[Rev. 12/19/2019 5:20:41 PM]
κ1917 Statutes of Nevada, Page 321 (CHAPTER 169)κ
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Sec. 33. It shall be the duty of the state highway engineer, upon the request of the board of county commissioners of any county, to take charge and supervise the construction of any county highways and the expenditures of moneys thereon when deemed advisable by such board of county commissioners. Sec. 34. The department of highways is hereby authorized to accept donations of moneys, labor and material to be expended or used upon the state highways at such points or places as may be designated by the donor. Sec. 35. All acts and parts of acts in conflict herewith are hereby repealed. |
Engineer to supervise county work, when
Department of highways may accept donations Repeal |
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Chap. 170An Act supplementary to an act entitled An act to incorporate Carson City, approved February 25, 1875, empowering the board of city trustees of said city by ordinance to fix a salary for the president and other members of the board of city trustees for the year 1917, and providing for the submission of such ordinance to the electors of said city for approval.
[Approved March 23, 1917]
Whereas, Extraordinary services will be imposed upon the board of city trustees of the city of Carson during the year 1917 by reason of the paving of Carson street, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The city trustees of the city of Carson are hereby authorized and empowered to adopt an ordinance fixing a salary for the president and other members of said board of city trustees for the year 1917; provided, such ordinance shall not prescribe a salary greater than six hundred dollars for the president of such board and not greater than three hundred dollars for the other members of such board; and provided, that such ordinance shall not take effect prior to the municipal election in said city in May, 1917. Sec. 2. Upon the filing with the city clerk of said city, not later than ten days before said municipal election, a petition signed by not less than ten per cent of the qualified electors of said city, the question of the approval or rejection of said ordinance shall be submitted to the electors of said city as prescribed in the constitution relative to the referendum. In the event a majority of the electors of said city vote against the approval of such ordinance then such ordinance shall be without force or effect. |
Preamble
Duty of trustees
Proviso
Referendum invoked |
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κ1917 Statutes of Nevada, Page 322κ
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Appropriation, how made |
Chap. 171An Act to provide for the administration of vocational education funds.
[Approved March 23, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state board of education, acting as a state vocational education board, shall appropriate money to local communities for the teaching of agriculture and of trades and industries and household economics subjects only on the basis of an equal contribution by each community for the purpose of such instruction organized under provisions acceptable to the federal board of vocational education. |
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Commission to levy tax |
Chap. 172An Act to amend an act entitled An act authorizing Lincoln County to fund and refund its existing indebtedness, and to repeal all acts and parts of acts in conflict herewith, approved March 5, 1907.
[Approved March 23, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of said act is hereby amended to read as follows: Section 3. The board of county commissioners shall cause to be assessed and levied each year, until the tenth year after the issue of said bonds, upon the taxable property in the county, in addition to the levy authorized for other purposes, a sufficient tax to pay the interest on outstanding bonds, issued in conformity to the provisions of this act, accruing before the next annual levy, and they shall cause to be assessed and levied, in the tenth year after the issue of such bonds, and each year thereafter, a tax sufficient to pay twenty-two (22) of the bonds then unpaid, and the interest upon all outstanding bonds; except that said board shall provide in the twenty-ninth year after the issue of said bonds, a tax sufficient to pay seventeen (17) of the said bonds and the interest to accrue upon the same; in addition to all taxes for other purposes, and the moneys arising from such assessments and levies shall be known as the Bond Fund, and shall be used only for the payment of bonds and interest coupons, and for no other purpose whatever; and the county treasurer shall open and keep in his books a separate and special account thereof, which shall at all times show the exact condition of said bond fund. Sec. 2. Section four of said act is hereby amended to read as follows: Section 4. Said bonds shall be paid in the order of their numbers, that is to say, from bond numbered one (1) to bond numbered four hundred and thirty-five (435), inclusive, serially, and in the manner following: |
κ1917 Statutes of Nevada, Page 323 (CHAPTER 172)κ
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numbers, that is to say, from bond numbered one (1) to bond numbered four hundred and thirty-five (435), inclusive, serially, and in the manner following: The county treasurer shall, not later than the first day of March in the year 1918 and annually thereafter, give notice by publication in a newspaper of general circulation in said Lincoln County, and also in a newspaper printed and published in the city of San Francisco, in the State of California, addressed To the holders of bonds of Lincoln County, Nevada, and listing the numbers of the bonds, according to their proper order, which will be paid with accrued interest, upon the first day of June of that year, and stating that said bonds will be paid in full by the county treasurer at his office in Lincoln County upon presentation of said bonds and all unpaid coupons pertaining thereto, which notice shall be so printed and published in said newspapers for eight (8) successive publications thereof, the last of which shall not be later than the first day of April in that year. The county treasurer shall in addition keep in his register of bonds entries of the dates on which all the bonds issued under this act shall become due, and such information shall be available on request to the public generally. On and after the first day of June fixed in said notice, the interest on the several bonds bearing the numbers so listed in said published notice shall cease, and the amount of money to pay, satisfy, and discharge the same, with interest to said date, shall be set aside from all other moneys in the hands of the county treasurer, to be held for the payment of said bonds and said interest when the same shall be presented. If said bonds are not so presented, the interest thereon shall, nevertheless, cease. Upon presentation of said bonds and all unpaid coupons pertaining thereto, the county treasurer shall mark the same paid and canceled, and thereupon make a complete record of the transaction in his office, including a list of the bonds and coupons by him paid and canceled. All redemptions and payments of bonds and payments of interest shall be by funds out of the funds set apart by said county treasurer pursuant to this act. |
Bonds, how paid
Duties of treasurer
When interest shall cease |
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Chap. 173An Act to amend an act entitled An act to amend section seven of an act entitled An act providing for a state loan and the refunding of the outstanding indebtedness of the state, approved March 11, 1913, approved March 20, 1913.
[Approved March 23, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: |
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κ1917 Statutes of Nevada, Page 324 (CHAPTER 173)κ
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Tax, how levied |
Section 1. Section seven of the above-entitled act is hereby amended so as to read as follows: Section 7. There shall be levied and collected for the fiscal year, commencing January 1, 1913, and annually thereafter until January 1, 1916, an ad valorem tax of one and one-half cents, and commencing January 1, 1916, and annually thereafter an ad valorem tax in such an amount as may by the legislature be deemed necessary to meet the interest and redemption requirements distributed over the then remaining life of the bonds. Such ad valorem tax shall be against all taxable property in the state, including net proceeds of mines, and all moneys from said taxes shall be paid into the state loan interest and redemption fund, created as aforesaid for the payment of the interest and the redemption of the bonds authorized by this act. |
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Commission from pari-mutuel betting, how disposed of |
Chap. 174An Act to amend an act entitled An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation therefor, approved February 20, 1915.
[Approved March 23, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of said act is amended to read as follows: Section 9. Any association or corporation conducting horse racing in the State of Nevada where pari-mutuels may be permitted shall take out such commission from all moneys received from the sale of pari-mutuels as may be prescribed by the state racing commission, not to exceed eight per cent; one-sixth of which shall be paid by said association or corporation daily to the said state racing commission, and shall be paid by said state racing commission to the state treasurer, which money shall be paid said state treasurer and placed in the state highway fund as defined by law, to be used by the department of highways in the building, improvement, and care of the state highways. It is hereby made the duty of the state racing commission, and they are hereby granted the power, to inspect the books of any such association or corporation and to revoke their licenses unless the said books are fully, accurately, and fairly kept. |
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κ1917 Statutes of Nevada, Page 325κ
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Chap. 175An Act to authorize the state board of examiners to issue bonds for the purpose of providing revenue to meet certain appropriations made in the general appropriation bill for the years 1917-1918; and other matters in relation thereto.
[Approved March 23, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state board of examiners is hereby authorized and empowered to prepare and issue bonds at such time or times during the years 1917-1918 as circumstances may require, for an amount not to exceed the sum of sixty-one thousand nine hundred and eighty-eight ($61,988) dollars, exclusive of interest, for the purpose of taking care of certain appropriations made in the general appropriation bill for the years 1917-1918, as hereinafter detailed. Sec. 2. The necessity for the issuance of any part or all of the bonds provided for in this act shall be determined by the state board of examiners. Sec. 3. Said bonds shall, when practicable, be each for the sum of five hundred ($500) dollars, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of five per cent per annum, payable semiannually, and shall be payable within twenty years from date of issuance. Bonds in lesser amounts than five hundred ($500) dollars may be issued when in the discretion of the state board of examiners such fractional bonds are deemed necessary or expedient. Sec. 4. Upon the issuance and execution of said bonds the same shall be sold and delivered to the state permanent school fund, university ninety-thousand-acre grant fund, or the university seventy-two-section grant fund, as money may be available and in the state treasury in said funds, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds and the proceeds thereof shall be placed in a fund to be known as General Appropriation Bond Fund. At least one-twentieth of the bonds provided for in this act, issued in any given year, shall be redeemed each year, commencing June 1, 1918, and annually thereafter on the same date. Sec. 5. For the year 1917 there shall be levied an ad valorem tax of three-tenths of one cent, for the year 1918 four-tenths of one cent, and annually thereafter such rate as may be found necessary to meet the bond interest and redemption requirements of this act as may be determined by the legislature, on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the General Appropriation Bond Interest and Redemption Fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. |
Duties of board of examiners
Examiners to determine necessity Amount and interest of bonds
Disposition of bonds
Tax, how levied |
κ1917 Statutes of Nevada, Page 326 (CHAPTER 175)κ
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Purpose of bonds |
the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the General Appropriation Bond Interest and Redemption Fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus. Sec. 6. The appropriations which the bonds herein provided for are intended to cover are those certain appropriations appearing in the general appropriation bill for 1917-1918 as follows: Section 12. University of Nevada. For installation of curbing and gutter on east side of Virginia street between Ninth and Tenth streets, 360 linear feet, $288. For deficit, University of Nevada, $30,000. Section 22. State Prison. For improvements, repairs, machinery, and stock for old prison and prison farm, $5,000. Section 24. State Orphans Home. For installation of oil-burner at state orphans home, $2,000. For swimming pool, amusements, etc., at the orphans home, $1,000. Section 26. Miscellaneous. For expenses of capitol and state printing buildings, grounds, and water-works, $3,000. For improvement of capitol corridors, $7,500. For repairs and improvements on capitol building, $6,000. For fireproofing state library, subject to investigation and approval by board of capitol commissioners, $7,200. |
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Preamble |
Chap. 176An Act to authorize the state board of examiners to issue bonds in certain emergencies during the years 1917-1918; and other matters in relation thereto.
[Approved March 23, 1917]
Whereas, Certain requirements of the federal highway act may necessitate the raising of state funds to permit the State of Nevada to participate therein, prior to the time when such funds will become available from regularly authorized sources; and Whereas, This session of the legislature has provided a health emergency fund of $10,000 by the provisions of assembly bill No. 167, which said fund may never be required, or required only in part; and Whereas, This session of the legislature has provided a military emergency fund of $25,000 by the provisions of assembly bill No. 172, which said fund may never be required, or required only in part; and Whereas, This session of the legislature has provided a state rabies fund of $70,000, a portion of which it is believed will be required prior to the time when such fund will become available from regularly authorized sources; and |
κ1917 Statutes of Nevada, Page 327 (CHAPTER 176)κ
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will be required prior to the time when such fund will become available from regularly authorized sources; and Whereas, The estimated requirements of the cost of operating the state government for the calendar year 1917 shows an excess of $75,000 over estimated receipts, all or a part of which may be required to maintain the state government on a cash basis; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state board of examiners is hereby authorized and empowered to prepare and issue bonds at such time or times during the years 1917-1918 as circumstances may require, for an amount not to exceed the sum of two hundred and ten thousand ($210,000) dollars, exclusive of interest, for the purpose of meeting certain emergencies as they may arise, which emergencies are detailed in this act. Sec. 2. The necessity for the issuance of any part or all of the bonds provided for in this act shall be determined by the state board of examiners. Sec. 3. Said bonds shall be each in the sum of five hundred ($500) dollars, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of five per cent per annum, payable semiannually, and shall be payable within twenty years from the date of issuance. Sec. 4. Upon the execution and issuance of said bonds the same shall be sold and delivered to the state permanent school fund, university ninety-thousand-acre grant fund, or the university seventy-two-section grant fund, as money may be available and in the state treasury in said funds, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds, and the proceeds thereof shall be placed in the state general fund. At least one-twentieth of the bonds provided for in this act, issued in any given year, shall be redeemed each year, commencing June 1, 1918, and annually thereafter on the same date. Sec. 5. For the year 1917 there shall be levied an ad valorem tax of one-half of one cent, for the year 1918 one and two-tenths cents, and annually thereafter such rate as may be found necessary to meet the bond interest and redemption requirements of this act as may be determined by the legislature, on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all money derived therefrom shall be paid into the Contingent Emergency Bond Interest and Redemption Fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. |
Duties of board of examiners
Examiners to determine necessity Amount and interest of bonds
Disposition of bonds
Tax, how levied |
κ1917 Statutes of Nevada, Page 328 (CHAPTER 176)κ
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Disposition of receipts |
Contingent Emergency Bond Interest and Redemption Fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided for in this act to the amount of such surplus. Sec. 6. The receipts from the sale of bonds herein provided shall be paid into the state general fund in the state treasury. |
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Tax commission created
How composed
Appointments made by governor |
Chap. 177An Act in relation to 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 23, 1917]
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 six commissioners. The chairman shall be the governor of the State of Nevada. One of the commissioners shall be one of the associate commissioners of the railroad commission of the State of Nevada, to be designated by the governor; one of the said commissioners shall be versed in and possess a practical knowledge and experience in the classification of land and the value thereof; one of said commissioners shall be versed in and possess a practical knowledge and experience in live stock and the value thereof; one of said commissioners shall be versed in and possess a practical knowledge and experience in the mining industry; one of the said commissioners shall be versed in and possess a practical knowledge and experience in business; one of said commissioners shall be versed in and possess a practical knowledge and experience in banking; each of said commissioners at the time of his appointment shall be actively engaged in the business of the department which he is chosen to represent on the commission. Said appointments shall be made by the governor, and not more than one of said commissioners shall be appointed from any one county in this state, and not more than a majority of the said commission shall be of the same political party. Three of said commissioners shall be appointed for a term of four years, and two of said commissioners for a term of two years, and upon the expiration of the terms for which the appointments are made all commissioners shall be appointed for terms of four years. The chairman and each of said commissioners shall have a vote upon all matters which shall come before said commission. |
κ1917 Statutes of Nevada, Page 329 (CHAPTER 177)κ
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said commission. Before entering upon his duties each of said commissioners, except the governor and the railroad commissioner, shall enter into a bond payable to the State of Nevada, to be approved by the board of examiners, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, and shall subscribe to the official oath. The commission shall appoint a secretary who shall give his entire time and attention to the duties of the office of secretary of the commission, and who shall be in charge of the office of the commission. 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 five 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 commission and 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 proceeding, 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 the 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 the 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
Powers of commission
Powers of tax commission specified
Original power of appraisement Rules |
κ1917 Statutes of Nevada, Page 330 (CHAPTER 177)κ
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Revenue officers must give information
Witnesses may be examined
Oaths
May examine corporation books
Budgets of county expenses |
tors 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. 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 commission; to require boards of county commissioners to increase or decrease the county tax rate of their respective counties to produce the net revenue estimated as necessary for the conduct of such county government, as appears from such budget; to require county boards of education and district school trustees and all school officers having control over any school expenditures in any district in which a special tax is to be levied during the current year, to submit a budget estimate of the expenses for which such tax is levied in such detail and form as may be required by the commission. To require cities, municipalities and towns and the governing boards thereof to submit budget estimates of the expenses for the government of such city, municipality or town for the current year, in such form and detail as may be required by the commission, and to require the governing boards of any municipality, city or town to increase or decrease the tax rate therein to produce the net revenue estimate for the conduct of such municipality, city or town in said budget. |
κ1917 Statutes of Nevada, Page 331 (CHAPTER 177)κ
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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, any county auditor or county treasurer to place upon the roll any property found to be escaping taxation. Tenth-The commission shall have the power to authorize the secretary to hold hearings or make investigations, and upon any such hearing the secretary shall have the authority to examine books, compel the attendance of witnesses, administer oaths and conduct investigations. 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. 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 oclock 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 session 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 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, five days personal service on, or registered 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. Special sessions may be held at such times and places and for such purposes as said commission may declare. 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, |
General supervision of revenue
Untaxed property to be on roll
Power and duties of secretary
Foregoing powers do not exclude Office at Carson City
Sessions
What is legal notice of session |
κ1917 Statutes of Nevada, Page 332 (CHAPTER 177)κ
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Commission to assess all live stock
Railroads, etc.
