall receive as full compensation for his services a salary of thirty-six hundred dollars ($3,600) per annum and his necessary traveling expenses when traveling in the discharge of his official duties, not to exceed eighteen hundred ($1,800) dollars per annum, and all necessary expenses for clerk hire, postage, stationery, printing and other office expenses, not to exceed twelve hundred ($1,200) dollars per annum; and such compensation and expenses shall be paid as the salary and expenses of other State officers are paid. He shall hold his office for the term of two years, or until his successor is selected and qualified. Before entering upon the discharge of his duties, as such Inspector of Mines, he shall file an official bond in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of the duties of his office, in form and manner as other official bonds of State officers. Sec. 3. The Inspector of Mines shall not at the time of his appointment, or at any time during the term of his office, be an officer, director or employee in or of any mining corporation in this State, or in or of any milling corporation in the State engaged in the business of smelting or reducing ores, and each Inspector and deputies shall, and each of them, have had at least seven years actual experience in underground workings, and shall make his affidavit before a proper officer to that effect before he shall be qualified to act as such Inspector, or Deputy Inspector, as herein provided. And such Inspector shall devote his whole time to the duties of his office and shall take and subscribe to the following oath:
I, ........................., of ......................... County, do solemnly swear that I will perform each and every duty required of me as Inspector of Mines for the State of Nevada; that I will at all times while acting in my official capacity fulfill the duties of such office according to the law and to the best of my skill and understanding; that I will never at any time while holding the office of Inspector of Mines disclose to any one, directly or indirectly, under any circumstances any information relative to ore bodies, shoots or deposits of ore or the location, course or character of underground workings, or give my opinion founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same. |
κ1909 Statutes of Nevada, Page 219 (CHAPTER 176)κ
or indirectly, under any circumstances any information relative to ore bodies, shoots or deposits of ore or the location, course or character of underground workings, or give my opinion founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same. To all of which I pledge my sacred honor. So help me God. Nothing in said oath, however, shall be construed to prevent such Mining Inspector from making full and complete statistical reports as required by law. Sec. 4. It shall be the duty of the Inspector of Mines at least once a year, to visit in person each mining county in the State of Nevada and examine all such mines therein as, in his judgment, may require the examination for the purpose of determining the condition of such mines as to safety, and to collect information and statistics relative to mines and mining and the mineral resources of the State, and to collect, arrange and classify mineral and geological specimens found in this State and to forward the same to the State School of Mines, and it shall be the duty of the Inspector of Mines to establish a uniform code of signals. Sec. 5. Said State Inspector shall have full power and authority at all hours, to enter and examine any and all mines in this State, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager or other person in charge of such mine or mines shall render the Inspector such assistance as may be required by the Inspector to enable him to make a full, thorough and complete examination of each and every part of such mine or mines; and whenever, as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise), the Inspector shall find the same to be in an unsafe condition, he shall at once serve, or cause to be served, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in detail in what particular or particulars the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine safe for the employees therein. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements stated in such notice so served, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be deemed guilty of a misdemeanor, and is punishable by a fine of not more than five hundred dollars; and each days continuance of such neglect or refusal shall be a separate offense; and in case of any criminal or civil proceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained by any employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the Inspectors requirements, a certified copy of the notice served by the Inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified. |
Mines to be inspected at least once annually.
Inspector to have full power to enter all mine workings.
Notice served on manager of unsafe mine.
Penalty for noncompliance. |
κ1909 Statutes of Nevada, Page 220 (CHAPTER 176)κ
Inspector to have office at Capitol.
Mine owners to report.
Complaint as to dangerous mines.
Inspector to serve notice. |
account of the loss of life or bodily injury sustained by any employee subsequent to the service of such notice, and in consequence of a neglect or refusal to obey the Inspectors requirements, a certified copy of the notice served by the Inspector shall be prima facie evidence of the culpable negligence of the party or parties so notified. Sec. 6. The Inspector of Mines shall be provided with a properly furnished office at the State House in Carson City, Nevada, in which he shall carefully keep a complete record of all mines examined, showing the date of examination, the conditions in which the mines were found, the manner and method of working, the extent to which the laws are obeyed, and what recommendations, if any, were ordered by the Inspector. It is hereby made the duty of the owner, lessor, lessee, agent, manager or other person in charge of each and every mine, of whatever kind or character, within the State, to forward to the Inspector of Mines at his office, not later than the first day of June in each year, a detailed report showing the character of the mine, the number of men then employed and the estimated maximum number of men to be employed therein during the ensuing year, the method of working such mine and the general condition thereof, and such owner, lessor, lessee, agent, manager or other person in charge of any mine within the State must furnish whatever information relative to such mine as the Inspector of Mines may from time to time require for his guidance in the proper discharge of his official duties. Sec. 7. Whenever the Inspector of Mines shall receive a formal complaint in writing, signed by one or more persons, setting forth that the mine in which he is employed is dangerous in any respect, he shall, in person, visit and examine such mine; provided, every such formal complaint shall in all cases specifically set forth the nature of the danger existing at the mine, and shall describe with as much certainty as possible the conditions rendering such mine dangerous, and shall set forth the time when such danger was first observed, and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants or any one else to their knowledge to the superintendent or other person in charge of such mine, and if no such complaint has been made to such superintendent or other person in charge, the reason why it has not been made. After such complaint shall have been received by the Inspector of Mines, it shall be the duty of such Inspector to serve a certified copy thereof, upon the owner, lessor, lessee, agent, manager, or other person in charge, and, as soon as possible, after receiving such complaint, to visit and examine such mine; and if from such examination he shall find such complaint to be just, he shall give notice in writing of the danger existing, to the owner, lessor, lessee, agent, manager, or other person in charge thereof, and in such notice may, in his discretion, order such mine or workings in which danger exists, closed until danger has been removed. |
κ1909 Statutes of Nevada, Page 221 (CHAPTER 176)κ
mine or workings in which danger exists, closed until danger has been removed. The names of the complainants complaining as in this section provided, shall not, under any circumstances, be divulged to any person by said Inspector except such action be necessary in the administration of justice in the courts of the State. Sec. 8. It shall be the duty of the Inspector of Mines upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge of any mine or working, notified of the unsafe or dangerous condition of his mine, promptly to comply with the requirements of the notice served upon him, to at once notify the Attorney-General of such neglect or refusal, and the Attorney-General or the District Attorney of the county in which said mine is situated, at the instigation of the Attorney-General, must thereupon immediately commence action in the name of the State against the party so notified for the enforcement of the penalty mentioned in section five, in any court of competent jurisdiction. And it shall be the duty of the Inspector of Mines upon the neglect or refusal of any owner, lessor, lessee, agent, manager or other person in charge of any mine or working, notified of the unsafe or dangerous condition of his mine, promptly to comply with the requirements of the notice served upon him, to at once notify the Attorney-General of such neglect or refusal, and the Attorney-General must thereupon immediately commence action in the name of the State against the party so notified for the recovery of the penalty mentioned in section five, in any court of competent jurisdiction, and the amount so recovered shall be paid into the General School Fund of the State and constitute a part thereof. Sec. 9. The Inspector of Mines shall appoint a Deputy Inspector who shall receive a salary not to exceed two hundred dollars per month as full compensation for all services, and traveling expenses while in the discharge of his duty. Sec. 10. Whenever a serious or fatal accident shall occur in any mine in the State of Nevada, it shall be the duty of the owner, lessor, lessee, agent, manager or other person in charge thereof immediately and by the quickest means, to notify the Inspector of Mines, or his deputy, as may be most convenient, of such accident; and the Inspector or his deputy, or both, shall at once repair to the place of accident and investigate fully the cause of such accident; and the Inspector, or his deputy, shall be present at any Coroners inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest. If the Inspector or Deputy Inspector cannot be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the owner, lessor, lessee, agent, manager, or person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such accident; in case of no persons being present at the time of the accident, then the statement of those first present thereafter shall be taken, which statement shall be verified, and such verified statements shall be placed in the hands of the Inspector, or Deputy Inspector, upon the demand of such officer. |
Names of complainants kept secret.
Noncompliance with notice, how prosecuted.
Deputy Inspector.
Salary. Inspector to attend Coroners inquest. |
κ1909 Statutes of Nevada, Page 222 (CHAPTER 176)κ
Testimony.
Annual report of Inspector.
What to contain. |
agent, manager, or person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such accident; in case of no persons being present at the time of the accident, then the statement of those first present thereafter shall be taken, which statement shall be verified, and such verified statements shall be placed in the hands of the Inspector, or Deputy Inspector, upon the demand of such officer. Whenever any Deputy Inspector is present at any Coroners inquest and assists in the examination, he shall, at the conclusion thereof, at once prepare and forward to the Inspector a full and detailed report of the accident, giving all information obtainable regarding the same. Sec. 11. The Inspector of Mines shall, on the first Monday of December of each year, file with the Governor of the State a printed report giving: First- A list of all accidents that have occurred during the year, the nature and cause of the same, together with the persons killed and injured. Second-The number of mines visited or examined during the year, the number of mines in operation, and the number of mines idle, the number of men employed, the wages paid and the nationality of the employees. Third-The name and location of each mine in the State which has been examined and from which the Inspector has received a report as provided in section six of this Act, and all data possible in regard to the manner of working the same, whether by shaft, tunnel, incline, or otherwise; the condition of the hoisting machinery, boilers, whims, engines, cars, buckets, ropes and chains used in the mines; also the appliances used for the extinguishing of fires; the manner and method of working and timbering the shafts, drifts, inclines, stopes, winzes, tunnels and upraises through which persons pass to and fro while engaged in their daily labor; the character of the exits from the mine, and the methods of ventilation and the system of signals used in the mine. Fourth-The number and character of notices served, together with suggestions and recommendations made; the manner in which such suggestions and recommendations were complied with. Fifth-The number of complaints received and the actions therein. Sixth-The number of prosecutions for neglect or refusal to comply with notices. Seventh-A summary of the reports received from mine owners and Deputy Inspector. Eighth-A full statement containing all available statistical and other information calculated to exhibit the mineral resources of the State and to promote the development of the same. |
κ1909 Statutes of Nevada, Page 223 (CHAPTER 176)κ
Ninth-Generally, such other information and suggestions as may be deemed advisable. Sec. 12. This Act shall not apply to any mine which is worked exclusively by the owners, or lessees of the owners, and where no men are employed working in said mine for wages. Sec. 13. Within twenty days from and after the passage of this Act, the Governor shall appoint said Mining Inspector, who shall hold office until December 31, 1910, and at the next general election held in this State, and every two years thereafter, the office of Inspector of Mines mentioned in this Act shall be filled by election by the qualified electors of the State of Nevada, as other State officers are now elected, and the State Controller is hereby authorized and directed to draw his warrants for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
Not to apply to certain mines.
Governor to appoint Inspector. Popular election in 1910. |
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Chap. CLXXVII.An Act fixing the compensation of county and township officers in Nye County, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, and regulating the conduct thereof, and to repeal all Acts or parts of Acts conflicting therewith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county officers of Nye County, State of Nevada, named in this Act, shall receive the following compensations in full for all their services in such offices. Sec. 2. The District Attorney shall receive a salary of five thousand dollars per annum for all his services as such officer. He shall have such deputies as in the judgment of the Board of County Commissioners shall be deemed necessary, and at such compensation and for such time as they may provide. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation while absent from the county-seat in going and coming to and from the county-seat while in performance of his official duties; provided, said expenses shall be first audited and allowed by the Board of County Commissioners. The District Attorney shall receive no other fees or compensation other than is herein provided for the performance of his official duties. Sec. 3. The County Clerk shall receive a salary of thirty-six hundred dollars per annum for all his services in said office, and shall be allowed a deputy, to be named by him, at a compensation of eighteen hundred dollars per annum, and shall collect in advance and monthly turn over to the County Treasurer of the county such fees and compensation as are now provided for services in his office by section three of an Act of the Legislature of the State of Nevada entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883, said section being Section 2470 of Cuttings Compiled Laws of the State of Nevada, 1900. |
Nye County salaries.
District Attorney.
Traveling expenses.
County Clerk. Deputy. |
κ1909 Statutes of Nevada, Page 224 (CHAPTER 177)κ
Recorder.
Deputies.
Sheriff.
Deputies.
Expenses.
Provisos. |
Treasurer of the county such fees and compensation as are now provided for services in his office by section three of an Act of the Legislature of the State of Nevada entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883, said section being Section 2470 of Cuttings Compiled Laws of the State of Nevada, 1900. Sec. 4. The County Recorder and Auditor of said county shall receive a salary of thirty-six hundred dollars per annum as compensation for all his services as such officer; he shall collect and pay into the county treasury of the county all such fees as are now provided for by section four of an Act of the Legislature of the State of Nevada entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883. He shall be allowed one deputy at one hundred and fifty dollars per month, and shall have such other deputies at such compensation of five dollars per diem, as the Board of County Commissioners shall deem necessary and allow. Sec. 5. The Sheriff of said county shall receive a salary of four thousand dollars per annum for his services to said county as Sheriff, and shall have one Under Sheriff to be selected by him at a compensation of eighteen hundred dollars per annum, and such other deputies, to be named by him, as the Board of County Commissioners may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual traveling expenses to consist of actual cost of his transportation and living expenses while absent from the county-seat in going and coming to and from the county-seat while in the performance of his official duties; provided, said expense shall be first audited and allowed by the Board of County Commissioners; provided, however, that the Sheriff shall collect for all services in his office and pay over monthly into the county treasury of said county such fees as are provided for in an Act of the Legislature of the State of Nevada entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883; provided, that in lieu of the mileage provided in said Act, the said Sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself, or deputy, in the service of any summons and complaints, or other process issuing out of the District Court; provided, further, that where there is a deputy or other officer competent to perform said service without the Sheriff actually incurring traveling expense, no mileage shall be charged. The Sheriff shall be allowed three per cent of all amounts of money collected by him as licenses, poll and personal property tax. As Assessor of said county said Sheriff shall receive six hundred dollars per annum, and shall have such deputies, to be named by him, as the County Commissioners may allow, and at such compensation as shall be fixed and determined by the Board of County Commissioners. |
κ1909 Statutes of Nevada, Page 225 (CHAPTER 177)κ
Sheriff shall receive six hundred dollars per annum, and shall have such deputies, to be named by him, as the County Commissioners may allow, and at such compensation as shall be fixed and determined by the Board of County Commissioners. Sec. 6. The County Treasurer of said county shall receive as compensation for all services to said county three thousand six hundred dollars per annum; he shall have such deputy or deputies as in the judgment of the Board of County Commissioners shall be deemed necessary, at such compensation and for such time as they may provide. Sec. 7. The Coroner of said county shall receive for his services such fees and compensation as are provided for in section six of an Act of the Legislature entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all Acts in relation thereto, approved February 27, 1883. Sec. 8. The Public Administrator of said county shall receive such fees and compensation as are provided for by an Act of the Legislature of the State of Nevada entitled An Act relating to the office of Public Administrator and prescribing their duties, approved March 7, 1883. Sec. 9. The Constable in townships polling two hundred votes, or more, at the last general election shall receive as such compensation for all services rendered of whatsoever nature, a salary not to exceed eighteen hundred dollars per year, and in townships polling less than two hundred votes at the last general election, said Constable shall receive the fees now provided for in an Act of the Legislature of the State of Nevada entitled An Act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other Acts in relation thereto, approved February 27, 1883. Sec. 10. The Justice of the Peace in townships polling less than two hundred votes at the last general election shall receive as full compensation for all services rendered by him as such officer the fees now provided for in an Act of the Legislature of the State of Nevada entitled An Act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other Acts in relation thereto, approved February 27, 1883. In townships polling more than two hundred and less than one thousand votes at the last general election, said Justice of the Peace shall receive as full compensation for all services rendered as such Justice of the Peace a salary not to exceed eighteen hundred dollars per year. In townships polling more than one thousand votes at the last general election, said Justice of the Peace shall receive as full compensation for all services rendered of whatsoever nature as such Justice of the Peace, a salary of not to exceed twenty-four hundred dollars per year. Sec. 11. All the county and township officers herein named shall keep full and correct account of all fees received by them for any official service of whatsoever kind or character and shall render monthly an account of the same, and except as hereinabove provided shall pay said fees over to the County Treasurer; and each of said officers shall accompany their bill for salary, or other official compensation, with the County Treasurers receipt of said fees; and for failure to render such accounting they shall not be entitled to have allowed them any official remuneration from said county for the preceding month. |
Treasurer.
Deputies.
Coroner.
Public Administrator.
Constables.
Justices of the Peace.
Certain fees to go to county. |
κ1909 Statutes of Nevada, Page 226 (CHAPTER 177)κ
Repeal. In effect January 1, 1910. |
them for any official service of whatsoever kind or character and shall render monthly an account of the same, and except as hereinabove provided shall pay said fees over to the County Treasurer; and each of said officers shall accompany their bill for salary, or other official compensation, with the County Treasurers receipt of said fees; and for failure to render such accounting they shall not be entitled to have allowed them any official remuneration from said county for the preceding month. Sec. 12. All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed. Sec. 13. This Act shall take effect on and after January 1, 1910. |
________
District High Schools, when.
Petition.
What petition must show.
Trustees to provide building.
Proviso. |
Chap. CLXXVIII.An Act to authorize Boards of County Commissioners to establish District High Schools, and matters properly connected therewith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Boards of County Commissioners are hereby authorized to establish District High Schools in School Districts in accordance with the provisions hereinafter set forth in this Act. Sec. 2. Upon presentation of a petition signed by at least ten per cent of the voters of the county as shown at the last general election, the Board of County Commissioners of a county may authorize and establish a District High School at the point designated in the petition. The petition must show: First-That there are at least seventy-five school census children in the School District for which the request is made that a District High School shall be established according to the last preceding census. Second-That there are at least five children therein of high-school grade between the ages of six and eighteen years. Third-That the school in such district is situated not less than twenty miles from a county high school located in the same county. Sec. 3. When such petition has been presented and acted upon favorably by the Board of County Commissioners, and such District High School is authorized, it shall be the duty of the Board of Trustees of such district, together with the State Board of Education, within thirty days thereafter, to estimate the cost of purchasing suitable grounds when necessary, erecting a building and furnishing the same for the accommodation of the school; provided, that the Board of School Trustees may construct additions to the public school building or buildings in the place where such school shall be located, or if rooms can be obtained in the public school buildings therefor, such rooms shall be given the preference. |
κ1909 Statutes of Nevada, Page 227 (CHAPTER 178)κ
buildings therefor, such rooms shall be given the preference. And all expenses incurred for carrying out the provisions of this section shall be sustained by the School District interested, in accordance with the provisions of Section 80 of An Act to provide for a reorganization of the system of school supervision and maintenance, to repeal all Acts and parts of Acts in conflict therewith, and matters properly connected therewith, approved March 29, 1907. Sec. 4. When such high school building shall have been erected and furnished, or rooms secured as provided in this Act, by such School District, the entire cost and expense of maintenance and instruction for the high school shall be paid by a tax on all the property in the county in which the said District High School is situated, in the same manner as other claims against the county are allowed and paid. Sec. 5. It shall be the duty of the Board of School Trustees, together with the State Board of Education, to furnish annually an estimate of the amount of money needed to pay all the necessary expenses of conducting and maintaining such school; to adopt and enforce the use of the necessary text-books required by the State Board of Education in such school; to employ competent teachers, janitors, and other persons, and to discharge such teachers, janitors, and other persons when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of such school. Sec. 6. It shall be the duty of the Board of County Commissioners of the county within which such high school shall be situated, to include in their annual tax levy the amount estimated by Board of School Trustees, together with said State Board of Education, as needed to pay the expenses of conducting such District High School; and such amount when collected and paid into the county treasury shall be known as the District No. ........ High School Fund, and may be drawn therefrom for the purpose of defraying the expenses of conducting said District High School in the manner provided by law for payment of school claims. Sec. 7. Any District High School shall be open for the admission of graduates holding diplomas from the eighth grade of the elementary schools of the State; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the State Board of Education; and to such other pupils as shall pass the examinations for admission to the District High School, which examination shall be conducted under the direction and authority of the State Board of Education. Sec. 8. Nothing in this Act shall be so construed as to prevent the principal of the District High School from acting as principal of all the schools of the district in which the District High School is located if so desired by the Trustees of said District High School and the State Board of Education. |
Tax levy for high school.
Annual estimate.
District High School Fund.
What pupils eligible.
Principal may supervise all schools. |
κ1909 Statutes of Nevada, Page 228 (CHAPTER 178)κ
Subject to school laws.
Application of Act restricted.
In effect. |
Sec. 9. The District High School shall be under the same general supervision and shall be subject to the same laws, rules and regulations as other schools of the State school system. Sec. 10. This Act shall apply only to counties which at the last general election polled not more than nine hundred and sixty (960) votes, and which had more than three million six hundred thousand (3,600,000) dollars of taxable property; and nothing in this Act shall be so construed as to militate against, nor in any wise annul or modify provisions already made for any county high school now established, or that may hereafter be established in any county. Sec. 11. This Act shall take effect upon its passage and approval. |
________
Deputy Superintendents, salary and expenses.
Limitation.
Appropriations. |
Chap. CLXXIX.An Act to amend an Act entitled An Act to provide for a reorganization of the system of school supervision and maintenance, to repeal all Acts and parts of Acts in conflict therewith and matters properly connected therewith, approved March 29, 1907.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section ninety-seven of said Act is hereby amended to read as follows: Section 97. The compensation of each Deputy Superintendent of Public Instruction is hereby fixed at two thousand dollars per annum and shall be paid out of the General Fund of the State as the salaries of other State officers are paid, together with actual traveling and office expenses incurred in the performance of duty as required by law, such traveling expenses to include the cost of transportation and board while absent from their places of residence; provided, that for any period of one year there shall not be more than eight hundred dollars ($800) nor less than five hundred dollars ($500) appropriated by the State to pay the traveling expenses of any Deputy Superintendent, and not more than four hundred dollars ($400) nor less than three hundred dollars ($300) shall be appropriated to pay the office expenses of such Deputy Superintendent for any period of one year. The claims against the State for such traveling and office expenses shall be presented and allowed by the State Board of Examiners as other such claims are presented and allowed. Sec. 2. There is hereby appropriated from the General Fund of the State, the following amounts to pay the salary, traveling expenses and office expenses of the Deputy Superintendents of Public Instruction for the period of time beginning July first, nineteen hundred and nine, and ending January first, nineteen hundred and eleven: |
κ1909 Statutes of Nevada, Page 229 (CHAPTER 179)κ
For the First Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $400; traveling expenses, $800. For the Second Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $400; traveling expenses, $800. For the Third Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $400; traveling expenses, $1,200. For the Fourth Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $600; traveling expenses, $1,200. For the Fifth Supervision District-Salary of Deputy Superintendent, $3,000; office expenses, $600; traveling expenses, $1,200. Sec. 3. This Act shall take effect on July first, nineteen hundred and nine. |
Items enumerated.
In effect July 1, 1909. |
________
Chap. CLXXX.An Act relating to children who are now or who may hereafter become dependent, neglected or delinquent, to define these terms and to provide for the treatment, control, maintenance, protection, adoption, and guardianship of the person of such child or children.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Definition. That all persons under the age of twenty-one (21) years, shall, for the purpose of this Act only, be considered wards of this State and their persons shall be subject to the care, guardianship and control of the Court as hereinafter provided. For the purpose of this Act the words dependent child and neglected child shall mean any male child who, while under the age of seventeen years, or any female child who, while under the age of eighteen years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill-fame, or with any vicious or disreputable person, or has a home which by reason of neglect, cruelty or depravity, on the part of its parents, guardian, or any other person in whose care it may be, is an unfit place for such child; and any child, who, while under the age of ten (10) years if found begging, peddling or selling any article or articles, or singing, or playing any musical instrument for gain upon the street or giving any public entertainments, or accompanies or is used in the aid of any person so doing. The words delinquent child shall mean any male child who, while under the age of seventeen years, or any female child who, while under the age of eighteen years, violates any law of this State; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause, and without the consent of the parents, guardian or custodian absents itself from its home or place of abode, or is growing up in idleness or crime; or knowingly frequents or visits a house of ill-fame or ill-repute; or knowingly frequents or visits any policy shop or place where any gaming device is operated; or patronizes, visits or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes any public pool room where the game of pool or billiards is being carried on for pay or hire; or who wanders about the streets in the night time without being on any lawful business or lawful occupation; or habitually wanders about any railroad yards or tracks or jumps or attempts to jump onto any moving train; or enters any car or engine without lawful authority, or writes or uses vile, obscene, profane, or indecent language, or smokes cigarettes in any public place or about any school house; or is guilty of indecent, immoral, or lascivious conduct; any child committing any of these acts shall be deemed a delinquent child and when proceeded against, such proceeding shall be on behalf of the State in the interest of the child and the State, with due regard for the rights and duties of parents and others, by petition to be filed by any reputable person, and to that end it shall be dealt with, protected and cared for in the Probate or Chancery Court as a ward of the State in the manner hereinafter provided. |
Children wards of State.
Terms defined.
Same. |
κ1909 Statutes of Nevada, Page 230 (CHAPTER 180)κ
Same.
Certain inhibitions.
Jurisdiction. |
child who, while under the age of eighteen years, violates any law of this State; or is incorrigible, or knowingly associates with thieves, vicious or immoral persons; or without just cause, and without the consent of the parents, guardian or custodian absents itself from its home or place of abode, or is growing up in idleness or crime; or knowingly frequents or visits a house of ill-fame or ill-repute; or knowingly frequents or visits any policy shop or place where any gaming device is operated; or patronizes, visits or frequents any saloon or dram shop where intoxicating liquors are sold; or patronizes any public pool room where the game of pool or billiards is being carried on for pay or hire; or who wanders about the streets in the night time without being on any lawful business or lawful occupation; or habitually wanders about any railroad yards or tracks or jumps or attempts to jump onto any moving train; or enters any car or engine without lawful authority, or writes or uses vile, obscene, profane, or indecent language, or smokes cigarettes in any public place or about any school house; or is guilty of indecent, immoral, or lascivious conduct; any child committing any of these acts shall be deemed a delinquent child and when proceeded against, such proceeding shall be on behalf of the State in the interest of the child and the State, with due regard for the rights and duties of parents and others, by petition to be filed by any reputable person, and to that end it shall be dealt with, protected and cared for in the Probate or Chancery Court as a ward of the State in the manner hereinafter provided. A deposition of any child under this Act or any evidence given in such cause, shall not, in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases against the same child under this Act; nor shall the name of any such child in connection with any proceedings under this Act be published in any newspaper, without a written order of the Court. The word child or children may be held to mean one or more children, and the word parent or parents may be held to mean one or both parents, when consistent with the intent of this Act. The word association shall include any association, institution or corporation which include in their purposes the care or disposition of children, coming within the meaning of this Act. Sec. 2. Jurisdiction. The District Courts of the several Judicial Districts in this State shall have original jurisdiction in all cases coming within the terms of this Act. In all trials under this Act, any person interested therein may demand a jury of six or twelve persons, or the Judge of his own motion may order a jury of the same number to try the case. Sec. 3. Juvenile Department. The findings of the court shall be entered in a book or books to be kept for that purpose, and known as the Juvenile Department, and the court may for convenience be called the Juvenile Department of the District Court.
|
κ1909 Statutes of Nevada, Page 231 (CHAPTER 180)κ
pose, and known as the Juvenile Department, and the court may for convenience be called the Juvenile Department of the District Court. Sec. 4. Petition to the Court. Any reputable person, being a resident of the county, may file with the Clerk of the court having jurisdiction of the matter, a petition in writing setting forth that a certain child, naming it, within his county, is either dependent, neglected or delinquent as defined in Section 1 hereof; and that it is for the interest of the child and this State that the child be taken from its parent, parents, custodian or guardian and placed under the guardianship of some suitable person to be appointed by the Court; and that the parent, parents, custodian or guardian of such child, are unfit or improper guardians, or are unable or unwilling to care for, protect, train, educate, correct, control or discipline such child, or that the parent, parents, guardian or custodian consent that such child shall be taken from them. The petition shall also set forth either the name, or that the name is unknown to petitioner (a) of the person having the custody of such child; and (b) of each of the parents or the surviving parent of a legitimate child; or of the mother of an illegitimate child; or (c) if it allege that both such parents are or such mother is dead, then of the guardian, if any, of such child; or (d) if it allege that both such parents are or that such mother is dead and that no guardian of such child is known to petitioner. All persons so named in such petition shall be made defendants by name and shall be notified of such proceedings by summons if residents of this State in the same manner as is now or may hereafter be required in court proceedings by the laws of this State except only as herein otherwise provided. All persons, if any, who or whose names are stated in the petition to be unknown to petitioner, shall be deemed and taken as defendants by the name or designation of all whom it may concern. The petition shall be verified by affidavit, which affidavit shall be sufficient upon information and belief. Process shall be issued against all persons made parties by the designation of all whom it may concern by such description, and notice given by publication as is required in this Act shall be sufficient to authorize the Court to hear and determine the suit as though the parties had been sued by their proper names. Sec. 5. Summons. The summons shall require the person alleged to have the custody of the child to appear with the child at the time and place stated in the summons; and shall also require all defendants to be and appear and answer the petition on the return day of the summons. The summons shall be made returnable at any time within twenty days after the date thereof and may be served by the Sheriff, or by any duly appointed Probation Officer, even though such officer be the petitioner. The return of such summons with indorsement of service by the Sheriff or by such Probation Officer in accordance herewith shall be sufficient proof thereof. |
Juvenile Department.
Petition to the court.
What petition shall contain.
Who deemed defendants.
Summons. |
κ1909 Statutes of Nevada, Page 232 (CHAPTER 180)κ
Publication, when.
Form of published notice.
Service by mail, when. |
ment of service by the Sheriff or by such Probation Officer in accordance herewith shall be sufficient proof thereof. Whenever it shall appear from the petition or from affidavit filed in the cause that any named defendant resides or hath gone out of the State, or on due inquiry cannot be found, or is concealed within this State or that his place of residence is unknown so that process cannot be served upon him, or whenever any person is made defendant under the name or designation of all whom it may concern, the Clerk shall cause publication to be made once in some newspaper of general circulation published in his county, and if there be none published in his county, then in a newspaper published in the nearest place to his county in this State, which shall be substantially as follows: A, B, C, D, etc. (here giving the names of such named defendants, if any), and to all to whom it may concern (if there be any defendant under such designation): Take notice that on the ........ day of ........................., A. D. 19....., a petition was filed by ......................... in the ......................... Court of ......................... County to have a certain child named ......................... declared a (dependent or delinquent) and to take from you the custody and guardianship of said child (and if the petition prays for the appointment of a guardian with power to consent to adoption, add and to give said child out for adoption). Now, unless you appear within ten days after the date of this notice and show cause against such application, the petition shall be taken for confessed and a decree granted. Dated (the date of publication). ........................., Clerk.
