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 Preston school district shall proceed to select an appropriate site for said school building in the town of Preston, 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 Preston 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 “Preston School District Fund”; provided, however, that if the amount of the tax levied upon the property within said Preston 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 Preston 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.

      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 Preston school district.

To select site

Treasurer responsible

Special tax in district

Special tax in county, when

Interest must be paid

Tax to cease, when

Redemption of bonds

Interest ceases, when

Faith of state pledged

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 Preston 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 said 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.

Juror failing to appear, name drawn again

Certain exemptions

Chap. 145–An Act to amend section three of an act entitled “An act regulating the manner of drawing juries in the district courts of this state,” approved February 20, 1885.

[Approved March 16, 1915]

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

Assembly, do enact as follows:

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

      Section 3.  When a juror drawn is not summoned or fails to appear, or after appearing is excused by the judge from serving, his name shall be returned to the box to be drawn again. The board of commissioners shall not select the name of any person whose name was selected the previous year, and who actually served on the jury by attending in court in response to the venire from day to day until excused from further attendance by order of the court, unless there be not enough other suitable jurors in the county to do the required jury duty.

Chap. 146–An Act to regulate the fees of the county clerk of Humboldt County, State of Nevada, and to repeal all other acts and parts of acts in conflict therewith.

[Approved March 16, 1915]

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

Assembly, do enact as follows:

      Section 1.  The county clerk of Humboldt County, State of Nevada, as county clerk and ex officio clerk of the district court of the Sixth judicial district of the State of Nevada, in and for Humboldt County, shall, from and after the passage of this act, charge and collect the following fees in civil, probate, and guardianship proceedings; provided, that said clerk shall neither charge nor collect, any fees for services by him rendered to the State of Nevada, or to the county of Humboldt:

      On the commencement of any action or proceedings in the district court, except probate proceedings, to be paid by the party commencing such action or proceeding, seven dollars; said fee to be paid in addition to the court fee of three dollars now provided by law.

      On an appeal to the district court, to be paid by the party taking such appeal, seven dollars; said fee to be paid in addition to the court fee of one dollar now provided by law.

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars.

      For every additional defendant, or intervener, appearing separately, two dollars and fifty cents.

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

      On the filing of a petition for letters testamentary, or of administration, or guardianship, eight dollars and fifty cents, to be paid by the petitioner; provided, that at the time of filing the inventory and appraisement in any such proceedings there shall be an additional deposit of fifty cents for each additional one thousand dollars of the appraised value in excess of two thousand dollars; said fee to be paid in addition to the court fee of one dollar and fifty cents now provided for by law.

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

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

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

Fees of clerk of Humboldt County

Fees specified

Repeal

and charges as were provided by law at the time such action or proceeding was begun or act performed.

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

Mortgage deemed interest in real or personal property

Proviso

Chap. 147–An Act to amend section 1 of an act entitled “An act supplementary to an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada, and repealing certain acts relating thereto,’ approved March 23, 1891,” approved April 1, 1913.

[Approved March 16, 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 supplementary to an act entitled ‘An act to provide revenue for the support of the government of the State of Nevada, and repealing certain acts relating thereto,’ approved March 23, 1891,” approved April 1, 1913, is hereby amended to read as follows:

      Section 1.  A mortgage, deed of trust, contract, or other obligation by which a debt is secured and which is a lien or incumbrance on real or personal property shall, for the purposes of assessment and taxation, be deemed, considered, and treated as an interest in said real or personal property thereby affected, except as to railroads and other quasi-public corporations, and the several assessors, in their respective counties in the state shall, in assessing and fixing the value of the real or personal property affected by any such mortgage or other instrument herein mentioned, treat, consider, and deem such instrument as an interest in the real or personal property, and the assessment of the real or personal property affected thereby for the purpose of taxation shall be deemed and taken as the assessment of such mortgage or other instrument; provided, that in no case shall the valuation for taxation fixed exceed the value of said property.

Chap. 148–An Act to amend section 2 of an act entitled “An act regulating the assessment and taxation of banks, and of the shares of stock therein,” approved March 20, 1907.

[Approved March 16, 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 regulating the assessment and taxation of banks and of the shares of stock therein,” approved March 20, 1907, is hereby amended to read as follows:

      Section 2.  All shares of stock in banks, whether of issue or not,

not, existing by authority of the United States, or of the State of Nevada, or of any other state, territory, or foreign government, and located within the State of Nevada, shall be assessed to the owners thereof in the county, city, town, or district where such banks are located, and not elsewhere, in the assessment of all state, county, town, or special taxes, imposed and levied in such place, whether such owner is a resident of said county, city, town, or district, or not. All such shares shall be assessed at their full cash value on the first day of May, first deducting therefrom the proportionate value of the real estate belonging to the bank and the amount or value of such mortgages or trust deeds owned by the bank and on which the bank has paid the taxes or authorized the assessment thereof in its name, at the same rate and no greater than that at which other moneyed capital in the hands of citizens and subject to taxation is by law assessed. And the persons or corporations who appear from the records of the banks to be the owners of shares at the close of the business day next preceding the first day of May in each year shall be taken and deemed to be the owners thereof for the purposes of this section.

Shares of bank stock assessed at full cash value

Who deemed owners

Chap. 149–An Act to provide for the union of certain school districts for the purpose of securing instruction in manual training and domestic science, and matters properly related thereto.

[Approved March 16, 1915]

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

Assembly, do enact as follows:

      Section 1.  Any group of not to exceed six school districts in the state may form an industrial school union for the purpose of giving instruction in manual training or domestic science, or both manual training and domestic science. Such industrial school union shall be organized in the following manner: Whenever each of the boards of trustees of any number of school districts not exceeding six shall certify to the county commissioners of any county that by a resolution passed at a regularly called meeting of such board it was ordered that the school district become a part of ………. industrial school union, it shall be the duty of the county commissioners to designate such districts as constituting the ……… industrial school union. If the trustees of more than six such school districts shall certify to the commissioners that they desire to join such industrial school union, the county commissioners shall decide which six districts of those applying shall constitute the industrial school union.

      Sec. 2.  Whenever any industrial school union shall be thus organized by the county commissioners, the board of trustees of each of the districts constituting such industrial school union shall elect one of its members to become a member of the board of directors of the industrial school union, and the board of directors thus constituted shall have power, and it shall be their duty:

Industrial school union, how formed

Directors of said school union

Powers of duties of directors

Trustees to decide regarding subjects taught

Tools, etc., must be provided

of directors of the industrial school union, and the board of directors thus constituted shall have power, and it shall be their duty:

      1.  To meet at some place agreed upon by a majority of the board of directors on the second Saturday following the organization of the industrial school union by the county commissioners, at which meeting they shall elect a president and secretary of the board, and adopt such rules of procedure as they shall deem necessary.

      2.  To designate a time at which they will elect a teacher of manual training and domestic science for the industrial school union, and determine the salary to be paid.

      3.  To determine the amount of money each district constituting the industrial school union shall raise and contribute toward the salary of the manual training and domestic science teacher. The amounts to be raised by such districts shall be proportional to the property valuations of the several districts constituting the industrial school union.

      4.  To certify to the county commissioners the amount of money to be raised by each of the districts constituting the industrial school union, and it shall be the duty of the county commissioners to levy and cause to be collected in each of the districts constituting the industrial school union a special tax sufficient to raise the amount of money determined by the board of directors as the necessary amount to be raised by such district. Such taxes shall be levied, equalized, and collected in the same manner as other school district taxes are levied, equalized, and collected, and the money thus paid to the county treasurer shall constitute the teachers’ salary fund of …………. industrial school union, and shall be used for no other purpose than for paying the salary of the manual training and domestic science teacher of that industrial school union.

      5.  To make rules and regulations governing the schedule of time the manual training and domestic science teacher shall give to each district constituting the industrial school union.

      Sec. 3.  It shall be the duty of the board of trustees of each of the districts constituting the industrial school union to decide whether manual training or domestic science, or both such subjects, shall be taught in such district, and to provide a suitable room in which the same shall be taught, and to equip such room with sufficient tools, apparatus, and material for the proper instruction in the subject selected.

      Sec. 4.  If any district constituting the industrial school union shall fail to provide the necessary tools, apparatus, or material for the proper instruction in the subjects selected as provided in section 3 of this act, the board of directors shall authorize the manual training and domestic science teacher to purchase such necessary tools, apparatus, or material, and upon presentation of the bill for such supplies the board of directors shall order the county auditor to pay the same from the county school fund of the delinquent district, and the county auditor and the county treasurer shall pay such order in the same manner as other school orders are paid; provided, that no such purchases by the manual training and domestic science teacher shall exceed in value one hundred fifty dollars.

and the county treasurer shall pay such order in the same manner as other school orders are paid; provided, that no such purchases by the manual training and domestic science teacher shall exceed in value one hundred fifty dollars.

      Sec. 5.  Meetings of the board of directors of the industrial school union shall be held at the call of the president, or at the request of any two members of the board. Such meetings shall be governed by the same rules governing other school boards of the state; provided, that a quorum for the transaction of business shall consist of not less than half of all the members of the board, except that the president and secretary may make legal orders for the salary of the teacher; and provided further, that members of the board of directors may vote by written proxy upon all questions except those involving teachers’ contracts or change of schedule of the teacher.

      Sec. 6.  The industrial school union shall be under the same laws, rules, and regulations as the public schools of the state in so far as such laws, rules, and regulations are not in conflict with the provisions of this act.

      Sec. 7.  The organization of the industrial school union shall remain undissolved for a period of two years from the thirtieth of June following the organization of the industrial school union by the county commissioners. At the end of the aforesaid two-year period the county commissioners shall renew the organization of the union upon receipt of the same kind of certified statements as provided in section 1 of this act.

      Sec. 8.  All acts or parts of acts in conflict with this act are hereby repealed.

Proviso

Meetings of directors

Quorum

Proxies, when

School law to govern

Organization undissolved for two years

Repeal

Chap. 150–An Act to regulate the salaries of certain county officials of Clark County.

[Approved March 16, 1915]

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

Assembly, do enact as follows:

      Section 1.  From and after April 1, 1915, the sheriff of Clark County shall receive a salary of twenty-four hundred ($2,400) dollars per annum, payable in twelve equal installments of two hundred ($200) dollars each month, and such commissions as are now allowed by law, not to exceed in the aggregate the total compensation of three thousand dollars per annum, including actual traveling expenses necessarily incurred in civil and criminal cases when it becomes necessary to travel a greater distance than ten miles from the county-seat. He shall appoint a deputy sheriff, who shall also act as jailer, at a compensation not to exceed one hundred and twenty-five ($125) dollars per month. The sheriff may, subject to the approval of the board of county commissioners, appoint necessary deputy sheriffs at a compensation not exceeding one hundred dollars each per month, each of said so appointed deputy sheriffs to give such bond as may be required by the sheriff, or by the board of county commissioners.

Salaries of Clark County officers

Sheriff

Recorder

Clerk

Assessor

District attorney

Treasurer

County commissioners

Board to allow salaries

Repeal

give such bond as may be required by the sheriff, or by the board of county commissioners.

      The county recorder and auditor shall receive a compensation of twenty-one hundred ($2,100) dollars per annum, and the board of county commissioners may allow him such thoroughly competent deputies, at a salary not to exceed one hundred ($100) dollars per month, as in their judgment the volume of the work in his office may require. All fees paid into the recorder and auditor’s office shall belong to the county.

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of one hundred and fifty ($150) dollars per month.

      The county assessor shall receive a salary of one hundred and fifty ($150) dollars per month, and ten cents per mile actually traveled while in the performance of his duties.

      The district attorney shall receive a salary of one hundred and fifty ($150) dollars per month which shall be full compensation for all services rendered, and in addition thereto all necessary traveling expenses while in the performance of his duties.

      The county treasurer shall receive a salary of twenty-one hundred ($2,100) dollars per annum.

      The chairman of the county commissioners shall receive seventy-five ($75) dollars per month, and the other members of the board of county commissioners shall receive fifty ($50) dollars per month, and each commissioner shall be entitled to ten cents per mile for mileage while traveling upon the business of the county to and from meetings of the board.

      Sec. 2.  The board of county commissioners of Clark County, Nevada, shall allow the salaries named in section 1 of this act as other salaries are allowed, the auditor shall draw his warrant for the same, and the county treasurer shall pay the same.

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

Chap. 151–An Act to amend section 8 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891.