Franchises
Mile-unit valuation
Company defined
Tax commission and county assessors to sit as state board of equalization |
shall assess all live stock throughout the state, accepting the valuation per head for the year 1917, using the valuation theretofore established by the state board of equalization at its regular session held in August, 1916, 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 and fix the valuation of the franchise, 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. 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 this 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. |
κ1917 Statutes of Nevada, Page 333 (CHAPTER 177)κ
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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 of 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. 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 1917, and annually thereafter, said state board of equalization shall fix the valuation for assessment purposes per head of all live stock in the state; and such 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. |
Tax commission and county assessors to sit as state board of equalization
Proviso
May regulate valuations, except live stock
State budget required |
κ1917 Statutes of Nevada, Page 334 (CHAPTER 177)κ
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Secretary to certify charges
Taxpayers not deprived of legal redress
Method of paying taxes if proceedings are instituted |
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. Sec. 9. The secretary of the Nevada tax commission shall certify any change in the assessed valuation of any piece or class of 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, 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, |
κ1917 Statutes of Nevada, Page 335 (CHAPTER 177)κ
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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. 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. (c) Any property owner, whose taxes exceed the sum of $300, and the first installment of which is in excess of the amount which he claims to be justly due for taxes, may pay his installment of taxes as they become due under protest, and may commence a suit against the state and county in which the same was paid for the difference between the amount of the taxes paid and the amount which he claims to be due. In an action by or against the person assessed he may complain or defend upon the following grounds: (1) That the taxes have been paid before the suit; or (2) That the property is exempt from taxation under the provisions of the revenue or tax laws of the state specifying in detail the claim of exemption; or (3) That the person assessed was not the owner and had no right, title or interest in the property assessed at the time of assessment; (4) That the property is situate in and has been duly assessed in another county and the taxes thereon paid; or (5) Fraud in the assessment or that the assessment is out of proportion to and above the actual cash value of the property assessed; or the assessment is out of proportion to and above the percentage of valuation fixed by the Nevada tax commission for the year in which the taxes were levied and the property assessed; provided, however, that in all cases mentioned in this paragraph where the complaint is based upon any grounds mentioned herein the entire assessment shall not be declared void, but shall only be void as to the excess in valuation; provided further, that in every action brought under the provisions of this section the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that any valuation established or equalized by the Nevada tax commission, or the state board of equalization, or the county assessor, or the county board of equalization is unjust and inequitable. |
Method of paying when owner has applied to commission for redress
Property owner may sue, when
Grounds for action |
κ1917 Statutes of Nevada, Page 336 (CHAPTER 177)κ
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Limited to three months
Distribution or apportionment of taxes not prevented
All property assessed at full cash value
Proceeds of mines assessed
Provisions of this act mandatory |
upon any grounds mentioned herein the entire assessment shall not be declared void, but shall only be void as to the excess in valuation; provided further, that in every action brought under the provisions of this section the burden of proof shall be upon the plaintiff to show by clear and satisfactory evidence that any valuation established or equalized by the Nevada tax commission, or the state board of equalization, or the county assessor, or the county board of equalization is unjust and inequitable. Every action commenced under and by virtue of the provisions of this section shall be commenced within three months from the date of the payment of the last installment of taxes, and if not so commenced shall be forever barred. Nothing in this section or in any remedy granted hereby shall prevent the distribution or apportionment of the taxes so paid into the various funds of the state and county, but in the event of judgment in favor of the plaintiff the amount of said judgment shall be paid out of the general fund of the state and county defendants as their liability may appear. The county treasurer or tax receiver in making settlement with the state shall notify the state controller of the amount of state tax moneys which were paid under protest and an amount equivalent thereto shall be thereby deemed to be and is hereby appropriated for the purpose of paying any judgment recovered against the state in an action under the provisions of this section. 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. 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, |
κ1917 Statutes of Nevada, Page 337 (CHAPTER 177)κ
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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 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 governor and the associate railroad commissioner shall receive no compensation for their services as members of the Nevada tax commission. The secretary shall receive a salary of three thousand dollars, payable in equal monthly installments as other state officers are paid. Each of the other five commissioners mentioned in section 1 of this act shall receive a salary of six hundred dollars ($600) per annum, payable in equal monthly installments as other state officers are paid. 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 seven thousand dollars ($7,000) 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 shall 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. |
Penalty for refusal
Informalities not to invalidate
Salary of secretary and commissioners
Actual expenses allowed
Appropriation $7,000
Annual report
Printing to be done at state printing office |
κ1917 Statutes of Nevada, Page 338 (CHAPTER 177)κ
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Meetings continuations of old commission |
authorize the work to be done in the state printing office, approved March 5, 1909. Sec. 21. All meetings of the commission of the Nevada tax commission created under and by virtue of this act shall be deemed and shall be continuations of such meetings as are now being held or authorized by the Nevada tax commission created under and by virtue of 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 therewith, approved March 17, 1915. |
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Labor commissioner created |
Chap. 178An Act to amend an act entitled An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto, approved March 24, 1915.
[Approved March 23, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. There is hereby created the office of labor commissioner of the State of Nevada, and one member of the Nevada industrial commission, other than a state officer, shall be designated by the governor to act as ex officio commissioner. Said commissioner shall receive as compensation for his services as labor commissioner a salary of six hundred ($600) dollars per annum, payable in monthly installments out of the state treasury of Nevada as other salaries are paid. Said commissioner shall receive his actual necessary traveling expenses when traveling in the discharge of his official duties, and may employ such clerical or stenographic assistance, not to exceed the sum of twelve hundred ($1,200) dollars per annum, as may be approved by the board of examiners. |
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κ1917 Statutes of Nevada, Page 339κ
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Chap. 179An Act to grant the right of way to John T. Reid and his associates, their successors and assigns, for the construction and operation of a railroad within Churchill County, State of Nevada, from either the town of Hazen or Parren station therein, on or near the track of the Central or Southern Pacific Railway Company, as said trustees may select, to the Nevada United Mining Companys mines at Copper-Reid, in Churchill County; and from any point on said railroad to a point at or near Battle Mountain or Argenta station in Lander County, State of Nevada, and from the town of Hazen or Parren station, as may be selected, to a point on the Western Pacific Railroad Companys track, not yet named, in Washoe or Humboldt County, State of Nevada, and a branch line extending into the Silver Range for a distance of twenty-five miles in a general northeasterly direction from Copper-Reid or any other point on the main line of railroad, and a branch line extending in a generally northerly direction for fifty miles from Copper-Reid, and a branch line extending from said Copper-Reid, or other point on the main line of railroad, to the town of Lovelock, in Humboldt County, State of Nevada, and matters relating thereto.
[Approved March 24, 1917]
Whereas, The said grantees are interested in the development of the mineral resources of the State of Nevada, and particularly Churchill and Humboldt Counties; and Whereas, They have incurred a considerable expense in surveys and otherwise in promoting the building of railroads in the counties named, and they are at this time so engaged in the expending of time and money in the promotion of such proposed lines of railroad; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The right of way, not to exceed two hundred feet in width, to locate, construct, maintain, and operate a narrow- or broad-gage railroad with iron or steel rails, together with necessary sidetracks, switches, turnouts, turntables, over and along such route as may be deemed most advantageous, from a point at or near the railroad tracks of the Central or Southern Pacific Railway Company in Churchill County, at either the town of Hazen or Parren Station, as said grantees herein may select, to the Nevada United Mining Companys mines at Copper-Reid, in said Churchill County, and from any point on said railroad to a point at or near Battle Mountain or Argenta Station in Lander County, State of Nevada, and from the town of Hazen or Parren Station, as may be selected, to a point on the Western Pacific Railroad Companys track, not yet named, in Washoe or Humboldt County, |
Preamble
Right of way granted |
κ1917 Statutes of Nevada, Page 340 (CHAPTER 179)κ
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Right of way granted
Proviso
What motive power may be
Rights and privileges conferred |
Humboldt County, State of Nevada, and a branch line extending into the Silver Range for a distance of twenty-five miles in a general northeasterly direction from Copper-Reid or any other point on the main line of railroad, and a branch line extending in a general northerly direction for fifty miles from Copper-Reid; and a branch line extending from said Copper-Reid, or other point on the main line of railroad to the town of Lovelock, in Humboldt County, State of Nevada, is hereby granted to John T. Reid and his associates, their successors and assigns, for the term of fifty years from the date of the passage of this act; provided, that the construction of said railroad be commenced within two years from the passage of this act, and that twenty-five miles of said track shall be completed on said right of way within five years from the date of the passage of this act, and such railroad completed within twenty years. Sec. 2. That the motive power of said railroad may be either steam, gasoline, or electricity. Sec. 3. That the said John T. Reid and associates, their successors and assigns, shall have and are hereby given all the rights, privileges, and franchises conferred upon railroad companies incorporated in the State of Nevada under and pursuant of the provisions of an act entitled An act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved March 22, 1865, and the acts amendatory thereof or supplemental thereto, as far as the same are consistent with the provisions of this act. |
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Officers may be bonded by surety companies
Premium, how paid
Provisos |
Chap. 180An Act to provide surety bonds for state, district, county, city, and township officers at public expense.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every state, district, county and city officer within the State of Nevada, who is now required by law, or who may be hereafter required by law, to give an official bond, may have a surety company, which has complied with all the laws of this state relating to surety companies, execute such bond, pursuant to law, for the faithful performance of the duties of such office. Sec. 2. The premium for any such surety bond shall be paid for by the state, if the bond is required for a state officer, or by the district, county or city, as the bond may be required, out of any moneys in their respective treasuries not otherwise appropriated by law; provided, however, that no premium or charge shall exceed one-half of one per cent per annum on the amount of such bond; and provided further, that this act shall not apply to notaries public. |
κ1917 Statutes of Nevada, Page 341 (CHAPTER 180)κ
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Sec. 3. Whenever any of the aforesaid officials shall tender bonds of any surety company for approval to the governor, to the district judge, to the county commissioners of their respective counties, or to any official board or person required by law to approve the same, it shall be the duty of such board or person to accept such bonds, if found good and sufficient. |
Duty of board or officer to accept |
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Chap. 181An Act to amend sections 2, 9, 11, 24, 25, and 27 of an act entitled An act regulating automobiles or motor vehicles on public roads, highways, parks, or parkways, streets, and avenues, within the State of Nevada; providing a license for the operation thereof, and prescribing penalties for its violation; designating the manner of handling the receipts therefrom, and the purpose for which it may be expended, and in what manner, and repealing an act of the same title, approved March 24, 1913, approved March 24, 1915.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act is hereby amended so as to read as follows: Section 2. The owner of every automobile, motorcycle, or other similar motor vehicle shall, within ten days after the acquisition of the same, file with the secretary of state a statement of his name and address, with a brief description of the vehicle to be registered, including the name of the maker, factory number, style of vehicle, and motor power. Subsequent filing shall be made by each owner of any motor vehicle on or before the first Monday in February of each year. The annual filing fee shall be as follows: For every automobile of twenty horsepower or less, three dollars; for every automobile between twenty-one and forty horsepower, inclusive, five dollars and fifty cents; for every automobile over forty horsepower, eight dollars. The annual filing fee of motorcycles shall be three dollars. Such fee shall cover state automobile and motorcycle licenses as from January 1 to December 31 of each year; provided, that all automobiles or motorcycles purchased after the first day of July shall only be required to pay for one-half of year as follows: For every automobile of twenty horsepower or less, one dollar and seventy-five cents; for every automobile between twenty-one and forty horsepower, inclusive, two dollars and seventy-five cents; for every automobile over forty horsepower, four dollars and twenty-five cents. Motorcycles, one-half year, one dollar and seventy-five cents. Sec. 2. Section 9 of the above-entitled act is hereby amended so as to read as follows: |
Owners to file statement
Subsequent filings, when
Filing fees classified |
κ1917 Statutes of Nevada, Page 342 (CHAPTER 181)κ
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Speed regulated
Penalty
Vehicles to be fully equipped
Provisos |
Section 9. No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person or the safety of any property. Nor shall any person incompetent to properly handle a motor vehicle nor an intoxicated person be permitted to drive the same. No person under sixteen years of age shall be permitted to drive or operate any motor vehicle in any incorporated or unincorporated city or town in this state. For a violation of this section any peace officer may arrest the driver of such motor vehicle and remove from the same the license number plate thereof, and such number plate shall not be restored to the owner thereof except upon payment of ten dollars ($10) in addition to the fine provided by this act. Sec. 3. Section 11 of the above-entitled act is hereby amended so as to read as follows: Section 11. Every motor vehicle while in use on a public highway shall be provided with good and efficient brakes, and also with a suitable horn or other signal. Every motor vehicle other than motorcycles must exhibit, during the period from one hour after sunset to one hour before sunrise, two lamps showing white lights, visible within a reasonable distance in the direction toward which such vehicle is proceeding, and also a red light, visible in the reverse direction; provided, exceptions noted in section 1 of this act are required to show only one white light in the direction toward which such vehicle is proceeding; and provided, every automobile equipped with and using electric light or lights upon any of the public highways of this state shall be provided and equipped with some practical and efficient device or devices whereby the forward light or lights of such vehicle may be dimmed or lessened at the will of the driver or chauffeur to such an extent that such electric light or the reflection therefrom through said forward light or lights will not interfere with the sight of nor temporarily blind the vision of the driver of an approaching vehicle; and it shall be the duty of every chauffeur or driver of such automobile equipped with and using electric lights upon the public highways of this state to effectually apply such dimmer to the forward light or lights of the vehicles being driven by him and cause such light or lights to be dimmed and lessened so as not to interfere with the sight or temporarily blind the vision of the driver of any approaching vehicle; provided, that any headlight that does not cast a blinding light or a beam of light over forty-two inches above the road, shall be deemed to comply with the requirements of this section; and provided further, exceptions also noted in section 12 of this act. Sec. 4. Section 24 of the above-entitled act is hereby amended so as to read as follows: |
κ1917 Statutes of Nevada, Page 343 (CHAPTER 181)κ