And he shall also within ten days after the publication of such notice send a copy thereof by mail, addressed to such defendants whose place of residence is stated in the petition, and who shall not have been served with summons. Notice given by publications as is required by this Act shall be the only publication notice required either in the case of residents, non-residents or otherwise. The certificate of a Clerk that he has sent such notice in pursuance of this section shall be evidence thereof. Every defendant who shall be duly summoned shall be held to appear and answer either in writing or orally in open court on return day of the summons or if such summons shall be served less than one day prior to the return day then on the following day. Every defendant who shall be notified by publication as herein provided shall be held to appear and answer either in writing or orally in open court within twenty days after the date of the publication notice. The answer shall have no greater weight as evidence than the petition. In default of an answer at the time or times herein specified or at such further time as by order of court may be granted to a defendant, the petition may be taken as confessed. If the person having the custody or control of the child shall fail without reasonable cause to bring the child into court, he may be proceeded against as in case of contempt of court. |
κ1909 Statutes of Nevada, Page 233 (CHAPTER 180)κ
shall fail without reasonable cause to bring the child into court, he may be proceeded against as in case of contempt of court. In case the summons shall be returned and not served upon the person having the custody or control of such child or such person fails to obey the same and in any case when it shall be made to appear to the Court by affidavit, which may be on information and belief that such summons will be ineffectual to secure the presence of the child, a warrant may be issued on the order of the court either against the parents or either of them, or guardian, or the person having the custody or control of the child or with whom the child may be or against the child itself to bring such person into court. On default of the custodian of the child or on his appearance or answer, or on the appearance in person of the child in court with or without the summons or other process and on the answer, default or appearance or written consent to the proceedings of the other defendants thereto, or as soon thereafter as may be, the Court shall proceed to hear evidence. The Court may, in any case when the child is not represented by any person, appoint some suitable person to act on behalf of the child. At any time after the filing of the petition and pending the final disposition of the case, the Court may continue the hearing from time to time and may allow such child to remain in the possession of his custodian or in its own home subject to the friendly visitation of a Probation Officer, or it may order such child to be placed in the custody of a Probation Officer of the court, or of any suitable person appointed by the Court, or to be kept in some suitable place provided by the city or county authorities. Sec. 6. Probation Officers. The District Courts in this State shall have authority to appoint any number of discreet persons of good moral character to serve as Probation Officers during the pleasure of the Court; said Probation Officers to receive no compensation from the county treasury except as herein provided. It shall be the duty of the Clerk of the Court, if practicable, to notify the said Probation Officer when any child is to be brought before the Court; it shall be the duty of such Probation Officer to make investigation of such case; to be present in court to represent the interests of the child when the case is heard; to furnish to such Court such information and assistance as the Court or Judge may require, and to take charge of any child before and after the trial as may be directed by the Court. The number of Probation Officers to receive compensation from the county, named and designated by the District Court, shall be as follows: In all counties in this State the District Judge may appoint one Probation Officer, whenever in the opinion of the District Judge, the District Superintendent of Schools, in which district said county may be located, or be a part thereof, and a majority of the Board of County Commissioners of said county shall deem such appointment necessary to care for the dependent and delinquent children of the county; provided, such Probation Officer can be removed from office at any time by the said District Judge. |
Contempt, when.
Probation Officers.
How appointed. |
κ1909 Statutes of Nevada, Page 234 (CHAPTER 180)κ
Salary.
Board to approve appointments.
Probation Officers may have police powers.
Provisions regarding salaries. |
county shall deem such appointment necessary to care for the dependent and delinquent children of the county; provided, such Probation Officer can be removed from office at any time by the said District Judge. The salary of said Probation Officer shall not exceed the sum of eighteen hundred dollars a year, and the expenses of such Probation Officer for probation work shall not exceed the sum of seven hundred and fifty dollars per year; provided, that the said Probation Officer can be appointed for any portion or part of a year as the said District Judge may determine, and can be paid for the time and period said Probation Officer serves under such appointment. The salary and expenses of the Probation Officer shall be paid out of the county funds in the county treasury in monthly installments. Any District Judge appointing such Probation Officer to receive a salary or other compensation from the county provided for under this Act, shall transmit such appointment to the District Superintendent of Schools of the district of which the county in which said appointment is made is a part, the State Superintendent of Public Instruction, and the Governor of this State, who shall constitute a board to investigate the competency of such person so appointed to act as a Probation Officer, and it shall be the duty of a majority of said board to approve or disapprove of such appointee, within thirty days after submission thereof by the said District Court, and a failure to act thereon within such time shall constitute an approval of such appointment; if a majority of such board are of the opinion that such appointee does not possess the qualifications for a Probation Officer, they shall notify the Court of their conclusions within thirty days of the submission of such appointment to the respective members thereof, whereupon it shall be the duty of the District Judge to withdraw such appointment and appoint some one who shall receive the approval of said board. Probation Officers receiving a salary or other compensation from the county, provided for by this Act, are hereby vested with all the power and authority of police or Sheriffs to make arrests and perform any other duties ordinarily required by policemen and Sheriffs which may be incident to their office or necessary or convenient to the performance of their duties; provided, that other Probation Officers may be vested with like power and authority upon a written certificate from the District Judge that they are persons of discretion and good character, and that it is the desire of the Court to vest them with all the power and authority conferred by law upon Probation Officers receiving compensation from the county. Salaries or compensation of paid Probation Officers permitted by this Act shall be fixed by the District Judge, not to exceed the sums herein mentioned, and any bills for expenses, not exceeding the sums herein provided for, shall be certified to by the District Judge as being necessary in and about the performance of the duties of Probation Officer or officers. |
κ1909 Statutes of Nevada, Page 235 (CHAPTER 180)κ
and about the performance of the duties of Probation Officer or officers. The appointment of Probation Officers and the approval thereof as to the qualifications of such officers by the board herein designated, shall be filed in the office of the Clerk of the Court. Probation Officers shall take an oath such as may be required of other county officers to perform their duties and file it in the office of Clerk of the District Court. Nothing herein contained, however, shall be held to limit or abridge the power of the District Judge to appoint any number of persons as Probation Officers, whom said Judge may see fit and who may be willing to serve without pay from the county for such services as Probation Officers. Sec. 7. Dependent and Neglected Children. If the Court shall find any male child under the age of seventeen years (17) or any female child under the age of eighteen years (18) to be dependent or neglected within the meaning of this Act, the Court may allow such child to remain at its home subject to the friendly visitation of a Probation Officer, or to report to the Court or Probation Officer from its home or school at such times as the Court may require. And if parent, parents, guardian or custodian consent thereto, or if the Court shall further find that the parent, parents, guardian or custodian of such child are unfit or improper guardians or are unable or unwilling to care for, protect, train, educate, correct or discipline such child and that it is for the interest of such child and of the people of this State that such child be taken from the custody of its parents, custodian or guardian, the Court may make an order appointing as guardian of the person of such child, some reputable citizen of good moral character, and order such guardian to place such child in some suitable family home or other suitable place, which such guardian may provide for such child, or the Court may enter or order committing such child to some suitable State institution, of this or any other State organized for the care of dependent or neglected children, or to some training school or industrial school or childrens home-finding society of this or any other State or to some association embracing in its objects the purpose of caring for or obtaining homes for neglected or dependent children, which association shall have been accredited as hereinafter provided. Sec. 8. Guardianship. In every case where such child is committed to an institution, or association, the Court shall appoint the president, secretary, or superintendent of such institution or association, guardian over the person of such child and shall order such guardian to place such child in such institution or with such association, whereof he is such officer, and to hold such child, care for, train and educate it subject to the rules and laws that may be in force from time to time governing such institution or association. Sec. 9. Delinquent Children. If the Court shall find any male child under the age of seventeen years or any female child under the age of eighteen years to be delinquent within the meaning of this Act, the Court may allow such child to remain at its own home subject to the friendly visitation of a Probation Officer, such child to report to the Court or Probation Officer with such record of its conduct in its home or school as the Court may require as often as may be required, and if the parents, parent, guardian or custodian consent thereto, or if the Court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child and shall further find that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child and shall further find that ie is for the interest of such child and of the people of this Stat, that such child be taken from the custody of its parents, parentt custodian or guardian, the Court may appoint some proper person or Probation Officer guardian over the person of such child and permit it to remain at its home, or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the Court may commit such child to any institution incorporated under the laws of this or any other State to care for delinquent children, or to any institution that has been or may be provided by the State, county, city, town or village suitable for the care of delinquent children, including a detention home or school, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinafter provided. |
Further appointments, when.
Dependent and neglected children.
Guardianship. |
κ1909 Statutes of Nevada, Page 236 (CHAPTER 180)κ
Delinquent children.
Guardian appointed, when.
Child may be tried, when.
Child sent to hospital, when. |
male child under the age of seventeen years or any female child under the age of eighteen years to be delinquent within the meaning of this Act, the Court may allow such child to remain at its own home subject to the friendly visitation of a Probation Officer, such child to report to the Court or Probation Officer with such record of its conduct in its home or school as the Court may require as often as may be required, and if the parents, parent, guardian or custodian consent thereto, or if the Court shall further find either that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child and shall further find that the parent, parents, guardian or custodian are unfit or improper guardians or are unable or unwilling to care for, protect, educate or discipline such child and shall further find that ie is for the interest of such child and of the people of this Stat, that such child be taken from the custody of its parents, parentt custodian or guardian, the Court may appoint some proper person or Probation Officer guardian over the person of such child and permit it to remain at its home, or order such guardian to cause such child to be placed in a suitable family home, or cause it to be boarded out in some suitable home, in case provision is made by voluntary contribution or otherwise for the payment of the board; or the Court may commit such child to any institution incorporated under the laws of this or any other State to care for delinquent children, or to any institution that has been or may be provided by the State, county, city, town or village suitable for the care of delinquent children, including a detention home or school, or to some association that will receive it, embracing in its objects the care of neglected, dependent or delinquent children and which has been duly accredited as hereinafter provided. In every case where such child is committed to an institution or association, the Court shall appoint the president, secretary or superintendent of such institution or association, guardian over the person of such child and shall order such guardian to place such child in such institution or with such association, whereof he is such officer, and to hold such child, care for, train and educate it subject to the rules and laws that may be in force, from time to time governing such institution or association. Sec. 10. The Court may in its discretion in any case of a delinquent child permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crimes or violation of city, village, or town ordinances; in such case the petition filed under this Act shall be dismissed. Sec. 11. The Court may when the health or condition of any child found to be dependent, neglected or delinquent requires it, order the guardian to cause such child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution, which will receive it for like purposes, without charge to the public authorities. |
κ1909 Statutes of Nevada, Page 237 (CHAPTER 180)κ
placed in a public hospital or institution for treatment or special care, or in a private hospital or institution, which will receive it for like purposes, without charge to the public authorities. Sec. 12. Any child found to be dependent, neglected or delinquent as defined in this Act, and awarded by the Court to a guardian, institution or association, shall be held by such guardian, institution or association, as the case may be, by virtue of the order entered of record in such case, and the Clerk of the Court shall issue and cause to be delivered to such guardian or association a certified copy of such order of the Court, which certified copy of such order shall be proof of the authority of such guardian, institution or association in behalf of such child, and no other process need issue to warrant the keeping of such child. The guardianship under this Act shall continue until the Court shall by further order otherwise direct, but not after such child shall have reached the age of twenty-one (21) years. Sec. 13. The Court may, from time to time, cite into court the guardian, institution or association to whose care any dependent, neglected or delinquent child has been awarded, and require him or it to make a full, true and perfect report as to his or its doings in behalf of such child; and it shall be the duty of such guardian, institution or association, within ten days after such citation, to make such report either in writing verified by affidavit, or verbally under oath in open court, or otherwise as the Court shall direct, and upon the hearing of such report, with or without further evidence, the Court may, if it sees fit, remove such guardian and appoint another in his stead, or take such child away from such institution or association and place it in another, or restore such child to the custody of its parents or former guardian or custodian. Sec. 14. Transfers from Justice and Police Magistrates. When in any county where a court is held as provided in Section 2 of this Act, a male child under the age of seventeen years or a female child under the age of eighteen years is arrested with or without warrant such child may, instead of being taken before a Justice of the Peace or police magistrate, be taken directly before such Court; or if the child is taken before a Justice of the Peace or police magistrate, such Justice or magistrate shall inquire into such case, and unless he be of the opinion that no sufficient foundation exists for the charge of dependency or delinquency, it shall be the duty of such Justice of the Peace or police magistrate to transfer the case to the District Court, and the officer having the child in charge to take the child before such Court, and in any case the District Court may proceed to hear and dispose of the case in the same manner as if the child had been brought before the Court upon petition as herein provided. In any case, the Court shall require notice to be given and investigation to be made as in other cases under this Act, and may adjourn the hearing from time to time for that purpose. |
Guardianship, how perfected.
Guardian to report to Judge.
Transferred to District Courts. |
κ1909 Statutes of Nevada, Page 238 (CHAPTER 180)κ
Children under 12 not sent to jail.
House for juvenile offenders in certain counties.
Child may give bonds.
Agents of juvenile reformatories. |
case, the Court shall require notice to be given and investigation to be made as in other cases under this Act, and may adjourn the hearing from time to time for that purpose. Sec. 15. Children Under Twelve Years Not To Be Committed to Jail. No court or magistrate shall commit a child under twelve (12) years of age to a jail or police station, but if such child is unable to give bail it may be committed to the care of the Sheriff, police officer or Probation Officer who shall keep such child in some suitable place provided by the city or county outside of the enclosure of any jail or police station. When any child shall be sentenced to confinement in any institution to which adult convicts are sentenced, it shall be unlawful to confine such child in the same building with such adult convicts, or to confine such child in the same yard or enclosure with such adult convicts, or to bring such child into any yard or building in which adult convicts may be present. In counties of over fifteen thousand population it shall be the duty of the proper authorities to provide and maintain at public expense a house separated and removed from any jail or lockup, to be in charge of a matron or other person of good moral character, wherein all children within the provisions of this Act shall, when necessary before or after trial, be detained either for securing the attendance of such child at any hearing or trial of any cause, or for such disciplinary purposes as may seem necessary to the Court for the best interests of said child and of the State. Any child within the provisions of this Act, informed against or regarding which a petition has been filed, or for any purpose taken into custody, shall, at any time before it is tried and adjudged to be delinquent, be entitled, by any friend or parent offering sufficient surety, to give bond or other security for its appearance at any hearing or trial of such case as such right is given to persons informed against for crime; and the Court may in any case, upon the request of said child or parent representing it, appoint counsel to appear and defend on behalf of any such child, such counsel to receive no pay from the county. Sec. 16. Agents of Juvenile Reformatories. It shall be the duty of the board of managers, trustees or such authorities as may be vested by law with the control or management of any State institution now or hereafter established to which juvenile delinquents may be committed by the courts of this State, to maintain an agent of such institution, whose duty it shall be to examine the homes of children paroled from such institution, for the purpose of ascertaining and reporting to said institutions where they have suitable homes; to assist children paroled or discharged from such institutions in finding employment and to maintain a friendly supervision over paroled inmates during the continuance of their parole; such agent shall hold office subject to the pleasure of the board or other authority having charge of said institution, making the appointment, and shall receive such compensation as such board or authorities controlling such institution may determine out of any funds appropriated for such institution which may be applicable thereto. |
κ1909 Statutes of Nevada, Page 239 (CHAPTER 180)κ
the board or other authority having charge of said institution, making the appointment, and shall receive such compensation as such board or authorities controlling such institution may determine out of any funds appropriated for such institution which may be applicable thereto. Sec. 17. Incorporation of Association. No association whose objects embrace the caring for dependent, neglected or delinquent children shall hereafter be incorporated in this State. Sec. 18. The State of Nevada shall be chargeable with and defray all expenses incurred for the support, maintenance, education, care, custody and control of each and every child after its commitment under the terms and provisions of this Act. Sec. 19. Order Relating to Adoption. Whenever the petition filed, as is provided in Section 4 hereof, or a supplemental petition filed at any time after the appointment of the guardian, shall pray that the guardian appointed or to be appointed shall be authorized to consent to the legal adoption of the child, and the Court upon the hearing shall find that it is to the best interests of such child that the guardian be given such authority, the Court may, in its order appointing such guardian, empower him to appear in court where any proceedings for the adoption of such child may be pending, and to consent to such adoption; and such consent shall be sufficient to authorize the Court where the adoption proceedings are pending to enter a proper order or decree of adoption without further notice to or consent by the parents or relatives of such child; provided, however, that before entering such order the Court shall find from the evidence that (1) the parents or surviving parent of a legitimate child or the mother of an illegitimate child, or if the child has no parents living, the guardian of the child, if any, or if there is no parent living and the child has no guardian or the guardian is not known to petitioner, then a known, near relative of the child, if any there be, consents to such order; or (2) that one parent consents and the other is unfit for any of the reasons hereinafter specified to have the child, or that both parents are or that the surviving parent or the mother of an illegitimate child is so unfit for such reasons-the grounds of unfitness being (a) depravity, (b) open and notorious adultery or fornication, (c) habitual drunkenness for the space of one year prior to the filing of petition, (d) extreme and repeated cruelty to the child, (e) abandonment of the child or (f) desertion of the child for more than six (6) months next preceding the filing of the petition, and (3) that such child, if of the age of fourteen years or over, consents to such order. Sec. 20. Foreign Corporations. No association which is incorporated under the laws of any other State than the State of Nevada shall place any child in any family home within the boundaries of the State of Nevada either with or without indenture or for adoption, unless the said association shall have furnished the Attorney-General with such guaranty as he may require that no child shall be brought into the State of Nevada by such society or its agents, having any contagious, or incurable disease, or having any deformity or being feeble minded, or of vicious character, and that said association shall promptly receive and remove from the State any child brought into the State of Nevada by its agent, which shall become a public charge within the period of five (5) years after being brought into the State. |
Incorporation of association.
State to defray expenses.
Relating to adoption.
Proviso.
Regulating certain foreign corporations |
κ1909 Statutes of Nevada, Page 240 (CHAPTER 180)κ
Penalties.
Religious preference.
Officers of courts.
Construction of this Act. |
out indenture or for adoption, unless the said association shall have furnished the Attorney-General with such guaranty as he may require that no child shall be brought into the State of Nevada by such society or its agents, having any contagious, or incurable disease, or having any deformity or being feeble minded, or of vicious character, and that said association shall promptly receive and remove from the State any child brought into the State of Nevada by its agent, which shall become a public charge within the period of five (5) years after being brought into the State. Any person who shall receive, to be placed in a home, or shall place in a home, any child in behalf of any association incorporated in any other State than the State of Nevada, which shall not have complied with the provisions of this Act, shall be imprisoned in the county jail not more than thirty days, or fined no less than $5 or more than one hundred ($100) dollars, or both, in the discretion of the Court. Sec. 21. Religious Preference. The Court in committing children shall place them as far as practicable in the care and custody of some individual holding the same religious belief as the parents of the said child, or with some association or institution which is controlled by persons of like religious faith of the parents of said child. Sec. 22. Officers of Courts. It shall be unlawful for any court clerk or other person to tax or collect, or for any county to pay any fees whatever which may be permitted by any law to be taxed or collected for the benefit of any court officer or person for any case concerning any child coming within the provisions of this Act for violating any law of this State unless such child shall be proceeded against under the provisions and in accordance with the purpose of this Act, except in capital cases or where the courts shall direct a proceeding under the criminal code, as provided in Section 10 of this Act, or where a case has been instituted before a Justice of the Peace or police magistrate, who shall duly comply with the terms of Section 14 of this Act. Sec. 23. Construction of Act. This Act shall be liberally construed to the end that its purpose may be carried out, to wit, that the care, custody and discipline of the child shall approximate as nearly as may be that which should be given by its parents, and in all cases of dependency where it can be properly done, that the child shall be placed in an approved family home, and become a member of a home and family by legal adoption or otherwise, and in cases of delinquency, that, as far as possible, or practicable, any delinquent child shall be treated, not as a criminal, but as misdirected and misguided and needing aid, encouragement and assistance, and if such child cannot be handled, properly cared for, and corrected in its own home, or with the assistance and help of the Probation Officers, then that it may be placed in a suitable institution where it may be helped and educated and equipped for industrial efficiency and useful citizenship. |
κ1909 Statutes of Nevada, Page 241 (CHAPTER 180)κ
tution where it may be helped and educated and equipped for industrial efficiency and useful citizenship. Sec. 24. Support of Children. If it shall appear, upon the hearing of the cause, that the parent, parents, or any person or persons named in such petition who are in law liable for the support of such child, are able to contribute to the support of such child, the Court shall enter an order requiring such parent, parents or other persons to pay to the guardian so appointed, or to the institution to which such child may be committed, or to the State, a reasonable sum from time to time for the support, maintenance or education of such child, and the Court may order such parent, parents or other persons to give reasonable security for the payment of such sum or sums, and, upon failure to pay, the Court may enforce obedience to such order as for contempt of court. The Court may, on application and on such notice as the Court may direct from time to time, make such alterations in the allowance as may appear reasonable and proper. Sec. 25. Guardianship of Person. Nothing in this Act shall be construed to give the guardian appointed under this Act the guardianship of the estate of the child or to change the age of minority for any other purpose except the custody of the child. Sec. 26. Appeals. Cases under this Act may be reviewed by appeal to the Supreme Court. Sec. 27. Contempt of Court. Any person who shall interfere with the direction or disposition of any child under any order of the Court concerning any child made in pursuance of the provisions of this Act, or with any Probation or other officer of the court in carrying out the directions of the Court under any such order, shall be held to be in contempt of court and subject to punishment as for contempt of court. Sec. 28. Validity of Acts. The invalidity of any portion of this Act shall not affect the validity of any other portion thereof which can be given effect without such invalid part. |
Support of children.
Guardianship of person.
Appeals.
Contempt of court.
Validity of Acts. |
________
Chap. CLXXXI.An Act permitting the establishment of County High Schools in the various counties of this State, and providing for the construction, maintenance, management and supervision of the same, to repeal all Acts and parts of Acts in conflict herewith, and matters properly connected therewith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There may be established in any county in this State a high school; provided, that at any general or special election held in said county after the passage of this Act, a majority of all the votes cast at such election, upon the proposition to establish a high school shall be in favor of establishing and maintaining such high school at the expense of said county. |
|
κ1909 Statutes of Nevada, Page 242 (CHAPTER 181)κ
County High Schools established by popular vote.
County Commissioners to submit question to voters.
Ballots.
Location of said school, how determined. |
special election held in said county after the passage of this Act, a majority of all the votes cast at such election, upon the proposition to establish a high school shall be in favor of establishing and maintaining such high school at the expense of said county. Sec. 2. The Board of County Commissioners at any general election to be held in any county after the passage of this Act, upon the presentation of a petition signed by fifty or more qualified electors, taxpayers of said county, at any regular meeting of said Board held not less than eight weeks before any general or special election, must make an order submitting the question of establishing, constructing, and maintaining a county high school to the qualified electors thereof. The Board of County Commissioners, upon the presentation of said petition, may order a special election for said purpose. Said election shall be conducted in the manner prescribed by law for conducting elections, and the ballots at such election shall have printed thereon the words For a County High School and the words Against a County High School. The votes cast for and against such county high school at any election therefor, shall be counted and the returns thereof made and canvassed in the manner provided for by law for counting, making returns, and canvassing the votes of a general election; provided, that the election officers appointed to conduct any special election held in accordanee with this Act, as required by law, shall perform all services required of them by law in holding and conducting such elections, without any fees or pay therefor. Sec. 3. If a majority of the votes cast on the proposition to establish a county high school shall be in the affirmative, it shall be the duty of the Board of County Commissioners, within thirty days after canvassing said vote, to locate the high school in the place in said county where the said Board shall deem most suitable and convenient for the purpose. If, within sixty days after the County Commissioners shall have located said high school, there shall be presented a certified petition bearing the signatures of at least one-fourth of the qualified voters of such county according to the last general election returns, said petition requesting a vote on the question of the location of the county high school and specifying a desired location, said Board of County Commissioners shall submit the question of such location to the voters of the county at the next general election; provided, that in all cases where special elections have been called by the Board of County Commisioners of any county of this State previous to the passage of this Act to submit the question of location of any county high school to the voters in any such county wherein two thousand or more votes were cast at the last general election, and wherein the assessed valuation of real and personal property is six million dollars or more, the Board of County Commissioners may, if said Board deems it to the best interest of the people of such county, establish two county high schools; one at the place selected by the Board of County Commissioners and one at the place named in the petition presented to the said Board of County Commissioners praying for said special election in said county, and thereupon the said Board may revoke the order calling said special election and in such case no special election shall be held. |
κ1909 Statutes of Nevada, Page 243 (CHAPTER 181)κ
Board deems it to the best interest of the people of such county, establish two county high schools; one at the place selected by the Board of County Commissioners and one at the place named in the petition presented to the said Board of County Commissioners praying for said special election in said county, and thereupon the said Board may revoke the order calling said special election and in such case no special election shall be held. At any general election at which the location of any county high school is submitted to the voters of the county, the form of the ballot shall be:
Shall the County High School be located at ...............?
In other respects the provisions of the general election law shall be followed. If at any such election a majority of all voters who shall vote on the question of such location shall vote in favor of locating the county high school at the place designated in the petition, it shall be the duty of the Board of County Commissioners to cause the high school to be located at such place, not later than the first day of the next following September. While a vote on the question of changing the location of any county high school is pending, no contract for the purchase of grounds or for the erection of a building shall be made. When the location of the county high school has been finally determined, the Board of County Commissioners shall estimate the cost of purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and the cost of running said school for the following twelve months; provided, that the estimate mentioned herein for purchasing suitable grounds, procuring plans and specifications, erecting a building, furnishing the same and fencing and ornamenting the grounds shall not be made, if previous to the time when the Commissioners are to make such estimate the Legislature shall have authorized said county to issue bonds for such purpose. Sec. 4. When such estimate shall have been made, the Board of County Commissioners shall thereupon immediately proceed to levy a special tax upon all the assessable property of the county sufficient to raise the amount estimated. Said tax shall be computed, entered on the tax roll and collected in the same manner as other taxes are computed, entered and collected, and the amount so collected shall be deposited in the county treasury and be known and designated as the County High School Fund, and shall be drawn from the treasury in the manner now provided by law for drawing money from the treasury by School Trustees; provided, however, that the tax levy for purchasing suitable grounds, procuring plans and specifications, erecting a building and furnishing the same, fencing and ornamenting the grounds, may be deferred as long as a sufficient number of suitable rooms in a public school building can be secured for the purposes of such county high school at a reasonable rental. |
Form of ballot.
Proviso.
Tax levy.
County High School Fund.
|
κ1909 Statutes of Nevada, Page 244 (CHAPTER 181)κ
County Board of Education.
County Board of Education, elected.
Duties of said Board.
Tax levy. |
suitable rooms in a public school building can be secured for the purposes of such county high school at a reasonable rental. In case such levy be deferred until after the election of a County Board of Education, the levy shall be made by the Board of County Commissioners whenever so ordered by the County Board of Education, and the Board of Education shall be charged with the duty of purchasing grounds and erecting and furnishing such school building. Sec. 5. The Board of County Commissioners shall act as a County Board of Education in the performance of the duties hereinbefore mentioned and shall continue to perform the duties of the County Board of Education until a County Board of Education shall have been elected and qualified as hereinafter provided, and at such time the Board of County Commissioners shall transfer all property and control of said school to the County Board of Education, who shall hold the same in trust for the county. Sec. 6. At the next general election after it shall have been decided to establish a county high school there shall be elected a County Board of Education, to consist of three members, two of whom shall serve two years, and the other four years, and thereafter at each regular biennial election there shall be elected two members of said Board, one of whom shall serve for two years and the other for four years. Each person elected as herein provided shall enter upon the duties of his office on the first Monday in January next following his election, and shall hold office until his successor is elected and qualified. If at any time a vacancy shall occur on said Board, it shall be the duty of the Superintendent of Public Instruction to appoint a member for the unexpired term. Sec. 7. It shall be the duty of the County Board of Education to furnish, annually, an estimate of the amount of money needed to pay all the necessary expenses of running said school; to enforce the uniform high-school course of study adopted by the State Board of Education; to employ teachers holding Nevada State certificates of the high-school grade in full force and effect; to hire janitors and other employees, and discharge such employees when sufficient cause therefor shall exist; and to do any and all other things necessary to the proper conduct of the school. Sec. 8. It shall be the duty of the Board of County Commissioners to include in their annual tax levy the amount estimated by the County Board of Education as needed to pay the expenses of conducting the county school; and such amount, when collected and paid into the county treasury, shall be known as the County High School Fund, and may be drawn therefrom for the purpose of defraying the expenses of conducting said county high school, in the manner now provided by law for drawing money from the county treasury by School Trustees. Sec. 9. All county high schools shall be open for the admission of graduates holding diplomas from the eighth grade of the elementary schools of the State; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the State Board of Education; and to such other pupils as shall pass the examination for admission to the county high school, which examination shall be conducted under the direction and authority of the State Board of Education. |
κ1909 Statutes of Nevada, Page 245 (CHAPTER 181)κ
sion of graduates holding diplomas from the eighth grade of the elementary schools of the State; provided, that the examinations for the said diplomas shall have been given under the direction and authority of the State Board of Education; and to such other pupils as shall pass the examination for admission to the county high school, which examination shall be conducted under the direction and authority of the State Board of Education. Sec. 10. Nothing in this Act shall be construed so as to prevent the principal of the county high school from acting as principal of the grammar school of the district in which the county high school is located if so desired by the Trustees of said School District and the County Board of Education. Sec. 11. The county high school shall be under the same general supervision and shall be subject to the same laws, rules and regulations governing the other schools of the State school system. Sec. 12. The County Board of Education is hereby empowered to provide for the rental, purchase, or erection of a suitable dormitory or dormitories and dining hall for high-school students, and to provide for the support, maintenance and management of the same. The said dormitory or dormitories shall be considered part of the regular high-school equipment and organization. Sec. 13. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
What pupils eligible.
Principal may supervise other schools.
Under general laws.
Dormitories and dining hall.
Repeal. |
________
Chap. CLXXXII.An Act providing for the transfer of county and township funds for the support of public schools.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The several Boards of County Commissioners in each and every county in the State of Nevada may, by resolution adopted at any general or special meeting of each or any of said Boards, direct or transfer from any county fund or funds to the school fund of any School District in said county such additional sums of money now provided by law as may be deemed necessary for the support of the public schools in said district; provided, that such transfer may be made only when the fund drawn from shall still continue to be ample for the purposes for which it was created; and provided further, that all additional funds so required for school purposes may be furnished by special tax as now provided by law; provided, however, that this Act shall apply only to counties which polled 571 votes for Congressman at the general election of 1908, and which had on the assessment roll of 1908 $1,794,521 in taxable property. |
County Commissioners may transfer moneys to school funds.
Provisos. |
κ1909 Statutes of Nevada, Page 246 (CHAPTER 182)κ
Repeal. |
election of 1908, and which had on the assessment roll of 1908 $1,794,521 in taxable property. Sec. 2. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
________
New machinery for State Printing Office.
Appropriation.
Traveling expenses.