[Approved March 16, 1915]

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

Assembly, do enact as follows:

      Section 1.  Section 8 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, is hereby amended to read as follows:

      Section 8.  Between the first day of January and the second Monday of July in each year, the county assessor, except when otherwise required by special enactment, shall ascertain, by diligent inquiry and examination, all property in his county, real and personal, subject to taxation, and also the names of all persons, corporations, associations, companies, or firms, owning the same; and he shall then determine the true cash value of all such property, and he shall then list and assess the same to the person, firm, corporation, association, or company owning it.

Monday of July in each year, the county assessor, except when otherwise required by special enactment, shall ascertain, by diligent inquiry and examination, all property in his county, real and personal, subject to taxation, and also the names of all persons, corporations, associations, companies, or firms, owning the same; and he shall then determine the true cash value of all such property, and he shall then list and assess the same to the person, firm, corporation, association, or company owning it. In arriving at the value of all public utilities the intangible or franchise element shall be considered as an addition to the physical value and a portion of the true cash value. For the purpose of enabling the assessor to make such assessments, he shall demand from each person or firm, and from the president, cashier, treasurer, or managing agent of each corporation, association, or company, including all banking institutions, associations, or firms within his county, a statement, under oath or affirmation, of all the real estate and personal property within the county, owned or claimed by such persons, firm, corporation, association, or company. If any person, officer, or agent shall neglect, or refuse, on demand of the assessor or his deputy to give, under oath or affirmation, the statement required by this section, or shall give a false name, or shall refuse to give his or her name, or shall refuse to swear or affirm, he or she shall be guilty of a misdemeanor, and shall be arrested upon complaint of the assessor, or his deputy, and upon conviction before a justice of the peace of the county, he or she shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term not less than ten days nor more than three months, or by both such fine and imprisonment, at the discretion of the court. If the owners of any property not listed by another person shall be absent or unknown, or fail to make the statement under oath or affirmation, as provided herein, within five days after demand is made therefor, the assessor shall make an estimate of the value of such property and assess the same accordingly. If the name of such absent owner is known to the assessor the property shall be assessed in his or her name; if unknown to the assessor the property shall be assessed to unknown owners. It is hereby made the duty of the assessor, at the end of each month, to report to the district or prosecuting attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section of this act, and it is hereby made the duty of such district or prosecuting attorney to prosecute all persons so offending.

Assessor to ascertain names of owners of all property, and assess same

Franchises, how assessed

Penalty for neglect or refusal to give statement

District attorney to prosecute

Deputy superintendents must enforce U. S. flag act

Chap. 152–An Act to amend section 3 of an act entitled “An act to require school trustees to procure and hoist on public schoolhouses the United States flag,” approved March 13, 1909.

[Approved March 16, 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 so as to read as follows:

      Section 3.  It is hereby made the duty of the deputy superintendent of public instruction of each school district in the State of Nevada to see that the provisions of this act are carried into effect, and each of said deputy superintendents of public instruction is hereby authorized and empowered to make such rules as may be necessary to enforce the provisions of this act.

Nevada tax commission

How composed

Chap. 153–An Act in relation to the public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith.

[Approved March 17, 1915]

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

Assembly, do enact as follows:

      Section 1.  There is hereby created a commission to be designated and known as the Nevada tax commission. Said Nevada tax commission shall consist of a chairman and four commissioners. One of said commissioners shall be versed in and possess a practical knowledge and experience in the classification of land, the value thereof, and of live stock and the value thereof. The chairman shall be the governor of Nevada. The four commissioners shall be, respectively, the three railroad commissioners of the railroad commission of Nevada, and one additional member, who shall be appointed by the railroad board provided for in section 4549 of the Revised Laws of Nevada, 1912, who shall act as secretary of said commission. Said appointment shall be made with the advice and consent of the senate within ten days after the passage of this act and before the adjournment of this legislature if practicable. The appointment of said commissioner shall be for a term of two years, or until his successor shall have been appointed and qualified. The chairman and each of said commissioners shall have a vote on all matters which may come before said commission. Not more than a majority of the said commission shall be of the same political party. Each commissioner shall devote his entire time to the duties of his respective offices, and shall not hold any position of trust or profit, engage in any occupation or business interfering with or inconsistent with his duties as such commissioner, or serve on or under any committee of any political party.

any position of trust or profit, engage in any occupation or business interfering with or inconsistent with his duties as such commissioner, or serve on or under any committee of any political party. Before entering upon his duties, the appointive commissioner, designated as secretary of said commission, shall enter into a bond payable to the State of Nevada, to be approved by the governor, in the sum of ten thousand dollars, conditioned on the faithful performance of his duties, and shall subscribe to the official oath.

      Sec. 2.  The members of said commission shall have power to prescribe rules and regulations for its own government and governing the procedure and order of business of all regular and special sessions, and three members shall constitute a quorum for the transaction of business. The secretary shall keep full and correct records of all transactions and proceedings of said commission, and perform such other duties as may be required, and, with the approval and consent of the state board of examiners, may employ such clerical or expert assistance as may be required.

      Sec. 3.  Said Nevada tax commission, hereinafter and heretofore referred to as “said commission,” is hereby empowered:

      First-To confer with, advise and direct assessors, sheriffs, as ex officio collectors of licenses, county boards of equalization, and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues as to their duties; to direct what proceedings, actions or prosecutions shall be instituted to support the law. Said commission may call upon the district attorney of any county or the attorney-general to institute and conduct such civil or criminal proceedings as may be demanded.

      Second-To have the original power of appraisement or assessment of all property mentioned in section 5 of this act.

      Third-To establish and prescribe general and uniform rules and regulations governing the assessment of property by the assessors of the various counties, not in conflict with law; to prescribe the form and manner in which assessment rolls or tax lists shall be kept by assessors (and county commissioners shall supply books and blanks for the use of assessors in such form), and also to prescribe the form of the statements of property owners in making returns of their property; and it is hereby made the duty of all county assessors to adopt and put in practice such rules and regulations and to use and adopt such form and manner of keeping such assessment rolls or tax lists, and to use and require such property owners to use, and the county commissioners shall furnish, the blank statements required by said commission in making their property returns.

      Fourth-To require assessors, sheriffs, as ex officio collectors of licenses, and the clerks of the county boards of equalization, and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues, to furnish such information in relation to assessments, licenses, or the equalization of property valuations, and in such form as said commission may demand.

Secretary

Bonds

Powers of commission

Powers of tax commission specified

Original power of assessment

Rules

Revenue officers must give information

Witnesses may be summoned

Oaths

May examine corporation books

Budgets of county expenses

General supervision of revenue system

Assessors, etc., to place untaxed property on rolls

Foregoing powers do not exclude

Office at Carson City

Sessions

or the equalization of property valuations, and in such form as said commission may demand.

      Fifth-To summon witnesses to appear and testify on any subject material to the determination of property valuations, licenses, or the net proceeds of mines, but no property owner and no officer, director, superintendent, manager, or agent of any company or corporation, whose property is wholly in one county, shall be required to appear, without his consent, at a place other than the county-seat or at the nearest town to his place of residence, or the principal place of business of such company or corporation. Such summons may be served by personal service by any member of said commission, or by the sheriff of the county, and who shall certify to such service without compensation therefor. Any member of said commission may administer oaths to witnesses.

      Sixth-To make diligent investigation with reference to any class or kind of property believed to be escaping just taxation; and in pursuance whereof, said commission, or any commissioner thereof, may examine the books and accounts of any person, copartnership, or corporation doing business in the state, when such examination is deemed necessary to a proper determination of the valuation of any property subject to taxation, or the determination of any licenses for the conduct of any business, or the determination of the net proceeds of any mine.

      Seventh-To require boards of county commissioners to submit a budget estimate of the county expenses for the current year in such detail and form as may be required by the Nevada tax commission; to require the county commissioners to increase or decrease the county tax rate to produce the net revenue estimated as necessary for the conduct of such county government in said budget.

      Eighth-The commission shall have, in addition to the specific powers enumerated, the power to exercise general supervision and control over the entire revenue system of the state.

      Ninth-The commission shall have the power to require county assessors, county boards of equalization, and any county auditor to place upon the rolls any property found to be escaping taxation.

      The enumeration of the foregoing powers shall not be considered as excluding the exercise of any needful and proper power and authority of said commission.

      Sec. 4.  Said commission shall keep its office at Carson City, and shall be in general session and open for the transaction of business the usual hours and days in which public offices are kept open, except at such times as said commissioners may be engaged in their official duties elsewhere. Special sessions may be held at such times and places and for such purposes as said commission may declare. There shall annually be held at Carson City two regular sessions of said commission, namely, one beginning on the second Monday in January of each year at 9 o’clock a. m.,

at 9 o’clock a. m., and continuing from day to day until the business is completed, at which valuations shall be established by said commission on the several kinds and classes of property mentioned in section 5 of this act; and one regular session shall be held annually beginning on the first day of October, or the first legal day thereafter, at the same hour, and continuing from day to day until the business is completed, at which said commission shall equalize property valuations in the state as provided in section 7 of this act exclusive of live stock. The publication in the statutes of the foregoing time, place, and purposes of such regular sessions shall be deemed sufficient notice thereof to all concerned, but said commission, if it so elects, may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise. All sessions shall be public and all parties interested shall have the right to appear, to be heard in person or by their agents or attorneys, or to submit evidence in documentary form. The publication once a week, for two consecutive weeks, of notice of a special session, in some newspaper of general circulation in the county in which such special session is to be held, or five days’ personal service on, or mailed notice to, the person, firm, or corporation affected, stating the time, place, objects, and purposes of such special session, shall be deemed sufficient notice thereof to all concerned.

      Sec. 5.  At the regular session of said commission held on the second Monday of January of each year, said commission shall assess all live stock throughout the state, fixing the valuation per head for the year 1915, and thereafter using the valuation per head established by the preceding session of the state board of equalization for the then current year, as provided for in section 6 of this act, and shall establish the valuation on any property of an interstate or intercounty nature, and which shall in any event include: The property of all interstate or intercounty railroads, sleeping-car, private car line, street railway, traction, telegraph, water, telephone, and electric-light and -power companies, together with the franchises, and the property and franchises of all express companies operating on any common carrier in this state, and which foregoing, exclusive of live stock, shall be assessed as follows: Said commission shall establish the valuation of the franchises, and all physical property, used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, said commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and so apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by said commission. The word “company” shall be construed to mean and include any person or persons, company, corporation, or association engaged in the business described.

What is legal notice of sessions

All sessions public

Commission to assess all live stock

Railroads, etc.

Franchises

Mile-unit valuation

“Company” defined

All other property assessed by assessors

Tax commission and county assessors to sit as state board of equalization

and include any person or persons, company, corporation, or association engaged in the business described. In case of the omission by said commission to establish a valuation for assessment purposes upon any property mentioned in this section, it shall be the duty of the assessors of any counties wherein such property is situated to assess the same. All other property shall be assessed by the county assessors. On or before the first Monday in June it shall be the duty of the said commission to transmit to the several assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the Nevada tax commission.

      Sec. 6.  Beginning on the third Monday of August the said commission shall, together with the county assessors of the several counties of the state, sit in Carson City as a state board of equalization. The chairman of the said commission shall be the chairman of the said board of equalization, and each member of said commission and each of the county assessors shall have a vote upon said board. The secretary of the Nevada tax commission shall act as the secretary of the state board of equalization. The actual necessary expenses of the county assessors in attending the meeting of the said board of equalization shall be paid by the respective counties. At such meeting it shall be the duty of the state board of equalization to review the tax rolls of the various counties as corrected by county boards of equalization, and to raise or lower for the purpose of state equalization the valuations therein established by county assessors and county boards of equalization, on any class or piece of property in whole or in part in any county save and except those classes or property enumerated in section 5 of this act, exclusive of live stock, which shall be equalized by the said state board; and in equalizing the assessment of said property it shall be the duty of said state board of equalization to so raise or lower such valuation as to produce an aggregate assessment of all property within the state (including the property enumerated in section 5 of this act) sufficient when the state tax levy is applied thereto to produce the revenues required from taxation as shown in the budget of estimated state expenses provided for in section 8 of this act; provided, however, that if said state board of equalization shall fail to perform the duties enumerated in this section, the Nevada tax commission may make such equalization as will be necessary. Said board of equalization shall complete their labors on or before the thirtieth day of September, and any person whose assessment valuation has been raised by said state board of equalization may complain to the Nevada tax commission on or before the third Monday in October in said year, and said tax commission may correct or remedy any inequality or error so complained of. Showing on complaint may be made by letter or in person, and said commission may, in its discretion, require affidavits in support thereof.

may be made by letter or in person, and said commission may, in its discretion, require affidavits in support thereof. If any county assessor shall be unable to attend the meeting of the state board of equalization, the board of county commissioners may appoint a qualified person to act in his stead. At the meeting of the state board of equalization, as provided for in this section, in the year 1915, and annually thereafter, said state board of equalization shall fix the valuation for assessment purposes per head of all live stock in the state; said valuation, however, shall be subject to equalization.