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Section 24. Fees received by the secretary of state as in this act provided, shall be paid semiannually to the state treasurer, which moneys shall be by said state treasurer placed in the state highway fund as defined by law to be used by the department of highways in the building, improvement and care of state highways; provided, that fees collected from owners of automobiles residing in any county not included in the state highway system as defined by law, shall be paid to the treasurer of such county semiannually, to be there placed in an Automobile Road Repair Fund, to be disbursed at such times in such amounts and in such manner as the board of county commissioners of such county may direct; provided further, that all money now in the automobile road fund of the State of Nevada created by the act approved March 24, 1913, shall be paid over to the state treasurer and by him likewise placed in the state highway fund as defined by law, and to be used by the department of highways in the manner above provided. Sec. 5. Section 25 of the above-entitled act is hereby amended so as to read as follows: Section 25. For the purpose of defraying actual expenses in procuring license plates and record books, and for payment of necessary postage and incidental and contingent expenses, beginning January 1, 1917, the sum of fifty (50c) cents will be deducted from the payment for each motor vehicle license issued under this act and paid quarterly into the state treasury to be there placed in motor vehicle license expense fund, to be drawn upon for such expenditures as noted in this section after the claims have been favorably passed upon by the board of examiners, as other state claims are acted upon; any and all moneys remaining in this fund shall be transferred to the general fund on the 31st of December of each year. The state controller is directed to draw his warrants and the state treasurer is instructed to pay the same. Sec. 6. Section 27 of the above-entitled act is hereby amended so as to read as follows: Section 27. For issuing duplicate license plate to an owner, the secretary of state is authorized to make an extra charge of $1. |
Fees to go to highway fund
Provisos
Actual expenses, how paid
Fee for duplicate plate |
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Chap. 182An Act authorizing and empowering the city council of the city of Reno, in the county of Washoe, State of Nevada, to dispose of certain parcels of real estate.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The city council of the city of Reno is hereby authorized and empowered to act as follows: |
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κ1917 Statutes of Nevada, Page 344 (CHAPTER 182)κ
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City of Reno authorized to make sale of property
Provisos |
To grant, bargain and sell to Reno school district No. 10, for the sum of twelve thousand ($12,000) dollars, all of the following-described property in the city of Reno, county of Washoe, State of Nevada: All of lots seven (7) and eight (8) and a fraction of lot six (6) in block H, fronting one hundred and twenty-one and five-twelfths (121 5/12) feet, more or less, on the west line of Center street, bounded on the north by Ryland street, and extending in depth westerly one hundred and thirty (130) feet to an alley, saving and excepting therefrom, however, a piece of land in the northwest corner of said lot eight (8) feet of rectangular form, and fronting eight (8) feet on Ryland street and twelve (12) feet on said alley; the same being conveyed by Charles H. Rulison and wife to the city of Reno by deed, recorded in book 32 of deeds, page 169, in the office of the county recorder of Washoe County, Nevada; provided, however, that if the said Reno school district No. 10 shall not within thirty days after the passage of this act notify the city council of the city of Reno, in writing, of their intention to purchase said property on the terms aforesaid, or if after having so signified their intention they thereafter fail to issue bonds within the shortest time allowed them by law, which shall not be later than July 1, 1917, in which to issue bonds to secure the funds to pay the twelve thousand dollars ($12,000) aforesaid, or otherwise have the said twelve thousand dollars ($12,000) advanced to them, then in that event said property shall be sold at public auction by the mayor of the city of Reno in front of the city hall on First street in the said city of Reno, after notice of said sale shall have been given by publication for a period of ten days in a newspaper published daily in the city of Reno, in which notice of the time and place of said sale shall be stated and said property shall be sold to the highest responsible bidder; provided, said sale be approved by the mayor and city council at the next subsequent meeting of said city council. The holding of one said auction shall not exhaust the authority granted under the provisions of this act, but additional auction sales may be held in accordance with the terms hereof. |
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Duties of county auditors |
Chap. 183An Act defining certain duties of county auditors, county treasurers, and the state controller, and providing penalties for the violation thereof.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made the duty of the county auditor of each and every county in this state to prepare and forward to the state controller, at the times and in the manner hereinafter prescribed, the following statements: |
κ1917 Statutes of Nevada, Page 345 (CHAPTER 183)κ
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(a) On the first day of December of each year a statement showing separately the valuation, rates of taxation and amounts of state and county taxes levied, with the totals thereof, of all property listed on the assessment rolls of his county for that year; provided, that so far as the proceeds of mines roll is concerned, the term that year is hereby construed to mean the first three quarters of the current year and the last quarter of the preceding year. (b) On the first day of August of each year a statement showing separately the valuation, rates of taxation, amount of taxes levied, amount collected, amount delinquent subject to redemption, amount stricken from rolls by commissioners, and amount held in trust by county treasurer, with the totals thereof, of all property listed on the assessment rolls of his county for the preceding year; the term preceding year being the same period of time as that year mentioned in subdivision (a) of this section. (c) On the first day of December of each year a statement showing the indebtedness of such county, bonded and floating, with the amount of each class and the rate of interest borne by such indebtedness, or any part thereof; the amount of cash in the county treasury; a careful estimate of the value of all property owned by the county; the number of poll-taxes collected; and the number of registered voters. (d) On the third Monday of June and December of each year a report, with a duplicate thereof, both of which shall be also certified by the county treasurer, showing specially the total amount collected, and the amount due the state from each particular source of revenue for the preceding six months. (e) The county auditor in each county in the state shall, on or before the tenth day of April, July and October of each year, make a statement and report to the board of county commissioners showing the whole amount of collections (stating particularly the source of each portion of the revenue) from all sources paid into the county treasury during the quarter next preceding; the funds among which the same are distributed and the amount to each; the total amount of warrants drawn and paid on what funds; the total amount of warrants drawn and unpaid; the accounts or claims audited or allowed and unpaid and the fund out of which they are to be paid; and generally making a full and specific showing of the fiscal condition of the county. (f) On or before the tenth day of January of every year the county auditor in each county in the state shall make a similar statement and report to the board of county commissioners covering the entire year next preceding. Such report shall be printed in pamphlet form and mailed, one copy each, to each of the taxpayers named and listed on the assessment roll of the county. Sec. 2. The county treasurer of each and every county in this state shall, on the third Monday of June and December of each year, settle in full with the state controller, and send to the state treasurer all funds which shall have come into his hands as county treasurer for the use and benefit of the state, taking therefor a receipt from the state treasurer. |
Duties of county auditors |
κ1917 Statutes of Nevada, Page 346 (CHAPTER 183)κ
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Duties of county treasurers
Duties of state controller |
this state shall, on the third Monday of June and December of each year, settle in full with the state controller, and send to the state treasurer all funds which shall have come into his hands as county treasurer for the use and benefit of the state, taking therefor a receipt from the state treasurer. He shall hold himself in readiness to settle and pay all moneys in his hands belonging to the state at all other times whenever required to do so by order signed by the state controller, who is hereby authorized to draw such order whenever he deems it necessary. Sec. 3. The state controller shall enter upon the semiannual reports mentioned in subdivision (d) of section 1 of this act the cash paid the state treasurer and the amount of credits allowed; and the county treasurer shall thereafter file the duplicate report with the county auditor, whereupon the auditor shall balance the treasurers account. Such further and additional statements may be required by the state controller as in his judgment he deems necessary. |
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Certified public accountants, who may be |
Chap. 184An Act amendatory of and supplemental to an act entitled An act to create a state board of accountancy and prescribe its powers and duties; to provide for the examination of and issuance of certificates of applicants, with the designation of certified public accountants, to provide for examination of state, county and city accounts, and to provide the grade of penalty for violations of the provisions hereof, approved March 24, 1913.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act is hereby amended by adding thereto section 3a, as follows: Section 3a. Any citizen of the United States, or any person who has declared his intention of becoming such citizen, being over the age of twenty-one years and of good moral character, who has complied with the rules and regulations of the board appertaining to such cases, and who holds a valid and unrevoked certificate as a certified public accountant, or the equivalent thereof, issued by or under the authority of any other state of the United States, or the District of Columbia, or any territory of the United States, or by or under the authority of a foreign nation, when the board shall be satisfied that their standards and requirements for a certificate as a certified public accountant are substantially equivalent to those established by the act of which this act is an amendment may, at the discretion of the board, receive a certificate as a certified public accountant, and such person may thereafter practice as a certified public accountant and assume and use the name, title, and style of Certified Public Accountant, or any abbreviation or abbreviations thereof, in the State of Nevada; provided, however, that such other state, territory or nation extends similar privileges to certified public accountants of the State of Nevada. |
κ1917 Statutes of Nevada, Page 347 (CHAPTER 184)κ
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assume and use the name, title, and style of Certified Public Accountant, or any abbreviation or abbreviations thereof, in the State of Nevada; provided, however, that such other state, territory or nation extends similar privileges to certified public accountants of the State of Nevada. |
Proviso |
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Chap. 185An Act to provide for extending the use of the state library.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state librarian shall have prepared an author and subject catalogue, which shall contain every book in the miscellaneous department of the state library. It shall also contain all rules and regulations relating to said library, and shall be published in the state printing office in pamphlet form, the number of copies of said pamphlet to be designated by the state library commission. The cost of preparing and publishing this catalogue shall not exceed the sum of $2,500. A copy of this catalogue shall be sent to every school library in the State of Nevada, and to any resident of the state who may apply for same. Whenever any resident of the state, who is vouched for by any resident property taxpayer of the state (who shall be the surety hereafter mentioned) outside his immediate family, shall apply for any book named in the catalogue, the librarian shall send said book to said party prepaid. Sec. 2. The party borrowing the book shall, after retaining it for a period not to exceed four weeks, return same, prepaid, to the state library. Failure to return said book within the time specified shall subject the holder to a fine of ten cents per day for every day that the book is retained in excess of the time specified, and should such retention exceed a period of twenty days the state librarian shall declare all the privileges of such delinquent borrower under this act forfeited, and the fine shall be paid by the surety of the borrower, and should any book be damaged or lost the cost of the book or the damage thereto must be made good by the surety, who shall be held liable to the state. The state librarian may, at his discretion, send out books by insured mail or by express and require that they be returned in the same way. Sec. 3. In like manner any school district in the State of Nevada may, through application by the teacher thereof, or where a principal is employed, by the principal thereof, or a member of the board of trustees, borrow books, not to exceed in number twelve at any one time, and for a period not to exceed four weeks, except that no personal surety shall be required. In case of any penalty being incurred the same shall be a first claim against the library fund of such district until the same shall be paid in full. |
Librarian to prepare author and subject catalogue
Residents may borrow books
Duties of residents borrowing books
School districts may borrow books |
κ1917 Statutes of Nevada, Page 348 (CHAPTER 185)κ
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State printer to print catalogue Fines and penalties, where deposited
Appropriation |
same shall be a first claim against the library fund of such district until the same shall be paid in full. Sec. 4. The state printer is hereby required to print the catalogue of the library and other matters pertaining thereto and such supplements to this catalogue from time to time as the state library commission may designate. Sec. 5. All fines and penalties provided for in this act shall be paid into the state library fund, and duly accredited thereto. Sec. 6. The state library commission shall draw upon the state library fund for all moneys needed to carry this law into effect and maintain the work incidental thereto, including printing the catalogue and supplements; provided, that the amount so expended for the years 1917 and 1918 shall not exceed the sum of $2,500. |
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Aid for Nevada agricultural society
Appropriation for improvements
Money, how disbursed
Proviso |
Chap. 186An Act granting aid to the State Agricultural Society for the purpose of holding state fairs during the years 1917 and 1918, and to erect, maintain and improve the buildings and grounds of the society.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of six thousand dollars for each of the years 1917 and 1918 is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise specifically appropriated, to aid the Nevada State Agricultural Society in holding annual fairs in each of said years. Sec. 2. The sum of four thousand dollars is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise specifically appropriated to aid the Nevada State Agricultural Society in erecting, maintaining and improving the state fair buildings and grounds in the county of Churchill. Sec. 3. The moneys appropriated in section 1 of this act shall be used for the payment of the fire insurance premiums on state property under the control of the state agricultural society and for the payment of such premiums as may be awarded at the above-mentioned state fairs and for such purposes as said society may, through its board of directors, deem just and proper; provided, none of the moneys by this act appropriated shall be used by said board of directors, either directly or indirectly, to pay any purse or purses for racing. |
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κ1917 Statutes of Nevada, Page 349κ
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Chap. 187An Act to amend an act entitled An act to amend section 8 of an act entitled An act to regulate the sale and use of poisons in the State of Nevada, and providing a penalty for the violation thereof, approved March 24, 1913, as amended by act approved March 12, 1915, approved February 20, 1917.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of the above-entitled act is hereby amended to read as follows: Section 1. Section eight of said act is hereby amended to read as follows: Section 8. It shall be unlawful for any person, firm, or corporation to sell, furnish or give away, or offer to sell, furnish or give away, or to have in their or his possession any cocaine, opium, yen shee, morphine, codeine, heroin, alpha eucaine, beta eucaine, nova caine, anhalonium (peyote or mescal button), cannabis sativa (Indian hemp or loco weed), or chloral hydrate, or any of the salts, derivatives, or compounds of the foregoing substances, or any preparation or compound containing any of the foregoing substances or their salts, derivatives, or compounds excepting upon the written order or prescription of a physician, dentist, or veterinary surgeon licensed to practice in this state, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, written in by the person writing said prescription, or if ordered by a veterinary surgeon it shall state the kind of animal for which ordered and shall be signed by the person giving the prescription or order. Such order or prescription shall be permanently retained on file by the person, firm, or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed if each fluid or avoirdupois ounce contains more than eight grains of opium, or one grain of morphine, or two grains of codeine, or one-half grain of heroin, or one grain of cocaine, or one grain of alpha eucaine, or one grain of beta eucaine, or one grain of nova caine, or sixty grains of chloral hydrate, excepting upon the written order of the prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall be at all times open to inspection by the prescriber and properly authorized officer of the law, and shall be preserved for at least three years from the date of the filing thereof; provided, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to pharmacies legally licensed and doing business under the laws of the State of Nevada, or physicians, nor to each other, nor to the sale at retail by pharmacies to physicians, |
Regulating traffic in poisons and narcotic drugs
Proviso |
κ1917 Statutes of Nevada, Page 350 (CHAPTER 187)κ
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Wholesalers to keep record
Form of record
Open to inspection by officers and citizens
Preparations of certain strength not prohibited
Drug store owners to keep record |
pharmacies to physicians, dentists, or veterinary surgeons duly licensed to practice in this state; provided further, that all such wholesale jobbers, wholesalers, and manufacturers, in this section mentioned, shall before delivery to any person, firm, or corporation of any of the articles in this section enumerated, make or cause to be made in a book kept for that purpose only, an entry of the sale of any such article, stating the date of such sale and quantity and name of the article and form in which sold, the true name and true address of the purchaser, the name of the person by whom such entry and sale was made, also a statement showing how delivery was had, whether delivered personally or forwarded by mail, express or freight, which book shall be substantially as follows:
