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κ1915 Statutes of Nevada, Page 3κ

 

LAWS OF THE STATE OF NEVADA

passed at the

TWENTY-SEVENTH SESSION OF THE LEGISLATURE

 

1915

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CHAPTER 1

Chapter 1–An Act to create a legislative fund.

 

[Approved January 22, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of thirty thousand ($30,000) dollars, which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly, for per diem, mileage, stationery allowance, compensation and incidental expenses of the respective houses, when properly certified to, in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund, at the adjournment of the legislature, shall revert to the general fund.

 

 

 

 

 

 

 

Legislative appropriation, $30,000

 

 

 

 

Duties of controller and treasurer

 

 

 

Residue to revert

 

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CHAPTER 2

Chap. 2–An Act providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto.

 

[Approved January 27, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state printer shall print as many copies of every bill and resolution introduced in either house in the state legislature as shall be authorized by resolution of the branch of the legislature in which said bill or resolution is introduced, and in printing such bills and resolutions the state printer is hereby authorized to correct in the copy furnished him all errors in spelling or punctuation, and to supply the enacting clause, if omitted; provided, that no change shall be made by the state printer which shall in any way vary the apparent meaning of said bill or resolution.

 

 

 

 

 

 

 

 

State printer to print bills and resolutions; number fixed by resolution


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κ1915 Statutes of Nevada, Page 4 (CHAPTER 2)κ

 

 

 

 

Bills and resolutions; copy to be in triplicate

 

 

 

State printer to furnish special copy on buff paper for engrossing committee

 

 

 

 

 

 

 

Printed bill becomes original bill, when

 

Engrossed copy may be ordered reprinted by resolution

 

Size specified for enrolled bills and resolutions

him all errors in spelling or punctuation, and to supply the enacting clause, if omitted; provided, that no change shall be made by the state printer which shall in any way vary the apparent meaning of said bill or resolution.

      Sec. 2.  All bills and resolutions shall be introduced in triplicate, and one copy of each bill or resolution shall be marked “original”; one shall be marked “duplicate”; one shall be marked “triplicate.” The copy marked “duplicate” shall be sent to the state printer for the purpose of printing, and the copy marked “triplicate” shall be referred to the engrossing committee of the house in which such bill or resolution was introduced.

      Sec. 3.  The state printer shall immediately after receipt of the copy of any bill or resolution print, in addition to the regular number hereinbefore authorized, one copy thereof upon heavy buff paper, which copy shall be delivered to the engrossing committee of the house in which the bill or resolution originated. The said engrossing committee shall carefully compare the printed copy of said bill with the triplicate copy thereof and if said printed copy is found to be in all respects correct said engrossing committee shall cause the copy of said bill printed upon buff paper to be securely bound with a substantial cover on which the history of said bill shall be endorsed; the chairman of the engrossing committee of the house in which said bill or resolution originated shall then certify to the correctness of said bound copy and deliver same to the chief clerk of the assembly or secretary of the senate, as the case may be; whereupon said bound copy printed upon buff paper so compared and certified to, shall be substituted for the original copy introduced and thereafter be deemed the official copy of said bill or resolution.

      Sec. 4.  When any bill or resolution is ordered engrossed the house ordering such engrossment may, as a part of such resolution, if deemed advisable, order such bill or resolution to be reprinted, one copy upon buff paper, for engrossment as amended, before being transmitted to the other house.

      Sec. 5.  All legislative bills and resolutions shall be enrolled in typewriting on sheets of paper sixteen (16) inches by nine and one-half (9 1/2) inches in dimensions with a one and one-half inch (1 1/2) margin on left-hand side and top and bottom of said sheet, and not more than a one-inch (1) margin on right-hand side, ruling to be on both sides of each sheet. The paper shall be the best quality of ledger paper and suitable for making one clear carbon copy. An original and carbon copy shall be made. If the bill embraces more than one of said sheets they shall be temporarily bound together by a Hotchkiss fastener in the upper left-hand corner of said sheet. All portions of sheets not covered by typewriting shall be ruled off in red ink to prevent insertion of other matter. The complete history of each bill and resolution shall be endorsed in typewriting upon the back of the last sheet of the original copy thereof, and the same shall then be signed by the presiding officers of the respective houses and by the secretary of the senate and the chief clerk of the assembly.


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κ1915 Statutes of Nevada, Page 5 (CHAPTER 2)κ

 

thereof, and the same shall then be signed by the presiding officers of the respective houses and by the secretary of the senate and the chief clerk of the assembly. The original copy shall then be presented to the governor for his action. The duplicate copy thereof shall be deposited with the secretary of state for transmission to the state printer to be used by him in preparation of the volume of statutes enacted at the session of the legislature; provided, the printed bill may by resolution be used as the enrolled bill in accordance with section 4124 of the Revised Laws of Nevada, 1912.

      Sec. 6.  All legislative bills and resolutions deposited with the secretary of state after approval by the governor shall be bound in a substantial volume as now provided by law, together with an index thereof.

      Sec. 7.  All acts and parts of acts in conflict with this act are hereby repealed.

 

 

 

 

Printed bill may become enrolled bill, when

 

Enrolled bills to be bound

 

Repeal

 

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CHAPTER 3

Chap. 3–An Act to repeal an act entitled “An act authorizing and directing the board of county commissioners of Humboldt County to pay from the county general fund the sum of five hundred dollars monthly, to cover expenses incurred by the Humboldt County chamber of commerce in promoting the public good, and matters properly connected therewith,” approved March 24, 1913.

 

[Approved February 1, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature of the State of Nevada, entitled “An act authorizing and directing the board of county commissioners of Humboldt County to pay from the county general fund, the sum of five hundred dollars monthly, to cover expenses incurred by the Humboldt County chamber of commerce in promoting the public good, and matters properly connected therewith,” approved March 24, 1913, is hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

Repeal of certain act concerning Humboldt County chamber of commerce

 

 

In effect

 

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κ1915 Statutes of Nevada, Page 6κ

CHAPTER 4

 

 

 

 

 

 

 

 

 

 

 

Repealing section making county commissioners canvassers of election

Chap. 4–An Act repealing section thirteen 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, as amended February 21, 1877, as amended March 8, 1879, being section 1513, Revised Laws of Nevada.

 

[Approved February 2, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 13 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, as amended February 21, 1877, as amended March 8, 1879, being section 1513, Revised Laws of Nevada, is hereby repealed.

 

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CHAPTER 5

 

 

 

 

 

 

 

Claims must be presented to incorporated cities within six months

 

 

Claims not paid unless above conditions are observed

 

Rejected claims never to be reconsidered

Chap. 5–An Act concerning claims and accounts against incorporated cities.

 

[Approved February 2, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  All unaudited claims or accounts against any incorporated city in this state shall be presented to the city council of said city, duly authenticated, within six months from the time such claims or accounts become due or payable; provided, nothing contained in this act shall be construed so as to prevent the presentation and auditing of any claim or account now due against any incorporated city in this state, at any time within six months from the passage and approval of this act.

      Sec. 2.  No claim or account against any incorporated city in this state shall be audited, allowed, or paid by the city council or any officer or officers of said incorporated city unless the provisions of section 1 of this act shall have been strictly complied with.

      Sec. 3.  No claim or account which has once been presented and rejected shall ever again be considered or allowed by the same or any subsequently elected or appointed city council of the same city.

 

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κ1915 Statutes of Nevada, Page 7κ

CHAPTER 6

Chap. 6–An Act to repeal an act entitled “An act to prohibit gift enterprises, and to provide punishment for a violation of the same,” approved March 13, 1913.

 

[Approved February 4, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That said act entitled “An act to prohibit gift enterprises, and to provide punishment for the violation of the same,” approved March 13, 1913, be, and the same is, hereby repealed.

 

 

 

 

 

 

 

 

Repeal of act prohibiting gift enterprises

 

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CHAPTER 7

Chap. 7–An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to issue bonds to provide for the maintenance of a county high school in the town of Hawthorne, Nevada.

 

[Approved February 8, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Mineral County is hereby authorized, empowered, and directed to prepare and issue bonds of said county, for an amount not to exceed the sum of two thousand dollars, exclusive of interest, for the purpose of providing funds for the maintenance of a county high school in the town of Hawthorne.

      Sec. 2.  The board of county commissioners of said Mineral County shall cause said bonds to be prepared and made ready for issuance. Such bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and the county treasurer.

      Sec. 3.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 4.  The board of county commissioners of Mineral County is hereby authorized to negotiate the sale of said bonds or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be payable in gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be each for the sum of five hundred dollars. They shall be numbered from one to four, consecutively, and the interest on the same shall not exceed six per cent per annum, payable semiannually on the first Monday of July and January of each year, at the office of the county treasurer of said Mineral County, and in no case shall any of said bonds run for a longer period than eighteen months.

 

 

 

 

 

 

 

 

 

Bonds for Mineral County high school

 

 

 

 

Bonds to be issued

 

 

 

 

 

Record to be kept

 

 

 

Negotiation of bonds

 

 

Provisos

 

 

Denomination of bonds


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κ1915 Statutes of Nevada, Page 8 (CHAPTER 7)κ

 

Interest

 

 

 

 

 

“County High School Fund”

 

County treasurer responsible

 

 

 

 

“Mineral County High School Bond Redemption Fund”

 

 

 

 

 

 

Treasurer to cancel bonds when redeemed

 

 

 

 

 

Interest ceases, when

 

State’s faith pledged

secutively, and the interest on the same shall not exceed six per cent per annum, payable semiannually on the first Monday of July and January of each year, at the office of the county treasurer of said Mineral County, and in no case shall any of said bonds run for a longer period than eighteen months.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund known as “County High School Fund,” and to pay out said moneys only in the manner now provided by law for payment of the “County High School Fund” and for the purposes for which the same were received.

      Sec. 7.  The county treasurer of said Mineral County shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 8.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of the said Mineral County is hereby authorized and required to levy and collect, during the year of 1915, a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said Mineral County, sufficient to pay such bonds and interest thereon and to pay and retire two of such bonds on the first Monday of January, 1916, and to pay and retire the remaining bonds on the first Monday of July, 1916. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the “Mineral County High School Bond Redemption Fund.”

      Sec. 9.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 10.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment, when they become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 11.  The faith of the State of Nevada is hereby pledged and this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue hereof shall have been paid in full, as in this act specified.

 

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κ1915 Statutes of Nevada, Page 9κ

CHAPTER 8

Chap. 8–An Act to amend “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 for 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.

 

[Approved February 8, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of 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 for 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, being section 4201 of the Revised Laws of Nevada, is hereby amended to read as follows:

      Section 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 said inspector of mines shall post or cause to be posted, in a prominent place upon the gallows-frame or other superstructure at the collar of the main workings of such mine, a copy of his recommendations within twenty-four hours from the date of such examination, and it shall be the duty of the inspector of mines 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.

 

 

 

 

 

 

 

 

 

 

 

 

State inspector of mines

 

 

 

 

 

To post notices of recommendations within 24 hours

 

 

 

 

Statistics of mineral resources

 

To establish code of signals

 

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κ1915 Statutes of Nevada, Page 10κ

CHAPTER 9

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

Money from U. S. government

 

 

 

 

 

 

University authorized to receive United States money

Chap. 9–An Act authorizing and empowering the regents of the University of Nevada to receive grants of money appropriated under that certain act of the Congress of the United States of America, entitled “An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of the act of Congress approved July 2, 1862, and of acts supplementary thereto, and the United States Department of Agriculture”; and to organize and conduct agricultural extension work in connection with the college of agriculture of the University of Nevada, in accordance with the terms and conditions expressed in said act of Congress.

 

[Approved February 10, 1915]

 

      Whereas, The Congress of the United States has passed an act approved by the president May 8, 1914, entitled “An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of the act of Congress approved July 2, 1862, and of acts supplementary thereto, and the United States Department of Agriculture”; and

      Whereas, It is provided in section 3 of the act aforesaid that the grants of money authorized by this act shall be paid annually to “each state which shall by action of its legislature assent to the provisions of this act”: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  That the assent of the State of Nevada, by its legislature, be, and it is, hereby given to the provisions and requirements of said act, and that the regents of the University of Nevada be, and they are, hereby authorized and empowered to receive the grants of money appropriated under said act, and to organize and conduct agricultural extension work which shall be carried on in connection with the college of agriculture of the University of Nevada, in accordance with the terms and conditions expressed in the act of Congress aforesaid.

 

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CHAPTER 10

 

Chap. 10–An Act fixing and establishing the fees to be charged in certain cases by the county clerk of White Pine County and ex officio clerk of the Ninth judicial district court, in the State of Nevada, and providing for the disposition of such fees.

 

[Approved February 10, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of White Pine County and ex officio clerk of the Ninth judicial district court of the State of Nevada shall charge and collect fees as follows:


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κ1915 Statutes of Nevada, Page 11 (CHAPTER 10)κ

 

      For all services performed by him in any action or proceeding (except a probate or guardianship proceeding) to and including the making up of the judgment roll, five dollars, to be collected in advance from the party commencing the action or proceeding; provided, that in cases where an injunction or an attachment or a receiver is asked for, an additional advance fee of two dollars and fifty cents shall be charged and collected.

      For filing cross-complaint, counter-claim, or a complaint in intervention, two dollars and fifty cents.

      For entering judgment by confession, three dollars.

      For services performed in an action appealed from a justice’s court, four dollars.

      For filing and indexing papers on transfer of a cause from the district court of another county, two dollars and fifty cents.

      For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charges or postage, two dollars and fifty cents.

      For issuing a commission to take testimony, seventy-five cents.

      For filing notice and undertaking and all services, including indexing, on appeal to the supreme court, three dollars and fifty cents.

      For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial or to set aside judgment.

      For services performed in proceedings to perpetuate testimony, one dollar.

      For services performed in an adoption case, five dollars.

      For certificates for dismissal of appeal, when prepared by the clerk, two dollars and fifty cents, and when prepared and furnished by the attorney, one dollar.

      For filing remittitur from supreme court, one dollar, and for recording judgment entered thereon, ten cents per folio.

      For issuing execution or order of sale, one dollar, and for copying decree and return, ten cents per folio.

      For filing any papers in any cause after judgment, not otherwise provided for, twenty-five cents.

      For issuing transcript of judgment and certifying thereto, one dollar.

      For taking and certifying depositions, for each folio, twenty cents, besides four dollars for each day’s attendance.

      For services in probate and guardianship proceedings, up to and including the final settlement of the case: (a) in which the value of the estate does not exceed twenty-five hundred dollars, fifteen dollars; (b) in which the value of the estate exceeds twenty-five hundred dollars and does not exceed ten thousand dollars, twenty dollars; (c) in which the value of the estate exceeds ten thousand dollars, twenty-five dollars; the valuation herein mentioned to be ascertained from the inventory filed, and the fees above provided to be collected as follows, to wit, the sum of fifteen dollars at the time of filing petition for letters testamentary or of administration or guardianship, and the balance, if any, at the time of filing such inventory.

Fees of county clerk of White Pine County


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κ1915 Statutes of Nevada, Page 12 (CHAPTER 10)κ

 

Fees of county clerk of White Pine County

 

 

 

 

 

 

 

 

 

 

 

 

Additional to “special court fees”

 

Clerk to pay all fees to treasurer

 

In effect-proviso

lows, to wit, the sum of fifteen dollars at the time of filing petition for letters testamentary or of administration or guardianship, and the balance, if any, at the time of filing such inventory.

      For filing objections or cross-petitions to the appointment of an executor, administrator, or guardian, or objections to the settlement of accounts or any other proceedings in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.

      For any copy of any record, proceeding, or paper on file in the office of the clerk relating to any civil action or proceeding theretofore tried or pending in said court, when such copy is made by him, per folio, fifteen cents, and when such copy is not made by him, per folio, ten cents, and for each certificate thereto, twenty-five cents.

      For all services not herein enumerated, such fees as are now or may hereafter be fixed by law; provided, that no fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

      Sec. 2.  The foregoing fees shall be collected in addition to the fees provided for and known as “special court fees” in sections 2030 and 2031 of the Revised Laws of Nevada, 1912.

      Sec. 3.  The clerk shall on the first Monday of each and every month pay to the county treasurer the amount of all fees charged by the said clerk during the next preceding month.

      Sec. 4.  This act shall take effect on May 1, 1915; provided, that 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 shall be charged and collected until the termination thereof.

 

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CHAPTER 11

 

 

 

 

 

Relief of Wellington Bowen

Chap. 11–An Act for the relief of Wellington Bowen.

 

[Approved February 10, 1915]

 

      Whereas, On the first day of December, one thousand eight hundred and seventy, Wellington Bowen displayed marvelous heroism in the defense of the state prison and, at the imminent peril of his own life, defended the officers from the infuriated convicts, thereby preventing a general outbreak of the prisoners, received a wound upon the head from a slungshot in the hands of a prisoner, which disabled him for life; and

      Whereas, Said Bowen from the effects of said wound, now, and for a long time past, has been unable to labor for his own support and is utterly helpless and indigent; and


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κ1915 Statutes of Nevada, Page 13 (CHAPTER 11)κ

 

      Whereas, The legislature of the State of Nevada did, at its twenty-first session, and at various sessions thereafter, pass acts appropriating various sums of money for the benefit of said Wellington Bowen in appreciation of the services so rendered; and

      Whereas, Said appropriation has been exhausted; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of seven hundred and twenty ($720) dollars, or so much thereof as may be necessary to be used and paid as hereinafter specified, is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the benefit of the said Wellington Bowen.

      Sec. 2.  It shall be the duty of the state controller to draw his warrant on the state treasurer in favor of the said Wellington Bowen for the sum of thirty ($30) dollars, for each and every month during the lifetime of the said Wellington Bowen, or until the said sum of seven hundred and twenty ($720) dollars shall be fully exhausted.

Preamble

 

 

 

 

 

 

 

 

Appropriation, $720

 

 

Duties of controller and treasurer

 

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CHAPTER 12

Chap. 12–An Act authorizing the Nevada-California-Oregon railway, a corporation organized and existing under the laws of this state, to amend its articles of incorporation by increasing the number of its board of directors from five to eleven.

 

[Approved February 10, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Nevada-California-Oregon railway, a corporation organized and existing under the laws of this state, is hereby authorized and empowered to amend its articles of incorporation so as to increase its board of directors from five directors, as now constituted, to eleven directors; such amendment to be made pursuant to the provisions of section 1142 of the Revised Laws of Nevada, being section 40 of “An act providing a general corporation law,” approved March 16, 1903.

 

 

 

 

 

 

 

 

 

 

Allowing N.-C.-O. railway to increase board of directors

 

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κ1915 Statutes of Nevada, Page 14κ

CHAPTER 13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Abolishing Nevada bureau of industry, agriculture and irrigation

 

 

 

Capitol commissioners to receive property and effects

 

Duty of capitol commissioners

 

 

In effect April 1, 1915

Chap. 13–An Act to repeal an act entitled “An act creating and establishing a Nevada bureau of industry, agriculture and irrigation, providing for a commission in charge thereof; creating the office of commissioner of industry, agriculture and irrigation, and fixing his compensation; defining the objects and purposes of said bureau; prescribing the powers and duties of said commission; appropriating funds for its support and maintenance, and to carry out its objects and purposes, and other matters relating thereto,” approved March 17, 1911; and providing for the disposition of the records, property, and effects of said bureau.

 

[Approved February 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An act creating and establishing a Nevada bureau of industry, agriculture and irrigation, providing for a commission in charge thereof; creating the office of commissioner of industry, agriculture and irrigation, and fixing his compensation, defining the objects and purposes of said bureau; prescribing the powers and duties of said commission; appropriating funds for its support and maintenance, and to carry out its objects and purposes, and other matters relating thereto,” approved March 17, 1911, is hereby repealed.

      Sec. 2.  Upon the taking of effect of this act the Nevada bureau of industry, agriculture and irrigation and the commissioner thereof shall deliver to the board of capitol commissioners of the State of Nevada all records, property, and effects belonging to or theretofore in any manner acquired by said bureau.

      Sec. 3.  It shall be the duty of the said board of capitol commissioners to accept and receive said records, property, and effects, and the same shall thereafter be under the direction and control of said board of capitol commissioners until disposed of by it in the manner provided in sections 4417 or 4418 of Revised Laws of Nevada, 1912.

      Sec. 4.  This act shall become effective from and after April 1, 1915.

 

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CHAPTER 14

 

Chap. 14–An Act to repeal an act entitled “An act to authorize and empower the board of county commissioners of Nye County to issue bonds for the purpose of creating a fund for liquidating and paying all outstanding indebtedness of said county, and for paying current expenses of Nye County, State of Nevada,” approved March 20, 1911.

 

[Approved February 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature of the State of Nevada entitled an act to repeal an act entitled “An act to authorize and empower the board of county commissioners of Nye County to issue bonds for the purpose of creating a fund for liquidating and paying all outstanding indebtedness of said county, and for paying current expenses of Nye County, State of Nevada,” approved March 20, 1911, is hereby repealed.


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κ1915 Statutes of Nevada, Page 15 (CHAPTER 14)κ

 

authorize and empower the board of county commissioners of Nye County to issue bonds for the purpose of creating a fund for liquidating and paying all outstanding indebtedness of said county, and for paying current expenses of Nye County, State of Nevada,” approved March 20, 1911, is hereby repealed.

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

Repeal of act bonding Nye County

 

 

In effect immediately

 

________

 

CHAPTER 15

Chap. 15–An Act establishing a rule of evidence, and to amend section four hundred of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, effective January 1, 1912.

 

[Approved February 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 400 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, effective January 1, 1912, is hereby amended so as to read as follows:

      Section 400.  Every person who shall make, pass, utter, or publish, with an intention to defraud any other person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention shall attempt to pass, utter, or publish, or shall have in his possession, with like intent to utter, pass, or publish, any fictitious bill, note, or check purporting to be the bill, note or check, or other instrument in writing, for the payment of money or property of some bank, corporation, copartnership, or individual, when in fact there shall be no such bank, corporation, copartnership, or individual in existence, the said person knowing the said bill, note, check, or instrument in writing for the payment of money or property to be fictitious, shall be deemed guilty of forgery, and on conviction thereof shall be punished by imprisonment in the state prison for a term not less than one or more than fourteen years. Whenever such note, bill, check, or other instrument in writing is drawn upon any bank, proof that the purported drawer of the same had no account at said bank, shall be deemed sufficient evidence to sustain the allegation of the nonexistence of the drawer of such instrument.

 

 

 

 

 

 

 

 

 

 

Crimes and punishments act amended

 

Rule of evidence established regarding uttering of false paper

 

 

 

 

 

Deemed forgery-penalty

 

________

 

 


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κ1915 Statutes of Nevada, Page 16κ

CHAPTER 16

 

 

 

 

 

 

 

 

 

 

Criminal practice act amended

 

Giving or refusing to give bond, effect

 

Imprisonment limited to 6 months

Chap. 16–An Act to amend section twenty of an act entitled “An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911; effective January 1, 1912.

 

[Approved February 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 20 of an act entitled “An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, effective January 1, 1912, is hereby amended so as to read as follows:

      Section 20.  If the bond required by the last section is given, the person complained of shall be discharged. If he does not give it, the magistrate must commit him to prison until he gives such bond, specifying in the warrant the requirement to give security, the amount thereof, and the omission to pay the same; provided, that in no event shall the person complained of be confined in prison for a period of longer than six months for a failure or omission to give such bond.

 

________

 

CHAPTER 17

 

 

 

 

 

 

 

 

 

Prosecution of crime by information

 

Information, how made

 

 

 

 

 

 

Upon affidavit, when

Chap. 17–An Act to amend section nine of an act entitled “An act providing for the prosecution and punishment of crimes, misdemeanors, and offenses by information,” approved March 24, 1913.

 

[Approved February 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of an act entitled “An act providing for the prosecution and punishment of crimes, misdemeanors, and offenses by information,” approved March 24, 1913, is hereby amended so as to read as follows:

      Section 9.  An information may be filed against any person for any offense when such person has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction, or shall have waived his right to such preliminary examination. If, however, upon such preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process shall forthwith issue thereon.


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κ1915 Statutes of Nevada, Page 17 (CHAPTER 17)κ

 

names of the witnesses for the prosecution, by leave of the court first had, file an information, and process shall forthwith issue thereon. The affidavit mentioned herein need not be filed in cases where the defendant has waived a preliminary examination, or upon such preliminary examination has been bound over to appear at the court having jurisdiction. All informations shall set forth the crime committed according to the facts.

 

 

 

 

Shall set forth facts

 

________

 

CHAPTER 18

Chap. 18–An Act to amend an act entitled “An act relating to the support of the poor,” approved November 29, 1861.

 

[Approved February 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10 of the above-entitled act is hereby amended so as to read as follows:

      Section 10.  The board of county commissioners of any county in this state may, if they think proper, cause to be built or provide in their respective counties workhouses for the accommodation or employment of such indigents as may, from time to time, become a county charge, and such workhouse and indigents shall be under such rules and regulations as said board of county commissioners may deem proper and just; and said board of county commissioners may, if they think proper, purchase a suitable tract of land not to exceed eighty acres in extent, within four miles of said workhouse, or any county hospital heretofore or hereafter established, or any home for the indigent poor or sick heretofore or hereafter established, for a county poor-farm; and said board of county commissioners are hereby authorized to pay for the purchase of said county poor-farm out of the general fund of the county.

 

 

 

 

 

 

 

 

 

 

County commissioners may provide workhouses or poor-farms

 

 

 

 

 

Purchase paid from county general fund

 

________

 

CHAPTER 19

Chap. 19–An Act to prohibit state, county, municipal and township officials from employing or keeping in their employ any person or persons related to them within the third degree of consanguinity, or affinity, and providing penalties for the violation of the provisions of this act.

 

[Approved February 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after July 1, 1915, it shall be unlawful for any state, township, municipal, or county official, elected or appointed, to employ or to keep in his employ on behalf of the State of Nevada, or any county thereof, in any capacity, his wife, son, daughter, or any person or persons related to him (by blood or marriage) within the third degree of consanguinity or affinity. Nothing in the Act shall be deemed to disqualify any widow as an employee of any state or county officer.

 

 

 

 

 

 

 

 

 

 

Nepotism prohibited

 

 

Within third degree of consanguinity or affinity


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κ1915 Statutes of Nevada, Page 18 (CHAPTER 19)κ

 

 

Payment prohibited

 

Misdemeanor-find or imprisonment

to disqualify any widow as an employee of any state or county officer.

      Sec. 2.  No person employed contrary to the provisions of this act shall be entitled to or allowed compensation for such employment.

      Sec. 3.  Any violation of this act shall constitute a misdemeanor, and upon conviction shall subject the person found guilty to a fine of not less than $100 nor more than $1,000, or to imprisonment in the county jail for not less than thirty days nor more than six months, or to both such fine and imprisonment.

 

________

 

CHAPTER 20

 

 

 

 

 

 

 

 

 

Amending revenue act

 

Fortune-tellers, etc., must pay license

Chap. 20–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada and to repeal certain acts relating thereto,” approved March 23, 1891.

 

[Approved February 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding a section numbered 123 1/2, as follows:

      Section 123 1/2.  Every fortune-teller, clairvoyant, palmist, or medium charging, collecting, or receiving any consideration, or any thing of value, for his or her services, directly or indirectly, shall pay a license of $25 the month, or $50 the quarter; provided, that the terms herein used include every person or persons who read or purport to read, or to tell fortunes, or to predict or to tell the future or past by cards, palmistry, clairvoyancy, or other methods.

 

________

 

CHAPTER 21

 

 

 

 

 

 

 

 

Penalty for school teachers repealed

Chap. 21–An Act to amend an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911.

 

[Approved February 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 109 of the above-entitled act, being section 3348 of the Revised Laws of Nevada, is hereby repealed.

 

________

 

 


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κ1915 Statutes of Nevada, Page 19κ

CHAPTER 22

Chap. 22–An Act fixing the allowance for expenses of any state officer, commissioner, or other employee while traveling, or at destination, on official business.

 

[Approved February 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The maximum amount of expense money per day for personal uses, allowed to any individual officer or commissioner, or other employee of the state, while traveling, or at his destination, on official business for the State of Nevada, shall not exceed the sum of five dollars per day; provided, that nothing in this act shall be construed to include the cost of seats or sleeping-berths in railway trains, railroad fare, stage fare, automobile hire or fare, team or horse hire, bus, or streetcar fare, or transportation charges of any kind whatsoever.

      Sec. 2.  Paid vouchers for each item must accompany each expense account when presented to the board of examiners for approval.

      Sec. 3.  All acts or parts of acts in conflict with this act are hereby repealed.

      Sec. 4.  This act shall take effect upon its passage and approval.

 

 

 

 

 

 

 

 

Public officials limited in subsistence expenses

 

Exceptions

 

 

 

Vouchers required

 

Repeal

Immediate effect

 

________

 

CHAPTER 23

Chap. 23–An Act fixing the salaries and compensation of the officers of Eureka County, and repealing all acts or parts of acts in conflict with this act.

 

[Approved February 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the approval of this act the county officers of Eureka County, State of Nevada, named in this act, shall receive the following salaries and fees, in full compensation for their services:

      The sheriff shall receive a salary of one thousand eight hundred dollars per annum, and such fees in civil cases, wherein the State of Nevada or the county of Eureka is not a party, as are provided for by law; provided, that when in criminal cases it becomes necessary for the sheriff to travel a greater distance than twenty miles from the county-seat, but within the State of Nevada, he shall be allowed his necessary traveling expenses. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the same manner as other county expenses are audited and paid. He may appoint a deputy sheriff, who shall act as jailer, at a compensation not exceeding ninety dollars per month.

 

 

 

 

 

 

 

 

Salaries of Eureka County officers

 

Sheriff


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κ1915 Statutes of Nevada, Page 20 (CHAPTER 23)κ

 

 

District attorney

 

 

 

 

 

 

 

Clerk

 

 

 

 

 

Recorder

 

 

 

Assessor

 

 

 

 

 

 

Commissioners

 

 

 

 

 

Allowances restricted

 

 

Salaries payable monthly

shall act as jailer, at a compensation not exceeding ninety dollars per month.

      The district attorney shall receive a salary of one thousand eight hundred dollars per annum, and such fees as are now allowed by law; provided, that when in proper discharge of his duties as district attorney it becomes necessary to travel a greater distance than twenty miles from the county-seat, he shall be allowed his actual traveling expenses. The district attorney shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the same manner as other expenses are audited and allowed.

      The county clerk, who shall be ex officio county treasurer in and for said county and ex officio clerk of the district court and of the board of county commissioners of said county, shall receive as a salary as treasurer the sum of one thousand two hundred dollars per annum, and as clerk a salary of six hundred dollars per annum, and such fees, in all cases wherein the State of Nevada or the county of Eureka is not a party, as are now allowed by law to county clerks.

      The county recorder and ex officio county auditor shall receive for all such services a salary of one thousand five hundred dollars per annum, and in addition thereto such fees, in all cases wherein the State of Nevada or the county of Eureka is not a party, as are now allowed by law to the county recorder.

      The county assessor shall receive a salary of one thousand eight hundred dollars per annum; provided, that when in the proper discharge of his duties as assessor it becomes necessary to travel a greater distance than three miles from the county-seat, he shall be allowed his actual traveling expenses. The assessor shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the same manner as other expenses are audited and allowed.

      The county commissioners shall receive a salary of six hundred dollars per annum and ten cents per mile in going to and from the county-seat, when attending upon the regular monthly meetings, and when meeting as a board of equalization and board of canvassers, and when meeting to consider cases of extradition, as provided by law, and they shall meet regularly on the first Monday of each month for the transaction of all business that may come before them.

      Sec. 2.  No allowance shall be made by the board of county commissioners for the compensation of any deputy or deputies for any officers except as herein expressly provided.

      Sec. 3.  All salaries herein provided for and not otherwise payable shall be payable in twelve equal monthly installments. The county auditor shall, on the first Monday of each month, draw his warrant in favor of each of the officers herein named for the salary due each officer for the last preceding month, and the county treasurer shall pay such warrant out of the salary fund.


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κ1915 Statutes of Nevada, Page 21 (CHAPTER 23)κ

 

for the salary due each officer for the last preceding month, and the county treasurer shall pay such warrant out of the salary fund.

      Sec. 4.  All acts and parts of acts in conflict with this act are hereby repealed.

 

 

Repeal

 

________

 

CHAPTER 24

Chap. 24–An Act to create a legislative fund.

 

[Approved February 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the officers and attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money in the general fund not otherwise especially appropriated, the sum of forty-five thousand dollars, which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members, officers, and attaches of the senate and assembly, for per diem, mileage, stationery allowance, compensation, and incidental expenses of the respective houses, when properly certified to, in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund, at the adjournment of the legislature, shall revert to the general fund.

 

 

 

 

 

 

 

Legislative appropriation, $45,000

 

 

 

 

Duties of controller and treasurer

 

 

 

Residue to revert

 

________

 

CHAPTER 25

Chap. 25–An Act for the relief of certain persons, firms, associations, and corporations, who advanced funds for the construction of the Nevada school of industry, in the town of Elko, State of Nevada, and authorizing the repayment of the same by the town of Elko, State of Nevada.

 

[Approved February 17, 1915]

 

      Whereas, During the twenty-sixth session of the legislature of Nevada, an act entitled “An act establishing a state institution for delinquent boys, providing for the purchase of a site, erection of buildings, organizing the government of said school, and providing for the maintenance thereof, and creating a tax levy to raise funds for such purposes,” approved March 26, 1913, was passed, creating a Nevada school of industry and a commission for the construction of said school and the government thereof, and conditioned that the Nevada school of industry, therein created, should be located in the county of Elko, State of Nevada, upon land deeded to the state, without charge, and upon the payment to the commission, by the citizens of Elko, of the sum of five thousand dollars; and

 

 

 

 

 

 

 

Preamble


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κ1915 Statutes of Nevada, Page 22 (CHAPTER 25)κ

 

Preamble

 

 

 

 

 

Persons advancing money for Nevada school of industry

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Town of Elko to reimburse persons advancing money for Nevada school of industry

 

Persons and sums named

      Whereas, The commission provided in said act was duly appointed, and the conditions set forth in said act were duly complied with, and said school has been constructed; and

      Whereas, No authority had been provided by which the said town of Elko could appropriate the said five thousand dollars; and

      Whereas, In order not to delay the construction of said building, the following-named persons, firms, associations, and corporations paid and advanced to the said commission the said sum of five thousand dollars, as is hereafter more particularly set forth, to wit: W. T. Smith Company, $250; Elko Lumber Company, $250; A. G. McBride, $250; R. H. Mallett, $250; Guy Saval, $250; A. W. Hesson Company, $250; Chris Eshleman, $250; Doctors Hood & West, $250; L. J. Wintermantel Company, $250; Elko Hide and Junk Company, $250; Mayer Hotel Company, $250; George Russell, $250; Elko Automobile Company, $250; E. M. Steninger, $250; Sutherland & McFarlane, $250; Engler Company, $250; E. Dotta, $250; Thomas Hunter, $250; First National Bank of Elko, $250; and Henderson Banking Company, $250; and

      Whereas, Said sums were so advanced and paid, with the understanding that the same would be a charge against the town of Elko, State of Nevada, and be repaid by said town, as soon as an enabling act should be enacted by the legislature of the State of Nevada: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  That the board of county commissioners of the county of Elko, State of Nevada, acting as the town board of Elko, be, and it is, hereby authorized, empowered and directed, as soon as there be sufficient funds in the town fund of the town of Elko, State of Nevada, upon presentation and proof that said sums have been paid to the commission for the establishment of the Nevada school of industry, to approve and allow on said fund, the claim of W. T. Smith Company, for the sum of two hundred fifty dollars ($250); the claim of Elko Lumber Company, for two hundred fifty dollars ($250); the claim of A. G. McBride, for the sum of two hundred fifty dollars ($250); the claim of R. H. Mallett, for the sum of two hundred fifty dollars ($250); the claim of Guy Saval, for the sum of two hundred fifty dollars ($250); the claim of A. W. Hesson Company, for the sum of two hundred fifty dollars ($250); the claim of Chris Eshleman, for the sum of two hundred fifty dollars ($250); the claim of Doctors Hood & West, for the sum of two hundred fifty dollars ($250); the claim of L. J. Wintermantel Company, for the sum of two hundred fifty dollars ($250); the claim of Elko Hide and Junk Company, for the sum of two hundred fifty dollars ($250); the claim of Mayer Hotel Company, for the sum of two hundred fifty dollars ($250); the claim of George Russell, for the sum of two hundred fifty dollars ($250); the claim of Elko Automobile Company, for two hundred fifty dollars ($250);


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κ1915 Statutes of Nevada, Page 23 (CHAPTER 25)κ

 

claim of Elko Automobile Company, for two hundred fifty dollars ($250); the claim of E. M. Steninger, for the sum of two hundred fifty dollars ($250); the claim of Sutherland & McFarlane, for the sum of two hundred fifty dollars ($250); the claim of Engler Company, for the sum of two hundred fifty dollars ($250); the claim of E. Dotta, for the sum of two hundred fifty dollars ($250); the claim of Thomas Hunter, for the sum of two hundred fifty dollars ($250); the claim of First National Bank of Elko, for the sum of two hundred fifty dollars ($250); and the claim of the Henderson Banking Company, for the sum of two hundred fifty dollars ($250).

      Sec. 2.  After the approval and allowance of said amounts, or any of them, by the said board of county commissioners of the county of Elko, State of Nevada, acting as a town board, the auditor of the county of Elko, State of Nevada, is hereby directed and required to draw his warrant in favor of the persons, firms, associations, and corporations above named, for the amounts specified in this act; and the treasurer of the county of Elko, State of Nevada, is hereby directed and required to pay the same from the town fund.

 

 

 

 

 

 

 

 

Money to come from town fund of Elko

 

________

 

CHAPTER 26

Chap. 26–An Act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof.

 

[Approved February 20, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any association or corporation formed for the purpose of racing and breeding or improving the breed of horses and conducting races and contests of speed between horses shall have the right and power, subject to the provisions of this act, to hold one or more race meetings in each year and to hold, maintain and conduct horse-races at such meetings. At such meetings the corporation or association or the owners of the horses engaged in such races, or others who are not participants in the racing, may contribute purses, prizes, premiums, or stakes to be contested for; but no person or persons other than the owners of a horse or horses contesting in a race shall have any pecuniary interest in a purse, prize, premium, or stakes contested for in such races or be entitled to or receive any portion thereof after such races shall have been finished; and the whole of such purse, prize, premium, or stakes shall be allotted in accordance with the terms and conditions of such race.

      Sec. 2.  Such race meetings shall not exceed thirty days racing, nor shall any meeting be given where bookmaking is allowed, nor shall any person, association, or corporation furnish to poolrooms or their agents any information whatever in regard to racing, or permit to be furnished from any course or premises any such information.

 

 

 

 

 

 

 

 

 

Horse-races permitted under restrictions

 

 

 

 

 

 

 

 

 

 

Term of meetings limited; other restrictions


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κ1915 Statutes of Nevada, Page 24 (CHAPTER 26)κ

 

 

 

Bookmaking and information to poolrooms prohibited

 

Penalty

 

 

No Sunday racing

 

State racing commission established; personnel of same

 

 

 

Commission to appoint secretary

 

 

Salary

 

 

Biennial report

 

 

 

Commission to prescribe rules for horse-racing

 

License for racing

 

 

 

License revoked, when

in regard to racing, or permit to be furnished from any course or premises any such information. Any person, association, or corporation who shall conduct any race meeting contrary to the provisions of this act, or engage in bookmaking on horseraces, or furnish or allow to be furnished any information whatever to poolrooms contrary to this act, are hereby declared to be guilty of a misdemeanor; and any person, association, or corporation acting or aiding them shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than five hundred dollars nor more than one thousand dollars, or be imprisoned in the county jail for a period of not less than thirty days nor more than six months, or by both such fine and imprisonment.