      Sec. 7.  At the regular session commencing on the first day of October, the Nevada tax commission for the purpose of state equalization may raise or lower any valuations theretofore established by it upon any class or piece of property, exclusive of live stock, enumerated in section 5 of this act, to conform with the equalization of assessments effected by the state board of equalization.

      Sec. 8.  It shall be the duty of the state board of examiners, on or before the first Monday in May of each year, to prepare and file with the Nevada tax commission a detailed budget estimate of the aggregate amount of money necessary to be raised by taxation, and from other sources of revenue, to maintain the government of the state upon a cash basis for the current fiscal year.

      Sec. 9.  The secretary of the Nevada tax commission shall certify any change in the assessed valuation of any piece or class or property in whole or in part made by the tax commission or the state board of equalization to the auditor of the county wherein such property is assessed and said auditor shall make such changes in the assessment roll prior to the delivery of his completed tax roll to the ex officio tax receiver.

      Sec. 10.  No taxpayer shall be deprived of any remedy or redress in a court of law relating to the payment of taxes, but all actions at law shall be for redress from the findings of said commission or the state board of equalization, and may not be instituted upon the act of an assessor, or of a county board of equalization or the state board of equalization until said commission has denied the complainant redress. Said Nevada tax commission, in that name, may sue and be sued, and shall be so named as defendant in any action at law brought under the provisions of this section, and the attorney-general shall defend the same, but the burden of proof shall be upon the complainant to show by clear and satisfactory evidence that any valuation established or equalized by said commission or the state board of equalization is unjust and inequitable.

      Sec. 11.  (a) Any property owner whose taxes exceed the sum of $300, who has instituted a court proceeding for redress from any increased valuation of his property for assessment purposes, and who shall have paid his December installment of taxes thereon in full, may, on filing with the treasurer of the county a certificate of the clerk of any court that such issue is pending,

May regulate valuations, except live stock

State budget required

Secretary to certify changes

Taxpayers not deprived of legal redress

Attorney-general to defend suits

Method of paying taxes by owner if court proceedings are instituted

Method of paying taxes

Method of paying when owner has applied to tax commission for redress

All property assessed at full cash value

pending, pay his June installment in two separate payments, to wit: One payment in a sum which, when added to the December installment, shall represent the amount of taxes payable if computed on the valuation of the preceding tax year plus the taxes on any improvements added since such preceding levy; and the other for the balance required to make up the full June installment; and said county treasurer shall receipt for the latter as a special deposit to be held by such treasurer undisbursed until the court, by its finding, shall award it; and said property in such case shall not be liable for any penalty under the delinquent tax act; and if the court, by its findings, reduces the assessment of such property, said county treasurer, on order of the court, shall refund from such special deposit an amount corresponding to such reduction; and if the court shall not reduce the valuation of said property, then said county treasurer shall transfer the entire special deposit to the public revenues.

      (b) Any property owner whose taxes are less than $300, and who has paid his December installment of taxes in full, may, on filing with the treasurer of the county a certificate of the secretary of the Nevada tax commission that he has made complaint or applied to said commission for redress from any increased valuation of his property, pay his June installment in two separate payments, one payment in the sum which, when added to the December installment, shall represent the amount of taxes payable if computed on the valuation of the preceding tax year plus the taxes on any improvements added since such preceding levy, and the other for the balance required to make up the full June installment; and the county treasurer shall receipt for the latter as a special deposit, to be held by such treasurer undisbursed until the Nevada tax commission shall, by its findings, grant or refuse redress from such increased valuation, and said property owner, in such case, shall not be liable for any penalty under the delinquent tax act; and if the Nevada tax commission, by its findings, reduces the assessment valuation of such property, said county treasurer, on order of said commission, shall refund from such special deposit an amount corresponding to such reduction, and shall transfer the remainder to the public revenues; and if said commission shall not reduce the valuation of said property, then said county treasurer shall transfer the entire special deposit to the public revenues. This section and all remedies granted thereunder shall apply to any increased assessment or valuation heretofore made for the fiscal year 1914 and hereafter. Nothing in this section shall be deemed to deprive any taxpayer of any right or remedy he may now have or be entitled to under the laws of Nevada.

      Sec. 12.  All property subject to taxation shall be assessed at its full cash value.

      Sec. 13.  In pursuance of the general supervision and control over the revenue system of the state, said commission is hereby empowered to investigate and determine the net proceeds of all operating mines.

empowered to investigate and determine the net proceeds of all operating mines. In pursuance whereof, said commission, in each instance, shall investigate and determine from all obtainable data, evidence, and reports, the gross value of the bullion actually extracted from the reduction of the ores and the proceeds from the sale of the ores of any mine, mining claim, or patented mine, and to deduct therefrom only such actual costs of extraction, transportation, reduction, or sale of ores, as shall be deemed by said commission to be just, proper, and reasonable, and not introduced to deprive or defraud the state of any portion of its just revenue; and in any suit at law arising under the provisions of this section, the burden of proof shall be upon the owner of such mine, mining claim, or patented mine, to establish that any item of cost disallowed by said commission is, nevertheless, just, proper, and reasonable, and not entered to defraud the state.

      Sec. 14.  All the provisions of this act with respect to county assessors, sheriffs, as ex officio collectors of licenses, county commissioners, county auditors, and all other county officers having to do with the preparation of the assessment roll or collection of taxes or other revenues, and persons summoned as witnesses, the requirement of witnesses to testify, the examination of the books and accounts of persons, copartnerships, and corporations doing business in this state, are mandatory; and any such county officer, or witness summoned, or witness required to testify, or person, copartner, or officer, director, superintendent, or manager, or agent of any corporation, who neglects, fails, or refuses to comply with such mandates shall, for the first offense, be deemed guilty of a misdemeanor, and subject to the penalty prescribed in section 6285, Revised Laws of Nevada; and for persistence therein, constituting a second offense, shall be deemed guilty of a gross misdemeanor, and subject to the penalty prescribed in section 6284 of said Revised Laws. Any person who shall testify falsely shall be guilty of and punished for perjury.

      Sec. 15.  All acts herein required between the assessment and the collection of the taxes or commencement of suit shall be directory merely; and no assessment, or act relating to assessment, or collection of taxes shall be illegal on account of informality, nor because the same was not completed within the time required by law.

      Sec. 16.  The commissioner designated as secretary shall receive a salary of three thousand dollars per annum, payable in equal monthly installments as other state officers are paid. The second associate commissioner of the railroad commission of Nevada as ex officio member of the Nevada tax commission shall receive a salary of five hundred dollars per annum payable in equal monthly installments as other state officers are paid; the governor and the other commissioners shall receive no compensation for their services as members of the Nevada tax commission.

Proceeds of mines, assessment of, method of procedure

Provisions of this act mandatory

Penalty for refusal

False testimony perjury

Informalities not to invalidate

Salaries of secretary and second associate commissioner

Members to receive actual expenses

Appropriation, $10,000

Annual report

Printing to be done at state printing office

Other act repealed

Meetings continuation of old commission

Expires by limitation

      Sec. 17.  The members of the said commission, and such expert assistants as may be employed, shall be entitled to receive from the state their actual and necessary expenses while traveling on the business of said commission.

      Sec. 18.  The sum of ten thousand dollars ($10,000) is hereby annually appropriated, out of any moneys in the state treasury not otherwise appropriated, to carry out the purposes of this act, and which shall be available for necessary clerical hire, office furniture and fixtures, advertising, rental, and traveling and other expenses. All such expenditures shall be certified to by the chairman of said commission, and, when approved by the state board of examiners, shall be paid by the treasurer from such appropriation on warrants drawn by the controller.

      Sec. 19.  The commission shall make and publish an annual report for each calendar year, showing its transactions and proceedings for the year.

      Sec. 20.  All forms, blanks, envelopes, letterheads, circulars, and reports required to be printed by said commission may, in its discretion, be printed at the state printing office under the general provisions of the act entitled “An act to designate and authorize the work to be done in the state printing office,” approved March 5, 1909.

      Sec. 21.  An act entitled “An act in relation to the public revenues, creating the Nevada tax commission, defining its powers and duties, and matters relating thereto, and repealing all other acts or parts of acts in conflict herewith,” approved March 20, 1913, and all other acts or parts of acts in conflict herewith, are hereby repealed; provided, however, that all meetings of this commission shall be deemed, and shall be, continuation of such meetings as are now being held, or in session, of the Nevada tax commission, created under and by virtue of “An act in relation to the public revenues, creating the Nevada tax commission, defining its powers and duties, and matters relating thereto, and repealing all other acts or parts of acts in conflict herewith,” approved March 20, 1913.

      Sec. 22.  This act shall expire by limitation on March 15, 1917, unless revived by future legislation.

Branch county high schools authorized

Chap. 154–An Act to provide for the establishment of branch county high schools under certain conditions, in counties having a county high school, and other matters properly connected therewith.

[Approved March 17, 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 any county in the state having a county high school or schools may establish a branch county high school, and it shall be the duty of the county commissioners to do so whenever the county board of education of such county shall certify that the conditions named in section 2 of this act exist and are complied with.

duty of the county commissioners to do so whenever the county board of education of such county shall certify that the conditions named in section 2 of this act exist and are complied with.

      Sec. 2.  Whenever a school district in a county having a county high school or county high schools is in need of and desires county aid for securing or maintaining full high-school instruction and privileges for its children, it may, through its board of trustees, petition the county commissioners to establish in the district a branch county high school. The petition shall set forth the following facts:

      1.  That said district has already in attendance in its high school twenty or more properly qualified high-school pupils and full high-school work is being done;

      2.  That the income of the district from county and state apportionments is insufficient for giving such pupils necessary high-school instruction, and that its assessed valuation is too small for it to raise the needed funds from special district taxation;

      3.  That the district is situated forty miles or more from the county high school, and the parents are unable to send their children to the county high school;

      4.  That the district is able to and will provide the necessary rooms or buildings for all the high-school work;

      5.  That the district asks for the establishment therein of a branch county high school under the management and the control of the county board of education.

      Sec. 3.  Any branch county high school that may be established under the provisions of this act shall be under the full control and management of the county board of education, and it shall be governed in its powers and duties in reference to the said branch county high school by the provisions contained in the Revised Laws of Nevada, 1912, sections 3419, 3420, 3421, 3422, and 3423 (School Code, sections 179, 180, 181, 182, and 183).

      Sec. 4.  None of the provisions of this act shall in any wise impair or abrogate the provisions of “An act authorizing boards of county commissioners to transfer certain funds to the county school fund of school districts, or to levy a special county tax in certain cases, and other matters properly connected therewith,” as found in the Statutes of Nevada, 1913, pages 166 and 167 (School Code, 1913, pages 73 and 74).

County aid, how secured

Petition

Facts set forth

Under control of county board of education

Not to conflict with certain act

School of mines at Tonopah under control of university

Expenditure authorized

Chap. 155–An Act creating a school of mines to be located at Tonopah, Nevada.

[Approved March 17, 1915]

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

Assembly, do enact as follows:

      Section 1.  There is hereby created a school of mines, to be known as the Tonopah school of mines, to be located at Tonopah, Nye County, Nevada, to be under the direction and control of the board of regents of the University of Nevada. The principal in charge of said school of mines shall receive a salary of twenty-two hundred and fifty dollars per annum, payable in twelve equal monthly installments on the first day of each and every month during the time this act and the provisions thereof shall remain in force and effect.

      Sec. 2.  The said board of regents of the University of Nevada is hereby authorized and empowered to expend for the support and maintenance of the Tonopah school of mines for the years 1915 and 1916, in addition to the salary of the principal in charge of said school of mines, the sum of seven hundred and fifty dollars.

Qualifications of bank examiner

Chap. 156–An Act to amend an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911.