Duties of Controller and Treasurer. |
Chap. CLXXXIII.An Act authorizing the Superintendent of State Printing to purchase and install a typesetting machine, a power perforating machine, and additional binding machinery in the Nevada State Printing Office, and such other material as may be necessary, and making appropriations for all expenses connected therewith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Superintendent of State Printing is hereby empowered to purchase and install a typesetting machine, additional bindery machinery, and such other material as the needs of the work performed in the Nevada State Printing Office may require. Sec. 2. For the purpose of carrying out the provisions of this Act the sum of seven thousand dollars ($7,000) is hereby appropriated out of any moneys in the General Fund of the State Treasury not otherwise appropriated. Sec. 3. The additional sum of one hundred dollars ($100) is hereby appropriated for the purpose of defraying the traveling and other actual expenses of the Superintendent of State Printing when inspecting and purchasing the above machinery. Sec. 4. The State Controller is hereby authorized to draw his warrants to the amounts named, and the State Treasurer is hereby authorized to pay the same. |
________
Appropriation for machinery at State Prison. |
Chap. CLXXXIV.An Act making an appropriation for the installation of machinery and other appliances at the Nevada State Prison.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated, out of any moneys in the General Fund in the State Treasury not otherwise appropriated, the sum of fifty thousand dollars, to be expended under the direction of the Board of State Prison Commissioners for the purpose of investigating, preparing plans and installing machinery and other appliances in the State Prison as said Board shall deem, after investigation, for the best interest of said Prison. |
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κ1909 Statutes of Nevada, Page 247κ
Chap. CLXXXV.An Act to amend an Act entitled An Act to prevent the pollution or contamination of the water of the lakes, rivers, streams and ditches in the State of Nevada, prescribing penalties, and making an appropriation to carry out the provisions of this Act, approved March 20, 1903, approved March 12, 1907.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of said Act is hereby amended to read as follows: Section 2. For the purposes of this Act the word ditch shall be construed to mean any ditch, canal, channel or artificial water way, used for carrying or conveying water into any reservoir from which it may be used or distributed or any distributing ditch, canal, channel, or artificial water way carrying or conveying water for domestic or irrigation purposes, to any persons or premises in this State, or to any persons or premises in any county, city, town or municipality in this State. |
Ditch construed. |
________
Chap. CLXXXVIAn Act appropriating fifty dollars out of the Legislative Fund of the Twenty-fourth Session of the Nevada Legislature, to be paid to M. Farrell, Porter of the Assembly, and Clarence Sadler, Porter of the Senate, for cleaning and putting in order the Legislative Chambers after adjournment of said Twenty-fourth Session.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fifty dollars is hereby appropriated out of the Legislative Fund of the Twenty-fourth Session of the Nevada Legislature, of which twenty-five dollars is to be paid to M. Farrell, Porter of the Assembly, and twenty-five dollars to be paid to Clarence Sadler, Porter of the Senate, for cleaning and putting in order the Legislative Chambers after adjournment of said Twenty-fourth Session. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the persons above named for the amount specified in this Act, only upon the certificate of the Secretary of State that the Legislative Chambers have been cleaned and put in order, and the State Treasurer is hereby directed to pay the same. |
Appropriation for cleaning Legislative Chambers.
Duties of Controller and Treasurer. |
________
κ1909 Statutes of Nevada, Page 248κ
Franchise for railroad in White Pine and Nye Counties.
Term, 50 years,
Right of way.
Proviso.
Original Railroad Act to govern. |
Chap. CLXXXVII.An Act to grant a franchise, privilege and right of way to Charles F. Ayer, Arthur Smith, Thomas L. Mitchell, Henry F. J. Knobloch and Samuel W. Belford, their associates, successors in interest and assigns, to construct, operate and maintain a railroad in the counties of Nye, Esmeralda, and White Pine in the State of Nevada, from a point at or near the City of Ely or the Town of East Ely, in White Pine County, to a point at or near Tonopah, in the County of Nye, State of Nevada, along a line to be located and defined by said grantees, and matters properly relating thereto.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The franchise, privilege and right of way to construct, operate and maintain a railroad to be operated with such motive power and appliances, and of such gage as the grantees may determine is hereby granted to Charles F. Ayer, Arthur Smith, Thomas L. Mitchell, Henry F. J. Knobloch and Samuel W. Belford, their associates, successors in interest and assigns, on or along such route or line as may be deemed most feasible or advantageous by them from a point at or near the City of Ely, or the Town of East Ely, White Pine County, State of Nevada, to a point at or near Tonopah, Nye County, State of Nevada, for a term of fifty (50) years. Sec. 2. The right of way provided for in Section 1 of this Act, shall include the right to cross and use State lands, or lands held by the State of Nevada, for the purpose of constructing, operating and maintaining such railroad, together with all necessary or proper switches, spurs, sidetracks, sidings or other ways or appliances used or proper to be used in connection therewith or appurtenant thereto; provided, the right of way hereby granted shall not exceed 200 feet in width; and provided further, that a map or plat correctly showing and delineating such route and right of way shall be filed by said grantees, their associates, successors in interest or assigns, with the Secretary of State of the State of Nevada within two years from and after the passage of this Act, and the route and right of way thereby shown shall be deemed to have been finally selected by said grantees for the purposes of said railroad, and shall not thereafter be changed, except as may be provided by law. Sec. 3. The said grantees, their associates, successors in interest and assigns shall have and are hereby granted and given all the rights, privileges and franchises conferred upon railroad companies incorporated in this State under and pursuant to 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, and all Acts amendatory thereof or supplementary thereto, so far as the same are consistent with the provisions of this Act. |
κ1909 Statutes of Nevada, Page 249 (CHAPTER 187)κ
all Acts amendatory thereof or supplementary thereto, so far as the same are consistent with the provisions of this Act. Sec. 4. The franchise, right and privilege hereby granted shall be forfeited and void unless the map or plat provided for in Section 2 of this Act shall be filed as therein required, and unless said railroad shall be completed and in operation within five years from and after the passage of this Act. |
Map must be filed. |
________
Chap. CLXXXVIII.An Act to provide for submitting certain Acts of the Legislature for approval by the qualified electors of the State of Nevada in accordance with the referendum provisions of the Constitution.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever ten per centum or more of the voters of this State, as shown by the number of votes cast at the last preceding general election for Justice of the Supreme Court, shall express their wish that any law or resolution made by the Legislature be submitted to the vote of the people, they shall file with the Secretary of State, not less than four months before the time set for such general election, a petition, which petition shall contain the names and residences of at least ten per centum of the voters of this State, demanding that a referendum vote be had by the people of the State at the next general election upon the bill or resolution on which the referendum is demanded. Sec. 2. The names of the electors so petitioning need not all be upon one petition, but may be contained in one or more petitions; but each petition must be verified by at least one of the voters who has signed such petition, and such voter making such verification must swear that the persons signing said petition are qualified voters of this State. Said petition may be verified upon information and belief. Sec. 3. That upon receipt of said petition by the Secretary of State he shall file the same, and at the next general election shall submit the question of the approval or disapproval of said law or resolution to the people of the State to be voted upon at the next ensuing election wherein any State or Congressional officer is to be voted for, or wherein any question may be voted upon by the electors of the entire State. And the Secretary of State Shall certify the said law to the several County Clerks in this State, and they shall publish the same in accordance with the provisions of law requiring the said County Clerks to publish questions and constitutional amendments which are to be submitted for popular vote. Sec. 4. That the title of the Act shall be set out on the ballot, and the question printed upon the ballot for the information of the voter shall be as follows: Shall the Act (setting out the title thereof) be approved? |
Relating to referendum provision of Constitution.
Petition.
More than one petition.
Verification.
Secretary of State to certify questions to the County Clerks.
Clerks to publish same. |
κ1909 Statutes of Nevada, Page 250 (CHAPTER 188)κ
Questions, how placed on ballots.
Operation of referendum. |
ballot, and the question printed upon the ballot for the information of the voter shall be as follows: Shall the Act (setting out the title thereof) be approved? And the votes cast upon such question shall be counted and canvassed as are the votes for State officers counted and canvassed. Sec. 5. When a majority of the electors voting at a State election shall by their vote signify approval of a law or resolution, such law or resolution shall stand as the law of the State, and shall not be overruled, annulled, set aside, suspended or in any way made inoperative, except by a direct vote of the people. When a majority shall so signify disapproval, the law or resolution so disapproved shall be void and of no effect. |
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For the new ward building at Hospital for Mental Diseases. |
Chap. CLXXXIX.An Act making an appropriation for certain improvements in and about the Nevada Hospital for Mental Diseases.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of forty-three thousand seven hundred and ten ($43,710) dollars is hereby appropriated out of any moneys in the General Fund in the State Treasury, not otherwise appropriated, to be expended under the direction of the Board of Commissioners for the Care of the Indigent Insane, according to the best judgment of the members of said Board, and for the following purpose: To construct and equip a new ward building for patients. |
________
Preamble.
Lost poll-tax receipts. |
Chap. CXC.An Act for the relief of Mrs. J. W. Guthrie.
[Approved March 24, 1909.]
Whereas, In the year nineteen hundred and seven, Mr. J. W. Guthrie, the Assessor of Humboldt County, settled in full for all poll-tax books received from the State Controller for Humboldt County for that year; and Whereas, During the said year one poll-tax book signed by the State Controller and charged to said J. W. Guthrie, which said book was delivered by the said Assessor, J. W. Guthrie, to J. W. Maney, at Winnemucca, Humboldt County, Nevada, during the year nineteen hundred and seven, and which book was lost and no value or compensation was received for it by said J. W. Guthrie, who advanced and paid the value of said book, which amounted to the value of seventy-five dollars; now, therefore,
|
κ1909 Statutes of Nevada, Page 251 (CHAPTER 190)κ
the value of said book, which amounted to the value of seventy-five dollars; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of thirty-three dollars and seventy-five cents is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, to pay the proportion received by the State for said book of poll-tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of thirty-three dollars and seventy-five cents in favor of Mrs. J. W. Guthrie, and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. The Board of County Commissioners of Humboldt County are hereby directed and required to allow the claim of Mrs. J. W. Guthrie in the sum of forty-one dollars and twenty-five cents, the proportion received by the county on allowance for said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the general fund of said county for said amount, and the County Treasurer is hereby authorized and directed to pay the same. |
State to reimburse Mrs. J. W. Guthrie.
Humboldt County to pay its proportion. |
________
Chap. CXCI.An Act to define and regulate the business of banking; creating a State Banking Board, and defining its powers and duties, and providing for a Bank Examiner and the examination and supervision of banking corporations; and for the appointment of receivers in certain cases, fixing penalties for the violation thereof; and other matters relating thereto.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The business of banking or receiving of deposits of money or instruments of credit subject to be repaid upon check, draft, certificate, pass-book or order; the discounting, negotiating of promissory notes, drafts, bills of exchange, and other evidences of debt; and the loaning of money upon personal or other security, is hereby declared to be a quasi-public business and subject to regulations and control by the State. Sec. 2. It shall be unlawful for any corporation, partnership, firm or individual to engage in or transact a banking business within this State on and after the taking effect of this Act, except by means of a corporation duly organized for such purpose under the laws of this State; except agencies of foreign corporations now doing a banking business in this State, said agencies to be subject to all the provisions of this Act not inconsistent with this exception; provided, that hereafter all corporations organizing for the purpose of doing a banking business in this State shall incorporate under and pursuant to the provisions of An Act to provide for the incorporation of banks, banking institutions and saving societies, and the management of the affairs thereof, and other matters relating thereto, providing penalties for the violation of the provisions of this Act, and repealing all Acts in conflict thereof, approved March 29, 1907. |
Banking declared a quasi-public business.
Bank must be organized under laws of Nevada.
Exception. |
κ1909 Statutes of Nevada, Page 252 (CHAPTER 191)κ
All banks must hereafter incorporate under law of 1907.
Penalty.
Bank, banking corporation, commercial bank, and savings bank defined.
Lawful money construed.
State Banking Board created.
Term of office, oath, meetings, salary, etc.
Proviso. |
this Act not inconsistent with this exception; provided, that hereafter all corporations organizing for the purpose of doing a banking business in this State shall incorporate under and pursuant to the provisions of An Act to provide for the incorporation of banks, banking institutions and saving societies, and the management of the affairs thereof, and other matters relating thereto, providing penalties for the violation of the provisions of this Act, and repealing all Acts in conflict thereof, approved March 29, 1907. Any violations of the provisions of this section shall subject the corporation, partnership, firm or individual so offending to a penalty of twenty-five ($25) dollars for each day of the continuation of such offense, and be cause for the appointment of a receiver by the State Banking Board as hereinafter provided, to wind up such banking business. Sec. 3. The term bank or banking corporation, as used in this Act, shall be construed to mean any incorporated banking institution which shall have been incorporated under the laws of this State, as they existed prior to the taking effect of this Act, and to such banking institutions as shall hereafter become incorporated under the provisions of this Act. The term commercial bank shall be construed to mean any such banking institution as shall, in addition to the exercise of other powers, follow the practice of repaying deposits upon check, draft, or order, and of making commercial loans chiefly; the term savings bank shall be construed to mean any such banking institutions as shall, in addition to the exercise of other powers, follow the practice of repaying deposits only upon the presentation of pass-books, and whose loans are chiefly made on real estate security. Sec. 4. The term lawful money, as used in this Act, shall be construed to mean all coin, United States notes, treasury notes, gold certificates, silver certificates, National bank notes, and all other forms of money issued by, or which may hereafter be issued by or under, the authority of the United States, as a circulating medium, and shall also be construed to mean any form of certificate which is now or may hereafter be declared to be lawful money of the United States. Sec. 5. There is hereby created the Nevada State Banking Board which shall consist of the Governor, who shall be ex officio chairman thereof, and four other members to be appointed by the Governor. Such appointees shall hold office for the term of two years, unless sooner removed by the Governor, and shall qualify by taking and subscribing to the constitutional oath of office which shall be filed with the Secretary of State. Said Board shall meet at the State Capitol at least twice a year, and at such other times as the Governor, or any two members thereof, may request. The members so appointed shall receive ten dollars per day for their services while engaged in the performance of their duties as prescribed by this Act; provided, that each member thereof shall be entitled to receive his traveling and other necessary expenses incurred in attending meetings of said Board. |
κ1909 Statutes of Nevada, Page 253 (CHAPTER 191)κ
entitled to receive his traveling and other necessary expenses incurred in attending meetings of said Board. Sec. 6. Said Board shall have general supervision and control of banks and banking under the laws of this State, and no person or persons shall be permitted to engage in or transact a banking business save corporations having complied with the provisions of this Act; provided, however, that this Act is not intended to apply to banks organized under the banking laws of the United States. Said Board shall be and constitute the State Banking Board, and successor to the Board of Bank Commissioners, as now existing, as such entitled to all the records, books, files and papers thereof, and shall exercise all the powers and discharge all the duties of such Board under the laws of this State. Sec. 7. The Governor shall appoint a suitable person, having had at least three years actual experience in practical banking, to make an examination of and into the affairs of every corporation transacting a banking business and subject to the provisions of this Act, as often as shall be deemed necessary or proper by the said State Banking Board, and it [at] least twice in each year. But no person thus appointed shall be permitted to examine the affairs of any bank in which he has a personal interest, or of which he is, or within one year next preceding his appointment was, an officer or employee, and any and all persons appointed under the provisions of this section shall be subject to removal at the pleasure of the Governor. Such Bank Examiner shall enter into a bond to the State of Nevada before taking his office, with surety or sureties, to be approved by the Governor, in the sum of $25,000. Said Bank Examiner shall be ex officio Secretary of the Board, and he may appoint one clerk and assistant, who shall receive a salary of $1,800 per annum. Sec. 8. The said Banking Board shall procure and keep a seal, upon which shall be engraved the coat of arms of the State and the words State Banking Board of Nevada, and all licenses and orders issued by said board shall be attested by said seal and the signatures of the said chairman and secretary. Sec. 9. The Bank Examiner so appointed shall have power to make a thorough examination into all the books, papers and affairs of any corporation, transacting a banking business in this State, and in so doing, to administer oaths and affirmations, and to examine on oath or affirmation, the officers, agents, and clerks of such corporation, touching the matters which he may be authorized and directed to inquire into and examine, and to require the attendance of any person or persons in this State to testify under oath before him in relation to the affairs of such corporation. The Bank Examiner shall report to the District Judge of the county wherein such examination is being held the name of any person refusing to appear or refusing to answer. The Judge of such district shall cause a citation to issue to such person in the same manner as citations are usually issued in the District Court, and shall proceed to punish such person for contempt unless such person appear and testify. |
To have control of banks.
National banks excepted. To succeed Board of Bank Commissioners.
Governor to appoint Bank Examiner.
Bond.
Seal for State Banking Board.
Duties of Bank Examiner. |
κ1909 Statutes of Nevada, Page 254 (CHAPTER 191)κ
Proviso.
Salary.
Expenses.
Bank Examiner to take charge of bank, when. |
such district shall cause a citation to issue to such person in the same manner as citations are usually issued in the District Court, and shall proceed to punish such person for contempt unless such person appear and testify. All proceedings shall be conducted in the same manner as contempt in the District Courts. The person making such examination shall make a full and detailed report of the condition of such corporation, to the State Banking Board; provided, that any examiner appointed under the provisions of this Act who shall knowingly and wilfully make any false or fraudulent report of the condition of any bank which shall have been examined by him, with the intent to aid or abet the officers, owners or agents of such bank, in continuing to operate an insolvent bank; or if, any such examiner shall receive or accept any bribe or gratuity, given for the purpose of inducing him to not file any report of an examination of any bank made by him, or who shall neglect to make an examination of any bank by reason of having received or accepted any bribe or gratuity, he shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned in the State Penitentiary for not less than two, nor more than ten years. Sec. 10. Every person thus appointed to examine into the affairs of banking corporations shall receive as compensation for his services three thousand dollars per annum, payable in equal monthly installments, and all necessary traveling expenses incurred and actually paid out in the performance of his duties as such examiner, not to exceed one thousand five hundred ($1,500) dollars per annum, such traveling expenses to be paid out of the General Fund, upon his filing with the Board of Examiners an itemized report of such expenses approved by the State Banking Board, or any two members thereof. Sec. 11. The Bank Examiner, appointed as aforesaid, shall have authority, when ordered by the State Banking Board, to take possession of any bank doing business under the laws of this State, and to retain possession of such bank for a time sufficient to make a thorough examination into its affairs and financial condition, and if, upon such examination, it be found by said examiner, that said bank is insolvent, or is conducting its business in an unsafe or unauthorized manner, or is endangering the interest of its depositors, then such examiner shall have full power and authority to hold and retain possession of all the money, rights, credits, assets, and property of every description belonging to such bank as against any mesne or final process issued by any court against such bank or corporation whose property has been taken by such examiner until the State Banking Board can receive and act on the report made by the examiner of said bank, and have a receiver appointed as hereinafter provided. Sec. 12. It shall be unlawful for any person or corporation to conduct a bank or to engage in or transact a banking business in this State without having first obtained a license from the State Banking Board in the manner hereinafter provided, which license shall issue only to corporations duly organized for the transaction of such business. |
κ1909 Statutes of Nevada, Page 255 (CHAPTER 191)κ
business in this State without having first obtained a license from the State Banking Board in the manner hereinafter provided, which license shall issue only to corporations duly organized for the transaction of such business. Sec. 13. A majority of the members of the board of directors of any banking corporation transacting business under the provisions of this Act must be residents of the county wherein such bank is located, or of the counties immediately adjacent thereto, and every director of a bank having a capital of less than fifty thousand dollars ($50,000) must be the owner and holder of at least one-twentieth of the paid-up capital stock in his own name and right, and in a bank with a capital of more than fifty thousand dollars ($50,000) every director must own and hold in his own name and right not less than three thousand dollars ($3,000) of the paid-up capital stock. Sec. 14. The paid-up capital stock required to entitle a corporation to a license under the provisions of this Act, shall be as follows: In no case less than ten thousand dollars; where the bank is located in a village or town of more than one hundred, and less than five hundred inhabitants, not less than fifteen thousand dollars; in towns or villages of five hundred or more, and less than one thousand inhabitants, not less than twenty thousand dollars; in towns or villages of one thousand or more, and less than two thousand inhabitants, not less than twenty-five thousand dollars; in cities or villages of two thousand or more, and less than five thousand inhabitants, not less than thirty-five thousand dollars; in cities of five thousand or more, and less than twenty thousand inhabitants, not less than fifty thousand dollars. The entire capital stock shall be subscribed, and at least eighty per cent thereof paid in, before such license shall be issued to any corporation authorizing it to transact a banking business in this State; and such paid-in capital, including the initial and subsequent payments, shall consist, at the time, of lawful money credit with depository banks, National, State, county or municipal bonds, bank furniture and the necessary bank building, and the lot or lots upon which such building is situated, which said lot or lots shall be free from incumbrance; but National, State, county and municipal bonds shall not constitute in the aggregate more than one-half, nor the bank building and the lot or lots upon which it is situated, together with the bank furniture and fixtures, more than one-third of the paid-in capital, nor shall such furniture and fixtures constitute more than one-tenth thereof; provided, however, that the provisions of this section shall not apply to banking corporations organized and engaged in the business of banking at and prior to the taking effect of this Act. Sec. 15. Every corporation transacting a banking business under the laws of this State, shall, within sixty days after the taking effect of this Act, file with the State Banking Board a copy of its articles of incorporation and a full, complete and detailed report of its condition. |
License must be procured.
Majority of directors must be residents of county.
Paid-up capital stock certain amount required for certain localities.
Proviso.
Articles filed with State Board |
κ1909 Statutes of Nevada, Page 256 (CHAPTER 191)κ
Statement, under oath, filed with State Board.
Board to issue license, when.
Fees for license.
Quarterly reports of banks.
What reports shall state. |
a copy of its articles of incorporation and a full, complete and detailed report of its condition. Sec. 16. Every corporation, organized for and desiring to transact a banking business, shall before commencing such business, cause to be [made], under oath, and transmit to the State Banking Board, a full, complete, and detailed statement of: First, the name of the proposed bank; second, a certified copy of the articles of incorporation; third, the names of the stockholders; fourth, the county, city, town or village in which the said proposed bank is located; fifth, the nature of proposed banking business, whether commercial or savings; sixth, the amount of paid-up capital stock, and the items of money and property included in said amount. Sec. 17. Whenever, after the examination and approval by the State Banking Board, of the statement provided for in Section 16 of this Act, the corporation shall file with the State Banking Board the oath of the president, or cashier, that the capital stock has been paid in as provided for, and in compliance with Section 14 of this Act, then the State Banking Board, if, upon investigation, it shall be satisfied that all lawful requirements have been complied with, shall, upon the payment of certain fees as hereinafter provided, issue a license to such corporation. The fees for such license to engage in the business of banking shall be as follows: All banks having a capitalization of $25,000 or less, shall pay the said board for such license the sum of $100; all those having a capitalization of more than $25,000, up to and including $100,000, shall pay a license of $150; all those having a capitalization of more than $100,000, up to and including $300,000 or more, shall pay a license of $275; and each bank shall pay annually thereafter, on or before June 1st of each year, the license required by this section. Sec. 18. Every corporation transacting a banking business hereunder shall make to the State Banking Board not less than four (4) quarterly reports during each year according to the form which may be prescribed by said board, which reports shall be verified by the oath or affirmation of the president, vice-president, or cashier, and in addition two of the board of directors. But the officer administering the oath or affirmation to the person verifying such report shall be in no way interested in such bank as an officer, director or stockholder. Sec. 19. The reports provided for in Section 18 of this Act shall state the amount loaned upon bonds and mortgages; the amount loaned upon notes, bills of exchange, overdrafts, and other personal securities, with the actual market value of such securities; the amount of the rediscounts and of commercial paper past due; the amount invested in real estate, giving the cost of the same; the amount of cash on hand and on deposit in banks or trust companies with their names and the amount deposited in each; the amount of all other assets not enumerated above; provided, that commercial paper not in process of collection, six months past due, with interest unpaid, shall not be included in the report of the assets of such corporation. |
κ1909 Statutes of Nevada, Page 257 (CHAPTER 191)κ
collection, six months past due, with interest unpaid, shall not be included in the report of the assets of such corporation. Each report shall state such resources and liabilities at the close of business on any past day by the State Banking Board specified, and shall be transmitted to said Board within five days after the receipt of a request or requisition therefor. And a summary of such report in the form prescribed by the State Banking Board shall be published in the place where such banking business is transacted, or if there is no newspaper in the place, then in one published in the same county, at the expense of such bank, and proof of such publication shall be transmitted to the State Banking Board within twenty (20) days from the date fixed for such report. Sec. 20. Any corporation transacting a banking business under this Act shall be required to furnish such special reports as may be required from the State Banking Board, or the chairman thereof, to enable such board or chairman to obtain full and complete knowledge of the condition of such corporation. Sec. 21. Any corporation that shall fail, neglect or refuse to make or furnish any report or any published statement required by the provisions of this Act, or that shall transact a banking business without having first obtained a license therefor, in accordance with the provisions of this Act, shall be subject to a fine or penalty of fifty dollars ($50) per day for each day after the time named for said report or statement to be made, that it delays to make and transmit such report or statement to the State Banking Board; and for each day on which any corporation shall be engaged in transacting a banking business in violation of the provisions of this Act. The fine or penalty herein provided for shall be recovered by the State, in a civil action in any court of competent jurisdiction, and it is hereby made the duty of the Attorney-General to enforce the fine or penalty herein provided. Sec. 22. Any person who shall wilfully and knowingly subscribe to, or make, or cause to be made, any false statement or false entry in the books of any corporation transacting a banking business under this Act, or shall knowingly subscribe to or exhibit false papers, with the intent to deceive any person or persons authorized to examine into the affairs of any such corporation, or shall make, state, or publish any false statement of the amount of the assets or liabilities of any such corporation shall be deemed guilty of a felony and upon conviction thereof shall be imprisoned in the State Penitentiary not less than one year nor more than five years. Sec. 23. Every bank doing business under the laws of this State shall have on hand in available funds an amount equal to fifteen per cent of its entire deposits; two-thirds of such amount may consist of balances due from good solvent banks and one-third shall consist of actual cash; provided, that any bank that has been made the depository for the reserve of any other bank or banks shall have on hand, in the manner provided herein, twenty-five per cent of its deposits. |
Report published.
Special reports, when.
Penalties for failure to make reports
Penalties for false statements.
Reserve must be kept. |
κ1909 Statutes of Nevada, Page 258 (CHAPTER 191)κ
Cash, what to include.
Liabilities must never exceed paid-up capital and surplus.
Bank not to loan upon its own capital stock.
Not more than 4 per cent to be paid on deposits. |
reserve of any other bank or banks shall have on hand, in the manner provided herein, twenty-five per cent of its deposits. Sec. 24. Cash shall include lawful money of the United States, and exchange for any clearing house association. Whenever the available funds of any bank shall fall below the reserve herein required, such banks shall not make any new loans or discounts otherwise than by discounting or purchasing bills of exchange payable at sight; nor shall such bank make any dividends of its profits until it has on hand the available funds required by this Act. The State Banking Board may notify any bank, in case its reserve shall fall below the amount required, or its capital is impaired, to make good such reserve, or capital within such time as the State Banking Board may direct, and any failure of such bank to make good any deficiency in the amount of its reserve, or its capital, within the time directed, shall be cause for the appointment of a receiver, as hereinafter provided. Sec. 25. The aggregate amount of the rediscounts and bills payable of any corporation transacting a banking business in this State, shall at no time exceed its paid-up capital and surplus, nor shall any bank at any time permit its loans and investments, exclusive of its reserve and banking house and fixtures, to exceed in the aggregate, eight times the amount of its combined paid-up capital and surplus; provided, that the loans and investments of any savings bank, exclusive of its reserve and banking house fixtures, shall not exceed at any time ten times the amount of its capital and surplus. Sec. 26. No corporation transacting a banking business shall make any loan or discount on the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith; and stock so purchased or acquired shall within six (6) months from the time of its purchase be sold or disposed of at public or private sale; provided, that in no case shall the amount of stock so held exceed ten (10) per cent of the paid-up capital of such bank. Sec. 27. No banking corporation transacting a banking business under this Act shall pay interest on time deposits directly or indirectly at a greater rate than four per cent per annum. Any officer, director or employee of a bank violating the provisions of this section directly or indirectly, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars, or more than five hundred ($500) dollars, or by imprisonment in the county jail not exceeding six months, or both at the discretion of the Court. Sec. 28. Any corporation transacting a banking business under this Act, may semi-annually declare a dividend of so much of the net profits as it may deem expedient, but such corporations shall, before the declaration of a dividend, carry one-tenth part of its net profits to its surplus fund, until the same shall amount to twenty (20) per centum of its paid-up capital stock. |
κ1909 Statutes of Nevada, Page 259 (CHAPTER 191)κ
much of the net profits as it may deem expedient, but such corporations shall, before the declaration of a dividend, carry one-tenth part of its net profits to its surplus fund, until the same shall amount to twenty (20) per centum of its paid-up capital stock. Sec. 29. Any corporation transacting a banking business under this Act may purchase, hold, and convey real estate for the following purposes only: Such as is necessary for convenient transaction of its business, not exceeding in value one-third of the paid-up capital; such as shall be conveyed to it for debts due the bank, and such as it shall purchase at sale under judgments or decrees upon its securities, but the bank at such sale shall not bid a larger amount than to satisfy its debts or at a sale upon its judgment or decrees shall be held longer than five (5) years and within thirty days thereafter must be sold at private or public sale, and at no time shall the total amount of real estate held by any bank for any purpose exceed fifty (50) per cent of the paid-up capital of such bank. Savings banks shall not be subject to the provisions of this section. Sec. 30. No banking corporation doing business in this State shall open or maintain any branch bank or office. Sec. 31. It shall be unlawful for two or more banks transacting a banking business in the same city, town or village in this State to have or use the same name, or names so nearly alike as to cause confusion in transacting business, and in all cases where such similarity of names now exists, or may hereafter exist, complaint may be made to the State Banking Board, and if, in the judgment of said board, such a similarity does exist, and does create confusion in conducting the business of either or both of said banks, then the board may require the junior bank in time of organization to so change or modify its name as to prevent such confusion, and the change of name so made shall be approved by said Banking Board. Sec. 32. It shall be unlawful for any director, officer or employee of any banking corporation doing business in this State to become an endorser or surety for loans to others, or in any manner become obliged for money borrowed of or loaned by such bank. The office of any director, officer or employee, who acts in contravention to the provisions of this section, immediately thereon becomes vacant, and no such director, officer or employee shall be elected or appointed to such vacancy while such indebtedness exists. Sec. 33. It shall be unlawful for any director, officer or employee of any bank directly or indirectly, for himself or as the agent of others, to borrow money from such bank, unless he gives good and sufficient security for the repayment of said loan, which said loan and security must be approved by a majority vote of the directors, in regular or in special meeting assembled, the applicant not voting, and all the proceedings relating thereto shall be recorded at length in the records of the bank. |
Semi-annual dividends; provisions.
Real estate held, under restrictions.
Savings banks excepted.
No branch banks.
Not to use same or similar names.
Bank officer not to be surety for loans.
Bank officer not to borrow money from bank. |
κ1909 Statutes of Nevada, Page 260 (CHAPTER 191)κ
Amount loaned by bank limited.
Penalties.
Capital must not be withdrawn.
Capital stock increased or diminished, how.