      Sec. 3.  No horse-races are authorized or shall be permitted between sunset and sunrise or on Sundays.

      Sec. 4.  A state racing commission is hereby established to consist of three persons to be appointed by the governor, within twenty days after this law shall be in force. The members of said commission shall hold their offices for a term of four years; provided, that the commissioners first appointed shall determine, by lot, one of themselves to go out of office at the end of each two years. The successor of each commissioner so going out of office shall hold office for the full term of four years.

      Sec. 5.  Such commission shall appoint a secretary who shall serve during its pleasure, whose duty it shall be to keep a full and faithful record of its proceedings, and preserve at its general office all books, maps, documents, and papers entrusted to its care, and perform such other duties as the commission shall prescribe. He shall be paid a salary to be fixed by the commission at a rate not exceeding eighteen hundred dollars per annum, which, together with other expenses of the commission, shall be paid by the racing corporations or associations who shall obtain licenses from said commission. The commission shall biennially make a full report to the governor of its proceedings for the two-year period ending with the first day of January preceding the meeting of the legislature, and shall embody therein such suggestions and recommendations as it shall deem desirable.

      Sec. 6.  Such commission shall have the power to prescribe the rules, regulations, and conditions under which horse-races shall be conducted in this state, and no races shall be conducted except by an association or corporation duly licensed by said commission as herein provided. Any association or corporation desiring to conduct such racing may apply to the state racing commission for a license so to do. The commission may, in in its discretion, grant the same for not to exceed one year, and every such license shall contain a condition that all races or race meetings conducted thereunder shall be subjected to the rules, regulations, and conditions from time to time prescribed by the commission, and shall be revocable by the commission for any violation thereof, or whenever the continuance of such license shall be deemed by the commission not conducive to the interests of legitimate racing.


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κ1915 Statutes of Nevada, Page 25 (CHAPTER 26)κ

 

license shall be deemed by the commission not conducive to the interests of legitimate racing. But if said license is refused or revoked said commission shall cause its reasons for so doing to be written in full in the minute books of said commission, which books shall at all times be open to inspection by any one. The refusal of the commission to grant to any racing association or corporation a license, or to assign a racing association or corporation at least sixty days in each year, if desired, for racing at such place as such association or corporation may desire and the decision of such commission revoking any license of any association or corporation shall be subject to review of the courts of this state.

      Sec. 7.  Every race meeting held or conducted, except as allowed by this act, is hereby declared to be a public nuisance, and every person acting or aiding therein shall be deemed guilty of a misdemeanor and punished by a fine of not less than five hundred dollars nor more than one thousand dollars for each day of such meeting and racing; and a restraining order may issue against any proposed unauthorized race meeting at the suit of the state racing commission.

      Sec. 8.  The provisions of this act relative to the payment to the said state racing commission of proportionate moneys to pay the expenses of conducting said commission shall not apply to race meetings conducted by any state fair association, agricultural society, county fair, or any other association to which state or county aid is given; and no such state fair association shall hold a race meeting for a period of more than twelve days in any one year; and no such agricultural society, county fair, or other association to which state or county aid is given shall hold a race meeting for a period of more than six days in any one year.

      Sec. 9.  Any association or corporation conducting horse-races in the State of Nevada where paris mutuals may be permitted shall take out such commissions from all moneys received from the sale of paris mutuals as may be prescribed by the state racing commission, not to exceed eight per cent; one-sixth of which shall be paid by said associations or corporations daily to the said state racing commission, and shall be paid by said state racing commission to the county treasurer of the various counties of the State of Nevada, and shall be prorated among them in proportion to the total mileage of the county roads in said counties, to be used by said counties for the building, improvement, and care of their roads and highways. It is hereby made the duty of the state racing commission, and they are hereby granted the power, to inspect the books of any such associations or corporations and to revoke their licenses unless the said books are fully, accurately, and fairly kept.

      Sec. 10.  It shall be unlawful for any person or persons to bribe, influence, or have any understanding or connivance with any jockey, owner, groom, or any one connected with any of the stables, horses, racing, or races at any race meeting, and any one violating this provision shall be guilty of a felony and upon conviction shall be imprisoned in the state prison for a period of not less than three years or more than ten years.

 

 

 

Revocation of license may be be reviewed by courts

 

 

 

Unauthorized race meetings public nuisance; penalty and restraining order

 

 

Certain provisions not to apply to state and county associations receiving public aid

 

State and county meetings limited

 

 

Paris mutuals to pay percentage to public treasuries for care of highways

 

 

 

Racing books may be inspected

 

 

Unlawful to bribe or influence jockeys, etc.


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κ1915 Statutes of Nevada, Page 26 (CHAPTER 26)κ

 

Penalty

one violating this provision shall be guilty of a felony and upon conviction shall be imprisoned in the state prison for a period of not less than three years or more than ten years.

 

________

 

CHAPTER 27

 

 

 

 

 

 

 

 

 

 

State fair to be held at Fallon, Churchill County

 

 

 

 

 

 

 

State not liable for premiums or debts

 

Repeal

Chap. 27–An Act to amend an act entitled “An act to provide for the management and control of the state agricultural society by the state,” approved March 7, 1885, 77.

 

[Approved February 20, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of an act entitled “An act to provide for the management and control of the state agricultural society by the state,” approved March 7, 1885, 77, is hereby amended so as to read as follows:

      Section 5.  The state board of agriculture shall be charged with the exclusive management and control of the state agricultural society as a state institution; shall have possession and care of its property, and be intrusted with the direction of its entire business and financial affairs. They shall define the duties of the secretary and treasurer, fix their bonds and compensation, and shall have power to make all necessary changes in the constitution and rules of the society to adapt the same to the provisions of this act, and to the management of the society, its meetings and exhibitions. They shall provide for an annual fair or exhibition by the society of all the industries and industrial products of the state at the city of Fallon, Churchill County, State of Nevada; provided, that in no event shall the state be liable for any premium awarded or debt created by said board of agriculture.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

CHAPTER 28

 

 

 

 

 

 

 

 

 

 

Amending divorce law

 

Divorce, how obtained

Chap. 28–An Act to amend section 22 of an act entitled “An act relating to marriage and divorce,” approved November 28, 1861, as said section has heretofore been amended, and particularly as amended by act approved February 15, 1875, and by act approved February 20, 1913.

 

[Approved February 23, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 22 of the said act of 1861, together with all amendments to and reenactments of said section, are hereby amended so as to read as follows:

      Section 22.  Divorce from the bonds of matrimony may be obtained, by complaint under oath, to the district court of the county in which the cause therefor shall have accrued, or in which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the county in which the parties last cohabited, or in which the plaintiff shall have resided six months before suit be brought, for the following causes:


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κ1915 Statutes of Nevada, Page 27 (CHAPTER 28)κ

 

which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the county in which the parties last cohabited, or in which the plaintiff shall have resided six months before suit be brought, for the following causes:

      First-Impotency at the time of the marriage continuing to the time of the divorce.

      Second-Adultery, since the marriage, remaining unforgiven.

      Third-Wilful desertion, at any time, of either party by the other, for the period of one year.

      Fourth-Conviction of felony or infamous crime.

      Fifth-Habitual gross drunkenness contracted since marriage of either party, which shall incapacitate such party from contributing his or her share to the support of the family.

      Sixth-Extreme cruelty in either party.

      Seventy-Neglect of the husband, for the period of one year, to provide the common necessaries of life, when such neglect is not the result of poverty on the part of the husband, which he could not avoid by ordinary industry.

      Sec. 2.  All acts or parts of acts in conflict with this act are hereby repealed.

 

Six months residence

 

Causes for divorce

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

________

 

CHAPTER 29

Chap. 29–An Act to provide for the consolidation of school districts, for the transportation of children to and from school, and other matters relating thereto.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any two or more adjacent school districts may unite for the purpose of establishing a single consolidated district.

      Sec. 2.  The process of uniting two or more school districts into a consolidated district shall be as follows: Upon receipt of a petition signed by a majority of the voters who are entitled to a vote at school elections, from each of the districts to be affected by the consolidation, the county commissioners of the county in which such districts are located shall cause a notice to be published for three consecutive weeks in a newspaper having general circulation throughout the county, which notice shall state fully the names of the districts proposing to consolidate, the boundaries of the proposed consolidated district, and shall set forth a day and hour at the next regular meeting of the board of county commissioners when the said board will canvass the signatures on each petition and hear statements that any of the residents of any of the districts to be affected by the consolidation may wish to make either for or against the proposition of consolidation. At the time set forth in the notice the county commissioners shall proceed to canvass the signatures on each petition,

 

 

 

 

 

 

 

 

 

School districts may consolidate

 

Method of consolidation

 

 

Notice to be published


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κ1915 Statutes of Nevada, Page 28 (CHAPTER 29)κ

 

County Commissioners to act upon receipt of petitions

 

 

 

 

 

 

 

Trustees of consolidated districts, how elected

 

 

 

 

 

 

 

Old districts disorganized, when

 

 

Contracts with drivers of school vehicles

 

 

 

Bond required of drivers

 

 

Funds for transportation of children

notice the county commissioners shall proceed to canvass the signatures on each petition, and if a majority of said board are satisfied that the petitions presented represent the will of a majority of the voters of each of the districts affected, they shall unite such districts into a single consolidated district, shall designate the said district as Consolidated School District No. ......., and shall designate a place at which the school trustees of the several districts united shall meet to hold an election. If three or more school districts are proposing to consolidate and a majority of the voters of any district are opposed to such consolidation, such district shall not be made a part of the consolidated district, but the county commissioners may consolidate such other districts as are affected by the consolidation without requiring new petitions.

      Sec. 3.  On the second Saturday after the consolidated district has been formed the trustees of the several districts which have consolidated shall meet at the place designated by the county commissioners as hereinbefore provided and shall elect by ballot three of their number to be trustees of the consolidated district and such trustees shall hold office until the next regular election of school trustees as now provided by law. A certified statement of the result of said election, together with the oaths of office of the trustees elected, shall be filed with the superintendent of the supervision district in which the consolidated district is located. In case such election is not held, the superintendent shall appoint the trustees. Upon the election or appointment of the trustees of the consolidated district, the districts which have consolidated shall each be considered disorganized and the offices of trustees of each of the several districts as no longer existing.

      Sec. 4.  And provided further, that the trustees of consolidated school districts shall require contracts with persons whom shall be of reputable character elected as drivers of vehicles used to transport children to school at the expense of the district. Such contracts shall state the time of the arrival at and the departure from the schoolhouse each day, the time such person is to act as driver of such vehicle unless released by agreement, the compensation of the driver and any other details that the trustees may designate. Before any driver of any school vehicle shall begin the duties of that position he shall furnish a bond of an amount equal to his total wages for the current term of school in which he shall be hired, which bond shall insure the faithful performance of his contract.

      Sec. 5.  To obtain funds for such transportation, the trustees shall, each year, make an estimate of the amount of money necessary to maintain such transportation for that year or for the next ensuing year or for both, and shall certify the amount to the county commissioners, who shall ascertain the necessary percentage on the property in said district as shown by the last assessment made thereof after equalization to raise the amount of money certified to and shall add it to the next county tax to be collected on the property aforesaid;


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κ1915 Statutes of Nevada, Page 29 (CHAPTER 29)κ

 

tax to be collected on the property aforesaid; and the same shall be paid into the county treasury in favor of said district and be kept as a separate fund to be known as Consolidated School District No. ........ Transportation Fund, to be drawn only for purposes of transportation of school children to and from school, and in the same manner as is now provided by law for drawing other school moneys; provided, that if the trustees shall certify to the county commissioners that such money is necessary for immediate use, the tax provided for in this section shall be due and payable to the treasurer of the county in the same manner as are all other taxes.

      Sec. 6.  The trustees of any school district, other than a consolidated district, shall provide transportation to and from school for all children living one mile or more therefrom in the manner provided in sections four and five of this act, if at any regular or special election held in the district the proposition of providing transportation for pupils to and from schools shall have been submitted to the qualified voters of the district and a majority of the votes cast shall have favored such transportation.

      Sec. 7.  In apportioning county and state school moneys to a consolidated school district the superintendent of public instruction shall apportion such moneys in the following manner:

      First-He shall ascertain from former records of the state or the county in which such consolidated district is located the number of districts that united to form the consolidated district, and the exact number of census children in all of those districts at the time of the annual school census last preceding the date of the consolidation. The number of census children thus found shall constitute the basis upon which such consolidated district shall receive its share of sixty per cent of the county school fund, and thirty per cent of the state school fund at all apportionments of state and county school moneys until the next regular school census is taken. Thereafter at each apportionment such consolidated district shall receive its share of sixty per cent of the county school fund, and thirty per cent of the state school fund upon the basis of the actual number of census children in such district as shown by the last preceding school census.

      Second-In determining the number of teachers that the consolidated district is entitled to receive state and county school moneys upon according to the law governing the apportionment of state and county school moneys to the several school districts of the state, the superintendent of public instruction shall determine the number of teachers that constituted the basis for apportioning state and county school moneys to each of the districts that united to form the consolidated district at the time of the apportionment of state and county school moneys last preceding the date of the consolidation. He shall determine the number of teachers that shall constitute the basis for apportioning state and county school moneys to any consolidated district by adding together the teachers thus found in the several districts that united to form the consolidation district;

 

 

 

 

Proviso

 

 

 

 

Certain children provided with transportation

 

 

Public moneys, how apportioned to consolidated districts

 

 

 

 

 

 

 

 

 

 

 

 

Same


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κ1915 Statutes of Nevada, Page 30 (CHAPTER 29)κ

 

Public moneys, how apportioned

 

 

 

 

 

 

 

Funds to accrue to consolidated district

 

 

Old debts, how disposed of

 

 

 

 

Property accrues to new district

 

 

 

 

 

School law to govern

 

Certain old districts entitled to privileges of this act

 

 

 

 

 

Repeal

moneys to any consolidated district by adding together the teachers thus found in the several districts that united to form the consolidation district; provided, that if at any future time the number of children in the consolidated district shall become such as to allow a larger number of teachers for apportionment purposes, according to the law governing such matters in other school districts of the state, the superintendent of public instruction shall apportion state and county school moneys to such consolidated district upon the actual number of teachers as determined by the general law of apportionment of state and county school moneys.

      Sec. 8.  All state and county school funds remaining to the credit of school districts that have become disorganized by uniting to form a consolidated district shall accrue to and be placed to the credit of the consolidated district of which the disorganized districts form a part.

      Sec. 9.  If any school district uniting to form a consolidated district shall have, at the time of its disorganization, a legally bonded indebtedness, such indebtedness shall attach to and become a charge against the territory comprised in the consolidated district, and it shall be the duty of the county commissioners of the county in which such territory is located to cause annually to be levied upon the property, real and personal, in such consolidated district, a tax sufficient to meet the interest and provide a sinking fund for the payment of such indebtedness.

      Sec. 10.  The school property of the disorganized districts shall, upon the organization of the consolidated district, be and become the property of the said consolidated district and the board of trustees of said district is hereby authorized to use said property in carrying out the school work of the consolidated district or to sell or dispose of it in the manner now provided by law for the disposition of school property and for the best interests of the said district.

      Sec. 11.  In all matters relating to consolidated school districts, not provided for in the preceding sections of this act, the law relating to other school districts shall be in force where said laws are applicable.

      Sec. 11a.  All school districts in the State of Nevada that shall have been transporting school children to the schoolhouse at the expense of the school district at the time of the passage of this act shall be entitled to all the privileges given in this act to consolidated school districts, and after the passage of this act such districts as were transporting children to a school at the expense of the district at the time of the passage of this act shall thereafter be designated as consolidated districts, and shall come under all the rules, laws and regulations of this act.

      Sec. 12.  All acts and parts of acts in so far as they conflict with the provisions of this act are hereby repealed.

 

________

 

 


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κ1915 Statutes of Nevada, Page 31κ

CHAPTER 30

Chap. 30–An Act to amend section 253 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and as amended March 21, 1913.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 253 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and as amended March 21, 1913, is hereby amended so as to read as follows:

      Section 253.  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, seven-and-a-half, twenty-one, hokey-pokey, craps, klondyke, 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, save and except that any and all racing associations and corporations which shall obtain license to conduct race meetings in the State of Nevada, pursuant to law, may carry on and permit within the inclosure where horse-racing is held, betting upon the races conducted within said inclosure by and through the paris mutual system of betting; and any person who violates any of the above provisions 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 nor more than five years. Every person who shall play at any game whatsoever, other than those hereinabove excepted, for money, property or gain, with cards, dice or any other device which may be adapted to or used in playing any game of chance, or in which chance is a material element, or who shall bet or wager on the hands or cards or sides of such as do play as aforesaid, shall be deemed guilty of a misdemeanor; provided, however, that nothing in this paragraph shall be construed as prohibiting social games played only for drinks and cigars served individually, or for prizes of a value not to exceed two dollars, nor nickel-in-the-slot machines for the sale of cigars and drinks and no play-back allowed.

 

 

 

 

 

 

 

 

 

Amending crimes and punishments act

 

Certain gambling games prohibited

 

 

 

 

 

 

 

 

Certain horse-races included

 

 

 

 

 

 

 

 

 

Penalty-misdemeanor

 

Certain social games excepted

 

________

 

 


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κ1915 Statutes of Nevada, Page 32κ

CHAPTER 31

 

 

 

 

 

 

 

 

Amending banking act

 

 

Banks prohibited from investing capital in certain ways

 

 

 

 

 

 

 

Does not preclude banks from investing in federal reserve banks

 

 

 

Bank may sell any collateral security

Chap. 31–An Act to amend section thirteen of an act entitled “An act to regulate banking, and other matters relating thereto,” approved March 22, 1911.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 13 of an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911, is hereby amended to read as follows:

      Section 13.  No bank shall employ its moneys, directly or indirectly, in trade or commerce by buying or selling goods, chattel wares, or merchandise, and shall not invest any of its funds in the stock of any bank or trust company or corporation, nor make any loans or discounts upon the security or 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 twelve months from the time of its purchase, be sold or disposed of at public or private sale; after the expiration of twelve months any such stock shall not be considered as part of the assets of any bank or trust company; provided, however, that nothing in this section nor in this act shall be deemed to prohibit banks from subscribing to, purchasing, or becoming the owners of stock in federal reserve banks as established by act of Congress of the United States, approved December 23, 1913, or any branch thereof; and all banks doing business under and by virtue of the laws of this state are hereby expressly permitted and authorized to subscribe for and purchase stock of federal reserve banks and become members of any reserve bank; provided further, that any bank may sell or become the owner of any 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, and if there be no such contract, then collateral security may be sold in the manner provided by law.

 

________

 

CHAPTER 32

 

 

 

 

 

 

 

 

 

 

Amending crimes and punishments act

Chap. 32–An Act amending section 354 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911; effective January 1, 1912.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 354 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911; effective January 1, 1912, is hereby amended so as to read as follows:


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κ1915 Statutes of Nevada, Page 33 (CHAPTER 32)κ

 

      Section 354.  Every-

      1.  Idle or dissolute person, without visible or known means of living, who has the physical ability to work, and who does not for the space of ten days make proper inquiry for, and use due diligence to seek, employment or labor, when employment is offered him; or

      2.  Idle or dissolute person who roams about the country from place to place without any lawful business; or

      3.  Healthy beggar who solicits alms as a business; or

      4.  Person who makes a practice of going from house to house, begging food, money, or other articles, or seeks admission to such houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises; or

      5.  Idle or dissolute person or associate of known thieves who wanders about the streets at late or unusual hours of the night, or prowls around dark alleys, by-ways, and other dark or unfrequented places at any hour of the night without any legitimate business in so doing; or

      6.  Idle or dissolute person who lodges in any barn, shed, shop, outhouse, or place other than that kept for lodging purposes, without the permission of the owner or person entitled to the possession thereof; or

      7.  Common drunkard who is in the habit of lying around the streets, alleys, sidewalks, saloons, barrooms, or other public places in a state of intoxication; or

      8.  Pimp, panderer, procurer, or procuress; or

      9.  Male person who lives in and about houses of prostitution, or solicits for any prostitute or house of prostitution; or

      10.  Female person known as a “street walker,” or common prostitute, who shall, upon the public streets, or in or about any public place or assemblage, or in any saloon, barroom, clubroom, or any other public or general place of resort for men, or anywhere within the sight or hearing of ladies or children, conduct or behave herself in an immodest, drunken, indecent, profane, or obscene manner, either by actions, language, or improper exposure of her person; or

      11.  Boy or male person under the age of twenty-one years, who habitually remains away from his home or place of residence after the hour of 9 o’clock p. m., without some lawful and necessary business, or other imperative duty, or good and sufficient reason or cause for such absence from home after such hour, or his own amusement and pastime, without any legitimate business for so doing, frequents and passes his time in any billiard-room or other place where any such games are played, or any saloon or other place where intoxicating liquor is sold or drank; or who at any hour of the night or day, for his own amusement and pastime, without any legitimate business for so doing, frequents or loafs around any low den, house, or other place of vice, infamy, or immorality, where known thieves and other vicious and infamous persons resort or congregate;

 

Defining “vagrant”


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κ1915 Statutes of Nevada, Page 34 (CHAPTER 32)κ

 

Defining “vagrant”

 

 

 

 

 

 

 

 

 

 

 

Penalty

 

Repeal

thieves and other vicious and infamous persons resort or congregate; or who at any hour of the night, either alone or otherwise, prowls about the streets or town, disturbing the peace and quiet of the neighborhood by loud or unnecessary noise, or committing petty depredations, tricks or pranks, upon the person or property of other people, or by abusive, obscene, or insulting language, or by any manner of rowdyism whatsoever, disturbs or annoys the passersby, any lawful assemblage of persons, or the neighborhood at large; or

      12.  Person who keeps a place where lost or stolen property is concealed; or

      13.  Person who solicits or procures, or who attempts to solicit or procure, money, or other thing of value, by falsely pretending or representing himself or herself to be blind, deaf, dumb, without arms or legs, or to be otherwise physically deficient or suffering any physical defect or infirmity-

Is a vagrant, and shall be punished by imprisonment in the county jail for not more than three months, or by a fine of not more than three hundred dollars, or both.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 33

 

 

 

 

 

 

 

 

 

 

Vestrymen in Protestant Episcopal church, how elected

Chap. 33–An Act to amend section two of an act entitled “An act for the incorporation of the Protestant Episcopal churches in the United States of America in the Territory of Nevada,” approved December 19, 1862.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of an act entitled “An act for the incorporation of the Protestant Episcopal churches in the United States of America in the Territory of Nevada,” approved December 19, 1862, is hereby amended so as to read as follows:

      Section 2.  It shall be lawful for all persons, over the age of eighteen years, of any church or congregation in communion with the Protestant Episcopal church, in this territory, who shall have belonged to such church or congregation for the last six months preceding such election, and who shall have been baptized in the Episcopal church, or who shall have been received therein, either by the rite of confirmation, or by receiving the holy communion, or by purchasing or hiring a pew or seat in said church, or by some joint act of the parties and of the rector whereby they shall have attached themselves to the Protestant Episcopal church, and who are not already incorporated, at any time to meet for the purpose of incorporating themselves under this act, and by a majority of voices, to elect two church wardens, and not less than three nor more than twelve vestrymen, and to determine upon what day of the week called Easter week the said officers,


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κ1915 Statutes of Nevada, Page 35 (CHAPTER 33)κ

 

the week called Easter week the said officers, called church wardens and vestrymen, shall annually thereafter cease, and their successors in office be chosen; of which first election notice shall be given, in the time of morning service, on two Sundays previous thereto, by the rector; or, if there be none, or he be necessarily absent, then by any other person belonging to such church or congregation, and the said rector, or if there be none, or he be necessarily absent, then any other person called to the chair shall preside at such first election, and, together with two other persons duly selected, shall make a certificate, under their hands and seals, of the church wardens and vestrymen so elected, of the day of Easter week so fixed upon for the annual election of their successors, and of the name or title by which such church or congregation shall be known in law; which certificate being duly acknowledged and proved by one or more of the subscribing witnesses, before the judge of any court of competent jurisdiction in the county where such church or place of worship of such congregation shall be situated, shall be recorded in the office of the recorder of such county. Nothing in this act shall be held to exclude women, qualified as aforesaid, from serving as members of the vestry; provided, that not more than one-half of the membership of the vestry may be women.

Time, Easter week

 

 

 

 

 

 

 

 

 

 

 

 

 

Women may be elected

 

________

 

CHAPTER 34

Chap. 34–An Act to amend an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 105 of an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907, shall be and the same is hereby amended so as to read as follows, to wit:

      Section 105.  Whenever one-fourth of the legal voters of any city now existing or hereafter created, whether by general or special law, shall petition the district court in and for the county wherein such corporation is situated for the disincorporation of said city, it shall cause to be published, for at least thirty days, a notice stating the question of disincorporating such corporation will be submitted to the legal voters of the same at the next municipal election, and the form of the ballot shall be “For Disincorporation” or “Against Disincorporation.”

 

 

 

 

 

 

 

 

 

 

 

Cities may be disincorporated at referendum election


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κ1915 Statutes of Nevada, Page 36 (CHAPTER 34)κ

 

Ballot

same at the next municipal election, and the form of the ballot shall be “For Disincorporation” or “Against Disincorporation.” Not more than one of such elections shall be held in two years.

 

________

 

CHAPTER 35

 

 

 

 

 

 

 

 

 

 

What constitutes a valid will

 

 

 

 

In effect

Chap. 35–An Act to amend section three of an act entitled “An act concerning wills,” approved December 19, 1862.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  No will, executed in this state, except such nuncupative wills as are mentioned in this act and except such holographic wills as are mentioned in an act entitled “An act relating to holographic wills,” approved March 20, 1895, shall be valid, unless it be in writing, and signed by the testator, or by some person in his presence, and by his express direction, and attested by at least two competent witnesses, subscribing their names to the will in the presence of the testator.

      Sec. 2.  This act shall take effect immediately.

 

________

 

CHAPTER 36

 

 

 

 

 

 

 

 

When wills are deemed legally executed

 

 

 

Uniformity with laws of other states

In effect

Chap. 36–An Act relative to wills executed without this state, and to promote uniformity among the states in that respect.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  A last will and testament, executed without this state in the mode prescribed by the law, either of the state where executed, or of the testator’s domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the law of this state; provided, said last will and testament is in writing and subscribed by the testator.

      Sec. 2.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

      Sec. 3.  This act shall take effect immediately.

 

________

 

 


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κ1915 Statutes of Nevada, Page 37κ

CHAPTER 37

Chap. 37–An Act to regulate the salary and compensation of the justices of the peace and constables in the county of Elko, State of Nevada.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  On petition to the board of county commissioners of Elko County, Nevada, of sixty per cent of the qualified voters of any precinct in the county of Elko, State of Nevada, said number to be determined from the list of registered voters who registered for the last preceding general election, the said board of county commissioners shall place the offices of justice of the peace and constable within that precinct on a salary basis; the justice of the peace to receive not to exceed fifty ($50) dollars per month, and the constable not in excess of seventy-five ($75) dollars per month, to be paid out of the general fund of said Elko County; provided, however, that nothing in this act shall apply to precincts in which the registration is less than one hundred voters, or affect present officers whose salary is fixed by legislative enactment.

      Sec. 2.  All acts or parts of acts in conflict with this act are hereby repealed.

 

 

 

 

 

 

 

 

Justices of the peace and constables, Elko County, salaries

 

 

 

 

 

Exceptions

 

 

Repeal

 

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CHAPTER 38

Chap. 38–An Act to amend sections 2, 3, and 5 of article III, sections 3, 4, 5, 7, and 10 of article XII, section 1 of article XVI, and section 1 of article XIX 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 on March 28, 1907, March 24, 1909, March 31, 1909, February 1, 1911, March 10, 1911, March 18, 1911, March 24, 1913, and March 25, 1913.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of article III of said act is hereby amended so as to read as follows:

      Section 2.  The mayor, with the city clerk, or some member of the city council, may, alone or in conjunction with the board of county commissioners of Washoe County, at least once each month, count the cash in the city treasury and see that such count corresponds with the books of the treasurer and auditor, and report the result to the city council. He shall see that all contracts are faithfully kept and fully performed, and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended. He shall have the power to suspend any appointive officer for dereliction, neglect, or nonperformance of duty, and report such action and cause therefor to the city council at the first subsequent regular meeting, and if the city council by a majority vote of all the members elected approve the suspension, such office shall be declared vacant.

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending Reno charter

 

Various duties of mayor


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κ1915 Statutes of Nevada, Page 38 (CHAPTER 38)κ

 

 

 

 

 

 

 

Mayor’s duties

 

 

Vote in case of tie

 

 

 

 

Veto power

 

 

 

 

 

 

Mayor nominates appointive officers

 

 

 

 

 

 

Vacancies, councilmen, how filled

 

 

 

 

 

Proviso

of duty, and report such action and cause therefor to the city council at the first subsequent regular meeting, and if the city council by a majority vote of all the members elected approve the suspension, such office shall be declared vacant. If a majority vote of all the members elected be against such approval, such suspension shall be revoked.

      Sec. 2.  Section 3 of said article III is hereby amended so as to read as follows:

      Section 3.  The mayor shall preside over the city council when in session and shall preserve order and decorum among the members and enforce the rules of the city council, and determine the order of business, subject to such rules, and to appeal to the city council. He shall not be entitled to a vote except in case of a tie, when he shall have a casting vote. The mayor may exercise the right of veto upon all matters passed by the city council and it shall require a three-fourths vote of all the members elected to the city council to pass any matter receiving the mayor’s veto. No resolution or contract requiring the payment of money, or any ordinance, shall go into force or have any effect until approved by the mayor; provided, if the mayor do not approve such resolution, contract, or ordinance so submitted, he must, within five days from the receipt thereof, return the same to the city clerk with his reasons in writing for not approving it, and if the mayor do not so return it, such resolution or contract shall thereupon go into effect and such ordinance become a law in like manner and with the same effect as if the same had been approved by the mayor.

      Sec. 3.  Section 5 of said article III is hereby amended so as to read as follows:

      Section 5.  The mayor shall, subject to confirmation by the city council, appoint all officers of the city whose election or appointment is not otherwise provided for in this charter or by law. The mayor must nominate such appointments to the city council at the first subsequent meeting, and in case the person so nominated is not confirmed by a majority vote of all the members elected, the mayor shall nominate another, and so on until the place is filled.

      Sec. 4.  Section 3 of article XII of said act is hereby amended so as to read as follows:

      Section 3.  Any vacancy occurring in the office of councilman shall be filled by the mayor and city council at the first regular meeting after such vacancy, when the mayor shall, subject to confirmation by the city council, appoint some person possessing the requisite qualifications as hereinbefore prescribed, and in case the person so nominated is not confirmed by a majority vote of all the members elected, the mayor shall nominate another and so on until the place is filled. The person so appointed shall hold said office until the election and qualification of a councilman therefor at the next general city election; provided, that if a vacancy shall occur at any time during the first two years of any four-year-term councilman, the mayor and city council shall elect some person possessing the requisite qualifications, to fill such office until the next general city election and until his successor is elected and qualified, at which said election the electors of the ward for which such vacancy occurred shall elect some person possessing the requisite qualifications, who shall serve out the balance of the term, as provided in the preceding section.


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κ1915 Statutes of Nevada, Page 39 (CHAPTER 38)κ

 

shall occur at any time during the first two years of any four-year-term councilman, the mayor and city council shall elect some person possessing the requisite qualifications, to fill such office until the next general city election and until his successor is elected and qualified, at which said election the electors of the ward for which such vacancy occurred shall elect some person possessing the requisite qualifications, who shall serve out the balance of the term, as provided in the preceding section.

      Sec. 5.  Section 4 of article XII of said act is hereby amended so as to read as follows:

      Section 4.  A majority of all the members elected to the city council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time and, with the approval of the mayor, compel the attendance of the absent members. The city council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings and upon the call of any one member, or the mayor, must cause the ayes and nays to be taken and entered in its journal upon any question before it. Its deliberations, sessions, and proceedings must be public. The councilmen shall each receive a salary of six hundred dollars per annum from and after this act goes into effect.

      Sec. 6.  Section 5 of article XII of said act is hereby amended so as to read as follows:

      Section 5.  The city council shall hold its regular meetings on the second and fourth Mondays of each month and shall continue in session until the unfinished business of each regular meeting shall have been fully and finally disposed of as far as practicable. Special meetings may also be held on a call of the mayor, or by a majority of all the members elected to the city council; provided, that no ordinance shall be read or passed, or any claim allowed at such special meeting; and provided further, that no business shall be transacted at such special meeting except such as shall be stated in the call therefor.

      Sec. 7.  Section 7 of article XII of said act is hereby amended so as to read as follows:

      Section 7.  The style of ordinances shall be as follows: “The City Council of the City of Reno do ordain,” and all proposed ordinances, when first proposed, shall be read aloud, in full, to the city council, and then laid over until the next regular meeting for adoption or rejection. All ordinances shall be signed by the mayor and be published in full, together with the votes cast thereon, in some daily newspaper published in the city, for the period of at least one week, before the same shall go into effect, except as provided in section 10, subdivision second, article XII, of this charter.

      Sec. 8.  Section 10 of article XII of said act is hereby amended so as to read as follows:

 

 

 

 

 

 

 

 

 

 

Quorum of city council

 

 

 

 

 

Salary of councilmen

 

 

 

Regular and special meetings

 

 

 

 

 

 

 

 

Ordinances must be published


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κ1915 Statutes of Nevada, Page 40 (CHAPTER 38)κ

 

 

Duties of city council

 

To pass ordinances, etc.

 

 

 

 

 

Ordinances to be printed

 

 

 

Tax for sewage-disposal plant

 

 

 

 

 

 

Fund for interest and redemption of bonds

 

 

 

Concerning city property

 

Concerning streets, alleys, etc.

      Section 10.  The city council, among other things, shall have power:

      First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members.

      Second-To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution of the United States, or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city, and for making effective the provisions of this charter, and to cause to be compiled from time to time, not to exceed once in every two years, the charter and its amendments and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred copies shall be issued for general distribution within said city, at a reasonable price, in which said compilation the ordinances of the said city once passed and published as provided in section 7 of this article may be repealed, revised, amended, and validated without further publication.

      Third-To levy and collect annually for general purposes a tax of not to exceed three-quarters of one per cent upon the assessed value of all real and personal property within the city, and which is by law taxable for state and county purposes, fifteen per cent of which shall be set aside in a special fund to provide for a sewage disposal plant or system for the city, and for no other purpose, until such time as said sewage plant or system shall be actually installed and paid for; and in addition thereto to levy and collect annually a tax of not to exceed one-quarter of one per cent upon the assessed value of all real and personal property within the city, and which is by law taxable for state and county purposes, to provide a fund for the payment of the interest on the bonds of the city outstanding, and that may be lawfully issued and sold hereafter, and to provide a fund for the payment of the principal of such bond, and for the redemption thereof as they shall mature, and for no other purpose.

      Fourth-To sell, use, lease, improve, hold, and take care of the real estate and personal property of the city; provided, the city council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      Fifth-To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing and widening any highway, street, or alley, or otherwise improving same; also to provide by ordinance the improvement and preservation of the city parks, and the construction, repair, and preservation of the sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awning posts, show windows, and other things upon and over the sidewalks, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof, may divide the city into districts.


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κ1915 Statutes of Nevada, Page 41 (CHAPTER 38)κ

 

of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awning posts, show windows, and other things upon and over the sidewalks, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures, and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof, may divide the city into districts. Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine, may be paid from the general fund, street fund, or district street fund, from the proper street district, or the said cost, or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other lands as in the opinion of the city council may be benefited by the improvement. When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, or sidewalks and curbing, macadamizing, oiling, graveling, or grading any streets or alleys, or in any way improving the same, and defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public building or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council, or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or, if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment, in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessment, may assess such lots or such number of feet frontage as in their opinion would be just.

 

 

 

 

 

 

 

Expenses, how paid

 

 

 

 

 

 

 

 

 

 

Improvements declared by ordinance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assessment, how determined


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κ1915 Statutes of Nevada, Page 42 (CHAPTER 38)κ

 

 

 

 

City public buildings

 

 

 

 

 

 

 

Special assessments, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Estimates of expense by city engineer

and disproportionate to the assessment upon other lots, the city council, or assessor making the assessment, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz., for city hall and other public buildings for the use of the city, officers, engine-houses and structures for the fire department, water-works, city prison, levees and embankments, shall be paid from the proper general fund of the city; except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvements or repairs, in the laying of pavements, or constructing sidewalks, or in any way improving the streets in the city, and defray the whole or any part of the cost and expenses thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, or from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be upon the property according to the frontage, it shall be sufficient in said ordinance to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for two weeks at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements.


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κ1915 Statutes of Nevada, Page 43 (CHAPTER 38)κ

 

of the location of the improvement and of the district to be assessed, by publication for two weeks at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two-thirds of all the members elected to the city council. In all cases where the board of health or other officials of the city or the city council are authorized to so do, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may at their option refer the same to the city assessor and have the same assessed against such property. The cost and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds twenty per cent of the value of such lands as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that per cent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit, provided the contract shall not be made or awarded before the time herein stated. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement.

 

Notices of improvements to be posted

 

 

 

 

 

 

 

 

 

 

Cost of improvements limited

 

 

 

 

 

 

Contracts, when


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κ1915 Statutes of Nevada, Page 44 (CHAPTER 38)κ

 

 

 

 

Duties of city assessor

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City assessor to report to city council

 

Form of report

by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises, and portions of land to be assessed with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “unknown”; provided also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, or premises, and collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land or such relative portion of the whole amount to be levied, as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate and endorsed on the assessment roll as follows:

      State of Nevada, City of Reno, ss. To the City Council of the City of Reno: I hereby certify and report that the foregoing is the assessment roll, and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the costs of (e. g.) for paving Virginia street from First street to Fourth street in said city (as the case may be), (or constructing a sewer on Sierra street), (or as the case may be). That in making such assessment, I have as near as may be and according to my best judgment conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.


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κ1915 Statutes of Nevada, Page 45 (CHAPTER 38)κ

 

ing to my best judgment conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.

Dated Reno, Nevada,......................, A. D. 19.....

                                                                ................................., City Assessor.

      When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which, by the provisions of this act, the city council is authorized to charge and collect a special assessment against the same, and not being of that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or the premises upon or in respect to which the expense was incurred, or the name of the owner or person, if known, chargeable therewith, shall be reported to the city council in such manner as the city council shall present. And the provisions of the previous subdivisions with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision.

      The city council shall determine what amount or part of every expense shall be charged and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and as often as the city council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises and the persons chargeable therewith respectively to be reported by the city clerk to the city assessor for assessment.