[Approved March 17, 1915]

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

Assembly, do enact as follows:

      Section 1.  Section 50 of the above-entitled act is hereby amended to read as follows:

      Section 50.  The governor shall appoint a bank examiner who shall be a person who has had practical banking experience; he shall receive a salary of four thousand dollars per year, payable in equal monthly installments out of the general fund of the state; he may be removed from office at any time by a majority vote of the whole banking board. During his term of office the examiner shall not be permitted to examine the affairs of any bank in which he has an interest nor in which he is or, within one year next preceding his appointment, was an officer or employee. Until further action by the banking board, the present bank examiner shall be continued in office with all the powers and duties thereby conferred and imposed. In every case where the examiner shall be called upon to settle up the affairs of a bank, in accordance with the provisions of this act, he may, if the circumstances in his judgment warrant such action, appoint a deputy bank examiner to aid him in carrying out the provisions of this act; the examiner shall fix the salary of such deputy, which shall not exceed the sum of two hundred dollars per month, payable monthly out of the general fund of the state.

examiner shall fix the salary of such deputy, which shall not exceed the sum of two hundred dollars per month, payable monthly out of the general fund of the state. Such deputy shall perform such duties as the examiner shall direct (but no deputy shall be appointed except in connection with the liquidation of the business of a bank, nor shall his employment continue longer than may be required for that purpose, and he shall be subject to removal at any time at the pleasure of the examiner or of the state banking board. The bank examiner shall occupy the offices of the state banking board and shall act as secretary of the board). The seal of the state banking board shall be as heretofore prescribed, and all licenses and orders issued by the board and by its authority shall be attested by the seal of the state banking board and by the signature of the bank examiner.

      Sec. 2.  Section 55 of the above-entitled act is hereby amended to read as follows:

      Section 55.  The examiner shall require from the clerks and assistants, including a deputy examiner, if any, employed in the settling up of the affairs of any bank, in accordance with this act, such security for the faithful performance of their duties as he may deem proper.

      Sec. 3.  Section 66 of the above-entitled act is hereby amended to read as follows:

      Section 66.  The deputy bank examiners, if any, shall, before entering upon the discharge of their duties, take and subscribe the constitutional oath of office.

Deputy may be appointed in connection with liquidation of banks

Seal of board

Security from assistants

Official oath

Chap. 157–An Act to amend 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.

[Approved March 17, 1915]

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

Assembly, do enact as follows:

      Section 1.  Section three hundred and ten 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, is hereby amended so as to read as follows:

      Section 310.  In the trial of all indictments, complaints, and other proceedings against persons charged with the commission of crimes or offenses, the person so charged shall, at his own request, but not otherwise, be deemed a competent witness, the credit to be given his testimony being left solely to the jury, under the instructions of the court; provided, that no special instruction shall be given relating exclusively to the testimony of the defendant, or particularly directing the attention of the jury to the defendant’s testimony.

Defendant deemed competent witness for himself

Defendant not compelled to testify

Indeterminate sentence, how fixed

Judge and district attorney

In effect July 1, 1915

      Sec. 2.  Section three hundred and eleven of said act is hereby amended so as to read as follows:

      Section 311.  Nothing herein contained shall be construed as compelling any such person to testify. No instruction shall be given relative to the failure of the person charged with the commission of crime or offense to testify, except, upon the request of the person so charged, the court shall instruct the jury that, in accordance with a right guaranteed by the constitution, no person can be compelled, in a criminal action, to be a witness against himself.

      Sec. 3.  Section four hundred and ten of said act, as amended by act approved March 24, 1913 (Statutes, 1913, page 274), is hereby amended so as to read as follows:

      Section 410.  Whenever any person shall be convicted of any felony for which no fixed period of confinement is imposed by law, the court shall, in addition to any fine or forfeiture which he may impose, direct that such person be confined in the state prison, for an indeterminate term limited only by the minimum and maximum term of imprisonment prescribed by law for the offense of which such person shall be convicted; and where no minimum term of imprisonment is prescribed by law, the court shall fix the minimum term in his discretion at not less than one year nor more than five years, and where no maximum term of imprisonment is prescribed by law, the court shall fix such maximum term of imprisonment. Immediately after the rendition of judgment in such case the district judge who presided at the trial and the district attorney who prosecuted the case shall transmit to the secretary of the board of pardons and parole commissioners a written statement of facts within their knowledge which may aid said board in the exercise of the powers conferred by section 411 of this act, and may include in such statement such comments as they may deem pertinent.

      Sec. 4.  This act shall take effect July first, one thousand nine hundred and fifteen.

Chap. 158–An Act to amend 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 17, 1911, as amended March 24, 1913, and to repeal certain sections of said amendatory act of March 24, 1913.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  Section 104 of said act is hereby amended so as to read as follows:

      Section 104.  The answer of the defendant shall contain:

      1.  A general or specific denial of the allegations in the complaint intended to be controverted by the defendant, or a denial thereof according to information and belief. In denying any allegation in the complaint, not presumptively within the knowledge of the defendant, it shall be sufficient to put such allegation in issue, for the defendant to state, as to such allegation, that he has not sufficient knowledge or information upon which to base a belief.

      2.  A statement, in ordinary and concise language, of any new matter constituting a defense or counterclaim.

      Sec. 2.  Section 115 of said act is hereby amended so as to read as follows:

      Section 115.  When the answer contains new matter, constituting a defense, or a counterclaim, the plaintiff shall, within ten days after service of such answer or within ten days after notice of the overruling of the demurrer thereto, serve and file a reply. Said reply shall consist of:

      First-A general or specific denial of the allegations in the answer, or in the counterclaim, intended to be controverted by the plaintiff, or a denial thereof according to information and belief. In denying any allegation in the answer, or in the counterclaim, not presumptively within the knowledge of the plaintiff, it shall be sufficient to put such allegations in issue for the plaintiff to state, as to such allegation, that he has not sufficient knowledge or information upon which to base a belief.

      Second-Any new matter not inconsistent with the complaint, constituting a defense to the matter alleged in the answer; or the matter in the answer may be confessed, and any new matter alleged, not inconsistent with the complaint, which avoids the same.

      Sec. 3.  Section 116 of said act is hereby amended so as to read as follows:

      Section 116.  If the plaintiff fails to demur or reply to the new matter, contained in the answer, constituting a defense, the same shall be deemed admitted; and if the plaintiff fails to demur or reply to the counterclaim, the same shall be deemed admitted.

      Sec. 4.  Section 133 of said act is hereby amended so as to read as follows:

      Section 133.  Each material allegation of the complaint not controverted by the answer, and each material allegation of new matter in the answer not controverted by the reply, and each material allegation in the counterclaim not controverted by the reply, must, for the purposes of the action, be taken as true. All allegations of new matter in the reply are to be deemed controverted by the adverse party.

      Sec. 5.  Section 1, section 2, and section 3 of an act entitled “An act to amend 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 17, 1911,” approved March 24, 1913, are hereby repealed.

Answer, what must contain

Reply, what shall contain

Failure to reply deemed admission

Allegations, when considered as true

Certain sections repealed

In effect

relation thereto,’ approved March 17, 1911,” approved March 24, 1913, are hereby repealed.

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

Contracts to sell, and sales

Capacity-liability for necessaries

Form of contract or sale

Statute of frauds

Chap. 159–An Act to regulate sales of personal property, and to make uniform the law relating thereto.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

PART I

Formation of the Contract

Contracts to Sell, and Sales.

      Section 1.  (1) A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price.

      (2) A sale of goods is an agreement whereby the seller transfers the property in goods to the buyer for a consideration called the price.

      (3) A contract to sell or a sale may be absolute or conditional.

      (4) There may be a contract to sell or a sale between one part owner and another. Capacity-Liabilities for Necessaries.

      Sec. 2.  Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property.

      Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor.

      Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of delivery.

formalities of the contract

Form of Contract or Sale.

      Sec. 3.  Subject to the provisions of this act, and of any statute in that behalf, a contract to sell or a sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties.

Statute of Frauds.

      Sec. 4.  (1) A contract to sell or a sale of any goods or choses in action of the value of two hundred dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.

earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.

      (2) The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract or sale be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business, the provisions of this section shall not apply.

      (3) There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.

subject-matter of contract

Existing and Future Goods.

      Sec. 5.  (1) The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract to sell, in this act called “future goods.”

      (2) There may be a contract to sell goods, the acquisition of which by the seller depends upon a contingency which may or may not happen.

      (3) Where the parties purport to effect a present sale of future goods, the agreement operates as a contract to sell the goods.

Undivided Shares.

      Sec. 6.  (1) There may be a contract to sell or a sale of an undivided share of goods. If the parties intend to effect a present sale, the buyer, by force of the agreement, becomes an owner in common with the owner or owners of the remaining shares.

      (2) In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the buyer to buy a definite number, weight, or measure of the goods in the mass, and though the number, weight, or measure of the goods in the mass is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight, or measure bought bears to the number, weight, or measure of the mass. If the mass contains less than the number, weight, or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from similar goods unless a contrary intent appears.

Statute of frauds

Existing and future goods

Undivided shares

Destruction of goods sold

Destruction of goods contracted to be sold

Definition and ascertainment of price

Destruction of Goods Sold.

      Sec. 7.  (1) Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have wholly perished at the time when the agreement is made, the agreement is void.

      (2) Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character, the buyer may at his option treat the sale-

      (a) As avoided, or

      (b) As transferring the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price of the sale was indivisible, or to pay the agreed price for the goods in which the property passes if the sale was divisible.

Destruction of Goods Contracted To Be Sold.

      Sec. 8.  (1) Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault on the part of the seller or the buyer, the goods wholly perish, the contract is thereby avoided.

      (2) Where there is a contract to sell specific goods, and subsequently, but before the risk passes to the buyer, without any fault of the seller or the buyer, part of the goods perish or the whole or a material part of the goods so deteriorate in quality as to be substantially changed in character, the buyer may at his option treat the contract-

      (a) As avoided, or

      (b) As binding the seller to transfer the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the contract was indivisible, or to pay the agreed price for so much of the goods as the seller, by the buyer’s option, is bound to transfer if the contract was divisible.

the price

Definition and Ascertainment of Price.

      Sec. 9.  (1) The price may be fixed by the contract, or may be left to be fixed in such manner as may be agreed, or it may be determined by the course of dealing between the parties.

      (2) The price may be made payable in any personal property.

      (3) Where transferring or promising to transfer any interest in real estate constitutes the whole or part of the consideration for transferring or for promising to transfer the property in goods, this act shall not apply.

      (4) Where the price is not determined in accordance with the foregoing provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.

Sale at a Valuation.

      Sec. 10.  (1) Where there is a contract to sell or a sale of goods at a price or on terms to be fixed by a third person, and such third person, without fault of the seller or the buyer, cannot or does not fix the price or terms, the contract or the sale is thereby avoided; but if the goods or any part thereof have been delivered to and appropriated by the buyer he must pay a reasonable price therefor.

      (2) Where such third person is prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed by Parts IV and V of this act.

conditions and warranties

Effect of Conditions.

      Sec. 11.  (1) Where the obligation of either party to a contract to sell or a sale is subject to any condition which is not performed, such party may refuse to proceed with the contract or sale or he may waive performance of the condition. If the other party has promised that the condition should happen or be performed, such first-mentioned party may also treat the nonperformance of the condition as a breach of warranty.

      (2) Where the property in the goods has not passed, the buyer may treat the fulfilment by the seller of his obligation to furnish goods as described and as warranted expressly or by implication in the contract to sell as a condition of the obligation of the buyer to perform his promise to accept and pay for the goods.

Definition of Express Warranty.

      Sec. 12.  Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller’s opinion only, shall be construed as a warranty.

Implied Warranties of Title.

      Sec. 13.  In a contract to sell or a sale, unless a contrary intention appears, there is-

      (1) An implied warranty on the part of the seller that in case of a sale he has a right to sell the goods, and that in case of a contract to sell he will have a right to sell the goods at the time when the property is to pass;

      (2) An implied warranty that the buyer shall have and enjoy quiet possession of the goods as against any lawful claims existing at the time of the sale;

      (3) An implied warranty that the goods shall be free at the time of the sale from any charge of encumbrance in favor of any third person, not declared or known to the buyer before or at the time when the contract or sale is made;

Sale at a valuation

Effect of conditions

Definition of express warranty

Implied warranties of title

Implied warranty in sale by description

Implied warranties of quality

Implied warranties in sale by sample

      (4) This section shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, or other person professing to sell, by virtue of authority in fact or law, goods in which a third person has a legal or equitable interest.