And said books shall always be open for inspection by any peace officer or citizen, or any member of the board of pharmacy, or any inspector by them authorized, and such books shall be preserved for at least five years after the date of the last entry therein. It shall be unlawful for any practitioner of medicine, dentistry, or veterinary surgeon to furnish to, or prescribe for the use of, any habitual user of the same, any cocaine, opium, morphine, codeine, heroin, anhalonium, cannabis sativa, or chloral hydrate, or any salt, derivative, or compounds, and it shall be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any veterinary surgeon to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this section shall not be construed to prevent any duly licensed physician from furnishing or prescribing in good faith as their physician by them employed as such, for any habitual user of any narcotic drugs who is under his professional care, such substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the purposes of this act; provided, that the above provisions shall not apply to preparations sold or dispensed without a physicians prescription containing less than two grains of opium, or one-fourth grain of morphine, or one-half grain of codeine, or one-sixth grain of eucaine, or one-sixth grain of nova caine, or one-sixth grain beta eucaine, or ten grains chloral hydrate, or four grains of Indian hemp in one fluid ounce, or if a solid preparation in one avoirdupois ounce, or to the sale of strychnine or other poisons for the purpose of destroying noxious wild animals; and it is further provided, that it shall be the duty of every proprietor or manager of a pharmacy or drug store, within the State of Nevada, to keep a true and correct record of all orders forwarded to wholesalers, |
κ1917 Statutes of Nevada, Page 351 (CHAPTER 187)κ
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orders forwarded to wholesalers, jobbers or manufacturers or traveling salesmen for the purchase of, in any manner, any cocaine, opium, yen shee, morphine, codeine, heroin, alpha eucaine, beta eucaine, nova caine, anhalonium, cannabis sativa or chloral hydrate, or any salt, derivative or compound thereof, within the meaning of the provisions of this act; provided further, that a true and correct copy of all orders, forwarded by U.S. mail or otherwise, or given personally any traveling salesmen for narcotic drugs, as specified in this section, shall be forwarded by registered mail to the secretary of the Nevada state board of pharmacy, within twenty-four hours after the forwarding of such order direct or through a representative or traveling salesman; and provided further, the taking of any order, or making of any contract or agreement, by any salesman or representative, or any employee or person, firm or corporation, for future delivery in this state, for any of the articles or drugs mentioned in this section shall be deemed a sale of said articles or drugs by said traveling representative or employee within the meaning of the provisions of this act; provided further, that a true and correct copy of all orders, contracts or agreements taken for narcotic drugs specified in this section by any traveling representative or employee shall likewise be forwarded by such traveling representative or employee by registered mail to the secretary of the Nevada state board of pharmacy within twenty-four hours after the taking of such order, contract or agreement, unless such order, contract or agreement is recorded by entry in a book used for that purpose only by some wholesale jobber, wholesaler or manufacturer permanently located in this state, as provided for in this section. |
Copy of order must be sent state board of pharmacy immediately
Drummer to notify state board
Exception as to Nevada wholesaler |
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Chap. 188An Act to amend an act entitled An act in relation to money of account and interest, approved November 28, 1861.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act is hereby amended so as to read as follows: Section 4. When there is no express contract in writing fixing a different rate of interest, interest shall be allowed at the rate of seven per cent per annum upon all money from the time it becomes due, in the following cases: (a) Upon contracts, express or implied, other than book accounts. (b) Upon the settlement of book or store accounts from the day on which the balance is ascertained. (c) Upon judgments rendered by a court in this state. |
Interest 7% unless otherwise expressed |
κ1917 Statutes of Nevada, Page 352 (CHAPTER 188)κ
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Interest 7% unless otherwise expressed |
(d) Upon money received to the use and benefit of another and detained without his consent. (e) Upon wages or salary, if the same shall be unpaid when due, after demand therefor has been made. |
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Number of regents and how elected
Governor to fill vacancies |
Chap. 189An Act to amend an act entitled An act relating to the state university and matters properly connected therewith, approved February 7, 1887.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act is hereby amended to read as follows: Section 2. The board of regents of the state university shall consist of five members. At the general election held in 1918 there shall be elected three regents, one of who shall hold office for the term of ten years, another for term of eight years, and the third for the term of six years. At the general election held in 1920 there shall be elected two regents, one of whom shall hold office for the term of ten years and the other for the term of two years. Thereafter, at each general election, there shall be elected one regent, who shall hold office for the term of ten years. The persons elected as regents under the provisions of this act, before entering upon the discharge of the duties of the office of regent, shall take and subscribe the official oath and file the same in the office of the secretary of state. In case of a vacancy in the board of regents the governor shall fill the same by the appointment of a qualified person to serve until the expiration of the term for which the regent, whose death, resignation, removal or, as the case may be, shall have caused the vacancy, was originally elected. The term of office of each regent shall begin on the first Monday in January next succeeding the date of his election. |
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κ1917 Statutes of Nevada, Page 353κ
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Chap. 190An Act to amend section eight of an act entitled An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of state engineer and other offices connected with the appropriation, distribution, and use of water; prescribing the duties and powers of the state engineer and other officers, and fixing their compensation; prescribing the duties of water users, and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties, and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineers office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith; and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled An act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties, and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners, and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for, the state engineers office, and other matters relating thereto, approved February 20, 1909, approved March 22, 1913.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section eight of the above-entitled act is hereby amended so as to read as follows: Section 8. Rights to the use of water shall be limited and restricted to so much thereof as may be necessary, when reasonably and economically used for irrigation and other beneficial purposes, irrespective of the carrying capacity of the ditch; and all the balance of the water not so appropriated shall be allowed to flow in the natural stream from which such ditch draws its supply of water, and shall not be considered as having been appropriated thereby; and in case the owner or owners of any such ditch, canal or reservoir shall fail to use the water therefrom for beneficial purposes for which right exists during any five successive years, |
Regulations as to use and appropriation of water |
κ1917 Statutes of Nevada, Page 354 (CHAPTER 190)κ
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shall fail to use the water therefrom for beneficial purposes for which right exists during any five successive years, the right to use shall be considered as having been abandoned, and they shall forfeit all water rights, easements and privileges appurtenant thereto, and the water formerly appropriated by them may be again appropriated for beneficial use, the same as if such ditch, canal or reservoir had never been constructed. |
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Evening schools authorized
Board of trustees to employ teachers
Number of teachers limited
Compensation
Proviso
Appropriation, $10,000 |
Chap. 191An Act to provide for the establishment of evening schools.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state superintendent of public instruction shall authorize any local board of school trustees to establish evening schools in any school district whenever fifteen or more bona fide applicants residing therein shall petition him in writing for the same. Such schools shall be open to native and foreign-born youths and adults, and the courses of instruction therein given shall be approved by the state board of education. Sec. 2. The board of trustees in any district in which such evening school is held shall employ the necessary teachers therefor; and said board shall also provide suitable rooms with adequate lighting and heating. Teachers employed in such evening schools must hold legal certificates for corresponding work in the public day schools, or special evening-school certificates, which are hereby authorized, from the state board of education. Sec. 3. No more than one teacher shall be employed for each fifteen persons enrolled in any such evening school. At the end of each school month the board of trustees having charge thereof shall certify the months enrollment and average nightly attendance to the state superintendent of public instruction. The State of Nevada shall pay said teachers at the rate of not more than one dollar per hour of actual teaching in said evening schools, or not more than forty dollars per month; provided, that when the average monthly attendance falls below ten students per teacher a sufficient number of teachers must be retired to maintain such an average. Sec. 4. The sum of ten thousand dollars is hereby appropriated from the state school fund to carry out the provisions of this act; and claims against said appropriation shall be paid as other claims against the state are paid, upon certificate by the state superintendent of public instruction. Sec. 5. On the written orders of a board of school trustees having established an evening school the county auditor shall issue warrants upon the county treasurer for the payment of just claims for equipment and maintenance, and for additional salary of teachers in amounts not to exceed those paid such teachers by the state, all of which claims are hereby made just and legal charges against the general fund of the county; and the county treasurer is hereby authorized and directed to pay the same. |
κ1917 Statutes of Nevada, Page 355 (CHAPTER 191)κ
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having established an evening school the county auditor shall issue warrants upon the county treasurer for the payment of just claims for equipment and maintenance, and for additional salary of teachers in amounts not to exceed those paid such teachers by the state, all of which claims are hereby made just and legal charges against the general fund of the county; and the county treasurer is hereby authorized and directed to pay the same. |
Indebtedness, how paid |
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Chap. 192An Act to amend an act entitled An act to regulate the settlement of the estate of deceased persons, approved March 23, 1897, and to repeal all acts in conflict herewith.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section thirty-eight of said act, being section 5894, Revised Laws, is hereby amended to read as follows: Section 38. Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order: First-The surviving husband or wife, or such person as he or she may request to have appointed. Second-The children. Third-The father, or the mother. Fourth-The brother. Fifth-The sister. Sixth-The grandchildren. Seventh-Any other of the kindred entitled to share in the distribution of the estate. Eighth-The creditors. Ninth-The public administrator. Tenth-Any of the kindred not above enumerated, within the fourth degree of consanguinity. Eleventh-Any person or persons legally competent. Sec. 2. This act shall take effect January 1, 1919. |
How estate of intestate distributed
Order of distribution
In effect Jan. 1, 1919 |
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Chap. 193An Act requiring the examination of all school children to ascertain if they have defective eyesight or hearing, or diseased teeth, or if they are addicted to mouth-breathing.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Duty of Teacher. It shall be the duty of all teachers engaged in teaching in the public schools of the state separately and carefully to test and examine every child under their jurisdiction to ascertain if such child is suffering from defective sight or hearing, or diseased teeth, or breathes through its mouth. |
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κ1917 Statutes of Nevada, Page 356 (CHAPTER 193)κ
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Teacher to examine children for defective teeth or mouth breathing
State board of health to prescribe rules
Tests made in first month of school year
Boards and trustees to enforce act
Child exempt, how |
state separately and carefully to test and examine every child under their jurisdiction to ascertain if such child is suffering from defective sight or hearing, or diseased teeth, or breathes through its mouth. If such test determines that any child has such defect, it shall be the duty of the teacher to notify, in writing, the parent of the child of such defect and explain to such parent the necessity of medical attendance for such child. Sec. 2. State Board of Health Prescribes Rules. The state board of health shall prescribe rules for making such tests, and shall furnish to boards of education and boards of trustees of school districts rules of instruction, test-cards, blanks, and other useful appliances for carrying out the purposes of this act. Sec. 3. When Tests Shall Be Made. During the first month of each school year, after the opening of the school, teachers must make tests required by this act upon the children then in attendance at school; and thereafter, as children enter school during the year, such tests must be made immediately upon their entrance. Sec. 4. Duty of Boards of Education. It shall be the duty of the boards of education and boards of trustees of the several school districts of the state to enforce the provisions of this act. Sec. 5. Any child shall be exempt from the examination herein provided upon written statement from his or her parents or guardian that they object to the same. |
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Sale of liquor restricted outside of city limits
Liquor board, how constituted |
Chap. 194An Act to regulate the sale of intoxicating liquors outside of the corporate limits of any incorporated city or town; creating a liquor board in the several counties of this state; prescribing the duties and declaring the powers of such board.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners, the district attorney, and the sheriff in each of the several counties in this state are hereby authorized, empowered and commissioned, for the purposes of this act, to act jointly (without further compensation) as a liquor board, to grant or refuse liquor licenses, and to revoke the same whenever there is, in the judgment of a majority of such board, sufficient reason for such revocation. It is hereby declared to be the power and duty of the liquor board in each of the several counties of the state to enact ordinances regulating the sale of intoxicating liquors in their respective counties; fixing the hours of each day during which liquor may be sold or disposed of; prescribing the conditions under which liquor may be sold or disposed of; |
κ1917 Statutes of Nevada, Page 357 (CHAPTER 194)κ
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prohibiting the employment or service of females in the sale or disposition of liquor; and prohibiting the sale or disposition of liquor in places where, in the judgment of the board, such sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained; provided, all liquor dealers within any incorporated city or town are to be exempt from the force and effect of this act and are to be regulated only by the city government therein. Sec. 2. This act shall take effect from and after its passage and approval. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. |
Proviso
In effect Repeal |
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Chap. 195An Act to provide for the maintenance of fences along railroads and for damages for the killing of live stock.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Railroad corporations must make and maintain a good and sufficient fence on both sides of their track and right of way. In case they do not make and maintain such fence, if their engines or cars shall kill or maim any cattle or other domestic animals upon their line of road, they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault of the owner of the animal so killed or maimed. Sec. 2. Nothing in this act shall require any railroad company to fence its right of way through any town or city. |
Railroads to fence track securely
Does not apply in cities |
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Chap. 196An Act to provide for the holding of a state elimination shoot between members of Nevada civilian rifle clubs affiliated with the national rifle association of America, including life and annual members of said association, to provide funds to meet the expense thereof, and to provide funds for the incidental expenses of the Nevada state rifle team attending the national matches for the years 1917 and 1918.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The adjutant-general of the State of Nevada is hereby authorized, empowered and directed to arrange for an annual state elimination shoot between members of civilian rifle clubs within this state who are affiliated with the national rifle association of America, including life and annual members of said association. He shall select the site for the shoot and hire the necessary attendants, and shall have general supervision of all matters pertaining to the shoot. |
Providing for elimination rifle contests |
κ1917 Statutes of Nevada, Page 358 (CHAPTER 196)κ
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Appropriation, $3,000
Appropriation, $2,000
Adjutant-general to file vouchers |
and hire the necessary attendants, and shall have general supervision of all matters pertaining to the shoot. He shall be the disbursing officer of all moneys appropriated hereby. Sec. 2. The sum of three thousand ($3,000) dollars is hereby appropriated from the general fund of the State of Nevada to be used, or so much thereof as may in his opinion be necessary, by the adjutant-general for the purpose of defraying the expenses of the state elimination shoots for the years 1917 and 1918. Sec. 3. The sum of two thousand ($2,000) dollars is hereby appropriated from the general fund of the State of Nevada to be used, or so much thereof as may in his opinion be necessary, by the adjutant-general for the purpose of defraying the incidental expenses of members of the Nevada state rifle team attending the national matches of the national rifle association of America in the years 1917 and 1918. Sec. 4. The said adjutant-general shall file in the office of the state controller vouchers for all expenditures made by him out of said appropriations provided for in sections 2 and 3 of this act; and the state controller, upon the order of the adjutant-general, is hereby authorized and directed to draw warrants upon the state treasurer for such sums as the adjutant-general may deem necessary to expend hereunder; and the state treasurer is hereby directed to pay the same. |
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General election law
Commissioners to establish voting precincts Restrictions as to new precincts |
Chap. 197An Act relating to elections.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
When Held. Section 1. A general election shall be held in the several election precincts in this state on the Tuesday next after the first Monday of November, one thousand nine hundred and eighteen, and every two years thereafter, at which there shall be chosen all such officers as are by law to be elected in such year, unless otherwise provided for.