Restrictions. |
all the proceedings relating thereto shall be recorded at length in the records of the bank. Sec. 34. No corporation transacting a banking business in this State shall directly or indirectly, loan to any single corporation, firm or individual, including in such loan all loans made to the several members of any such firm for the use or benefit of such firm, corporation or individual, more than thirty per cent (30 per cent) of the paid-up capital and surplus of such bank, but the discounting of bills of exchange, drawn in good faith against actually existing values, and the discount of commercial paper actually owned by the persons negotiating the same shall not be considered as money borrowed, and in no case shall the total liabilities of the several stockholders of any bank to such bank exceed fifty per cent of the paid-in capital and surplus of such bank. Any officer, director or employee of any corporation transacting a banking business under the laws of this State, who shall violate, or knowingly permit a violation of the provisions of this section, upon conviction thereof shall be punished by a fine not exceeding five hundred dollars. Sec. 35. No corporation transacting a banking business under this Act shall withdraw, or permit to be withdrawn, either in the form of dividends or otherwise, any part of its capital. If losses have at any time been sustained, equal to or exceeding undivided profits on hand, no dividend shall be made; and no dividend shall be made by any bank transacting a banking business under the laws of this State, to an amount greater than the net profits on hand less the losses and bad debts; provided, however, that the capital stock may be increased or decreased, in the manner following: First, the stockholders at any regular meeting shall by a vote of those owning two-thirds of the capital stock, authorize the president or cashier to notify the State Banking Board of the proposed reduction or increase of capital and a notice containing a statement of the amount of such proposed reduction or increase of capital shall be published for four (4) weeks in some newspaper published and of general circulation in the county where such bank is located. But no reduction shall be to any amount less than the capital required by this Act, and there shall be no reduction of capital or cancelation of stock until said reduction or cancelation shall first be approved by the State Banking Board; provided, that no reduction of capital or cancelation of stock shall be made that will impair the security of the depositors, and no increase shall be authorized by the State Banking Board until a statement shall have been filed with said board, that the proposed increase of capital has been paid in, and said statement shall be sworn to by the president or cashier. Second, whenever any corporation transacting a banking business in this State shall desire to go into voluntary liquidation, they shall first obtain the written consent of the State Banking Board, who may, if they deem it advisable, before granting such request, order a special examination made of the affairs of such bank. |
κ1909 Statutes of Nevada, Page 261 (CHAPTER 191)κ
they deem it advisable, before granting such request, order a special examination made of the affairs of such bank. Sec. 36. Any corporation designating its business as that of a savings bank, shall have power to carry on a savings-bank business, as prescribed and limited in this Act. Any savings bank may receive deposits from the general public, and all deposits in any bank shall be paid to depositors, or their lawful representatives when required, and at such time and with such interest and under such regulations as shall be prescribed by said bank and approved by the State Banking Board, which regulations shall be printed and conspicuously posted in some place accessible and visible to all persons in the business office of said bank. The funds of any savings bank, except the reserve provided for in this Act, shall be invested in bonds of the United States, or of any State of the United States, or in the public debt or bonds of any city, county, township, village or school district of any State of the United States, which shall have been authorized by the Legislature of the State, or shall be loaned on negotiable paper, secured by any of the above-mentioned classes of security, or upon notes or bonds secured by mortgage lien upon unincumbered real estate; provided, that second mortgage loans may be made on improved farm lands, but no loans shall be made on such improved farm lands, or other real estate which, including the aggregate amount of incumbrance thereon, shall exceed fifty per cent of the cash value thereof, or upon notes secured by collateral security of known marketable value, or held as cash, or shall be deposited in good solvent banks; provided, that chattel mortgages shall not be deemed collateral security and savings banks are prohibited from investing their funds in them. Sec. 37. A pass-book shall be issued to each depositor in a savings bank for all money deposited on an open account. Such pass-books shall contain the rules and regulations adopted by such savings bank governing such deposits. In such pass-books shall be entered each [deposit] made by, and each payment made to, such depositor; provided, that nothing in this section shall prohibit a savings bank from issuing certificates for legitimate deposits; provided, further, when any deposit is made in any savings bank by a person being a minor, the said bank may pay to such depositor such sums as may be due him or her, and the receipt of such minor to such savings bank shall be in all respects valid in law. Sec. 38. It shall be unlawful for any officer or employee of any bank to certify any check drawn upon such bank unless the person, firm or corporation drawing the check has on deposit with the bank at the time such check is certified, an amount of credit on the depositors ledger of such bank subject to the payment of such check, equal to the amount specified in such check; but the certification of such check shall not be recoverable from the payee or holder except in the case of fraud. |
Savings banks, provisions as to.
Funds, how invested.
Proviso as to mortgages.
Pass-books.
Minors.
Certification of checks. |
κ1909 Statutes of Nevada, Page 262 (CHAPTER 191)κ
Penalties.
Banks in liquidation or consolidation.
Voluntary liquidation.
Bank may voluntarily place affairs with State Board.
Bank not to engage in trade or commerce.
Proviso. |
the case of fraud. Whenever a check drawn upon any bank is certified by any officer or employee of such bank, the amount thereof shall be immediately charged against the account of the person, firm or corporation drawing the same. Sec. 39. Any officer or employee of any bank who shall wilfully and knowingly violate any of the provisions of Sections 33 or 34 of this Act, shall be personally liable under his bond for any loss to the bank resulting therefrom. Sec. 40. Any bank, which is in good faith winding up its business for the purpose of consolidating with some other bank, may transfer its resources and liabilities to the bank with which it is in the process of consolidating, but no consolidation shall be made without consent of the State Banking Board, nor shall such consolidation operate to defeat the claim of any creditor or hinder any creditor in the collection of his debt against such banks or either of them. Sec. 41. Any bank may voluntarily liquidate by paying off all its depositors in full, and upon filing a certified statement with the State Banking Board setting forth the fact that all its liabilities have been paid, and upon the surrender of its license to transact a banking business it shall cease to be subject to the provisions of this Act; provided, that the State Banking Board shall cause an examination to be made of any such bank for the purpose of determining that all its liabilities, except to stockholders, have been paid. Sec. 42. Any bank may place its affairs and assets under control of the State Banking Board by posting on its door the following notice: This bank is in the hands of the State Banking Board. The posting of such notice, or the taking possession of any bank by the State Banking Board, or by the Bank Examiner, shall be sufficient to place all of its assets, of whatever nature, immediately in the possession of the State Banking Board, and shall operate as a bar to the levying of attachments or executions thereon, and shall operate to dissolve and release any attachment levied thereon within sixty days next preceding such action. [Sec.] 43. No bank or trust company shall employ its moneys directly or indirectly in trade or commerce by buying or selling goods, chattels, wares or merchandise, and shall not invest any of its funds in the stock of any other bank or trust company, nor be the purchaser or holder of any shares therein, unless such securities or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith, and stock so purchased or acquired shall, within six months from the time of its purchase, be sold or disposed of at public or private sale; after the expiration of six months any such stock shall not be considered as part of the assets of any bank or trust company; provided, that it may sell or become the owner of any personal property which may come into its possession as collateral security for any debt or obligation due it, according to the terms of any contract depositing such collateral security, or if there be no such contract, then collateral security may be sold in the manner provided by law for the foreclosure of chattel mortgages. |
κ1909 Statutes of Nevada, Page 263 (CHAPTER 191)κ
such collateral security, or if there be no such contract, then collateral security may be sold in the manner provided by law for the foreclosure of chattel mortgages. Sec. 44. Whenever it shall appear to the State Banking Board, from any examination or report provided for by this Act, that the capital of any corporation transacting a banking business under this Act is impaired, or that such corporation is conducting its business in an unsafe or unauthorized manner, or is endangering the interests of its depositors, or upon the failure of such corporation to make any of the reports or statements required by the provisions of this Act or to comply with the provisions of said Act in all respects, the State Banking Board shall communicate the facts to the Attorney-General, who shall thereupon cause an application to be made to the District Court of the county where such corporation maintains its bank and is conducting its business, or to any Judge of such court, for the appointment of a suitable person as receiver to take charge of the business assets and property of every kind of said corporation and to wind up its affairs; provided, however, that if the Judge or Judges of the District Court of the county where such application should be made be absent therefrom at the time such application is to [be] made, any Judge of the Supreme Court may appoint such receiver, but all proceedings in relation to such receivership thereafter shall be had before the District Court, or a Judge thereof, which might have appointed such receiver in the first instance, and the petition and the order appointing such receiver shall be forthwith transmitted to the Clerk of such District Court. It shall be sufficient to authorize the appointment of a receiver if any of the facts herein enumerated as a ground for the application for a receiver be made to appear. Nothing in this Act shall affect any proceeding now pending in settling up the affairs of any bank now in custody of the present Bank Commissioners or the Bank Examiner, or any receivership now pending, but all such settlements and proceedings shall be continued and completed in accordance with the present law, and all rights that may have accrued under and by virtue of any law now existing are hereby preserved. Sec. 45. The court or Judge, appointing a receiver under the provisions of this Act, shall, in the order of appointment, fix the amount of his bond in an amount sufficient to protect all persons interested in the assets and affairs to be administered by such receiver, and the receiver, before entering upon his duties as such receiver, shall give a bond in the amount thus fixed, with sureties to be approved by said court, conditioned that he will faithfully and impartially discharge such duties, and well and truly account for all money and property coming into his hands as such receiver, and disburse the same in conformity to the order of such court or Judge, and to the provisions of this Act. Upon the approval of such bond and the taking of the oath required by law, the person thus appointed shall have full power and authority, as receiver under the provisions of this Act. |
Banking Board to notify Attorney-General, when.
Any Supreme Judge to act, when.
Receiver appointed, when.
Present laws to govern, when.
Bond of receiver, how fixed. |
κ1909 Statutes of Nevada, Page 264 (CHAPTER 191)κ
Insolvent bank, how restored.
Order for filing claims on insolvent bank.
Priority of claims. |
the taking of the oath required by law, the person thus appointed shall have full power and authority, as receiver under the provisions of this Act. Sec. 46. After the State Banking Board, a Bank Examiner, or receiver shall have taken possession of any bank under the provisions of this Act, the stockholders thereof may repair its credit, restore or substitute its reserves, and otherwise place it in condition so that it is qualified to do a general banking business as before it was taken possession of as aforesaid, but such bank shall not be permitted to reopen its business until the State Banking Board, after careful investigation of its affairs, is of the opinion that said corporation has complied with the law, that the banks credit and funds are in all respects repaired, and all advances, if any, made from the depositors guaranty fund, with interest, fully paid, its reserve restored or sufficiently substituted, and that it should be permitted again to reopen for business; whereupon said State Banking Board is authorized to issue written permission for reopening of said bank in the same manner as permission to do business is granted after the incorporation thereof, and thereupon said bank may be reopened to do business under the license originally granted under this Act. Sec. 47. As soon as a receiver appointed under this Act has qualified, which shall be within ten days after his appointment, the court in which such proceedings are pending, or a Judge thereof, shall make an order fixing the time for filing claims against the corporation whose property if [is] under such receivership, which shall not be more than sixty days from the date of such order, and notice thereof shall be given forthwith, by posting a copy of such order on the front door of the bank, and by publication thereof in some newspaper published in the county, to be designated by the court or Judge making such order, for at least three successive weeks prior to the date thus fixed. Sec. 48. The claims of depositors, for deposits, and claims of holders of exchange shall have priority over all other claims, except Federal, State, county and municipal taxes, and subject to such taxes, shall at the time of closing of the bank be a first lien on all the assets of the banking corporation from which they are due and thus under receivership; upon proof thereof, they shall be paid immediately out of the available cash in the hands of the receiver. If the cash in the hands of the receiver, available for such purpose, be insufficient to pay the claims of the depositors, the court in which the receivership is pending, or a Judge thereof, shall determine the amount required to supply the deficiency, and cause the same to be certified to the State Banking Board, which shall thereupon draw against the depositors guaranty fund in the amount required to supply such deficiency, and shall forthwith transmit the same to the receiver, to be applied on the said claims of depositors. |
κ1909 Statutes of Nevada, Page 265 (CHAPTER 191)κ
Sec. 49. The court in which such proceedings are pending, or a Judge thereof, shall make such other and further orders and enter such judgments as may be necessary or proper to insure a proper administration of such receivership, and a just and equitable distribution of the assets of such banking corporation among its creditors and all others entitled to participate therein, subject to the provisions of this Act. Sec. 50. Any Bank Examiner, when ordered by the State Banking Board, or any receiver appointed under the provisions hereof, for the purpose of winding up the affairs of the bank, shall have authority to take possession of any bank to which the order of appointment shall relate, and retain the possession of such bank, its money, rights, credits and property of every description, as against any mesne or final process issued by any court against such bank the property of which has been thus taken by such examiner or receiver, and until such time as all of the liabilities of such bank have been fully paid and discharged, and any attachment lien against such property, acquired within sixty days next preceding the taking of such possession by such examiner or receiver as aforesaid, shall be thereby released and dissolved. For each and every day the State Bank Examiner shall so hold possession, such bank shall pay to the State Treasurer, for account of the General Fund, a fee of ten dollars ($10), and for each and every day a receiver shall so hold possession, such bank shall pay such receiver as full compensation for his services a fee of not less than three dollars nor more than ten dollars as may be fixed by the State Banking Board, and in each case, in addition to said amount, the necessary clerk hire and attorney fees. Sec. 51. Whenever any bank refuses or neglects to deliver possession of its affairs, assets or property of whatever nature, to the State Banking Board, or to the person ordered or appointed to take charge of such bank according to the provisions of this Act, the State Banking Board shall communicate the facts to the Attorney-General, or to the District Attorney of the county wherein such bank is located, who shall thereupon cause an application to be made to the District Court or to any Judge thereof, having jurisdiction of the same, for an order placing such board, or the person ordered or appointed by it to take charge of such bank, in charge of such bank and its affairs and property; provided, that if the Judge of the District Court having jurisdiction of the same shall be absent therefrom at the time such application is to be made, then, and in that case, any Judge of the Supreme Court may grant such order, but the petition and order of possession shall be forthwith transmitted to the Clerk of the District Court of the county in which such bank is located. Sec. 52. Every receiver of a bank appointed under the provisions of this Act shall, immediately upon taking possession of such bank, proceed to collect all debts, assets and claims belonging to such bank, and, upon order of the District Court or Judge thereof, may sell or compound all bad or doubtful debts, and on like order may sell all the real and personal property of such bank upon such terms as the court or Judge thereof may direct; and may, if necessary, enforce the liabilities of officers or directors to such bank; provided, that bad or doubtful debts as used in this section shall not include the liabilities of officers or directors; and whenever any such receiver shall have paid in full all of the liabilities of such bank, including any liability to the depositors guaranty fund as herein provided, the funds and assets remaining in his hands, if any, shall be paid and delivered to the party or parties entitled thereto. |
Equitable distribution of assets.
Authority of Bank Examiner.
Previous attachments dissolved.
Fees to be paid State and receiver.
Duties of Banking Board.
Of Attorney-General and District Attorney.
Supreme Judge, when to act. |
κ1909 Statutes of Nevada, Page 266 (CHAPTER 191)κ
Receiver to collect assets.
Receiver to make monthly reports.
Banking Board to make rules and prescribe forms.
General penalties.
Bank, when deemed insolvent.
Bank officer may be removed.
Bank officers civilly liable.
District Attorney, duties of. |
session of such bank, proceed to collect all debts, assets and claims belonging to such bank, and, upon order of the District Court or Judge thereof, may sell or compound all bad or doubtful debts, and on like order may sell all the real and personal property of such bank upon such terms as the court or Judge thereof may direct; and may, if necessary, enforce the liabilities of officers or directors to such bank; provided, that bad or doubtful debts as used in this section shall not include the liabilities of officers or directors; and whenever any such receiver shall have paid in full all of the liabilities of such bank, including any liability to the depositors guaranty fund as herein provided, the funds and assets remaining in his hands, if any, shall be paid and delivered to the party or parties entitled thereto. Sec. 53. Every receiver appointed under the provisions of this Act shall make the State Banking Board not less than one report monthly according to such form as may be prescribed and which shall be verified by his oath. Sec. 54. The State Banking Board shall prescribe all such forms as may be useful or necessary in carrying out the provisions of this Act, and shall have power to make such rules and regulations, not inconsistent with the provisions of this Act, as may be necessary or proper to carry it into effect according to its true intent. Sec. 55. Where no other punishment is provided herein, any person violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not less than thirty days, nor more than six months, or both, in the discretion of the Court. Sec. 56. A bank shall be deemed to be insolvent: First-When the actual value of its assets is insufficient to pay its liabilities. Second-When it is unable to meet the demands of its creditors in the usual and customary manner. Sec. 56a. Any officer of any bank or trust company, found by the Bank Examiner to be dishonest, reckless or incompetent, shall be removed from office by the board of directors of the bank of which he is an officer, on the written order of the Bank Examiner. Sec. 57. Every officer and director of any banking corporation who shall violate any provision of this Act shall be civilly liable for damages to any person injured thereby, and shall likewise be liable to the guaranty deposit fund of such corporation for the amount of money paid out to depositors therein. Sec. 58. It shall be the duty of the Bank Examiner to inform the District Attorney of the county in which the bank or trust company is located of any violation of any of the provisions of this Act, which constitutes a misdemeanor or felony, by the officers, directors, or employees of any bank or trust company, and upon receipt of such information the District Attorney shall institute proceedings to enforce such provisions of this Act. |
κ1909 Statutes of Nevada, Page 267 (CHAPTER 191)κ
or felony, by the officers, directors, or employees of any bank or trust company, and upon receipt of such information the District Attorney shall institute proceedings to enforce such provisions of this Act. Sec. 59. The powers, privileges, duties and restrictions conferred and imposed upon any corporation or individual, existing and doing business under the laws of this State are hereby abridged, enlarged or modified as each particular case may require, to conform to the provisions of this Act notwithstanding anything to the contrary in their respective articles of incorporation or charters. The legality of investments heretofore made, or of transactions heretofore had, pursuant to any provisions of law in force when such investments were made or transactions had, shall not be affected by the provisions of this Act, except as the same can be done gradually by the sale or redemption of the securities so invested in, in such manner as to prevent loss or embarrassment in the business of such corporation or individual, or unnecessary loss or injury to the borrowers of such security, subject always to the approval of the State Banking Board. Sec. 60. The words corporation, banking corporation, bank, or banks, as used in this Act, shall refer to and include banks, savings banks, and trust companies, and all provisions of this Act for the government and regulation of banks shall apply to individuals, firms and corporations of any character conducting the business of receiving money on deposit, or otherwise acting in the capacity of a bank, as provided for in this Act. Sec. 61. Each section of this Act, and every part of each section is hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void, or ineffective for any cause, shall not be deemed to affect any other section or part thereof. Sec. 62. For the purpose of paying all salaries and expenses herein authorized, and to furnish and equip an office at the State Capitol, and for all other purposes incident to carrying out the provisions hereof, the sum of twenty thousand dollars ($20,000) is hereby appropriated out of the State Treasury. |
This Act to govern in face of banks charter or articles.
Prior investments not affected.
Words construed.
Validity of individual sections.
Appropriation. |
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Chap. CXCII.An Act for the relief of A. C. House.
[Approved March 24, 1909.]
Whereas, In the year A. D. 1908, A. C. House, formerly County Assessor of White Pine County, State of Nevada, settled in full with and paid to the County Treasurer of said White Pine County for all poll taxes received from the State Controller for said county for the years A. D. 1907 and 1908; and Whereas, During said year the said A. C. House was charged with and paid for eighty-nine poll-tax receipts of the value of $267 for which no value or compensation was received by him, the said receipts being unused, stolen or lost; now, therefore,
|
Preamble. |
κ1909 Statutes of Nevada, Page 268 (CHAPTER 192)κ
Lost poll-tax receipts.
State to reimburse A. C. House.
White Pine County to pay its proportion. |
charged with and paid for eighty-nine poll-tax receipts of the value of $267 for which no value or compensation was received by him, the said receipts being unused, stolen or lost; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of $120.35 is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, to pay the proportion received by the State of Nevada for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrant for the sum of $120.35 in favor of said A. C. House, and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. The Board of County Commissioners of White Pine County, State of Nevada, is hereby directed and required to allow the claim, when the same shall be filed, of the said A. C. House in the sum of $146.65, the proportion received by said White Pine County on allowance for said poll-tax receipts, and the County Auditor of said White Pine County on the allowance of said claim by said Board of County Commissioners is hereby directed and required to draw his warrant against the general fund of said White Pine County in favor of the said A. C. House for said sum of $146.65, and the County Treasurer of said White Pine County is hereby authorized and required to pay the same. |
________
Appropriation for State water system.
Same. |
Chap. CXCIII.An Act making an appropriation for completion of work on State water supply system and for repairs to State reservoir.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of purchasing pipe and excavating for and laying same from the new State reservoir to the Capitol Building there is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, as per estimates of the State Engineer, the sum of six thousand dollars. Sec. 2. For repairs to the State reservoir and pipe line the sum of one thousand five hundred dollars is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated. |
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κ1909 Statutes of Nevada, Page 269κ
Chap. CXCIV.An Act pertaining to the compensation of county officers in Esmeralda County, in the State of Nevada, regulating the appointments, number and compensation of their deputies and attaches, repealing an Act entitled An Act pertaining to compensation of county officers in Esmeralda County, in the State of Nevada, and repealing all Acts and parts of Acts in conflict therewith, approved March 11, 1907, and repealing all Acts and parts of Acts in conflict with this Act.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act the county officers of Esmeralda County, named in this Act, shall receive the following salaries, fees, and commissions for their services, and none other: The Sheriff and ex officio Assessor shall receive four thousand dollars per annum, and all fees in civil cases, and such fees and commissions as are now allowed by law for the collection of all licenses, bullion taxes and poll taxes. The Sheriff and ex officio Assessor shall be allowed one Deputy Sheriff, to be appointed by him, at a salary of twenty-four hundred dollars per annum. He shall also appoint one Deputy Assessor, who shall receive a salary of eighteen hundred dollars per annum. He shall also appoint as many Deputy Sheriffs as he may think necessary, but the County Commissioners of Esmeralda County shall fix the number and compensation of the deputies who are to be paid by Esmeralda County. The County Clerk and ex officio Treasurer shall receive the sum of thirty-six hundred dollars per annum. He shall appoint five deputies, three of whom shall receive a salary of twenty-four hundred dollars per annum, and two of whom shall receive a salary of eighteen hundred dollars per annum, payable by the county, and such additional deputies as the Board of County Commissioners may allow him. The County Recorder and Auditor shall receive nine hundred dollars per annum as Auditor, and as Recorder he shall receive the fees of his office as County Recorder as are now allowed by law. The District Attorney shall receive a salary of three thousand dollars per annum, and all fees and commissions allowed by general laws governing the fees and commissions of the District Attorney operative in any county in the State. He shall receive an additional sum not exceeding three thousand dollars per annum if he employs a deputy at such sum per annum, and such further sum, if he employs additional deputies, as the County Commissioners may allow him, and he shall receive an additional sum of eighteen hundred dollars per annum if he employs a stenographer at such sum per annum. |
Esmeralda County salaries.
Sheriff.
Deputies.
County Clerk.
Deputies.
Recorder.
District Attorney.
Deputies. |
κ1909 Statutes of Nevada, Page 270 (CHAPTER 194)κ
Expenses and mileage.
Commissioners.
Repeal. |
annum. He shall be allowed mileage at the rate of fifteen cents per mile in going to and from Carson City in attendance upon the Supreme Court in his official capacity, and in going to and from any part of Esmeralda County in such capacity and on such business. The County Commissioners shall receive nine hundred dollars per annum each, and mileage at the rate of twenty cents per mile in going and coming to the county-seat when attending a session of the Board. Sec. 2. An Act entitled An Act pertaining to compensation of county officers in Esmeralda County, in the State of Nevada, and repealing all Acts or parts of Acts in conflict therewith, approved March 11, 1907, and all Acts and parts of Acts in conflict with this Act, are hereby repealed. |
________
Conveyance by married woman.
Certificate
By individual. |
Chap. CXCV.An Act to amend an Act entitled An Act concerning conveyances, approved November 5, 1861, by amending Sections 2, 18 and 30 thereof and also Section 8 thereof, as amended March 3, 1893, and by repealing Sections 19, 22 and 23 thereof.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That Section 2 of An Act concerning conveyances, approved November 5, 1861, be and the same is hereby amended to read as follows: Section 2. A conveyance by a married woman has the same effect as if she were unmarried and may be acknowledged in the same manner. Sec. 2. That Section 8 of the said Act be and the same is hereby amended and changed from the form as amended March 3, 1893, to read as follows: Section 8. (a) Such certificate, when made for an acknowledgment by an individual, shall be in substantially the following form, to wit:
State of Nevada, County of..................... On this...........day of........................., A. D. .........., personally appeared before me, a Notary Public (or Judge or other officer, as the case may be), in and for ....................County, A. B., known (or proved) to me to be the person described in and who executed the foregoing instrument, who acknowledged to me that he (or she) executed the same freely and voluntarily and for the uses and purposes therein mentioned. (b) Such certificate, when made for an acknowledgment by a corporation, shall be in substantially the following form, to wit: |
κ1909 Statutes of Nevada, Page 271 (CHAPTER 195)κ
State of Nevada, County of..................... On this...........day of........................., A. D. .........., personally appeared before me, a Notary Public (or Judge or other officer, as the case may be), in and for ....................County, A. B., known (or proved) to me to be the president (vice-president or secretary) of the corporation that executed the foregoing instrument, and upon oath, did depose that he is the officer of said corporation as above designated; that he is acquainted with the seal of said corporation and that the seal affixed to said instrument is the corporate seal of said corporation; that the signatures to said instrument were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. (c) Such certificate, when made for an acknowledgment by an attorney in fact, shall be in substantially the following form; to wit:
State of Nevada, County of..................... On this...........day of........................., A. D., .........., personally appeared before me, a Notary Public (or Judge or other officer, as the case may be), in and for ....................County, A. B., known (or proved) to me to be the person whose name is subscribed to the within instrument as the attorney in fact of .................... and acknowledged to me that he subscribed the name of the said .................... thereto as principal, and his own name as attorney in fact, freely and voluntarily and for the uses and purposes therein mentioned. 2. (d) Provided, however, that any acknowledgment heretofore or hereafter taken, or certificate thereof made, without this State, either in accordance with the laws of this State, or in accordance with the laws of the place where the acknowledgment is taken, shall be sufficient in this State. Sec. 3. That Section 18 of said Act be and the same is hereby amended to read as follows: Section 18. A certificate of the acknowledgment of any conveyance or other instrument in any way affecting the title to real or personal property, or the proof of the execution thereof, as provided in this Act, signed by the officer taking the same, and under the seal of such officer, shall entitle such conveyance or instrument, with the certificate or certificates aforesaid, to be recorded in the office of the Recorder of any county in this State; provided, however, that any State or United States contract or patent for land may be recorded without any such acknowledgment or proof. Sec. 4. That Section 30 of the said Act be and the same is hereby amended to read as follows: Section 30. When any such State or United States contract or patent is recorded, or when any such conveyance or instrument is acknowledged or proved, certified, and recorded, in the manner in this Act prescribed, the record thereof, or the transcript thereof, certified by the Recorder, under the seal of his office, may be read in evidence without further proof. |
By corporation.
By attorney in fact.
Proviso.
Certificate of acknowledgment of conveyance.
Certificate evidence without further proof. |
κ1909 Statutes of Nevada, Page 272 (CHAPTER 195)κ
Repeal. |
transcript thereof, certified by the Recorder, under the seal of his office, may be read in evidence without further proof. Sec. 5. Sections nineteen (19), twenty-two (22) and twenty-three (23) of the said Act are hereby repealed. Sec. 6. All Acts and parts of Acts in conflict herewith are hereby repealed. |
________
Attorney fees part of costs in Justice Courts. |
Chap. CXCVI.An Act making attorneys fees taxable as costs in favor of the prevailing party in civil actions in the Justice Courts of Nevada.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this Act the prevailing party in any civil action at law in the Justice Courts of this State shall receive in addition to the costs of court as now allowed by law, a reasonable attorneys fee, said fee to be fixed by the Justice of the Peace, and taxed as costs against the losing party. |
________
Preamble.
Lost poll-tax receipts.
State to reimburse H. R. Lemaire |
Chap. CXCVII.An Act for the relief of Henry R. Lemaire.
[Approved March 24, 1909.]
Whereas, In the years 1907 and 1908, Henry R. Lemaire, then Assessor of Lander County, settled in full for all poll tax received from State Controller for Lander County, for said years; and Whereas, During the said years three poll-tax books issued by the State Controller and charged to said Henry R. Lemaire, containing seventy-five blank receipts, which said receipts were lost by said Assessor, Henry R. Lemaire, during the years 1907 and 1908, and no value or compensation was received for them by said Henry R. Lemaire, said lost receipts being of the value of two hundred and twenty-five dollars; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and one dollars and twenty-five cents is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrants for said sum of one hundred and one dollars and twenty-five cents in favor of Henry R. |
κ1909 Statutes of Nevada, Page 273 (CHAPTER 197)κ
lars and twenty-five cents in favor of Henry R. Lemaire, and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. The Board of County Commissioners of Lander County are hereby directed and required to allow the claim of Henry R. Lemaire in the sum of one hundred and twenty-three dollars and seventy-five cents, the proportion received by the county on allowance for said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the general fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same. |
Lander County to pay its proportion. |
________
Chap. CXCVIII.An Act to provide for the direct nomination of candidates for public office by electors, political parties and organizations of electors, without conventions, at elections to be known and designated as primary elections, determining the tests and conditions upon which electors, political parties and organizations of electors may participate in any such primary election, and establishing the rates of compensation for primary election officers serving at such primary elections; providing for the organization of political parties and the promulgation of their platforms, and providing the methods whereby the electors of political parties may express their choice at such primary elections for United States Senator, to provide for the registration of voters for said primary elections and the compensation of Registry Agents, and to provide penalties for violating the provisions of this Act.
[Approved March 23, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The words and phrases in this Act shall, unless such construction be inconsistent with the context, be construed as follows: |
Primary Election Law. |
κ1909 Statutes of Nevada, Page 274 (CHAPTER 198)κ
Words construed.
This Act liberally construed.
Nominations, how made.
United States Senator.
Certain exceptions.
September primary election.
Duties of Secretary of State.