Implied Warranty in Sale by Description.

      Sec. 14.  Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall correspond with the description, and if the contract or sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.

Implied Warranties of Quality.

      Sec. 15.  Subject to the provisions of this act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows:

      (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller’s skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose.

      (2) Where the goods are bought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality.

      (3) If the buyer has examined the goods there is no implied warranty as regards defects which such examination ought to have revealed.

      (4) In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose.

      (5) An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade.

      (6) An express warranty or condition does not negative a warranty or condition implied under this act unless inconsistent therewith.

sale by sample

Implied Warranties in Sale by Sample.

      Sec. 16.  In the case of a contract to sell or a sale by sample-

      (a) There is an implied warranty that the bulk shall correspond with the sample in quality.

      (b) There is an implied warranty that the buyer shall have a reasonable opportunity of comparing the bulk with the sample, except so far as otherwise provided in section 47 (3).

      (c) If the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.

an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.

PART II

Transfer of Property as Between Seller and Buyer

No Property Passes Until Goods Are Ascertained.

      Sec. 17.  Where there is a contract to sell unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained, but property in an undivided share of ascertained goods may be transferred as provided in section 6.

Property in Specific Goods Passes when Parties so Intend.

      Sec. 18.  (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.

      (2) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade, and the circumstances of the case.

Rules for Ascertaining Intention.

      Sec. 19.  Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer:

      Rule 1.  Where there is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made and it is immaterial whether the time of payment, or the time of delivery, or both, be postponed.

      Rule 2.  Where there is a contract to sell specific goods and the seller is bound to do something to the goods, for the purpose of putting them into a deliverable state, the property does not pass until such thing be done.

      Rule 3.  (1) When goods are delivered to the buyer “on sale or return,” or on other terms indicating an intention to make a present sale, but to give the buyer an option to return the goods instead of paying the price, the property passes to the buyer on delivery, but he may revest the property in the seller by returning or tendering the goods within the time fixed in the contract, or, if no time has been fixed, within a reasonable time.

      (2) When goods are delivered to the buyer on approval or on trial or on satisfaction, or other similar terms, the property therein passes to the buyer-

      (a) When he signifies his approval or acceptance to the seller or does any other act adopting the transaction;

      (b) If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time.

No property passes until goods are ascertained

Property in specific goods passes when parties so intend

Rules for ascertaining intention

Rules

Reservation of right of possession or property when goods are shipped

then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.

      Rule 4.  (1) Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.

      (2) Where, in pursuance of a contract to sell, the seller delivers the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to or holding for the buyer, he is presumed to have unconditionally appropriated the goods to the contract, except in the cases provided for in the next rule and in section 20. This presumption is applicable, although by the terms of the contract, the buyer is to pay the price before receiving delivery of the goods, and the goods are marked with the words “collect on delivery,” or their equivalents.

      Rule 5.  If the contract to sell requires the seller to deliver the goods to the buyer, or at a particular place, or to pay the freight or cost of transportation to the buyer, or to a particular place, the property does not pass until the goods have been delivered to the buyer or reached the place agreed upon.

Reservation of Right of Possession or Property when Goods Are Shipped.

      Sec. 20.  (1) Where there is a contract to sell specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of possession or property in the goods until certain conditions have been fulfilled. The right of possession or property may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer.

      (2) Where goods are shipped, and by the bill of lading the goods are deliverable to the seller or his agent, or to the order of the seller or of his agent, the seller thereby reserves the property in the goods. But if, except for the form of the bill of lading, the property would have passed to the buyer on shipment of the goods, the seller’s property in the goods shall be deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract.

      (3) Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the buyer or of his agent, but possession of the bill of lading is retained by the seller or his agent, the seller thereby reserves a right to the possession of the goods as against the buyer.

      (4) Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honor the bill of exchange, and if he wrongfully retains the bill of lading he acquires no added right thereby. If, however, the bill of lading provides that the goods are deliverable to the buyer or to the order of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill of lading, or goods from the buyer will obtain the property in the goods, although the bill of exchange has not been honored, provided that such purchaser has received delivery of the bill of lading indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful.

Sale by Auction.

      Sec. 21.  In the case of sale by auction-

      (1) Where goods are put up for sale by auction in lots, each lot is the subject of a separate contract of sale-

      (2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made, any bidder may retract his bid; and the auctioneer may withdraw the goods from sale unless the auction has been announced to be without reserve.

      (3) A right to bid may be reserved expressly by or on behalf of the seller.

      (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf, or for the auctioneer to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. Any sale contravening this rule may be treated as fraudulent by the buyer.

Risk of Loss.

      Sec. 22.  Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not, except that-

      (a) Where delivery of the goods has been made to the buyer, or to a bailee for the buyer, in pursuance of the contract and the property in the goods has been retained by the seller merely to secure performance by the buyer of his obligations, under the contract, the goods are at the buyer’s risk from the time of such delivery.

      (b) Where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.

Reservation of right

Sale by auction

Risk of loss

Sale by a person not the owner

Sale by one having a voidable title

Sale by seller in possession of goods already sold

Creditors’ rights against sold goods in seller’s possession

Definition of negotiable documents of title

fault as regards any loss which might not have occurred but for such fault.

transfer of title

Sale by a Person Not the Owner.

      Sec. 23.  (1) Subject to the provisions of this act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell.

      (2) Nothing in this act, however, shall affect-

      (a) The provisions of any factor’s acts, recording acts, or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof.

      (b) The validity of any contract to sell or sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction.

Sale by One Having a Voidable Title.

      Sec. 24.  Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith, for value, and without notice of the seller’s defect of title.

Sale by Seller in Possession of Goods Already Sold.

      Sec. 25.  Where a person having sold goods continues in possession of the goods, or of negotiable documents of title to the goods, the delivery or transfer by that person, or by an agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, to any person receiving and paying value for the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.

Creditors’ Rights Against Sold Goods in Seller’s Possession.

      Sec. 26.  Where a person having sold goods continues in possession of the goods, or of negotiable documents of title to the goods and such retention of possession is fraudulent in fact or is deemed fraudulent under any rule of law, a creditor or creditors of the seller may treat the sale as void.

Definition of Negotiable Documents of Title.

      Sec. 27.  A document of title in which it is stated that the goods referred to therein will be delivered to the bearer, or to the order of any person named in such document, is a negotiable document of title.

Negotiation of Negotiable Documents by Delivery.

      Sec. 28.  A negotiable document of title may be negotiated by delivery-

      (a) Where by the terms of the document the carrier, warehouseman, or other bailee issuing the same undertakes to deliver the goods to the bearer, or

      (b) Where by the terms of the document the carrier, warehouseman or other bailee issuing the same undertakes to deliver the goods to the order of a specified person, and such person or a subsequent indorsee of the document has indorsed it in blank or to bearer.

      Where by the terms of a negotiable document of title the goods are deliverable to bearer or where a negotiable document of title has been indorsed in blank or to bearer, any holder may indorse the same to himself or to any other specified person, and in such case the document shall thereafter be negotiated only by the indorsement of such indorsee.

      Negotiation of Negotiable Documents by Indorsement.

      Sec. 29.  A negotiable document of title may be negotiated by the indorsement of the person to whose order the goods are by the terms of the document deliverable. Such indorsement may be in blank, to bearer or to a specified person. If indorsed to a specified person, it may be again negotiated by the indorsement of such person in blank to bearer, or to another specified person. Subsequent negotiation may be made in like manner.

Negotiable Documents of Title Marked “Not Negotiable.”

      Sec. 30.  If a document of title which contains an undertaking by a carrier, warehouseman, or other bailee to deliver the goods to the bearer, to a specified person or order, or to the order of a specified person, or which contains words of like import, has placed upon it the words “not negotiable,” “non-negotiable,” or the like, such a document may nevertheless be negotiated by the holder and is a negotiable document of title within the meaning of this act. But nothing in this act contained shall be construed as limiting or defining the effect upon the obligations of the carrier, warehouseman, or other bailee issuing a document of title of placing thereon the words “not negotiable,” “non-negotiable,” or the like.

Transfer of Non-Negotiable Documents.

      Sec. 31.  A document of title which is not in such form that it can be negotiated by delivery may be transferred by the holder by delivery to a purchaser or donee. A non-negotiable document cannot be negotiated and the indorsement of such a document gives the transferee no additional right.

Who May Negotiate a Document.

      Sec. 32.  A negotiable document of title may be negotiated-

      (a) By the owner thereof, or

      (b) By any person to whom the possession or custody of the document has been entrusted by the owner, if, by the terms of the document the bailee issuing the document undertakes to deliver the goods to the order of the person to whom the possession or custody of the document has been entrusted, or if at the time of such entrusting the document is in such form that it may be negotiated by delivery.

Negotiation of negotiable documents by delivery

Negotiation of negotiable documents by indorsement

Negotiable documents of title marked “not negotiable”

Transfer of non-negotiable documents

Who may negotiate a document

Rights of person to whom document has been negotiated

Rights of person to whom document has been transferred

Transfer of negotiable document without indorsement

Warranties on sale of document

possession or custody of the document has been entrusted, or if at the time of such entrusting the document is in such form that it may be negotiated by delivery.

Rights of Person to Whom Document Has Been Negotiated.

      Sec. 33.  A person to whom a negotiable document of title has been duly negotiated acquires thereby-

      (a) Such title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value and also such title to the goods as the person to whose order the goods were to be delivered by the terms of the document had or had ability to convey to a purchaser in good faith for value, and

      (b) The direct obligation of the bailee issuing the document to hold possession of the goods for him according to the terms of the document as fully as if such bailee had contracted directly with him.

Rights of Person to Whom Document Has Been Transferred.

      Sec. 34.  A person to whom a document of title has been transferred, but not negotiated, acquires thereby, as against the transferor, the title to the goods, subject to the terms of any agreement with the transferor.

      If the document is non-negotiable such person also acquires the right to notify the bailee who issued the document of the transfer thereof and thereby to acquire the direct obligation of such bailee to hold possession of the goods for him according to the terms of the document.

      Prior to the notification of such bailee by the transferor or transferee of a non-negotiable document of title, the title of the transferee to the goods and the right to acquire the obligation of such bailee may be defeated by the levy of an attachment or execution upon the goods by a creditor of the transferor, or by a notification to such bailee by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.

Transfer of Negotiable Document Without Indorsement.

      Sec. 35.  Where a negotiable document of title is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to endorse the document unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made.

Warranties on Sale of Document.

      Sec. 36.  A person who for value negotiates or transfers a document of title by indorsement or delivery, including one who assigns for value a claim secured by a document of title unless a contrary intention appears, warrants-

      (a) That the document is genuine;

      (b) That he has a legal right to negotiate or transfer it;

      (c) That he has knowledge of no fact which would impair the validity or worth of the document, and

      (d) That he has a right to transfer the title to the goods and that the goods are merchantable or fit for a particular purpose, whenever such warranties would have been implied if the contract of the parties had been to transfer without a document of title the goods represented thereby.

Indorser Not a Guarantor.

      Sec. 37.  The indorsement of a document of title shall not make the indorser liable for any failure on the part of the bailee who issued the document or previous indorsers thereof to fulfil their respective obligations.

When Negotiations Not Impaired by Fraud, Mistake, or Duress.

      Sec. 38.  The validity of the negotiation of a negotiable document of title is not impaired by the fact that the negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the document was induced by fraud, mistake, or duress to entrust the possession or custody thereof to such person, if the person to whom the document was negotiated or a person to whom the document was subsequently negotiated paid value therefor, without notice of the breach of duty, or fraud, mistake, or duress.

Attachment or Levy upon Goods for Which a Negotiable Document Has Been Issued.

      Sec. 39.  If goods are delivered to a bailee by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner and a negotiable document of title is issued for them they cannot thereafter, while in the possession of such bailee, be attached by garnishment or otherwise or be levied upon under an execution unless the document be first surrendered to the bailee or its negotiation enjoined. The bailee shall in no case be compelled to deliver up the actual possession of the goods until the document is surrendered to him or impounded by the court.

Creditors’ Remedies to Reach Negotiable Documents.

      Sec. 40.  A creditor whose debtor is the owner of a negotiable document of title shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such document or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.