Duties of County Commissioners-Precinct Established, How and When-Number of Voters in Precinct. Sec. 2. It shall be the duty of boards of county commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate, and abolish the same as public convenience or necessity may require; provided- First-That no new precinct shall be established except upon petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling-place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling-place or precinct, |
κ1917 Statutes of Nevada, Page 359 (CHAPTER 197)κ
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board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling-place or precinct, Second-That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding election therein shall be given. Third-All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections are given, shall be entitled to register and vote in the election precinct having a polling-place nearest their residence, by the usual traveled route. Fourth-That no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county, unless there shall have been polled, at the said voting place, at the next preceding general election, not less than fifty votes. The several boards of county commissioners in the counties of this state in providing for and proclaiming election precincts shall so arrange and divide the voting places in the respective counties so that no greater number than four hundred voters shall vote in one precinct. It shall be the duty of said boards of county commissioners, at their first regular meetings in September preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct, and two clerks of election, who shall have charge of the ballots on election day and shall furnish them to the voters in the manner hereinafter provided for, and the clerk of said board shall forthwith make and deliver to said inspectors personally notice thereof in writing, or deposit the same in the postoffice registered, and postage prepaid, directed to the registry agent of the precinct for which each of said inspectors and clerks are appointed, and it shall be the duty of said registry agent, within ten days after the receipt thereof, to serve the same upon each of said inspectors and clerks of election. At the same time and in the same manner the clerk of said board shall furnish to each of said inspectors and clerks of election one copy of the election laws for their special use. It shall be the further duty of the board of county commissioners to cause their clerks to furnish the sheriff with poll-books and other supplies required to be provided by said board of inspectors and clerks of election, and the clerk shall at the same time deliver to the sheriff the ballot-boxes, and keys, the official ballots, the sample ballots, and printed instructions. |
No less than ten electors in precinct
Certain electors may register in nearest precinct
Certain precincts must be one mile apart
Limit of 400 voters in one precinct
Commissioners to appoint election officers
Duties of county clerk |
κ1917 Statutes of Nevada, Page 360 (CHAPTER 197)κ
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Duties of sheriff
Failure of election board, how treated
Penalty
Sickness of inspector
Inspectors act till successors appointed
Oath of election officers
Who may administer oaths |
instructions. The sheriff shall thereafter deliver said election supplies by registered or insured mail, express or otherwise, to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election. Sec. 3. If in any precinct any of such inspectors and clerks are unwilling to serve as inspectors and clerks they should notify the board of county commissioners thereof within five days after the receipt of the notice of their appointment, returning the copy of the election laws sent to them, and clerk of the board of county commissioners shall immediately appoint some suitable person to fill the vacancy and to serve at such election. A failure to notify the board of county commissioners of any unwillingness to serve as inspector or clerk as herein provided shall subject the person to a penalty of not less than ten nor more than one hundred dollars, to be sued for and recovered by said board of county commissioners for the use of the county before any justice of the peace of any county. If through any accident, sickness or inability on the day of election of such inspectors or clerks, or any one thereof, to serve, the inspector or inspectors present on the morning of election may appoint some suitable person to fill the vacancy.
Duties of Inspectors of Election. Sec. 4. The said inspectors shall be and continue inspectors of all elections of civil officers to be held in their respective precinct until other inspectors shall be appointed as hereinbefore directed; and the clerks of election may continue to act as such.
Election Officers To Be Sworn. Sec. 5. Previous to votes being taken, the inspectors and clerks of election shall, severally, take the prescribed official oath, and, in addition thereto, an oath or affirmation in the following form, to wit: I, A. B., do solemnly swear (or affirm), as the case may be, that I will perform the duties of inspector (or clerk, as the case may be) of the election to be held this day, according to law and to the best of my ability, and that I will studiously endeavor to prevent fraud, deceit, and abuse in any manner, in conducting the same. So help me God (or if an affirmation under the pains and penalties of perjury).
Who May Administer Oaths. Sec. 6. In case there shall be no judge or justice of the peace present at the opening of the election, one of the inspectors is hereby empowered to administer the oath or affirmation and shall cause an entry thereof to be made and subscribed by him in the poll-books. |
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Opening and Closing Polls. Sec. 7. At all elections to be held under this act, the polls shall be open at the hour of 8 oclock in the forenoon, and continue open until 6 oclock in the afternoon of the same day, at which time the polls shall be closed; provided, whenever at any election all the votes of the precinct as shown by the registry list shall have been cast, the inspectors shall immediately close the polls and shall forthwith begin the counting of the ballots, and continue the same without unnecessary delay until the count is completed. Upon opening the polls one of the clerks, under the direction of the inspectors, shall make proclamation of the same, and thirty minutes before closing of the polls proclamation shall be made in like manner that the polls will be closed in half an hour; provided further, if at the hour of closing there are any voters in the polling-place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote. But no one who shall arrive at the polling-place after 6 oclock in the afternoon shall be entitled to vote, although the polls may be open when he arrives. No adjournment or intermission shall be taken except as hereinafter provided.
Ballot-Boxes Furnished. Sec. 8. There shall be provided and kept by the county commissioners of each county, at the expense of the county, a suitable ballot-box, with a lock and key, for each precinct, and they shall furnish the same to the inspectors of each election precinct or district within their county.
Ballot-Boxes To Be Examined. Sec. 9. There shall be an opening through the lid of each box of no larger size than shall be sufficient to admit a single folded ballot. Before opening the polls, the ballot-box shall be carefully examined by the inspectors of election, that nothing may remain therein; it shall then be locked and the key thereof delivered to one of the inspectors, to be designated by the majority thereof, and shall not be opened during the election, except in the manner and for the purpose hereinafter mentioned.
Duties of Officers of Election. Sec. 10. It shall be the duty of the inspectors of election, at each poll at every election, to have before them a certified copy of the register of voters of the precinct or district for which they are the inspectors provided by law; and the inspector to whom any ticket may be delivered shall, upon receipt thereof, pronounce with an audible voice the name of the person offering to vote, and another one of the inspectors shall examine the certified copy of the register, and if the name of the person is found thereon his ticket shall be put in the ballot-box without being inspected. The name of the elector shall then be checked on the certified copy of the register, and the clerks of election shall enter his name and number in the poll-book. |
Hours for opening and closing polls
Ballot boxes
Description of ballot boxes
Duties of officers of election |
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Name of elector to be checked
Special deputy sheriffs
Challenge
Oath on challenge
Canvass of votes
Canvass, how conducted |
name of the elector shall then be checked on the certified copy of the register, and the clerks of election shall enter his name and number in the poll-book. No person shall be permitted to vote whose name is not on the register and who shall refuse to comply with the requirements of section 12 of this act. Said register shall be to said inspectors of election conclusive evidence of the right of the person to vote whose name appears upon the same; provided, that said inspectors of election may require any person to give true answers under oath or affirmation to all such questions as they may desire to ask touching the identity of the person with the name in or under which he may wish to vote.
County Commissioners to Determine Number of Deputy Sheriffs to Serve at Election. Sec. 11. It shall be the duty of the board of county commissioners of the several counties of the state to determine the number of special deputy sheriffs to be appointed by the sheriff of the several counties to serve at each election precinct, for the purpose of preserving order and making arrests, to be paid as other fees.
Who May Challenge-Oath of Elector on Challenge. Sec. 12. A person offering to vote may be orally challenged by any elector of the precinct upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, in which the inspector or one of the judges shall tender him the following oath: You do swear (or affirm) that you are the person whose name is entered upon the registry list of this precinct. In case such person refuse to take oath so tendered he shall not be allowed to vote, and the clerks of the election shall write the word Challenged opposite the name of each person challenged upon the register.
Vote Canvassed, How. Sec. 13. As soon as the polls of election shall be finally closed the inspectors shall immediately proceed to canvass the vote given at such election; and the canvass shall be public and continue without adjournment until completed.
Vote Canvassed, When. Sec. 14. The canvass shall commence by a comparison of the poll-lists from the commencement, and a correction of any mistake that may be found therein, until they shall be found to agree. The box shall then be opened and the ballots contained therein taken out and counted by the inspectors, and opened so far as to ascertain whether each ballot is single and if two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed; and if on comparison of the count with the poll-lists and the appearance of such ballots a majority of the inspectors shall be of the opinion that the ballots thus folded together were voted by one elector they shall be rejected, and carefully sealed up in an envelope, upon which shall be written the reason for their rejection, and shall be signed by the inspectors, and placed back in the ballot-box, to be retained with the other ballots. |
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together were voted by one elector they shall be rejected, and carefully sealed up in an envelope, upon which shall be written the reason for their rejection, and shall be signed by the inspectors, and placed back in the ballot-box, to be retained with the other ballots.
Ballot-Box, How Purged. Sec. 15. If the ballots in the box shall be found to exceed in number the whole number of votes on the poll-lists they shall be replaced in the box, after being purged as above, and one of the inspectors, with his back turned to the box, shall publicly draw out and destroy therefrom so many ballots, unopened, as they shall equal the excess.