Notice to be published. |
The words Primary Election, any and every primary nominating election provided for by this Act. The words September Primary Election, the primary election held in September to nominate candidates to be voted for at the ensuing November election. The word Election, a general or city, or city and county election, as distinguished from a primary election. The words November Election, the Presidential election, the general State election, district, county, township, or city and county election held in November. This statute shall be liberally construed, so that the real will of the electors shall not be defeated by any informality or failure to comply with all provisions of law in respect to either the giving of any notice or the conducting of the primary election or certifying the results thereof. Sec. 2. All candidates for elective public offices shall be nominated as follows: 1. By direct vote at primary elections held in accordance with the provisions of this Act; or 2. By nominating petitions signed and filed as provided by existing laws. Party candidates for the office of United States Senator shall be nominated in the manner provided herein for the nomination of candidates for State offices. This Act shall not apply to special elections to fill vacancies, to the nomination of party candidates for Presidential Electors; nor to the nomination of officers of the municipalities, whose charters provide a system for nominating candidates for such offices; nor to the nomination of officers for reclamation and irrigation districts; nor to School District officers or School Trustees; nor shall it be construed as restricting or affecting the right of political parties to hold, under existing laws, which are hereby continued in force for all such purposes, primaries and conventions for the selection of delegates to National Conventions. Sec. 3. The September primary election shall be held in each precinct on the first Tuesday in September for the nomination of all candidates to be voted for at the ensuing November election. Any primary election other than the September primary election shall be held on Tuesday three weeks next preceding the election for which such primary election is held. Sec. 4. 1. At least sixty days before the time for holding such September primary election in 1910, and biennially thereafter, the Secretary of State shall prepare and transmit to each County Clerk and to the City Clerk in any city a notice in writing designating the offices for which candidates are to be nominated at such primary election. 2. Within ten days after receipt of such notice such County Clerk or City Clerk in any city shall publish so much thereof as may be applicable to his county once in each week for six successive weeks, in not more than two newspapers published in such county or city and county. |
κ1909 Statutes of Nevada, Page 275 (CHAPTER 198)κ
successive weeks, in not more than two newspapers published in such county or city and county. 3. In the case of September primary elections for the nomination of candidates for city or city and county offices to be voted for at the November election in the odd-numbered years, the City Clerk or secretary of the legislative body in any such city shall cause the publication of notice of such primary election, together with a complete statement of the offices for which candidates are to be nominated, once in each week for four successive weeks in not more than two newspapers of general circulation published in such city or city and county, the last publication to be made not more than forty and not less than fourteen days before such primary election. 4. In the case of primary elections other than the September primary elections the City Clerk or secretary of the legislative body of the political subdivision for which such primary election shall be held shall cause one publication of such notice to be given, such publication and posting to be not more than forty and not less than fourteen days before such primary election. Sec. 5. 1. The name of no candidate shall be printed on an official ballot used at any primary election unless at least thirty days prior to the primary election, if the candidate is to be voted for at the September primary election, and at least fourteen days prior to the primary election, if the candidate is to be voted for at a primary election other than the September primary election, a nomination paper shall have been filed in his behalf as hereinafter provided by this Act, in substantially the following form:
I, the undersigned, do solemnly swear (or affirm) that I am a qualified elector of (the............... precinct of the Town of .................... or County of ....................) or (the .................... precinct of the .................... ward of the City of ...................., County of ....................) or (the ............... precinct of the .................... election district of the City and County of ....................), State of Nevada, and a member of the .................... party, and I hereby nominate ...................., who resides at (No. ............... Street, City of ....................) or (in the Town of ....................), County of ..............., as a candidate for the ............... nomination for the office of ...................., to be voted for at the primary election to be held on the ..... day of ..............., 19....., as representing the principles of said .................... party, and I further declare that I intend to support for such nomination the candidate named herein. Signed ................................... Residence ............................ Subscribed and sworn to before me this ..... day of ...................., 19...... ................................ |
City and county primary elections.
Other primary elections.
Nomination papers.
Form of nomination paper. |
κ1909 Statutes of Nevada, Page 276 (CHAPTER 198)κ
All nominations sworn to.
Verification deputies.
Form of oath.
Elector to sign but one nomination paper for same office.
Papers must be bound together.
County and City Clerks to examine all nomination papers. |
2. All nomination papers shall be substantially in the above form and shall not be filed unless signed and verified before an officer authorized by the laws of this State to administer oaths, or before a special verification deputy appointed as follows: The candidate may designate one or more special verification deputies who shall qualify by filing with the County Clerk or registrar of voters an oath or affirmation in substance, as follows:
I, .........., depose and say: I am a qualified elector of the County of .................... and of the .................... (here insert the name of city, town or precinct); that I have been designated as a special verification deputy by ...................., who desires to be the candidate of the ....................party for the office of .................... (here designate the office); that I can read and write the English language, and that in obtaining signatures to the nomination papers for the persons named herein, I will faithfully observe the election laws of the State of Nevada in so far as they are applicable to the preparation, signing and filing of nomination papers. ....................(Verification.) ....................(Signature.) 3. Each signer of a nomination paper shall sign but one such paper for the same office and shall verify the same as above provided. He shall add his occupation and residence, with street number, if any, and if no street and number, or either, exists, then such a description of the place of residence, if in a city or city and county, as will enable the location to be readily ascertained; he shall also add the date of signing. 4. Such nomination papers prior to their filing must be fastened together and bound by precincts; provided, however, that for all nominations of candidates to be voted for in more than one county, or throughout the entire State, the nomination papers, properly assembled by precincts, may be consolidated and fastened or bound together by counties, but in no case shall nomination papers signed by electors of different counties be fastened or bound up together. The County Clerk of any county or City Clerk of any city shall examine all nomination papers herein provided for which purport to have been signed by electors of his town or city, and shall disregard any name appearing on such paper or papers which is not on the registry list of voters for said county or city. Such officer shall affix to all nomination papers a certificate reciting that he has examined the same, and stating the number of names signed thereto which appear upon the register. All nomination papers pertaining to State Senators and Assemblymen, and to the nomination of candidates to be voted for in more than one county, shall, with such certificate attached, be forwarded, within five days after such paper or papers are left with any County Clerk for examination, to the Secretary of State, who shall receive and file the same. |
κ1909 Statutes of Nevada, Page 277 (CHAPTER 198)κ
with such certificate attached, be forwarded, within five days after such paper or papers are left with any County Clerk for examination, to the Secretary of State, who shall receive and file the same. The verification of signatures for nomination papers shall not be made by the candidate, but each candidate shall file with his nomination paper or papers his affidavit, stating his residence, the street and number, if any; his election precinct; that he is a qualified elector in the election precinct in which he resides; the name of his party and that of the office for which he desires to be a candidate; that he affiliated with said party at the last preceding general election, and either that he did not vote thereat or voted for a majority of the candidates of said party at said next preceding general election, and intends to so vote at the ensuing election, and that if nominated he will accept such nomination and not withdraw, and that he will qualify as such officer if nominated and elected. In the case of an elector seeking nomination for the office of State Senator or Member of the Assembly, he may include with his affidavit one of the two statements hereinafter set forth in this section and subdivision. His failure to include either such statement shall not be a valid ground for refusal to receive and file his nomination papers or paper by the Secretary of State, County Clerk or registrar of voters in any city and county as the case may be. Such statements, if any be made, shall be in substantially the following form: I further declare to the people of Nevada, and to the people of .................... (Senatorial or Assembly) District that during my term of office, without regard to my individual preference, I will always vote for that candidate for United States Senator in Congress who has received for that office the highest number of the peoples votes for that position at the general election next preceding the election of a Senator in Congress. .................... (Signature of candidate for nomination.) If the candidate be unwilling to sign the above statement, he may sign the following declaration, which shall be filed with his nomination paper or papers and affidavit: I further declare to the people of Nevada, and to the people of the .................... (Senatorial or Assembly) District that during my term of office I shall consider the vote of the people at any primary election for United States Senator as nothing more than a recommendation, which I shall be at liberty wholly to disregard as I see fit. .................... (Signature of candidate for nomination.) 5. Such nomination papers shall be signed as follows: (a) If for a State office or for United States Senator, or Representative in Congress, by at least three per centum of the voters of the party of such candidate, in this State. (b) If for any officer voted for in a district comprising more than one county and less than the entire State, by at least three per centum of the voters of his party in such district. |
Affidavit of candidate.
Statement as to United States Senator.
Form of affidavit.
Same.
Percentage of signatures necessary. State Office. District Office. |
κ1909 Statutes of Nevada, Page 278 (CHAPTER 198)κ
County, city or township office.
Basis of percentage.
Independent nominations, how made.
Nominations, where filed.
Fees for filing. |
more than one county and less than the entire State, by at least three per centum of the voters of his party in such district. (c) If for any office voted for entirely within one city, county, town or township, by at least three per centum of the party vote in such county, town, city or township. The basis of percentage in such case shall be the vote of the party for its candidate for Presidential Elector receiving the greatest number of votes at the last preceding Presidential election. But any other political organization which had no candidate for Presidential Elector at such Presidential election, but which at such Presidential election or at the last general State election was represented on the official ballot by either regular party candidates or by individual nominees only may, upon complying with the provisions of this Act, have a separate primary election ticket as a political party, if any of its candidates or individual nominees receive three per centum of the total vote cast at such Presidential or general State election in the State or political subdivision thereof in which the candidate seeks the nomination. In such case the basis of percentage shall be the vote of that party for its candidate who received the greatest number of votes at such last preceding Presidential election or at such last preceding general State election, in the State or political subdivison thereof in which the candidate seeks the nomination. Nothing herein shall be construed as prohibiting the independent nomination of candidates to be voted for at any general election, by electors or bodies of electors, as now provided by law, but a candidate defeated at a primary election held under the provisions of this Act shall be ineligible for nomination to the same office at the same election. Sec. 6. All nomination papers provided for by this Act shall be filed as follows: 1. For State officers, United States Senators, Representatives in Congress, and all officers voted for in districts comprising more than one county, in the office of the Secretary of State. 2. For officers to be voted for wholly within one county, city, town or township, in the office of the County Clerk of such county. 3. For city officers, in the office of the City Clerk or secretary of the legislative body of such city or municipality. Sec. 7. 1. A filing fee of fifty dollars shall be paid to the Secretary of State when the nomination papers or paper and affidavit for any candidate for State office, Representative in Congress or the United States Senate are filed with such Secretary of State. 2. A filing fee of twenty-five dollars shall be paid to the Secretary of State when the nomination paper or papers and affidavit of any candidate, to be voted for in any district comprising more than one county, are filed with such Secretary of State. |
κ1909 Statutes of Nevada, Page 279 (CHAPTER 198)κ
prising more than one county, are filed with such Secretary of State. 3. A filing fee of ten dollars shall be paid to the County Clerk when the nomination paper or papers and affidavit of any candidate to be voted for wholly within one county or town or township are filed with such County Clerk. 4. A filing fee of ten dollars shall be paid by the candidate for Assembly or Senate to the County Clerk of his county. 5. A filing fee of ten dollars shall be paid to the City Clerk or secretary of the legislative body of any municipality when the nomination paper or papers and affidavit of any candidate for a city office are filed with such Clerk or secretary of such legislative body. 6. No filing fee shall be required from any candidate for an office to the holder of which no compensation is required to be paid. Sec. 8. The County Clerk shall immediately pay to the County Treasurer all fees received from candidates. The City Clerk or secretary of the legislative body of any municipality shall immediately pay to the City Treasurer all fees received from candidates. Immediately after the last day for filing nomination papers the Secretary of State shall pay to the State Treasurer all fees received from candidates, and shall apportion the fees paid to him by each candidate equally among the counties within which such candidate is to be voted for and certify such apportionment to the State Controller, who shall issue warrants on the State Treasurer for the amount due each county and the State Treasurer shall pay the same. Sec. 9. The expense of providing all ballots, blanks and other supplies to be used at any primary election provided for by this Act, and all expenses necessarily incurred in the preparation for or the conduct of such primary election, shall be paid out of the treasury of the city, town or township, county or State, as the case may be, in the same manner, with like effect and by the same officers as in the case of election. Sec. 10. At least twenty-five days before any September primary election preceding a November election the Secretary of State shall transmit to each County Clerk of any county a certified list containing the names and postoffice address of each person for whom nomination papers have been filed in the office of such Secretary of State and who is entitled to be voted for in such county at such primary election, together with a designation of the office for which such person is a candidate and of the party or principle he represents. Such County Clerk shall forthwith, upon receipt thereof, publish under the proper party designation the title of each office, the names and addresses of all persons for whom nomination papers have been filed, the date of the primary election, the hours during which the polls will be open, and that the primary election will be held at the regular polling places in each precinct, which shall be particularly designated. |
Same.
No fee, when.
Fees, how disposed of.
All ballots, etc., paid for from public treasuries.
Secretary of State to certify nominations.
County Clerks to publish nominations and notice of primary election. |
κ1909 Statutes of Nevada, Page 280 (CHAPTER 198)κ
Not published in more than two papers.
Voting at primary election; separate ballot for each party.
Ballots on different colored paper for each party.
Secretary of State to furnish paper
Size of ballot regulated. |
that the primary election will be held at the regular polling places in each precinct, which shall be particularly designated. It shall be the duty of the County Clerk to cause such publication to be made for two successive weeks prior to said primary election. Sec. 11. Every publication required by this Act shall be made in not more than two newspapers of general circulation published in such county or city or town or township, and one of such newspapers shall represent the political party that cast at the last preceding general election the highest number of votes in such county or city or town or township, and one of such newspapers, if any, shall represent the party which cast the next highest number of votes at such election. In any case where the publication of the notices provided for by this Act cannot be made as hereinbefore provided it shall be made in any newspaper having a general circulation in the city or county in which the notice is required to be published. Sec. 12. 1. All voting at primary elections within the meaning of this Act shall be by ballot. A separate official ballot for each political party shall be printed and provided for use at each voting precinct. It shall be the duty of the County Clerk of each county to provide such printed official ballots to be used at any September primary election for the nomination of candidates to be voted for in such county, town or township at the ensuing November election. It shall be the duty of the City Clerk or secretary of the legislative body of any municipality to provide such printed official ballots for any primary election other than the September primary election. Such official ballots to be used at any primary election shall be printed on different colored paper, each political party to have a different colored ballot, one shall be white, one blue, one pink, and such other colors as the Secretary of State may designate. The Secretary of State shall furnish the paper necessary to print said ballots, and it shall be the duty of the Secretary of State to obtain and keep on hand, a sufficient supply of such paper for ballots, and to furnish the same in quantities ordered to any County Clerk. Said paper shall be water-marked with a design furnished by the Secretary of State in such manner that the said water-mark shall be plainly discernible on the outside of such ballot when properly folded and such design shall be changed at each primary election. The names of all candidates for the respective offices for whom the prescribed nomination papers have been duly filed shall be printed thereon. 2. Official primary election ballots used at any primary election for the nomination of candidates to be voted for at any Presidential or general State election shall be not less than twelve inches wide and as long as the herein prescribed captions, heading, party designations, directions to voters and lists of names of candidates, properly subdivided according to the several offices to be nominated for, may require; and no official primary election ballot shall be less than six and one-half inches wide. |
κ1909 Statutes of Nevada, Page 281 (CHAPTER 198)κ
tions, heading, party designations, directions to voters and lists of names of candidates, properly subdivided according to the several offices to be nominated for, may require; and no official primary election ballot shall be less than six and one-half inches wide. 3. Across the top of the ballot shall be printed in heavy-faced Gothic capital type, not smaller than fifty-four-point, the words: Official Primary Election Ballot. Beneath this heading shall be printed in heavy-faced Gothic capital type, not smaller than thirty-point, the party designation. In the case of official primary election ballots to be used at any primary election held for the nomination of candidates other than those to be voted for at a Presidential or a general State election, and on which, in accordance with the provisions of this Act, the names of candidates may be printed in a single column or in two parallel columns, as the case may be, the words Official Primary Election Ballot shall be printed thereon in heavy-faced Gothic capital type, not smaller than twenty-four-point. The party designation shall be printed in heavy-faced Gothic capital type, not smaller than eighteen-point. The instructions to voters shall be printed in eight-point Roman type. 4. At least three-eighths of an inch below the voting precinct designation and the date of the primary election shall be printed in eight-point Roman type, double-leaded, the following instructions to voters: To vote for a person whose name appears on the ballot, stamp a cross (X) in the square at the right of the name of the person for whom you desire to vote. 5. The instructions to voters shall be separated from the lists of candidates and the designations of the several offices to be nominated for by one light and one heavy line or rule. The names of the candidates and the respective offices shall, except as may be hereinafter otherwise provided, be printed on the ballot in four or more parallel columns, each two and one-half inches wide. The number of such parallel columns shall be exactly divisible by two, and such parallel columns shall be equally divided on the ballot for State and county tickets by a solid black line, extending down from the printed lines separating the instructions to voters from the lists of names of candidates to the bottom margin of the ballot. In the case of a primary election for the nomination of candidates to be voted for at a Presidential or general State election the order of precedence shall be as follows, that is to say: In the columns to the left of the solid black dividing line shall be printed the groups of names of candidates for nomination for United States Senator in Congress, if any, and Representatives in Congress, and for State and district offices. In the parallel columns to the right of the heavy black dividing line shall be printed the groups of names of candidates for nomination to county and township offices, State Senator and Members of Assembly. |
Size of type used regulated.
Wording of instructions.
Further regulations as to form of ballot. |
κ1909 Statutes of Nevada, Page 282 (CHAPTER 198)κ
For municipal officers.
Names, how grouped, etc.
How names must be printed.
Square for rubber stamp.
County Committeeman.
Form of ballot. |
for nomination to county and township offices, State Senator and Members of Assembly. In the case of primary elections for the nomination of candidates for city or municipal offices only, the groups of names of candidates may be printed in two parallel columns and the order of precedence shall be determined by the legislative body of such city or municipality or by the Board of Election Commissioners of any such city and county. 6. The names of the candidates shall be grouped and made to alternate on the ballot, as provided by Section 13 of this Act, and each group shall be preceded by the designation of the office for which the candidates seek nomination and the words Vote for One or Vote for Two or more, according to the number to be nominated. Such designation of the office to be nominated for and of the number of candidates to be nominated shall be printed in heavy-faced Gothic type, not smaller than eight-point. The word or words designating the office shall be printed flush with the left-hand margin, and the words Vote for One or Vote for Two or more, as the case may be, shall extend to the extreme right of the column and over the voting square. The designation of the office and the direction for voting shall be separated from the names of the candidates by a light line. 7. The names of the candidates shall be printed on the ballot, without indentation, in Gothic capital type not smaller than eight-point, between light lines or rules three-eighths of an inch apart. Under each group of names of candidates shall be printed as many blank spaces, defined by light lines or rules, three-eighths of an inch apart, as there are to be candidates nominated for such office. To the right of the names of the candidates shall be printed a light line or rule so as to form a voting square three-eighths of an inch square. Each group of names of candidates shall be separated from the succeeding group by one light and one heavy line or rule. Each series of groups shall be headed by the word State, Congressional, Legislative, County and Township, or Municipal, or other proper general classification, as the case may be, printed in heavy-faced Gothic capital type, not smaller than eight-point. All official primary election ballots shall have printed on the back and immediately below the center thereof, in eighteen-point Gothic capital type the words Official Primary Election Ballot, and beneath these words the respective counties in which each ballot is to be voted. 8. At the bottom of the last column on any official primary election ballot to be voted in September for the nomination of candidates to be voted for at the ensuing November election, there shall be left one blank space defined by light lines or rules three-eighths on [of] an inch apart and which shall be preceded by the words County Committeeman. 9. The primary election ballot shall be printed substantially in the following form: |
κ1909 Statutes of Nevada, Page 283 (CHAPTER 198)κ
|
|
κ1909 Statutes of Nevada, Page 284 (CHAPTER 198)κ
Regulations as to placing of names.
Sample ballots on white paper.
Clerk to submit ticket to each party chairman.
Sample ballots to be published.
One for each voter.
County Clerk to correct errors in ballots.
City offices. |
Sec. 13. Whenever nomination papers have been duly filed for two or more persons as candidates for nomination to the same office by any political party the names of all such candidates shall be so alternated on the official ballots used in each election precinct that they shall appear thereon substantially an equal number of times at the top, the bottom, and at each intermediate place, if any, of the list of [or] group in which they belong. All officers charged with the preparation and distribution of such ballots shall cause the printers forms to be so transposed and each block of ballots to be so made up as to carry out the intent thereof. Sec. 14. At least twenty days before the September primary election each City Clerk or County Clerk in any city or county shall prepare separate sample ballots for each political party, placing thereon alphabetically, according to surnames, under the appropriate title of each office, the names of all candidates for whom nomination papers have been duly filed with him, or have been certified to him by the Secretary of State, to be voted for at the primary election in his county or city and county. Such sample ballots shall be printed on white paper. Such Clerk shall forthwith submit the ticket of each political party to the chairman of the county committee of such party and shall mail a copy to each candidate for whom nomination papers have been filed with him or whose name has been certified to him by the Secretary of State, to the postoffice address as given in such nomination paper or certification, and he shall post a copy of each sample ballot in a conspicuous place in his office. Such Clerk or registrar of voters shall also cause such sample ballots to be published twice in not more than two newspapers of general circulation published in his county, or city and county, and such publication shall be made not more than twenty days nor less than ten days before such primary election, and such Clerk shall print for general distribution one party sample ballot for each party voter in a precinct and shall distribute said sample ballots not less than ten days before such primary election. On the tenth day before such primary election the County Clerk shall correct any errors or omissions in the ballot, cause the same to be printed as provided by Section 13 of this Act, and distributed as provided by law, except that the number of party ballots to be furnished to each voting precinct shall be apportioned at the ratio of one hundred and fifty such party ballots for each one hundred voters of such party registered in such precinct. In the case of primary elections for the nomination of candidates for city offices it shall be the duty of the City Clerk, secretary of the legislative body of such city or municipality, or such other officer charged by law with the duty of preparing and distributing official ballots used at elections in such city or municipality, to prepare and distribute the sample and official primary election ballots, and so far as applicable and not otherwise provided herein the provisions of this Act shall apply to the nomination of all candidates for city offices; provided, that the lists of candidates shall be posted and published at least ten days before such primary election and the official ballot printed at least four days before the day of holding such primary election. |
κ1909 Statutes of Nevada, Page 285 (CHAPTER 198)κ
and official primary election ballots, and so far as applicable and not otherwise provided herein the provisions of this Act shall apply to the nomination of all candidates for city offices; provided, that the lists of candidates shall be posted and published at least ten days before such primary election and the official ballot printed at least four days before the day of holding such primary election. Sec. 15. The polls must be open at 8 oclock of the morning of the day of primary election and must be kept open until 6 oclock in the afternoon of the same day when the polls shall be closed; provided, however, if at the hour of closing there are any voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote. But no one who shall arrive at the polling place after 6 oclock in the afternoon shall be entitled to vote, although the polls may be open when he arrives. No adjournment or intermission shall be taken except as provided in the case of elections. Sec. 16. The officers for primary elections shall be the same as provided by law for general elections, and such officers shall receive the same compensation for their services at primary elections as provided by law for general elections. It shall be the duty of the proper officers to furnish certified copies of the official register, together with the check list for election district, to one of the inspectors of election as now provided by law. Sec. 17. That the qualifications and regulation of voters at primary elections shall be subject to the same tests and governed by the same provisions of law and rules and regulations as are now prescribed by law for other elections and the same officers who prepare and furnish registers for general elections shall prepare and furnish them for use at primary elections, and it shall be the duty of the proper officers to furnish a certified copy of the register and supplements thereto, for use at primary elections, which said register shall show the names of all voters entitled to vote at such elections. Said register shall be made by taking the names of all voters on the register used at the last general election in the city, town or county, together with supplemental registers or additions showing all additional registrations, changes and corrections made since the last general registration. The supplemental registers to be made as follows: All persons entitled to register or vote at any primary election in any town, city or county whose names are not upon the register, or who may be entitled to transfer their registration, shall be entitled to be registered or transferred so as to enable them to vote at such primary elections, and for that purpose it shall be the duty of the officer charged with the registration of voters of such town, city or county to keep his office open for at least fifty days prior to fifteen days immediately preceding such primary election, and to register all voters entitled to vote at such primary election. |
Names of candidates to be published.
Hours for opening and closing polls.
Primary election officers.
Regular election laws to govern.
Registration, etc.
Supplemental registers. |
κ1909 Statutes of Nevada, Page 286 (CHAPTER 198)κ
Fees of Registry Agent.
Method of voting.
Challenge, how met.
New ballot.
Method of voting.
Deposit of ballot. |
primary election, and to register all voters entitled to vote at such primary election. Said Registry Agent shall be paid a reasonable sum for copying the names from one register to another, the amount to be fixed by the County Commissioners of the county; for all new names he shall be paid as now allowed by law. Sec. 18. Any elector desiring to vote at any primary election on behalf of any party shall give his name and address to the Ballot Clerk, and announce the name of the political party for whose candidates he intends to vote, the Ballot Clerk shall immediately announce the same and the electors right to vote may be challenged by any elector upon any of the grounds now allowed by law as challenge to the right to vote at a general election, and upon the further ground that the elector is not a member of the political party for whose candidates he intends to vote. That when so challenged, his right to vote must be withheld unless he makes oath or affirmation as to his bona fide present intention to support the nominees of such political party or organization. It shall be the duty of the Inspector to tender such oath or affirmation to any voter challenged on the grounds as aforesaid. If not challenged, or if the challenge is overruled or withdrawn, the elector shall receive from the Ballot Clerk a ballot having the designation or heading of the political party demanded by the said elector. He shall be instructed, if necessary, by a member of the board as to the proper method of marking and folding his ballot, and he shall then retire to an unoccupied booth and without undue delay stamp the same with the rubber stamp there found. If he shall spoil or deface the ballot he shall at once return the same to the Ballot Clerk and receive another. Sec. 19. The voter shall designate his choice on the ballot by stamping a cross (X) in the small square opposite the name of each candidate for whom he wishes to vote. If he shall stamp more names than there are candidates to be nominated for any office, or if for any reason it is impossible to determine his choice for any office, his ballot shall not be counted for such office, but the rest of his ballot, if properly stamped, shall be counted. No ballot shall be rejected for any technical error which does not render it impossible to determine the voters choice, nor even though such ballot be somewhat soiled or defaced. Sec. 20. When a voter has stamped his ballot he shall fold it so that its face shall be concealed and only the printed designation on the back thereof shall be visible, and hand the same to a member of the board in charge of the ballot box. Such folded ballot shall be placed in the ballot box in the presence of the voter, and the name of the voter checked upon the register as having voted. Sec. 21. No adjournment or intermission whatever shall take place until the polls shall be closed and until all the votes cast at such polls shall be counted and the result publicly announced, but this shall not be deemed to prevent any temporary recess while taking meals or for the purpose of other necessary delay; provided, that no more than one member of the board shall at any time be absent from the polling place. |
κ1909 Statutes of Nevada, Page 287 (CHAPTER 198)κ
take place until the polls shall be closed and until all the votes cast at such polls shall be counted and the result publicly announced, but this shall not be deemed to prevent any temporary recess while taking meals or for the purpose of other necessary delay; provided, that no more than one member of the board shall at any time be absent from the polling place. Sec. 22. As soon as the polls are finally closed the judges must immediately proceed to canvass the votes cast at such primary election. The canvass must be public, in the presence of bystanders, and must be continued without adjournment until completed, and the result thereof declared. Except as hereinafter provided, the canvass shall be conducted, completed and returned as provided by law. The number of ballots agreeing or being made to agree with the number of names on the lists, as now provided by law, the board must take the ballots from the box, count those cast by each party, and string them separately; count all the votes cast for each party candidate for the several offices and record the same on separate tally lists for each party. Sec. 23. The Board of County Commissioners of each county or in the case of a city or municipal primary election, the officers charged by law with the duty of canvassing the votes at any city or municipal election in such political subdivision, shall meet at the usual place at 1 oclock in the afternoon of the first Friday after each primary election to canvass the returns. If at the time of meeting the returns from each precinct in the county, city and county or other political subdivision in which polls were open have been received the Board must then and there proceed to canvass the returns; but if all these returns have not been received the Board may adjourn to 1 oclock in the afternoon of the following Monday, when the canvass shall begin and be continued until completed, which shall not be later than 6 oclock in the afternoon of the tenth day following such primary election. The Clerk of the Board must, as soon as the result is declared enter upon the records of such Board a statement of such result, which statement shall contain the whole number of votes cast for each candidate of each political party, and for County Committeeman, if any, and a duplicate as to each political party shall be delivered to the county, city and county, or city chairman of such political party, as the case may be. The Clerk shall also make an additional duplicate statement in the same form, showing the votes cast for each candidate not voted for wholly within the limits of such county, or city and county. The County Clerk in any county shall forthwith send to the Secretary of State by registered mail one complete copy of all returns as to such candidates and as to all candidates for the State Assembly, State Senate, Representatives in Congress, and judicial offices, except Justices of the Peace. |
Polls open continuously.
Proviso.
Judges to publicly canvass.
Final canvass, when.
Clerk to record statement of votes.
Duplicate statement. |
κ1909 Statutes of Nevada, Page 288 (CHAPTER 198)κ
Secretary of State to compile returns.
County Committeeman.
Certificates of nomination.
Same.
Returns for United States Senator. |
and as to all candidates for the State Assembly, State Senate, Representatives in Congress, and judicial offices, except Justices of the Peace. The Clerk shall also prepare a separate statement of the names of the candidates of each political party who have received the highest number of votes for the several offices to be voted for wholly within such county, city and county or other political subdivision in which such primary election was held. The Secretary of State shall, not later than the twenty-fifth day after any primary election, compile the returns for all candidates voted for in more than one county, and for all candidates for the Assembly, State Senate, Representatives in Congress and judicial officers, except Justices of the Peace, and shall make out and file in his office a statement thereof. Sec. 24. The person receiving the highest number [of votes] at a primary election as the candidate for the nomination of a political party for an office shall be the candidate of the party for such office, and his name as such candidate shall be placed on the official ballot voted at the ensuing election, and the elector receiving the highest number of votes of his party in his precinct for County Committeeman shall be the County Committeeman of his party for the ensuing two years. It shall be the duty of the officers charged with the canvass of the returns of any primary election in any county, city and county, or municipality to cause to be issued official certificates of nomination to such party candidates as have received the highest number of votes as the candidates for the nomination of such party for any offices to be voted for wholly within such county, city and county, or municipality; and cause to be issued to such County Committeeman a certificate of his election. It shall be the duty of the Secretary of State to issue official certificates of nomination to candidates nominated under provisions of this Act for Representatives in Congress and officers voted for in more than one county. It shall also be the duty of the Secretary of State to compile the returns for United States Senator in Congress, if any, and prepare a statement thereof. A duplicate of such statement in so far as it shall be applicable to such party shall be transmitted to the State Chairman of each political party. And it shall be the duty of the Secretary of State to transmit duplicates of such statements to the Speaker of the Assembly and to the President of the Senate on the first day of the next ensuing session of the Legislature, together with his official certificates of nomination for the candidates for United States Senator in Congress, who received the highest number of votes cast by their respective party at the primary election. Sec. 25. The County Committee of any party shall consist of one member from each voting precinct in such county, or city and county, elected at the last preceding primary election as provided in subdivision 8 of Section 12 of this Act, to hold office for the term of two years and until their successors are elected. |
κ1909 Statutes of Nevada, Page 289 (CHAPTER 198)κ
county, or city and county, elected at the last preceding primary election as provided in subdivision 8 of Section 12 of this Act, to hold office for the term of two years and until their successors are elected. The County Committeemen so elected must meet at the court house at the county-seat on the second Tuesday after such primary election at the hour of 2 p. m. and then shall organize by the election of a chairman and secretary and may then and not thereafter select from among their members an executive committee. Each party candidate nominated for the State Assembly may, not later than Tuesday, two weeks after the primary election, appoint an Assembly District Committee, which committee shall consist of not less than one member from each voting precinct in such Assembly District. Such committee, if any, shall serve for the term of two years. Each party candidate nominated for the State Senate may, not later than Tuesday two weeks after the primary election, appoint a State Senatorial Committee, which committee shall consist of not less than seven members in such State Senatorial District. Such committee, if any, shall serve for a term of four years. Each party candidate nominated for Representative in Congress may, not later than Tuesday three weeks after the primary election, appoint a Congressional District Committee, which committee shall consist of not less than one nor more than three members from each county in such Congressional District. Such committee, if any, shall serve for the term of two years. State Central Committees shall be selected as hereinafter provided. Each such committee may select an executive committee and shall choose its officers by ballot and each committee and its officers shall have the powers usually exercised by such committees and the officers thereof in so far as may be consistent with this Act. The various officers and committees now in existence shall exercise the powers and perform the duties herein prescribed until their successors are chosen in accordance with the provisions of this Act. Sec. 26. In the years when a Governor and other State officers are to be elected the candidates for State officers and for Senate and Assembly nominated by each political party at such primary election and State Senators of such political party whose term of office extends beyond the first Monday in January of the year next ensuing shall meet at the State Capital at 2 oclock in the afternoon of the fourth Tuesday of September after the date on which any primary election is held preliminary to such general State election. They shall forthwith formulate the State platforms of their party, which said State platform of each political party shall be framed at such time that it shall be made public not later than 6 oclock in the afternoon of the following Thursday. It shall also proceed to elect a State Central Committee, to consist of at least three members from each county, who shall hold office until a new State Central Committee shall have been selected. |
County Committee, how formed.