      Upon receiving the report mentioned in the preceding subdivision the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. When any special assessment shall be reported by the city assessor to the city council as in this section and subdivision directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause notice to be published for two weeks at least in some newspaper of the city of the filing of the same with the city clerk, and appointing a time when the city council and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided for in this subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

 

 

 

 

Expenses, how met

 

 

 

 

 

 

 

 

 

 

 

 

 

Council to determine pro rata of expenses

 

 

 

 

City assessor to make special assessment roll


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κ1915 Statutes of Nevada, Page 46 (CHAPTER 38)κ

 

 

 

 

 

 

Notice of special assessment

 

 

 

 

 

 

 

 

 

 

Assessment reviewed

 

 

 

 

 

 

Clerk’s certificate

 

 

 

 

 

Two-thirds vote necessary for confirmation of assessment

subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

Notice of Special Assessment

 

      To (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment for the (e. g., paving Virginia street to Fourth street in said city), (or constructing a sewer on Sierra street between First street and Fifth street), or (as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Reno will meet in the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard.

Dated.................                                    ................................City Clerk.

      At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the city council may correct the same as to any assessment or description of the premises, appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation which shall be in the following words: “Special assessment roll for (describing fully what the assessment is for), as approved by the city council, the ............. day of .................................. (month), 19..... (affixing the time).

Dated.................                                    ................................City Clerk.”

      Sixth-When any special assessment roll shall be confirmed by the city council it shall be final and conclusive except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor, acting ex office city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll.


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κ1915 Statutes of Nevada, Page 47 (CHAPTER 38)κ

 

of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll when so endorsed and recorded shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land assessed and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment the amount thereof may be divided into not more than ten installments, one of which installments to be collected yearly, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven per cent.

      All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Reno in the same manner as any other action for money owed the city of Reno; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever and wherever the words justice court, justice of the peace, and constable are used in said civil practice act the same shall be held to mean police court, police judge, and chief of police, respectively, for the purposes of said action.

      Should any lots or lands be divided after a special assessment thereon shall have been confirmed, and divided into installments, and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of lands so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.

      Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid.

      Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.

 

Assessment roll prima facie evidence

 

 

Assessments lien on lands

 

 

 

 

Assessments, when payable

 

 

 

 

 

 

 

 

Assessor to apportion amounts, when

 

 

 

 

Deficit or surplus of assessment, how adjusted

 

 

New assessment, when


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κ1915 Statutes of Nevada, Page 48 (CHAPTER 38)κ

 

 

 

 

 

 

 

 

 

Lien of city not impaired

 

 

Annual installments, when

 

 

 

 

 

 

 

 

 

 

 

Auditor to extend roll

 

 

 

 

 

 

Proviso

purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessment in this act.

      Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises; and the assessment to that extent be deemed satisfied.

      No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.

      When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments as hereinbefore provided, the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed respectively, and the city council shall annually and at the same time the city tax levy is made continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made in a column for special assessments, and the county auditor, acting ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Reno from collecting any special assessment by suit in the name of the city of Reno in the manner in this subdivision before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.


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κ1915 Statutes of Nevada, Page 49 (CHAPTER 38)κ

 

the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or the premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.

      The city council of the city of Reno is hereby authorized and empowered to correct or amend the said special assessment roll, by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a two-thirds vote of all the members elected to the city council, and the said resolution, or a copy thereof certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made.

      In construing the fifth and sixth powers of section ten, article twelve, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers.

      Seventh-To organize, regulate, maintain, and disband a fire department, to provide for the extinguishment of fire and protection against the same; to regulate or prohibit the storage of gunpowder or other explosive, combustible, or inflammable material within, or transported through, the city, and to prescribe the distance from said city where the same may be stored, held, or kept; to regulate the selling, using, or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits and any designated portion thereof.

      Eighth-To determine, by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same by the city or at the expense of the parties creating, maintaining, causing, or committing such nuisances, and to provide for the penalty and punishment of the same.

      Ninth-To provide for safeguarding the health of the city. For this purpose, the city council may appoint a city board of health and by ordinance, prescribe its duties and powers, and provide that any violation of any order of the board of health shall be considered a misdemeanor.

      Tenth-To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged, or which may be held in any house, place, or enclosure where wines, spirituous, malt, vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements.

 

 

 

Informalities not to vitiate tax

 

 

 

 

Council may correct special assessment roll

 

 

 

 

 

 

Not to conflict

 

 

Fire precautions

 

 

 

 

 

 

To define nuisances

 

 

 

Health of city

 

 

 

To collect licenses on all businesses


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κ1915 Statutes of Nevada, Page 50 (CHAPTER 38)κ

 

To collect licenses on all businesses

all kinds for which an admission fee is charged, or which may be held in any house, place, or enclosure where wines, spirituous, malt, vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating-houses, lunch counters, barrooms, lodging-houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed-brick yards, street railway companies operating in whole or in part within the city. To fix, impose, and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress, all saloons, barrooms, gambling games, tippling houses, dram-shops, any and all places where intoxicating drinks are sold or given away, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed, or sale stables, cattle or horse corrals, foundries, and machine shops. To prohibit and suppress all dog-fights, prize-fights, cock-fights, bear, bull, or badger baits, sparring and sparring contests. To regulate, prohibit, prescribe the location of, and suppress, all houses of ill-fame, hurdy-gurdy houses, bawd houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions, such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every, and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, garages, repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life, and accident, and agents or solicitors for the same, surety companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barbershops, collection agencies, and collectors, carpet cleaners,


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κ1915 Statutes of Nevada, Page 51 (CHAPTER 38)κ

 

cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dress-making establishments, railroad, telegraph and telephone companies, stage companies, electric light, water, and power companies, bankers and brokers of any, every, and all kinds, electrical supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous, or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, or purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents or solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods stores of every, any, and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, or persons furnishing the same, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular, each and every, and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses, the city council must as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder, the city council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association, or corporation thus licensed.

      Eleventh-To fix, impose, and collect a license tax on, and regulate all saloons, barrooms, dram shops, bars, tippling houses, or places where spirituous, malt, vinous, or intoxicating liquors are sold or given away; and to limit the number of saloons and all other retail liquor licenses, and to revoke the same.

      Twelfth-To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles.

To collect licenses on all businesses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To regulate liquor traffic

 

 

Dog tax, vehicles, runners, etc.


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κ1915 Statutes of Nevada, Page 52 (CHAPTER 38)κ

 

 

 

 

 

 

 

To preserve peace

 

Chain gang

 

 

 

City elections

 

To curtail fast driving

 

 

 

 

 

 

 

Safety precautions

 

 

 

 

 

To examine city accounts

 

 

To fix amount of licenses

 

To make appropriations

coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress runners for hotels, taverns, or other business.

      Thirteenth-To prevent and restrain any riot or riotous assemblage or disorderly conduct within the city, and to provide for the punishment of the same.

      Fourteenth-To provide for the formation of a chain gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.

      Fifteenth-To provide for conducting all city elections, regular or special, establishing election precincts, changing the same, and appointing the necessary officers of election.

      Sixteenth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run within the city limits, and to prescribe the length of time any street may be obstructed by trains being made up or cars standing thereon, and to require railway companies, at the expense of said railway companies, either to erect safety gates and maintain the same, or to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the city council be necessary, and to require street railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public. And the city council of the city of Reno is hereby vested with full power and authority to exercise the right of eminent domain in all cases where the same is deemed necessary to condemn a right of way for street or other public purposes over and across any railroad right of way.

      Seventeenth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all accounts and claims against the city and to allow or reject the same or any part thereof.

      Eighteenth-To provide for the issuance of all licenses in this charter authorized and to fix the amount thereof and the times for, manner of and terms upon which the same shall be issued.

      Nineteenth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property and to determine the fee or salary of such officer or person, except as herein otherwise provided, to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same.


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κ1915 Statutes of Nevada, Page 53 (CHAPTER 38)κ

 

and to determine the fee or salary of such officer or person, except as herein otherwise provided, to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same.

      Twentieth-To control, enlarge, or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein and to prohibit them within the city limit, and to prescribe the distance from said limits, where the same may be located; and to provide for the issuance of burial or transit permits, and make a charge therefor.

      Twenty-first-To establish, lay out and change fire limits and regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits and to prevent the erection or construction of any buildings or sheds of other material; to regulate, prescribe the material of, and prohibit awnings, porches, signs, placards or billboards over sidewalks, or across streets, and to regulate the same throughout the city.

      Twenty-second-To provide by ordinance, for supplemental registration of all persons possessing the requisite qualifications of voters in said city and whose names do not appear on the official register of voters in said city for the next preceding general election; such supplemental registration may be had every two years, before the police judge, and conform as nearly as possible with the requirement of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be had or taken later than thirty days preceding any regular city election, and the registration books shall be closed at least ten days before the day of election.

      Twenty-third-To provide and maintain a city prison and provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners.

      Twenty-fourth-To prevent or regulate the running at large in the city any poultry, hogs, sheep, goats, swine, horses, cows, or animals; to establish and maintain a pound and to authorize the impounding, sale, or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.

      Twenty-fifth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles, and the suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.

      Twenty-sixth-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to layout, change, and create sewer districts;

 

 

 

Proviso

 

Cemeteries and burial of dead

 

 

 

Fire limits, etc.

 

 

 

 

 

 

Registration of city voters

 

 

 

 

 

 

 

City prison

 

To prevent animals running at large

 

 

Regulations of boilers, poles, etc.

 

To regulate safety of structures, etc.


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κ1915 Statutes of Nevada, Page 54 (CHAPTER 38)κ

 

To regulate safety of structures, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prevent overcrowding of public halls, etc.

 

 

Regulate pipe lines, etc.

 

 

 

 

 

Railways to repair and sprinkle streets

 

 

Abolish nauseous nuisances

struction and location of drains and sewers; to layout, change, and create sewer districts; to require connections with sewers; to require the owners, lessees or other persons in control or possession of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same, fire escapes and appliances for protection against the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the abating, removal, or cleansing, at the expense of the persons in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, debris, nauseous, stinking or foul privy vaults; and if after the city council has given written notice to the owner or agent of any lot or premises to clean the same of any accumulated rubbish, garbage, or filth, the said owner or agent refuses or fails for a period of two days from and after receipt of said notice so to do, the city council may remove the said rubbish, garbage or filth and collect the cost of said removal by suit against the said owner and lot or premises, and the cost of said removal shall be a lien against the said lot or premises until paid, and in the said action for recovery of the cost of said removal it shall not be necessary to join as a defendant any party other than the name of the actual record owner and the said lot or premises.

      Twenty-seventh-To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in or crowding or otherwise impeding or obstructing the passageways, aisles, entrances or exits of such places.

      Twenty-eighth-To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electric, telegraph, and mechanical appliances in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently, with the free use of the streets, sidewalks or alleys.

      Twenty-ninth-To require every railroad and street railway company to keep the streets in repair between the tracks and along and within the distance of two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

      Thirtieth-To require upon such notice as the city council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing,


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κ1915 Statutes of Nevada, Page 55 (CHAPTER 38)κ

 

of the person or persons causing, committing, or responsible therefor, and the city council in like manner may require or cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost or any portion thereof, of filling, upon such real estate and make the same a lien thereon, in which case said lien shall be preserved, enforced, and foreclosed as in other cases herein provided for.

      Thirty-first-To provide for and regulate the manner of weighing of all food products and food stuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and of all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures, throughout the city and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.

      Thirty-second-To restrain and punish vagrants, drunkards, drunkenness, disorderly persons, common prostitutes, mendicants, street walkers, street solicitors for alms or otherwise, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish obscene language, or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, immoral, indecent, and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, or alleys, or other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding, or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held, or otherwise kept on the streets or alleys of the city.

      Thirty-third-To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing, any obscene or indecent drawings, engravings, paintings, books, or pamphlets, and all obscene or indecent exhibitions and shows of every kind.

      Thirty-fourth-To regulate the use and sale of water, gas, electric, and other lights in the city; to fix and determine the price as well as the rentals of all water, gas, and electric light meters within the city; and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect.

 

 

 

 

 

 

Regulate weights and measures

 

 

 

 

 

 

To punish and prevent vagrancy, etc.

 

 

 

 

 

 

 

Firearms

 

 

 

Regulating horses, etc.

 

 

 

Obscene literature, etc.

 

 

 

To regulate all meters


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κ1915 Statutes of Nevada, Page 56 (CHAPTER 38)κ

 

 

 

Proviso

 

 

Public lighting

 

Lodging houses, etc.

 

 

General power as to ordinances

 

 

 

 

 

 

 

 

To keep streams clean

 

 

 

 

Bridging of waters

 

 

 

Regulating slaughter houses, etc.

 

 

 

 

To employ competent mechanical supervisor

meters within the city; and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect.

      Thirty-fifth-To provide for the lighting of the streets and public buildings and places of the city and to regulate such lighting.

      Thirty-sixth-To regulate lodging, tenement, and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and to require the same to be kept in a sanitary condition.

      Thirty-seventh-To adopt and enforce by ordinance, all such measures and establish all such regulations in case no express provision is in this charter made, as the city council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances on any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose and intent thereof.

      Thirty-eighth-To provide for the cleaning of the river, reservoirs, and streams of the city, and the ditches connected therewith, of all driftwood and noxious matter; to prohibit, prevent, and punish the depositing therein of any filth or other matter tending to make the water thereof impure, unwholesome, or offensive.

      Thirty-ninth-To require of all ditch or canal companies, persons, or individuals owning, operating, or controlling any ditch or canal running over or across any of the streets or alleys of the city to cause such ditch or canal to be completely bridged from side to side of such street or alleys.

      Fortieth-To compel the owner of any grocery, tallow-chandler shop, soap or candle factory, butcher shop or stall, slaughter house, stable, barn, corral, sewer, privy, or other offensive, nauseous, or unwholesome place or house, to cleanse, remove, or abate the same, whenever the city council shall deem it necessary for the health, comfort, or convenience of the inhabitants of the city; the expense thereof to be paid by the person causing, maintaining, or committing the same.

      Forty-first-To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person from time to time, whenever in the judgment of the city council it shall be necessary or expedient for the purpose of supervising and directing any public work; the salary or compensation, duties, and responsibilities of such person to be fixed, determined, and fully defined by ordinance.


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κ1915 Statutes of Nevada, Page 57 (CHAPTER 38)κ

 

and directing any public work; the salary or compensation, duties, and responsibilities of such person to be fixed, determined, and fully defined by ordinance.

      Forty-second-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or the provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.

      Forty-third-To require of and prescribe the amount of official bonds from its members and all officers of the city, whether elective or appointive.

      Forty-fourth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in the judgment of the city council to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise, against any property owner refusing or neglecting to pay as assessed by the city council, his ratable proportion of the cost of paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits the property or owner thereof.

      Forty-fifth-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues, assessments, or demands of every nature or kind, belonging or inuring to the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park or public purposes shall be sold or in any manner disposed of.

      Forty-sixth-To prohibit the injury to or interference with the ornamental trees and shrubbery in the streets and public places of the city, and to prescribe the punishment for such injury and interference.

      Forty-seventh-Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law and all rights of eminent domain may be exercised by the city in relation thereto.

      Forty-eighth-To change or enlarge the boundaries of any ward, by ordinance, so as to annex or include therein additional lands, with the tenements, property and inhabitants thereof; provided, the city council shall be first petitioned so to do by a majority of the persons of the district proposed to be so annexed; and provided further, that no change in the boundaries of any ward, except for the purpose of enlarging the same, shall be made within sixty days next preceding any general city election, and in no event oftener than once every two years.

 

 

To prescribe fines, etc.

 

 

 

Official bonds

 

To maintain suits at law

 

 

 

 

 

 

 

To buy and sell city property under restrictions

 

 

 

 

 

To protect shrubbery

 

 

May condemn property-eminent domain

 

 

To change wards

 

Provisos


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κ1915 Statutes of Nevada, Page 58 (CHAPTER 38)κ

 

 

Circus licenses

 

Provide advertising fund

 

 

 

Salaries, etc., regulated by ordinances

general city election, and in no event oftener than once every two years.

      Forty-ninth-To suppress or regulate and collect a license tax on circus or other public parades through the streets of the city.

      Fiftieth-In its discretion, to provide and set aside yearly a reasonable fund, which once so provided and set aside shall not be increased, but may be diminished, during the year, for purposes of publicity.

      Sec. 9.  Section 1 of article XVI of said act is hereby amended so as to read as follows:

      Section 1.  The fees, salaries or other compensation of officers or other persons shall be regulated by regularly enacted ordinances as to salaries and by resolution as to compensation for persons not regularly employed by the city. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and duties of the city government and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the city council at the first regular meeting thereafter, and the city council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by a majority of all the members elected to the city council, the city clerk shall certify all such claims or portions allowed as the case may be after the same is signed by the mayor to the city auditor, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him.

 

________

 

CHAPTER 39

 

 

 

 

 

 

 

 

 

Salaries of White Pine County officers

 

 

Repeal

 

In effect

Chap. 39–An Act to enable the board of county commissioners of White Pine County, Nevada, to fix the salaries and authorize the appointment of certain deputies.

 

[Approved February 26, 1915]

 

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, Nevada, is hereby authorized to fix the salaries of any and all deputies and assistants appointed by the county clerk, recorder and auditor, treasurer, sheriff and assessor of White Pine County, Nevada, and shall fix the number of any and all such deputies and assistants and the term of their employment.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall take effect on March 1, 1915.

 

________

 

 


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κ1915 Statutes of Nevada, Page 59κ

CHAPTER 40

Chap. 40–An Act to amend section 197 of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 11, 1911, and adding thereto a new section to be known as section 197a.

 

[Approved February 26, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 197 of said act is hereby amended to read as follows:

      Section 197.  Whenever any school district shall issue any bonds under the provisions of this act, or shall have any bonds outstanding, it shall be the duty of the board of county commissioners of the county in which such district may be situated to levy and assess a special tax on all the taxable property of the district, including the net proceeds of mines, in an amount sufficient to pay the interest accruing thereon promptly when and as the same becomes due according to the tenor and effect of said bonds, and the county treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him, and shall cause said interest to be promptly paid at the place of payment specified in the bonds; and if there shall be any surplus after paying said interest and the expenses of collecting such special tax, the treasurer shall, without delay, pass the same to the credit of such school district, and such funds so passed to the credit of the district shall be subject to the disposal of the board of trustees; and in the calendar year following the year in which the bonds are issued, and annually thereafter, until the full payment of said bonds has been made, the board of county commissioners of the county in which said school district is situated shall levy and assess a special tax, and shall cause said special tax to be collected, on all the taxable property of the school district, including the net proceeds of mines, sufficient to raise annually a proportion of the principal amount of the said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied, assessed, and collected by the county treasurer in the same manner as the tax for the payment of the interest coupons and when collected shall be known as the “................School District Bond Sinking Fund” and shall be used only in the payment of such bonds. The sinking fund thus provided may be applied to the purchase and cancelation of the outstanding bonds of the district. At the maturity of such bonds (or prior to the maturity thereof as hereinafter in section 2 hereof provided) and at their place of payment, the county treasurer shall cause such bonds and accrued interest thereon to be paid, and duly cancel the same, and certify his action to the board of trustees of the school district; and the said county treasurer shall, if the tax for interest on the bonds for the first year after their date of issue is not collected in time for use in paying the interest coupons maturing during that year, pay the interest accruing on said bonds in said year out of the general county fund and return, as soon as the funds are realized from the taxes for interest on said bonds, and from said interest fund, the amount so borrowed from said general county fund.

 

 

 

 

 

 

 

 

 

 

Concerning school bonds generally

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special tax


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

κ1915 Statutes of Nevada, Page 60 (CHAPTER 40)κ

 

Interest paid out of general fund, when

 

 

 

 

 

 

 

Redemption of school bonds

said county treasurer shall, if the tax for interest on the bonds for the first year after their date of issue is not collected in time for use in paying the interest coupons maturing during that year, pay the interest accruing on said bonds in said year out of the general county fund and return, as soon as the funds are realized from the taxes for interest on said bonds, and from said interest fund, the amount so borrowed from said general county fund.

      Sec. 2.  There shall be added to the said act a new section to be known as section 197a, which said section shall be as follows:

      Section 197a.  In the event that there shall be in the hands of the county treasurer in such school district bond sinking fund, a sufficient sum to redeem one or more of such bonds, and to pay the accrued interest thereon, although before the maturity of such bonds and interest, he shall, if requested by the board of trustees of such school district so to do, post a notice in a conspicuous place in the main entrance to his office or the main entrance to the building in which his office may be situated, which notice shall state that the said county treasurer has on hand in the “....................... School District Bond Sinking Fund” sufficient funds to redeem ....... bonds of said issue, and that there is in the said bond interest fund sufficient funds to pay the accrued interest on such number of bonds, and that he will on a certain day and hour (which shall not be sooner than thirty days from the date of posting such notice), at his office, receive proposals for the purchase of such number of bonds and paying the accrued interest thereon; upon the opening of said proposals the bid of the person offering the requisite number of bonds at the lowest rate shall be accepted by such treasurer; provided, that such offer to sell said bonds shall not involve a premium on the same of more than ....... per cent; if the entire issue of such bonds are provided to mature serially at different times, the treasurer shall redeem such bond or bonds at the lowest regular premium which matures first. If the entire issue of such bonds is provided to mature at one time, among equal offers for the sale of said bonds at the same rate of premium, the treasurer shall redeem such bond or bonds presented bearing the lowest serial number. The said treasurer shall certify all his actions hereunder to the board of trustees of said school district as in section 197 of this act provided.

 

________

 

 


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κ1915 Statutes of Nevada, Page 61κ

CHAPTER 41

Chap. 41–An Act providing that any person, firm, association, or corporation, or agent, superintendent, or manager thereof employing special agents, detectives, or so-called spotters shall, before disciplining or discharging any employee upon a report by such special agent, detective, or so-called spotters, give notice and accord a hearing to such employee upon his request therefor, and providing that such accused employee shall have the opportunity to be confronted with the person making such report, and providing for the punishment for the violation thereof.

 

[Approved February 27, 1915]

 

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, firm, association, or corporation, or agent, superintendent, or manager thereof, employing any special agent, detective, or person commonly known as “spotter” for the purpose of investigating, obtaining and reporting to the employer, his agent, superintendent, or manager, information concerning his employees, to discipline or discharge any employee in his service, where such act of discipline or the discharge is based upon a report by such special agent, detective, or spotter, which report involves a question of integrity, honesty, or a breach of rules of the employer, unless such employer, his agent, superintendent, or manager shall give notice and accord a hearing to the employee thus accused, when requested by the said employee, at which hearing said accused employee shall have opportunity to be confronted with the person making such report and shall have the right to furnish testimony in his defense.

      Sec. 2.  Any person, corporation, firm, association, or employer violating any provision of this act shall be liable to the State of Nevada for a penalty of five hundred dollars for each offense; and such penalty shall be recovered and suit brought in the name of the State of Nevada in a court of proper jurisdiction by the attorney-general, or under his directions by the district attorney in any county having proper jurisdiction.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning “spotters”

 

 

 

 

 

 

Employee has right to be confronted with his accuser

 

 

 

Penalty-fine

 

________

 

CHAPTER 42

Chap. 42–An Act to establish a board of commissioners for the promotion of uniformity of legislation in the United States, and other matters relating thereto.

 

[Approved February 27, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That within thirty days after the approval of this act, the governor shall appoint three suitable persons, and they and their successors are hereby constituted a board of commissioners for the promotion of uniformity of legislation in the United States.

 

 

 

 

 

 

 

 

 

Commission for promotion of uniform legislation


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

κ1915 Statutes of Nevada, Page 62 (CHAPTER 42)κ

 

 

 

 

 

Duty of said commission

 

 

 

 

 

To keep record and report to legislature

 

No compensation

commissioners for the promotion of uniformity of legislation in the United States. Said commissioners shall hold their office for a term of three years, and until their successors are appointed. Any vacancy in said board shall be filled by appointment by the governor.

      Sec. 2.  That it shall be the duty of said board to examine the subjects upon which uniformity of legislation in the various states of the union is desirable, but which are outside the jurisdiction of the Congress of the United States; to confer upon these matters with the commissioners appointed by the other states for the same purpose; to consider and draft uniform laws to be submitted for approval and adoption by the several states, and to generally devise and recommend such other or further course of action as shall accomplish the purposes of this act.

      Sec. 3.  That the said board of commissioners shall keep a record of all its transactions, and shall at each session of the legislature, and may at any other time, make a report of its doings and of its recommendations to the legislature.

      Sec. 4.  That no member of said board shall receive any compensation for his services.

 

________

 

CHAPTER 43

 

 

 

 

 

 

 

 

 

Counties may purchase or construct railroads

 

 

 

 

 

Title vests in county

 

 

Petition, action upon

Chap. 43–An Act to authorize the county commissioners of any of the counties of the State of Nevada to purchase or construct railway lines, and to issue bonds for that purpose.

 

[Approved February 27, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of any of the counties of this state are hereby authorized, upon there being filed with them a petition signed by two-thirds of the taxpayers of the county, requesting them so to do, to purchase or construct a railway line, or lines, within the limits of the county, if in their judgment it would be to the interest of the county so to do, and to pay for the same out of the general fund of the county, or from a fund to be created for that purpose by the sale of bonds as hereinafter provided.

      Sec. 2.  The title to any railway line or lines constructed or acquired by or under the authority of any board of county commissioners in this state, as provided in this act, shall be vested in said county, and under its control and management.

      Sec. 3.  Upon the filing of the petition provided for in section 1, if the county commissioners shall adjudge it to be to the interest of the county to build or construct the railway line specified in such petition, and if in the opinion of the said county commissioners it is advisable that funds for that purpose should be acquired by the sale of bonds, the county commissioners shall, not later than eight weeks before any general or special election, determine the amount of such bonds to be issued and make and enter in their minutes a certificate of such determination, and make and enter an order submitting the question of the issuance of such bonds to the qualified electors of said county.


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

κ1915 Statutes of Nevada, Page 63 (CHAPTER 43)κ

 

commissioners shall, not later than eight weeks before any general or special election, determine the amount of such bonds to be issued and make and enter in their minutes a certificate of such determination, and make and enter an order submitting the question of the issuance of such bonds to the qualified electors of said county. If such order of submission shall be made and entered more than six months prior to the time for holding a general election, the board of county commissioners may order a special election for said purpose, which said special election shall be conducted in the manner provided by law for conducting elections, and the ballots at such election shall have printed thereon the words: “For the County Railway Bonds,” and the words: “Against the County Railway Bonds.” The votes cast for and against the issuance of said bonds at any election therefor shall be counted and returns thereof made and canvassed in the manner provided by law for counting, making returns, and canvassing the votes of a general election.

      Sec. 4.  If a majority of the votes cast on a proposition to issue such bonds shall be in the affirmative, it shall be the duty of the board of county commissioners, as soon thereafter as practicable, to issue the negotiable coupon bonds of the said county in such form and denomination as the board may direct, said bonds to run for a period of from one to twenty years from the date of issue, and bearing interest at a rate not exceeding six (6) per cent per annum, both principal and interest payable at the office of the county treasurer of such county, interest payable semiannually, and said bonds to be sold for not less than par and provided that such bonds shall be issued for such periods of time that there shall always be bonds redeemable by any funds in excess of one thousand dollars available in the county railway bond fund by this act hereinafter created. And before any sale is made of said bonds notice of such proposed sale shall be given by publication in a newspaper published in the county, if there be one published in the county, and if not, then by publication in the newspaper published nearest to the county-seat of said county, for at least ten (10) days before such bonds are disposed of, inviting sealed bids to be made for said bonds; and said bonds shall be sold only to the highest and best bidder therefor.

      Sec. 5.  All bonds issued under the provisions of this act shall be signed by the chairman of the board of county commissioners, countersigned by the county treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and by the county treasurer.

      Sec. 6.  For the purpose of creating a fund for the payment of the principal and interest of the bonds so issued, the board of county commissioners of such county so issuing such bonds is authorized and directed to levy and collect annually thereafter a special tax upon all the property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of such county, until such bonds and the interest thereupon have been fully paid and discharged, sufficient to pay the interest upon said bonds, and to provide a fund for the payment of the principal of the same according to their tenor and effect.

 

 

 

 

 

Referendum election

 

 

 

 

 

 

 

Majority vote; duties of county commissioners; bonds, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning bonds


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

κ1915 Statutes of Nevada, Page 64 (CHAPTER 43)κ

 

Railway bond fund provided for

 

 

 

 

 

 

 

 

 

 

Redemption and cancelation of bonds

 

 

 

 

Interest ceases, when

 

 

In effect

is authorized and directed to levy and collect annually thereafter a special tax upon all the property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of such county, until such bonds and the interest thereupon have been fully paid and discharged, sufficient to pay the interest upon said bonds, and to provide a fund for the payment of the principal of the same according to their tenor and effect. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a fund known as the “County Railway Bond Fund,” and paid out therefrom only in the payment of the principal and interest of said bonds; provided, that when the principal and interest of the said bonds shall have been fully paid, and all of said bonds retired, any and all moneys remaining on hand in said fund shall be transferred to the general fund of said county.

      Sec. 7.  Whenever the County Treasurer shall pay and redeem any bond issued under the provisions of this act, he shall forthwith cancel the same by writing across the face thereof the word “Paid,” together with the date of such payment, and sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 8.  Should the holder of such bonds, or any of them, for any cause whatever, fail to present such bonds to the said county treasurer when they become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 9.  This act shall take effect immediately.

 

________

 

CHAPTER 44

 

 

 

 

 

 

 

 

 

 

 

Concerning advertising resources of counties

Chap. 44–An Act authorizing and empowering the boards of county commissioners of the several counties of this state to exploit and promote the agricultural, mining, and other resources, progress, and advantages of their respective counties; providing ways and means for this purpose, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 1, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The boards of county commissioners of the several counties of this state are hereby authorized and empowered to, in their discretion, annually include in their respective county budgets items to cover the expense of exploiting, promoting, and publishing to homeseekers and the public at large, by any means in their judgment calculated to accomplish this purpose, the agricultural, mining, and other resources, progress, and advantages of their respective counties.


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κ1915 Statutes of Nevada, Page 65 (CHAPTER 44)κ

 

      Sec. 2.  Such expenditures as may by the board of county commissioners of any county in this state be decided upon shall be met by including the same in the annual tax levy of and for that county; provided, that the tax levy for this purpose shall not in any one year exceed one cent on each one hundred dollars of the assessed valuation of the property in that county; provided further, that, pending the accumulation and setting aside of the fund for the purposes authorized by this act, said boards of county commissioners are hereby authorized and empowered to pledge their respective counties for said purposes to an amount not exceeding the sum to be raised as in this section provided, and to be paid out of the fund raised and set aside therefor as herein authorized.

      Sec. 3.  Section 1 of an act entitled “An act to amend an act entitled ‘An act supplementary to an act entitled “An act to create a board of county commissioners in the several counties of the state and to define their duties and powers,” approved March 8, 1865,’ approved February 19, 1867,” approved March 27, 1911, and all other acts and parts of acts in conflict with this act, are hereby repealed in so far as the same apply to or interfere with the provisions of this act, but in no other particular.

Tax levy for same

 

Provisos

 

 

 

 

 

 

 

 

Limited repeal of certain acts

 

________

 

CHAPTER 45

Chap. 45–An Act to repeal that certain act entitled “An act giving the clerk of the supreme court authority to appoint a deputy in his office,” approved March 15, 1911.

 

[Approved March 1, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act entitled “An act giving the clerk of the supreme court authority to appoint a deputy in his office,” approved March 15, 1911, is hereby repealed.

 

 

 

 

 

 

 

 

 

Repeal-deputy clerk of supreme court

 

________

 

CHAPTER 46

Chap. 46–An Act to amend section one of an act entitled “An act requiring nonresident joint-stock companies, associations, and corporations, doing a building and loan business, to furnish security before doing business in this state, and prescribing a penalty for a failure to do so,” approved March 20, 1911, being section 1361 of the Revised Laws of Nevada.

 

[Approved March 1, 1915]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  From and after the passage of this act no joint-stock company,

 


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

κ1915 Statutes of Nevada, Page 66 (CHAPTER 46)κ

 

Investment companies must deposit securities with state treasurer

stock company, association, or corporation, heretofore or hereafter organized under the laws of any other state, territory, or foreign country, for the purpose of engaging in a building and loan business, or dealing in investment certificates, except a banking business, shall be allowed to continue or do business, without having first deposited with the state treasurer the sum of ten thousand dollars in money, or United States bonds, or municipal bonds, of this state, or in first mortgages upon real estate located within this state, and in addition thereto, when the amount due upon investment certificates issued to residents of this state shall exceed one hundred thousand dollars, an additional deposit equal to ten per cent of such excess over one hundred thousand dollars so issued; such security so deposited to be approved by the state treasurer as a guaranty fund for the protection and indemnity of residents of the State of Nevada, with whom such companies, associations, or corporations shall do business. The funds or securities so deposited shall be subject to attachment, garnishment, levy, and sale upon execution, as in other cases under the laws of this state.

 

________

 

CHAPTER 47

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain city officers may be elected

 

 

When appointed

 

 

Repeal

Chap. 47–An Act to amend section thirty-six of an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907, as amended by act approved March 25, 1911, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 1, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 36 of the above-entitled act is hereby amended to read as follows:

      Section 36.  In addition to the mayor and city council, there may be elected in each city of the first or second class a city clerk, a city treasurer, a judge of the municipal court, a city attorney. All elective officers shall hold their respective offices for two years and until their successors are elected and qualified. In cities of the third class, the mayor, by and with the advice and consent of the city council, may appoint any or all of such officers as may be deemed expedient, and such appointive officers shall hold their respective offices during the pleasure of the mayor and city council.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

 


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

κ1915 Statutes of Nevada, Page 67κ

CHAPTER 48

Chap. 48–An Act to amend sections 120 and 121 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Approved March 1, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 120 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, is hereby amended so as to read as follows:

      Section 120.  Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.

      Sec. 2.  Section 121 of said act is hereby amended so as to read as follows:

      Section 121.  All murder which shall be perpetrated by means of poison, or lying in wait, or torture, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery, or burglary, or which shall be committed by a convict in the state prison serving a sentence of life imprisonment, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree; but, if such person shall be convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of crime, and give sentence accordingly. Every person convicted of murder in the first degree shall suffer death or confinement in the state prison for life, at the discretion of the jury trying the same; or upon a plea of guilty the court shall determine the same; and every person convicted of murder of the second degree shall suffer imprisonment in the state prison for a term of not less than ten years, and which may be extended to life.

 

 

 

 

 

 

 

 

 

Amending crimes and punishments act

 

“Express malice” defined

 

 

 

Defining murder of first degree

 

 

 

Second degree

 

 

 

Penalty, how determined

 

________

 

 


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κ1915 Statutes of Nevada, Page 68κ

CHAPTER 49

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal of act concerning certain mining corporations

 

 

 

In effect

Chap. 49–An Act to repeal an act entitled “An act requiring certain mining corporations to file statements with the county recorders and attorney-general, and to mail copies thereof to stockholders; regulating the issuance and sale of certain treasury and promotion stock, and defining the same for the purpose of this act; declaring certain acts to be unlawful; providing penalties for the violation thereof, and other matters relating thereto,” approved March 5, 1909, as amended March 27, 1911.

 

[Approved March 2, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature of the State of Nevada entitled “An act requiring certain mining corporations to file statements with the county recorders and attorney-general, and to mail copies thereof to stockholders; regulating the issuance and sale of certain treasury and promotion stock, and defining the same for the purpose of this act; declaring certain acts to be unlawful; providing penalties for the violation thereof, and other matters relating thereto,” approved March 5, 1909, as amended March 27, 1911, is hereby repealed.

      Sec. 2.  This act shall take effect immediately upon its approval.

 

________

 

CHAPTER 50

 

 

 

 

 

 

 

 

Repealing certain sections concerning revenue

Chap. 50–An Act to repeal certain sections of an act entitled “An act to provide for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891.

 

[Approved March 2, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Sections 143 and 144 of the above-mentioned act, being sections 3755 and 3756 of the Revised Laws of Nevada, 1912, are hereby repealed.

 

________

 

CHAPTER 51

 

Chap. 51–An Act making it unlawful for certain persons to accept fees, commissions, or gratuities for the employment of labor, prescribing certain penalties for the violation thereof, and other matters properly connected therewith.

 

[Approved March 2, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be and is hereby made unlawful for any manager, superintendent, officer, agent, servant, foreman, shift boss,


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κ1915 Statutes of Nevada, Page 69 (CHAPTER 51)κ

 

boss, or other employee of any person or corporation, charged or intrusted with the employment of any workmen or laborers, or with the continuance of workmen or laborers in employment, to demand or receive, either directly or indirectly, from any workman or laborer, employed through his agency, or worked or continued in employment under his direction or control, any fee, commission, or gratuity of any kind or nature as the price or condition of the employment of any such workman or laborer, or as the price or condition of his continuance in such employment; and any such manager, superintendent, officer, agent, servant, foreman, shift boss, or other employee of any person or corporation, charged or intrusted with the employment of laborers or workmen for his principal, or under whose direction or control such workmen and laborers are engaged in work and labor for such principal, who shall demand or receive, either directly or indirectly, any fee, commission, or gratuity of any kind or nature, from any workman or laborer employed by him or through his agency, or worked under his direction and control, either as the price and condition of the employment of such workman or laborer, or as the price and condition of the continuance of such workman or laborer in such employment, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50) and not exceeding three hundred dollars ($300), or by imprisonment not exceeding six (6) months, or both such fine and imprisonment, in the discretion of the court trying the charge.

      Sec. 2.  Section 518 of “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, being section 6783 of the Revised Laws of 1912, is hereby repealed.

Unlawful for any employer to demand or receive any emolument as condition to giving employment to any workman

 

 

 

 

 

 

 

 

 

 

Penalty

 

 

 

Certain section repealed

 

________

 

CHAPTER 52

Chap. 52–An Act authorizing the county commissioners of Lander County, Nevada, to appropriate money for the payment of rent and maintenance of offices for the use of justices of the peace.

 

[Approved March 2, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Lander County is hereby authorized and directed to appropriate and pay from the county treasury each month the sum of ten dollars, to be paid to each of the duly qualified and acting justices of the peace, in addition to the compensation now allowed by law, for the rent and maintenance of suitable quarters for the transaction of justice court business. In the event that the board of county commissioners shall, at any time, provide suitable quarters for the use of any duly qualified and acting justice of the peace,

 

 

 

 

 

 

 

 

 

Justice of the peace in Lander County to receive rent money


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κ1915 Statutes of Nevada, Page 70 (CHAPTER 52)κ

 

 

justice of the peace, such payment shall not be made to him, during the period of such provision.

 

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CHAPTER 53

 

 

 

 

 

 

 

 

 

 

 

 

Certain county officers to receive fees for money collected for state tax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $5,000

Chap. 53–An Act to amend section twenty-one of an act entitled “An act regulating the compensation of county officers in the several counties of this state, and other matters relating thereto,” approved March 11, 1885, and making an appropriation for carrying out the purposes of this act.

 

[Approved March 2, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 21 of the above-named act is hereby amended so as to read as follows:

      Section 21.  The State of Nevada shall allow the several counties of this state, for the services rendered under the revenue act by the auditor, assessor, and treasurer of each county, a sum which shall be the proportion of the state tax to the whole tax levied by the county on the basis of salaries allowed said officers by any special or general act relating to the same. These allowances shall be made at the time of the semiannual settlement provided by law, upon vouchers furnished the county treasurer by the board of commissioners of each county; provided, that if any county has heretofore paid or may hereafter by mistake pay into the state treasury on any such semiannual settlement more money than it should have paid according to the terms of this section, or under any special act relating to one county only containing similar provisions, such county may present its claim for such overpayment, as a claim against the state, to the state board of examiners for examination and allowance, and the state controller is hereby authorized to draw his warrants in favor of such county in refund of such overpayment in such amount as shall be allowed by such board of examiners; but if any such county shall feel aggrieved by any allowance made by said board of examiners on any such claim, an action may be prosecuted thereon for and on behalf of said county against the State of Nevada under and pursuant to the provisions of sections 5653-5655, Revised Laws of Nevada, 1912, which are hereby made applicable to any such action.