Duties of the Clerks of Elections. Sec. 16. The ballots and poll-lists agreeing, or being made to agree, the board shall then proceed to count and ascertain the number of votes cast, and for whom cast, and when completed the clerks shall set down in their poll-books the name of every person voted for, written at full length, the office for which such person received such votes, and the number he did receive, the number being expressed in writing at full length, and also in figures; such entry to be made, as nearly as the circumstances will admit, in the following form, to wit:
At an election held at the house of A. B., in the town (or precinct) of ., in the county of ., and the State of Nevada, on the .day of , A. D , the following-named persons received the number of votes annexed to their respective names for the following-described offices, to wit: A. B. had ..votes for member of Congress. C. D. had ..votes for state treasurer. E. F. had ..votes for state controller. G. H. had ..votes for state superintendent of public instruction. I. J. had ..votes for member of state senate. K. L. had ..votes for member of the assembly. (And in a like manner for any person voted for.) Certified by us: M. N., O. P., Q. R., Inspectors of Election. Attest: A. B., C. D., Clerks of Election. The vote for and against any question submitted to the electors shall be certified and returned in the same manner. Sec. 17. The inspectors shall file the voted ballots on a string, enclose and seal the same in an envelope endorsed Election Returns, Voted Ballots. The rejected ballots shall be filed on a string, enclosed and sealed in an envelope endorsed Election Returns, Rejected Ballots; |
Purging of ballot-box
Duties of clerks of election
Form of returns
Questions voted on
Inspectors to seal returns and file same with certain officers |
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Order of officers receiving sealed returns
Further regulations
Returns to be posted
Result of vote cast to be posted at polling place |
endorsed Election Returns, Rejected Ballots; one of the tally-lists, regular ballots, one of the tally-lists, rejected ballots, and one of the poll-books shall be enclosed and sealed in an envelope endorsed Election Returns. Voted ballots, rejected ballots, tally-list, regular ballots, tally-list, rejected ballots, challenge-list, certified copy of register, stubs of used ballots and unused ballots shall be sealed under cover, directed to the clerk of the board of county commissioners of the county in which such election was held, or such other officer as herein provided, endorsed Election Returns; provided, that if said clerk of the board of county commissioners, as county clerk, or any one of the following named county officers was voted for office at the last election he shall not be the custodian of such election returns, but such returns shall be directed and delivered to the county officer who was not a candidate and voted for office in the following order: Second-The county recorder. Third-The county treasurer. Fourth-The county assessor. Fifth-The chairman of the board of county commissioners. Sixth-One of the county commissioners. Seventh-To the county clerk if all of the said officers were voted for at the last election. The voted ballots, rejected ballots, spoiled ballots, tally-list, challenged-lists, certified copy of the register, stubs of the ballots used, this enclosed and sealed, shall, after canvass of the votes by the board of county commissioners, be deposited in the office of the vaults of the county clerk, and preserved until the next general election. The other poll-books and tally-lists shall be deposited with one of the inspectors of the election, to be determined by lot, if not otherwise determined, agreed upon, and said poll-book or tally-list deposited with the board of county commissioners shall be subject to the inspection of any elector, at any time thereafter, who may wish to examine the same; provided, however, that the ballots so deposited with the board of county commissioners shall not be subject to the inspection of any one, except in cases of contested election, and then only by the judge, body, or board before whom such election is being contested.
Duties of Inspectors of Election. Sec. 18. In precincts which are by the usually traveled route more than ten miles distant from the county-seat, and wherein less than fifty voters shall be registered for that election, the inspectors shall, before they adjourn, post conspicuously at the polling-place a bulletin signed by each of them stating the number of ballots cast for each candidate and for and against each question which has been voted upon. Sec. 19. Before closing the final adjournment of any board of election in any voting precinct in this state the inspectors shall canvass and count any and all ballots rejected by them on a separate tally-sheet, in the same manner as legal ballots are now canvassed and counted, and transmit said sheet with the other papers and documents as provided in section 17. |
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ner as legal ballots are now canvassed and counted, and transmit said sheet with the other papers and documents as provided in section 17. The Result of Votes Cast for any and all candidates, and on all questions submitted, so far as can be determined, shall be posted immediately thereafter in some conspicuous place in the building in which the election is held, a duplicate copy of which shall be sent under separate cover to the county clerk and the county clerk shall file and keep it in his office until the next general election.
Unlawful for Inspector to Put Mark on Ballot-Exception. Sec. 20. I shall be unlawful for any clerk or inspector of election to place any mark whatsoever upon any ballot other than a spoiled ballot; provided, however, that when such clerks or inspectors of election shall reject a ballot for any alleged defect or illegality, it shall be the duty of such inspectors of election to certify over their signatures upon the back of each and every ballot rejected that such ballot or ballots were in fact rejected, and briefly stating their reasons therefor. Sec. 21. They shall also, in precincts mentioned in section 18, before they adjourn, place the papers and documents named in section 17 in one or more sealed packages, the weight of which including the wrapper on box, must be less than the limits of weight allowed to be transmitted by mail. They shall then address the same to the proper officer at the county-seat, stating in writing on the outside of the package the contents thereof, and deliver it to one of their number, to be chosen by lot, who shall immediately without opening it or permitting it to be opened, deliver it to the nearest postmaster and pay the postage thereon, and have the package registered; provided, it may be sent by express if it can be delivered quicker than by mail.
Expenses, How Paid. Sec. 22. The inspector who delivers the package shall be paid the amount expended by him in paying the postage on the package, and fifteen cents per mile for going to and fifteen cents for returning from the postoffice in the same manner and out of the same fund as other election expenses are paid; provided, that no such mileage shall be paid unless the total distance necessarily traveled in going and returning be greater than two miles.
Custody of Ballots. Sec. 23. In cases where section 18 of this act shall apply the ballots shall, after they reach the county-seat, be kept in sealed packages by the proper officer, instead of in the ballot-boxes.
Custody of Ballot-Box. Sec. 24. In precincts mentioned in section 18, the ballot-box may remain in the custody of the inspectors until the next election, when it shall be turned over to the inspectors of said election, and in such cases the tally-lists, poll-books and other books and papers may be sent in sealed packages by registered mail to any of the inspectors. |
Spoiled ballots, how treated
Returns sent by registered mail, when
Expenses, how paid
Custody of ballots |
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Custody of ballot-box
Commissioners to canvass result
Tie vote, how treated
Recount
New election, when |
box may remain in the custody of the inspectors until the next election, when it shall be turned over to the inspectors of said election, and in such cases the tally-lists, poll-books and other books and papers may be sent in sealed packages by registered mail to any of the inspectors.
County Commissioners to Canvass-Tie-Recount-New Election, When. Sec. 25. On the tenth day (or if that day shall fall on Sunday, then on the Monday following), after the close of any election, or sooner, if all the returns be received, the board of county commissioners shall proceed to open said returns and make abstracts of the votes. Such abstracts of votes for United States senator and for member or members of Congress shall be on one sheet; the abstract for votes for presidential electors shall be on one sheet; the abstract of votes for members of the legislature shall be on one sheet; the abstract of the votes for district and state officers shall be on one sheet, and the abstract of votes for county and township officers shall be on one sheet; and the abstract of votes upon any question shall be on one sheet. And it shall be the duty of the board of county commissioners to cause a certificate of election to be made out by the respective clerks of said board of county commissioners to each of the persons having the highest number of votes for members of the legislature, district, county, and township offices, respectively, and to deliver such certificate to the person entitled to it on his making application to said clerk at his office; provided, that when a tie shall exist between two or more persons for the senate or assembly, or any other county, district or township officer, any of said persons shall have the right to demand of the board of county commissioners a recount of all the ballots cast for them for the office for which they were candidates; and provided further, that if after said recount has been had the vote between them or any of them shall still remain a tie, the board of county commissioners shall order their clerk to give notice to the sheriff of the county, who shall immediately advertise another election giving at least ten days notice. And it shall be the duty of the said clerk of said board of county commissioners of said county, on the receipt of the return of any general or special election, to make out his certificate of election, stating therein the compensation to which the inspectors and clerks of election may be entitled by law for their services, and lay the same before the board of county commissioners at their next session; and the said board shall order the compensation aforesaid, if correct, to be paid out of the county treasury.
Penalty for Malfeasance-Canvass for State Officers. Sec. 26. The board of county commissioners, after making the abstract of votes as provided in section 25, shall cause their clerk, by an order made and entered in the minutes of their proceedings, to make a copy of said abstract, and forthwith transmit the same to the secretary of state at the seat of government. |
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ing the abstract of votes as provided in section 25, shall cause their clerk, by an order made and entered in the minutes of their proceedings, to make a copy of said abstract, and forthwith transmit the same to the secretary of state at the seat of government. If the board of county commissioners shall neglect or refuse to make the order as required by this act, they and each of them shall be guilty of a misdemeanor in office, and shall, on conviction thereof, be liable to a fine of not less than one hundred dollars nor more than five hundred dollars each, and imprisonment in the county jail for not less than ten and not more than one hundred days each, or both such fine and imprisonment, and shall be removed from office. And on the third Monday of December succeeding such election the chief justice of the supreme court and the associate justices, or a majority thereof, shall meet at the office of the secretary of state, and shall open and canvass the vote for United States senator and members of Congress, district and state officers; and for and against any questions submitted. The governor shall grant a certificate of election to and commission the persons having the highest number of votes and shall also issue proclamations declaring the election of such persons. But in case there shall be no choice, by reason of any two or more persons having an equal and the highest number of votes for the same office, the senate and assembly shall convene in the assembly chamber, on the second Monday of February, at the next regular session of the legislature after such election, and by joint vote of both houses elect one of said persons to fill said offices; provided, when an election for electors of president and vice-president of the United States takes place, the vote thereof shall be canvassed at the same time and in the manner aforesaid.
Informality, How Treated. Sec. 27. No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such returns what office is intended and who is entitled to such certificates, nor shall any commission be withheld by the governor or board of county commissioners on account of any such defect or informality of any returns made to the office of the secretary of state or to the board of county commissioners.
Messengers May Be Employed, When and by Whom. Sec. 28. If the returns of the election of any county in the state shall not be received at the office of the secretary of state on or before said third Monday in December succeeding such election, the said secretary may forthwith send a messenger to the clerk of the board of county commissioners of such county, whose duty it shall be to furnish said messenger with a copy of such returns, and the said messenger shall be paid out of the treasury of such county the sum of twenty cents for each mile he shall necessarily travel in going to and returning from said county. |
Returns for state officers sent to secretary of state
Supreme court to canvass
Governor to issue certificate
Informalities not to vitiate
Messengers employed, when |
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Canvass for district officers
Duties of county clerks regarding returns
Per diem of election officers |
shall be paid out of the treasury of such county the sum of twenty cents for each mile he shall necessarily travel in going to and returning from said county. Whenever it shall be necessary in the opinion of the board of county commissioners to employ a messenger to convey the returns to the seat of government and deliver them to the secretary of state, the person performing such service shall also be entitled to receive, as compensation, mileage at the rate of twenty cents per mile, computing the distance from the county-seat to the seat of government by the usual traveled route.
Duties of County Commissioners. Sec. 29. When two or more counties are united in one senatorial, representative, or judicial district for the election of any officers, the board of county commissioners of each county shall canvass the votes, according to law, of the voters of their respective counties for said officer or officers; and the commissioners of the county whose initial is the lowest on the alphabet shall transmit to the commissioners of the county of the highest initial a copy of the abstract of the votes for such officer or officers, when the said last commissioners shall make a final abstract and aggregate of said votes, and shall proceed to cause to be issued certificates of election, and otherwise to act as is provided in this and the two preceding sections.
Duties of County Clerks in Transmitting Returns. Sec. 30. Whenever the returns are required to be transmitted by the clerk of the board of county commissioners to the secretary of state, it shall be the duty of such clerk, if not otherwise directed by the board of county commissioners, to deliver the same to some postmaster of the county, at the postoffice, to be transmitted by mail, taking from such postmaster, if it can be obtained, a certificate setting forth the time when such reports were deposited in the postoffice, which certificate the clerk shall file in his office. If the clerk of the board of county commissioners should neglect or refuse to make out and transmit the returns or abstract, as required by this act, he shall be deemed guilty of a misdemeanor in office, and, upon conviction thereof, shall be fined in any sum not less than one hundred dollars or more than five hundred dollars, and imprisonment in the county jail for not less than one month or more than six months, or both such fine and imprisonment, in the discretion of the court, and shall be removed from office.
Per Diem of Inspector and Clerk of Election-Mileage of Messenger. Sec. 31. There shall be allowed out of the county treasury of such county to each inspector and each clerk of election five dollars per diem, but in no case to exceed twenty dollars for all services required by law to be performed by each of them at any one election. And to the person carrying the poll-books from the place of election to the clerks office the sum of fifteen cents per mile for going and fifteen cents per mile for returning to be paid out of the county treasury. |
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books from the place of election to the clerks office the sum of fifteen cents per mile for going and fifteen cents per mile for returning to be paid out of the county treasury.
AUSTRALIAN BALLOT LAW Ballots, How Provided. Sec. 32. All ballots cast in elections for public officers within this state shall be printed and distributed at public expense as hereinafter provided. The printing of general tickets and cards of instruction for the electors of each county, and the delivery of the same to the election officers, as provided for in this act, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses and in case of separate elections for city, town, or district officers the printing and delivering of tickets and cards of instruction shall be a charge upon the city, town, or district in which said tickets and cards are to be used, the payment of which shall be provided for in the same manner as the payment of other city, county, or district expenses.
Duties of Secretary of State. Sec. 33. Not less than thirty-five days before an election to fill any public office, the secretary of state shall certify to the county clerk of each county within this state the name of each person and the name of the office for which he is nominated, as specified in the certificate of nomination filed with him.
Secretary of State to Certify Constitutional Amendment to County Clerk-Punishment for Neglect. Sec. 34. When any proposed constitution, constitutional amendment, or other question is to be submitted to the popular vote, the secretary of state shall, within ninety days before the election at which such constitution, constitutional amendment or question to be voted upon, certify the same to each county clerk of this state, assigning to each question or constitutional amendment a number by which it shall be designated, sending to each of said clerks enough copies of such constitution, constitutional amendments, or other questions to supply each inspector of election, and enough additional copies to carry out the provisions of this act. And it is hereby made the duty of the county clerks of each county to have posted, ten days before election, in each precinct, three copies of said constitution, constitutional amendment or other question to be voted on, one of which copies shall be posted at the place of holding the polls. If there is a newspaper published in the county, the county clerk shall cause to be published said constitution, constitutional amendment, or other question to be voted therein three times; one publication thereof shall be at least thirty days before election; another not less than twenty days; and another, not more than ten days before said election. Any secretary of state or county clerk of this state who shall fail to comply with the provisions of this act shall be deemed guilty of a misdemeanor and on conviction shall be fined in a sum not less than $100, nor more than $500. |
Mileage
Australian ballot law
All printing, etc., to be public charge
Duties of secretary of state
Constitutional amendments, action upon |
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Duties of county clerks and secretary of state in relation to ballots
Description of ballots, how printed, etc.
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state or county clerk of this state who shall fail to comply with the provisions of this act shall be deemed guilty of a misdemeanor and on conviction shall be fined in a sum not less than $100, nor more than $500.