Assembly District Committee.
State Senatorial Committee.
Congressional District Committee.
State Central Committee.
Platforms, how framed and when promulgated. |
κ1909 Statutes of Nevada, Page 290 (CHAPTER 198)κ
State Central Committee.
Vacancies, how filled.
Tie votes, how decided.
Errors or omissions, how corrected.
Contest, procedure for. |
consist of at least three members from each county, who shall hold office until a new State Central Committee shall have been selected. In years when a State Convention assembles to select delegates to a National Convention, to nominate a candidate for President and for Vice-President of the United States, such State Convention shall have the power to formulate their party platform and to select such new State Central Committee, which shall consist of at least one member from each county, which committee shall hold and exercise its power until the candidates for State offices and for Senate and Assembly to be voted for at the next ensuing State election shall assemble and select their successors. Such State Central Committee shall meet and organize at a time and place to be designated by the body selecting such State Central Committee, and such committee may then and thereafter select an executive committee. Sec. 27. Vacancies occurring after the holding of any primary election shall be filled by the party committee of the city, county, city and county, district or State, as the case may be. Sec. 28. In the case of a tie vote, if for an office to be voted for wholly within one county, or city and county, the county, city and county, and City Board, as the case may be, shall forthwith summon the candidates who have received such tie votes to appear before such Board, and such Board in the presence of such candidates shall determine the tie by lot. In the case of a tie vote for an office to be voted for in more than one county, such tie shall be determined by lot by the Secretary of State in the presence of the candidates. Sec. 29. Whenever it shall be made to appear by affidavit to any Justice of the Supreme Court or Judge of the District Court of the proper county that an error or omission has occurred or is about to occur in the placing of any name on an official primary election ballot, that any error has been or is about to be committed in printing such a ballot, or that any wrongful act has been or is about to be done by any Judge or Clerk of a primary election, County Clerk, registrar of voters in any city and county, canvassing board or any member thereof, or other person charged with any duty concerning the primary election, or that any neglect of duty has occurred or is about to occur, such Justice of the Supreme Court or Judge of the District Court shall order the officer or person charged with such error, wrong or neglect, to forthwith correct the error, desist from the wrongful act or perform the duty or forthwith show cause why he should not do so. Any person who shall fail to obey the order of such Justice of the Supreme Court or Judge of the District Court shall be cited forthwith to show cause why he shall not be adjudged in contempt of court. Sec. 30. Any candidate at a primary election desiring to contest the nomination of another candidate for the same office may proceed by affidavit within five days after the completion of the canvass as provided in Section 29 of this Act. |
κ1909 Statutes of Nevada, Page 291 (CHAPTER 198)κ
pletion of the canvass as provided in Section 29 of this Act. And the contestee shall be required by the order of such Justice of the Supreme Court or Judge of the District Court to appear and abide the further order of the court. Sec. 31. Any person who, being in possession of any nomination paper or papers and affidavits entitled to be filed under the provisions of this Act, shall wrongfully either suppress, neglect or fail to cause the same to be filed at the proper time and in the proper place shall be guilty of a misdemeanor, and upon trial and conviction thereof shall be 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 not less than thirty days nor more than six months, or by both such fine and imprisonment. Any act or omission declared to be an offense by the general laws of this State concerning primaries and elections shall also in like case be an offense concerning primary elections as provided for by this Act, and shall be punished in the same manner and form as therein provided, and all penalties and provisions of the law governing elections, except as herein otherwise provided, shall apply in equal force to primary elections as provided for by this Act. Sec. 32. It shall be the duty of the Secretary of State and the Attorney-General to prepare on or before August 1, 1909, all forms necessary to carry out the provisions of this Act, which forms shall be substantially followed in all primary elections held in pursuance hereof. Sec. 33. All Acts or parts of Acts inconsistent with or in conflict with the provisions of this Act are hereby repealed. Sec. 34. This Act shall take effect and be in force from and after July 1, 1909. |
Penalties for neglect to file papers.
General law to govern, when.
Duties of Secretary of State and Attorney-General.
Repeal.
In effect. |
________
Chap. CXCIX.An Act amendatory to an Act entitled An Act to amend an Act entitled An Act pertaining to compensation of county officers in Esmeralda County, in the State of Nevada, and repealing all Acts or parts of Acts in conflict therewith, approved March 11, 1907, approved March....., 1909, and requiring the said officers to make reports to the Board of County Commissioners of Esmeralda County, and repealing all Acts in conflict therewith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following-named officers of Esmeralda County shall receive in full payment for all services rendered by them the following salaries: The Sheriff, for services as Sheriff and ex officio County Assessor, shall receive the sum of four thousand dollars per annum. The Sheriff shall be permitted and he may appoint one deputy at a salary of two thousand dollars per annum, and he shall also appoint as many Deputy Assessors and Deputy Sheriffs as he may think necessary; but the Board of County Commissioners of Esmeralda County shall fix the number and compensation of the deputies so appointed. |
Esmeralda County salaries.
Sheriff. |
κ1909 Statutes of Nevada, Page 292 (CHAPTER 199)κ
Deputies.
County Clerk.
Deputies.
Recorder.
District Attorney.
Deputies.
County Commissioners.
Justice of the Peace.
Constable.
All fees to go to county treasury. |
one deputy at a salary of two thousand dollars per annum, and he shall also appoint as many Deputy Assessors and Deputy Sheriffs as he may think necessary; but the Board of County Commissioners of Esmeralda County shall fix the number and compensation of the deputies so appointed. The County Clerk and ex officio County Treasurer shall receive the sum of three thousand dollars per annum. He may appoint and is hereby authorized to appoint not to exceed two deputies who shall receive a sum of eighteen hundred dollars per annum each. He shall also appoint as many other deputies as he may think necessary; but the County Commissioners of Esmeralda County shall fix the number and compensation of said deputies so appointed. The County Recorder, for services as County Recorder and ex officio Auditor, shall receive the sum of three thousand dollars per annum. He may appoint, and is hereby authorized to appoint not to exceed two deputies, who shall receive a salary of eighteen hundred dollars per annum. He shall also appoint as many more deputies as he may think necessary; but the Board of County Commissioners of Esmeralda County shall fix the number and compensation of the deputies so appointed. The District Attorney of Esmeralda County shall receive the sum of three thousand dollars per annum. He shall be allowed and is hereby authorized to appoint one deputy at a salary of twenty-four hundred dollars per annum. He shall also appoint as many deputies as he may think necessary; but the Board of County Commissioners of Esmeralda County shall fix the number and compensation of the deputies who are to be paid by Esmeralda County. The salaries of the County Commissioners of Esmeralda County shall remain as they are at the present time. The Justice of the Peace of Goldfield Township, for services as Justice of the Peace and ex officio Coroner, shall receive the sum of twenty-four hundred dollars per annum; but he shall also be allowed, together with said salary, all fees received by him as Register Agent. The Constable of Goldfield Township shall receive the sum of twenty-four hundred dollars per annum. The above salaries shall be in full compensation for all services and ex officio services to be performed by the above officers, and all fees collected by the above-named officers, both civil and criminal, and all percentages collected by the Sheriff as Sheriff and ex officio Assessor shall be paid into the treasury of Esmeralda County, and no fees of any kind or character shall be allowed the above-named officers, and they shall receive no other compensation but the salary herein named, and they shall make full, true and correct reports of all fees collected by them monthly to the Board of County Commissioners of Esmeralda County. The County Commissioners of Esmeralda County are hereby authorized to allow the traveling expenses of all the above-named officers when traveling either in Esmeralda County or elsewhere in performing the duties of their offices. |
κ1909 Statutes of Nevada, Page 293 (CHAPTER 199)κ
authorized to allow the traveling expenses of all the above-named officers when traveling either in Esmeralda County or elsewhere in performing the duties of their offices. Sec. 2. This Act shall take effect from and after January 1, 1911, and all Acts and parts of Acts in conflict with this Act are hereby repealed. |
Traveling expenses.
In effect January 1, 1911. |
________
Chap. CC.An Act providing for the removal from office of public officers for malfeasance or nonfeasance in office, regulating the mode of procedure, and other matters properly connected therewith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An accusation, in writing, against any district, county, or township officer, for wilful misconduct in office, may be presented by the grand jury of the county, for which such officer accused is elected or appointed, which accusation shall state the offense charged, and shall be delivered by the foreman of the grand jury to the District Attorney of the county, who shall cause a copy thereof to be served upon the defendant, and require, by notice, in writing, of not less than ten days, that he appear before the District Court then sitting, or at the next term and answer the accusation. The original accusation shall then be filed with the Clerk of the District Court. Sec. 2. The defendant must appear at the time appointed in the notice, and answer the accusation, unless for some sufficient cause the Court assign another day for that purpose. If he do not appear, the Court may proceed to hear and determine the accusation in his absence. Sec. 3. The defendant may answer the accusation, either by objecting to the sufficiency thereof, or to any allegation therein, or by denying the truth of the same. Sec. 4. If he object to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specified form, it being sufficient if it present intelligibly the grounds of the objection. Sec. 5. If he denies the truth of the accusation, the denial may be oral, and without oath, and shall be entered upon the minutes. Sec. 6. If an objection to the sufficiency of the accusation be not sustained, the defendant shall be required to answer the accusation forthwith. Sec. 7. If the defendant plead guilty, and refuses to answer the accusation, the Court shall render judgment of conviction against him. If he deny the matter charged, the Court shall immediately, or as soon thereafter as practicable, proceed to try the accused, which trial shall be conducted in all respects and in like manner as trial upon indictment for other offenses. |
Proceedings to remove district, county or township officer.
To answer accusation.
Mode of answer.
Objection in writing.
Denial.
Sufficiency.
Trial. |
κ1909 Statutes of Nevada, Page 294 (CHAPTER 200)κ
Judgment on conviction.
Appeal may be taken.
Trial of District Attorney.
State officer, how prosecuted.
Service must be personal.
Non-appearance of defendant.
Defendant, answer of.
Objection in writing.
Judgment on conviction. |
and in like manner as trial upon indictment for other offenses. Sec. 8. Upon a conviction the Court shall immediately, or within five days, as it may appoint, pronounce judgment that the defendant be removed from office; but to warrant a removal, the judgment must be entered upon the minutes, assigning thereon the causes of removal. Sec. 9. From a judgment of removal, an appeal may be taken to the Supreme Court, in the same manner as from a judgment in a civil action; but until such judgment be reversed the defendant shall be suspended from his office. Pending the appeal the office may be filled as in case of a vacancy. Sec. 10. The same proceedings may be had on like grounds for the removal of a District Attorney, except that the accusation shall be delivered to the District Judge of the district, who shall thereupon appoint some one to act as a prosecuting officer in the matter, or shall place the accusation in the hands of the District Attorney of the nearest adjoining district and require him to conduct the proceedings. Sec. 11. When a civil officer of the State is impeached by the Assembly for misconduct in office, the articles of impeachment shall be delivered to the President of the Senate, who shall cause a copy thereof with the notice to appear and answer the same, at the time and place appointed, to be served on the defendant not less than ten days before the day fixed for the hearing. Sec. 12. The service must be upon the defendant personally or, if he cannot, upon diligent inquiry, be found within the State, the Senate, upon due proof of that fact, may order that publication be made in such manner as they deem proper of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment. Sec. 13. If the defendant do not appear, the Senate, upon proof of personal service or publication, as provided in the last two preceding sections, may, of their own motion or for cause shown, assign another day for hearing the impeachment, or may then, or at any other time which they may appoint, proceed, in the absence of the defendant, to trial and judgment. Sec. 14. When the defendant appears, he must answer to the articles of impeachment, which he may do either by objecting to the sufficiency of the same or any article thereof, or denying the truth of the same. Sec. 15. If the defendant object to the sufficiency of the impeachment, the objection must be in writing, but need not be in any specified form, it being sufficient if it presents intelligibly the grounds of the objection. If he deny the truth of the impeachment, the denial may be oral, and without oath, and shall be entered upon the journal. Sec. 16. If he plead guilty or refuse to plead, the Senate shall render judgment of conviction against him. If he deny the matter charged, the Senate shall, at such time as they may appoint, proceed to try the impeachment. |
κ1909 Statutes of Nevada, Page 295 (CHAPTER 200)κ
deny the matter charged, the Senate shall, at such time as they may appoint, proceed to try the impeachment. The Chief Justice of the Supreme Court shall preside over the Senate while sitting to try the Governor or Lieutenant-Governor upon impeachment, and on all other cases the President of the Senate. Sec. 17. At the time and place appointed, before the Senate proceed to act on the impeachment, the Secretary shall administer to the President of the Senate or Chief Justice (as the case may be), and the President of the Senate or Chief Justice (as the case may be) to each of the members of the Senate then present, an oath or affirmation, truly and impartially to hear, try, and determine the impeachment. Sec. 18. The judgment may be that the defendant be suspended and removed from office, or that he be removed from office and disqualified to hold and enjoy a particular office, or class of offices, or any office of honor, trust, or profit under the Constitution and laws of this State. Sec. 19. If judgment of suspension be given on the votes of two-thirds of the members elected to each branch of the Legislature, the defendant shall, during the continuance thereof, be disqualified from receiving the salary, fees, or emoluments of the office; and the Judge, District Attorney, or any State officer complained of, shall be served with a copy of the complaint against him, and have an opportunity of being heard in person or by counsel, in his defense; provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal. Sec. 20. When articles of impeachment shall be presented against the President of the Senate, such officer shall be temporarily [suspended] from his office, and shall not act in his official capacity until duly acquitted. Upon such suspension of any State officer whose office is created by the Constitution or laws of this State, the Governor shall immediately take charge of his office, and such office shall at once be temporarily filled by appointment by the Governor until the acquittal of the party impeached, or in case of his removal, then until the vacancy be filled as provided by law. Sec. 21. If any person now holding or who shall hereafter hold any office in this State, who shall refuse or neglect to perform any official act in the manner and form as now prescribed by law, or who shall be guilty of any malpractice or malfeasance in office, may also be removed therefrom as hereinafter prescribed. Sec. 22. Whenever any complaint in writing, duly verified by the oath of any complainant, shall be presented to the District Court, alleging that any officer within the jurisdiction of said Court has been guilty of charging and collecting any illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office as prescribed by law, or has been guilty of any malpractice or malfeasance in office, it shall be the duty of the Court to cite the party charged to appear before him on a certain day, not more than ten nor less than five days from the time when said complaint shall be presented, and on that day, or some subsequent day not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered by the party complained of, and if, on such hearing, it shall appear that the charge or charges of said complaint are sustained, the Court shall enter a decree that said party complained of shall be deprived of his office, and shall enter a judgment for five hundred dollars in favor of the complainant and such costs as are allowed in civil cases. |
Oath to be administered.
What judgment may be.
Suspension from office.
Proviso.
Vacancy by suspension, how filled.
Applies to all officers.
Duties of District Court. |
κ1909 Statutes of Nevada, Page 296 (CHAPTER 200)κ
Copy of decree transmitted.
Vacancies filled.
Accused not to hold office during appeal. |
of the Court to cite the party charged to appear before him on a certain day, not more than ten nor less than five days from the time when said complaint shall be presented, and on that day, or some subsequent day not more than twenty days from that on which said complaint is presented, shall proceed to hear, in a summary manner, the complaint and evidence offered by the party complained of, and if, on such hearing, it shall appear that the charge or charges of said complaint are sustained, the Court shall enter a decree that said party complained of shall be deprived of his office, and shall enter a judgment for five hundred dollars in favor of the complainant and such costs as are allowed in civil cases. Sec. 23. It shall be the duty of the Clerk of the Court in which such proceedings are had to transmit, within three days thereafter, to the Governor of the State, or Board of County Commissioners (as the case may be) of the proper county, a copy of any decree or judgment declaring any officer deprived of any office under this Act; and it shall be the duty of the Governor or such Board of County Commissioners (as the case may be) to appoint some person to fill said office until a successor shall be selected or appointed and qualified; and it shall be the duty of the person so appointed to give such bonds as security as are prescribed by law and pertaining to such office. Sec. 24. In case judgment of the District Court, as herein provided, shall be against the officer complained of, and an appeal taken from the judgment so rendered, the officer so appealing shall not hold the office during the pending of such appeal; but such office shall be filled as in case of a vacancy. |
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Unlawful to supply liquor or drugs to inmates of State institutions. |
Chap. CCI.An Act to prohibit the sale or disposal of opium, morphine and kindred drugs or ardent spirits to any person lawfully confined in the State Prison, county jails or in other public institutions, and other matters relating thereto.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who shall sell, barter, exchange, or in any manner dispose of any opium, morphine, yen shee, cocaine, or any by-product thereof, or any spirituous or malt liquor or beverage to any person lawfully confined in the State Prison or any county or city jail or public institution for the insane, or other public institutions where persons are lawfully confined, shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Prison for a period of not less than one nor more than five years. |
κ1909 Statutes of Nevada, Page 297 (CHAPTER 201)κ
State Prison for a period of not less than one nor more than five years. Sec. 2. This Act shall not apply to any physician prescribing or furnishing any such drug or liquor to any person mentioned in section one hereof, when said drugs are prescribed or furnished for medicinal purposes only. |
Physicians excepted. |
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Chap. CCII.An Act to amend an Act entitled An Act to amend the title of and to amend an Act entitled An Act to incorporate the Town of Reno, and to establish a city government therefor, approved March 16, 1903, approved March 13, 1905.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of article four of said Act is hereby amended to read as follows: Section 1. There shall be a City Clerk, who shall be elected by the qualified electors of the city at each general city election, and he shall hold office for the term of two years and until his successor shall have been duly elected and qualified. No person shall be eligible for said office who shall not be a bona fide resident of the city for a period of at least one year next preceding his election, and who is not a citizen of the State, and of the age of at least twenty-one years and a taxpayer and elector in said city. Sec. 2. Article XIV, Section 11, of said Act is hereby amended so as to read as follows: Section 11. The Municipal Court shall be presided over by a Police Judge, who shall be a citizen of the State, a bona fide resident of the city for a period of at least one year next preceding his election, and he shall be an elector and taxpayer in the city. He shall be elected by the qualified electors of the city at each general city election and shall hold office for the term of two years and until his successor shall have been duly elected and qualified. He shall, before entering upon the discharge of his duties, make and execute to the city a good and sufficient bond in such sum and condition as the Council may prescribe, and the sureties thereon shall be subject to the approval of the Council. |
Amending charter of Reno. City Clerk; qualifications.
Pertaining to Police Judge. |
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κ1909 Statutes of Nevada, Page 298κ
For up-keep of Governors Mansion.
Duties of Controller and Treasurer. |
Chap. CCIII.An Act making an appropriation for the support and maintenance of the Governors Mansion.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of the General Fund in the State Treasury the sum of six thousand dollars for the support and maintenance of the Governors Mansion for the years nineteen hundred and nine and nineteen hundred and ten. Sec. 2. The State Controller is hereby directed to draw warrants, and the State Treasurer to pay the same, for all claims for the support and maintenance of the Governors Mansion which have been first approved by the Governor and the State Board of Examiners. |
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Preamble.
Second Judicial District.
Judge receiving least number of votes to reside at Humboldt county-seat. |
Chap. CCIV.An Act to amend section four of an Act entitled An Act to create Judicial Districts in the State of Nevada, provide for the election of District Judges therein and to fix their residence and salary, and to repeal all other Acts in relation thereto, approved March 17, 1905.
[Approved March 24, 1909.]
Whereas, Section four of said Act provides that one of the District Judges of the Second Judicial District shall reside at the county-seat of Humboldt County; and Whereas, Said Act has no provision as to which one of said Judges shall so reside at said county-seat; and Whereas, Neither of said Judges are now residing at said county-seat as is now provided by law; therefore
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 to read as follows: Section 4. The Second Judicial District shall be entitled to, and shall have two District Judges, one of which shall reside at the county-seat of Washoe County and one of which shall reside at the county-seat of Humboldt County; provided, that the District Judge receiving the least number of votes at the general election shall reside at the county-seat of Humboldt County; and provided further, that if said District Judge shall refuse to live at the county-seat of Humboldt County he shall receive no salary for any services rendered as such District Judge until such time as he shall comply with the provisions of this section. |
κ1909 Statutes of Nevada, Page 299 (CHAPTER 204)κ
The said District Judges shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner; provided, that they shall hold a term of court at the county-seat of Churchill County once every two months. |
Concurrent jurisdiction. |
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Chap. CCV.An Act to provide for the collection, arrangement, and display of the mineral products of the State of Nevada, at the American Mining Congress to be held in Goldfield, Esmeralda County, Nevada, during the month of October, one thousand nine hundred and nine, and making appropriation therefor.
[Approved March 22, 1909.]
Whereas, The American Mining Congress has honored the people of the State of Nevada, by consenting to hold its annual meeting at Goldfield, Esmeralda County, Nevada, in the month of October, one thousand nine hundred and nine; and Whereas, This is the first time the American Mining Congress has held its meeting in the State of Nevada, and this meeting will be the means of bringing thousands of the foremost mining men and mining engineers to our State, and will result in bringing capital to our State to develop our mineral resources that now lie dormant on account of the lack of the financial ability of the owners of said property to work and develop the same; and Whereas, It is of great importance to the agricultural and stock-raising industries in this State, and to all the inhabitants therein, that the mining interests of our State be developed and that the different mineral resources of each county should be fully and creditably displayed to the public at such Mining Congress; therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the citizens of the State of Nevada, together with the mineral resources of our State, shall be exhibitors at the American Mining Congress to be held at Goldfield in October, one thousand nine hundred and nine. Sec. 2. That there is hereby created a Board of Commissioners, to be known as the Mining Congress Commissioners. Such Board shall be composed of three members, who shall be selected by the Governor, as being familiar with the mineral resources of our State, and they shall be citizens of the State of Nevada, and two of them shall be residents of Esmeralda County, Nevada. They shall serve the State without pay, and shall not receive any compensation or traveling expenses for any services performed by them. They shall hold their office from the day of their appointment, until December 31, 1909, unless sooner removed for cause, by the Governor, and in the case of such removal, or their death or inability or refusal to act, their successors shall be appointed by the Governor, and the members of said Board of Commissioners shall give their personal attention to the making of an attractive and creditable exhibition for the State. |
Mining Congress at Goldfield.
State to exhibit.
Mining Congress Commissioners created. |
κ1909 Statutes of Nevada, Page 300 (CHAPTER 205)κ
Transportation of exhibits paid by Commission.
Commissioners to appoint assistants.
Appropriation.
Fund may be drawn on in advance.
Claims, how paid. |
hold their office from the day of their appointment, until December 31, 1909, unless sooner removed for cause, by the Governor, and in the case of such removal, or their death or inability or refusal to act, their successors shall be appointed by the Governor, and the members of said Board of Commissioners shall give their personal attention to the making of an attractive and creditable exhibition for the State. Sec. 3. All counties, districts, or individuals desiring to make a mineral exhibit at such Mining Congress, may do so by having the same delivered in good order for shipment at some railway station designated by the Commissioners, where they shall be received by the Commission and forwarded by them to Goldfield, Nevada. The expense and freight charges from such point to Goldfield and return shall be paid by the Commission out of the fund hereinafter appropriated; provided, that in case any exhibitor shall not desire his exhibit returned the same shall be shipped to and become the property of the University of Nevada for the use and benefit of the Mackay School of Mines. Said Commissioner shall be held responsible for the safe return of all such exhibit to the owner thereof. Sec. 4. The Commissioners hereby appointed are authorized to appoint competent assistants to catalogue, arrange, and collect said mineral products and to provide a suitable, safe and convenient building or storeroom to exhibit said minerals therein, all of which expense, including salaries of assistants, is to be paid out of the money hereinafter appropriated. Sec. 5. To carry out the provisions of this Act, the sum of five thousand dollars, out of the money in the General Fund in the State Treasury, or which may be hereinafter therein, is hereby taken out of said General Fund and made into one known as the Mining Congress Exposition Fund. All expenditures of money from said fund shall be under the direction and control of the said Board of Commissioners herein authorized to be appointed. Sec. 6. Said fund hereby created may be drawn upon by said Board of Commissioners in advance of actual expenditure, when made to appear to be necessary, upon application to, and approval of, the State Board of Examiners of the 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 Mining Congress Exposition Fund, in favor of the Board of Mining Congress Commissioners, and the Treasurer shall pay the same. Sec. 7. All claims against this State for the expenditure of moneys under the provisions of this Act, shall be certified by the Chairman of the Board of Mining Congress Commissioners to the State Board of Examiners, and the latter Board, if it approves, shall certify said claims to the State Controller, who shall thereupon draw his warrant for the amount on the State Treasurer, payable out of the Mining Congress Exposition Fund in favor of the Board of Mining Congress Commissioners, and the Treasurer shall pay the same. |
κ1909 Statutes of Nevada, Page 301 (CHAPTER 205)κ
Controller, who shall thereupon draw his warrant for the amount on the State Treasurer, payable out of the Mining Congress Exposition Fund in favor of the Board of Mining Congress Commissioners, and the Treasurer shall pay the same. Sec. 8. Where any advance is made as in this Act provided for, the State Controller shall charge the amount to the Board of Mining Congress Commissioners aforesaid, and any part of the Mining Congress Exposition Fund created by this Act, not expended as herein provided, shall revert to the General Fund of the State of Nevada. |
Advance payments. |
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Chap. CCVI.An Act authorizing Nye County to fund and refund its existing indebtedness, and to repeal all Acts and parts of Acts in conflict herewith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Nye County, Nevada, by an affirmative vote of a majority of the members thereof, are hereby empowered to fund and refund all existing indebtedness of said county which has existed and accrued up to the first of July, 1909, and said Board of County Commissioners of Nye County, shall they deem the same to be wise and expedient, may issue negotiable bonds of said county therefor in denominations of one thousand dollars each, having not less than ten years and not more than thirty years to run, and bearing interest at the rate of not exceeding six per cent per annum payable semi-annually, which bonds shall be lithographed and consecutively numbered, and shall be substantially in the following form: No. ...... The County of Nye, in the State of Nevada, for value received, promises to pay to ...................., or bearer, at the office of the Treasurer of said county, in ...................., on or before the first day of ...................., 19..... (Thirty years after date, or at any time before that date and after ten years from the date hereof) at the pleasure of the county, the sum of .................... dollars, in United States gold coin, with interest at the rate of ..... per cent per annum, payable at the office of said Treasurer semi-annually on the first days of June and December of each year, on presentation and surrender of the interest coupons hereto attached. This bond is issued by the County Commissioners in conformity to a resolution of said Board, dated the ..... day of ...................., 19....., and under authority conferred upon said Board by the provisions of an Act of the Legislature of Nevada, entitled An Act authorizing Nye County to fund and refund its existing indebtedness, and to repeal all Acts and parts of Acts in conflict herewith, approved ...................., |
Bonds for funding Nye County indebtedness.
Denomination of bonds
Form of bond. |
κ1909 Statutes of Nevada, Page 302 (CHAPTER 206)κ
Interest coupon.
Form of coupon.
Treasurer liable.
Bonds exchanged for outstanding indebtedness. |
ing Nye County to fund and refund its existing indebtedness, and to repeal all Acts and parts of Acts in conflict herewith, approved ...................., 19...... (Insert date of approval of this Act). In testimony whereof the said county, by its Board of County Commissioners, has caused this bond to be signed by the Chairman of the Board, and attested by the County Clerk under the seal of said county and countersigned by the County Auditor this ..... day of ...................., 19...... ...................., Chairman of the Board of County Commissioners. Countersigned: ...................., County Auditor. ...................., County Clerk. The semi-annual interest upon said bonds shall be represented and promised according to the coupons attached to said bonds providing for the semi-annual payment of said interest on the same and shall be in the following form: The Treasurer of Nye County, Nevada, will pay to the holder hereof on the ..... day of ...................., 19....., at his office in ...................., the sum of .................... dollars, United States gold coin, for interest to that day on county bond No. ...... ...................., Chairman of the Board of County Commissioners. Countersigned: ...................., County Auditor. ...................., County Clerk. Sec. 2. Whatever bonds issued under this section shall be duly executed, numbered consecutively and sealed they shall be delivered to the County Treasurer and his receipt taken therefor, and he shall stand charged on his official bond with all bonds delivered to him and with the proceeds thereof. The County Treasurer under the direction of the Board of County Commissioners may exchange any of said bonds for the satisfaction of the indebtedness already existing and outstanding on the date when this Act becomes a law in compliance with the terms and conditions of this Act, or he shall, when directed by the Board of County Commissioners, sell any portion of said bonds for money at not less than the par value thereof, the proceeds of such sale or sales to be applied exclusively to the payment, satisfaction, and discharge of the indebtedness of Nye County which has accrued up to the time specified in this Act. Sec. 3. Any holder or holders of any valid and existing indebtedness of Nye County, which is outstanding on the date when this Act becomes a law, who is willing to exchange such evidence of indebtedness for the bonds herein prescribed to be issued, may receive such bonds in exchange for the liquidation of such indebtedness in an equal amount, and the Board of County Commissioners, upon the surrender of such valid evidence of indebtedness to the County Treasurer, may authorize the County Treasurer to issue and deliver to such holder or holders of such evidence of indebtedness bonds herein authorized to be issued to an equal amount of such valid evidence of indebtedness, and when received by the County Treasurer shall be marked paid and canceled and shall be safely kept and preserved by him, and shall be at all times open to the inspection of the public. |
κ1909 Statutes of Nevada, Page 303 (CHAPTER 206)κ
herein authorized to be issued to an equal amount of such valid evidence of indebtedness, and when received by the County Treasurer shall be marked paid and canceled and shall be safely kept and preserved by him, and shall be at all times open to the inspection of the public. The County Treasurer shall also report under oath to the Board of County Commissioners semi-annually a statement of all bonds issued and delivered under authority of this Act, if any, which are sold or exchanged by him since the preceding report and the date of such sale or exchange, and when exchanged, a list or description of the evidences of county indebtedness exchanged therefor and the amount of money from principal and other sources, including accrued interest, received by him on such sale or exchange, which latter sum shall be charged to him as money received by him on bond fund, and so entered by him on his books; but such bonds shall not be sold or exchanged for any indebtedness of the county, except by the approval of the Board of County Commissioners of said Nye County. The Board of County Commissioners shall cause to be assessed and levied each year upon the taxable property of the county in addition to the levy authorized for other purposes, a sufficient tax to pay the interest on outstanding bonds issued in conformity to the provisions of this Act, accruing before the next annual levy, and sufficient to pay at least one-twentieth of the bonds then unpaid. In addition to all taxes for other purposes and the moneys arising from such assessments and levies shall be known as the Bond Fund and shall be used only for the payment of bonds and interest; provided, however, that this bond fund may be used for the purpose of buying United States bonds, State and county bonds and municipal bonds, in so far as such funds are not necessary for the redemption of the said bonds herein provided for and for no other purpose whatsoever, and the County Treasurer shall open and keep in his books a special and separate account thereof which shall at all times show the exact condition of said bond fund. Sec. 4. Whenever after ten years after the date of said bonds the amount in the hands of the County Treasurer belonging to the Bond Fund after setting aside the sum required to pay the interest maturing before the next levy is sufficient to redeem five or more of said bonds, the County Treasurer shall notify the County Auditor and the presiding officer of the Board of County Commissioners of such fact, and thereupon the said three officers shall draw by lot from the full list of all the then outstanding bonds issued hereunder, the numbers and amounts of sufficient of said outstanding bonds issued hereunder, the numbers and amounts of sufficient of said outstanding bonds to absorb the money in the Bond Fund available for and applicable to payment upon the principal of said bonds, but not exceeding in number one-twentieth of the total number of bonds issued under this Act, and thereupon the County Treasurer shall give notice, by publication in a newspaper of general circulation in the said County of Nye, addressed to the holders of bonds of Nye County, Nevada, and stating the number of bonds so drawn and stating briefly that the bonds bearing the numbers so drawn, and all interest thereon to the date of the next interest payment, stating said date, will be paid in full by the County Treasurer at his office in Nye County upon presentation of said bonds and all unpaid coupons pertaining thereto, which notice shall be so printed and published in said newspaper for eight successive publications, the last of which shall not be less than sixty days prior to the date fixed for the payment of such bonds. |
Treasurer to report semi-annually.