      Sec. 2.  For the purpose of carrying out the provisions of this act the sum of five thousand dollars is hereby appropriated out of any moneys in the treasury not otherwise appropriated.

 

________

 

 


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κ1915 Statutes of Nevada, Page 71κ

CHAPTER 54

Chap. 54–An Act to provide for an oil painting of Abraham Lincoln for the state capitol building, in commemoration of the fiftieth anniversary of Nevada’s statehood.

 

[Approved March 2, 1915]

 

      Whereas, The State of Nevada, has completed its first half-century; and

      Whereas, The admission of the Territory of Nevada into the union as a state was deemed of the greatest importance by President Lincoln in order to make certain the abolition of slavery by constitutional amendment; and

      Whereas, The admission of Nevada made possible the early ratification of such amendment and in this and in other ways the state effectively aided in establishing permanent peace and good-will between all the United States; and

      Whereas, Both the Territory and the State of Nevada were established during the administration of President Lincoln, and the acts of the immortal martyred president, in advocating and proclaiming statehood for Nevada, are part of the illustrious history of this commonwealth; and

      Whereas, It is eminently appropriate that the people of Nevada observe the event of the conclusion of the first half-century of statehood by some suitable memorial, permanent in form and of historical value: therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor, the chief justice of the supreme court, the president of the senate, the speaker of the assembly, and the president of the state historical society are hereby constituted a special committee, to be known as the Lincoln portrait committee, for the purpose of procuring an oil portrait of Abraham Lincoln, and a frame for such portrait, which portrait when procured shall be hung in the assembly chamber of the state capitol building and shall thereafter be committed to the care and custody of the state board of capitol commissioners. It shall be in the discretion of the Lincoln portrait committee to purchase the portrait painted by the artist Charles M. Shean, or to procure a portrait by some other artist.

      Sec. 2.  The sum of thirteen hundred dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the state treasury not otherwise appropriated, to carry out the purposes of this act.

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

Nevada’s statehood-Fiftieth anniversary

 

 

 

 

 

 

 

 

 

 

Portrait of President Lincoln to be purchased

 

 

 

 

 

 

Appropriation, $1,300

 

________

 

 


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κ1915 Statutes of Nevada, Page 72κ

CHAPTER 55

 

 

 

 

 

 

 

 

Churches, etc., may become corporations

 

 

Articles, how made

 

 

 

 

 

 

 

 

What articles shall specify

 

 

 

 

 

 

 

 

 

Church officer may be corporation sole

Chap. 55–An Act to provide for the creation of corporations sole, and defining the powers thereof, and other matters relating to such corporations.

 

[Approved March 2, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Corporations may be formed for acquiring, holding, or disposing of church or religious society property, for the benefit of religion, for works of charity, and for public worship, in the manner hereinafter provided in this chapter.

      Sec. 2.  Any person being the archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, or clergyman, of any church or religious society or denomination, who may have been duly chosen, elected, or appointed, in conformity with the constitution, canons, rites, regulations, or discipline of said church or religious society, and in whom shall be vested the legal title to property held for the purposes, use, or benefit of such church or religious society, may make and subscribe written articles of incorporation, in duplicate, acknowledge the same before some officer authorized to take acknowledgement, and file one of such articles in the office of the secretary of state, and retain possession of the other.

      Sec. 3.  The articles of incorporation shall specify: 1. The name of the corporation, by which it shall be known; 2. The object of said corporation; 3. The estimated value of the property at the time of making the articles of incorporation; 4. The title of the person making such articles and the manner in which any vacancy occurring in the incumbency of such arch-bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, or clergyman is required by the rules, regulations, or discipline of such church, society, or denomination to be filled.

      Sec. 4.  Upon making and filing for record articles of incorporation as herein provided, the person subscribing the same, and his successor in office by the name or title specified in the articles, shall thereafter be deemed, and is hereby created, a body politic and a corporation sole, with continual perpetual succession, and such corporation shall have power to acquire and possess, by donation, gift, bequest, devise, or purchase, and to hold and maintain property, real, personal, and mixed, and to grant, sell, convey, rent, or otherwise dispose of the same as may be necessary to carry on or promote the objects of the corporation; and shall have authority to borrow money and to give promissory notes or other written obligations therefor, and to secure the payment thereof by mortgage or other lien, upon real or personal property.


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κ1915 Statutes of Nevada, Page 73 (CHAPTER 55)κ

 

      Sec. 5.  Such corporation shall have the power to contract and be contracted with, in the same manner as a natural person, and to sue and be sued, plead and be pleaded in all courts of justice, and to have and use a common seal by which all deeds and acts of such corporation may be authenticated.

      Sec. 6.  All deeds and other instruments of writing shall be made in the name of the corporation and signed by the person representing the corporation, and be sealed with the seal of the corporation, an impression of which seal shall be filed in the office of the secretary of state.

      Sec. 7.  The articles of incorporation, or a certified copy of those filed and recorded in the office of the secretary of state, shall be evidence of the existence of such corporation.

      Sec. 8.  In the event of the death or resignation of any such archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, or clergyman, or of his removal from such office by the person or body having the authority to remove him when such person is at the time a corporation sole, his successor in office, as such corporation sole, shall be vested with the title to any and all property held by his predecessor, as such corporation sole, with like power and authority over the same, and subject to all the legal liabilities and obligations with reference thereto. Such successor shall file in the office of the county recorder of each county wherein any of said real property is situated, a certified copy of his commission, certificate, or letter of election or appointment.

Power of such corporation

 

 

Instruments, how made

 

 

 

Filed with secretary of state

 

 

 

Succession established

 

 

 

 

Filed with county recorder

 

________

 

CHAPTER 56

Chap. 56–An Act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada.

 

[Approved March 5, 1915]

 

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 one assemblyman;

      Elko County, one senator and four assemblymen;

      Esmeralda County, one senator and three assemblymen;

      Eureka County, one senator and one assemblyman;

      Humboldt County, one senator and three assemblymen;

      Lander County, one senator and one assemblyman;

      Lincoln County, one senator and one assemblyman;

      Lyon County, one senator and two assemblymen;

      Mineral County, one senator and one assemblyman;

      Nye County, one senator and four assemblymen;

      Ormsby County, one senator and one assemblyman;

 

 

 

 

 

 

 

 

Apportionment of senators and assemblymen


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κ1915 Statutes of Nevada, Page 74 (CHAPTER 56)κ

 

 

 

 

Present terms not disturbed

      Storey County, one senator and one assemblyman;

      Washoe County, one senator and seven assemblymen;

      White Pine County, one senator and three assemblymen.

      Sec. 2.  Nothing in this act shall be 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.

 

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CHAPTER 57

 

 

 

 

 

 

 

 

 

 

 

 

Concerning county commissioners

 

 

Meetings of county commissioners

Chap. 57–An Act to amend an act entitled “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.

 

[Approved March 5, 1915]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  Section 3 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 fifth day of each month 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.

 

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κ1915 Statutes of Nevada, Page 75κ

CHAPTER 58

Chap. 58–An Act amendatory of and supplemental to an act entitled “An act to provide for the organization and government of drainage districts, and to provide for the acquisition, repair, and development of canals, drains, ditches, watercourses, and other property, and for the distribution of water thereby for drainage purposes, and to provide for the levying of taxes, and for the issuing and sale of bonds thereof,” approved March 31, 1913.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 20 of said act is hereby amended to read as follows:

      Section 20.  After adopting a plan of said drainage canal or canals, drains, drain ditches, and works, the board of supervisors shall proceed to give notice, by publication thereof, not less than twenty days, in at least one newspaper published or having a general circulation in each of the counties composing the district, and in such other publication as they may deem advisable, calling for bids for the construction of such work or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board of supervisors and that the board of supervisors will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place appointed, and the same shall be opened in public, and as soon as convenient thereafter the supervisors shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any and all bids, in which event the board of supervisors shall have the power to cause all necessary work to be done by contract approved by and under the supervision and control of said board of supervisors, said contract not to be effectual until ratified by the board of county commissioners. Contract for the purchase of material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for 50 per cent of the amount of the contract price, conditioned for the faithful performance of said contract in accordance with its provisions. The work shall be done under the direction and to the satisfaction of the engineer, and to be approved by the board of supervisors. The supervisors shall not be interested, directly or indirectly, in any material furnished or contract awarded by the said board of supervisors.

      Sec. 2.  Section 21 of said act is hereby amended to read as follows:

      Section 21.  The board of supervisors or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

Concerning drainage districts

 

 

Plans, etc

Notice to be published

 

 

 

 

Contracts let

 

 

 

 

 

 

 

Bond

 

 

 

 

Supervisors not to be interested in contracts


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κ1915 Statutes of Nevada, Page 76 (CHAPTER 58)κ

 

Debts and liabilities limited

 

 

 

 

 

 

 

Supervisors may issue bonds

 

 

 

 

 

Proviso

 

Special election

district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act. A debt or liability incurred in excess of express provisions shall be and remain absolutely void, except that for the purposes of organization or for the purposes of this act the board may, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate a sum equal to twenty-five per cent of the estimated cost of the work and may cause the promissory notes of the district to issue therefor, bearing interest not exceeding seven per cent per annum, repayable from the proceeds of taxes or bonds.

      Sec. 3.  Section 32 of said act is hereby amended to read as follows:

      Section 32.  Whenever the board of supervisors deem it expedient it shall have the power, for the purpose of constructing drains, drainage canals, and other required improvements, to issue bonds of the district to run not more than twenty years and to bear interest payable semiannually, at a rate not exceeding seven per cent per annum, to be called “Drainage District Bonds,” and which said bonds shall not be sold for less than their par value, and the proceeds of which shall be used for no other purpose than paying the cost of constructing such drain, drainage canal, or other like work; provided, that before such bonds shall be issued the board of supervisors shall request the board of county commissioners to, and the said board of county commissioners shall at once, call a special election to be held within a time not less than thirty nor more than forty-five days from the date of filing such request, and due notice of such election which shall be held within the said district or at some convenient point adjacent to said district. Such notice shall require the electors to cast ballots which shall contain the words “Drainage Bonds ...................... District ......... Yes,” or “Drainage Bonds ...................... District ......... No,” or words equivalent thereto. No person shall be entitled to vote at any such election held under the provisions of this act unless he shall be a freeholder in the district. The board of county commissioners in the county where such district shall be, shall appoint the judges of election and shall provide for as many places of election as will be convenient. Such election shall be conducted as nearly as practicable in accordance with the general laws of the state; provided, that no particular form of ballot shall be required. The said board of county commissioners shall meet on the second Monday next succeeding such election and proceed to canvass the votes cast thereat, and if upon such canvass it shall appear that a majority of all the votes as “Drainage Bonds ...................... District ......... Yes,” the said board shall, by order to be entered upon its minutes, declare that such drainage bonds have been duly and affirmatively voted upon. The expenses of such election shall be paid out of the funds belonging to said drainage district.


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κ1915 Statutes of Nevada, Page 77 (CHAPTER 58)κ

 

election shall be paid out of the funds belonging to said drainage district. Any property owners may pay the full amount of the benefit assessed against his property before such bonds are issued and receive a receipt in full therefor. Such payments shall be made to the county treasurer, and it shall be the duty of the county clerk to certify to the treasurer the amount of any such assessment when requested to do so, and the county treasurer shall enter the same upon the tax lists in his hands in a separate place provided therefor, and shall furnish the county clerk with duplicate receipts given for all assessments so paid in full. The terms and times of payment of the bonds shall be fixed by the board. Said bonds shall be issued for the benefit of the district numbered thereon, and each district shall be numbered by the board of supervisors and recorded by the county clerk, said record showing specifically the lands embraced in said district and upon which the tax has not been previously paid in full. In no case shall the amount of bonds exceed the benefits assessed. Each bond issued shall show expressly upon its face that it is to be paid only by a tax assessed, levied, and collected on the lands within the district so designated and numbered, and for the benefit of which district such bond is issued; nor shall any tax be levied or collected for the payment of said bond or bonds, or the interest thereon, on any property outside the district so numbered, designated, and benefited. The said board of supervisors shall, by resolution, provide for the issuance and disposal of such bonds, and for the payment of interest thereon, the creation of a sinking fund for the ultimate redemption thereof, and for the date and manner of the redemption of said bonds.

      Sec. 4.  The above-entitled act is hereby amended by adding thereto a new section, as follows:

      Section 36.  Nothing in this act contained shall be held to disqualify, upon the ground of interest, any person from being chosen or appointed to serve upon the board of supervisors by reason of his ownership of land within said district, or being interested in said drainage district, and the taxes levied or to be levied thereon.

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

Property owners may pay, when

 

Various duties of officers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Land owners not disqualified

 

 

In effect

 

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κ1915 Statutes of Nevada, Page 78κ

CHAPTER 59

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How franchises may be granted by boards of county commissioners

 

 

 

 

Duties of board

 

 

 

 

 

 

 

 

 

 

Notice published

 

 

 

 

Provisos

Chap. 59–An Act to amend section three of an act entitled “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; said section three being also section 2131 of the Revised Laws of Nevada, 1912.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 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. Said taxpayers must be residents and owners of 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 the filing of the said application, the said board of county commissioners shall, at its next regular meeting, cause notice of said application to be given; such notice shall contain the name of the firm, association, corporation, person, or persons making the application; the nature in general terms of the franchise, right, or privilege applied for; the day when the hearing upon such application shall be had, which shall not be less than ten (10) days after the period of publication or notice herein provided for has been completed, or at the next regular meeting of the board of county commissioners, after the completion of said publication, or notice, as the case may be; notice that all persons who have any objection to the granting of said franchise, right, or privilege to file their objection, in writing, with the clerk of said board before the date of said hearing, or to appear at said meeting, and present their objections at said time. Said notice shall be published once a week for four consecutive weeks in some newspaper of general circulation, published in said county. The clerk shall also cause three copies of said notice to be posted in three public places nearest where said application shall take effect, and if more than one incorporated city or town shall be affected thereby, such notice shall be posted in three public places in each of said incorporated towns or cities; provided, however, that if no newspaper shall be published in said county, that notice shall be given by the posting of notices as herein provided.


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κ1915 Statutes of Nevada, Page 79 (CHAPTER 59)κ

 

that if no newspaper shall be published in said county, that notice shall be given by the posting of notices as herein provided. Proof of such notice shall be made by the clerk of the board before the hearing in said matter shall proceed, and such proof shall become a part of the record in such proceedings; provided, however, that before such notice shall be given, the applicant must deposit with such clerk the cost of such publication, and notice, the amount thereof to be fixed by said board of county commissioners.

 

Proof of notice to be made

 

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CHAPTER 60

Chap. 60–An Act authorizing school trustees of school district No. 4, Churchill County, Nevada, to issue bonds for the purpose of improving the school grounds, buying additional school furniture, and completing and repairing the public school buildings of said district No. 4 in the city of Fallon, and owned by said district, and matters properly connected therewith.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of school trustees of school district No. 4, Churchill County, Nevada, is hereby authorized to prepare and issue bonds of said school district in the amount not to exceed five thousand dollars ($5,000), exclusive of interest, for the purpose of improving the school grounds, buying additional school furniture, and completing and repairing the school buildings of said district No. 4, in the city of Fallon, and now owned by said district.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of five hundred dollars each; shall bear interest at a rate not to exceed 6 per cent per annum; said bonds shall be numbered from one to ten, inclusive, and shall be signed by the president and clerk of said board of school trustees and countersigned by the treasurer of Churchill County. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the president and clerk of said board of trustees and the county treasurer.

      Sec. 3.  The board of school trustees of said district No. 4 are hereby authorized to negotiate the sale of said bonds by advertising for sealed bids, or by private sale, as they may deem for the best interest of the school district; provided, that no bonds shall be sold for less than their par value, and that the bonds shall be made payable in gold coin of the United States, and the interest thereon shall be payable in like gold coin.

 

 

 

 

 

 

 

 

 

 

 

Bonds for school purposes in Churchill County

 

 

 

Denomination of bonds

 

 

 

 

 

 

 

 

Negotiation of bonds


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κ1915 Statutes of Nevada, Page 80 (CHAPTER 60)κ

 

 

“Fallon School District No. 4 Improvement Fund”

 

 

 

 

Tax for redemption of bonds

 

 

 

 

 

 

 

 

 

 

Redemption of same

 

 

 

 

Interest ceases, when

 

Treasurer to cancel redeemed bonds

 

 

 

 

 

 

 

Tax ceases, when

      Sec. 4.  All moneys received from the sale of said bonds shall be paid to the county treasurer of Churchill County, Nevada, and the said county treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Fallon School District No. 4 Improvement Fund,” and to pay out said money only on warrants signed by the president and clerk of the said board of school trustees. 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. 5.  For the purpose of creating a fund for the payment of said bonds, as authorized by this act, and the interest thereon, the board of county commissioners of Churchill County is hereby authorized, at the time of making the annual levy of taxes for state and county purposes for the year 1916, and annually thereafter until the said bonds are redeemed, to levy sufficient taxes on all property, both real and personal, to redeem one of said bonds each year and the payment each year of the accumulated interest on all the bonds authorized by this act. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund which is hereby known as the “Fallon School District No. 4 Improvement Fund.”

      Sec. 6.  On the first Monday in January, 1917, and every year thereafter, one of said bonds, together with the interest thereon, and the accumulated interest on all unredeemed bonds shall be paid. The payment and redemption of said bonds shall be in the order of issuance, the lowest-numbered bond to be first paid and redeemed, and so on until the whole number of bonds issued under the provisions of this act shall have been paid and redeemed, and all coupons shall be paid annually.

      Sec. 7.  Should the holder of said bonds, or of any of them, for any cause whatsoever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 8.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof, “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. All bonds issued under the provisions of this act shall be payable at the office of the county treasurer of Churchill County.

      Sec. 9.  Whenever the bonds and interest provided for by this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of Churchill County, be transferred to the county school fund of the said school district No. 4.


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κ1915 Statutes of Nevada, Page 81 (CHAPTER 60)κ

 

      Sec. 10.  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 thereof shall have been paid in full.

Faith of state pledged

 

________

 

CHAPTER 61

Chap. 61–An Act to amend section four and section five of an act entitled “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.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

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

      Section 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 five dollars therefore, 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 1 hereof, stating also the date such company qualified as aforesaid; provided, that such certificates shall expire on the first day of January of the year succeeding the date of issuance.

      Sec. 2.  Section five of the above-entitled act is hereby amended so as to read as follows:

      Section 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 shall not have expired. 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Surety company to obtain certificate from secretary of state

 

 

 

 

 

 

 

Certificate to be evidence

 

 

 

 

Provisos


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

κ1915 Statutes of Nevada, Page 82 (CHAPTER 61)κ

 

 

 

 

 

In effect January 1, 1916

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. 3.  This act shall take effect on the first day of January, 1916.

 

________

 

CHAPTER 62

 

 

 

 

 

 

 

 

 

 

Employer shall not prohibit employees from entering politics

 

Penalty-fine

 

 

 

 

Principal responsible

 

 

Damages not prevented

Chap. 62–An Act to prohibit any employer from making any rule or regulation against any of his or her employees on account of engaging in politics or running for public office, and providing a penalty for the violation thereof.

 

[Approved March 6, 1915]

 

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, firm, or corporation doing business or employing labor in the State of Nevada to make any rule or regulation, prohibiting or preventing any employee from engaging in politics or becoming a candidate for any public office in this state.

      Sec. 2.  Any person, firm, or corporation violating the provisions of this act shall upon conviction thereof be fined in a sum of not less than one hundred dollars nor more than five hundred dollars. The foregoing penalty shall be recovered in a suit brought for that purpose by the attorney-general in the name and for the benefit of the State of Nevada, but no such prosecution shall be commenced later than three months after the commission of the offense herein described. In all prosecutions hereunder the person, firm, or corporation violating this act shall be held responsible for the acts of his, her or its managers, officers, agents, and employees.

      Sec. 3.  Nothing herein contained shall be construed to prevent the injured employee from recovering damages from his or her employer for injury suffered through violation of this act.

 

________

 

CHAPTER 63

 

 

 

 

 

 

 

 

 

Relief of H. C. Jepson

Chap. 63–An Act to provide for the relief of H. C. Jepson, clerk and treasurer of Douglas County.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of fifty-seven dollars and eighty cents is hereby appropriated out of any money in the game and fish preservation fund of Douglas County, to be paid to H. C. Jepson, clerk and treasurer of Douglas County, for extra labor performed in the years of 1913 and 1914, in the issuance of fishing and hunting licenses and in keeping record thereof, his compensation consisting solely of fees.


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κ1915 Statutes of Nevada, Page 83 (CHAPTER 63)κ

 

clerk and treasurer of Douglas County, for extra labor performed in the years of 1913 and 1914, in the issuance of fishing and hunting licenses and in keeping record thereof, his compensation consisting solely of fees.

      Sec. 2.  The county auditor of said Douglas County is hereby directed to draw his warrant in favor of the said H. C. Jepson for fifty-seven dollars and eighty cents, and the county treasurer is hereby directed to pay the same.

 

 

 

$57.80 from Douglas County treasury

 

________

 

CHAPTER 64

Chap. 64–An Act to amend an act entitled “An act to establish a state printing office, and to create the office of superintendent of state printing,” approved March 11, 1879, by adding a section thereto, to be known as section 22.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An act to establish a state printing office and to create the office of superintendent of state printing,” approved March 11, 1879, is hereby amended by adding a section to be known as section 22, to read as follows:

      Section 22.  No person other than a practical printer shall be eligible to the office of superintendent of state printing.

 

 

 

 

 

 

 

 

 

Superintendent of state printing must be practical printer

 

________

 

CHAPTER 65

Chap. 65–An Act providing for the nomination and election of United States senators, and repealing sections 1, 2, 3, and 4 of chapter 9 of “An act relating to elections and removals from office,” approved March 31, 1913.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  At the general election next preceding the expiration of the time for which any United States senator was elected or appointed to represent the State of Nevada in the United States senate, candidates for United States senator may be nominated and elected in the same manner as provided by law for the nomination and election of state officers.

      Sec. 2.  Certificates of nomination of candidates for United States senator shall be filed with the secretary of state of Nevada, who shall certify the names of all candidates as shown therein to the various county clerks as now required by law in case of candidates for state officers, and the several county clerks in preparing the ballots to be voted for at any such general election, shall place thereon the names of all such candidates under the words “U. S. Senator-Vote for One,”

 

 

 

 

 

 

 

 

 

Election of U. S. senator

 

 

 

Nomination certificate to be filed with secretary of state


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κ1915 Statutes of Nevada, Page 84 (CHAPTER 65)κ

 

 

 

 

 

Governor may appoint, when

 

Repeal

 

In effect

words “U. S. Senator-Vote for One,” and there shall be a margin at the right-hand side of these names at least one-half inch wide, where the voter may indicate his choice of said candidates by making a cross or X.

      Sec. 3.  In case of a vacancy in the office of United States senator caused by death, resignation, or otherwise, the governor of Nevada may appoint some qualified person to fill said vacancy, who shall hold office until the next general election, and until his successor shall be elected and qualified.

      Sec. 4.  Sections 1, 2, 3, and 4 of chapter 9 of “An act relating to elections and removals from office,” approved March 31, 1913, are hereby repealed.

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 66

 

 

 

 

 

 

 

 

 

 

Amending jury act

 

 

 

 

Certain officers, callings, and professions exempt from jury duty

Chap. 66–An Act to amend section 9 of an act entitled “An act concerning juries,” approved March 5, 1873; approved March 5, 1875; approved March 5, 1877; approved March 7, 1881; approved March 12, 1895, the same being section 4932, Revised Laws, 1912.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of an act entitled “An act concerning juries,” approved March 5, 1873, approved March 5, 1875, approved March 5, 1877, approved March 7, 1881, approved March 12, 1895; the same being section 4932, Revised Laws, 1912, is hereby amended so as to read as follows:

      Section 9.  Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others, shall be exempt from service as grand or trial jurors: Any federal or state officer, judge, justice of the peace, county clerk, sheriff, constable, assessor, recorder, attorney at law, physician, nurse, married women or school teacher, dentist, minister of the gospel, telegraph and telephone operator, locomotive or stationary engineer, mail carrier, engaged in the actual carrying of the United States mail, on a regular mail route, and one-half of all members of each regularly enrolled fire company in the state, said half to be determined by the several fire companies respectively, and all officers of such fire companies, not exceeding ten for each company, and also in all cities and towns wherein there is a paid fire department, after such paid fire department shall have been organized and put in operation, all members of said paid fire department, and all persons who are now or may hereafter become members of any exempt fireman’s association, society, or organization within this state; but such exemption shall not extend to any member of such association, society, or organization, unless, prior to becoming a member of the same, such member shall have served as an active fireman,


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

κ1915 Statutes of Nevada, Page 85 (CHAPTER 66)κ

 

such member shall have served as an active fireman, in some regularly organized fire department in this state, for the period of three years, and also, in all cities and towns in this state, wherein there are volunteer fire departments, after such volunteer departments shall have been organized and put in operation, all members thereof; and also all members thereof who may hereafter become members of any exempt fireman’s association, society, or organization within this state; but such exemption shall not extend to any member of such association, society, or organization, unless, prior to becoming a member of the same, such member shall have served as an active fireman in some regularly organized volunteer fire department in this state for the period of five years; provided, that the entire exemption of such firemen, where there is a paid fire department, shall not exceed in one town or city, one hundred and fifty; and where there is a volunteer fire department, the entire exemption shall not exceed, in any one town or city, fifty; and further provided, that any person liable to grand or trial jury duty residing sixty or more miles distant from the county-seat of his county shall be exempted from service on either grand or trial juries for the period of one year upon making affidavit to the fact that he so resides, and filing the same with the clerk of the district court of the district in which his county is situated, and paying to such clerk the sum of twenty-five dollars. Upon the receipt of such affidavit and such sum, the clerk shall deliver to such person a certificate stating the fact of such receipts, and thereafter, for the period of one year from the date of such payment, the name of such person shall not be placed in the jury box, nor shall such person be selected as a grand or trial juror. It shall be the duty of said clerk, upon the receipt of said sum, to deliver the same to the county treasurer of his county, and the said treasurer shall immediately place the same to the credit of the general fund of said county. As amended, Stats. 1875, 137; 1877, 176; 1881, 155; 1895, 51.

 

 

 

 

 

 

 

 

 

Provisos

 

 

Persons residing 60 miles from county-seat exempt upon affidavit

 

________

 

CHAPTER 67

Chap. 67–An Act to amend section eighty-two of “An act for the incorporation of cities, their classification, establishment, and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith,” approved March 27, 1907, as amended March 3, 1909, and as incorporated in the Revised Laws of Nevada, 1912, as section 848.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section eighty-two of said act is hereby amended to read as follows:

      Section 82.  Before ordering any public improvement or repairs as provided in the last preceding section,

 


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κ1915 Statutes of Nevada, Page 86 (CHAPTER 67)κ

 

Estimates to be made by council of city improvements

 

 

 

Notices to be published, and posted near proposed work

repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the council shall cause estimates of the expenses thereof to be made, and also plats and diagrams, when practicable, of the work and the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, and by posting notices of the same in at least three public places in each ward, and also by posting a notice in or near the postoffice in said city, and by posting notices in three public places near the site of said proposed work. Said notices shall state the time when the council will meet and consider any suggestions and objections that may be made by parties in interest with respect to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, the improvement or work shall be ordered.

 

________

 

CHAPTER 68

 

 

 

 

 

 

 

 

 

 

 

Salary of justice of peace in Reno

 

 

 

 

 

In effect January 1, 1917

Chap. 68–An Act to amend “An act fixing the compensation of the justice of the peace and ex officio coroner and ex officio registry agent of Reno Township, Washoe County, Nevada,” approved March 25, 1913.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  The justice of the peace, ex officio coroner and ex officio registry agent of Reno Township, Washoe County, shall receive as full compensation for all services performed by him as such justice of the peace, registry agent, and coroner of said township the sum of two thousand four hundred ($2,400) dollars per annum payable in equal monthly installments, and in addition thereto he shall receive all fees collected by him for marriage ceremonies by him performed, together with reasonable expenses incurred in the performance of his duties as coroner outside of Reno Township.

      Sec. 2.  This act to take effect January first, 1917.

 

________

 

 


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κ1915 Statutes of Nevada, Page 87κ

CHAPTER 69

Chap. 69–An Act appropriating three hundred dollars for watering and care of the Grand Army cemetery at Carson City.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three hundred dollars is hereby appropriated, out of any money in the general fund not otherwise appropriated, for the purpose of watering and caring for the Grand Army cemetery at Carson City, Nevada.

      Sec. 2.  Annually on the first Monday in September, nineteen hundred and fifteen and nineteen hundred and sixteen, the state board of examiners shall audit and allow to the post quartermaster of the Grand Army at Carson City, Nevada, the sum of one hundred and fifty dollars, on the filing with said board of examiners, by said post quartermaster, the claim and sworn statement that the amount has been expended as provided in section 1 of this act.

      Sec. 3.  The state controller is hereby authorized and required to draw his warrants in favor of said post quartermaster for the sum named in this act, and the state treasurer is hereby authorized and required to pay the same.

 

 

 

 

 

 

 

 

Care of G. A. R. cemetery

 

$150 to be paid each year

 

 

 

 

Duties of controller and treasurer

 

________

 

CHAPTER 70

Chap. 70–An Act granting franchises for conducting and carrying on abattoirs, packing-houses, packing-house agencies, stockyards, renderies, tallow chandleries, tanneries, wool pulleries, bone, soap, and fertilizing factories, and conducting other factories and business incident or appurtenant to the foregoing; and other matters in connection therewith.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  In all cities in which, at the general election in the year A. D. 1914, there were polled for candidates for United States senator more than twenty-five hundred votes, and in which any person, firm, association, or corporation, or the heirs, assigns, or successors in interest of either of them, shall have heretofore invested not less than twenty thousand dollars, in real property, including improvements and equipment thereon, for the purpose of maintaining, conducting, and carrying on, and in which said city are now being maintained, conducted, and carried on, one or more or either of the following kind of business, to wit: Abattoirs; packing-houses; packing-house agencies; plants for the curing and smoking of meats and meat products, and for manufacturing into commercial form all by-products of said abattoirs and packing-houses;

 

 

 

 

 

 

 

 

 

 

 

Franchises for 50 years granted certain packing-houses and kindred businesses


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

κ1915 Statutes of Nevada, Page 88 (CHAPTER 70)κ

 

Franchises for 50 years granted

 

 

 

 

 

 

 

 

 

 

 

City may collect license

 

 

Repeal

houses; also carrying on stockyards and buildings, renderies, tallow chandleries, tanneries, wool pulleries, bone, soap, and fertilizing factories, and processing of offal, and for carrying on any other factories or business incident or appurtenant to all or either of the foregoing kinds of business, a franchise shall be and is hereby granted to each of said persons, firms, associations, or corporations, and to the heirs, successors, or assigns of either of them, to continue maintaining, conducting, and carrying on all or either of the businesses aforesaid for the period of fifty years from and after the date of enactment hereof, upon the lands and premises upon which said business or businesses were established or are being maintained, conducted, and carried on at the date hereof, and upon any premises adjacent to or in the immediate vicinity thereof, the title to which shall have been lawfully acquired and which may or shall hereafter be or become useful or advantageous in the maintaining, conducting, or carrying on of all or either of the businesses in this act enumerated; provided, however, that nothing in this act shall be so construed as to limit any municipality in its control and regulation or power to levy licenses or taxes upon the business or businesses herein described.

      Sec. 2.  All acts or parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 71

 

 

 

 

 

 

 

 

 

 

 

District judge to commit certain patients to hospital; mode of procedure

Chap. 71–An Act to amend section 7 of an act entitled “An act concerning the insane of the state, creating a board of commissioners for the care of the indigent insane, and to provide for the care of the insane,” approved March 25, 1913.

 

[Approved March 6, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of the above-entitled act is hereby amended so as to read as follows:

      Section 7.  It shall be the duty of the judge of the district court in each judicial district in this state, upon the application of any person under oath, setting forth that any person, by reason of insanity, is unsafe to be at large, because of his homicidal, suicidal, or incendiary disposition, and even these must not be cases of delirium tremens or harmless imbecility or feeble-mindedness, either congenital or as the result of alcoholic excesses, drugs, or the natural failing of old age, to cause the said person to be brought before him at such time and place as he may direct. Said judge may direct the clerk of said court to issue subpenas for the attendance of witnesses at the examination of said person, and such witnesses shall be paid their actual expenses caused by their attendance aforesaid, the amount of said expenses to be determined by said judge, and paid as he shall order; and the said judge shall also cause to appear at the same time and place one or more licensed practicing physicians,


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

κ1915 Statutes of Nevada, Page 89 (CHAPTER 71)κ

 

appear at the same time and place one or more licensed practicing physicians, who shall proceed to examine the person alleged to be insane; and if said physicians, after careful examination, shall certify upon oath that the charge is correct, and if the judge is satisfied that such person is, by reason of insanity, unsafe to be at large, and is incompetent to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, children, brother, or sister living within this state of sufficient means or ability to provide properly for such care and support, he shall cause the said indigent insane person to be conveyed to the Nevada hospital for mental diseases of this state, at the expense of the state, and place the said person in charge of the proper person having charge of said Nevada hospital for mental diseases, together with a copy of the complaint, commitment, and physician’s certificate, which shall be in such form as the board of commissioners may prescribe, and a full and complete transcript of the notes of the official court reporter made at the examination of said person before the committing magistrate. Said physician or physicians shall be paid a reasonable sum for their services, the amount to be determined by said judge, and paid as he shall order, but not to exceed ten dollars for a half-day, nor twenty dollars for a whole day. Said official reporter shall be compensated as ordered by said judge, the fees to be the same as those prescribed in section 4913 of the Revised Laws of 1912.

 

 

 

 

 

 

 

Indigent patients

 

 

 

 

 

 

Physicians’ and reporters’ fees

 

________

 

CHAPTER 72

Chap.72–An Act to repeal that certain act entitled “An act to provide a typewriter operator for the county clerk of White Pine County, Nevada, and fix the salary of said operator,” approved February 1, 1909.

 

[Approved March 8, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act entitled “An act to provide a typewriter operator for the county clerk of White Pine County, Nevada, and fixing the salary of said operator,” approved February 1, 1909, is hereby repealed.

      Sec. 2.  This act shall be in force and effect from and after its passage and approval.

 

 

 

 

 

 

 

 

 

Repealing act concerning White Pine County

 

In effect

 

________

 

 


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κ1915 Statutes of Nevada, Page 90κ

CHAPTER 73

 

 

 

 

 

 

 

 

 

Employers must provide good water for miners

 

 

 

 

Inspector to enforce

 

Penalty

Chap. 73–An Act requiring that suitable drinking water and receptacles therefor be furnished in underground workings; and providing penalties for the violation thereof.

 

[Approved March 8, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every corporation, company, owner, or operator of a mine or underground workings in this state employing more than five men, shall, during working hours, provide suitable receptacles containing fresh, clean water for drinking purposes at places convenient to where men are employed in said underground workings. Said receptacles shall be supplied with a substantial cover which may be securely fastened or locked to prevent dust or dirt from entering therein, and shall be so made that the water shall be drawn from a valve or faucet.

      Sec. 2.  It shall be the duty of the state inspector of mines to enforce the provisions of this act.

      Sec. 3.  Any corporation, company, owner, or operator who fails, neglects, or refuses to obey the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

 

________

 

CHAPTER 74

 

 

 

 

 

 

 

 

 

 

 

 

 

 

License for peddlers, etc.

 

 

 

Exception

Chap. 74–An Act to amend section 123 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, and as amended and approved March 13, 1913.

 

[Approved March 8, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That said section 123 of said act as amended is hereby amended to read as follows:

      Section 123.  Every traveling merchant, hawker, or peddler, and every auctioneer, shall, before vending any goods, wares, or merchandise, or acting as auctioneer, in any county of this state, procure from the sheriff of such county a license authorizing such business in such county, and shall pay for such license the sum of fifty dollars per month, if no freight-car, vehicle, wagon, or animals be used in such business, but if a freight-car standing on a side-track, or a vehicle, wagon, or one or more animals be used in connection therewith, such license shall be seventy-five dollars per month; provided, however, that no license shall be required from the grower or growers of Nevada products for selling their fruits, vegetables, or other agricultural products, butter, eggs, honey, or poultry raised or produced in the State of Nevada.


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

κ1915 Statutes of Nevada, Page 91 (CHAPTER 74)κ

 

growers of Nevada products for selling their fruits, vegetables, or other agricultural products, butter, eggs, honey, or poultry raised or produced in the State of Nevada. The county auditor shall issue to the sheriff of the several counties the license contemplated by this section, and they shall be issued by such sheriff to applicants therefor, upon the terms hereinbefore stated; and any such merchant, peddler, or auctioneer who shall offer for sale any goods, wares, or merchandise, or act as auctioneer, without having first obtained a license as hereinbefore provided, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty dollars nor more than five hundred dollars.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

 

 

 

 

 

 

Penalty

 

Repeal

 

________

 

CHAPTER 75

Chap. 75–An Act to provide for the completion of the county high-school building in the city of Ely, Nevada; for the completion of the furnishing and equipment of said building; for the issuance and payment of bonds for the creation of a fund for the completion of said building and the furnishing and equipment of same.

 

[Approved March 9, 1915]

 

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, empowered, and directed to prepare and issue bonds of said county for an amount not to exceed the sum of twenty thousand dollars, exclusive of interest, for the purpose of providing funds for the completion of the county high-school building in the city of Ely and for the completion of the furnishing and equipment of said building.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of one thousand dollars each. They shall be numbered from one to twenty consecutively. They shall be signed by the chairman of the board of county commissioners, countersigned by the county treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered and signed by the chairman of the board of county commissioners and by the county treasurer.

      Sec. 3.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond, and to whom issued.

 

 

 

 

 

 

 

 

 

 

Completion of high school at Ely

 

 

 

 

Denomination of bonds

 

 

 

 

 

 

 

Record kept


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κ1915 Statutes of Nevada, Page 92 (CHAPTER 75)κ

 

 

Negotiation of bonds

 

 

 

 

 

 

Interest limited

 

 

 

 

 

 

Redemption of bonds

 

 

 

Semiannual interest

 

 

 

“White Pine County High School Equipment Fund”

 

 

Residue of funds, how disposed of

 

 

 

 

 

 

 

County board of education to determine character of improvements, etc.

      Sec. 4.  The board of county commissioners of White Pine County is hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale or sales, as they may deem for the best interest of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than their par value, and that the bonds and the interest thereon shall be made payable in gold coin of the United States; and provided further, that the said board shall sell the bonds to the highest and best bidder or bidders in the event that they elect not to sell the same at private sale or sales.

      Sec. 5.  The interest on said bonds shall not exceed five per cent per annum, and shall be payable semiannually on the first of January and the first of July of each year after the year 1915, at the office of the county treasurer of said White Pine County, and in no case shall any of said bonds run for a longer period than seventeen years, and provided that the interest on said bonds shall cease on the maturity thereof, as hereinafter provided.