PART III

Performance of the Contract

Seller Must Deliver, and Buyer Accept, Goods.

      Sec. 41.  It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract to sell or sale.

Indorser not a guarantor

When negotiations not impaired by fraud, mistake, or duress

Attachment or levy upon goods for which a negotiable document has been issued

Creditors’ remedies to reach negotiable documents

Seller must deliver, and buyer accept, goods

Delivery and payment are concurrent conditions

Place, time, and manner of delivery

Delivery of wrong quantity

Delivery and Payment Are Concurrent Conditions.

      Sec. 42.  Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

Place, Time, and Manner of Delivery.

      Sec. 43.  (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, or usage of trade to the contrary, the place of delivery is the seller’s place of business, if he have one, and if not, his residence; but in case of a contract to sell or a sale of specific goods, which to the knowledge of the parties when the contract or the sale was made were in some other place, then that place is the place of delivery.

      (2) Where by a contract to sell or a sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.

      (3) Where the goods at the time of sale are in possession of a third person, the seller has not fulfilled his obligation to deliver to the buyer unless and until such third person acknowledges to the buyer that he holds the goods on the buyer’s behalf; but as against all others than the seller the buyer shall be regarded as having received delivery from the time when such third person first has notice of the sale. Nothing in this section, however, shall affect the operation of the issue or transfer of any document of title to goods.

      (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact.

      (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state must be borne by the seller.

Delivery of Wrong Quantity.

      Sec. 44.  (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts or retains the goods so delivered, knowing that the seller is not going to perform the contract in full, he must pay for them at the contract rate. If, however, the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full, the buyer shall not be liable for more than the fair value to him of the goods so received.

      (2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole.

may reject the whole. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate.

      (3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.

      (4) The provisions of this section are subject to any usage of trade, special agreement, or course of dealing between parties.

Delivery in Installments.

      Sec. 45.  (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by installments.

      (2) Where there is a contract to sell goods to be delivered by stated installments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more installments, or the buyer neglects or refuses to take delivery of or pay for one or more installments, it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation, but not to a right to treat the whole contract as broken.

Delivery to a Carrier on Behalf of the Buyer.

      Sec. 46.  (1) Where, in pursuance of a contract to sell or a sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer, except in the cases provided for in section 19, rule 5, or unless a contrary intent appears.

      (2) Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case. If the seller omits so to do, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible in damages.

      (3) Unless otherwise agreed, where goods are sent by the seller to the buyer under circumstances in which the seller knows or ought to know that it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such transit.

Right to Examine the Goods.

      Sec. 47.  (1) Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.

Delivery in installments

Delivery to a carrier on behalf of the buyer

Right to examine the goods

Right to examine goods

What constitutes acceptance

Acceptance does not bar action for damages

Buyer is not bound to return goods wrongly delivered

Buyer’s liability for failing to accept delivery

opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.

      (2) Unless otherwise agreed, when the seller tenders delivery of goods to the buyer, he is bound, on request, to afford the buyer a reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract.

      (3) Where goods are delivered to a carrier by the seller, in accordance with an order from or agreement with the buyer, upon the terms that the goods shall not be delivered by the carrier to the buyer until he has paid the price, whether such terms are indicated by marking the goods with the words “collect on delivery,” or otherwise, the buyer is not entitled to examine the goods before payment of the price in the absence of agreement permitting such examination.

What Constitutes Acceptance.

      Sec. 48.  The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.

Acceptance Does Not Bar Action for Damages.

      Sec. 49.  In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or sale. But, if, after acceptance of the goods, the buyer fail to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know, of such breach, the seller shall not be liable thereunder.

Buyer Is Not Bound to Return Goods Wrongly Delivered.

      Sec. 50.  Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept them.

Buyer’s Liability for Failing to Accept Delivery.

      Sec. 51.  When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods. If the neglect or refusal of the buyer to take delivery amounts to a repudiation or breach of the entire contract, the seller shall have the rights against the goods and on the contract hereinafter provided in favor of the seller when the buyer is in default.

hereinafter provided in favor of the seller when the buyer is in default.

PART IV

Rights of Unpaid Seller Against the Goods

Definition of Unpaid Seller.

      Sec. 52.  (1) The seller of goods is deemed to be an unpaid seller within the meaning of this act-

      (a) When the whole of the price has not been paid or tendered.

      (b) When a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has been broken by reason of the dishonor of the instrument, the insolvency of the buyer, or otherwise.

      (2) In this part of this act the term “seller” includes an agent of the seller to whom the bill of lading had been indorsed, or a consignor or agent who has himself paid, or is directly responsible for, the price, or of any other person who is in the position of a seller.

Remedies of an Unpaid Seller.

      Sec. 53.  (1) Subject to the provisions of this act, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has-

      (a) A lien on the goods or right to retain them for the price while he is in possession of them;

      (b) In case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them;

      (c) A right of resale as limited by this act;

      (d) A right to rescind the sale as limited by this act.

      (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu where the property has passed to the buyer.

unpaid seller’s lien

When Right of Lien May Be Exercised.

      Sec. 54.  (1) Subject to the provisions of this act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely:

      (a) Where the goods have been sold without any stipulation as to credit;

      (b) Where the goods have been sold on credit, but the term of credit has expired;

      (c) Where the buyer becomes insolvent.

      (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.

Definition of unpaid seller

Remedies of an unpaid seller

When right of lien may be exercised

Lien after part delivery

When lien is lost

Seller may stop goods on buyer’s insolvency

When goods are in transit

Lien After Part Delivery.

      Sec. 55.  Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an intent to waive the lien or right of retention.

When Lien Is Lost.

      Sec. 56.  (1) The unpaid seller of goods loses his lien thereon-

      (a) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the property in the goods or the right to the possession thereof;

      (b) When the buyer or his agent lawfully obtains possession of the goods;

      (c) By waiver thereof.

      (2) The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained judgment or decree for the price of the goods.

stoppage in transitu

Seller May Stop Goods on Buyer’s Insolvency.

      Sec. 57.  Subject to the provisions of this act, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession.

When Goods Are in Transit.

      Sec. 58.  (1) Goods are in transit within the meaning of section 57-

      (a) From the time when they are delivered to a carrier by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee;

      (b) If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them even if the seller has refused to receive them back.

      (2) Goods are no longer in transit within the meaning of section 57-

      (a) If the buyer, or his agent in that behalf, obtains delivery of the goods before their arrival at the appointed destination;

      (b) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent; and it is immaterial that a further destination for the goods may have been indicated by the buyer;

      (c) If the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf.

      (3) If the goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case, whether they are in the possession of the master as a carrier or as agent of the buyer.

      (4) If part delivery of the goods has been made to the buyer, or his agent in that behalf, the remainder of the goods may be stopped in transitu, unless such part delivery has been made under such circumstances as to show an agreement with the buyer to give up possession of the whole of the goods.

Ways of Exercising the Right to Stop.

      Sec. 59.  (1) The unpaid seller may exercise his right of stoppage in transitu either by obtaining actual possession of the goods or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may prevent a delivery to the buyer.

      (2) When notice of stoppage in transitu is given by the seller to the carrier or other bailee in possession of the goods, he must redeliver the goods to, or according to the directions of, the seller. The expenses of such delivery must be borne by the seller. If, however, a negotiable document of title representing the goods has been issued by the carrier or other bailee, he shall not be obliged to deliver or justified in delivering the goods to the seller unless such document is first surrendered for cancelation.

resale by the seller

When and How Resale May Be Made.

      Sec. 60.  (1) Where the goods are of a perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods. He shall not thereafter be liable to the original buyer upon the contract to sell or the sale or for any profit made by such resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract or the sale.

      (2) Where a resale is made, as authorized in this section, the buyer acquires a good title as against the original buyer.

      (3) It is not essential to the validity of a resale that notice of an intention to resell the goods be given by the seller to the original buyer. But where the right to resell is not based on the perishable nature of the goods or upon an express provision of the contract or the sale, the giving or failure to give such notice shall be relevant in any issue involving the question whether the buyer had been in default an unreasonable time before the resale was made.

Ways of exercising the right to stop

When and how resale may be made

When and how the seller may rescind the sale

Effect of sale of goods subject to lien or stoppage in transitu

such notice shall be relevant in any issue involving the question whether the buyer had been in default an unreasonable time before the resale was made.

      (4) It is not essential to the validity of a resale that notice of the time and place of such resale should be given by the seller to the original buyer.

      (5) The seller is bound to exercise reasonable care and judgment in making a resale, and subject to this requirement may make a resale either by public or private sale.

rescission by the seller

When and How the Seller May Rescind the Sale.

      Sec. 61.  (1) An unpaid seller having a right of lien or having stopped the goods in transitu, may rescind the transfer of title and resume the property in the goods, where he expressly reserved the right to do so in case the buyer should make default, or where the buyer has been in default in the payment of the price an unreasonable time. The seller shall not thereafter be liable to the buyer upon the contract to sell or the sale, but may recover from the buyer damages for any loss occasioned by the breach of the contract or the sale.

      (2) The transfer of title shall not be held to have been rescinded by an unpaid seller until he has manifested by notice to the buyer or by some other overt act an intention to rescind. It is not necessary that such overt act should be communicated to the buyer, but the giving or failure to give notice to the buyer of the intention to rescind shall be relevant in any issue involving the question whether the buyer had been in default an unreasonable time before the right of rescission was asserted.

Effect of Sale of Goods Subject to Lien or Stoppage in Transitu.

      Sec. 62.  Subject to the provisions of this act, the unpaid seller’s right of lien or stoppage in transitu is not affected by any sale, or other disposition of the goods which the buyer may have made, unless the seller has assented thereto.

      If, however, a negotiable document of title has been issued for goods, no seller’s lien or right of stoppage in transitu shall defeat the right of any purchaser for value in good faith to whom such document has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier, or other bailee who issued such document, of the seller’s claim to a lien or right of stoppage in transitu.

PART V

Actions for Breach of the Contract

remedies of the seller

Action for the Price.

      Sec. 63.  (1) Where, under a contract to sell or a sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods.

wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods.

      (2) Where, under a contract to sell or a sale, the price is payable on a day certain, irrespective of delivery or of transfer of title, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract. But it shall be a defense to such an action that the seller at any time before judgment in such action has manifested an inability to perform the contract or the sale on his part or an intention not to perform it.

      (3) Although the property in the goods has not passed, if they cannot readily be resold for a reasonable price, and if the provisions of section 64 (4) are not applicable, the seller may offer to deliver the goods to the buyer, and, if the buyer refuses to receive them, may notify the buyer that the goods are thereafter held by the seller as bailee for the buyer. Thereafter the seller may treat the goods as the buyer’s and may maintain an action for the price.

Action for Damages for Nonacceptance of the Goods.

      Sec. 64.  (1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance.

      (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer’s breach of contract.

      (3) Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.

      (4) If, while labor or expense of material amount are necessary on the part of the seller to enable him to fulfil his obligations under the contract to sell or the sale, the buyer repudiates the contract or the sale, or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for no greater damages than the seller would have suffered if he did nothing towards carrying out the contract or the sale after receiving notice of the buyer’s repudiation or countermand. The profit the seller would have made if the contract or the sale had been fully performed shall be considered in estimating such damages.

When Seller May Rescind Contract or Sale.

      Sec. 65.  Where the goods have not been delivered to the buyer, and the buyer has repudiated the contract to sell or sale, or has manifested his inability to perform his obligations thereunder, or has committed a material breach thereof, the seller may totally rescind the contract or the sale by giving notice of his election so to do to the buyer.

Action for the price

Action for damages for nonacceptance of the goods

When seller may rescind contract or sale

Action for converting or detaining goods

Action for failing to deliver goods

Specific performance

Remedies for breach of warranty

thereunder, or has committed a material breach thereof, the seller may totally rescind the contract or the sale by giving notice of his election so to do to the buyer.

REMEDIES OF THE BUYER

Action for Converting or Detaining Goods.

      Sec. 66.  Where the property in the goods has passed to the buyer and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain any action allowed by law to the owner of goods of similar kind when wrongfully converted or withheld.

Action for Failing to Deliver Goods.

      Sec. 67.  (1) Where the property in the goods has not passed to the buyer, and the seller wrongfully neglects or refuses to deliver the goods, the buyer may maintain an action against the seller for damages for nondelivery.