Tax levy.
Bond Fund.
Redemption of bonds. |
κ1909 Statutes of Nevada, Page 304 (CHAPTER 206)κ
Notice to be advertised.
Interest ceases, when.
Date of bonds.
Repeal. |
of the total number of bonds issued under this Act, and thereupon the County Treasurer shall give notice, by publication in a newspaper of general circulation in the said County of Nye, addressed to the holders of bonds of Nye County, Nevada, and stating the number of bonds so drawn and stating briefly that the bonds bearing the numbers so drawn, and all interest thereon to the date of the next interest payment, stating said date, will be paid in full by the County Treasurer at his office in Nye County upon presentation of said bonds and all unpaid coupons pertaining thereto, which notice shall be so printed and published in said newspaper for eight successive publications, the last of which shall not be less than sixty days prior to the date fixed for the payment of such bonds. On and after the date fixed in said notice the interest on said several bonds bearing the numbers so drawn and specified in said advertisement shall cease and the amount of money to pay, satisfy and discharge the same, with interest to said date, shall be set aside from all moneys in the hands of the County Treasurer to be held for the payment of said bonds and interest when the same shall be presented. If said bonds are not so presented, the interest thereon shall nevertheless cease. Upon presentation of said bonds and all unpaid coupons pertaining thereto the County Treasurer shall mark the same paid and canceled and thereupon make a complete record in his office of the transactions and shall also furnish the County Auditor and County Commissioners with a full and detailed report of the transactions, including a list of the bonds and coupons by him paid and canceled. All redemptions and payments of bonds so drawn for payment shall be made in the order of the said several advertising calls, and out of the funds so set apart by said County Treasurer for such person. Sec. 5. Bonds to be issued thereunder may be dated on the ..... day of ...................., 19....., and settlements and exchanges of all existing valid evidences of indebtedness may be made and computed as of said date or upon any semi-annual interest date thereafter occurring. Sec. 6. All Acts and parts of Acts in conflict herewith are hereby repealed. |
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κ1909 Statutes of Nevada, Page 305κ
Chap. CCVII.An Act requiring the State Engineer to make a survey of the State Capitol Building and State Printing Office to ascertain the necessity and extent of decorating, painting or other repairs, required to be done, inside and outside, on the State Capitol Building and State Printing Office, and to make specifications for the doing of said repairs, and to supervise the same, and requiring the State Board of Capitol Commissioners to cause said work to be done pursuant to said specifications by the lowest and best bidder therefor, appropriating certain moneys for carrying out the provisions of this Act, and other matters relating thereto.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Engineer shall make a survey of the State Capitol Building and State Printing Office, inside and outside, and ascertain the necessity and extent of decorating, painting, and other repairs required to be done on the State Capitol Building and State Printing Office, and he shall draw suitable and proper specifications thereof, and file the same with the State Board of Capitol Commissioners, whose duty it shall thereupon become and be, under the supervision and subject to the approval of the State Engineer, to cause said repairs to be done as specified in said specifications by the lowest and best bidder therefor, upon a contract let only to the lowest and best bidder therefor after notice of time and place of receipt of bids for the doing of said repairs has been given for a period of not less than thirty days in a newspaper of general circulation published within this State. The successful bidder for doing said repairs must deliver to the State of Nevada through said Board a bond with sufficient surety to be approved by, and in a penal sum named by, said Board, conditioned for the faithful performance of his contract according to said specifications. Sec. 2. The sum of seven thousand five hundred (7,500) dollars is hereby appropriated out of any moneys in the State Treasury, not otherwise specifically appropriated, for the purposes of this Act, payable on the order of said Board and warrants drawn in pursuance therefor by the State Controller. Sec. 3. This Act shall take effect immediately. |
State Engineer to survey Capitol and Printing Office buildings for purpose of repairs, etc.
Appropriation.
In effect. |
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κ1909 Statutes of Nevada, Page 306κ
Unlawful to pollute any stream.
Provisos.
Exceptions. |
Chap. CCVIII.An Act to amend an Act entitled An Act to prevent pollution or contamination of the waters of the lakes, rivers, streams and ditches in the State of Nevada, prescribing penalties, and making an appropriation to carry out the provisions of this Act, approved March 20, 1903, approved March 12, 1907.
[Approved March 24, 1909.]
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. Any person or persons, firm, company, corporation or association in this State, or the managing agent of any person or persons, firm, company, corporation or association in this State, or any duly elected, appointed or lawfully created State officer of this State, or any duly elected appointed or lawfully created officer of any county, city, town, municipality, or municipal government in this State, who shall deposit, or who shall permit or allow any person or persons in their employ or under their control, management or direction to deposit in any of the waters of the lakes, rivers, streams and ditches in this State any sawdust, rubbish, filth, or poisonous or deleterious substance or substances liable to affect the health of persons, fish or live stock, or place or deposit any such deleterious substance or substances in any place where the same may be washed or infiltered into any of the waters herein named shall be guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not less than sixty dollars, nor more than five hundred dollars, exclusive of court costs; provided, that in cases of State institutions, municipalities, towns, incorporated towns or cities when, owing to the magnitude of the work, immediate correction of the evil is impracticable, then in such cases the authorities shall adopt all new work and as rapidly as possible reconstruct the old systems of drainage sewerage so as to conform with the provisions of this Act; and provided, further, that all such new and reconstructed systems shall be completed before March 20, 1913; provided, that nothing in this Act shall be so construed as to prevent mining or milling companies to dump tailings directly into any stream in this State so as to prevent or impede the natural flow of such stream. Nothing in this Act shall be so construed as to apply to any quartz mill or ore reduction works in this State. |
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κ1909 Statutes of Nevada, Page 307κ
Chap. CCIX.An Act reapportioning Senators and Assemblymen of the several counties to the Legislature of the State of Nevada.
[Approved March 24, 1909.]
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 two Assemblymen; Clark County, one Senator and two Assemblymen; Douglas County, one Senator and two Assemblymen; Elko County, two Senators and four Assemblymen; Esmeralda County, two Senators and seven Assemblymen; Eureka County, one Senator and two Assemblymen; Humboldt County, two Senators and five Assemblymen; Lander County, one Senator and two Assemblymen; Lincoln County, one Senator and two Assemblymen; Lyon County, one Senator and three Assemblymen; Nye County, two Senators and seven 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, two Senators and three Assemblymen. Sec. 2. Nothing in this Act shall be so construed as to affect the term of office of Senators and Assemblymen now in office. Sec. 3. All Acts and parts of Acts in conflict with this Act are hereby repealed. [Note.-The foregoing bill provides for a Legislature of seventy-six members, while the Constitution (Article XV, Section 6) limits the number to seventy-five.] |
Reapportionment of Senators and Assemblymen.
Not to affect present term. Repeal. |
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Chap. CCX.An Act prohibiting gambling, providing for the destruction of gambling property and other matters relating thereto.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person to deal, play or carry on, open or conduct in any capacity whatever, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, tan, fan-tan, stud-horse poker, seven-and-a-half, twenty-one, hokey-pokey, craps, klondyke, poker, whist, bridge whist, five hundred, solo, frog, or any other card game, or any banking or percentage game played with cards, dice, or any device, for money, property, checks, credit or any representative of value; or any gambling game in which any person keeping, conducting, managing or permitting the same to be carried on receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the said game to be carried on; or to play, maintain or keep any slot machine played for money or for checks or tokens redeemable in money; or to buy, sell or deal in pools or make books on horse races; and any person who violates any of the provisions of this section shall be guilty of a felony and upon conviction thereof shall be imprisoned in the State Prison for a period of not less than one year or more than five years. |
Prohibiting any and all descriptions of gambling with cards, devices, etc. |
κ1909 Statutes of Nevada, Page 308 (CHAPTER 210)κ
Penalty.
Punishment for permitting games to run.
Possession of devices for gambling punished.
Peace officers to seize gambling devices
Destruction of same, when. Officers may break doors. |
carried on receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the said game to be carried on; or to play, maintain or keep any slot machine played for money or for checks or tokens redeemable in money; or to buy, sell or deal in pools or make books on horse races; and any person who violates any of the provisions of this section shall be guilty of a felony and upon conviction thereof shall be imprisoned in the State Prison for a period of not less than one year or more than five years. Sec. 2. Every person who knowingly permits any of the games or slot machines mentioned in the preceding section to be played, conducted, dealt, or maintained in any house, building or part thereof owned or rented by such person, shall be punished as provided in the preceding section, and every day of the violation of any of the provisions of this Act shall be deemed a separate offense. Sec. 3. If any person shall keep, exhibit, or have in his possession, any cards, tables, checks, wheels, slot machines or gambling devices of any nature used or kept for the purpose of playing any of the games mentioned in Section 1 of this Act, or shall aid, assist or permit others to do the same, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than one month nor more than six months, or by both such fine and imprisonment. Sec. 4. It shall be the duty of all Sheriffs, Constables, police and other peace officers whenever it shall come to the knowledge of such officer that any person has in his possession any cards, tables, checks, balls, wheels, slot machines or gambling devices of any nature or kind used or kept for the purpose of playing at any of the games mentioned in Section 1 of this Act, or that any cards, tables, checks, balls, wheels, slot machines or gambling devices used or kept for the purposes aforesaid may be found in any place, to seize and take such cards, tables, checks, balls, wheels, slot machines or other gambling devices, and convey the same before a magistrate of the county in which said devices shall be found; and it shall be the duty of such judge to inquire of such witnesses as he shall summon or as may appear before him in that behalf, touching the nature of such gambling devices, and if such judge shall determine that the same are used or kept for the purpose of being used at any game or games of chance described in Section 1 of this Act, it shall be his duty to destroy the same. It shall be lawful for officers in executing the duties imposed upon them by this section to break open doors for the purpose of obtaining possession of any such gambling devices; and all persons having such possession of any of the articles aforesaid, shall be conveyed before a magistrate of such county and held or committed for appearance to answer any complaint which may be preferred against them for violation of any of the provisions of this Act. |
κ1909 Statutes of Nevada, Page 309 (CHAPTER 210)κ
to answer any complaint which may be preferred against them for violation of any of the provisions of this Act. Sec. 5. No person, otherwise competent as a witness, shall be exempt from testifying as such concerning offenses of gambling, as set forth in this Act, on the ground that such testimony may criminate himself; but no prosecution can afterwards be had against him for any offense concerning which he testified. Sec. 6. The term person, where used in this Act shall include all individuals, firms, partnerships, associations and corporations. Sec. 7. This Act shall be in effect from and after the first day of October, 1910. |
Testimony not to incriminate witnesses.
Definition.
In effect October 1, 1910. |
________
Chap. CCXI.An Act for the relief of J. S. Orr and J. P. OBrien for legal expenses incurred while acting as District Judges of the State of Nevada.
[Approved March 24, 1909.]
Whereas, During the month of November, 1908, J. S. Orr was the duly elected, qualified and acting District Judge of the Second Judicial District of the State of Nevada, and while engaged in the legal discharge of his duties as such judicial officer did incur certain expenses during the said month of November, 1908, but owing to inadvertence he failed to present his claim while money was appropriated for such purposes; and Whereas, During the months of October and November, 1908, J. P. OBrien was duly appointed, qualified and acting District Judge of the Fifth Judicial District of the State of Nevada, and while engaged in the legal discharge of his duties as such judicial officer did incur certain expenses during the said months of October and November, 1908, but owing to inadvertence he failed to present his claim while money was appropriated for such purposes; and Whereas, The amount of expenses so incurred by said J. S. Orr was the sum of ninety-six dollars, and the amount of expenses so incurred by J. P. OBrien was the sum of thirteen dollars and forty cents; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of ninety-six dollars is hereby appropriated, out of any money in the General Fund of the State not otherwise appropriated, for the relief of J. S. Orr, and the sum of thirteen dollars and forty cents is hereby appropriated, out of the General Fund of the State not otherwise appropriated, for the relief of J. P. OBrien. Sec. 2. The State Controller is hereby directed to draw his warrants in favor of J. |
District Judges reimbursed for traveling expenses.
Appropriation. |
κ1909 Statutes of Nevada, Page 310 (CHAPTER 211)κ
Duties of Controller and Treasurer. |
his warrants in favor of J. S. Orr and J. P. OBrien for the amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
________
Fees for recording proof of labor on mining claims.
Repeal. |
Chap. CCXII.An Act fixing and regulating the fees to be charged by County Recorders and District Mining Recorders for recording certificates of proof of labor on mining claims.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage and approval of this Act the County Recorders and District Mining Recorders of this State shall charge the following fees for recording certificates of proof of labor on mining claims: One dollar for recording any such certificate that embraces therein one claim, and an additional fee of twenty-five cents for each and every additional mining claim embraced in said certificate; and provided further, that if any such certificate shall contain more than one hundred words an additional fee of thirty cents shall be charged for each one hundred words or fractional part thereof in excess of said first one hundred words. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
________
Relief of Carson Valley Bank.
Same. |
Chap. CCXIII.An Act for the relief of the Carson Valley Bank for money loaned to State Board of Examiners and the State Board of Capitol Commissioners.
[Approved March 24, 1909.]
Whereas, The amount appropriated for such purpose having become exhausted it became necessary on the fifth day of June, 1908, for the Board of Examiners of this State, to purchase stamps for State officers, and for such purpose the said Board borrowed from the Carson Valley Bank the sum of five hundred dollars, and the members of said Board did thereupon give their individual notes for the payment of said money so borrowed; and Whereas, On the second day of July, 1908, the appropriation for such purpose having become exhausted, it became necessary for the Board of Capitol Commissioners to purchase stamps for State officers and to pay the Western Union Telegraph Company for various telegraphic services on behalf of State Officers, and for such purposes said Board of Capitol Commissioners borrowed from the Carson Valley Bank the sum of one thousand dollars, and the members of said Board did thereupon give their individual notes for the payment of said money so borrowed; now, therefore,
|
κ1909 Statutes of Nevada, Page 311 (CHAPTER 213)κ
did thereupon give their individual notes for the payment of said money so borrowed; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand five hundred dollars is hereby appropriated, out of any money in the General Fund of the State not otherwise appropriated, for the relief of the Carson Valley Bank, upon its presentation of a claim duly approved by the Board of Examiners, and upon the surrender of the promissory notes in the preamble herein mentioned. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of the Carson Valley Bank for the amount specified in this Act, and the State Treasurer is hereby directed to pay the same. |
Appropriation.
Duties of Controller and Treasurer. |
________
Chap. CCXIV.An Act to regulate the salary of the Constable of Carlin Township, County of Elko, State of Nevada.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first day of April, A. D. 1909, the Board of County Commissioners of Elko County are hereby empowered and directed to appropriate from the treasury of said county and to pay to the regularly elected or appointed Constable of Carlin Township of said county, the sum of one hundred and twenty-five ($125) dollars monthly as a salary, along with his actual traveling expenses to and from the county-seat when on official business, and not otherwise; provided, that said Constable shall be allowed to retain all fees in civil cases as now provided by law, and in criminal cases performed outside of said county, he shall be allowed his necessary expenses, but in no event shall said Constable charge or collect any fees for services by him rendered in the State of Nevada, or to Elko County. Sec. 2. The regularly elected or appointed Constable shall pay into the county treasury each month all moneys collected by him as fees, save as herein above provided. It is further provided that no salary shall be allowed to said Constable until after he shall have filed with the Clerk of said Board of County Commissioners a sworn statement in writing of all fees collected by him in criminal cases during the month for which said salary is asked. |
Salary of certain Constables, Elko County.
To pay certain fees to county. |
________
κ1909 Statutes of Nevada, Page 312κ
Relief of W. L. Cox.
Duties of Controller and Treasurer. |
Chap. CCXV.An Act for the relief of W. L. Cox for services rendered the State of Nevada under instructions from the Governor.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated the sum of eleven hundred and seventy dollars to pay Captain W. L. Cox for per diem allowance of ten dollars per day and expenses incurred while acting under instructions from the late Governor John Sparks as a member of his staff, during the month of December, nineteen hundred and seven. Sec. 2. The State Controller is hereby directed to draw his warrant for the amount named in Section 1 of this Act, and the State Treasurer is hereby directed to pay the same. |
________
Appropriation for relief of M. H. Miller, Southern Pacific Company, and D. T. Smith.
Duties of Controller and Treasurer. |
Chap. CCXVI.An Act making appropriations for the relief of M. H. Miller, Southern Pacific Company, and D. T. Smith.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand and fifteen and thirty-two one-hundredths dollars is hereby appropriated out of the General Fund in the State Treasury to pay the following claims, when approved by the State Board of Examiners: M. H. Miller, traveling and other expenses while acting as State Bank Examiner, three hundred and thirty-four dollars and seventy-five cents; Southern Pacific Company, two carloads of coal, five hundred and fifty dollars and fifty-seven cents; D. T. Smith, salary as Principal of the Virginia City Mining School for December, 1908, one hundred and thirty dollars. Sec. 2. The State Controller is hereby directed to draw warrants for the claims named in section one of this Act, and the State Treasurer is directed to pay the same. |
________
κ1909 Statutes of Nevada, Page 313κ
Chap. CCXVII.An Act requiring that certain officers performing legal functions shall possess legal qualifications.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No person shall be eligible to the office of Justice of the Supreme Court, District Judge, or District Attorney unless he shall be a bona fide resident of the State of Nevada and an attorney duly licensed and admitted to practice law in all the courts of this State. |
Certain officers must be licensed attorneys. |
________
Chap. CCXVIII.An Act requiring all nursery stock shipped into the State of Nevada to have an official certificate of inspection attached, and prescribing the penalty for any common carrier receiving or delivering any uncertified nursery stock.
[Approved March 25, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All nursery stock shipped from other States to points within the State of Nevada, whether fruit trees, ornamental trees, shrubs, vines, cuttings, or other nursery stock of any description whatever shall bear on the outside of each car, crate, bale, bundle or package a label giving the names of the consignor and consignee, together with a copy of an inspection certificate of recent date. Such certificate of inspection must certify that said stock has been inspected and found free from insect pests or plant diseases of any kind. It must bear the signature of the State Entomologist or Plant Pathologist or other duly qualified person in authority in the State in which said nursery stock was grown. Sec. 2. No corporation, company, or individual engaged in the transportation of freight or express shall make delivery of any nursery stock lacking such official certificate of inspection to the consignee or his agent within the State of Nevada; and any agent of any such corporation, company, or individual who does make delivery of any uncertified nursery stock shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars or by imprisonment in the county jail for not less than five nor more than thirty days or by both such fine and imprisonment at the discretion of the Court, and any such fines collected under the provisions of this Act shall be paid over to the State Treasurer. |
Nursery stock must bear certificate of inspection.
Transportation companies held liable.
Penalties. |
________
κ1909 Statutes of Nevada, Page 314κ
Honorable war veterans to have free licenses as peddlers or auctioneers.
Sheriff to issue license free of cost.
In effect. |
Chap. CCXIX.An Act to provide for the issuance of license to honorably discharged soldiers, sailors and marines of the military and naval service of the United States in the late War of Rebellion who desire to carry on the business of peddler or auctioneer.
[Approved March 25, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every honorably discharged soldier, sailor or marine of the military or naval service of the United States, who is a resident of this State and a veteran of the late Rebellion, shall have the right to peddle, hawk, vend and sell his own goods, and to engage in the business of auctioneering, without paying for the license as now provided by law by those who engage in such business, but any such soldier, sailor or marine may engage in such business by procuring a license for the purpose as provided in the next section of the Act. Sec. 2. On presentation to the Sheriff of any county in which such soldier, sailor or marine may reside, of a certificate of honorable discharge from the army or naval service of the United States, in the war of the late Rebellion, such Sheriff shall issue without cost to such soldier, sailor or marine, a license authorizing him to carry on the business of peddler or auctioneer. Sec. 3. This Act shall take effect from and after its passage and approval. |
________
Compilation of Nevada Supreme Court Reports.
Pay of compiler. |
Chap. CCXX.An Act to provide for compiling and reporting the decisions of the Supreme Court of the State of Nevada.
[Approved March 26, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever there are decisions rendered by the Supreme Court of the State of Nevada which will make a volume of not less than five hundred pages it shall be the duty of the Justices of the Supreme Court to engage some competent attorney to compile and report said decisions, making also a synopsis of the various points decided in said decisions, and to have them properly printed, indexed and bound, as now provided by law for the Nevada Reports, and the laws as passed by the Nevada Legislature. Sec. 2. The person so employed to compile and report said decisions shall receive for his services in so preparing and compiling said report, the sum of seven hundred dollars for each volume so prepared. |
κ1909 Statutes of Nevada, Page 315 (CHAPTER 220)κ
Sec. 3. To provide against any deficiency in the number of said reports, the Superintendent of State Printing shall cause to be printed, in addition to the six hundred copies of said decisions now directed by law to be transferred to the Secretary of State for distribution, five hundred extra copies of each report of the decisions of the Supreme Court hereafter published, and store the same unbound subject to the order of the Secretary of State. Sec. 4. Section 3 of this Act shall take effect immediately, and the other sections of this Act shall take effect and be in force on and after the first Monday in January, 1911. Sec. 5. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
Extra sheets to be printed.
When in effect.
Repeal |
________
Chap. CCXXI.An Act to facilitate the giving of bonds and undertakings in certain cases and prescribing conditions upon which surety companies may become liable thereon in this State; fixing penalties for the violation thereof, repealing conflicting Acts, and other matters relating thereto.
[Approved March 26, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact 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, and which has complied with the provisions of this Act, may be accepted as sole surety upon the bond or undertaking of any person or corporation in any civil or criminal action or proceeding in any court of this State, or upon the bond of any State, county or township officer required by the laws of this State to execute a bond or undertaking, for any amount not exceeding ten per centum of the capital and surplus (after excluding all debts, liabilities and property exempt from execution) of such surety company; and such surety company may be released from its liabilities 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 rights and liabilities of private persons. Sec. 2. No surety company shall directly or indirectly take risks or transact business in this State until it shall first have appointed the State Controller of this State to be the true and lawful attorney of such corporation, and in for this State, upon whom all lawful process may be served with the same effect as if the company existed in this State; such power of attorney shall stipulate and agree on the part of the company that any lawful process against the company, which is served on such 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 shall remain outstanding in this State. |
Surety companies may go on bonds of public officers or bonds in court proceedings.
Company must appoint State Controller its attorney. |
κ1909 Statutes of Nevada, Page 316 (CHAPTER 221)κ
Same.
Company must make certain deposits with Secretary of State. |
on such 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 shall remain outstanding in this State. A certificate of such appointment shall be filed in the office of the Secretary of State, and copies thereof certified by him shall be received in evidence in all the courts of this State. Service of process in actions and proceedings on such attorney shall be deemed service upon the principal, but such principal shall be allowed forty days thereafter within which to appear and plead in all such actions and proceedings. Whenever any 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 registered mail, post-paid, to the secretary of the company. For each copy of the process so served the Controller shall collect and pay over to the Secretary of State the sum of three dollars, which shall be paid by the plaintiff at the time of service, and which may be recovered by him as a part of the taxable costs if he prevail in the action; nor shall any surety company not incorporated under the laws of this State and not heretofore qualified to do business in this State pursuant to existing laws, directly or indirectly take risks or transact business in this State, unless it shall file with the Secretary of State a certified copy of its articles of incorporation, or its charter, or of the statute, or legislative, executive, or governmental Act or other instrument or authority by which it was created, and pay the fees therefor, as otherwise required by law. Sec. 3. No corporation or association shall be qualified to do business as a surety company in this State, or be accepted as a surety on any bond or undertaking required by any law of this State unless such corporation or association shall, in addition to complying with all other requirements of this Act, keep and maintain on deposit with the Secretary of State negotiable bonds of the United States, or of any State of the United States, or of this State, or of any county, municipality or school district of this State, the face value of which shall amount to at least five per centum of the total amount for which such company is liable in this State by virtue of all surety bond or undertaking required by any law of this State, or given in civil or criminal action or proceedings in any courts of this State, or otherwise incurred or assumed by such company upon any contract of indemnity upon which it is liable in this State. Upon depositing such bonds with the Secretary of State, as aforesaid, together with an affidavit to the effect that the bonds so deposited equal or exceed five per centum of the total liabilities of such company upon bonds and undertakings required by the laws of this State, and given by such company in civil and criminal actions and proceedings in any court in this State, and otherwise assumed in contracts of indemnity upon which it is liable in this State, which affidavit shall be subscribed and sworn to before some officer authorized by the laws of this State to administer oaths by the duly authorized agent of such company, the Secretary of State shall, if all other provisions of this Act have been complied with, issue the certificate mentioned in Section 4 hereof; provided, that any such company may, at its option, deposit with the Secretary of State, in lieu of bonds, current money of the United States to the amount of five per centum of its liabilities, as aforesaid, in which case the affidavit herein required shall so state. |
κ1909 Statutes of Nevada, Page 317 (CHAPTER 221)κ
authorized by the laws of this State to administer oaths by the duly authorized agent of such company, the Secretary of State shall, if all other provisions of this Act have been complied with, issue the certificate mentioned in Section 4 hereof; provided, that any such company may, at its option, deposit with the Secretary of State, in lieu of bonds, current money of the United States to the amount of five per centum of its liabilities, as aforesaid, in which case the affidavit herein required shall so state. Whenever any such company ceases to do business in this State and is no longer liable upon any bond or undertaking mentioned in this section, or has reduced its liability, so that the money or bonds on deposit with the Secretary of State exceeds five per centum of such liability, and such fact is made to appear to the satisfaction of the Secretary of State by the affidavit of the resident agent of such corporation or association and the president, secretary or other executive officer thereof, the bonds or money so deposited by such company may be withdrawn, if no liability exist, or the amount thereof reduced by withdrawing all in excess of the five per centum of the remaining liability, as the case may be. Any person who shall subscribe to any affidavit required by this section, which shall contain any false statement of fact, shall be deemed guilty of perjury and shall be punished as otherwise provided by law. Sec. 4. Any surety company qualified by this Act to transact business in this State may, at any time, apply to the Secretary of State, and, upon the payment of a fee of two dollars therefor, obtain a certificate which shall state the name of such company, the State under which it is incorporated or exists, and that such company has fully qualified under the provisions hereof to assume risks and become surety on all bonds and undertakings mentioned in section one hereof, stating also the date such company qualified as aforesaid; provided, that from and after six months from the date of issuance, said certificate shall be and become null and void and of no effect. Sec. 5. The certificate or any duplicate certificate issued by the Secretary of State in accordance with the provisions of this Act shall be prima facie evidence in all the courts of this State of all matters herein stated; provided, such certificate be not more than six months issued. Any printed copy of a circular issued by the Treasury Department of the United States known as form No. 356, stating the amount of the capital and surplus of any such surety company, and not more than six months old as appears from the date of issuance thereof, shall be prima facie evidence of the amount of such capital and surplus and of the amount to which such company is entitled to be received as sole surety on any bond in this State, and shall, if accompanied with the certificate of the Secretary of State herein mentioned, be a complete justification for any amount not exceeding ten per centum of such capital and surplus, whenever any such company shall be required to justify on any bond or undertaking; provided, that the party requiring such justification may produce competent evidence to show that such surety company is not worth such sum over and above all its just debts and liabilities exclusive of property exempt from execution; provided, further, that bonds and undertakings on which such company may have become surety shall not be considered as debts or liabilities unless the obligation thereon shall have accrued and the obligee shall have demanded payment from such company. |
May deposit money, when.
Certificate from Secretary of State.
Proviso.
Certificate, in date, to be evidence.
Treasury Department circular to be evidence. |
κ1909 Statutes of Nevada, Page 318 (CHAPTER 221)κ
Provisos.
Officers to accept such surety.
Proviso.
Company estopped, when.
Certificate of Secretary of State necessary.
Deposit subject to levy and sale.
Repeal. In effect. |
capital and surplus, whenever any such company shall be required to justify on any bond or undertaking; provided, that the party requiring such justification may produce competent evidence to show that such surety company is not worth such sum over and above all its just debts and liabilities exclusive of property exempt from execution; provided, further, that bonds and undertakings on which such company may have become surety shall not be considered as debts or liabilities unless the obligation thereon shall have accrued and the obligee shall have demanded payment from such company. Sec. 6. Any court or officer whose duty it is to pass upon or approve the account or cost bill of any person or corporation required by law to give a bond or undertaking in any action or proceeding in any court, may, whenever such person or corporation has given any duly qualified surety company as surety on such bond or undertaking, allow in the settlement of such account or cost bill a reasonable amount for the expense of procuring such surety; provided, that this section shall not apply to any State, county or municipal officer required by law to give a bond, except as may be otherwise authorized by law. Sec. 7. Any company executing any bond or undertaking as surety thereon under the provisions hereof shall, in proceedings to enforce any liability which it may have assumed, be estopped from denying its corporate power to execute such instrument or to assume such liability. Sec. 8. No court or officer having authority so to do shall approve any surety bond or undertaking given by any surety thereon, unless the person offering the same or some one in his behalf shall exhibit the certificate of the Secretary of State showing that such company has duly qualified under this Act to become such surety, which certificate shall have been issued within the six months immediately preceding such application. Sec. 9. All moneys and bonds herein required to be deposited by any surety company as a condition precedent to doing business in this State shall be subject to levy and sale on execution as otherwise provided by law. Sec. 10. All Acts or parts in conflict herewith are hereby repealed. Sec. 11. This Act shall be in effect on and after July first, 1909. |
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κ1909 Statutes of Nevada, Page 319κ
Chap. CCXXII.An Act to enable actions concerning the title to real property situate in this State to be brought and maintained against unknown heirs of deceased persons by describing them as such, and providing for the service of summons in said actions by publication with like effect as if the names of such heirs were inserted in the summons.