      Sec. 6.  On the first day of January of the year 1929, and annually thereafter, five of such bonds, together with the interest thereon, shall be paid and redeemed by the county treasurer of White Pine County. The payment and redemption of said bonds shall be in the order of their issuance, the lowest bond to be the first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act shall have been paid and redeemed. The interest coupons shall be paid semiannually.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as the “White Pine County High School Equipment Fund,” and to pay out said moneys in the manner now provided by law for the payment of the “County High School Fund,” and for the purposes provided for in this act.

      Sec. 8.  The county board of education of White Pine County is hereby authorized and directed to use such money derived from the sale of such bonds, or such portion thereof as they may deem necessary, for the completion of the county high-school building in the city of Ely, Nevada, and for the completion of the equipment and furnishing of said building, and any balance remaining in such fund after the completion of the building, equipment, and furnishing thereof shall be turned over and converted into the proper fund provided for the running and maintaining said high school in accordance with and pursuant to the provisions of the law pertaining to the establishment, maintenance, and management of high schools in the various counties of this state.

      Sec. 9.  Said county board of education shall determine as to the character of said improvements, materials to be used therefor, and plans therefor. The laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the county board of education in carrying out the provisions of this act.


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κ1915 Statutes of Nevada, Page 93 (CHAPTER 75)κ

 

county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education in carrying out the provisions of this act shall be paid in the manner now provided by law for paying claims against the “County High School Fund.”

      Sec. 10.  The county treasurer of the said White Pine County shall be liable on his official bond for the safe keeping of the money which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 11.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of said White Pine County is hereby authorized and empowered to levy and collect annually a special tax on all property, both real and personal, subject to taxation, including the proceeds of mines, within the boundary of said White Pine County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire the same as hereinabove provided. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as “White Pine County High School Equipment Bond Redemption Fund.”

      Sec. 12.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in the said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said county high school.

      Sec. 13.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the sum so paid.

      Sec. 14.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bond to the said county treasurer for payment when they become due, all interest on said bonds shall thereafter immediately cease.

      Sec. 15.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act specified.

 

 

 

 

County treasurer responsible

 

 

“White Pine County High School Equipment Bond Redemption Fund”

 

 

 

 

 

 

 

 

Tax to cease, when

 

 

 

Treasurer to cancel paid bonds

 

 

 

 

 

Interest ceases, when

 

Faith of state pledged

 

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κ1915 Statutes of Nevada, Page 94κ

CHAPTER 76

 

 

 

 

 

 

 

 

 

 

Annual report of state controller, what shall contain

 

 

 

 

 

 

 

 

 

 

 

To keep account with each county, and with the United States, etc.

 

 

 

 

 

 

 

 

Further duties

Chap. 76–An Act to amend an act entitled “An act defining the duties of state controller,” approved February 24, 1866.

 

[Approved March 9, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  He shall digest, prepare, and report to the governor, on the first day of January, or within twenty-five days thereafter, annually, to be laid before the legislature at each regular session, a complete statement of the condition of the revenues, taxable funds, resources, incomes, and property of the state, and the amount of the expenditures for the preceding fiscal year; a full and detailed statement of the public debt; estimate of the revenues and expenditures for the succeeding fiscal year; also, a tabular statement showing separately the whole amount of each appropriation of money made by law, the amount paid under the same, and the balance unexpended; a tabular statement showing the amount of revenue collected from each county for the preceding year; and shall recommend such plans as he may deem expedient for the support of the public credit, for promoting frugality and economy in the public offices, for lessening the public expenses, and, generally, for the better management and more perfect understanding of the fiscal affairs of the state.

      Sec. 2.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  The controller shall open and keep an account with each county, charging the counties with the revenue collected, as shown by the auditor’s statements, and also with their proportions of the salaries of the district judges, and crediting them with the amounts paid to the state treasurer. He shall also keep and state all accounts between the State of Nevada and the United States, or any state or territory, or any individual, corporation, or public officer of this state, indebted to the state, or intrusted with the collection, disbursement, or management of any moneys, funds, or interests arising therefrom, belonging to the state, of every character and description whatsoever, where the same are derivable from or payable into the state treasury. He shall settle the accounts of all county treasurers, and other collectors and receivers of all state revenues, taxes, tolls, and incomes, levied or collected by any act of the legislature and payable into the state treasury. He shall keep fair, clear, distinct, and separate accounts of all the revenues and incomes of the state, and also all the expenditures, disbursements, and investments thereof, showing the particulars of every expenditure, disbursement, and investment, and he shall have the power to direct the collection of all accounts or moneys due the state, and if there be no time fixed or stipulated by law for payment of any such accounts or moneys, they shall be payable at the time set by the controller.


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κ1915 Statutes of Nevada, Page 95 (CHAPTER 76)κ

 

stipulated by law for payment of any such accounts or moneys, they shall be payable at the time set by the controller.

      Sec. 3.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  He shall draw all warrants upon the treasury for money, and each warrant shall express, in the body thereof, the particular fund out of which the same is to be paid, the appropriation under which the same is drawn, and the nature of the service to be paid, and no warrant shall be drawn on the treasury except there be an unexhausted specific appropriation, by law, to meet the same. He shall keep an account of all warrants by him drawn on the state treasury, which account shall be kept in such manner as to show monthly the amount of warrants drawn, the amount paid, and the amount outstanding. He shall keep a record of all appropriations in a book provided for that purpose, in which book he shall enter the nature of the appropriation, referring to the statute authorizing the same, the amount appropriated, the amount paid therefrom for each month thereafter, with a yearly total of all payments and the balance remaining, and the amount, if any, reverting.

      Sec. 4.  Section 19 of the above-entitled act is hereby amended to read as follows:

      Section 19.  He shall keep accounts with the following named funds heretofore created: Automobile road fund, contingent university fund, district judges’ salary fund, Panama-Pacific exposition fund, Panama-California exposition fund, general fund, normal training school funds for various counties, state distributive school fund, state permanent school fund, state loan interest and redemption fund, state library fund, territorial interest fund, Nevada school of industry fund, sheep inspection fund, and such other funds as may hereafter be created, or as said controller may deem advantageous to keep. He shall credit the funds with the amount of money received, and shall charge them with the amount of warrants drawn.

      Sec. 5.  Section 20 of the above-entitled act is hereby amended to read as follows:

      Section 20.  He shall keep a record of all receipts of money by the treasurer, in a book provided for that purpose, in which book he shall show in detail the nature of the receipt and the apportionment of the amount to the various funds. He shall charge the treasurer and shall credit the income accounts with all money received.

      Sec. 6.  Section 22 of the above-entitled act is hereby amended to read as follows:

      Section 22.  He shall draw a warrant in favor of any person entitled to draw or to receive any money from the treasury, and deliver the same to the person entitled thereto. He shall keep a warrant register, in which book he shall enter all warrants drawn by him. The arrangement of this book shall be such as to show the bill number, the warrant number, the amount, out of which fund the same are payable, and a distribution of the same under the various appropriations and into the various asset and expense accounts.

 

 

 

To draw warrants, and keep account thereof, and of all appropriations

 

 

 

 

 

 

 

 

 

 

 

Various funds named

 

 

 

 

 

 

 

 

 

 

Account with state treasurer

 

 

 

 

Warrant register, etc.


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κ1915 Statutes of Nevada, Page 96 (CHAPTER 76)κ

 

 

 

 

 

 

Record of assignments

amount, out of which fund the same are payable, and a distribution of the same under the various appropriations and into the various asset and expense accounts. He shall credit the treasurer with all warrants paid.

      Sec. 7.  Section 23 of the above-entitled act is hereby amended to read as follows:

      Section 23.  He shall keep a record of all assignments of warrants in a book provided for that purpose, in which book he shall enter the date of filing, the number, the name of the assigner and assignee, with such other particulars as may be necessary to accomplish the purposes of such a record.

 

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CHAPTER 77

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney of Nye County

 

 

 

 

 

 

 

 

Repeal

Chap. 77–An Act to amend section one of an act entitled “An act to amend an act entitled ‘An act fixing the compensation of county and township officers in Nye County, State of Nevada, and matters pertaining to the collections 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,” approved March 25, 1913.

 

[Approved March 9, 1915]

 

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 district attorney shall receive a salary of thirty-six hundred 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 and living expenses, while absent from the county-seat in the 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. 2.  All acts and parts of acts in conflict with or inconsistent with this act are hereby repealed.

 

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κ1915 Statutes of Nevada, Page 97κ

CHAPTER 78

Chap. 78–An Act to authorize county commissioners in counties not having high schools, to aid district high schools under certain conditions, and other matters properly connected therewith.

 

[Approved March 9, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  In any county in which no county high school is located, the county commissioners shall levy a county tax for high-school purposes of not less than ten (10) cents on the hundred ($100) dollars of assessed valuation of the county for the benefit of any district high school or schools that comply with the following conditions:

      1.  That the said high school or schools shall have standard courses in commercial work or manual arts or domestic arts, or standard courses in agriculture;

      2.  That the board of school trustees of the district or districts having high schools as described in paragraph 1 of these conditions shall each have levied a special district tax of not less than fifteen (15) cents on the hundred ($100) dollars of the assessed valuation;

      3.  That the board of school trustees of each district interested shall have passed a resolution opening their high school to all properly qualified students of the county.

      Sec. 2.  In counties having more than one district high school affected by the provisions of this act, the amount raised by the county for high-school purposes, as provided in section 1 hereof, shall be apportioned by the state superintendent of public instruction at the time of each semiannual apportionment of the state and county school moneys in January and July on the following basis:

      1.  One-third of the amount in this fund reported by the county treasurer, to the different high schools affected on the ratio of high-school enrollment according to the last preceding annual reports of the city superintendents, or of the principals of the schools affected;

      2.  One-third, on the comparative school census of the districts affected, according to the last preceding annual school census;

      3.  One-third, on the comparative assessed valuation of the districts affected, according to the last preceding assessment.

      Sec. 3.  The board of school trustees of any district availing itself of the benefits of this act is hereby empowered to provide for the rental, purchase, or erection of a suitable dormitory or dormitories and dining-hall for high-school students whose homes are outside of a district having a high school in said county, and to provide for the comfort, maintenance, and management of the same.

 

 

 

 

 

 

 

 

 

High-school tax in counties without regular high school

 

 

Must have standard courses in certain subjects

 

 

 

 

 

 

Amount apportioned by state superintendent

 

 

Basis of apportionment


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κ1915 Statutes of Nevada, Page 98 (CHAPTER 78)κ

 

Dormitory and dining-hall

Repeal

management of the same. The said dormitory or dormitories shall be considered part of the regular high-school equipment and organization.

      Sec. 4.  All acts or parts of acts in conflict herewith are hereby repealed.

 

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CHAPTER 79

 

 

 

 

 

 

 

Florence Crittenton Mission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $4,800

 

 

 

 

Paid in monthly installments

Chap. 79–An Act appropriating four thousand eight hundred dollars for the support and maintenance of the Florence Crittenton Mission of Nevada, Incorporated, located at Reno, Washoe County, Nevada.

 

[Approved March 9, 1915]

 

      Whereas, A number of the citizens of the State of Nevada have incorporated under the laws of the State of Nevada the Florence Crittenton Mission, Incorporated, and a branch of the National Crittenton Mission; and

      Whereas, Among other things, the purposes for which said corporation is formed are: To aid and encourage destitute, homeless, and friendless women to lead lives of respect, and to reach positions of honorable self-support; to provide a temporary home and employment for women and girls who have been led from the path of virtue and who sincerely desire to reform, and to aid and encourage them to seek respectability and reformation of character; to provide shelter for young and unprotected mothers with their children, and to encourage and assist young mothers in caring for their children, etc.; and

      Whereas, Said corporation has no capital stock nor shares of stock; and its members consist of men and women who are in sympathy with, and who voluntarily contribute to, its purposes, and the contributions of said corporation since its organization have been very small; and

      Whereas, Said corporation has cared for many who have sought shelter, and the demands of said corporation are continually increasing, and it is without funds to properly care for those seeking its protection, and carrying out the great objects and purposes for which it was organized: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of four thousand eight hundred dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the purposes of assisting the Florence Crittenton Mission of Nevada, Incorporated, in carrying out the objects and purposes for which it was organized; provided, that said money shall be used for the purposes ordered, and with the consent of the state board of examiners.

      Sec. 2.  Said four thousand eight hundred dollars thus appropriated shall be paid to the treasurer of said corporation in installments of two hundred dollars per month for a period of twenty-four (24) months.


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κ1915 Statutes of Nevada, Page 99 (CHAPTER 79)κ

 

      Sec. 3.  The state controller is hereby authorized and required to draw his warrant in favor of the treasurer of said corporation for the sums named in this act, and the state treasurer is hereby authorized and required to pay the same.

Duties of controller and treasurer

 

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CHAPTER 80

Chap. 80–An Act for the relief of the Southern Pacific company.

 

[Approved March 9, 1915]

 

      Whereas, During the year 1912 the Southern Pacific company did furnish E. H. Walker, secretary of the railroad commission of Nevada, transportation to the amount of $151.35 at the request of the above-named commission; and

      Whereas, Said claim has not been paid because of failure to present, previous to the reversion to the general fund, of the appropriation of which said claim was payable; and

      Whereas, Said claim is a just and a proper one, having been approved by the railroad commission of Nevada, and by the state board of examiners on April 10, 1913, and February 4, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw his warrant in the sum of $151.35 in payment of the above-mentioned claim, in favor of the Southern Pacific company, and the state treasurer is directed to pay the same.

 

 

 

 

Relief Southern Pacific

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $151.35

 

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CHAPTER 81

Chap. 81–An Act for the relief of the Nevada bureau of industry, agriculture and irrigation.

 

[Approved March 9, 1915]

 

      Whereas, During the year 1914 there was a deficiency in the appropriation for the support of the Nevada bureau of industry, agriculture and irrigation to the extent of $259.55, and from which the following claims are payable: C. A. Norcross, $10; C. A. Norcross, $12; Raycraft Reality Co., $237.55-$259.55; and

      Whereas, Said claims were approved by the state board of examiners on January 2, 1915, and said bureau of industry, agriculture and irrigation authorized to create said deficit by said board of examiners: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw his warrants in favor of the Nevada bureau of industry, agriculture and irrigation, in payment of the above-named claims, and the state treasurer is directed to pay the same.

 

 

 

 

 

 

Relief Nevada bureau of industry, etc.

 

Claims-$259.55-to be paid

 

 

 

 

 

Duties of controller and treasurer

 

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κ1915 Statutes of Nevada, Page 100κ

CHAPTER 82

 

 

 

 

 

Relief Logan experiment farm

 

 

 

 

 

 

 

 

Appropriation, $306.25

Chap. 82–An Act for the relief of the state agricultural experiment farm at Logan, Clark County, Nevada.

 

[Approved March 9, 1915]

 

      Whereas, During the month of April, 1914, the state agricultural experiment farm, located at Logan, Clark County. Nevada, contracted deficiencies for labor, salary, and supplies to the amount of $306.25; and

      Whereas, Such deficiency is a just claim against the state, having been certified to by the board of control of said farm, and approved by the state board of examiners on July 22, 1914, and January 2, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw his warrant in favor of the said state agricultural experiment farm, located at Logan, Clark County, for the sum of $306.25, and the state treasurer is directed to pay the same.

 

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CHAPTER 83

 

 

 

 

 

 

 

 

Fees of county clerk of Elko County

Chap. 83–An Act to regulate the fees of the county clerk of Elko County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

 

[Approved March 9, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of the county of Elko, State of Nevada, as county clerk and ex officio clerk of the district court of the Fourth judicial district of the State of Nevada, in and for the county of Elko, shall, from and after the passage of this act, charge and collect the following fees:

      On the commencement of any action or proceeding in the district court or on an appeal thereto or on the transfer of any case from a justice’s court, except probate proceedings, to be paid by the party commencing such action or proceeding or taking such appeal, or on the transfer of a case from a justice’s court, by the plaintiff therein, seven dollars; said fee to be in addition to the court fee now provided 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; said fee to be in addition to the court fee now provided by law.

      On filing a petition to contest any will or codicil, five dollars, to be paid by the petitioner.

      On the filing of objection or cross-petition to the appointment of an executor, administrator, or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, five dollars, to be paid by the moving or objection party.


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κ1915 Statutes of Nevada, Page 101 (CHAPTER 83)κ

 

estate or guardianship matter, five dollars, to be paid by the moving or objection party.

      On the commencement of proceedings in an adoption case, five dollars.

      On the appearance of any defendant or any number of defendants answering jointly, five dollars.

      On the appearance of every additional defendant, appearing separately, or any number of additional defendants, appearing jointly, two dollars and fifty cents.

      On the filing of a complaint in intervention, two dollars and fifty cents.

      The foregoing fees shall be in full for all services rendered by such clerk in the case, to and include the making up of the judgment roll.

      The clerk shall also be entitled to charge and collect the following fees and compensations not above provided for:

      For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing same, two dollars and fifty cents, which shall be in full for all services to be rendered in connection with said motion.

      For issuing an execution or order of sale, in any action, one dollar.

      For filing a notice of appeal, and appeal bond, each, fifty cents.

      For filing remittitur from the supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio.

      For issuing transcript of judgment and certifying thereto, one dollar.

      For filing and docketing abstract of judgment of justice’s court and issuing execution thereon, one dollar and fifty cents.

      For filing any paper in any case after judgment, not otherwise provided for, fifteen cents.

      For making satisfaction of or credit on judgment, twenty-five cents.

      For recording any instrument or paper required to be recorded in his office, other than an instrument or paper in an action or proceeding in court, as otherwise specified in this act, twenty cents per folio.

      For certifying any copy of any record, proceeding, or paper on file in the office of the clerk, fifty cents, and when such copy is made by him, per folio, fifteen cents.

      For filing each claim in probate or insolvency proceedings, fifteen cents.

      For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each, fifteen cents; and for indexing, twenty-five cents.

      For filing, indexing and recording articles of incorporation, ten dollars.

      For filing, indexing, and registering certificates of copartnership, one dollar.

Fees of county clerk of Elko County


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κ1915 Statutes of Nevada, Page 102 (CHAPTER 83)κ

 

Fees of county clerk of Elko County

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees go to county treasury; certain exceptions

 

 

 

 

 

 

 

 

Repeal

      For issuing marriage licenses, two dollars, one-half to be paid to the county recorder.

      For administering each oath, without certificate, except in a pending action or proceeding, twenty-five cents.

      For issuing any certificate under seal, not otherwise provided for, fifty cents.

      For taking any affidavit, except in criminal cases, twenty-five cents.

      For searching records or files in his office, for each year, fifty cents, but not to charge suitors or attorneys.

      For taking acknowledgment of any deed or other instrument, including the certificate, one dollar.

      No fee shall be charged by the clerk for any services rendered in any criminal case or in habeas corpus proceedings.

      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 act performed shall be charged and collected.

      Sec. 2.  All fees collected by said county clerk under the provisions of this act shall be by him turned into the general fund of said Elko County each month; provided, he may retain for his own use the fees and compensations allowed for all services performed by him as clerk of the district court (and authorized by acts of Congress) in connection with the entry and final proofs relative to government lands, and the naturalization of aliens; and provided further, that he shall, pursuant to “An act to provide for the establishment, maintenance, and operation of law libraries in the various counties of this state, and repealing all other acts and parts of acts in conflict therewith,” approved March 25, 1913, set aside from the costs received on the commencement in or removal to said district court of any civil action, proceeding, or appeal, such sum as the county commissioners may set for such purpose.

      Sec. 3.  All acts and parts of acts in conflict with this act are hereby repealed.

 

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CHAPTER 84

 

 

 

 

 

 

 

 

 

High school in Sparks

Chap. 84–An Act to provide for the construction and equipment of a high-school building in the city of Sparks, Washoe County, Nevada, the holding of an election, the issuing of bonds and the levying of a tax therefor.

 

[Approved March 10, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of school trustees of Sparks school district number 29, in Washoe County, State of Nevada, is hereby authorized to prepare and issue bonds of said school district in the amount of $35,000, exclusive of interest, for the purpose of providing funds for erecting, furnishing, and equipping a high-school building in the city of Sparks, which building shall be adaptable, among other things, for instruction in manual training and domestic science, purchasing grounds upon which to erect the same, and purchasing and installing a heating plant therein.


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κ1915 Statutes of Nevada, Page 103 (CHAPTER 84)κ

 

purpose of providing funds for erecting, furnishing, and equipping a high-school building in the city of Sparks, which building shall be adaptable, among other things, for instruction in manual training and domestic science, purchasing grounds upon which to erect the same, and purchasing and installing a heating plant therein.

      Sec. 2.  Said board of trustees shall, by resolution entered upon its records, submit the question of contracting a bonded indebtedness for the purpose mentioned in this act to a vote of the qualified electors of said district at the next general election of the school trustees, or at a special election which said board of trustees is hereby authorized to call for such purpose.

      Sec. 3.  The election provided for in this act shall be called and held and the vote canvassed and returned in all respects as nearly as may be in accordance with the provisions of law now governing the election of school trustees; provided, that notice of such election shall be published once a week for two successive weeks preceding said election in a newspaper published in said district. The election notice must contain:

      First-The time and place of holding such election.

      Second-The names of inspectors to conduct the same.

      Third-The hours during the day in which the polls will be open.

      Fourth-The amount and denomination of the bonds, the rate of interest, the number of years the bonds are to run, and the purpose for which the bonds are to be issued. All persons voting on the question submitted at such election shall vote by separate ballot whereon is placed the words “For the Bonds” and “Against the Bonds.” The ballots shall be deposited in a separate box provided by the board of trustees for that purpose.

      Sec. 4.  If, upon the determination of the result of such election, it shall appear that a majority of all the votes cast is “For the Bonds” the board of trustees shall, as soon as practicable, issue the negotiable coupon bonds of the district in such form as the board of trustees shall direct. Said bonds shall be thirty-five in number, numbered consecutively from one to thirty-five, both inclusive, of the denomination of $1,000 each, bearing date of the day of the resolution of said board of trustees finally adopting the form of said bonds, and redeemable as hereinafter provided. If it shall appear that a majority of all the votes cast is “Against the Bonds” the power of the board of trustees to issue bonds under this act shall not thereby be lost, but said board of trustees shall thereafter, at the next succeeding general election of the school trustees, submit the question of contracting said bonded indebtedness to a vote of the qualified electors of said district in the manner specified in section 3 of this act.

      Sec. 5.  Said bonds shall bear interest from their date until paid at the rate of not to exceed six per cent per annum, payable semiannually. Each installment of interest to the date of maturity of the principal shall be evidenced by appropriate coupons attached to each bond, and both the principal and interest shall be payable in gold coin of the United States of America at the office of the county treasurer of Washoe County, and said bonds shall not be sold for less than their par value and accrued interest, except as hereinafter provided.

 

 

 

 

 

Referendum vote

 

 

 

Election notice to be published

 

 

 

 

What to contain

 

 

 

 

 

 

 

 

Bonds to be issued if election favorable

 

 

 

 

 

 

 

 

 

 

Interest not to exceed 6 per cent


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κ1915 Statutes of Nevada, Page 104 (CHAPTER 84)κ

 

 

 

 

 

Notice of sale of bonds to be published

 

 

 

 

 

 

 

 

 

 

Bonds signed by school officers

 

 

 

Register of bonds kept by county treasurer

 

 

 

 

 

 

“Sparks High School Building Fund”

 

 

 

“Sparks High School Bond Redemption Fund”

of maturity of the principal shall be evidenced by appropriate coupons attached to each bond, and both the principal and interest shall be payable in gold coin of the United States of America at the office of the county treasurer of Washoe County, and said bonds shall not be sold for less than their par value and accrued interest, except as hereinafter provided. Before said sale is made, notice thereof must be given by publication in a newspaper published in said district for at least one week before said bonds are sold, inviting sealed bids to be made for said bonds, and said bonds shall be sold to the highest and best bidder therefor; the board of trustees, however, may reserve the right to reject any and all bids and may, if it deems it for the best interest of said district, sell the bonds at private sale at one time, or from time to time, as funds are required for the purpose mentioned in this act, at not less than their par value and accrued interest; provided, that if said bonds are issued after the board of county commissioners shall have levied the state and county taxes for that year, said bonds may be sold at par value, less one year’s interest thereon, at the rate specified therein, and thereupon the interest coupons upon said bonds for the first year of the term thereof shall be removed and canceled by the county treasurer.

      Sec. 6.  All bonds issued under the provisions of this act shall be signed by the president of the board of trustees, attested by the clerk thereof, sealed with the district seal, and countersigned by the county treasurer; and the interest coupons to be attached thereto shall be signed by the original or engraved facsimile signature of said president, clerk, and treasurer.

      Sec. 7.  All such bonds shall, before being issued, be registered by the county treasurer in a book kept for that purpose in his office, which registry shall show the school district, the amount and time of payment, and rate of interest, and all such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry, the county treasurer shall cause said bonds to be delivered to the purchasers of the same, upon payment being made therefor.

      Sec. 8.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as “Sparks High School Building Fund,” and to pay out the same upon the warrants of said board of trustees, and for the purpose for which the same were received.

      Sec. 9.  For the purpose of creating a fund for the payment of said bonds and the interest thereon, the board of county commissioners of Washoe County is hereby authorized and required at the time of making the annual levy of taxes for state and county purposes for the year following the issue of said bonds, and annually thereafter, to levy a sufficient tax on all taxable property of said district to pay and retire one of said bonds each year beginning with the second year after their issue, and to pay the interest on all of said bonds as and when the same shall become payable.


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κ1915 Statutes of Nevada, Page 105 (CHAPTER 84)κ

 

all taxable property of said district to pay and retire one of said bonds each year beginning with the second year after their issue, and to pay the interest on all of said bonds as and when the same shall become payable. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasurer and set apart as a fund, which is hereby created, to be known as “Sparks High School Bond Redemption and Interest Fund.”

      Sec. 10.  On the first day of July of the second year following the issue of said bonds, and every year thereafter, one of said bonds, together with the accrued interest thereon, shall be paid, and the payment and redemption of said bonds shall be in the order of their issuance, the lowest numbered bond to be first paid and redeemed, and so on until the whole amount of bonds issued under the provisions of this act shall be paid and redeemed. The coupons thereon shall be paid semiannually as provided in said bonds. If the tax for the interest on the bonds for the first year after their date of issue is not collected in time for use in paying the interest coupons maturing during that year, the county treasurer shall pay the interest accruing on said bonds in said year out of the general county fund, and return to said county fund the sum so advanced out of the first money in said school fund collected from said tax levy. The county treasurer shall cancel said bonds as paid and certify his action to said board of trustees.

      Sec. 11.  No change in the boundary lines of said district shall release the taxable real property thereof from assessment and levy of the taxes to pay the interest and principal of such bonds, and if there shall be any change in the boundary lines of such school district so as to leave out any portion of the taxable real property of the district which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the boundary lines of such school district so as to annex or include any taxable property, after the issue of such bonds, the property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds.

      Sec. 12.  All taxes levied and assessed as in this act provided shall constitute a lien on the property charged therewith from the date of the levy thereof by the county commissioners, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes. No additional allowance, fee, or compensation whatever shall be paid to any officer for carrying out the provisions of this act.

      Sec. 13.  Said board of trustees is hereby authorized and directed to use the money derived from the sale of said bonds, or such portion thereof as it may deem necessary, for the purchase of a site in the city of Sparks, Nevada,

 

 

 

 

 

 

 

When bonds shall be redeemed

 

 

 

 

 

 

 

 

 

Boundaries of district, change of, not to release property from taxes

 

 

 

 

 

 

 

 

Tax lien on property

 

 

 

 

 

Trustees to purchase site and erect high-school building


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κ1915 Statutes of Nevada, Page 106 (CHAPTER 84)κ

 

 

 

 

 

 

 

 

 

 

 

 

Interest ceases, when

 

Surplus reverts to general district school fund

 

Election expenses to be paid

chase of a site in the city of Sparks, Nevada, for said high-school building, for the erection thereon of a high-school building, for furnishing and equipping the same, and installing a heating plant therein; and said board shall determine the character of said building, plans, site, materials, furnishings, equipment, and heating plant therefor, and shall advertise for bids for the construction of said building and the furnishings, equipment, and heating plant therefor, either under one contract or under separate contracts, as it shall deem for the best interest of said district, and shall let such contract or contracts to the lowest responsible bidder or bidders as the case may be; and may reject any and all bids and readvertise until a bid or bids satisfactory to it are obtained.

      Sec. 14.  If the holder of any of said bonds shall, for any cause, fail to present the same for redemption at maturity, all interest on such bond or bonds which have matured shall thereafter cease.

      Sec. 15.  If there shall be any surplus in said “Sparks High School Building Fund,” after the completion of said high-school building, furnishings, equipment, and heating plant, such surplus shall without delay be passed by the county treasurer to the credit of the general school fund of said district.

      Sec. 16.  Said board of trustees is hereby authorized to pay out of said “Sparks High School Building Fund,” or out of the general fund of said district, all expenses involved in or connected with the holding of an election or elections under this act, and the preparation and issuance of bonds hereunder, and the preparation of plans for said building.

 

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CHAPTER 85

 

 

 

 

Preamble

Chap. 85–An Act for the relief of Mrs. A. R. Shewalter.

 

[Approved March 11, 1915]

 

      Whereas, Mrs. A. R. Shewalter of Reno, Nevada, in the year 1913, at the special instance and request of and for the use of the state board of pardons, transcribed the testimony of Nimrod Urie taken by her in the trial of the case of the State of Nevada v. J. Frank Trammer and Nimrod Urie, her charges for said transcript being the sum of forty-one 10/100 ($41.10) dollars; and

      Whereas, The said claim was duly allowed by the board of examiners of the State of Nevada on the seventh day of July, 1913, for the above-mentioned sum; and

      Whereas, No warrant was issued on the said claim in favor of the said claimant by the state controller for the reason that in his opinion there was no appropriation out of which the same could be paid; and


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κ1915 Statutes of Nevada, Page 107 (CHAPTER 85)κ

 

      Whereas, The said claim is a just and legal claim against said state: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The controller of the State of Nevada is hereby directed to draw and deliver his warrant in favor of the said Mrs. A. R. Shewalter for said sum of forty-one and 10/100 ($41.10) dollars and the state treasurer is directed to pay the same.

 

 

 

 

 

 

Appropriation, $41.10

 

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CHAPTER 86

Chap. 86–An Act amending section five of an act entitled “An act to promote the public safety by requiring common-carrier railroads to provide adequate train crews, and defining such crews, and prescribing a penalty for the violation of the provisions thereof,” approved March 12, 1913.

 

[Approved March 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of an act entitled “An act to promote the public safety by requiring common-carrier railroads to provide adequate train crews, and defining such crews, and prescribing a penalty for the violation of the provisions thereof,” approved March 12, 1913, is hereby amended so as to read as follows:

      Section 5.  The provisions of this act shall not apply to or include any railroad company, or receiver, or manager thereof, of any line of railroad in this state less than 95 miles in length, nor of any line of railroad in this state on which but one train a day is operated each way; neither shall they apply to the operation of light engines and tenders when running as such outside the yard limits.

 

 

 

 

 

 

 

 

 

 

Full-crew law not to apply to railroads less than 95 miles in length, or one-train-a-day railroads

 

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CHAPTER 87

Chap. 87–An Act to appropriate five thousand dollars for the estate of T. F. Richardson.

 

[Approved March 11, 1915]

 

      Whereas, T. F. Richardson was specially appointed veterinary quarantine officer by a proclamation of Governor Oddie, dated August 14, 1914; and

      Whereas, Said T. F. Richardson, while acting as said state quarantine office and while in the performance of his duties as such officer, was accidentally inoculated with anthrax, from which he died on the 25th day of August, 1914; and

      Whereas, It is the policy of the state to compensate for death or injury to those engaged in hazardous undertakings or employments; and

 

 

 

 

 

Preamble


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κ1915 Statutes of Nevada, Page 108 (CHAPTER 87)κ

 

 

 

 

 

 

 

 

Appropriation, $5,000

      Whereas, T. F. Richardson and his dependents do not come within the provisions of the industrial insurance act of this state: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of compensating the dependents, widow and child, of T. F. Richardson, there is hereby appropriated the sum of five thousand dollars, out of any moneys in the state treasury not otherwise appropriated, for the estate of T. F. Richardson, and the state controller is hereby directed to draw his warrant in favor of the administrator of the estate of T. F. Richardson in the sum of five thousand dollars, and the state treasurer is hereby directed to pay the same.

 

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CHAPTER 88

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

Appropriation, $4.16

Chap. 88–An Act for the relief of the Western Union telegraph company.

 

[Approved March 11, 1915]

 

      Whereas, The Western Union telegraph company has a claim against the State of Nevada for services rendered to the superintendent of public instruction and to the governor during the year 1914, which claim was not paid because the appropriations for such services had reverted to the general fund before the claim was presented; and

      Whereas, Such claim is a just and proper one, having been approved by the state board of examiners on January 25, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw a warrant for $4.16, in payment of such claim, to the Western Union telegraph company, and the state treasurer is directed to pay the same.

 

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CHAPTER 89

 

 

 

 

Preamble

Chap. 89–An Act for the relief of the board of regents of the University of Nevada.

 

[Approved March 11, 1915]

 

      Whereas, During the year 1914 Dr. W. B. Mack of the state university was directed by the university regents to render services of the value of $300 to the state quarantine board, relating to the investigation and suppression of diseases of cattle; and

      Whereas, Dr. Mack receives his salary from United States funds, and has received no pay for the work above mentioned; and

      Whereas, Such claim is a just and proper one, and has been certified to by the comptroller of the University of Nevada and the state quarantine board, and has been approved by the state board of examiners on January 2, 1915: now, therefore,


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κ1915 Statutes of Nevada, Page 109 (CHAPTER 89)κ

 

the state quarantine board, and has been approved by the state board of examiners on January 2, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw his warrant for the above-mentioned claim of $300 in favor of the board of regents of the state university, and the state treasurer is directed to pay the same.

 

 

 

 

 

 

Appropriation, $300

 

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CHAPTER 90

Chap. 90–An Act for the relief of E. E. Winters and E. J. L. Taber.

 

[Approved March 11, 1915]

 

      Whereas, During the year 1914 E. E. Winters, judge of the Eighth judicial district, did incur traveling expenses of $97.75, and E. J. L. Taber, judge of the Fourth judicial district, did incur traveling expenses of $38.60, for which they have not been reimbursed, as claims therefor were not presented before the appropriation for such expenses had reverted to the general fund; and

      Whereas, Such claims are just and proper, and have been certified to properly, and approved by the state board of examiners on January 25, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw his warrants in favor of E. E. Winters in the said sum of $97.75, and also to E. J. L. Taber in the said sum of $38.60, and the state treasurer is directed to pay the same.

 

 

 

 

Relief of Judges Winters and Taber

 

 

 

 

 

 

 

 

 

Appropriations, $97.75 and $38.60

 

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CHAPTER 91

Chap. 91–An Act for the relief of Sam Caramella.

 

[Approved March 11, 1915]

 

      Whereas, During the year of 1912 Sam Caramella did deliver to the state prison, potatoes to the value of $71.28, for which he has not been paid, as the bill was not presented in time to be paid from the 1911-1912 prison appropriation, and could not be legally paid from the 1913-1914 appropriation; and

      Whereas, Such bill is a just and proper one, having been approved by the prison commissioners and the board of examiners on January 2, 1915: now, therefore,

 

 

 

 

Preamble


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κ1915 Statutes of Nevada, Page 110 (CHAPTER 91)κ

 

 

 

 

 

 

 

 

Appropriation, $71.28

approved by the prison commissioners and the board of examiners on January 2, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw and deliver to Sam Caramella a warrant in the sum of $71.28, and the state treasurer is directed to pay the same.

 

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CHAPTER 92

 

 

 

 

 

 

 

 

 

 

 

 

 

Jury may render general or special verdict in action for recovery of money

Chap. 92–An Act to amend section two hundred and eighty of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 7, 1911, the same being section 5222 of Revised Laws of Nevada, 1912.

 

[Approved March 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section two hundred and eighty of the above-entitled act is hereby amended so as to read as follows:

      Section 280.  In an action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may, in its discretion, direct the jury to find a special verdict in writing upon all or any of the issues, and in all cases may, in its discretion, instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.

 

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CHAPTER 93

 

 

 

 

 

 

 

 

Fixing salaries of officers of Lander County

 

Sheriff

Chap. 93–An Act fixing the salaries of the county officers of Lander County, State of Nevada, and other matters properly connected therewith.

 

[Approved March 11, 1915]

 

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 following-named officers within Lander County, State of Nevada, shall receive in full payment for all services rendered by them the following salaries and fees:

      The sheriff shall receive the sum of twenty-four hundred ($2,400) dollars per annum, and commission allowed by law for all collection of all licenses, which shall be compensation in full for all services rendered.


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κ1915 Statutes of Nevada, Page 111 (CHAPTER 93)κ

 

for all collection of all licenses, which shall be compensation in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than thirty miles from the county-seat he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than thirty miles from the county-seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to them cost of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. He may appoint a jailer whose salary shall be one hundred dollars per month.

      The county assessor shall receive eighteen hundred dollars ($1,800) per annum, and such fees and commissions as are now allowed by law.

      The county recorder, as such and as ex officio auditor, shall receive eighteen hundred dollars ($1,800) per annum, and the fees allowed under the act of February 27, 1883. He shall perform all county work required in his office, extend the annual assessment roll without further compensation or charge against the county.

      The county treasurer shall receive eighteen hundred dollars ($1,800) per annum.

      The county clerk shall receive twelve hundred dollars ($1,200) per annum, and such civil fees as are now allowed by law.

      The district attorney, as such, shall receive eighteen hundred ($1,800) dollars per annum, and such fees and commissions as are now allowed by law.

      The county commissioners shall each receive a salary of six hundred ($600) dollars per annum and actual traveling expenses when traveling upon the business of said county, said expenses to be sworn to and allowed by said board of county commissioners the same as any other bill against said county.

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

      Sec. 3.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Sheriff

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assessor

 

Recorder

 

 

 

Treasurer

Clerk

 

District attorney

 

Commissioners

 

 

 

Paid monthly

 

Repeal

 

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κ1915 Statutes of Nevada, Page 112κ

CHAPTER 94

 

 

 

 

 

 

 

 

Relating to correction of contamination of Truckee river

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation of $1,000 for expenses of special commissioner

Chap. 94–An Act to provide for relief to the people of the State of Nevada from, and to further the abatement and prohibition of, contamination and pollution of the waters of the Truckee river at and from points outside the State of Nevada, and making an appropriation therefor.

 

[Approved March 11, 1915]

 

      Whereas, Professor S. C. Dinsmore, of the University of Nevada, has, by a joint resolution of the legislature of this state, been designated and appointed a special commissioner to present to the authorities of the government of the United States all facts relative to certain nuisances committed against the people of this state by reason of the pollution and contamination of the waters of the Truckee river, an interstate stream, at points without this state, by the discharge of waste liquors and other deleterious matters into said stream, to the damage and injury of the people of Nevada, and to in all ways assist said authorities and our senators and representative in Congress to get relief from and an abatement and prohibition of such nuisances; and

      Whereas, Professor Dinsmore has agreed to render such services to the people of this state without personal remuneration or compensation; and

      Whereas, It will be necessary in the presentation of these matters to the competent authorities of the government for Professor Dinsmore to make one or more trips to Washington, D. C., and possibly elsewhere, the expenses of which trips and incident to his service in this behalf should be borne by the state: 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 ($1,000) dollars is hereby appropriated from the general fund of the State of Nevada, to be used, or so much thereof as in his opinion is necessary, by a special commissioner appointed by this state to represent it in the effort to obtain relief from and to abate and prohibit the contamination and pollution of the waters of the Truckee river at and from points outside the State of Nevada, in the payment of his traveling and general expenses in specially representing this state in the premises at Washington, D. C., and elsewhere; provided, however, that said special commissioner shall file in the office of the state controller vouchers for all expenditures made by him, or written estimate of the expenditures necessary to be made by him, in this behalf, which said vouchers or estimates shall be passed upon and approved by the state board of examiners, not exceeding the amount hereby appropriated, upon which approval the state controller is hereby authorized and directed to draw warrants upon the state treasurer for such sums as the state board of examiners may so approve; and the state treasurer is hereby authorized and directed to pay the same.