      (2) The measure of damages is the loss directly and naturally resulting in the ordinary course of events, from the seller’s breach of contract.

      (3) Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.

Specific Performance.

      Sec. 68.  Where the seller has broken a contract to deliver specific or ascertained goods, a court having the powers of a court of equity may, if it thinks fit, on the application of the buyer, by its judgment or decree direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price, and otherwise, as to the court may seem just.

Remedies for Breach of Warranty.

      Sec. 69.  (1) Where there is a breach of warranty by the seller, the buyer may, at his election-

      (a) Accept or keep the goods and set up against the seller, the breach of warranty by way of recoupment in diminution or extinction of the price;

      (b) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty;

      (c) Refuse to accept the goods, if the property therein has not passed, and maintain an action against the seller for damages for the breach of warranty;

      (d) Rescind the contract to sell or the sale and refuse to receive the goods, or if the goods have already been received, return them or offer to return them to the seller and recover the price or any part thereof which has been paid.

return them or offer to return them to the seller and recover the price or any part thereof which has been paid.

      (2) When the buyer has claimed and been granted a remedy in any one of these ways, no other remedy can thereafter be granted.

      (3) Where the goods have been delivered to the buyer, he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods, or if he fails to notify the seller within a reasonable time of the election to rescind, or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the property was transferred to the buyer. But if deterioration or injury of the goods is due to the breach of warranty, such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale.

      (4) Where the buyer is entitled to rescind the sale and elects to do so the buyer shall cease to be liable for the price upon returning or offering to return the goods. If the price or any part thereof has already been paid, the seller shall be liable to repay so much thereof as has been paid, concurrently with the return of the goods, or immediately after an offer to return the goods in exchange for repayment of the price.

      (5) Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to secure the repayment of any portion of the price which has been paid, and with the remedies for the enforcement of such lien allowed to an unpaid seller by section 53.

      (6) The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.

      (7) In the case of breach of warranty of quality, such loss, in the absence of special circumstances showing proximate damage of a greater amount, is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.

Interest and Special Damages.

      Sec. 70.  Nothing in this act shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.

PART VI

Interpretation

Variation of Implied Obligations.

      Sec. 71.  Where any right, duty, or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale.

Remedies for breach of warranty

Interest and special damages

Variation of implied obligations

Rights may be enforced by action

Rule for cases not provided for by this act

Interpretation shall give effect to purpose of uniformity

Provisions not applicable to mortgages

Definitions

be negatived or varied by express agreement or by the course of dealing between the parties, or by custom, if the custom be such as to bind both parties to the contract or the sale.

Rights May Be Enforced by Action.

      Sec. 72.  Where any right, duty or liability is declared by this act, it may, unless otherwise by this act provided, be enforced by action.

Rule for Cases Not Provided for by This Act.

      Sec. 73.  In any case not provided for in this act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress, or coercion, mistake, bankruptcy, or other invalidating cause, shall continue to apply to contracts to sell and to sales of goods.

Interpretation Shall Give Effect to Purpose of Uniformity.

      Sec. 74.  This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

Provisions Not Applicable to Mortgages.

      Sec. 75.  The provisions of this act relating to contracts to sell and to sales do not apply, unless so stated, to any transaction in the form of a contract to sell or a sale which is intended to operate by way of mortgage, pledge, charge, or other security.

Definitions.

      Sec. 76.  (1) In this act, unless the context or subject-matter otherwise requires-

      “Action” includes counterclaim, set-off, and suit in equity.

      “Buyer” means a person who buys or agrees to buy goods, or any legal successor in interest of such person.

      “Defendant” includes a plaintiff against whom a right of set-off or counterclaim is asserted.

      “Delivery” means voluntary transfer of possession from one person to another.

      “Divisible contract to sell or sale” means a contract to sell or a sale in which by its terms the price for a portion or portions of the goods less than the whole is fixed or ascertainable by computation.

      “Document of title to goods” includes any bill of lading, dock warrant, warehouse receipt, or order for the delivery of goods, or any other document used in the ordinary course of business, in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, goods represented by such document.

      “Fault” means wrongful act or default.

      “Fungible goods” means goods of which any unit is from its nature or by mercantile usage treated as the equivalent of any other unit.

      “Future goods” means goods to be manufactured or acquired by the seller after the making of the contract of sale.

      “Goods” include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

      “Order” in sections of this act relating to documents of title means an order by indorsement on the document.

      “Person” includes a corporation or partnership, or two or more persons having a joint or common interest.

      “Plaintiff” includes defendant asserting a right of set-off or counterclaim.

      “Property” means the general property in goods, and not merely a special property.

      “Purchaser” includes mortgagee and pledgee.

      “Purchases” includes taking as a mortgagee or as a pledgee.

      “Quality of goods” includes their state or condition.

      “Sale” includes a bargain and sale as well as a sale and delivery.

      “Seller” means a person who sells or agrees to sell goods, or any legal successor in the interest of such person.

      “Specific goods” means goods identified and agreed upon at the time a contract to sell or a sale is made.

      “Value” is any consideration sufficient to support a simple contract. An antecedent or preexisting claim, whether for money or not, constitutes value where goods or documents of titles are taken either in satisfaction thereof or as security therefor.

      (2) A thing is done “in good faith” within the meaning of this act when it is in fact done honestly, whether it be done negligently or not.

      (3) A person is “insolvent” within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not.

      (4) Goods are in a “deliverable state” within the meaning of this act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them.

Act Does Not Apply to Existing Sales or Contracts to Sell.

      Sec. 76a.  None of the provisions of this act shall apply to any sale, or to any contract to sell, made prior to the taking effect of this act.

Definitions

Act does not apply to existing sales or contracts to sell

No repeal of uniform warehouse receipt act or certain other named acts

Inconsistent legislation repealed

Time when the act takes effect

Name of act

No Repeal of Uniform Warehouse Receipt Act or Certain Other Named Acts.

      Sec. 76b.  Nothing in this act or in any repealing clause thereof shall be construed to repeal or limit any of the provisions of the act to make uniform the law of warehouse receipts, or what is known as the bulk sales act, being sections 3908 to 3912, inclusive, of the Revised Laws of Nevada, or the law relating to the mortgage of personal property.

Inconsistent Legislation Repealed.

      Sec. 77.  All acts or parts of acts inconsistent with this act are hereby repealed, except as provided in section 76b.

Time When the Act Takes Effect.

      Sec. 78.  This act shall take effect on the first day of April, one thousand nine hundred and fifteen.

Name of Act.

      Sec. 79.  This act may be cited as the Uniform Sales Act.

Preamble

Appropriation, $3,500

Duties of controller and treasurer

Chap. 160–An Act to pay the deficiency in the appropriation made to the state agricultural society for the year 1914.

[Approved March 18, 1915]

      Whereas, The state agricultural society incurred an indebtedness of thirty-five hundred dollars on conducting a state fair during the year 1914 over and above the appropriation made by the State of Nevada for that year:

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

Assembly, do enact as follows:

      Section 1.  The sum of thirty-five hundred dollars is hereby appropriated, out of any moneys in the general fund of the state, for the payment of the deficiency in the appropriation made to the state agricultural society for the year 1914.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of the president of the board of directors of the state agricultural society for the sum of thirty-five hundred dollars specified in this act, and the state treasurer is directed to pay the same.

Chap. 161–An Act to amend “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  Section 285 of the above-entitled act, same being section 5227, Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 285.  Upon a trial of a question of fact by the court, its decision must be given within thirty days after the cause is submitted for decision. The court may, however, at any time before a notice of appeal is served and filed, or before a motion for a new trial is ruled upon, if such motion is made, add to or modify the findings in any respect, so as to make the same conform to the issues presented by the pleadings, and to the evidence adduced at the trial. No such additions to, or modifications of, the findings shall be made unless a notice in writing specifying generally the additions or modifications desired shall have been served on the adverse party or his attorney of record.

Question of fact must be decided by court within 30 days

Chap. 162–An Act to pay a deficiency in the appropriation for the support of the state fish commission, for the years nineteen thirteen and nineteen fourteen.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  The sum of forty-four hundred and sixteen dollars and seventy cents ($4,416.70) is hereby appropriated, out of any moneys in the general fund of the state, for the payment of this deficiency in the appropriation for the support of the state fish commission, for the years nineteen thirteen and nineteen fourteen, as follows: May, 1914, $436; June, $438.45; July, $626.02; August, $566; September, $495.64; October, $561.23; November, $515.90; December, $777.46.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of the state fish commission for the several amounts specified in this act, and the state treasurer is hereby directed to pay the same.

$4,416.70 for relief of fish commission

Duties of controller and treasurer

Chap. 163–An Act to amend section 405 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 17, 1911.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  Section 405 of said act is amended so as to read as follows:

      Section 405.  If the appeal be from a judgment or order directing the payment of money, or from an order dissolving or refusing to dissolve an attachment, it shall not stay the execution of the judgment or order unless a written undertaking be executed on the part of the appellant, by two or more sufficient sureties, stating their place of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order,

Appeal not to stay execution unless sureties filed

Appeal not to stay in execution, when

Regulations regarding undertaking

in the judgment or order, or double the sum of the value of the property attached, as the case may be; that if the judgment or order appealed from, or any part thereof, be affirmed, or such appeal be dismissed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part, and all damages and costs which shall be awarded against the appellant upon the appeal, and that if the appellant does not make such payment within thirty days after the filing of the remittitur from the supreme court, in the court in which the appeal is taken, judgment may be entered on motion of the respondent, in his favor against the sureties for such amount, together with the interest that may be due thereon and the damages and costs which may be awarded against the appellant upon the appeal. When the judgment or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section shall be drawn and made payable in the same kind of money or currency specified in said judgment or order, and in case of any appeal from an order dissolving or refusing to dissolve an attachment, such undertaking shall be conditioned that if the order appealed from or any part thereof be affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and costs caused by him by reason of said appeal and the stay of execution thereon.

Preamble

Appropriation, $61.31

Chap. 164–An Act for the relief of the Gray, Reid, Wright company.

[Approved March 18, 1915]

      Whereas, During the years 1911 and 1912 the Gray, Reid, Wright company of Reno, Nevada, did furnish to the Nevada state prison a quantity of supplies for which there is an unpaid balance of sixty-one and 31/100 ($61.31) dollars due to said company, which amount was not paid because the apportionment for said institution for said years was exhausted, or the balance had reverted to the general fund: now, therefore,

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

Assembly, do enact as follows:

      Section 1.  For the payment of the above-mentioned claim, the state controller is hereby authorized to issue his warrant to the Gray, Reid, Wright company of Reno, Nevada, for the sum of sixty-one and 31/100 ($61.31) dollars, and the state treasurer is directed to pay the same.

Chap. 165–An Act regulating appropriations and to prevent state officials and the chiefs or heads of boards, bureaus, commissions, departments, or institutions of the State of Nevada from exceeding the appropriations made by the legislature for their support, or for the support and benefit of such boards, bureaus, commissions, departments, and institutions.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  The sums appropriated for the various branches of expenditure in the public service of the state shall be applied solely to the objects for which they are respectively made, and for no others.

      Sec. 2.  It shall be unlawful for any state official, or any chairman, chief, or head of any board, bureau, commission, department, or institution of the State of Nevada to incur any outlay or expenditure in excess of the appropriation or appropriations made by the legislature for the support, use, and benefit of such official, board, bureau, commission, department, or institution, except in cases of extreme emergency, and then only by the unanimous vote of the state board of examiners.

      Sec. 3.  Any person violating the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than fifty dollars nor more than three hundred dollars.

Appropriations applied specifically

Deficiency created only by unanimous vote of state board of examiners

Penalty

Chap. 166–An Act to provide for the printing and distribution of the farmers’ and homeseekers’ bulletins hitherto issued by the bureau of industry, agriculture and irrigation, and other matters relating thereto.

[Approved March 18, 1915]

      Whereas, The displays of the resources of Nevada at the San Francisco and San Diego expositions are expected to result in a large number of requests for literature relative to the agricultural resources and opportunities for homeseekers in Nevada; and

      Whereas, The several farmers’ and homeseekers’ bulletins of the Nevada bureau of industry, agriculture and irrigation, hitherto issued, are admirably adapted to answer such inquirers and secure such homeseekers; and

      Whereas, The available number on hand of such publications is inadequate to meet such demand: now, therefore,

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

Assembly, do enact as follows:

      Section 1.  On and after April 1, 1915, the state engineer shall receive all mail addressed to the bureau of industry, agriculture and irrigation, immigration department, commissioner of agriculture, or similar designations, and where the same is a request for any bulletin hitherto issued by such bureau, or may be answered by the subject-matter of any such bulletin, he shall mail or cause to be mailed the same to such address.