Duties of County Clerk and Secretary in Relation to Ballots. Sec. 35. It shall be the duty of the county clerk to provide printed ballots for every election for public offices, in which any voters within the county participate, and to cause to be printed in the ballot prescribed herein the name of each and every candidate whose name has been certified to, or filed with him, as provided in this act. Ballots, other than those printed, as provided in this act, shall not be cast, or counted, in any election. All ballots shall be printed on tinted paper, furnished by the secretary of state. It shall be the duty of the secretary of state to obtain and keep on hand a sufficient supply of such paper for ballots, and to furnish the same in quantities ordered to any county clerk. Said paper shall be watermarked with a design furnished by the secretary of state, in such manner that the said watermark shall be plainly discernible on the outside of such ballot when properly folded. Such design shall be changed for each general election, and the same design shall not be used again at any general election within the space of eight years, but at any special or separate local election paper marked with the design used at any previous election may be used.
Ballots, How Printed, Numbered and Ruled-Specifications as to Type, Etc. Sec. 36. On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no writing or printing, except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of candidates are printed in separate columns the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name. The names of the candidates for each office shall be arranged under the designation of the office in alphabetical order, according to the surname, except that the names of candidates for presidential electors shall be arranged in groups as presented in the several certificates of nomination, the political designation of each candidate except in the case of candidates for judicial offices, shall be printed opposite his name. |
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printed opposite his name. There shall be a margin at the right-hand side of the names at least one-half inch wide, so that the voters may clearly indicate in the way hereinafter described the candidate or candidates for whom he wishes to vote. Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot, in such manner as to enable the electors to vote upon the question in the manner hereinafter provided, with a brief statement of the purport of such question. Before every question or constitutional amendment to be voted upon, there shall be placed a number, to be designated by the secretary of state, in boldfaced type, not smaller than 24-point. There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidate, such as Vote for one, Vote for three, and the like.
Number of Ballots, and How Bound. Sec. 37. All ballots when printed shall be bound in stub-books of five, ten, twenty-five, fifty, and one hundred ballots each. A record of the number of ballots printed for them shall be kept by the respective county clerks. Sec. 38. The county clerk shall provide for each election precinct in the county at least one hundred and ten ballots for each one hundred voters registered therein, and not more voters than five ballots in excess thereof.
Duties of County Commissioners. Sec. 38 1/2. Whenever it shall appear, by affidavit, that an error or omission has occurred in the publication of the name or description of any of the candidates nominated, or in the printing of the ballots, any member of the board of county commissioners, upon application by any voter, shall issue an order requiring the county clerk to correct such error.
Duties of Officers on Loss or Destruction of Ballots. Sec. 39. Before the opening of the polls at any election the county clerk shall cause to be delivered to the board of election of each election precinct in his county the proper number of tickets of the kind to be used in election precinct. In case of prevention of an election in any precinct by reason of the loss or destruction of the ballots intended for that precinct, or any other cause, the inspector or other election officer for the precinct shall make an affidavit setting forth the fact and transmit it to the governor of the state. Upon receipt of such affidavit, and upon the application of any candidate for any office to be voted for by the voters of such precinct, the governor shall order a new election in such precinct.
Booths and Ballot-Box Provided. Sec. 40. The board of county commissioners shall provide, at each polling-place within the county, a sufficient number of places, booths, or compartments, in which voters may conveniently mark their ballots, that in the marking thereof they may be screened from the observation of others, and a guard-rail shall be so placed that only such persons as are inside said rail can approach within six feet of the ballot-box and of such booths or compartments. |
Description of ballot
Number of ballots in books
Number of ballots to each 100 voters
Error in ballots, how cured
Loss of ballots; new election, when |
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Commissioners to provide booths, ballot-boxes, etc.
How to vote
How to prepare ballot; must be stamped with rubber stamp in black ink |
number of places, booths, or compartments, in which voters may conveniently mark their ballots, that in the marking thereof they may be screened from the observation of others, and a guard-rail shall be so placed that only such persons as are inside said rail can approach within six feet of the ballot-box and of such booths or compartments. The arrangement shall be such that neither the ballot-box nor the booths or compartment shall be hidden from the view of those just outside the guard-rail. The number of such booths or compartments shall not be less than one for each fifty or fraction of fifty voters registered in the precinct. Each of said booths or compartments shall be kept provided with proper supplies and conveniences for marking ballots. No person other than voters engaged in receiving, preparing, or depositing their ballots, shall be permitted inside said guard-rail during the time the polls are open, except by authority of the board of election, and in that case only for the purpose of keeping order and enforcing the law.
How to Vote. Sec. 41. Any person desiring to vote shall give his name and address to one of the clerks of election, who shall announce the same, and if the other clerks shall find the name upon the registry book he shall repeat the name and address. One ballot shall then be given to the voter, and the number of the said ballot shall be written by one of the clerks of election upon the registry list opposite the name of the voter receiving it.
Ballot, How Prepared-Marking Done with Stamp. Sec. 42. On receiving his ballot the voter shall immediately retire alone to one of the places, booths, or compartments. He shall prepare his ballot by stamping a cross or X in the square, and in no other place, after the name of the person for whom he intends to vote for each office. In case of a constitutional amendment or other question submitted to the voters, the cross or X shall be placed in the square after the answer which he desires to give. Such stamping shall be done with a stamp in black ink, which stamp, ink, and ink-pad shall be furnished in sufficient number by the county clerk for each election precinct in the county. Before leaving the booth or compartment the voter shall fold his ballot in such manner that the water-mark and the number of the ballot shall appear on the outside, without exposing the stamps upon the ballot, and shall keep it so folded until he has voted. Having folded his ballot, the voter shall deliver it to the inspector, who shall announce the name of the voter and the number of his ballot. The clerk having the registry list in charge, if he finds the number to agree with the number of the ballot, delivered to the voter, shall repeat the name and number, and shall mark opposite the name the word Voted. The inspector shall then separate the strip bearing the number from the ballot, and shall deposit the ballot in the ballot-box. |
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deposit the ballot in the ballot-box. Said strip and number shall immediately be destroyed.
Ten Minutes to Prepare Ballot. Sec. 43. But one person shall occupy any one booth or compartment at one time, and no person shall remain in a booth or compartment longer than may be necessary to prepare his ballot, and in no case longer than ten minutes.
Spoiled Ballot, How Treated. Sec. 44. Any voter who shall accidentally spoil a ballot may return such spoiled ballot to the clerk of election, and receive another one in its place. All the ballots thus returned shall be immediately canceled by writing the word Canceled across the face of the ballot, and with those not distributed to the voters, shall be returned with the election returns. A voter who does not vote the ballot delivered to him shall, before leaving the space inside the guard-rail, return such ballot to the clerks, who shall immediately cancel the same and return it in the same manner as a spoiled ballot. The clerks of election shall account for the ballots delivered to them by returning a sufficient number of unused and spoiled ballots to make up, when added to the number of official ballots cast, the number of ballots delivered to them.
Who May Be Assisted. Sec. 45. A voter who declares under oath that by reason of physical disability he is unable to mark his ballot shall, at his request, be permitted to receive the assistance, in the marking, of any elector, other than an election officer, but no person shall be permitted to go inside the guard-rail as an assistant to more than one voter.
Kind of Ballots To Be Deposited. Sec. 46. No ballots shall be deposited in the ballot-box unless the water-mark, as hereinbefore provided, appears thereon, and the slip containing the number of the ballot has been removed therefrom by the inspector.
Sample Ballots-Instructions to Voters To Be Posted. Sec. 47. The county clerk shall cause to be printed on plain white paper, without water-mark or endorsement, except the words Sample Ballot, at least one-half as many copies of the form of ballot provided for use in each precinct as there shall be registered voters in any election precinct, and shall furnish same to the board of election of each precinct. Said county clerk shall also cause to be printed in plain type on cards, instructions for the guidance of voters for obtaining and marking their ballots. He shall furnish twelve such cards to the boards of election of each election precinct in the county at the time and in the manner that ballots and sample ballots are furnished. The board of election shall post at least one of such cards in each booth provided for the preparation of ballots, and not less than three of such cards at other public places in and about the polling-places on the day of election. |
Ten minutes to prepare ballot
Spoiled ballot, how treated
Assistance in voting, when
Only official ballots voted
Sample ballots, number of
Cards of instruction posted |
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Ballots to be counted; kind rejected
Ballots must be printed within county or state
Duties of secretary of state and county clerks
Fraudulent voting a felony |
three of such cards at other public places in and about the polling-places on the day of election.
Kind of Ballots To Be Counted-Kind Rejected. Sec. 48. In counting the ballots any ballot not bearing the water-mark, as provided in this act, shall not be counted, but such ballot must be preserved and returned with the other ballots. When a voter marks more names than there are persons elected to an office, or if for any reason it is impossible to determine the voters choice for any office, his vote for such office shall not be counted. Any ballot upon which appears names, words, or marks, written or printed, except as in this act provided, shall not be counted. But nothing in this act shall be construed as grounds for the rejection of a ballot where the intention of the voter is clear and where marks on the ballot cannot be definitely shown to be intentional distinguishing marks, characters or words.
County Clerk to Have Ballots Printed at Newspaper or Printing Office Within the County or State. Sec. 49. The county clerks of the several counties of this state shall supervise the printing of the ballots, and such ballots shall be printed at some newspaper or printing office in the county where the ballots are to be voted, and in case there is no newspaper or printing office in the county in which the work can be done, then said clerk is hereby authorized, empowered, and directed to have said printing done in any newspaper or printing office in the state; provided, that the cost of printing said ballots shall not exceed the sum of forty dollars per thousand.
Duties of Secretary of State and County Clerks. Sec. 50. It shall be the duty of the secretary of state to cause to be printed in pamphlet form a requisite number of copies of this act, with marginal notes and properly indexed, a suitable number of which shall be forwarded by him to the county clerks of the several counties of the state on or before the first day of July previous to holding of any general election and at least twenty days previous to the holding of any special election. And it is hereby made the duty of said county clerks to enclose in each and every ballot-box sent out by them to be used at the various precincts of their respective counties one or more copies of said act as in their judgment they may deem proper.
Fraudulent Voting a Felony. Sec. 51. Any person who shall vote, or offer to vote, at any election mentioned in this act, but who shall not be a qualified elector to vote, in the name of any other registered elector, may be deemed guilty of a felony, and on conviction thereof before any court of competent jurisdiction shall be punished by imprisonment in the state prison for not less than one or more than three years; and any person who shall wilfully cause, or endeavor to cause his name to be registered in any other election district than that in which he resides, |
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tered in any other election district than that in which he resides, or will reside prior to the day of the next ensuing election; and any person who shall cause or endeavor to cause his name to be registered, knowing that he is not a qualified elector, or will not be a qualified elector on or before the day of the next ensuing election in the election district in which he causes or endeavors to cause such registry to be made; and any other person who shall induce, aid, or abet any such person in the commission of either of such acts in this section enumerated and described shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by confinement in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment, in the discretion of the court.
Perjury and Penalty For. Sec. 52. All wilful, corrupt and false swearing or affirming before any registry agent shall be deemed perjury, and on conviction shall be punished as such. If any register agent or any other person in any manner concerned shall wilfully and corruptly violate any of the provisions of this act, the penalty for which is not herein specifically prescribed, he shall be punished for each and every offense whereof he shall be duly convicted by imprisonment in the state prison for a term not less than one nor more than five years, or by fine, of not less than one hundred nor more than one thousand dollars, or both such fine and imprisonment, in the discretion of the court.
Betting on Elections. Sec. 53. Every person who makes, offers or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor.
Neglect or Refusal of Duty. Sec. 54. Every person charged with the performance of any duty under the provisions of any law of this state relating to elections, who wilfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, shall be deemed guilty of a felony, and punishable by a fine of not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment.
Misdemeanor-Penalty. Sec. 55. Every person who after being required by the board of judges at any election, refuses to be sworn, or who after being sworn, refuses to answer any pertinent question propounded by such board, touching his right, or right of any other person to vote, is guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment. |
Fraudulent voting a felony
Perjury defined; penalty for
Betting on election prohibited
Neglect or refusal of duty |
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Misdemeanor; penalty
Fraud on ballot-box, felony; how treated
Fraudulent voting; penalty
Violating secrecy of ballot; misdemeanor |
after being sworn, refuses to answer any pertinent question propounded by such board, touching his right, or right of any other person to vote, is guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment.
Fraud on Ballot-Box-Felony-How Punished. Sec. 56. Every person not entitled to vote who fraudulently votes, and every person who votes more than once at any election, or knowingly hands in two or more tickets folded together, or changes any ballot after the same has been deposited in the ballot-box, or adds, or attempts to add, any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot-box before or after the ballots therein have been counted, or adds to or mixes with or attempts to add or mix with the ballots lawfully provided, other ballots while the same are being counted or canvassed, or abstracts any ballots lawfully polled at any time with intent to change the result of such election, or carries away or destroys, or attempts to carry away or destroy, any poll-list or ballots, or ballot-box, for the purpose of breaking up or invalidating such election, or wilfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with voters lawfully exercising their right of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, shall be guilty of a felony, punishable by a fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment.
Fraudulent Voting-Penalty. Sec. 57. Every person not entitled to vote who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who procures, aids, assists, counsels or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, shall be guilty of a misdemeanor, punishable by a fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding sixty days, or by both such fine and imprisonment.
Misdemeanor to Violate Secrecy of Ballot-Forging Returns a Felony. Sec. 58. Every inspector, judge, or clerk of an election who, previous to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of any elector which has been handed in to be opened or examined previous to putting the same into the ballot-box, or who makes or places any mark or device on any folded ballot, with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have voted for by such elector, is punishable by a fine of not less than fifty nor more than five hundred dollars. |
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name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have voted for by such elector, is punishable by a fine of not less than fifty nor more than five hundred dollars. Every person who forges or counterfeits the returns of an election purporting to have been held at a precinct, town or ward, when no election was in fact held, or wilfully substitutes forged or counterfeit returns of election in place of the true returns of a precinct, town, or ward where an election was actually held, is punishable by imprisonment in the state prison for a term of not less than two or more than ten years.