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κ1915 Statutes of Nevada, Page 113 (CHAPTER 94)κ

 

      Sec. 2.  The said special commissioner shall act without salary or compensation, and all moneys, if any, remaining in the fund hereby appropriated, after said special commissioner shall have concluded his labors as such, shall revert to the general fund without further legislative action; provided, that said special commissioner shall, upon the completion of his service as such, file written statements to that effect, one with the secretary of state, and one with the state controller.

      Sec. 3.  This act shall take effect immediately upon its passage and approval.

Residue to revert

 

 

 

 

 

In effect

 

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CHAPTER 95

Chap. 95–An Act to amend section 1 of an act entitled “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.

 

[Approved March 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of an act entitled “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, is hereby amended so as to read 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 forty-four hundred dollars per annum to be disbursed as compensation for deputies and traveling expenses.

 

 

 

 

 

 

 

 

 

Fixing salary of assessor of Washoe County

 

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CHAPTER 96

Chap. 96–An Act to establish at the University of Nevada a state veterinary control service, defining its duties, and providing for the conduct of the same, and stating its relation to the state quarantine laws.

 

[Approved March 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The president and board of regents of the University of Nevada are hereby instructed to establish at the University of Nevada a laboratory to be known as the state veterinary control service, for the diagnosis of infectious diseases among animals and the conduct of research into the nature, cause, and control of such diseases.

      Sec. 2.  The regents of the university shall, from any moneys appropriated therefor, purchase suitable equipment, apparatus, chemicals, and supplies for the maintenance of such veterinary control service at the university.

 

 

 

 

 

 

 

 

 

State veterinary control service at university

 

 

 

 

Equipment, etc.


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

κ1915 Statutes of Nevada, Page 114 (CHAPTER 96)κ

 

 

Veterinarian must be bacteriologist

 

 

Must enforce certain laws

 

 

 

 

 

Rules for conduct of service

 

 

 

 

 

 

Repeal

Effect

      Sec. 3.  The regents of the university shall, upon the recommendation of the president, appoint a qualified veterinarian, a bacteriologist, to conduct and direct said control service and shall grant him such assistants as they deem necessary. The individual thus appointed shall be known as the state quarantine officer.

      Sec. 4.  In addition to his duties comprehended under the terms of this act, he shall be the official adviser and executive officer for the enforcement of the provisions contained in chapters 279 and 280 of the Session Laws of the State of Nevada, Twenty-sixth session, 1913; provided, however, that wherever in these acts the duties imposed upon such officer require the exercise of the police power of the state, he shall make his recommendation to the governor who shall take such action thereunder as he may deem wise.

      Sec. 5.  The president and board of regents of the University of Nevada may make such rules and regulations for the conduct of the said veterinary control service and for the guidance of the state quarantine officer as they may deem wise for the proper conduct of the office of state quarantine officer, as herein provided. All moneys appropriated by the state provided for the expense of the enforcement of chapters 279 and 280 of the Session Laws of the State of Nevada, Twenty-sixth session, 1913, shall be expended with the approval of the president and board of regents of the University of Nevada.

      Sec. 6.  All other acts or parts of acts in conflict with the provisions of this act are hereby repealed. This act shall become immediately effective when passed and approved.

 

________

 

CHAPTER 97

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department of engineering experimentation at university

Chap. 97–An Act to establish at the University of Nevada a public service department, known as the department of engineering experimentation, to provide ways and means for aiding settlers, farmers, and other persons in the development of the underground waters of the state by giving expert advice regarding the most probable location, the best method of developing the underground water systems by the testing of, and the recommendation of, the most efficient machinery and power for pumping, and providing an appropriation therefor.

 

[Approved March 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  There shall be established at the University of Nevada a public-service department known as the department of engineering experimentation, which department shall devote its efforts to the aiding of settlers, farmers, and other persons desiring to develop or who have already developed the underground waters of the State of Nevada, and for the support of which the sum of five thousand dollars ($5,000) is hereby appropriated out of the moneys of the state not otherwise appropriated.


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

κ1915 Statutes of Nevada, Page 115 (CHAPTER 97)κ

 

the sum of five thousand dollars ($5,000) is hereby appropriated out of the moneys of the state not otherwise appropriated.

      Sec. 2.  The board of regents of the University of Nevada, upon the recommendation of the president, shall designate and appoint a qualified individual who shall be known as the director of engineering experimentation, and who, subject to the approval of the president and the board of regents, shall plan, supervise, and execute the work contemplated by this act.

      Sec. 3.  Any person, farmer, corporation, or association may request expert advice or assistance relating to the most probable location, method of developing, the most feasible machinery and power for pumping or the testing of the developed flow of the underground waters of the state, and it shall be the duty of the director appointed as herein provided, if in his opinion conditions justify it, to offer such aid as he shall deem proper to the end that the underground waters of the state may be developed, utilized, and conserved in a degree commensurate with the results of scientific investigations.

      Sec. 4.  The expenses thereof shall be allowed and paid out of the moneys appropriated under this act upon certificate of the director of engineering experimentation as other state claims are allowed and paid.

      Sec. 5.  The board of regents of the University of Nevada shall require that the director of engineering experimentation keep an accurate record of all investigations and results thereof, and shall require reports to be filed at the completion of each unit of experimentation, which reports shall be transmitted to the governor, and a concise statement of their results shall be prepared and shall be printed at the state printing office, and it shall be the duty of the treasurer of the county in which the experimentation has taken place to attach such concise report to the tax statement when it is mailed to the taxpayer.

      Sec. 6.  This act shall take effect upon its passage and approval.

Appropriation, $5,000

 

Regents to appoint competent director

 

 

 

Expert advice to water seekers

 

 

 

 

 

 

Expenses, how paid

 

 

 

Director to keep records

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 98

Chap. 98–An Act providing for the consolidation of the various public service departments of the University of Nevada under the heading “Public Service Division of the University of Nevada,” and providing for a uniform method of administration and control, and for the making of rules and regulations whereby the work of these departments may be most effective, and stating the departments comprehended herein.

 

[Approved March 11, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  It is hereby provided that the several public-service departments of the University of Nevada be consolidated into a “Public Service Division” of the University of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

“Public Service Division” of University of Nevada


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

κ1915 Statutes of Nevada, Page 116 (CHAPTER 98)κ

 

 

 

 

Departments included

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Regents to appoint heads of departments

 

 

 

 

 

 

 

Rules and regulations

 

 

 

 

 

Words substituted

 

Repeal

In effect

      Sec. 2.  The public service division of the University of Nevada shall consist of the following public-service departments, which have been conducted heretofore by authority of statutes of the State of Nevada, enumerated as follows:

      1.  State analytical laboratory, provided for in sections 4660-4663, inclusive, of the Revised Laws of the State of Nevada, 1912;

      2.  State hygienic laboratory, provided for in sections 3941-3945, inclusive, of the Revised Laws of the State of Nevada, 1912;

      3.  Food and drug control, provided for in chapter 226, Session Laws of the State of Nevada, Twenty-sixth session, 1913;

      4.  Weights and measures, provided for in sections 4792-4823, inclusive, of the Revised Laws of the State of Nevada, 1912, as amended chapter 228, Session Laws of the State of Nevada, Twenty-sixth session, 1913;

      5.  Agricultural extension, as provided for in the Session Laws of the State of Nevada, Twenty-seventh session, 1915;

      6.  State veterinary control service, as provided for in the Session Laws of the State of Nevada, Twenty-seventh session, 1915;

      7.  Agricultural experiment station, as provided for in sections 456-464, inclusive, of the Revised Laws of the State of Nevada, 1912;

      8.  Engineering experimentation, as provided for in the Session Laws of the State of Nevada, Twenty-seventh session, 1915.

      Sec. 3.  The board of regents of the University of Nevada, upon recommendation of the president, shall designate and appoint a qualified individual to conduct each of these various departments of the public service division, and shall grant him such assistants as they deem necessary, and the powers and duties of these individuals appointed as herein provided shall be as stated in the statutes establishing each of these several departments of the public service division; provided, however, that in those instances wherein the statutes concerned impose upon the individual appointed as herein provided any police power, the appointment shall receive the approval of the governor of the state.

      Sec. 4.  All rules and regulations necessary for the proper administration and enforcement of the statutes establishing the departments comprehended in this public service division of the University of Nevada shall be made by the president and board of regents of the University of Nevada.

      Sec. 5.  Wherever in any of these statutes establishing the departments comprehended in the public service division of the University of Nevada any individual, official, or department of the university is mentioned, there shall be substituted the words “President and Board of Regents of the University.”

      Sec. 6.  All other acts or parts of acts in conflict with this act are hereby repealed. This act shall take effect immediately upon its passage and approval.

 

________

 

 


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

κ1915 Statutes of Nevada, Page 117κ

 

CHAPTER 99

Chap. 99–An Act relating to the office of the ex officio state insurance commissioner, and extending and further defining his powers and duties; requiring further licenses in connection therewith, other matters relating thereto, repealing acts and parts of acts inconsistent herewith, and providing penalties for the violation hereof.

 

[Approved March 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller of Nevada, acting as ex officio insurance commissioner, is hereby empowered to enforce all insurance laws at present on the statute books, and is additionally empowered as follows:

      Sec. 2.  It shall be his duty to issue a license to all authorized insurance solicitors upon a written request from the general agents or other responsible officers of such companies as shall have complied with the requirements of the insurance laws of Nevada, said license being good until February 1 of the succeeding year, unless revoked by the insurance commissioner; and any person soliciting insurance in the state, or taking it on behalf of any company without such license, or writing it for any company not authorized to do business in this state, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in the sum of $100, or imprisoned fifty days in the county jail, or both, and be debarred from transacting any more insurance business in the state.

      Sec. 3.  The fee for such license shall be one dollar for each company represented.

      Sec. 4.  The state controller, acting as ex officio insurance commissioner, shall have the power to revoke or suspend the license of any insurance company that refuses, neglects or fails to settle any valid claim against it within sixty days after final judgment shall have been entered thereon and notice thereof filed with said state controller.

      Sec. 5.  The state controller, acting as ex officio insurance commissioner, shall place all fire insurance required by the State of Nevada upon its property, dealing only with companies authorized to do business in the state; and shall also have the power to inspect all state buildings and order such fire-extinguishing and safety appliances as shall be deemed necessary for the protection of property against fire; and shall have the further power to order the removal of combustibles and rubbish from said property, or order such changes in the entrances or exits of the buildings as shall insure the safety of the inmates, together with such fire escapes as he may deem necessary.

      Sec. 6.  Should the commissioners or board in charge of such state property refuse to comply with the order of the state insurance commissioner within thirty days after such order reaches them, the insurance commissioner shall have the power to order the required work done and the required fire-extinguishing and safety appliances installed at the expense of the commission or board having charge of said property, and payment for the same shall be a valid claim against the state.

 

 

 

 

 

 

 

 

 

 

 

State controller ex officio insurance commissioner

 

License from solicitors for insurance

 

 

 

 

Penalty

 

 

Fee, $1

 

Licenses suspended, when

 

 

 

Insurance commissioner to place all state insurance

 

 

Power-fire precautions


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

κ1915 Statutes of Nevada, Page 118 (CHAPTER 99)κ

 

Further powers of insurance commissioner

 

 

 

To make fire survey when petitioned

 

 

 

 

 

 

 

 

To examine condition of any insurance company

 

 

 

 

 

 

 

General insurance fund

 

 

 

Over $5,000 goes to general fund

 

Attorney-general to prosecute suits

 

 

Special deputy to examine nonresident companies

order reaches them, the insurance commissioner shall have the power to order the required work done and the required fire-extinguishing and safety appliances installed at the expense of the commission or board having charge of said property, and payment for the same shall be a valid claim against the state.

      Sec. 7.  When twenty-five per cent of the taxpayers of any city or town in the state desire a survey of the water-works and fire appliances of the town or city, with a view of asking for a reduction of fire insurance rates, the insurance commissioner shall deputize some suitable person to make such survey and file a full report in his office, said report to be placed with the San Francisco board of underwriters, before which board the state insurance commissioner or deputy shall appear to argue a reduction of insurance rates, should said report warrant it. All the expense of such proceeding shall be borne by the town or city upon whose behalf the proceedings are had, and shall be deposited with the insurance commissioner before action is taken. The compensation allowed such deputy while actually in the employ of the state shall be five dollars per diem and actual expenses while traveling.

      Sec. 8.  The insurance commissioner shall have the right to make an examination of the condition of any insurance company doing business in the state, either upon his own volition or the sworn statement alleging irregularity or insolvency of the company from five bona fide policy holders, stockholders, or creditors thereof, and may withdraw or withhold his certificate of authority to do business in this state, pending or subsequent to such an investigation.

      Sec. 9.  The state insurance commissioner is hereby empowered to direct all insurance transactions between the state and the insurance companies, and all the moneys collected for licenses, penalties, or other moneys paid by the insurance companies or solicitors to the state to enable them to transact business in the state shall be paid into the state treasury, there to be set aside in the fund to be known as the general insurance fund, and from which all claims in behalf of the insurance commissioner shall be paid after being duly passed upon and approved by the state board of examiners; provided, however, that on January 1 of each year any balance exceeding five thousand dollars in such fund shall be transferred to the general fund of the state.

      Sec. 10.  Where it shall become necessary for the state to sue a delinquent insurance company for moneys due the state, the attorney-general shall conduct the proceedings, and where it becomes necessary to employ additional counsel in the city where the home office of the defendant corporation is located, compensation for such services shall be subject to the approval of the state board of examiners.

      Sec. 11.  The insurance commissioner may appoint as deputy any competent person to make an examination of a nonresident insurance corporation, and the expenses of said examination shall be wholly borne by the company examined, but shall in no case be higher than the compensation allowed by the local laws of the state for such services where such examination is made.


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

κ1915 Statutes of Nevada, Page 119 (CHAPTER 99)κ

 

no case be higher than the compensation allowed by the local laws of the state for such services where such examination is made.

      Sec. 12.  All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

 

 

 

Repeal

 

________

 

CHAPTER 100

Chap. 100–An Act to amend an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911; effective January 1, 1912.

 

[Approved March 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 373 of the above-entitled act, being section 6638 of the Revised Laws of Nevada, is hereby amended so as to read as follows:

      Section 373.  Every person who shall feloniously steal, take, and carry away, lead or drive away, the personal goods or property of another, of the value of fifty dollars or more, shall be deemed guilty of grand larceny, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than two years nor more than fourteen years.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

Grand larceny defined; minimum sentence raised

 

Repeal

 

________

 

CHAPTER 101

Chap. 101–An Act to amend sections six and eight of an act entitled “An act to regulate the sale and use of poisons in the State of Nevada, and providing a penalty for the violation thereof,” approved March 24, 1913.

 

[Approved March 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Sections six and eight of said act are hereby amended to read as follows:

      Section 6.  It is hereby made the duty of the district attorney of the county wherein any violation of this act is committed, to conduct all actions and prosecutions for the same, at the request of the board of pharmacy; and provided further, that any narcotic or narcotics, or their derivatives, may be seized by the judge of the court in which final conviction was had, that the judge shall turn all such evidence over to the Nevada state board of pharmacy; and provided further, that the said board of pharmacy may dispose of all narcotics now on hand or hereafter coming into their possession, either by gift to the medical director of the Nevada state prison, or the state hospital, or by sale to wholesale druggists, the funds received from such sale to be applied by the board of pharmacy to the carrying out of the provisions of this act, creating such Nevada state board of pharmacy.

 

 

 

 

 

 

 

 

 

 

 

 

Regulating traffic in poisons and narcotic drugs


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

κ1915 Statutes of Nevada, Page 120 (CHAPTER 101)κ

 

 

 

 

Certain drugs named and prohibited

 

 

 

 

Doctors’ prescriptions excepted

 

 

 

Prescription not refilled except upon written order of prescriber

 

 

 

 

 

 

 

Exceptions

 

 

 

 

Wholesalers to keep record

state hospital, or by sale to wholesale druggists, the funds received from such sale to be applied by the board of pharmacy to the carrying out of the provisions of this act, creating such Nevada state board of pharmacy.

      Section 8.  It shall be unlawful for any person, firm, or corporation to sell, furnish or give away, or offer to sell, furnish or give away, or to have in their or his possession any cocaine, opium, yen shee, morphine, codeine, heroin, alpha eucaine, beta eucaine, nova caine, or chloral hydrate, or any of the salts, derivatives, or compounds of the foregoing substances, or any preparation or compound containing any of the foregoing substances or their salts, derivatives, or compounds excepting upon the written order or prescription of a physician, dentist, or veterinary surgeon licensed to practice in this state, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, written in by the person writing said prescription, or if ordered by a veterinary surgeon it shall state the kind of animal for which ordered and shall be by the person giving the prescription or order. Such order or prescription shall be permanently retained on file by the person, firm, or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed if each fluid or avoirdupois ounce contains more than eight grains of opium, or one grain of morphine, or two grains of codeine, or one-half grain of heroin, or one grain of cocaine, or one grain of alpha eucaine, or one grain of nova caine, or sixty grains of chloral hydrate, excepting upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall be at all times open to inspection by the subscriber and properly authorized officer of the law, and shall be preserved for at least three years from the date of the filing thereof; provided, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers, and manufacturers to pharmacies legally licensed and doing business under the laws of the State of Nevada, or physicians, nor to each other, nor to the sale at retail by pharmacies to physicians, dentists, or veterinary surgeons duly licensed to practice in this state; provided further, that all such wholesale jobbers, wholesalers, and manufacturers, in this section mentioned, shall, before delivery to any person, firm, or corporation of any of the articles in this section enumerated, make or cause to be made in a book kept for that purpose only, an entry of the sale of any such article, stating the date of such sale and quantity and name of the article and form in which sold, the true name and true address of the purchaser, the name of the person by whom such entry and sale was made, also a statement showing how delivery was had, whether delivered personally or forwarded by mail, express, or by freight, which book shall be substantially as follows:


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

κ1915 Statutes of Nevada, Page 121 (CHAPTER 101)κ

 

sonally or forwarded by mail, express, or by freight, which book shall be substantially as follows:

 

Date of Sale

Quantity and Name of Article

Name of Purchaser

How Delivered

Name of Person Selling

 

And said books shall always be opened for inspection by any peace officer or citizen, or any member of the board of pharmacy, or any inspector by them authorized, and such book shall be preserved for at least five years after the date of the last entry therein. It shall be unlawful for any practitioner of medicine, dentistry, or veterinary surgeon to furnish to, or prescribe for the use of, any habitual user of the same, any cocaine, opium, morphine, codeine, heroin, or chloral hydrate, or any salt, derivative, or compounds, and it shall be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or of any veterinary surgeon to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this section shall not be construed to prevent any duly licensed physician from furnishing or prescribing in good faith as their physician by them employed as such, for any habitual user of any narcotic drugs who is under his professional care, such substances as he may deem necessary for their treatment, when such prescriptions are not for substances furnished for the purpose of evading the purposes of this act; provided, that the above provisions shall not apply to prescriptions sold or dispensed without a physician’s prescription containing less than two grains of opium, or one-fourth grain of morphine, or one-half grain of codeine, or one-sixth grain of nova caine, or one-sixth grain beta eucaine, or ten grains chloral hydrate in one fluid ounce, or if a solid preparation in one ounce avoirdupois ounce, or to the sale of strychnine or other poisons for the purpose of destroying noxious wild animals. And it is further provided, that it shall be the duty of every proprietor or manager of a pharmacy or drug store, within the State of Nevada, to keep a true and correct record of all orders forwarded to wholesalers, jobbers or manufacturers or traveling salesmen for the purchase of, in any manner, any cocaine, opium, yen shee, morphine, codeine, heroin or chloral hydrate, or any salt, derivative or compound thereof, within the meaning of the provisions of this act; provided further, that a true and correct copy of all orders, forwarded by U. S. mail or otherwise, or given personally any traveling salesman, for narcotic drugs as specified in this section, shall be forwarded by registered mail to the secretary of the Nevada state board of pharmacy, within twenty-four hours after the forwarding of such order direct or through a representative or traveling salesman; and provided further, the taking of any order, or making of any contract or agreement, by any salesman or representative,

 

 

 

Form of record

 

 

Open to inspection of officers and citizens

 

Practitioners to prescribe certain drugs only in good faith

 

 

 

 

 

 

 

 

Preparations of certain strength not prohibited

 

 

 

 

 

 

Drug-store owners to keep record of orders on wholesalers

 

Copy of order must be sent state board of pharmacy within 24 hours

 

Order deemed sale


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

κ1915 Statutes of Nevada, Page 122 (CHAPTER 101)κ

 

 

 

 

Drummer must forward copy of order to state board

 

 

 

Exception as to Nevada wholesaler

representative, or any employee or person, firm or corporation, for future delivery in this state, for any of the articles or drugs mentioned in this section shall be deemed a sale of said articles or drugs by said traveling representative or employee within the meaning of the provisions of this act; provided further, that a true and correct copy of all orders, contracts or agreements taken for narcotic drugs specified in this section by any traveling representative or employee shall likewise be forwarded by such traveling representative or employee by registered mail to the secretary of the Nevada state board of pharmacy within twenty-four hours after the taking of such order, contract or agreement, unless such order, contract or agreement is recorded by entry in a book used for that purpose only by some wholesale jobber, wholesaler or manufacturer permanently located in this state, as provided for in this section.

 

________

 

CHAPTER 102

 

 

 

 

 

 

 

 

 

$50,000 for support of Nevada school of industry

Chap. 102–An Act to provide for the maintenance and support of the Nevada school of industry for the years 1915 and 1916.

 

[Approved March 12, 1915]

 

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 of the state or moneys not otherwise appropriated, the sum of $50,000 for the support and maintenance of the Nevada school of industry for the years 1915 and 1916. All expenditures made out of said fund shall be approved by a majority of the permanent board of government of the Nevada school of industry, allowed by the state board of examiners, and audited by the state controller, as other claims against the state.

 

________

 

CHAPTER 103

 

 

 

 

 

 

 

 

 

 

 

Providing for printing schedule of changes in Revised Laws

Chap. 103–An Act to provide for the preparation, printing, and distribution of a schedule showing the changes in the “Revised Laws of Nevada, 1912,” wrought by the laws enacted at the special session of 1912 and regular sessions of 1913 and 1915 of the legislature of the State of Nevada.

 

[Approved March 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The attorney-general is hereby authorized and directed to prepare, or have prepared under his supervision, a schedule showing the changes in the Revised Laws of Nevada, 1912, wrought by the laws enacted at the special session of 1912 and regular sessions of 1913 and 1915 of the legislature of the State of Nevada, and have the same printed in suitable form, and to distribute the same gratuitously to all proper applicants therefor.


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

κ1915 Statutes of Nevada, Page 123 (CHAPTER 103)κ

 

form, and to distribute the same gratuitously to all proper applicants therefor.

      Sec. 2.  Said schedule shall be printed at the state printing office.

      Sec. 3.  Not more than one thousand copies of said schedule shall be printed.

      Sec. 4.  To carry out the purposes of this act the sum of fifty dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to pay for printing said schedule and postage on the distribution thereof, and to be disbursed in the same manner as claims against the state are paid.

 

Where printed

1,000 copies

 

Appropriation, $50

 

________

 

CHAPTER 104

Chap. 104–An Act for the relief of Jonathan Payne.

 

[Approved March 12, 1915]

 

      Whereas, During the month of September, 1914, Jonathan Payne did render to the State of Nevada clerical and stenographic services in the office of adjutant-general, of the value of $35, for which he has not been paid because of the lack of funds applicable therefor; and

      Whereas, Such claim is a just and proper one against the state, being certified to by the adjutant-general, and approved by the board of examiners January 2, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw a warrant to Jonathan Payne in the sum of $35, and the state treasurer is directed to pay the same.

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

Appropriation, $35

 

________

 

CHAPTER 105

Chap. 105–An Act for the relief of Nellie B. Milligan.

 

[Approved March 12, 1915]

 

      Whereas, During the year 1913, Nellie B. Milligan rendered to the State of Nevada services to the amount of $170 in making out table of contents and indexing statutes, senate and assembly journals of 1913, and other clerical work; and

      Whereas, Such claim is a just a proper one against the state, and is certified to by the secretary of state, and approved by the board of examiners on December 6, 1913, and January 25, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw and deliver to Nellie B. Milligan a warrant for $170, and the state treasurer is directed to pay the same.

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

Appropriation, $170

 

________

 

 


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

κ1915 Statutes of Nevada, Page 124κ

CHAPTER 106

 

 

 

 

 

 

 

 

One deputy sheriff for Humboldt County

 

 

 

 

Janitor for courthouse

Chap. 106–An Act authorizing the appointment of certain officers and fixing their compensation in Humboldt County.

 

[Approved March 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sheriff of Humboldt County is hereby allowed and authorized to appoint one regular deputy or under-sheriff, and no more, for said county. Said deputy or under-sheriff shall receive the sum of one hundred and twenty-five ($125) dollars the month, which salary shall be allowed and paid as the salaries of other county officials are allowed and paid. Said officer shall perform the duties imposed by law and under the supervision of said sheriff.

      Sec. 2.  The county commissioners of Humboldt County shall appoint one janitor to care for and look after the courthouse and lawn and adjacent county buildings at a salary of not to exceed the sum of seventy-five ($75) dollars the month.

      Sec. 3.  All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

CHAPTER 107

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $178.35

Chap. 107–An Act for the relief of certain employees of the state engineer’s office.

 

[Approved March 12, 1915]

 

      Whereas, During the year 1914 there was a deficiency in the appropriations for the support of the state engineer’s office in the amount of $178.35, the same being balance of salary for the following-named persons for the month of December, 1914, and for the amounts set opposite their names: Seymour Case, $30.17; C. C. Smith, $22.63; F. B. Stewart, $22.63; R. A. McKay, $22.63; Parvin Jones, $15.08; Harvey M. Payne, $12.06; Fred B. Stewart, $53.15-$178.35; and

      Whereas, Said claims are just and proper, having been approved by the state board of examiners on December 26, 1914: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw his warrants in favor of the above-named persons for the amounts set opposite their names, totaling $178.35, and the state treasurer is directed to pay the same.

 

________

 

CHAPTER 108

 

 

 

 

Preamble

Chap. 108–An Act for the relief of the Verdi lumber company.

 

[Approved March 12, 1915]

 

      Whereas, During the months of October and December, 1912, the Verdi lumber company furnished to the State of Nevada,


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κ1915 Statutes of Nevada, Page 125 (CHAPTER 108)κ

 

Nevada, for the use of the prison road camps, lumber and supplies to the amount of $125.99, the bills for which have not been paid owing to the prison road fund being exhausted; and

      Whereas, Such amount is a just claim against the state, and has been allowed by the board of examiners on January 25, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw and deliver his warrant in favor of the Verdi lumber company for the sum of $125.99, and the state treasurer is directed to pay the same.

 

 

 

 

 

 

 

 

 

 

Appropriation, $125.99

 

________

 

CHAPTER 109

Chap. 109–An Act to amend section thirteen of an act entitled “An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer, and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act,” approved March 23, 1911, and repealing all acts and parts of acts in conflict therewith.

 

[Approved March 12, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  That section 13 of an act entitled “An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilitates, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act,” approved March 23, 1911, be amended so as to read as follows:

      Section 13.  The commission may prescribe classifications of the service of all public utilities, and in such classifications may take into account the quantity used, the time when used, and any other reasonable consideration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending public service commission act


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κ1915 Statutes of Nevada, Page 126 (CHAPTER 109)κ

 

May classify service, prescribe rules, penalties, and schedules, and forms of schedules

 

 

 

Repeal

of the service of all public utilities, and in such classifications may take into account the quantity used, the time when used, and any other reasonable consideration. And said commission may prescribe rules and regulations in relation to the installation of instruments of service of any public utility doing business in this state, and prescribe penalties for failure to comply therewith. Each public utility is required to conform its schedule of rates, tolls, and charges to such classification, for which schedules the commission may, when necessary, prescribe the forms.

      Sec. 2.  All act and parts of acts in conflict with the provisions of this act are hereby repealed.

 

________

 

CHAPTER 110

 

 

 

 

 

 

 

 

 

Kindergartens may be established upon petition of 25 parents

 

 

 

 

 

 

 

Special tax, when

 

 

 

Kindergarten fund

Chap. 110–An Act to provide for the establishment, equipment, and maintenance of kindergarten departments in the public schools.

 

[Approved March 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of school trustees of every school district in this state may, upon petition of the parents or guardians of twenty-five or more children between the ages of four and six years, residing within such school district, establish, equip, and maintain a kindergarten or kindergartens. The board of school trustees of every school district in which a kindergarten is established under the provisions of this act shall, at least fifteen days before the month in which the board of county commissioners is required by law to levy the taxes required for county purposes, submit to the board of county commissioners an estimate of funds necessary for the establishment, equipment, and maintenance of such a kindergarten or kindergartens in their districts; and, if sufficient funds for the same are not available in the school funds of such school district, the said board of county commissioners shall have power to direct that a special tax, not to exceed twenty-five cents on the hundred dollars of assessed valuation of such district, shall be levied; and upon notification by the clerk of the board of trustees of such school district that such action has been taken, the board of county commissioners shall levy and cause to be collected such tax upon the taxable property of the district. The fund so levied shall be known as the kindergarten fund of ...............................school district (as the case may be), and shall be available for the equipment and maintenance of the kindergarten or kindergartens established under the provisions of this section, and the moneys drawn from such fund shall be paid out in the same manner as moneys from the state and county school funds for the maintenance of the elementary schools are drawn and paid out.


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κ1915 Statutes of Nevada, Page 127 (CHAPTER 110)κ

 

drawn and paid out. If the average daily attendance in any kindergarten in any school district shall be ten or less for the school year, the governing body for such school district shall, at the close of such school year, discontinue such kindergarten. In case a kindergarten shall be discontinued, as provided by this section, the property and funds of such kindergarten shall immediately revert to the elementary schools of the school district in which said kindergarten has been located.

      Sec. 2.  This act shall take effect immediately upon its passage.

School discontinued, when

 

 

Fund reverts

 

In effect

 

________

 

CHAPTER 111

Chap. 111–An Act authorizing the expenditure of money by the state under certain conditions for the purpose of aiding counties in sinking artesian wells.

 

[Approved March 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  When any county of the state shall hereafter have expended in any year for the purposes set forth in section one of an act entitled “An act authorizing the board of county commissioners of the various counties in the state to acquire real estate, and to sink, or cause to be sunk thereon, artesian wells, and making the expense thereof a legal charge against the county,” approved February 20, 1913, a sum amounting to four thousand dollars or more, upon the filing in the office of the state controller of a certificate to that effect made by the county auditor, stating the actual amount so expended, which certificate shall also be verified by the oath of a majority of the commissioners of such county, to the effect that such expenditure has been properly made for said purposes, the said controller shall draw a warrant upon the state treasury for a sum equivalent to that certified by the county auditor, not, however, in any instance to exceed the sum of five thousand dollars; and as often as any county of the state shall, from year to year, make a similar expenditure, upon a like certificate from the county auditor, said state controller is authorized, empowered, and directed to draw a like warrant upon the state treasurer.

      Sec. 2.  Upon the presentation of such warrant to the state treasurer, he is hereby authorized, empowered, and directed to pay out of any unappropriated money of the state and to the treasurer of the county from which any such auditor’s certificate emanated the sum specified in the warrant of the state controller.

      Sec. 3.  Such sum or sums, when received by such county, shall be by the board of commissioners set apart in a special fund, and shall be used for the purposes mentioned in the aforesaid act, and for no other.

 

 

 

 

 

 

 

 

 

 

Bounties for artesian wells, how paid

 

 

 

 

 

 

 

 

 

 

 

Duties of controller and treasurer

 

 

 

Special county fund

 

________

 

 


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κ1915 Statutes of Nevada, Page 128κ

CHAPTER 112

 

 

 

 

 

 

 

 

Township salaries, Douglas County

 

Constable

 

Justice of peace

 

 

 

All fees paid into county treasury

 

 

 

In effect, July 1, 1915

Repeal

Chap. 112–An Act fixing the compensation of certain township officers of East Fork Township, Douglas County, State of Nevada, and matters relating thereto.

 

[Approved March 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The constable in and for East Fork Township, Douglas County, State of Nevada, shall receive a salary of four hundred and eighty ($480) dollars per annum, payable in twelve equal monthly installments, in full and complete compensation for all services rendered.

      Sec. 2.  The justice of the peace in and for East Fork Township, Douglas County, State of Nevada, shall receive a salary of seven hundred and twenty ($720) dollars per annum, payable in twelve equal monthly installments, and reasonable expenses incurred in the performance of his duties as ex officio coroner and in addition thereto, he shall receive all fees collected by him for marriage ceremonies by him performed.

      Sec. 3.  All fees, civil and criminal or otherwise, all commissions and all money due or collected by said officers, ex officio or otherwise, shall be paid into the county treasury; said salaries as herein fixed being full payment and compensation for all services of said officers, ex officio and otherwise, and they shall receive no other nor further compensation for such services.

      Sec. 4.  This act shall be in effect from and after July 1, 1915.

      Sec. 5.  All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

CHAPTER 113

 

 

 

 

 

 

 

 

Salaries of officers of Douglas County

 

Sheriff

Chap. 113–An Act fixing the salaries and compensation of certain county officers of Douglas County, State of Nevada, and matters relating thereto.

 

[Approved March 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after July 1, 1915, the county officers of Douglas County, State of Nevada, named in this act, shall receive the following salaries in full compensation for all services rendered by them:

      The sheriff, for services as sheriff, shall receive the sum of fourteen hundred dollars ($1,400) per annum, payable in twelve equal monthly installments, which shall be in full and for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; said sheriff may appoint a deputy or deputies at his own expense to assist him in the duties of the office; provided further, that said salary includes all traveling and other expenses in the county, and said sheriff shall personally pay all traveling and other expenses of himself and deputies when traveling on official business in Douglas County.


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

κ1915 Statutes of Nevada, Page 129 (CHAPTER 113)κ

 

no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; said sheriff may appoint a deputy or deputies at his own expense to assist him in the duties of the office; provided further, that said salary includes all traveling and other expenses in the county, and said sheriff shall personally pay all traveling and other expenses of himself and deputies when traveling on official business in Douglas County. Said sum being in full compensation for all services now imposed or to be imposed by law on said sheriff, and all fees and commissions collected or due him for services rendered as such officer shall be paid into the county treasury for the county. The sheriff, as ex officio county assessor, shall receive the sum of thirteen hundred dollars ($1,300) per annum, payable in twelve equal monthly installments. All fees, commissions, or moneys due and payable said officer shall be collected by him and paid into the county treasury monthly; said sum of thirteen hundred dollars ($1,300) being full and complete compensation for all services rendered and for all traveling expenses as such officer.

      The county clerk for services as county clerk shall receive the sum of nine hundred ($900) dollars per annum, and for services as ex officio county treasurer the sum of nine hundred ($900) dollars per annum, payable in twelve equal monthly installments, which shall be full and complete compensation for all services rendered as such county clerk and as ex officio county treasurer. The said clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the board of county commissioners. Said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

      The county recorder for services as county recorder shall receive the sum of seven hundred and fifty dollars ($750) per annum, and for services as ex officio auditor the sum of seven hundred and fifty dollars ($750) per annum, payable in twelve equal monthly installments, in full and complete compensation for all services rendered as such county recorder and ex officio auditor. The said recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk. Said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

Sheriff

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk

 

 

 

 

 

 

 

 

 

 

 

Recorder


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κ1915 Statutes of Nevada, Page 130 (CHAPTER 113)κ

 

District attorney

 

 

 

 

 

 

 

Salaries full compensation

 

 

 

 

In effect July 1, 1915

      The district attorney for services as district attorney shall receive the sum of twelve hundred ($1,200) dollars per annum, payable in twelve equal monthly installments, in full and complete compensation for all services as district attorney, and all fees and commissions due and collected by him shall be paid into the county treasury; provided further, that said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in said county, and also attend to and be the legal adviser for said county. Said salary to be in full compensation for all services and traveling expenses within said county while on official business.

      The above salaries shall be in full compensation for all services and ex officio services to be performed by the above-named officers, both civil and criminal, and said officers shall collect all money and moneys due as fees, commissions, or otherwise and pay the same into the county treasury, said salaries so fixed being in full for all services, and said officers shall receive no further or other compensation for such services.

      Sec. 2.  This act shall take effect from and after July 1, 1915.

      Sec. 3.  All acts and parts of acts in conflict with this act are hereby repealed.

 

________

 

CHAPTER 114

 

 

 

 

 

 

 

 

 

Certain books given Catholic University of America

Chap. 114–An Act authorizing the secretary of state to furnish certain printed documents to the school of law of the Catholic University of America.

 

[Approved March 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The secretary of state is hereby authorized and directed to donate to the school of law of the Catholic University of America, so far as same can be furnished, one complete set of the appendices of the senate and assembly journals of this state commencing with the first territorial session of the legislature and extending down to the present time; provided, he shall deliver said books to such law school in Carson City, or so as to incur no expense for freight thereon.

 

________

 

CHAPTER 115

 

Chap. 115–An Act to amend section one 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 salary, and to repeal all other acts in relation thereto,” approved March 22, 1913.

 

[Approved March 13, 1915]

 

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

Assembly, do enact as follows:

 

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


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κ1915 Statutes of Nevada, Page 131 (CHAPTER 115)κ

 

      Section 1.  The State of Nevada is hereby divided into ten judicial districts. The counties of Storey, Douglas, and Ormsby 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 county of Elko shall 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 counties of Esmeralda and Mineral shall constitute the Seventh judicial district; the counties of Lyon and Churchill shall constitute the Eighth judicial district; the county of White Pine shall constitute the Ninth judicial district; and the counties of Lincoln and Clark shall constitute the Tenth judicial district. For each of said districts, judges shall be elected by the qualified electors thereof at the general election in 1918, and every four years thereafter, except as otherwise provided in this act, as follows: For each of said districts, except the Second judicial district, there shall be elected one judge. For the Second judicial district there shall be two judges elected.

Ten judicial districts in state; each described

 

 

 

 

 

 

 

 

 

 

Two judges, Second district

 

________

 

CHAPTER 116

Chap. 116–An Act to authorize the board of county commissioners of White Pine County, State of Nevada, to issue bonds for the purpose of building and furnishing a schoolhouse in Lund school district, and matters properly relating thereto.

 

[Approved March 13, 1915]

 

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, empowered, and directed to prepare and issue bonds of said county, such bonds to be issued on or before the first day of February, 1916, for an amount not to exceed the sum of seven thousand ($7,000) dollars, exclusive of interest, for the purpose of providing funds for the construction of a schoolhouse in the town of Lund in said county (upon a site to be chosen by the board of school trustees of Lund school district), and for equipping and furnishing said building.