Bulletins for the expositions

Inquiries from prospective settlers, how answered

State printer to print, when

Immigration fund created

How disbursed

Half price for literature; to go to state printing office fund

Repeal

agriculture and irrigation, immigration department, commissioner of agriculture, or similar designations, and where the same is a request for any bulletin hitherto issued by such bureau, or may be answered by the subject-matter of any such bulletin, he shall mail or cause to be mailed the same to such address. When any such inquiry can best be answered by any department of the University of Nevada or of the state government, he shall refer such correspondence to such department for reply.

      Sec. 2.  The state printer, on the order of the state engineer certifying that the copies for distribution of any such bulletin are exhausted or substantially exhausted, shall reprint such number of copies thereof as the state engineer with the approval of the state board of examiners may order, not exceeding ten thousand, and deliver the same to the state engineer.

      Sec. 3.  All furniture, office equipment, and other property of the bureau of industry, agriculture and irrigation, after April 1, 1915, shall be sold by the state board of capitol commissioners, and the proceeds of such sale shall be deposited in the state treasury in a fund to be known as the immigration fund, and none of such property shall be transferred temporarily or permanently to any other department of the state government except at its reasonable market value and in pursuance of chapter 187, Statutes of 1913, and in such instance the state engineer is authorized to receipt for the warrant provided for in section 2 of said chapter. All moneys in said immigration fund shall be subject to disbursement, exclusively, in payment for postage, envelopes, stationery, and wrappers, used in distributing the publications herein mentioned, and for the purchase of new cuts for illustrations, or colored covers when necessary, and all disbursements from immigration fund shall be on certificates of the state engineer, approved by the state board of examiners, and paid as other claims against the state are paid.

      Sec. 4.  Any person, company, corporation, or association engaged in colonizing lands in Nevada may apply for, and be entitled to receive, such number of copies of any such publication as desired, on payment to the state of one-half the actual cost of the publication thereof; and all moneys so paid shall be deposited in the state treasury to the credit of the appropriation in support of the state printing office.

      Sec. 5.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Chap. 167–An Act appropriating fifty dollars out of the legislative fund of the twenty-seventh session of the Nevada legislature, to be paid to James Reid, porter of the senate, and William Lear, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-seventh session.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  The sum of fifty dollars is hereby appropriated out of the legislative fund of the twenty-seventh session of the Nevada legislature, of which twenty-five dollars is to be paid to James Reid, porter of the senate, and twenty-five dollars to be paid to William Lear, porter of the assembly, for cleaning and putting in order the legislative chambers after adjournment of said twenty-seventh session.

      Sec. 2.  The state controller is hereby directed to draw his warrant in favor of the persons above named for the amounts specified in this act only upon the certificate of the secretary of state that the legislative chambers have been cleaned and put in order, and the state treasurer is hereby directed to pay the same.

$50 for porters of assembly and senate

Duties of controller and treasurer

Chap. 168–An Act for the relief of Thomas J. Edwards.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  The sum of seventy-one and 45/100 dollars is hereby appropriated, out of any funds not otherwise provided, for the relief of Thomas J. Edwards, clerk of the United States district court for the district of Nevada, the said sum being for fees due to said Thomas J. Edwards, accrued in various cases in the said court, in which the railroad and public service commissions of Nevada were parties.

      Sec. 2.  Upon presentation of claims for the above amount, duly approved by the state board of examiners, the state controller is authorized and directed to draw his warrant for said amount, and the state treasurer is likewise authorized and directed to pay the same.

Relief of T. J. Edwards-$71.45

Board of examiners to approve

Minors in state prison may be sent to school of industry

Chap. 169–An Act concerning minor inmates of the Nevada state prison.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  The board of parole commissioners of this state is authorized, in its discretion, to transfer to the Nevada school of industry any minor persons who are now, or hereafter may be, inmates of the Nevada state prison.

Raising salary of deputy controller, deputy treasurer, and deputy surveyor-general

Repeal

Chap. 170–An Act fixing the salaries and compensation of the deputy state controller, deputy state treasurer, and deputy surveyor-general, and repealing all acts and parts of acts in conflict herewith.

[Approved March 18, 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 deputy state controller shall receive a salary of twenty-four hundred ($2,400) dollars per annum; the deputy state treasurer shall receive a salary of twenty-four hundred ($2,400) dollars per annum; and the deputy surveyor-general shall receive a salary of twenty-four hundred ($2,400) dollars per annum, payable out of the state school fund. All the foregoing salaries shall be paid in equal monthly installments, as the salaries of other state officers are paid.

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

Deficiencies for tax commission; parties and sums named

Chap. 171–An Act for the relief of sundry persons for expenses incurred by the Nevada tax commission during the years 1913-1914, under authority of the state board of examiners, by resolution dated April 2, 1914.

[Approved March 18, 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 any moneys in the state treasury not otherwise appropriated, the sum of three thousand eight hundred and eighty-nine dollars and thirty-nine cents ($3,889.39), to be paid as follows: Will Knippenberg, $345; Thos. F. O’Brien, $400; W.T. Moran, $310; J. E. Monahan, $640.25; C. C. Taylor, $417.65; Nellie B. Milligan, $750; George D. Smith, $97.50; E. D. Bowles, $21.75: C. J.

Young, $25; J. A. Barry, $180; Western Union telegraph company, $114.07; Truckee River general electric company, $7; Nevada Consolidated telephone and telegraph company, $55.09; Mrs. K. A. Raftice, $21.15; theWhite company, $15.87; Nevada printing company, $17; F. L. Wildes, receiver, $180; C. H. Colburn, $8.60; Emmet D. Boyle, $154.05; Wells, Fargo & Co., $8.16; Erle R. White, $4; Southern Pacific company, $90; William M. Heidenreich, $1.50; Nevada Press company, $7.50; J. A. Muller, $2.10; Kitzmeyer’s drug store, 90 cents; F. L. Winter, 25 cents; Green, Stalnaker & Lake, $3; Remington Typewriter company, $7; National tax association, $5.

      Sec. 2.  The state controller is hereby directed to draw his warrant for the several amounts, payable to the several parties named in section 1 of this act, and the state treasurer is hereby directed to pay the same.

Duties of controller and treasurer

Chap. 172–An Act to transfer to the state general fund sundry items now standing to the credit of various other funds on the books of the state controller.

[Approved March 18, 1915]

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 transfer to the state general fund the amounts set opposite the following special funds, as they now appear upon his books: Nevada state police, horses, $2,462; state prison, buildings, $73,945.80; state prison, repairing walls, $11,856.70; state prison, new building and grounds, $99,089.65; state prison, machinery, $43,396.25; state land office, filing-cases, $2.73; concrete floor, basement of library, $8.22; governor’s mansion, additional lands, $1,000; Carey act, support, $100; mine inspector, helmets, $388.19; hydrographic surveys, $5,000; Lincoln County, relief, $4,486.90.

Certain sums transferred to state general fund

Chap. 173–An Act to create a fund to be known as the “University Revolving Fund,” and appropriating money therefor.

[Approved March 18, 1915]

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

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated from the money coming into the treasury of the State of Nevada, which by force of statute, tax, or otherwise, is intended for the support of the University of Nevada or any of its departments, the sum of $20,000, to be known as the “University Revolving Fund.” Upon the written request of the board of regents of the University of Nevada, the controller of the State of Nevada is hereby directed and authorized to draw his warrant in favor of the board of regents of the University of Nevada for said sum of $20,000,

University revolving fund created

$20,000 appropriated

For current expenses of university only

board of regents of the University of Nevada for said sum of $20,000, and upon presentation of the same to the treasurer of the State of Nevada the said treasurer of the State of Nevada is hereby directed and authorized to pay said sum of $20,000 to said board of regents.

      Sec. 2.  Said “University Revolving Fund” shall be used by said board of regents for the purpose of paying the current expenses of maintaining and conducting the said university, and for no other purpose; and all bills or demands paid by said board of regents from said fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the State of Nevada, and when approved by said board of examiners the controller shall draw his warrant for the amount of such claim or claims, in favor of the university revolving fund, to be paid to the order of the board of regents.

Preamble

Appropriation, $40

Chap. 174–An Act for the relief of the Nevada printing company, publishers Carson City Daily Appeal.

[Approved March 18, 1915]

      Whereas, The Nevada printing company, publishers of the Carson City Daily Appeal, did in the month of March, 1914, under orders of Geo. B. Thatcher, attorney-general of the State of Nevada, print one twenty-eight-page brief and eighty additional copies thereof for the use of the said attorney-general in the case entitled Johannes Anderson v. State Engineer of the State of Nevada;

      Whereas, The said claim has been examined and allowed by the board of examiners of the State of Nevada in the amount of forty ($40) dollars; 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 Nevada printing company in the sum of ($40) dollars, and the state treasurer is directed to pay the same.

Chap. 175–An Act for the relief of the board of school trustees of school district No. 1 of Storey County, in Gold Hill, Nevada.

[Approved March 19, 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 moneys in the general fund of the state not otherwise appropriated, for the relief of the board of school trustees of school district No. 1 of Storey County,

state not otherwise appropriated, for the relief of the board of school trustees of school district No. 1 of Storey County, in Gold Hill, Nevada. The controller is hereby directed to draw his warrant for said sum of three hundred dollars in favor of said board of school trustees, and the state treasurer is directed to pay the same.

$300 for relief of Gold Hill school trustees

Chap. 176–An Act to provide for the maintenance and operating of the state agricultural experiment farm, situated at Logan, Clark County, Nevada, for the years 1915 and 1916.

[Approved March 19, 1915]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of maintaining and operating the state agricultural experiment farm, located at Logan, Clark County, Nevada, for the years 1915 and 1916, the sum of ten thousand dollars is hereby appropriated out of any money in the general fund not otherwise appropriated.

      Sec. 2.  The state controller is hereby directed to draw his warrants upon the state treasurer in favor of the claimants under this appropriation, when their claims have been approved by the board of control and by the state board of examiners, and the state treasurer is hereby directed to pay the same.

$10,000 for Logan experiment farm

Duties of controller and treasurer

Chap. 177–An Act making appropriations for the support of the civil government of the State of Nevada for the years 1915-1916.

[Approved March 19, 1915]

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

Assembly, do enact as follows:

      Section 1.  The following sums are hereby appropriated for the purpose hereinafter expressed, and for the support of the government of the State of Nevada for the years 1915-1916:

General appropriations for 1913-1914

Governor’s office

Lieutenant-governor’s office

Secretary of state’s office

Attorney-general’s office

State controller’s office

      Sec. 3.  Lieutenant-Governor and Adjutant-General’s Office.

      Sec. 4.  Secretary of State’s Office.

      Sec. 5.  Attorney-General and Mineral Land Commissioner’s Office.

      Sec. 6.  State Controller’s Office.

      Sec. 7.  State Treasurer’s Office.

      Sec. 8.  Surveyor-General’s Office.

      Sec. 9.  Inspector of Mines’ Office.

      Sec. 10.  Superintendent of State Printing.

State treasurer’s office

Surveyor-general’s office

Inspector of mines

Superintendent of state printing

Superintendents of public instruction

Bank examiner

Railroad commission

Public service commission

Tax commission

Fish commission

Board of health

      Sec. 11.  Superintendent of Public Instruction.

      Sec. 12.  Bank Examiner and Banking Board.

      Sec. 13.  Railroad Commission.

      Sec. 14.  Public Service Commission.

      Sec. 15.  Tax Commission.

      Sec. 16.  Fish Commission.

      Sec. 17.  Board of Health.

      Sec. 18.  Nevada State Police.

      Sec. 19.  State Engineer.

      Sec. 20.  State Prison.

      Sec. 21.  Nevada Hospital for Mental Diseases.

State police

State engineer

State prison

Hospital for mental diseases

State orphans’ home

Historical society

Miscellaneous

      Sec. 22.  State Orphans’ Home.

      Sec. 23.  Historical Society.

      Sec. 24.  Miscellaneous.

      Sec. 25.  Supreme Court.

      Sec. 26.  Clerk of the Supreme Court.

      Sec. 27.  District Judges.

Miscellaneous

Supreme court

Clerk of supreme court