[Approved March 25, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In any action in any court of record in this State in which the title to real property situate in this State is involved and in which the heir or heirs, or any thereof, of a deceased person may be necessary or proper party or parties defendant and the name or names and place or places of residence of which heir or heirs are unknown to the plaintiff or plaintiffs, such heir or heirs may be made a party or parties defendant by being described in the complaint and summons as the unknown heir or heirs of such deceased person, giving the name and last place of residence of such deceased person, with any further description that may be necessary to reasonably identify him. Sec. 2. In any such action the plaintiff, or plaintiffs, shall allege in the complaint, and prove at the trial, that diligent search and inquiry have been made by or in behalf of the plaintiff, or plaintiffs, to ascertain the name, or names, and place, or places, of residence of such heir, or heirs, without success, and that the same are and remain unknown to the plaintiff, or plaintiffs. Sec. 3. When it appears to the satisfaction of the court or the Judge thereof from the verified complaint or from an affidavit in behalf of the plaintiff or plaintiffs in any such action that any such heir or heirs is or are necessary or proper party or parties defendant, that a cause of action in favor of the plaintiff or plaintiffs exists against him or them, and that due diligence to ascertain the name or names and the place or places of residence of such heir or heirs has been unsuccessfully exercised by, or in behalf of the plaintiff or plaintiffs, the court or Judge may grant an order for the service of the summons in such action on such unknown heir or heirs by publication in like manner and for the period of time prescribed by the laws of the State of Nevada for the publication of summons in other actions; and such service when made shall as to such unknown heir or heirs be sufficient to confer on the court jurisdiction to hear and determine the issues in such action, and the judgment of the court based on such service and duly made and entered in such action shall bind each and every one of the heirs of such deceased person whose name or names and place or places of residence were so as aforesaid unknown to the plaintiff or plaintiffs with like effect as if the name or names of such heir or heirs had been inserted in the complaint and published summons, regardless of whether such heir or heirs shall subsequently appear to have been residents or non-residents of the State of Nevada at the time of such publication. |
How unknown heirs may be made parties defendant.
Mode of procedure.
Court may grant order for publication, when. |
κ1909 Statutes of Nevada, Page 320 (CHAPTER 222)κ
Plaintiff shall make affidavit, when.
In effect. |
as if the name or names of such heir or heirs had been inserted in the complaint and published summons, regardless of whether such heir or heirs shall subsequently appear to have been residents or non-residents of the State of Nevada at the time of such publication. Sec. 4. Before final judgment in favor of the plaintiff or plaintiffs and against any such unknown heir or heirs shall be entered in any such action every such plaintiff shall make and file with the Clerk of the Court in which said action is pending an affidavit showing that since the commencement of said action he has neither learned the name or names of any such heir or heirs nor received any information indicating a line of search or inquiry which if properly pursued might lead to the discovery of such name or names and that the same still remains or remain unknown to such plaintiff; or, if he has received such information, such affidavit shall so state and show that diligent search and inquiry along the lines indicated had been made by or in behalf of such plaintiff and resulted in failure to learn such name or names and that the same are still unknown to such plaintiff. Sec. 5. This Act shall take effect from and after its passage and approval. |
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Franchise to Nevada T. and T. Co. for 25 years. |
Chap. CCXXIII.An Act granting a franchise unto Nevada Telephone-Telegraph Company, a corporation organized and existing under the laws of the State of Nevada, its successors and assigns, to complete and operate a telephone and telegraph line from the Town of Reno, in Washoe County, to the Town of Ely, in White Pine County, via Carson City, Ormsby County, Dayton, Lyon County, Fort Churchill, Lyon County, Tonopah, Nye County, and Goldfield, Esmeralda County, along, across and under highways and certain lands between the said termini.
[Approved March 22, 1909.]
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 and maintain a telephone and telegraph line or lines and to operate the same for the transmission of telephone and telegraph messages over and along such route as may be deemed most feasible and advantageous, from the said Town of Reno, Washoe County, State of Nevada, to the Town of Ely, White Pine County, State of Nevada, via Carson City, Ormsby County, Dayton, Lyon County, Fort Churchill, Lyon County, Tonopah, Nye County, and Goldfield, Esmeralda County, is hereby granted to Nevada Telephone-Telegraph Company, a corporation organized and existing under the laws of the State of Nevada, its successors and assigns, for the term of twenty-five (25) years, together with the right and franchise to build, construct and maintain said line or lines along, across or under any of the public highways of any of said counties or of the State of Nevada, or any unincorporated towns along said right of way; provided, that said line or lines shall be so constructed and maintained along, across and under such public highways as not to obstruct the natural and proper use of such highways; and provided further, that at any time any persons who may be engaged in the removal of houses or buildings, and desire the lines of said company removed, so that they can pass the said houses or buildings under the same lines, that upon giving reasonable notice to said company, said company will so arrange said wires in order to allow the passage of said buildings in transit. |
κ1909 Statutes of Nevada, Page 321 (CHAPTER 223)κ
to build, construct and maintain said line or lines along, across or under any of the public highways of any of said counties or of the State of Nevada, or any unincorporated towns along said right of way; provided, that said line or lines shall be so constructed and maintained along, across and under such public highways as not to obstruct the natural and proper use of such highways; and provided further, that at any time any persons who may be engaged in the removal of houses or buildings, and desire the lines of said company removed, so that they can pass the said houses or buildings under the same lines, that upon giving reasonable notice to said company, said company will so arrange said wires in order to allow the passage of said buildings in transit. Sec. 2. The construction of said line or lines shall be commenced within one year from the passage of this Act, and any portion of said right of way over which said line has not been constructed within two years from the passage of this Act shall be considered abandoned and forfeited. |
Provisos.
Construction and completion. |
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Chap. CCXXIV.An Act to amend section nine of an Act entitled An Act to amend an Act entitled An Act to amend an Act entitled An Act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other Acts in relation thereto, approved February 27, 1883, approved February 12, 1885, approved February 16, 1887.
[Approved March 25, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nine of said Act is hereby amended so as to read as follows: Section 9. Each person summoned to attend as a grand or trial juror in counties polling over four hundred and twenty-five votes, unless he be excused by the Court at his own request from serving on the day he is summoned to attend, shall receive three dollars per day for each day he may be in attendance and fifteen cents per mile in traveling to and returning from court. In civil cases the per diem of each juror engaged in the trial of the cause, shall be paid each day in advance by the party who shall have demanded the jury, but in case the party paying such fees be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party. Jurors in Justice Courts shall receive but two dollars per day in civil cases; provided, that no fees shall be allowed trial jurors in criminal cases in Justice Courts. |
Grand and trial jurors, in certain counties, to receive $3 per day.
In Justice Courts. |
κ1909 Statutes of Nevada, Page 322 (CHAPTER 224)κ
Proviso. |
per day in civil cases; provided, that no fees shall be allowed trial jurors in criminal cases in Justice Courts. The fees paid to a juror by the parties in a civil case shall be deducted from the amount due him, and the balance only shall become a charge against the county. |
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Addition to Manzanita Hall at University.
Cost.
Appropriation.
Duties of Controller and Treasurer. |
Chap. CCXXV.An Act to provide for the building and equipment of an addition to Manzanita Hall at the University of Nevada at Reno, Nevada.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents of the University of Nevada is hereby authorized and directed to construct and equip a suitable addition to Manzanita Hall upon the University land at Reno for the purpose of providing additional accommodations for the young women students of the University. Sec. 2. This addition to Manzanita Hall shall be of brick and stone and with its equipment shall not exceed in cost the sum of twenty-five thousand ($25,000) dollars. Sec. 3. Twenty-five thousand ($25,000) dollars are hereby appropriated out of any money in the General Fund, not otherwise appropriated, for the construction and equipment of said addition to Manzanita Hall, and in no case shall a contract be entered into which shall exceed the sum of twenty-five thousand ($25,000) dollars for the erection and equipment of said addition. Sec. 4. The State Controller is hereby authorized and directed to draw his warrant on the State Treasury for the amount of these claims when approved by the Board of Regents of the State University and by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same. |
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Instruction of children in Orphans Home. |
Chap. CCXXVI.An Act to amend an Act entitled An Act for the government and maintenance of the State Orphans Home, approved March 1, 1873.
[Approved March 25, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eight of said Act is amended to read as follows: Section 8. All orphans and children admitted to the State Orphans Home shall, under the direction of the Board of Directors, be taught the usual branches of an English education. |
κ1909 Statutes of Nevada, Page 323 (CHAPTER 226)κ
tion. The female children shall be taught the useful occupations of housewifery and such other useful occupations as the Board of Directors may require. When nearing the age of sixteen, it shall be the duty of the Superintendent to notify the Board of County Commissioners of the county from which the male child is sent to the State Orphans Home, of his coming to maturity, that they may find a place to teach him a useful trade, or occupation, or place him in some useful employment, and, when so placed, said boy shall at all times be under the supervision of the Board of County Commissioners of said county until he arrives at the age of eighteen years. All labor and occupation shall be fitted to the capacity and best ability of the child as the Board may determine. Sec. 2. Section nine of said Act is amended to read as follows: Section 9. Upon complying with the provisions of this Act, all children under fourteen years of age, may be admitted to the State Orphans Home; provided, no child ever shall be admitted to, or received into, said State Orphans Home, who is either an insane person, an idiot, or a person so mentally or physically deformed as to be incapable of receiving the elements of an education in the usual English branches. For the purpose of this Act, the age of majority for all females that are, or may be, wards of the State shall be eighteen years, and all males sixteen years. |
County Commissioners to provide trade for mature male child.
Normal children only under 14 to be admitted to Home.
Majority age. |
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Chap. CCXXVII.An Act to amend section thirty-nine of an Act entitled An Act to provide for a reorganization of the system of school supervision and maintenance, to repeal all Acts and parts of Acts in conflict therewith, and matters properly connected therewith, approved March 29, 1907.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty-nine of the above entitled Act is hereby amended so as to read as follows: Section 39. All School Districts in Nevada are hereby divided into two classes. Districts employing ten or more teachers shall be known as districts of the first class, and districts employing less than ten teachers shall be known as districts of the second class. The Board of School Trustees of any district of the first class is hereby authorized to create the office of City Superintendent of Schools for such district, to define the powers and duties of such Superintendent, to elect to said office any person entitled to teach in the high schools of this State, and to fix the salary; provided, that no City Superintendent shall be elected for more than one year,
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Two classes of School Districts.
City Superintendent, when. Provisos. |
κ1909 Statutes of Nevada, Page 324 (CHAPTER 227)κ
|
unless said City Superintendent shall have first served one year acceptably in the district, when said Board of Trustees is empowered to elect said Superintendent for a term not to exceed four years; provided, further, that said Superintendent may be dismissed at any time for cause. |
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Certain acts against utility companies defined as offenses.
Misdemeanor.
Punishment. |
Chap. CCXXVIII.An Act to protect the properties and products of the owners of water, gas, electricity, and power against theft, interference and injury, and providing a punishment therefor.
[Approved March 25, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who wilfully, and with intent to injure or defraud: (1) Opens, breaks into, taps, or connects with any pipe, flume, ditch, conduit, reservoir, wire, meter, or other apparatus belonging to or used by any water, gas, irrigation, electric, or power company or corporation, or belonging to or used by any other person, persons or association, and takes and removes therefrom or allows to be taken, removed or flow therefrom, any water, gas, electricity or power belonging to another; or (2) Connects a pipe, tube, flume, conduit, wire, or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric, or power company or corporation, or belonging to or used by any other person, persons or association, in such manner as to take therefrom water, gas, electricity or power for any purpose or use, without passing through the meter, or instrument, or other means provided for registering the quantity consumed or used; or (3) Destroys, detaches, disconnects, alters, injures, or prevents the action of a head-gate, meter, or other instrument or means used to measure or register the quantity of water, gas, electricity, or power consumed or supplied; or (4) Injures or destroys, or interferes with the efficiency or use, or suffers to be injured or destroyed, any pipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant, or other attachment or apparatus belonging to or used by any water, irrigation, gas, electric, or power company or corporation, or belonging to or used by any other person, persons, or association; is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment, in the discretion of the Court; and shall moreover be liable to the person, persons, association or corporations whose property is injured, in a sum equal to treble the amount of actual damages sustained thereby. |
κ1909 Statutes of Nevada, Page 325 (CHAPTER 228)κ
son, persons, association or corporations whose property is injured, in a sum equal to treble the amount of actual damages sustained thereby. Sec. 2. In any prosecution under this Act, proof that any of the Acts herein forbidden were done on or about the premises occupied by the defendant charged with the commission of such an offense, or that he received the use or benefit of such water, gas, electricity or power by reason of the commission of any such acts, shall be prima facie evidence of the guilt of such defendant. Sec. 3. This Act shall take effect immediately upon its approval. |
What shall be evidence.
In effect. |
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Chap. CCXXIX.An Act to amend section forty-four of an Act entitled An Act concerning crimes and punishments, approved November 26, 1861, as amended and approved March 4, 1873, approved March 6, 1889, approved March 4, 1905.
[Approved March 24, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-four of the above-entitled Act is hereby amended so as to read as follows: Section 44. Rape is the carnal knowledge of a female, forcibly and against her will, and a person duly convicted thereof shall be punished by imprisonment in the State Prison for a term of not less than five years and which may extend to life; provided, that if such crime be accompanied with acts of extreme violence and great bodily injury inflicted, the person guilty thereof shall be punished by imprisonment in the State Prison for a term not less than twenty years, or he shall suffer death, if the jury by their verdict affix the death penalty. And any person of the age of sixteen years or upwards who shall have carnal knowledge of any female child under the age of sixteen years, either with or without her consent, shall be adjudged guilty of the crime of rape, and be punished as before provided. |
Rape defined.
Death penalty, when.
Age of consent, 16 years. |
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Chap. CCXXX.An Act to establish and maintain a State Hygienic Laboratory at the University of Nevada for the diagnosis of infectious diseases, for research, providing for the appointment of a Director and assistants, and making an appropriation therefor.
[Approved March 25, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There shall be established and maintained at the University of Nevada at Reno, for the use of the health officials and physicians of the State of Nevada, a State Hygienic Laboratory for the diagnosis of infectious diseases and the conduct of research into the nature, cause, and control of such diseases; provided, such diagnosis and researches shall be free of charge. |
|
κ1909 Statutes of Nevada, Page 326 (CHAPTER 230)κ
State Hygienic Laboratory.
Regents to establish laboratory.
Director and assistant.
Director to make analyses and reports.
Report published.
Appropriation.
Duties of Controller and Treasurer. |
the University of Nevada at Reno, for the use of the health officials and physicians of the State of Nevada, a State Hygienic Laboratory for the diagnosis of infectious diseases and the conduct of research into the nature, cause, and control of such diseases; provided, such diagnosis and researches shall be free of charge. Sec. 2. The Regents of the University of Nevada shall, from the money hereby appropriated, purchase suitable equipment, apparatus, chemicals and supplies for the maintenance of such laboratory in the existing laboratories of the University of Nevada at Reno. Sec. 3. The Regents of the University of Nevada shall, upon the recommendation of the President, appoint a Director of said laboratory from the existing instructing staff of the University. The Director shall be a skilled bacteriologist and shall have general supervision of the performance of all duties required by this Act. The Regents of the University of Nevada shall appoint one assistant whose time shall be exclusively devoted to the work designated in this Act, under the supervision of the Director of the Laboratory. Sec. 4. It shall be the duty of the Director of this laboratory and of his assistants to examine promptly and report to the person sending it, such material, free of charge, as may be submitted by any health officer or health board or any physician licensed to practice medicine in the State of Nevada, for the diagnosis of any infectious disease, in which laboratory methods are of recognized value; to examine such other clinical and pathological material as may, in the discretion of the Director, appear feasible; and to undertake research into the nature, cause, diagnosis, and control of the infectious disease. Sec. 5. The Director shall publish annually a report of the work done in the laboratory during the preceding year under the provisions of this Act. Such results of the investigations that may be conducted under this Act as are considered of interest to the public shall be published from time to time, either in connection with the annual reports, or in separate series of circulars or bulletins, or both, in the discretion of the Director. Sec. 6. The sum of eight thousand ($8,000) dollars is hereby appropriated out of any moneys in the General Fund of the State of Nevada, not otherwise appropriated, for the proper maintenance of this laboratory and the conduct of the work herein provided for. Sec. 7. The State Controller is hereby authorized and directed to draw his warrant on the State Treasury for the amount of these claims when approved by the Board of Regents of the State University and by the State Board of Examiners, and the State Treasurer is hereby directed to pay the same. |
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κ1909 Statutes of Nevada, Page 327κ
Chap. CCXXXI.An Act to amend an Act entitled An Act to amend section four of an Act entitled An Act to prevent the unlawful destruction of fish and game; to provide for the appointment of Fish and Game Wardens in the several counties of this State, and to define their duties and compensation, approved March 12, 1901, approved March 16, 1903.
[Became a law March 31, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one [four] of said Act is hereby amended so as to read as follows: Section 4. The salary of the Fish and Game Wardens shall be fixed by the County Commissioners of the various counties of this State, out of the Fish and Game Preservation Fund; provided, that in case of a deficiency in the Fish and Game Preservation Fund, such deficiency shall be paid out of the general fund of the various county treasuries. The salary of said Fish and Game Wardens shall not be more than one hundred dollars, nor less than twenty dollars per month. Said Warden shall be allowed a sum not to exceed twenty-five dollars per month for expenses incurred by him in the performance of his duties.
________
State of Nevada-Executive Chamber, Carson City, March 31, 1909. The Honorable the Secretary of State: Assembly Bill No. 157-An Act to amend an Act entitled An Act to amend Section 4 of an Act entitled An Act to prevent the unlawful destruction of fish and game; to provide for the appointment of Fish and Game Wardens in the several counties of this State, and to define their duties and compensation, approved March 12, 1901, approved March 16, 1903-having been retained by me for a period longer than ten days (Sundays excepted) after the adjournment of the Legislature, has become a law without my signature by constitutional operation, and I herewith transmit the same to your office. D. S. DICKERSON, Lieutenant and Acting Governor. |
Salary of Fish and Game Wardens. |
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Chap. CCXXXII.An Act repealing an Act entitled An Act concerning appropriations for the support of the State Agricultural Society, and also concerning the disposition of all money otherwise received by said society, approved March 16, 1903.
[Became a law March 31, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
An Act concerning appropriations for the support of the State Agricultural Society, and also concerning the disposition of all moneys otherwise received by said society, approved March 16, 1903. |
Repeal of certain Act. |
κ1909 Statutes of Nevada, Page 328 (CHAPTER 232)κ
|
sition of all moneys otherwise received by said society, approved March 16, 1903. Section 1. The above-entitled Act is hereby repealed.
________
State of Nevada-Executive Chamber, Carson City, March 31, 1909. The Honorable the Secretary of State: Assembly Bill No. 66-An Act repealing an Act entitled An Act concerning appropriations for the support of the Agricultural Society, and also concerning the disposition of all money otherwise received by said society, approved March 16, 1903-having been retained by me for a period longer than ten days (Sundays excepted) after the adjournment of the Legislature, has become a law without my signature by constitutional operation, and I herewith transmit the same to your office. D. S. DICKERSON, Lieutenant and Acting Governor. |
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Preamble.
Relief of Mrs. Sparks.
Appropriation. |
Chap. CCXXXIII.An Act for the relief of Mrs. Nancy Eleanor Sparks, widow of the late Governor, John Sparks, providing for the payment to her of an amount equivalent to the balance of salary which the said Governor, John Sparks, would have been entitled to receive had he lived until the end of his term.
[Became a law March 31, 1909.]
Whereas, The late Governor of Nevada, the Honorable John Sparks, earned the respect, gratitude and affection of the people of the State of Nevada, by his manly qualities, his devotion to duty, his earnest labors for the rights of all classes and his regard for the good name of the State; and Whereas, The said John Sparks invested his fortune in beneficial enterprises which were expected to aid in the upbuilding of the community and the development of its latent wealth, but which failed of realization; and Whereas, The said John Sparks contracted by exposure in the discharge of his duty at a critical time in the history of our State, the illness which caused his death; therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of money which would have been paid as salary to the said John Sparks as Governor of the State of Nevada for the remainder of his term, had he lived, to wit, the sum of $10,430.15, shall be paid to Mrs. Nancy Eleanor Sparks of Reno, Nevada, the widow of the said Governor John Sparks, deceased, out of the moneys not otherwise appropriated, for her use and benefit. Sec. 2. The State Controller is hereby authorized and directed to draw his warrant for the sum named in this Act, and the State Treasurer is hereby ordered to pay the same. |
κ1909 Statutes of Nevada, Page 329 (CHAPTER 233)κ
directed to draw his warrant for the sum named in this Act, and the State Treasurer is hereby ordered to pay the same.
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State of Nevada-Executive Chamber, Carson City, March 31, 1909. The Honorable the Secretary of State: Senate Bill No. 75-An Act for the relief of Mrs. Nancy Eleanor Sparks, widow of the late Governor John Sparks, providing for the payment to her of an amount equivalent to the balance of salary which the said Governor, John Sparks, would have been entitled to receive had he lived until the end of his term-having been retained by me for a period longer than ten days (Sundays excepted) after the adjournment of the Legislature, has become a law without my signature by constitutional operation, and I herewith transmit the same to your office. D. S. DICKERSON, Lieutenant and Acting Governor. |
Duties of Controller and Treasurer. |
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Chap. CCXXXIV.An Act to amend Article V of an Act entitled An Act to incorporate the Town of Reno, and to establish a city government therefor, approved March 16, 1903, as amended March 13, 1905, and further amended March 28, 1907.
[Became a law March 31, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of Article V of the above-entitled Act, as amended March 13, 1905, is hereby amended so as to read as follows: Section 1. There shall be a City Attorney, who shall be appointed by the City Council, and hold his office for the term of two years, and until his successor is appointed, subject to removal at any time by said City Council. No person not a licensed and practicing attorney of the Supreme Court of this State, in good standing at the bar, a bona fide resident of the city, and a taxpayer therein, shall be eligible to the office of City Attorney. Sec. 2. Section four of said Article V is hereby amended so as to read as follows: Section 4. The City Attorney shall receive a salary of two hundred dollars per month. Sec. 3. All Acts and parts of Acts in conflict herewith are hereby repealed. Sec. 4. This Act shall take effect on the first day of May, A. D. 1909.
________
State of Nevada-Executive Chamber, Carson City, March 31, 1909. The Honorable the Secretary of State: Assembly Bill No. 220-An Act to amend Article V of an Act entitled An Act to incorporate the Town of Reno, and to establish a city government therefor, approved March 16, 1903, as amended March 13, 1905, and further amended March 28, 1907-having been retained by me for a period longer than ten days (Sundays excepted) after the adjournment of the Legislature, has become a law without my signature by constitutional operation, and I herewith transmit the same to your office. |
City Attorney of Reno.
Qualifications.
Salary.
In effect. |
κ1909 Statutes of Nevada, Page 330 (CHAPTER 234)κ
|
therefor, approved March 16, 1903, as amended March 13, 1905, and further amended March 28, 1907-having been retained by me for a period longer than ten days (Sundays excepted) after the adjournment of the Legislature, has become a law without my signature by constitutional operation, and I herewith transmit the same to your office. D. S. DICKERSON, Lieutenant and Acting Governor. |
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Relief of Sardis Summerfield.
Washoe County to pay. |
Chap. CCXXXV.An Act to authorize payment by Washoe County to Sardis Summerfield for legal services rendered under an express contract.
[Became a law March 31, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Washoe County is hereby authorized to allow, the Auditor of said county to draw and deliver his warrant for, and the Treasurer of said county to pay, a claim against the said county in the sum of five hundred dollars in favor of Sardis Summerfield for legal services by him rendered in the Second Judicial District Court of the State of Nevada, County of Washoe, in the prosecution of Frederick W. Wichman, M.D., indicted for the crime of abortion, under and pursuant to an express contract with said Board of County Commissioners to allow him for said services the sum of five hundred dollars.
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State of Nevada-Executive Chamber, Carson City, March 31, 1909. The Honorable the Secretary of State: Senate Bill No. 20-An Act to authorize payment by Washoe County to Sardis Summerfield for legal services rendered under an express contract-having been retained by me for a period longer than ten days (Sundays excepted) after the adjournment of the Legislature, has become a law without my signature by constitutional operation, and I herewith transmit the same to your office. D. S. DICKERSON, Lieutenant and Acting Governor. |
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Chap. CCXXXVI.An Act to provide for revising, compiling, annotating and publishing the laws of the State of Nevada, and the compiling, annotating and publishing therewith certain laws of the United States of particular interest to the State of Nevada, and other matters properly connected therewith, and making appropriation therefor.
[Became a law March 31, 1909.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Justices of the Supreme Court of the State of Nevada shall constitute a commission to revise, compile, annotate and index the laws of the State of Nevada, and certain laws of the United States hereinafter designated. |
κ1909 Statutes of Nevada, Page 331 (CHAPTER 236)κ
of Nevada shall constitute a commission to revise, compile, annotate and index the laws of the State of Nevada, and certain laws of the United States hereinafter designated. Sec. 2. The said Justices shall on or before the first day of January, 1911, prepare a compilation and annotation of all the laws of the State of Nevada as the same shall exist and be in force at said time, including the State Constitution and also the Constitution of the United States, and the laws of Congress relating to naturalization, grants of land by the United States to the State of Nevada, the location and patenting of mineral lands of the United States, the election of United States Senators, the authentication of records, and such other Acts of Congress as said commission may deem of direct interest to the State of Nevada and advantageous to publish in such compilation. Sec. 3. Each section of said compilation shall have such marginal notes or headings as shall briefly indicate the subject-matter of the section, and shall be followed by brief annotations or references to all the decisions of the Supreme Court of this State, construing or having a bearing upon such section, and also a reference to such other decisions, statutes or publications as said Justices shall deem advantageous. The compilation shall also contain a full and comprehensive table of contents. Sec. 4. They shall also prepare a thorough and complete index of said compilation, which index shall fully cover the subject-matter treated in each section, together with such cross references as will make the same thoroughly comprehensive. Sec. 5. In the preparation of such compilation, the said Justices of the Supreme Court shall, so far as practicable, make a revision of the laws of this State as follows: All Acts that are manifestly unconstitutional shall not be included in such compilation, but in cases where they deem an Act unconstitutional they shall call the attention of the next session of the Legislature to the same and make recommendations in reference thereto; they shall also suggest to the next session of the Legislature such amendments or additions to the existing law as in their judgment will be an improvement to the same; they shall, so far as they shall deem expedient, provide for including in the fewest number of Acts all laws in reference to the same general subject-matter, so that when the compilation is finally published as hereinafter provided for, the laws of this State, so far as possible, shall be harmonious, and the several statutes relating to any particular subject shall, so far as practicable, be embodied in one Act. Such comprehensive Acts as now exist, like the Civil Practice Act, the Criminal Practice Act, and the like, shall be carefully examined and amendments, or additions thereto, suggested to the next session of the Legislature. The suggestions of amendments or additions to the existing law, as said Justices shall deem advisable, shall be in the form of prepared bills to be submitted for the consideration of the next session of the Legislature. |
Supreme Court to compile laws.
What compilation will include.
To be briefly annotated.
Index.
Method of revision. |
κ1909 Statutes of Nevada, Page 332 (CHAPTER 236)κ
To be completed, when.
Assistant employed.
Compensation for services.
Means afforded.
Duties of State Printer.
Distribution. |
deem advisable, shall be in the form of prepared bills to be submitted for the consideration of the next session of the Legislature. Sec. 6. Within ninety days of the adjournment of the next regular session of the Legislature the entire work of compiling, annotating and indexing the laws of this State, as they shall exist and be in force during the year one thousand nine hundred and eleven, and subsequent to the adjournment of the said next session of the Legislature shall be completed and certified to by said Justices and be deposited with the Secretary of State. Sec. 7. The said Justices are authorized to employ an assistant, who shall be skilled in the work of compiling statutes, and who shall receive a compensation while so employed, of not exceeding three hundred dollars per month. Sec. 8. The said Justices shall each receive for the services rendered as herein provided the following compensation: Upon the first days of July, October, January, and April the said Justices shall each receive a quarterly salary of five hundred dollars, the last quarterly payment of five hundred dollars each to be paid on the first day of January, 1911, and thereafter no further payments on account of such services shall be paid to said Justices. The State Controller is hereby authorized and directed to draw his warrants in favor of said Justices respectively for the several quarterly payments herein provided for, and the State Treasurer shall pay the same. The said State Controller and State Treasurer shall respectively draw and pay warrants in favor of such assistant as is herein authorized to be employed by said Justices. Sec. 9. The Secretary of State and all other State officers shall afford to said Justices all reasonable information, aid, means and facilities for the purpose of enabling them to prosecute and complete the work aforesaid with all reasonable despatch. Sec. 10. Upon receiving such compilation, the State Printer shall at once, in as expeditious and economical manner as practicable, proceed to print, in good style, and to the approval of said Justices, upon good book paper, three thousand copies of said compilation, and the Secretary of State, subject to the approval of said Justices, shall have two thousand copies thereof bound in a good and workmanlike manner in law sheep or buckram, in either one or two volumes as the said commission may direct. Sec. 11. The Secretary of State shall deliver one bound copy to each of the persons, libraries, and associations now entitled to receive the laws of the State of Nevada, as published biennially, said copies to be delivered subject to the rules and restrictions now governing the distribution of the statutes of this State. He shall deliver ten copies to the State Librarian for the use of the State, and the remainder of the said bound volumes he shall sell as they may be called for at not less than eight dollars per volume, if bound in one volume, or at not less than twelve dollars per set, if bound in two volumes, and he shall pay all moneys received from such sales into the State Treasury. |
κ1909 Statutes of Nevada, Page 333 (CHAPTER 236)κ
not less than eight dollars per volume, if bound in one volume, or at not less than twelve dollars per set, if bound in two volumes, and he shall pay all moneys received from such sales into the State Treasury. The remaining unbound sheets shall be bound in lots of not less than one hundred copies as they may be required. Sec. 12. Upon the delivery of said compilation, ready for printing, to the Secretary of State, he shall duly certify the same under the great seal of the State of Nevada, and deliver the same to the State Printer for printing and when printed and distributed, the said compilation, as printed, shall be legal evidence of the law therein contained in all the courts of this State, but shall not preclude reference to, or control in case of any difference the force or effect of any original Act as passed by the Legislature of this State. Sec. 13. The sum of fifteen thousand dollars is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated for the purpose of paying the compensation of the said Justices of the Supreme Court and their assistant for revising, compiling, and indexing the laws as hereinbefore provided.
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State of Nevada-Executive Chamber, Carson City, March 31, 1909. The Honorable the Secretary of State: Substitute for Senate Bill No. 32-An Act to provide for the revising, compiling, annotating and publishing of the laws of the State of Nevada, and the compiling, annotating and publishing therewith of certain laws of the United States of particular interest to the State of Nevada, and other matters properly connected therewith, and making appropriation therefor-having been retained by me for a period longer than ten days (Sundays excepted) after the adjournment of the Legislature, has become a law without my signature by constitutional operation, and I herewith transmit the same to your office. D. S. DICKERSON, Lieutenant and Acting Governor |
Compilation to be legal evidence.
Appropriation. |
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