      Sec. 2.  The board of county commissioners of said White Pine County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by the seal of the county; coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and the county treasurer.

 

 

 

 

 

 

 

 

 

 

Schoolhouse for Lund district, White Pine County

 

 

 

 

 

Bonds to be issued


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κ1915 Statutes of Nevada, Page 132 (CHAPTER 116)κ

 

Record to be kept

 

 

 

Negotiation of bonds

 

 

 

 

 

Denomination of bonds

 

 

 

 

 

 

 

 

 

“Lund School District Fund”

 

 

Trustees to construct and equip school building

 

 

 

 

 

 

 

Bids to be advertised for

      Sec. 3.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 4.  The board of county commissioners of White Pine County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be numbered consecutively from one to twenty, and shall be redeemable at the rate of one each year, and the interest on the same shall not exceed six per cent per annum payable annually on the first Monday of July of each year at the office of the county treasurer of the said White Pine County. Said bonds shall be in the denominations as follows: Bonds one to five shall be for the sum two hundred dollars ($200) each; bonds six to ten shall be for the sum of three hundred dollars ($300) each; bonds eleven to fifteen shall be for the sum of four hundred dollars ($400) each; and bonds fifteen to twenty shall be for the sum of five hundred dollars ($500) each.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as “Lund School District Fund,” and to pay out said moneys only in the manner now provided by law and for the purposes for which the same were received.

      Sec. 7.  The board of trustees of Lund school district is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary, for the construction, equipment, and furnishing of a school building in the Lund school district, and any balance remaining in said fund, after the completion, equipment, and furnishing of said building, shall be turned over and converted into the proper fund provided for running and maintaining said school, in accordance with and pursuant to the provisions of law pertaining to the establishment of schools in the various counties of this state.

      Sec. 8.  Said board of trustees of Lund school district shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and when such determination is made, said board shall advertise for bids for the construction of said school building, and let the construction thereof by contract to the lowest and most responsible bidder. The laws in force governing contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the board of trustees of Lund school district in carrying out the provisions of this act.


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κ1915 Statutes of Nevada, Page 133 (CHAPTER 116)κ

 

same shall govern, the action of the board of trustees of Lund school district in carrying out the provisions of this act. All demands and bills contracted by said board of trustees of Lund school district shall be paid in the manner now provided by law; provided, that no such bills shall be allowed until the plans for said school building shall have been approved by the state superintendent of public instruction.

      Sec. 9.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the board of trustees of Lund school district shall proceed to select an appropriate site for said school building in the town of Lund, in said county, and the board of trustees of said county shall thereafter, with all expedient dispatch, proceed to the execution of the purposes of this act.

      Sec. 10.  The county treasurer of said White Pine County shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto.

      Sec. 11.  For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, the board of county commissioners of said White Pine County is hereby authorized and required to levy and collect annually a special tax upon the assessment valuation of all property, both real and personal, subject to taxation, including the proceeds of mines within the boundaries of said Lund school district, until said bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and retire, beginning with bond number one and consecutively thereafter, one of said bonds annually beginning on the first Monday in July, 1916, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the “Lund School District Fund”; provided, however, that if the amount of the tax levied upon the property within said Lund school district shall at any time be insufficient to pay the interest on said bonds and provide for the retirement as provided in this section, the board of county commissioners of said White Pine County are hereby required to levy and collect annually a special tax on the assessment valuation of all property, real and personal, subject to taxation, including the proceeds of mines within the boundaries of said White Pine County, and continue such levy from year to year to meet any deficit which may occur in said Lund school district fund, and the faith and credit of White Pine County is hereby pledged to the prompt and ready payment of said bonds and the interest thereon according to the terms, conditions, and tenor thereof.

      Sec. 12.  It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1916, and thereafter on the first day of July in each and every year, until all of said bonds shall have been redeemed and retired.

 

 

 

 

 

 

Trustees to select site

 

 

 

Treasurer responsible

 

 

 

“Lund School District Fund”

 

 

Tax on district property

 

 

 

 

 

 

 

 

 

 

 

Tax on county property

 

 

 

 

 

 

Interest must be paid


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κ1915 Statutes of Nevada, Page 134 (CHAPTER 116)κ

 

 

 

 

Tax ceases, when

 

 

 

Treasurer to cancel paid bonds

 

 

 

 

 

Interest ceases, when

 

Faith of state pledged

bonds, beginning on the first day of July, 1916, and thereafter on the first day of July in each and every year, until all of said bonds shall have been redeemed and retired.

      Sec. 13.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said Lund school district.

      Sec. 14.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 15.  Should the holder of said bonds or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment, when they become due, all interest on such bonds shall thereafter immediately cease.

      Sec. 16.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified.

 

________

 

CHAPTER 117

 

 

 

 

 

 

 

 

 

 

Life diplomas granted to teachers, conditions

Chap. 117–An Act to amend “An act concerning public schools and repealing certain acts relating thereto,” approved March 20, 1911.

 

[Approved March 13, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 28 of the above-entitled act is hereby amended to read as follows:

      Section 28.  The state board of education may grant a life diploma to any resident of the State of Nevada who shall present evidence of having taught successfully and continuously for a period of seventy-two months, twenty-four of which shall have been in the State of Nevada. Such life diploma may be granted to any resident of Nevada who shall have taught the required number of months, and who shall hold a renewable Nevada certificate, or who shall hold a special certificate that shall have been the applicant’s only license to teach for a period of at least seventy-two months previous to the application for such life diploma. A life diploma granted under this section shall be of the same grade and of the same name as the certificate held by the applicant at the time of the application for the life diploma, and shall entitle the holder thereof to teach in any school in the State of Nevada of the grade of the certificate upon which the life diploma was granted, or to teach those subjects in any school which the special certificate entitled the holder to teach at the time of the application for the life diploma.


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κ1915 Statutes of Nevada, Page 135 (CHAPTER 117)κ

 

in any school in the State of Nevada of the grade of the certificate upon which the life diploma was granted, or to teach those subjects in any school which the special certificate entitled the holder to teach at the time of the application for the life diploma.

      Sec. 2.  All acts or parts of acts in conflict with this act are hereby repealed.

 

 

 

 

Repeal

 

________

 

CHAPTER 118

Chap. 118–An Act for the relief of Virginia City Miners’ Union Number Forty-six, Western Federation of Miners.

 

[Approved March 15, 1915]

 

      Whereas, The Virginia City Miners’ Union Number Forty-six, Western Federation of Miners, furnished to the Virginia City school of mines for school purposes its lower hall from January 1, 1912, to January 1, 1913, at a stipulated rental of ten dollars ($10) per month, making a total rental for said period of one hundred and twenty ($120) dollars; and

      Whereas, An appropriation was duly made for the support of said Virginia City school of mines by the legislature of the State of Nevada in the year 1911; and

      Whereas, Through an inadvertence in the presentation of the above-mentioned claim for rent no warrant could be drawn in payment thereof; and

      Whereas, The said claim is a just and legal claim against the State of Nevada, and has been duly allowed by the board of examiners of said State of Nevada: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller of the State of Nevada is hereby directed to draw his warrant in favor of said Virginia City Miners’ Union Number Forty-six, Western Federation of Miners, for the sum of one hundred and twenty dollars ($120) in payment of the above-mentioned claim, and the state treasurer is hereby directed to pay the same.

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $120

 

________

 

CHAPTER 119

Chap. 119–An Act for the relief of the California school for the deaf and the blind.

 

[Approved March 15, 1915]

 

      Whereas, The California school for the deaf and the blind has a balance due for 1912 of $39.07 against the State of Nevada for supplies furnished children committed thereto by the State of Nevada; and

      Whereas, Such balance is a just and proper claim, being certified to by the superintendent of public instruction, and approved by the board of examiners January 25, 1915: now, therefore,

 

 

 

 

Preamble


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κ1915 Statutes of Nevada, Page 136 (CHAPTER 119)κ

 

 

 

 

 

 

Appropriation, $39.07

approved by the board of examiners January 25, 1915: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby authorized to draw a warrant in favor of the California school for the deaf and the blind for the sum of $39.07, and the state treasurer is directed to pay the same.

 

________

 

CHAPTER 120

 

 

 

 

 

 

 

 

 

 

 

 

Salary of recorder of Lyon County

 

 

 

 

 

 

 

 

 

 

 

Deputies, when

Chap. 120–An Act to amend section four of an act entitled “An act consolidating certain county offices in Lyon County, and regulating the compensation of the county officers in said county,” approved March 16, 1891, approved February 18, 1893, approved March 10, 1897, approved March 13, 1905, approved March 20, 1907, approved March 20, 1911.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section four of said act is hereby amended so as to read as follows:

      Section 4.  On and after the first day of March, 1911, the county recorder, as ex officio county auditor of Lyon County, shall receive an annual salary of eighteen hundred dollars, which shall be in full compensation for all services of every nature and kind performed him for said county as county recorder and ex officio county auditor, or by virtue of each or either of said offices. He shall make no charge for services performed for the county, but all fees of every kind authorized by law, and by virtue of said office, shall be collected by him 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 legally collectible, or collected by him in his official capacity during the month previous, and also file a duplicate copy thereof with the board of county commissioners. The said county recorder shall have authority in cases of emergency, by and with the consent of the board of county commissioners of Lyon County, by order duly entered in its minutes, to appoint one or more deputies at a salary not to exceed one hundred dollars per month each, to be paid out of the general fund of Lyon County, and shall continue to be paid said salary only during the pleasure and consent of said board.

 

________

 

 


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κ1915 Statutes of Nevada, Page 137κ

CHAPTER 121

Chap. 121–An Act in relation to the keeping and preservation of the state museum of mineralogical, geological, and other historical specimens.

 

[Approved March 15, 1915]

 

      Whereas, The Nevada historical society, trustee for the State of Nevada, has for one of its main objects the collection of historical material for a state museum and historical library; and

      Whereas, Said society is now provided with a brick building for the housing of said museum and library; and

      Whereas, The state museum, including the Pioneer society collection and other historical materials, now housed in the office of superintendent of public instruction, and by act of February 1, 1877, placed in the custody of said superintendent of public instruction, cannot be given room in the new office in the capitol; neither, by reason of other duties, has he time to act as curator of the same: now, therefor,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state mineral cabinets and other cases, mineral and other specimens and historical books, pictures, and curios, which constitute the state museum in the office of superintendent of public instruction, are hereby transferred to the custody of the Nevada historical society, to be kept and preserved by said society for the benefit of the people of the state.

      Sec. 2.  One hundred and twenty-five ($125) dollars are hereby appropriated for the proper inventorying, packing, and moving of this collection from its present quarters to the building of the Nevada historical society.

      Sec. 3.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

State museum to go to Nevada historical society

 

 

Appropriation for moving, $125

 

 

Repeal

 

________

 

CHAPTER 122

Chap. 122–An Act providing for the payment of legal services rendered by L. A. Gibbons to the board of prison commissioners of the State of Nevada.

 

[Approved March 15, 1915]

 

      Whereas, During the year 1912, L. A. Gibbons rendered legal services to the board of prison commissioners of the State of Nevada at the request of said board, relative to the investigation of prison affairs under the wardenship of Raymond T. Baker, and also relative to the investigation of the escape of convict Fred Skinner; and

      Whereas, The reasonable value of said services so rendered by said L. A. Gibbons to said board is the sum of $500,

 

 

 

 

 

Preamble


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κ1915 Statutes of Nevada, Page 138 (CHAPTER 122)κ

 

 

 

 

 

 

 

Appropriation, $500

 

 

 

Duties of controller and treasurer

by said L. A. Gibbons to said board is the sum of $500, no part of which has been paid: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of $500 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, for the payment of the said L. A. Gibbons for the said services so rendered, and in full compensation for all of said services.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of said L. A. Gibbons for the sum of $500, and the state treasurer is hereby directed to pay the same.

 

________

 

CHAPTER 123

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $514.90

Chap. 123–An Act for the relief of the J. I. Allenbach fuel company.

 

[Approved March 15, 1915]

 

      Whereas, The J. I. Allenbach fuel company in the month of December, 1914, furnished to the Nevada hospital for mental diseases a carload of fuel oil at and for the price of five hundred and fourteen and 90/100 dollars; and

      Whereas, The said claim was not paid owing to a deficiency in the appropriation for the maintenance of said institution; and

      Whereas, The said claim has been approved by the board of directors of the said Nevada hospital for mental diseases, and has been examined and allowed by the board of examiners of the State of Nevada in the amount above mentioned; and

      Whereas, The said claim is a just and legal claim against the State of Nevada, and should be paid: now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller is hereby directed to draw his warrant in favor of the said J. I. Allenbach fuel company in the sum of five hundred and fourteen and 90/100 dollars, and the state treasurer is directed to pay the same.

 

________

 

CHAPTER 124

 

 

 

 

 

 

 

 

Fees of officers of Mineral County

Chap. 124–An Act to regulate fees and compensation for official and other services in the county of Mineral, State of Nevada.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The several officers and persons named in this act may demand and receive for their services, rendered in discharging the duties imposed upon them by law, the fees and compensation hereinafter specified.


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κ1915 Statutes of Nevada, Page 139 (CHAPTER 124)κ

 

      Sec. 2.  The county clerk of Mineral County, State of Nevada, shall be allowed to charge and to collect the following fees:

      For all service performed by him in any action or proceeding (except a probate or guardianship proceeding) to and including the making up of the judgment roll, seven dollars, to be collected in advance from the party commencing the action or proceeding; provided, that in cases where an injunction or attachment or a receiver is asked for, an additional advance fee of two dollars and fifty cents shall be charged and collected, said fee or fees to be in addition to the court fee of three dollars now provided for by law.

      For filing cross-complaint, counter-claim, or a complaint in intervention, three dollars and fifty cents.

      For entering judgment by confession, three dollars and fifty cents.

      For services performed in an action appealed from a justice court, five dollars.

      For filing and indexing papers on transfer of a cause from the district court of another county, three dollars and fifty cents.

      For transmission of files and papers upon a granting of a change of venue to the district court of another county, or to the United States court, exclusive of express charges or postage, two dollars and fifty cents.

      For issuing a commission to take testimony, one dollar.

      For filing notice and undertaking and all services, including indexing, upon appeal to the supreme court, three dollars and fifty cents.

      For all services after judgment roll is made up, pending an appeal to the supreme court (not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial or to set aside judgment.

      For service performed in proceedings to perpetuate testimony, one dollar.

      For services performed in an adoption case, five dollars.

      For certificate of dismissal of an appeal, when prepared by the clerk, three dollars and fifty cents, and when prepared and furnished by the attorneys, two dollars.

      For filing remittitur from the supreme court, one dollar; and for recording judgment entered thereon, thirty cents per folio.

      For issuing execution or order of sale, one dollar; and for copying decree and return, thirty cents per folio.

      For filing any paper in any cause after judgment, not otherwise provided for, fifty cents.

      For issuing transcript of judgement and certifying thereto, two dollars.

      For taking and certifying depositions, for each folio, thirty cents, besides five dollars for each day’s attendance.

      For services in probate and guardianship proceedings, up to and including the final settlement of the case, 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 one dollar 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 by law.

County clerk’s fees

 

Fees of county clerk


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κ1915 Statutes of Nevada, Page 140 (CHAPTER 124)κ

 

Fees of county clerk

and including the final settlement of the case, 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 one dollar 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 by law.

      For filing a petition to contest any will or codicil, or objections or cross-petitions to the appointment of an executor, administrator, or guardian, or objections to the settlement of accounts, or any other proceeding in any estate or guardianship matter, five dollars, to be paid by the moving or objecting party.

      For filing the appearance of any defendant, or any number of defendants answering jointly, to be paid upon filing the first paper in the action by him or them, five dollars; for every additional defendant appearing separately, two dollars and fifty cents.

      For any copy of any record, proceeding, or paper, upon file in the office of the clerk, relating to any civil action or proceeding theretofore tried or pending in said court, when such copy is made by him, per folio, thirty cents, and when such copy is not made by him, per folio, ten cents; and for each certificate thereto, one dollar.

      For each certificate of the clerk under seal of the court, one dollar.

      For issuing a marriage license (one-half to be paid to the county recorder), two dollars.

      For filing, indexing, and recording articles of incorporation, five dollars.

      For filing, indexing, and recording certificates of copartnership and all services in connection therewith, two dollars and fifty cents.

      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, fifty cents.

      For filing, indexing, and recording any and all papers which are not hereinbefore provided for, one dollar and fifty cents.

      For making satisfaction of or credit on judgment, fifty cents.

      For administering each oath, without certificate, except in a pending action or proceeding, twenty-five cents.

      For taking any affidavit, except in pending suits or in criminal cases, fifty cents.

      For searching records and files in his office, for each year (but not to charge suitors or attorneys), fifty cents.

      For taking acknowledgments of deed or other instruments, including certificate and seal, for the first name, one dollar, and for each subsequent name, twenty-five cents.

      For issuing certified copy of naturalization papers, to be used in land cases, for the first papers, two dollars, and for final papers, four dollars.


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κ1915 Statutes of Nevada, Page 141 (CHAPTER 124)κ

 

      No fees shall be allowed to or charged by the clerk for any service rendered in any criminal case.

      Sec. 3.  The county recorder of Mineral County, State of Nevada, shall be allowed to charge, and to collect, the following fees:

      For receiving, filing, and entering documents required to be recorded, twenty-five cents.

      For filing and entering any paper not to be recorded, fifty cents.

      For making all necessary indexes to each paper filed or recorded, for each name to be indexed, fifty cents.

      For recording any instrument, paper, or document, for each folio, thirty cents.

      For every certificate under seal, one dollar.

      For every entry of discharge of mortgage on the margin of records, fifty cents.

      For abstract of title for each document embraced thereby, one dollar.

      For searching records and files, for each document necessarily examined, fifty cents.

      For recording any survey or map other than town plat, for each course, fifty cents.

      For recording town plat, for each lot or separate subdivision exhibited thereby, twenty-five cents; for each folio of lettering or figuring thereon, or in the certificate and description of the same, one dollar.

      For recording certificates of marriage, death, divorce, or birth, one dollar.

      For copy of any record or document in his office, the same fees as for recording.

      For taking acknowledgment, including certificate and seal, for first signature one dollar; for each additional signature, twenty-five cents.

      For recording or copying any paper in foreign language, double the fees as when in English.

      No map or plat shall be recorded exceeding in size two folios of the usual size records.

      For preparing the abstract of unsatisfied mortgages required for the board of equalization, for each, twenty-five cents.

      Sec. 4.  The sheriff of Mineral County, State of Nevada, shall be allowed to charge, and to collect, the following fees:

      For serving a summons or complaint, or any other process by which an action or proceeding is commenced, on every defendant, two dollars.

      For traveling and making such service, per mile, in going only, to be computed in all cases, the distance actually traveled, fifty cents for the first ten miles, and for each and every additional mile forty cents; provided, that if any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction, one mileage only shall be charged.

 

 

Fees of recorder

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of sheriff


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κ1915 Statutes of Nevada, Page 142 (CHAPTER 124)κ

 

Fees of sheriff

      For taking bond or undertaking in any case in which he is authorized to take the same, one dollar and fifty cents; for copy of any writ, process, or other paper, when demanded or required by law, for each folio, thirty cents.

      For serving every notice, rule, or order, one dollar; for serving subpena, for each witness summoned, fifty cents; for traveling, per mile, in serving such subpena or venire, in going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents; but when two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.

      For serving an attachment on property, or levying an execution, or executing an order of arrest or order for delivery of personal property, three dollars, together with traveling fees, as in cases of summons.

      For making and posting notices and advertising for sale on execution or under any judgment or order of sale, not to include the cost of publication in a newspaper, two dollars.

      For commissions for receiving and paying over money on execution or process, where lands or personal property has been levied on, advertised, and sold, on the first five hundred dollars, four per cent; on any sum in excess of five hundred dollars, and not exceeding one thousand dollars, two per cent; on all sums above that amount, one per cent.

      For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first five hundred dollars, one per cent; on all over that sum, one-half of one per cent. The fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made.

      For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof, five dollars.

      For serving a writ of possession or restitution putting any person into possession entitled thereto, five dollars.

      For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents.

      He shall also be allowed further compensation for his trouble and expense in taking possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.

      For every arrest in a criminal proceeding, three dollars.

      For serving each subpena in criminal cases, fifty cents.

      For service of any process in a criminal case, the same mileage as in civil cases.


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κ1915 Statutes of Nevada, Page 143 (CHAPTER 124)κ

 

      In serving subpenas or venire in criminal cases, he shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      For all services in justice courts, the same fees as are allowed to constables.

      Sec. 5.  The fees of coroners of Mineral County, State of Nevada, shall be as follows:

      For all services in summoning a jury of inquest, three dollars; for swearing a jury, fifty cents; for issuing warrant of arrest, seventy-five cents; for issuing subpena to each witness, twenty-five cents; for each mile necessarily traveled in going to the presence of the dead body, twenty-five cents; for swearing each witness, twenty-five cents; for taking down testimony, per folio, twenty cents; for each day necessarily employed in holding an inquest, five dollars. All of said fees shall be paid out of the county treasury as other demands.

      For all services by him while acting as sheriff, the same fees as are allowed to sheriffs for similar services.

      Sec. 6.  The fees of constables of Mineral County, State of Nevada, shall be as follows:

      For serving summons or other process by which suit is commenced in civil cases, one dollar.

      For summoning a jury before a justice of the peace, two dollars.

      For taking a bond or undertaking, one dollar.

      For serving an attachment against the property of a defendant, two dollars.

      For serving subpenas, for each witness, twenty-five cents.

      For summoning and swearing a jury to try the rights of property, and taking the verdict, two dollars.

      For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice who issued the execution, upon the affidavit of the constable that such charges are correct, and the expenses necessarily incurred.

      For a copy of any writ, process, or other paper, when demanded or required by law, per folio, thirty cents.

      For drawing and executing every constable’s deed, to be paid by the grantee, who shall also pay the acknowledgment thereof, five dollars.

      For each certificate of sale of real estate under execution, one dollar.

      For collecting all sums on execution, to be charged against the defendant in execution, two per cent.

      In levying an execution or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons, two dollars.

      For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper, two dollars.

 

 

 

Fees of coroners

 

 

 

 

 

 

 

 

 

 

Fees of constables


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κ1915 Statutes of Nevada, Page 144 (CHAPTER 124)κ

 

Fees of constables

 

 

 

 

 

 

 

 

Fees of justices of peace

      For mileage in serving summons, attachment, execution, order, venire, subpena, or other process in civil cases, for each mile necessarily traveled, in going only, fifty cents for the first ten miles, and for each and every additional mile, forty cents; provided, that when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.

      For service in travel in criminal cases, the same fees as are allowed sheriffs for like services.

      For all other services, except for attending court, the same fees as are allowed sheriffs for similar services.

      Sec. 7.  Justices of the peace in Mineral County, State of Nevada, shall be allowed the following fees:

      For filing each paper, twenty-five cents.

      For issuing any writ or paper, by which suit is commenced, one dollar.

      For entering cause in docket, fifty cents.

      For subpena to witness, twenty-five cents.

      For administering oath or affirmation, twenty-five cents; certifying to same, twenty-five cents.

      For issuing writ of attachment or arrest, or order for the delivery of property, two dollars.

      For entering final judgment, per folio, for the first folio, one dollar; for each additional folio, fifty cents.

      For taking and approving any bond or undertaking, required by law to be taken or approved by him, one dollar.

      For issuing a venire, one dollar.

      For taking depositions, per folio, twenty-five cents.

      For issuing commissions to take testimony, one dollar.

      For copy of any judgment, order, docket, proceeding, or paper in his office, per folio, twenty-five cents.

      For entering satisfaction of judgment, fifty cents.

      For issuing execution, one dollar.

      For taking acknowledgments of deeds or other instruments, including certificates, for the first name, one dollar; for each subsequent name, twenty-five cents.

      For issuing supersedeas to an execution, one dollar.

      For making up and transmitting transcript and paper on appeal, two dollars.

      For issuing search warrant, one dollar.

      For celebrating marriage and returning certificate to recorder, five dollars.

      For issuing writ of restitution, one dollar.

      For all services and proceedings in a criminal action, the same fees as are allowed in civil cases, but in no case shall there be a charge against the county exceeding in any one case the sum of ten dollars; provided, that in preliminary examinations in criminal cases, the justice of the peace, sitting as a committing magistrate, shall be allowed, in addition to other fees allowed by law, for taking testimony, where a reporter is not employed, for the first folio, fifty cents; for each additional folio, twenty-five cents.


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κ1915 Statutes of Nevada, Page 145 (CHAPTER 124)κ

 

not employed, for the first folio, fifty cents; for each additional folio, twenty-five cents.

      For taking bail after commitment in criminal cases, to be collected from the defendant, one dollar.

      For entering any cause without process, one dollar.

      For entering judgment by confession, as in the district court, three dollars.

      For each motion, exception, rule, order, default, dismissal, discontinuance, or non-suit, and for filing each paper required to be filed, twenty-five cents.

      Sec. 8.  Witnesses required to attend in the courts of Mineral County, State of Nevada, shall be entitled to the following fees:

      For attending in any civil suit or proceeding before any court of record, referee, commissioner, or justice of the peace, for each day’s attendance, three dollars; and thirty cents per mile for each mile necessarily and actually traveled, one way only; provided, that no person shall be obliged to testify in a civil action unless his fees and mileage have been tendered him, or he shall not have demanded the same; and provided further, that no person shall be obliged to testify in a civil action unless his fees have been tendered him, if he demanded the same, for mileage and one day’s attendance; for each subsequent day’s attendance, the witness is entitled to demand in advance his fees from the party in whose favor he has been subpenaed; and in case of refusal, is exonerated from further attendance. Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof by affidavit that the disbursements have actually been made. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall party, plaintiff or defendant, be allowed any fees for attendance as a witness in his own behalf. No per diem or mileage shall be allowed or paid in criminal cases except for attendance upon the district court, or appearance before the grand jury in obedience to a subpena.

      Sec. 9.  Jurors: Each person summoned to attend as a grand or trial juror in Mineral County, State of Nevada, 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 thirty cents per mile for each mile necessarily and actually traveled, one way only. In civil cases the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court or the justice of the peace, 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 or mileage paid trial jurors in criminal cases in justice courts.

 

 

Fees of justices of peace

 

 

 

 

 

Witness fees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of jurors


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κ1915 Statutes of Nevada, Page 146 (CHAPTER 124)κ

 

Fees of jurors

 

 

 

 

 

 

 

 

 

 

Officers of county to pay all fees into treasury

 

Repeal

 

In effect

but two dollars per day in civil cases; provided, that no fees shall be allowed or mileage paid trial jurors in criminal cases in justice courts. The fees paid jurors by the clerk for service in civil actions shall be deducted from the amounts due them from the county for attendance upon the court, and the balance only shall be a charge against the county. Coroners’ jurors (with not more than six persons upon the jury) shall be entitled to receive for each day’s service, two dollars and fifty cents, to be allowed, audited, and paid as are other claims against the county; provided, that when it is necessary for said coroner’s jury to travel a distance greater than one mile to view the remains or to the place where said inquisition is held, the necessary and actual expenses incurred by said coroner for the transportation of the jury, shall be allowed, audited, and paid as are other claims against the county.

      Sec. 10.  All fees collected by each of the aforesaid officers of Mineral County, under the provisions of the foregoing act, in their official or ex officio capacity, except the justices of the peace and constables, shall be by them paid into the county treasury on or before the first Monday of each month.

      Sec. 11.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 12.  This act shall take effect from and after its passage and approval.

 

________

 

CHAPTER 125

 

 

 

 

 

 

 

 

 

County commissioner districts in Clark County

Districts described

 

 

 

 

 

 

 

 

One to be elected from each district

Chap. 125–An Act to establish commissioner districts in the county of Clark, and providing for the election therefrom of members of the board of county commissioners.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county of Clark is hereby divided into three commissioner districts as follows:

      1.  All that portion of Clark County comprising Las Vegas Township shall be known as commissioner district No. 1, and shall be represented by one member of the board of county commissioners.

      2.  All that portion of Clark County situated south of Las Vegas Township shall be known as commissioner district No. 2, and shall be represented by one member of the board of county commissioners.

      3.  All that portion of Clark County situated to the north and the east of Las Vegas Township shall be known as commissioner district No. 3, and shall be represented by one member of the board county commissioners.

      Sec. 2.  At every election hereafter, at which county commissioners are to be elected, one member of the board of county commissioners shall be elected from each one of said districts in which a vacancy may exist or may impend because of the expiration of the term of office of the incumbent member from that district.


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κ1915 Statutes of Nevada, Page 147 (CHAPTER 125)κ

 

because of the expiration of the term of office of the incumbent member from that district.

      Sec. 3.  This act shall become operative from and after its passage and approval.

      Sec. 4.  All acts and parts of acts in conflict herewith are hereby repealed.

 

 

In effect

Repeal

 

________

 

CHAPTER 126

Chap. 126–An Act regulating the fees of the office of surveyor-general, and other matters relating thereto.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The surveyor-general shall charge the following fees: For the making of any copy of any instrument, twenty cents per folio; for making plats, or copies of plats or maps, he shall charge the actual cost of the preparation thereof, plus twenty per cent. All fees charged and collected shall be accounted for by the surveyor-general, and shall be paid into the state treasury of the State of Nevada for the general fund.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

 

 

 

 

 

 

 

 

Fees of surveyor-general

 

 

 

 

Repeal

 

________

 

CHAPTER 127

Chap. 127–An Act to amend an act reducing and regulating the salaries and compensation of certain state officers and attaches of the state government of Nevada, approved February 21, 1881.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  To state senators and members of the assembly, ten dollars per day for each day of service; provided, the total amount so paid shall not exceed the sum of six hundred dollars at any regular session, and ten cents per mile for each mile actually traveled in going to and returning from the place of meeting, which said mileage shall, however, be computed, in all cases, upon the shortest practical routes to the said place of meeting; provided, that each member may be allowed not exceeding twenty dollars for the purchase of newspapers and stationery during the session.

 

 

 

 

 

 

 

 

 

 

 

Per diem of senators and assemblymen

 

 

 

Stationery allowance, $20

 

________

 

 


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κ1915 Statutes of Nevada, Page 148κ

CHAPTER 128

 

 

 

 

 

 

 

 

 

 

 

 

 

Locomotive headlights must be 1,500-candle power

 

Certain other light deemed equivalent

 

Exceptions

 

 

 

Repeal

Chap. 128–An Act to amend section one of an act entitled “An act to promote the public safety by requiring common-carrier railroads to provide and equip all locomotives in road service with headlights of lighting capacity of 1,500-candle power, and prescribing penalty for the violation of the provisions thereof,” approved February 28, 1913, and to repeal section 2 of said act.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  Every company, corporational lessee, manager, or receiver, owning or operating a railroad in this state, is hereby required to equip, maintain, use, and display at night upon each and every locomotive being operated in road service in this state, an electric or other headlight of at least 1,500-candle power, measured without the aid of a reflector; provided, that any electric headlight, which will pick up and distinguish an object the size of a man dressed in dark clothes upon a dark, clear night at a distance of 1,000 feet, shall be deemed the equivalent of a 1,500-candle power headlight measured without the aid of a reflector; provided further, that this act shall not apply to locomotive engines regularly used in switching cars or trains; and provided further, that this act shall not apply to railroads not maintaining regular night-train schedules nor to locomotives going to or returning from repair shops when ordered in for repairs.

      Sec. 2.  Section 2 of the above-entitled act is hereby repealed.

 

________

 

CHAPTER 129

 

 

 

 

 

 

 

 

 

 

Inspectors of hides to be appointed, when

Chap. 129–An Act to provide for the appointment of inspectors of hides, defining their duties and mode of compensation, and repealing a certain act.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of any board of county commissioners of any county of this state, upon the application in writing of three or more property owners in any township of any county of the state, to appoint in and for said township and for such length of time as may be deemed necessary, not exceeding two years, an inspector of hides, whose duty it shall be to examine, when requested so to do by any three taxpayers of said township, the hides of any or all cattle killed in said township, and to mark such hide inspected in such a manner as may be indicated by the said board of county commissioners,


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

κ1915 Statutes of Nevada, Page 149 (CHAPTER 129)κ

 

manner as may be indicated by the said board of county commissioners, and shall, upon the request of said taxpayers aforesaid, have the right, and it shall be his duty, to go upon the premises of any resident of such township and make search for any hides concealed, or which such inspector or said taxpayers may have reason to believe are concealed upon said premises, and shall report in writing, to the district attorney of the county in which he has been appointed, at such time as may be designated by the said board of county commissioners making the appointment, giving the number of hides inspected, the brands or other marks upon such hides, the names of the persons in whose possession they were found, and whether the persons having them in possession had killed the cattle from which the hides were taken, or had obtained them from other persons, and the names of such persons.

      Sec. 2.  The rate of compensation of such inspectors shall be fixed by the said board of county commissioners at the time the appointments are made, and shall be paid by the parties on whose petitions they are appointed, or by the taxpayers upon whose request they act, as provided in section one of this act.

      Sec. 3.  An act entitled “An act to amend an act entitled ‘An act to provide for the appointment of inspectors of hides, defining their duties and mode of compensation,’ approved March 3, 1881,” approved March 10, 1897, is hereby repealed.

 

 

Inspectors to search premises, when

 

 

 

 

 

 

 

Pay of inspectors

 

 

 

 

Repeal

 

________

 

CHAPTER 130

Chap. 130–An Act to amend an act entitled “An act to amend section 1 of an act entitled ‘An act to regulate the settlement of estates of deceased persons,’ approved March 23, 1897, and as amended and approved March 16, 1899, approved March 6, 1901,” and as amended March 11, 1913.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 259 of the above-entitled act is hereby amended so as to read as follows:

      Section 259.  When any person having title to any estate, not otherwise limited by marriage contract, shall die intestate as to such estate, it shall descend and be distributed, subject to the payment of his or her debts, in the following manner:

      First-If there be a surviving husband or wife, and only one child, or the lawful issue of one child, one-half to the surviving husband or wife, and one-half to such child or issue of such child. If there be a surviving husband or wife and more than one child living, or one child living and the lawful issue of one or more deceased children, one-third to the surviving husband or wife, and the remainder in equal shares to his or her children, and to the lawful issue of any deceased child by right of representation.

 

 

 

 

 

 

 

 

 

 

 

 

Estate of intestate, how distributed


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κ1915 Statutes of Nevada, Page 150 (CHAPTER 130)κ

 

Estate of intestate, how distributed

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

      Second-If he or she shall leave no issue, the estate shall go, one-half to the surviving husband or wife, one-fourth to the intestate’s father and one-fourth to the intestate’s mother, if both are living; if not, one-half to either the father or mother then living. If he or she shall have no issue, nor father, nor mother, the whole community property of the intestate shall go to the surviving husband or wife, and one-half of the separate property of the intestate shall go to the surviving husband or wife, and the other half thereof shall go in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister by right of representation. If he or she shall leave no issue, or husband, or wife, the estate shall go, one-half to the intestate’s father and one-half to the intestate’s mother, if both are living, if not, the whole estate shall go to either the father or mother then living. If he or she shall leave no issue, father, mother, brother, or sister, or children of any issue, brother or sister, all of the property, both community and separate, of the intestate shall go to the surviving husband or wife.

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

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

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


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κ1915 Statutes of Nevada, Page 151 (CHAPTER 130)κ

 

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

      Sixth-If there be no surviving husband, or wife, or kindred, except a child or children, the estate shall, if there be only one child, all go to that child; and if there be more than one child, the estate shall descend and be distributed to all the intestate’s children, share and share alike.

      Seventh-If there be no surviving husband, or wife, or kindred, except a child or children and the lawful issue of a child or children, the estate shall descend and be distributed to such child or children and lawful issue of such child or children by right of representation, as follows: To such child or children each a child’s part, and to the lawful issue of each deceased child, by right of representation, the same part and proportion that its parent would have received in case such parent had been living at the time of the intestate’s death; that is, the lawful issue of any deceased child shall receive the part and proportion that its parent would have received had such parent been living at the time of the intestate’s death.

      Eighth-If there be no surviving husband, or wife, or kindred, except the lawful issue of a child or children, all of the estate shall descend and be distributed to the lawful issue of such child or children by right of representation, and this rule shall apply to the lawful issue of all such children and to their lawful issue ad infinitum.

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

Estate of intestate, how distributed

 

________

 

CHAPTER 131

Chap. 131–An Act to provide for the partial support of mothers who are dependent upon their own efforts for the maintenance of their children, and giving county commissioners of the State of Nevada jurisdiction in such matters, and prescribing penalties for those who fraudulently obtain the benefit thereof.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be the duty of the county commissioners of each county in this state, and they are hereby empowered and authorized, to provide funds in an amount sufficient to meet the purposes and requirements of this law, for the support of women whose husbands are dead or are inmates of a penal institution or an insane asylum, or who are abandoned by their husbands, and such abandonment has continued for more than one year, or because of the total disability of their husbands, and who are unable to support their children, when such women are destitute or are dependent upon their own efforts for the maintenance of their children and are mothers of children under the age of fifteen years, and such mothers and children reside in such counties in the state.

 

 

 

 

 

 

 

 

 

 

Indigent mothers to receive county help


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κ1915 Statutes of Nevada, Page 152 (CHAPTER 131)κ

 

 

 

 

 

Allowance limited

 

 

 

 

Allowance, conditions of

 

 

 

 

 

 

 

 

 

When child reaches 15 years of age allowance ceases

 

 

Fraud punished

 

 

Order to be recorded

 

 

 

 

 

Appeal to district court may be taken

husbands, and who are unable to support their children, when such women are destitute or are dependent upon their own efforts for the maintenance of their children and are mothers of children under the age of fifteen years, and such mothers and children reside in such counties in the state.

      Sec. 2.  The allowance to each of such mothers shall not exceed the sum of fifteen dollars per month when she has but one child under the age of fifteen years, and if she has more than one child under the age of fifteen years, it shall not exceed the sum of fifteen dollars a month for the first child and five dollars a month for each of the other children under the age of fifteen years.

      Sec. 3.  Such allowance shall be made and fixed by the board of county commissioners for their respective counties upon the following conditions:

      First-The child or children for whose benefit the allowance is made must be living with the mother of such child or children.

      Second-When by means of such allowance the mother will be able to maintain a home for her child or children.

      Third-The mother must, in the judgment of the board of county commissioners, be a proper person, morally, physically, and mentally, for the bringing up of her children.

      Fourth-No person shall receive the benefit of this act who shall not have been a resident of the county in which such application is made for at least one year next before the making of such application for such allowance.

      Sec. 4.  Whenever any child shall reach the age of fifteen years, any allowance made to the mother of such child, for the benefit of such child, shall cease. The board of county commissioners may, in their discretion, at any time before such child reaches the age of fifteen years, discontinue or modify the allowance to any mother or for any child.

      Sec. 5.  Any person procuring fraudulently any allowance for a person not entitled thereto shall be deemed guilty of a gross misdemeanor.

      Sec. 6.  In each case where an allowance is made to any woman under the provisions of this act, an order to that effect shall be entered upon the records of the board of county commissioners making such allowance. Proceedings to obtain the benefits of this act shall be instituted by the applicant for allowance by filing an application before the board of county commissioners, same being properly verified under oath.

      Sec. 7.  In each case where an allowance is made or refused to any mother under the provisions of this act by the board of county commissioners, an appeal may be taken to the district court from such decision, by the applicant or by any taxpaying citizen, and such appeal shall be subject to the rules of procedure as in the case of appeals from the justice court.

      Sec. 8.  The district attorney shall render all necessary assistance to applicants under this act, and shall appear in every such proceeding, and shall carefully investigate the merits of every application, to the end that this act may be fairly administered and no person granted relief hereunder except those justly entitled thereto; and no officer of the court or county officer shall receive any fees for services rendered in carrying out the provisions of this act.


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κ1915 Statutes of Nevada, Page 153 (CHAPTER 131)κ

 

assistance to applicants under this act, and shall appear in every such proceeding, and shall carefully investigate the merits of every application, to the end that this act may be fairly administered and no person granted relief hereunder except those justly entitled thereto; and no officer of the court or county officer shall receive any fees for services rendered in carrying out the provisions of this act. A certified copy of said order shall be filed with the county auditor of the county in which such child’s mother is resident, and thereupon, and thereafter, and so long as such order remains in force and unmodified, it shall be the duty of the county auditor each month to draw on the general fund of the county in favor of the mother for the amount specified in such order, which warrant shall be by the auditor delivered to the mother upon her executing duplicate receipts therefor, one to be retained by the auditor, and the other to be filed by the clerk with the records in the proceeding relating to such child or children. It shall be the duty of the county treasurer, and he is hereby authorized and empowered, to pay such warrant out of the general funds of the county.

      Sec. 9.  All acts or parts of acts in conflict with this act are hereby repealed.

Duties of district attorney

 

No fees

 

 

 

 

 

 

 

 

 

 

Repeal

 

________

 

CHAPTER 132

Chap. 132–An Act to amend an act entitled “An act fixing the salary of the justice of the peace of Goldfield Township, Esmeralda County, State of Nevada, and repealing all acts and parts of acts in conflict herewith,” approved March 13, 1913.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of an act entitled “An act fixing the salary of the justice of the peace of Goldfield Township, Esmeralda County, State of Nevada, and repealing all acts and parts of acts in conflict herewith,” approved March 13, 1913, is hereby amended to read as follows:

      Section 1.  From and after the approval of this act the justice of the peace of Goldfield Township, Esmeralda County, State of Nevada, shall receive in full compensation for all services and ex officio services, except that of registry agent, that may be rendered by him, the sum of one hundred and fifty ($150) dollars per month.

 

 

 

 

 

 

 

 

 

 

Salary of justice of peace of Goldfield

 

 

$150 per month

 

________

 

 


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κ1915 Statutes of Nevada, Page 154κ

CHAPTER 133

 

 

 

 

 

 

 

 

 

Personal property tax, when collected

 

 

 

 

 

 

Proviso

Chap. 133–An Act to amend section 3 of an act entitled “An act allowing the payment of taxes in equal semiannual installments and regulating the collection of taxes on personal property,” approved March 16, 1897.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of an act entitled “An act allowing the payment of taxes in equal semiannual installments and regulating the collection of taxes on personal property,” approved March 16, 1897, is hereby amended to read as follows:

      Section 3.  It is hereby made a specific duty of all county assessors, at the time of assessing personal property, to collect the entire amount of tax on such personal property, unless the owner thereof shall be the owner of real estate, situate within his county, sufficient, in the judgment of the county assessor, to amply secure the payment of the entire tax on both such real estate and personal property should a lien attach thereto by reason of such taxes becoming delinquent; provided, should such assessment be made at any time between the first day of January and the date on which the tax is levied by the board of county commissioners for any year, such collection shall be made by the assessor on the regular tax levy for the preceding year, plus ten per cent. The county assessor shall immediately turn into the county treasurer the full amount of any such collection. The county treasurer shall place ten per cent thereof in a special fund and apportion the remainder as other taxes are apportioned. The ten per cent shall remain in the special fund, unapportioned, until such time as the board of county commissioners levy the tax for the then current year, at which time, if the levy is in excess of the rate applied to such personal property for the preceding year, the amount of the tax figured at such excess shall be deducted from the special fund, apportioned as other taxes, and the balance refunded to party in interest; provided, if the levy for the then current year shall be less than for the preceding year, no refund, other than the total amount of the special fund, shall be made to any party in interest.

 

________

 

CHAPTER 134

 

 

 

 

 

 

 

 

Minden to be county-seat of Douglas County

Chap. 134–An Act to remove the county-seat of Douglas County from Genoa to Minden, and matters properly relating thereto.

 

[Approved March 15, 1915]

 

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 January, A. D. 1916, the county-seat of Douglas County, Nevada, shall be located and be at what is known as the town or townsite of Minden, Douglas County.


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κ1915 Statutes of Nevada, Page 155 (CHAPTER 134)κ

 

      Sec. 2.  The county courthouse and other necessary and required buildings shall be located and situated on a tract of ground not less than three hundred by two hundred feet; provided, said site is transferred and conveyed to Douglas County, free of cost, on or before June 1, 1915.

      Sec. 3.  It shall be the duty of the officers of said county, who are required to keep their offices at the county-seat, to remove the same to Minden to the courthouse and offices there furnished on the said January 1, 1916.

      Sec. 4.  The county commissioners shall provide for the removal of the archives, and all other movable property belonging to said county, and now located at Genoa, to Minden. Said commissioners shall have power to sell and convey any real or immovable property situated at Genoa and belonging to Douglas County, Nevada, and shall pay the proceeds of such sale into the county treasury of said county.

      Sec. 5.  The county commissioners of Douglas County are empowered and authorized, and it is made their duty to provide suitable buildings, offices, and rooms necessary for all county officers at Minden, and have them ready for occupancy on and after January 1, 1916.

      Sec. 6.  All acts and parts of acts in conflict with this act are hereby repealed.

Land to be donated

 

 

 

Officers to move

 

 

Provisions for removal

 

 

 

 

Offices, etc., to be provided

 

 

Repeal

 

________

 

CHAPTER 135

Chap. 135–An Act to amend an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and adding another section thereto, to be numbered 375 1/2.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, is hereby amended by adding another section thereto, to be known as section 375 1/2, which section reads as follows:

      Section 375 1/2.  It shall be unlawful for any person to have in his possession any hide of any cow, bull, steer, calf, or heifer, from which hide the ears have been removed or the brand cut out or removed, or the brand obliterated, defaced, or disfigured so that the same cannot be readily recognized, and any person having such hide in his possession shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than one year nor more than five years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hides of beeves must be preserved intact

 

________

 

 


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κ1915 Statutes of Nevada, Page 156κ

CHAPTER 136

 

 

 

 

 

 

 

 

 

 

 

 

Hotels, etc., must be kept sanitary

 

 

 

All bedding must be kept clean

 

 

 

 

 

Bedbugs, etc., inhibited

 

 

Rooms must be free from dirt

 

 

Ventilation

 

 

 

Sheets of certain size

 

 

 

Infected room must be fumigated

Chap. 136–An Act relating to hotels, defining the same, providing regulations in connection therewith, providing for the sanitation of the rooms of such hotels, providing for the sanitary method and manner of conducting such hotels, providing for the enforcement of this act, and providing a penalty for the violation thereof.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every building or structure, kept as, used as, maintained as, or held out to the public to be, a place where sleeping or rooming accommodations are furnished to the transient public, whether with or without meals, shall, for the purpose of this act, be deemed to be a hotel, and whenever the word “hotel” shall occur in this act, it shall be deemed to include lodging-house and rooming-house, where transient trade is solicited.

      Sec. 2.  All bedding, bedclothes, or bed covering, including mattresses, quilts, blankets, sheets, pillows, or comforters used in any hotel in this state must be kept clean and free from all filth or dirt; provided, that no bedding, bedclothes, or bed covering, including mattresses, quilts, blankets, sheets, pillows, or comforters, shall be used which is worn out or unsanitary for use by human beings according to the true intent and meaning of this act.

      Sec. 3.  Any room in any hotel in this state, which is or shall be infested with vermin or bedbugs or similar things, shall be thoroughly fumigated, disinfected, and renovated until such vermin or bedbugs or other similar things are entirely exterminated.

      Sec. 4.  Every room in any hotel in this state used for sleeping purposes, must be free from any and every kind of dirt or filth of whatsoever nature, and the walls, floors, ceiling, and doors of every such room shall be kept free from dirt.

      Sec. 5.  Every room in any hotel, used for sleeping purposes, shall have devices, such as a window or transom, so constructed, as to allow for the proper and a sufficient amount of ventilation in each such room.

      Sec. 6.  Every bed, for the accommodation of any person or persons or guests, kept or used in any hotel in this state, must be provided with a sufficient supply of clean bedding and must be provided with sheets at least ninety-eight (98) inches long and of sufficient width to completely cover the mattress and spring, and pillow slips as often as assigned to a different person.

      Sec. 7.  Whenever any room in any hotel shall have been occupied by any person having a contagious or infectious disease, the said room shall be thoroughly fumigated under the direction of the health officer, his authorized deputy or deputies, or any agent provided for by this act, and all bedding therein thoroughly disinfected before said room shall be occupied by any other person; but, in any event, such room shall not be let to any person for at least forty-eight (48) hours after such fumigation or disinfection.


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κ1915 Statutes of Nevada, Page 157 (CHAPTER 136)κ

 

let to any person for at least forty-eight (48) hours after such fumigation or disinfection.

      Sec. 8.  Every hotel, within this state, having a public washstand or washbowl, where different persons gather to wash themselves, must keep a sufficient supply of clean individual towels for the use of such persons within easy access of or to such persons and in plain sight and view. Nothing in this section shall be construed as excluding the use of crepe or paper towels, or the automatic roller towel.

      Sec. 9.  Every hotel in this state shall have proper facilities for sewage disposal and shall be kept free from effluvia arising from any sewer, drain, privy, cesspool, or other source within the control of the proprietor, owner, manager, agent, or other person in charge. Any water-closet, privy, or cesspool in connection with any hotel shall be disinfected as often as may be necessary to keep them at all times in a sanitary condition.

      Sec. 10.  Every proprietor, owner, manager, lessee, or other person in charge of any hotel in this state who shall fail to comply with this act, whether through the acts of himself, his agent or employees, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars or more than one hundred dollars, or shall be imprisoned for not more than three months, and every day that any hotel shall be kept in violation of any of the provisions of this act such keeping shall constitute a separate offense.

      Sec. 11.  The commissioner of food and drugs is hereby charged with the enforcement of this act. He shall appoint such agent or agents as he deems necessary to carry out the provisions of this act and shall make uniform rules and regulations pertaining thereto. He shall keep a record of hotels inspected, and said record or any part thereof may, in the discretion of the commissioner, be included in the annual report to the governor, which said commissioner is already authorized to make by law.

      Sec. 12.  The commissioner of food and drugs, or his duly authorized agent or agents, shall have access at any time to any hotel in this state for the purpose of making inspections and carrying out the provisions of this act.

      Sec. 13.  This act shall be in full force and effect on and after January 1, 1916.

 

 

Towels must be provided

 

 

 

Disinfection of sewers, etc.

 

 

 

 

Penalty

 

 

 

 

 

 

Food and drug commissioner to enforce this act

 

 

 

Inspection at any time

 

 

In effect

 

________

 

CHAPTER 137

Chap. 137–An Act to provide for submitting local and special legislation for approval by the qualified electors of any county of the State of Nevada in accordance with the referendum provisions of the constitution.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever 10 per centum or more of the voters of any county of this state, as shown by the number of votes cast at the last preceding general election for county recorder, shall express their wish that any law or resolution made by the legislature, and pertaining to such county only, be submitted to the vote of the people; they shall file with the county clerk of said county, not less than four months before the time set for such election, a petition, which petition shall contain the names and residences of at least 10 per centum of the voters of such county, demanding that a referendum vote be had by the people of said county at the next general election or at any election called for such purpose, upon the question of any law or resolution made by the legislature, and pertaining to such county only, on which the referendum is demanded.

 


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

κ1915 Statutes of Nevada, Page 158 (CHAPTER 137)κ

 

Referendum vote for counties in regard to special legislation

 

Petition-10 per cent of voters

 

 

 

Requirements of petition

 

 

 

 

Duties of county clerk

 

 

 

 

 

 

 

 

Question on ballot

 

 

 

 

 

Form of question

 

 

 

Majority vote confirms such law or resolution

cast at the last preceding general election for county recorder, shall express their wish that any law or resolution made by the legislature, and pertaining to such county only, be submitted to the vote of the people; they shall file with the county clerk of said county, not less than four months before the time set for such election, a petition, which petition shall contain the names and residences of at least 10 per centum of the voters of such county, demanding that a referendum vote be had by the people of said county at the next general election or at any election called for such purpose, upon the question of any law or resolution made by the legislature, and pertaining to such county only, on which the referendum is demanded.

      Sec. 2.  The names of the electors so petitioning need not be all upon one petition, but may be contained on one or more petitions; but said 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 said county and state, and that such signatures are genuine and were executed in his or her presence.

      Sec. 3.  That upon receipt of said petition by the county clerk he shall file the same and at the next general election, or at the election called for such purpose, shall submit the question of the approval or disapproval of said law or resolution made by the legislature, and pertaining to such county only, to the people of such county to be voted upon at the next ensuing general election, or at the election called for such purpose, and the county clerk shall publish such question of law or resolution, in accordance with the provisions of law requiring the several county clerks in this state to publish questions and constitutional amendments which are to be submitted for popular vote.

      Sec. 4.  The subject-matter of such question of law or resolution made by the legislature, and pertaining to such county only, shall be concisely stated 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?

{

Yes ....

No ......

 

The votes cast upon such question shall be counted and canvassed as the votes for county officers are counted and canvassed.

      Sec. 5.  When a majority of the electors of such county voting upon the question submitted shall by their vote signify approval of such law or resolution, such law or resolution shall stand as the law of the state, and shall not be overruled, annulled, set aside, or in any way made inoperative, except by direct vote of such county. When a majority of the electors of such county shall so signify disapproval, the law or resolution so disapproved shall be void and of no effect.

      Sec. 6.  After the filing of a referendum petition with the county clerk as herein provided, upon petition to the county commissioners of such county so to do, signed by 40 per centum of the qualified electors of such county, as shown by the number of votes cast at the last preceding general election for county recorder, duly verified as provided herein, the board of county commissioners shall call a special election for the purpose of submitting such question to the electors of such county to be held within forty days after the petition requesting a special election shall have been filed with said board.


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

κ1915 Statutes of Nevada, Page 159 (CHAPTER 137)κ

 

county clerk as herein provided, upon petition to the county commissioners of such county so to do, signed by 40 per centum of the qualified electors of such county, as shown by the number of votes cast at the last preceding general election for county recorder, duly verified as provided herein, the board of county commissioners shall call a special election for the purpose of submitting such question to the electors of such county to be held within forty days after the petition requesting a special election shall have been filed with said board.

Petition of 40 per cent of voters calls special election

 

________

 

CHAPTER 138

Chap. 138–An Act authorizing the attorney-general of the State of Nevada, with the consent of the governor of Nevada, to commence and maintain certain actions in the supreme court of the United States, or in any court having jurisdiction thereof.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The attorney-general of the State of Nevada, with the consent of the governor, is hereby authorized to commence and maintain, or defend, in the supreme court of the United States, or in any court having jurisdiction of the action, in the name of the State of Nevada, or otherwise, such proceedings at law or in equity as in his judgment may be necessary or expedient for the purpose of establishing and determining the rights of the State of Nevada, or the residents thereof, in and to the waters of all interstate streams located partly in the State of Nevada, where such waters, or part thereof, are claimed by any other state or the citizens thereof.

      Sec. 2.  The attorney-general of the State of Nevada, in the name of the state, is likewise authorized to intervene in any action or proceeding at law or in equity, which may now or hereafter be pending, when it is necessary or incident for the purpose of establishing and determining the rights of the State of Nevada or the residents thereof in and to the waters of all interstate streams located partly in Nevada, where such waters or a part thereof are claimed by any other state or the citizens thereof; provided, however, that the attorney-general shall not obligate the state in any intervention for any costs or expenses.

 

 

 

 

 

 

 

 

 

 

Attorney-general to maintain certain water suits in name of state

 

 

 

 

 

 

May intervene, when

 

________

 

 


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

κ1915 Statutes of Nevada, Page 160κ

CHAPTER 139

 

 

 

 

 

 

 

 

 

 

 

 

Bonds for grade school building for Winnemucca

 

 

 

 

 

Denomination of bonds

 

Interest limited

 

 

 

 

 

 

 

 

Negotiation of bonds

 

Sealed bids

Chap. 139–An Act to authorize the board of school trustees of Winnemucca school district No. 7, Humboldt County, State of Nevada, to issue bonds for the purpose of purchasing a site for a school building in the town of Winnemucca, and for constructing a school building on the said site, or for purchasing any school building now situated on said site, and for equipping and furnishing said building, and other matters properly connected therewith.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of school trustees of Winnemucca school district No. 7, county of Humboldt, State of Nevada, is hereby authorized, empowered, and directed to prepare and issue bonds of said school district for an amount not to exceed the sum of twenty thousand ($20,000) dollars, exclusive of interest, for the purpose of providing funds for the purchase of a site for a school building in the town of Winnemucca, and for constructing a school building on the said site, or purchasing any school building now situated thereon, and for equipping and furnishing the said building.

      Sec. 2.  The bonds authorized under the provisions of section 1 of this act shall be issued in the sum of five hundred ($500) dollars each, and shall bear interest at a rate not to exceed six per cent (6%) per annum, and shall be made payable in gold coin of the United States, and the interest thereon shall be payable in like gold coin. Said bonds shall be numbered consecutively from 1 to 40, inclusive, and shall be signed by the president and clerk of the said board of school trustees, and countersigned by the treasurer of Humboldt County. Coupons for interest shall be attached to each bond so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the president and clerk of said board of school trustees and by the county treasurer.

      Sec. 3.  The board of school trustees of said Winnemucca school district No. 7 are hereby authorized to negotiate the sale of said bonds by causing a notice of the sale of said bonds to be published once a week for three consecutive weeks in a newspaper published in said district, inviting sealed bids for the purchase of said bonds, and at the date fixed in the notices of said sale the said board may sell said bonds to the highest and best bidder for cash. If no bids therefor are received, then the said board of school trustees may sell the said bonds at private sale; provided, that in no case shall the said bonds be sold for less than their par value.

      Sec. 4.  All moneys received from the sale of said bonds shall be paid to the county treasurer of Humboldt County and the said county treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Winnemucca School District No. 7 Grade Building Fund,”


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

κ1915 Statutes of Nevada, Page 161 (CHAPTER 139)κ

 

the said county treasurer is hereby required to receive and safely keep the same in a fund to be known as the “Winnemucca School District No. 7 Grade Building Fund,” and to pay out said moneys only on warrants of the county auditor issued upon order of the school trustees, and with the restrictions imposed by law on the treasurer in paying out county school moneys. The county treasurer shall be liable on his official bond for the safe keeping of such moneys that shall come into his charge. The school board of trustees is hereby authorized and directed to use the said moneys arising from the sale of said bonds, or such amount as may be necessary, to purchase a site for a school building in the town of Winnemucca, and to erect, construct, equip, and furnish a school building on said site, or for the purchase of any building now situated on said site, and to equip and furnish the same.

      Sec. 5.  Said board shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of the said building and let the construction thereof in a contract to the lowest and most responsible bidder. The laws now in force governing the letting of contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the board of school trustees in carrying out the provisions of this act; provided, that no contract shall be let nor bills for construction be paid until the plans and specifications for the said building shall have been approved by the superintendent of public instruction.

      Sec. 6.  For the purpose of creating a fund for the payment of said bonds and the interest thereon, as authorized by this act, the board of county commissioners of Humboldt County is hereby authorized and required, at the time of making the annual levy of taxes for state and county purposes for the year 1915, and annually thereafter, to levy a sufficient tax on all property, both real and personal, including the proceeds of mines, within the boundaries of said school district, to redeem two of said bonds each year, and the payment each year of the accumulated interest on all the bonds authorized by this act. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, and shall be paid into the county treasury and set apart as a fund, which is hereby created, to be known as the “Winnemucca School District No. 7 Grade Bond Redemption and Interest Fund.”

      Sec. 7.  On the first Monday in July, 1916, and every year thereafter, two of said bonds, together with interest thereon and the accumulated interest on all the unredeemed bonds, shall be paid. The payment and redemption of said bonds shall be in order of issuance, the lowest numbered bond to be paid first and redeemed, and so on, until the whole amount of said bonds issued under the provisions of this act shall have been paid and redeemed.

 

“Winnemucca School District No. 7 Grade Building Fund”

 

 

 

 

 

 

 

Trustees to determine character of building

 

 

 

 

 

 

 

 

Tax for payment of bonds and interest

 

 

 

 

 

 

 

 

 

 

Redemption of bonds


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

κ1915 Statutes of Nevada, Page 162 (CHAPTER 139)κ

 

 

 

 

Interest ceases, when

 

Duties of county treasurer

 

 

 

 

 

 

Tax ceases, when

 

 

Faith of state pledged

been paid and redeemed. Coupons shall be paid annually, and in no case shall any of said bonds run for a longer period than twenty years.

      Sec. 8.  Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall immediately cease.

      Sec. 9.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act he shall cancel the same by writing across the face thereof “Paid,” together with the date, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. All bonds authorized under the provisions of this act shall be payable at the office of the county treasurer of Humboldt County, Nevada.

      Sec. 10.  Whenever the bonds and interest provided by this act shall have been fully paid, the taxes authorized by this act shall cease, and all money remaining in the fund shall be transferred to the county school fund of Winnemucca school district No. 7.

      Sec. 11.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof shall have been paid in full, as by this act specified.

 

________

 

CHAPTER 140

 

 

 

 

 

 

 

 

 

 

 

 

Franchise for electric plant at Battle Mountain granted H. C. Christensen and H. R. Lemaire

Chap. 140–An Act granting a franchise to H. C. Christensen and H. R. Lemaire, their heirs and assigns, to construct, maintain and operate a plant and distributing system for generating electricity, or electrical or other power, and distributing the same, and to construct, maintain, and operate an electric-light, heat, and power line, and a telephone line in connection therewith, in Lander County.

 

[Approved March 15, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  The right to locate, construct, maintain, and operate a plant and distributing system at Battle Mountain, in Lander County, State of Nevada, for generating electricity, or electrical or other power, and distributing the same, and the right to locate, construct, maintain, and operate an electric line or lines for the transmission of electricity for lighting, heating, and power purposes, and a telephone line in connection therewith, together with a right of way therefor, over and along such route or routes, in Lander County, as may be deemed most feasible and advantageous, for a period of twenty-five years, is hereby granted to H. C. Christensen and H. R. Lemaire, their heirs and assigns, together with the right and franchise to build, construct,


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

κ1915 Statutes of Nevada, Page 163 (CHAPTER 140)κ

 

to build, construct, and maintain said line or lines, along, across, and under any of the public roads and highways, streets, and alleys of said county and town; provided, that said line or lines shall be so constructed and maintained along, across, and under such roads and highways, streets and alleys, as not to obstruct the natural and proper use of such highways, roads, streets, and alleys; and provided further, that at any time any person who may be engaged in the removal of houses or buildings and desires the lines of the owners of said franchise removed so they can pass the said houses or buildings under said lines, upon giving reasonable notice to said owners, they shall so arrange the wires of said line or lines so as to allow the passage of said houses or buildings thereunder.

      Sec. 2.  The construction of said plant, distributing system, and line or lines shall be commenced within one year from the passage of this act, and completed with all reasonable diligence, act of God or public enemy excepted.

 

Proviso

 

 

 

 

 

 

 

 

Must be begun within one year

 

________

 

CHAPTER 141

Chap. 141–An Act to amend an act entitled “An act to amend section seven of an act entitled an act to redistrict the State of Nevada, prescribe the number and salaries of district judges, and fix the places of holding courts,” approved March 5, 1907, the same being section 4907 of the Revised Laws of Nevada, 1912.

 

[Approved March 16, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of said act is hereby amended to read as follows:

      Section 7.  In addition to the salary provided by law, each district judge shall be entitled to receive his necessary expenses in going to and returning from the place of holding court, his traveling expenses when traveling by private conveyance to be estimated at the usual amounts charged by public conveyance, and also his necessary expenses at the place of holding court when holding court in any county other than that of his residence, said expenses to be allowed and paid as other claims against the state, but in no case shall such expenses exceed the amount of one thousand ($1,000) dollars per annum for each judge; provided, that in all judicial districts of the State of Nevada comprising more than two counties the district judge or judges thereof shall, in addition to the salary provided by law, be entitled to and shall receive the sum of two thousand ($2,000) dollars per annum, which said sum shall be in full for all his or their expenses in going to and returning from the place of holding court, his or their traveling expenses when traveling by public or private conveyance, and also his or their expenses at the place of holding court when holding court in any county other than that of his or their residence, which said sum of two thousand ($2,000) dollars shall be paid as other claims against the state and in twelve equal monthly installments.

 

 

 

 

 

 

 

 

 

 

 

 

District judges of districts comprising more than one county allowed additional expense money


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

κ1915 Statutes of Nevada, Page 164 (CHAPTER 141)κ

 

 

also his or their expenses at the place of holding court when holding court in any county other than that of his or their residence, which said sum of two thousand ($2,000) dollars shall be paid as other claims against the state and in twelve equal monthly installments.

 

________

 

CHAPTER 142

 

 

 

 

 

 

 

 

 

 

 

Regarding bill of exceptions

 

 

 

 

 

 

 

Exceptions, how taken

 

 

 

 

 

Objections to allowance of bill of exceptions, how made

Chap. 142–An Act supplemental to and to amend an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all acts in relation thereto,” approved March 17, 1911.

 

[Approved March 16, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any party to an action or special proceeding may, after the filing of the complaint, and before trial, object and except to any ruling, decision, or order made in such action or special proceeding, and, within ten (10) days after such objection and exception, serve and file a bill of exceptions thereto, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation of the parties, by attaching thereto or inserting therein a certificate to the effect that such bill of exceptions is correct and has been settled and allowed; and when such bill of exceptions has been so settled and allowed, it shall be and become a part of the record of such action or special proceeding.

      Sec. 2.  Any party to an action or special proceeding from the time said action or proceeding is called for trial, and until including final judgment has been entered therein, may object and except to any ruling, decision, or order of the court or judge made therein, and, within twenty (20) days after such objection and exception, serve and file a bill of exceptions to such ruling, decision, or action of the court, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation of the parties, as in the preceding section provided, and when so settled and allowed shall be and become a part of the record of said action or proceeding.

      Sec. 3.  Any adverse party may object to the allowance and settlement of any bill of exceptions herein provided for within five (5) days after the service of the same, by serving upon the opposite party and filing in said court a statement specifically pointing out wherein said bill does not state the true facts, or wherein the same omits any material fact necessary to explain or make clear any ruling, decision, or action of the court. Such objection shall be heard and determined by the court within five (5) days thereafter, and upon such hearing the court shall designate in what respect said bill is incorrect or untrue, or fails or omits to state the true facts, and shall order and direct that such bill be corrected in accordance with said determination, and engrossed so as to contain the true facts as herein required, and when so engrossed said bill shall be allowed and settled as in this act provided, and when so settled shall become and be a part of the record of said action.


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

κ1915 Statutes of Nevada, Page 165 (CHAPTER 142)κ

 

and direct that such bill be corrected in accordance with said determination, and engrossed so as to contain the true facts as herein required, and when so engrossed said bill shall be allowed and settled as in this act provided, and when so settled shall become and be a part of the record of said action. If the objections of the adverse party are disallowed, then such bill as originally filed shall be immediately settled and allowed as by this act required.

      Sec. 4.  All bills of exceptions required by the provisions hereof shall be typewritten, paged, and the lines of each page numbered; and where more than one bill of exception is filed in the same action or proceeding each bill shall be consecutively numbered. The service of all bills of exception and objections thereto shall be by copy.

      Sec. 5.  In all cases where an official reporter is appointed by the court, under authority of law, or by agreement of the parties, a transcription of the shorthand report of the proceedings in any action or special proceeding, when certified by said reporter to be a full, true, and correct transcription of such proceedings, may, at the option of any party, be submitted to the court for allowance and settlement, as the bill of exceptions required under the provisions of this act, and the court or judge shall thereupon attach the certificate as herein provided, whereupon such bill of exceptions shall be and become a part of the record.

      Sec. 6.  Bills of exception to any action, decision, ruling, or order of the court, after final judgment, shall be prepared, served, allowed, and settled in the manner and within the time specified in section 1 of this act.

      Sec. 7.  Bills of exceptions provided for by section 2 of this act may be prepared, served, and filed within twenty (20) days after a motion for a new trial has been determined by the court, and all errors relied upon which may have occurred at the trial, or which may be alleged against the findings, or exceptions to the findings as made, and all errors based upon any ground for a new trial, may be included therein, and all such errors may be reviewed by the supreme court on appeal from the judgment or order denying the motion for a new trial.

      Sec. 8.  When the action, decision, ruling, or order excepted to was made by a referee or any judicial officer other than a judge, the bill of exceptions shall be filed, served, and presented to said referee or judicial officer, and be settled, allowed, and certified by him in the same manner and within the same time as other bills of exception are required to be presented to, settled, and certified by the judge or court. A judge, referee, or judicial officer may settle, allow, and certify to a bill of exceptions after he ceases to be such judge, referee, or judicial officer, and if such judge, referee, or judicial officer, before the bill of exceptions is settled, dies, is removed from office, becomes disqualified, is absent from the state, or refuses to settle and allow any bill, or if no method is provided by law for the settlement of the same, it shall be settled and certified in such manner as the supreme court may by its order or rules direct.

 

 

 

 

 

 

All must be typewritten, paged, etc.

 

 

 

Shorthand report, how certified

 

 

 

 

 

Service of bill of exceptions

 

Same

 

 

 

 

 

 

 

 

How settled


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

κ1915 Statutes of Nevada, Page 166 (CHAPTER 142)κ

 

 

 

 

 

Rights waived, when

 

 

Time may be enlarged

 

 

Bill of exceptions annexed to judgment roll

 

 

 

 

Last section not to apply, when

 

 

 

Time for serving assignment of errors

 

 

 

 

 

 

Original exhibits sent up, when

 

 

 

Certain sections repealed

allow any bill, or if no method is provided by law for the settlement of the same, it shall be settled and certified in such manner as the supreme court may by its order or rules direct.

      Sec. 9.  If a party shall omit or fail to serve and file his bill of exceptions within the time limited he shall be deemed to have waived his right thereto, and if a party shall omit to make objections as required to such bill of exceptions within the time limited he shall be deemed to have waived his right thereto.

      Sec. 10.  The several periods of time above specified may be enlarged, upon good cause, by the court, judge, referee, or judicial officer, or by stipulation of the parties.

      Sec. 11.  The original bills of exceptions herein provided for, together with a notice of appeal and the undertaking on appeal, shall be annexed to a copy of the judgment roll, certified by the clerk or by the parties, if the appeal be from the judgment; if the appeal be from an order, such original bill shall be annexed to such order, and the same shall be and become the record on appeal when filed in the supreme court. A party may appeal upon the judgment roll alone, in which case only such errors can be considered as appear upon the face of the judgment roll.

      Sec. 12.  The provisions of the last preceding section shall not apply to appeals taken from an order made upon affidavits, but certified copy of such affidavits and counter-affidavits, if any, shall be annexed to the order in place of the bill of exceptions mentioned in the last section.

      Sec. 13.  Within twenty (20) days after any appeal has been taken from any order or judgment, the party or parties appealing shall serve the adverse parties and file with the clerk of the supreme court an assignment of errors, which assignment shall designate generally each separate error, specifying the page and lines of the record wherein the same may be found. Any error not assigned shall not be considered by the supreme court. If the party fails to file such assignment within the time limited no error shall be considered by the supreme court. The assignment of errors herein provided for shall be typewritten, paged, and the lines numbered, and the appellant shall furnish three copies thereof for filing in the supreme court.

      Sec. 14.  Where it is not practicable to embody an exhibit in the bill of exceptions, then the original exhibit, certified to by the clerk or by the parties, may be sent to the supreme court, together with the record as hereinabove specified, and such original exhibits shall be and become a part of the record upon appeal in said court.

      Sec. 15.  Sections 389, 390, 391, 392, 393, 394, 395, 396, and 397 of the above-entitled act, and all provisions of law in conflict herewith, are hereby repealed; but nothing contained herein shall affect or invalidate any proceedings already had in any action or special proceeding now pending, but said action or proceeding may be finally heard and determined upon the record made under the existing law.


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

κ1915 Statutes of Nevada, Page 167 (CHAPTER 142)κ

 

action or proceeding may be finally heard and determined upon the record made under the existing law.

 

 

________

 

CHAPTER 143

Chap. 143–An Act to amend sections 4 and 8 of an act entitled “An act concerning juries,” approved March 5, 1873, and as amended and approved March 14, 1879, and February 8, 1881, being sections 4930 and 4931 of the Revised Laws of Nevada, 1912.

 

[Approved March 16, 1915]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act is hereby amended so as to read as follows:

      Section 4.  To constitute the regular panel of trial jurors for any term of the district court such number of names as the judge may direct shall be drawn from the jury-box. The regular panel of trial jurors may be drawn before the commencement of the term of court, and, if so drawn, the judge thereof must make and file with the county clerk an order that one be drawn, and the number of jurors to be drawn must be named in the order. The drawing shall take place in the office of the county clerk, during regular office hours, in the presence of all persons who may choose to witness it. If the panel be drawn before the commencement of the term it shall be drawn by the judge and clerk, or, if the judge so directs, by any one of the county commissioners of the county and the clerk, and if the judge directs that the panel be drawn by one of the county commissioners of the county and the clerk, the judge must make and file with the clerk an order designating the name of such county commissioner, and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are so drawn shall be required to attend in court. The drawing shall be conducted as follows:

      The number to be drawn having been previously determined by the judge, the box containing the names of the jurors shall first be thoroughly shaken; it shall then be opened and the judge and clerk, or one of the county commissioners of the county and the clerk, if the judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained; provided, that if the officers drawing such jury deem that the attendance of any juror whose name is so drawn cannot be conveniently and cheaply to the county obtained, by reason of the distance of the residence of such juror from the court or other cause, his name may, in the discretion of such officers, be returned to the box and in its place the name of another juror drawn whose attendance said officers may deem can be conveniently and cheaply to the county obtained.

 

 

 

 

 

 

 

 

 

 

 

 

How panel of trial jurors, constituted

 

 

 

 

 

 

 

 

 

 

 

 

 

Manner of drawing names


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

κ1915 Statutes of Nevada, Page 168 (CHAPTER 143)κ

 

 

 

 

 

 

Summons

 

 

 

 

 

 

 

 

 

 

Judge and one county commissioner to select grand jury; proviso

 

 

 

 

 

 

 

 

 

 

 

 

Clerk to issue venire

cheaply to the county obtained. A list of the names so obtained shall be made out and certified by the officers drawing the jury, which list shall remain in the clerk’s office subject to inspection by any officer or attorney of the court, and the clerk shall immediately issue a venire. Any person named in such venire who resides elsewhere than at the place at which the court is held, shall be served by the sheriff mailing a summons to such person, commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the postoffice, addressed to such person, at his usual postoffice address. And the receipt of the person so addressed for such registered summons shall be regarded as personal service of such summons upon such person, and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county, and the sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire shall be subject to inspection by any officer or attorney of the court.

      Sec. 2.  Section 8 of the above-entitled act is hereby amended so as to read as follows:

      Section 8.  It shall be the duty of the district judge and any one of the county commissioners of the county, at least once in each year and as much oftener as the public interest may require, to select from the jury-list twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order; provided, that if the district judge deems proper he may direct any one of the county commissioners of the county and the clerk to select the grand jurors, and such county commissioner and clerk, if the judge so directs, shall select from the jury-list twenty-four persons as grand jurors. If the judge directs the grand jurors to be selected by one of the county commissioners of the county and the clerk, the judge must make and file with the clerk an order designating the name of such county commissioner, and the judge shall in said order fix the time during the term of court when said grand jurors shall be required to appear; and if from any cause such county commissioner and clerk should fail to select the grand jurors, the judge and any one of the county commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and be filed in the clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected from the jury-list by the judge and clerk and summoned to appear in court at such time as the court may direct.


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κ1915 Statutes of Nevada, Page 169 (CHAPTER 143)κ

 

an additional number, sufficient to complete the grand jury, shall be selected from the jury-list by the judge and clerk and summoned to appear in court at such time as the court may direct. Any person named in such venire, who resides elsewhere than at the place at which the court is held, shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the postoffice, addressed to such person at his usual postoffice address. And the receipt of the person so addressed for such registered summons shall be regarded as personal service of such summons upon such person and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county.

      Sec. 3.  All acts and parts of acts in so far only as they conflict with the provisions of this act are hereby repealed.

 

 

 

Service may be made by mail

 

 

 

 

 

 

 

Repeal

 

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CHAPTER 144

Chap. 144–An Act to authorize the board of county commissioners of White Pine County, State of Nevada, to issue bonds for the purpose of building and furnishing a schoolhouse in Preston school district, and matters properly relating thereto.

 

[Approved March 16, 1915]

 

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, empowered, and directed to prepare and issue bonds of said county, such bonds to be issued on or before the first day of February, 1916, for an amount not to exceed the sum of three thousand ($3,000) dollars, exclusive of interest, for the purpose of providing funds for the construction of a schoolhouse in the town of Preston in said county (upon a site to be chosen by the board of school trustees of Preston school district), and for equipping and furnishing said building.

      Sec. 2.  The board of county commissioners of said White Pine County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by the seal of the county; coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered, and signed by the chairman of said board and the county treasurer.

      Sec. 3.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

 

 

 

 

 

 

 

 

 

 

 

Bonds for schoolhouse in Preston

 

 

 

 

 

Description of bonds

 

 

 

 

 

Record to be kept


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κ1915 Statutes of Nevada, Page 170 (CHAPTER 144)κ

 

 

 

Negotiation of bonds

 

 

 

 

 

Denomination of bonds

 

 

 

 

 

“Preston School District Fund”

 

 

Trustees to construct and equip schoolhouse

 

 

 

 

 

 

Trustees to award contract

 

 

 

 

 

 

Proviso

this act, showing the number and date of each bond and to whom issued.

      Sec. 4.  The board of county commissioners of White Pine County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 5.  Said bonds shall be each for the sum of three hundred ($300) dollars. They shall be numbered consecutively from one to ten, and the interest on the same shall not exceed six per cent per annum payable annually on the first Monday in July of each year, at the office of the county treasurer of said White Pine County, and shall be redeemable at the rate of one each year.

      Sec. 6.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as “Preston School District Fund,” and to pay out said moneys only in the manner now provided by law and for the purposes for which the same were received.

      Sec. 7.  The board of trustees of Preston school district is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary, for the construction, equipment, and furnishing of a school building in the Preston school district, and any balance remaining in said fund, after the completion, equipment, and furnishing of said building, shall be turned over and converted into the proper fund provided for running and maintaining said school, in accordance with and pursuant to the provisions of law pertaining to the establishment of schools in the various counties of this state.

      Sec. 8.  Said board of trustees of Preston school district shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and when such determination is made, said board shall advertise for bids for the construction of said school building, and let the construction thereof by contract to the lowest and most responsible bidder. The laws in force governing contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the board of trustees of Preston school district in carrying out the provisions of this act. All demands and bills contracted by said board of trustees shall be paid in the manner now provided by law; provided, that no such bills shall be allowed until the plans for said school building shall have been approved by the state superintendent of public instruction.

 

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