Bribery, Intimidation or Menace-Penalty. Sec. 59. Every person who by force, threats, menaces, bribery, or any corrupt means, either directly or indirectly, attempts to influence any elector in giving his vote, or to deter him from giving the same, or attempts by any means to awe, restrain, hinder, or disturb any elector in the free exercise of the right of suffrage, or furnishes an elector wishing to vote, who cannot read, with a ticket, informing or giving such elector to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any elector at such election by deceiving and causing such elector to vote for a different person or any office than he intended or desired to vote for, or who, being inspector, judge, or clerk of any election, while acting as such, induces or attempts to induce, any elector either by menace or reward; or promise thereof, to vote different from what such elector intended or desired to vote, shall be guilty of a felony, punishable by a fine not exceeding one thousand dollars, or imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment.
Promoters of Candidates Punished-Penalty. Sec. 60. Every person who, with the intent to promote the election of himself or any other person, either, First-Furnishes entertainment at his expense to any meeting of electors previous to or during an election; Second-Pays for, procures, or engages to pay for any such entertainment; Third-Furnishes or engages to pay or deliver any money or property for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, except for the conveyance of voters who are sick or infirm; Fourth-Furnishes or engages to pay or deliver any money or property for any purpose intended to promote the election of any candidate, except for the expenses of holding and conducting public meetings, for the discussion of public questions, and of printing and circulating ballots, handbills, and other papers previous to such election-shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars, or imprisonment not exceeding six months in the county jail. |
Forging returns a felony
Bribery, intimidation or menace; penalty
Promoters of candidate punished; penalty |
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Bribery or attempts to bribe, a felony
Contingent promises of appointment a felony
Sale of liquor prohibited
Duties of governor; to offer reward |
papers previous to such election-shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars, or imprisonment not exceeding six months in the county jail.
Bribery or Attempt to Bribe, a Felony. Sec. 61. Every person who gives or offers a bribe to any officer or member of any legislature, caucus, political convention, committee, primary election, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, shall be guilty of a felony, punishable by a fine not exceeding five thousand dollars or ten years imprisonment in the state prison, or both such fine and imprisonment.
Contingent Promises of Appointment. Sec. 62. Every person who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, position, or employment as an inducement or consideration to any person to vote for, or procure or aid in procuring the election of such candidate, or person not being a candidate, who communicates any offer made in violation of this and the preceding section to any person with intent to induce him to vote for, or to procure or aid in procuring the election of the candidate, shall be deemed guilty of a felony, punishable by imprisonment not exceeding five years or a fine not exceeding five thousand dollars, or by both such fine and imprisonment.
Sale of Liquor Prohibited. Sec. 63. No person shall sell, give away, or furnish, or cause to be sold, given away, or furnished, either for or without pay, within this state, on any day upon which a general election is held, or within the limits of any county, or city, or on any day upon which any special or municipal election is held therein, any spirituous, malt, or fermented liquors or wines; and any one so doing shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than one nor more than six months, or by both such fine and imprisonment, in the discretion of the court; and it shall be the duty of the judges of the district courts of the several judicial districts in this state to specially give this act in charge to every grand jury impaneled in their respective districts.
Duties of Governor-Reward Offered. Sec. 64. The governor is hereby authorized and directed, at least thirty days previous to any general election, and fifteen days previous to any special election, to issue a proclamation offering a reward of one hundred dollars for the arrest and conviction of any person violating any of the provisions of this act when the crime is a misdemeanor, and a reward of two hundred dollars for the arrest and conviction of any person guilty of a felony, as herein provided; such rewards to be paid until the total amount hereafter expended for the purpose reaches the sum of ten thousand dollars, payable out of any moneys in the state treasury not otherwise appropriated. |
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arrest and conviction of any person violating any of the provisions of this act when the crime is a misdemeanor, and a reward of two hundred dollars for the arrest and conviction of any person guilty of a felony, as herein provided; such rewards to be paid until the total amount hereafter expended for the purpose reaches the sum of ten thousand dollars, payable out of any moneys in the state treasury not otherwise appropriated. All moneys collected under the provisions of this act shall revert to the general school fund of the several counties where such cases were brought.
Misdemeanor to Interfere with Election Supplies. Sec. 65. Any person who shall, during an election, remove or destroy any of the supplies or other conveniences placed in the booths or compartments, or shall, during an election, remove, tear down, or deface the cards of instruction posted, as prescribed by this act, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not less than fifty dollars and not exceeding five hundred dollars, or by imprisonment in the county jail for a term not less than one month and not exceeding six months.
Neglect of Public Officer, How Punished. Sec. 66. Any public officer upon whom any duty is imposed by this act, who shall wilfully neglect or refuse to perform any such duty, shall be deemed guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for a term not less than one year and not exceeding five years.
Many Interdictions Under Penalty. Sec. 67. No person except a member of the board of election shall receive from any voter a ballot prepared by such voter. No person shall examine such ballot or solicit a voter to show the same. No person shall remove any ballot from any polling-place before the closing of the polls. No person shall apply for or receive a ballot at any election precinct other than the one at which he is entitled to vote. No person shall show his ballot to any person, after marking it, so as to reveal any of the names voted for. No person shall ask another within one hundred feet of the polling-place for whom he intends to vote. No voter shall receive a ballot from any other person than one of the clerks of election, nor shall any other person than a clerk of election deliver such ballot to such voter. No voter shall deliver to the board of election or to any member thereof any ballot other than the one received from the clerk of election. No voter shall place any mark upon his ballot by which it may afterwards be identified as the one voted by him. Any person violating any provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum of not less than fifty dollars and not exceeding five hundred dollars, or by imprisonment in the county jail for a term not less than one month and not exceeding six months. |
Misdemeanor to interfere with election supplies
Neglect of public officer, how punished
Many interdictions under penalty |
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Who may contest election
Irregularities of returns
Contest instituted, how
Proceedings in contest; district court to decide |
dollars, or by imprisonment in the county jail for a term not less than one month and not exceeding six months.
Who May Contest an Election. Sec. 68. Any elector of the proper county may contest the right of any person declared duly elected to an office exercised in and for such county; and also, any elector of a township may contest the right of any person declared duly elected to any office in and for such township, for any of the following causes: First-For malconduct on the part of the board of inspectors, or any member thereof. Second-When the person whose right to the office is contested was not at the time of election eligible to such office.
Irregularities of Returns. Sec. 69. When any election held for an office exercised in and for a county is contested on account of any malconduct on the part of the board of inspectors of any precinct, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct shall change the result as to such office in the remaining vote in the county.
Contest Instituted, How. Sec. 70. When any elector shall choose to contest the right of any person declared duly elected to such office he shall, within forty days thereafter, file with the clerk of the district court a written statement, setting forth specifically: First-The name of the party contesting such election, and that he is a qualified elector of the district, county, or precinct (as the case may be) in which such election is held. Second-The name of the person whose right to the office is contested. Third-The office. Fourth-The particular cause or causes of such contest. Said statement shall be verified by the affidavit of the contesting party, that the matters and things therein contained are true to the best of his knowledge and belief.
Proceedings in Contests-District Court to Decide. Sec. 71. When the reception of illegal votes is alleged as a cause of contest, it shall be sufficient to state generally that illegal votes were given to the person whose election is contested in the specific precinct or precincts, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony shall be received of illegal votes unless the party contesting such election shall deliver to the opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony shall be received of any illegal votes except such as are specified in such list; provided, that in all cases of contested elections the district court of the respective districts shall have original jurisdiction to try and determine all such cases, and may, by mandamus or otherwise, obtain all documentary evidence required by either of the parties litigant. |
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all such cases, and may, by mandamus or otherwise, obtain all documentary evidence required by either of the parties litigant.
Strict Form Not Essential. Sec. 72. No statement of the cause of contest shall be rejected, nor the proceedings thereon dismissed, by any court before which such contest may be brought for trial, for want of form, if the particular cause or causes of contest shall be alleged with such certainty as will sufficiently advise the defendant of the particular proceedings or causes for which such election is contested.
Duties of Clerk of District Court. Sec. 73. Upon such statement being filed, it shall be the duty of the clerk of the district court to inform the judge thereof, who shall fix the time and place to hear and determine such contested election; and the clerk shall give notice thereof, not less than ten nor more than twenty days from the date of such notice to the parties contesting, which said notice shall be served by the sheriff of the county upon the respective parties as in other cases.
Process. Sec. 74. The said clerk shall issue subpenas and subpenas duces tecum, as in civil actions at law, for witnesses in such contested election at the request of either party, which shall be served by the sheriff as other subpenas; and the district court shall have full power to issue attachments to compel the attendance of witnesses who shall fail to attend, who shall have been duly subpenaed.
Duties of Clerk of District Court. Sec. 75. Upon the certified copy of a judgment of the district court, or a certified copy of the judgment of the supreme court, as the case may be, the clerk of the board of county commissioners shall issue a certificate to the person declared to be entitled to such certificate of election.
Fees of County Officers. Sec. 76. The clerk, sheriff, and witnesses shall receive, respectively, the same fees from the party against whom the judgment is given as are allowed for similar services in the district court.
Effect of Judgment of Court. Sec. 77. Whenever an election shall be annulled and set aside by the judgment of the district court, and no appeal has been taken therefrom within thirty days, such certificate, if any has been issued, shall thereby be rendered void and the office become vacant.
Contests To Be Tried, Where. Sec. 78. In case of any contest in regard to any election to fill the office of district judge, such contest shall be tried in like manner before the district court of the district nearest adjoining thereto. |
Strict form not essential
Duties of clerk of district court
Process
County clerk to issue certificates
Fees of county officers
Effect of judgment of court
Contests tried, where |
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Who may bring action
Duties of attorney-general
Order of court
Damages recovered, when
One action, when
Contests for senate and assembly |
in like manner before the district court of the district nearest adjoining thereto.
Who May Bring Action. Sec. 79. Any such action may be brought by the attorney-general, in the name of the State of Nevada, upon his own information or upon the complaint of any private party against any person who unlawfully holds any public office within the state; and it shall be the duty of the attorney-general to bring such action whenever he has reason to believe that any such office is unlawfully held or exercised by any person or when he is directed to do so by the governor.
Duties of Attorney-General-Order of Court. Sec. 80. Whenever such action is brought the attorney-general, in addition to the statement and cause of action, may also set forth in the complaint the name of the person rightly entitled to the office or franchise, with a statement of his right thereto; and in such case, upon proof by affidavit or otherwise, that the defendant has received fees or emoluments belonging to the office or franchise, by means of his usurpation thereof, an order may be granted by a judge of the supreme court, or a district judge, for the arrest of such defendant and holding him to bail; and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.
Damages May Be Recovered. Sec. 81. If the judgment be rendered upon the right of the person so alleged to be entitled in favor of such person, he may recover, by action, the damages which he shall have sustained by reason of the usurpation of the office or franchise by the defendant.
One Action, When. Sec. 82. When several persons claim to be entitled or elected to the same office one action may be brought by or against all such persons, in order to try their respective rights to such office.
How Conducted. Sec. 83. In case of contest for senator or assemblyman in any county in this state, the party contesting shall file a statement in the office of the county clerk of the county in which such senator or assemblyman may be a resident, and a concise statement of the grounds upon which he intends to reply, which statement shall be verified by affidavit; and it shall be the duty of the clerk to issue a commission, directed to a justice of the peace of such county, to meet at such time and place as shall be specified in such commission, not less than twenty nor more than thirty days from the filing of such papers, for the purpose of taking the deposition of such witnesses as the parties to such contest may wish to examine, and notice shall be served upon the person whose right to such office is contested by the sheriff of the county, the same as provided for by law in like cases. |
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and notice shall be served upon the person whose right to such office is contested by the sheriff of the county, the same as provided for by law in like cases. Sec. 84. Said justices of the peace shall have power at any time to issue subpenas for witnesses at the request of either party, to be served by the sheriff as other subpenas; and said justice shall have the same power to issue attachments and assess fines against witnesses as is given to justices of the peace in other trials instituted before him; and all testimony taken before him during such proceeding shall be in writing, and shall be certified to and forwarded by mail or express, or delivered to the clerk of the county. Sec. 85. It shall be the duty of said clerk to seal up such depositions, together with the original statement of the grounds of such contest, and a copy of the notice served upon the party whose right is contested, and the commission issued to the justice of the peace, and transmit the same by mail to the secretary of state, indorsing thereon the names of the contesting parties and the branch of the legislature before which such contest is to be tried.
Secretary of State to Deliver Papers. Sec. 86. It shall be the duty of the secretary of state to deliver the same, unopened, to the presiding officer of the house in which such contest is to be tried, on or before the second day after the organization of the legislature next after taking such depositions; and such presiding officer shall immediately give notice to said house that said papers are in his possession.
Depositions May Be Taken, When and How. Sec. 87. At any time after notice of any contest shall be given, and before the trial of such contested election before the proper branch of the legislature, it may be lawful for either party to such contest to take depositions, to be read on the trial thereof in like manner and under the same rules as are allowed and required in cases of depositions to be read on any trial pending in the district court; and such depositions, when thus taken, shall be sealed up by the officer taking the same and directed to the secretary of state, who shall keep the same unopened, and deliver them to the presiding officer of the house in which such contest is to be tried, to be disposed of by such officer as the depositions specified in the preceding sections.
When Contest May Be Commenced for State Officers. Sec. 88. Proceedings to contest the election of any state officer must be begun within sixty days after the evidence becomes available upon which contest is based.
For Other Officers. Sec. 89. Proceedings to contest the election of any county officer, or any officer other than a state officer, must be begun within forty days after the evidence becomes available upon which such contest is based. |
Subpenas to be issued
County clerk to transmit papers to secretary of state
Secretary of state to deliver papers to legislature
Depositions, proceedings regarding
Contests for state offices
For other offices |
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When time begins to run
Demands for recount, when must be made
Contest for state offices must be in supreme court
Regulations regarding referendum
Petition
Names need not be on one petition |
within forty days after the evidence becomes available upon which such contest is based.
When Time Begins to Run. Sec. 90. Delays arising from any cause tending to prevent the obtaining of evidence upon which a contest is brought shall not cause such contest to fail, but the time provided in this act shall begin to run only from the day when such evidence may be freely available to the person contesting the election of another, and from and after the passage of this act.
When Demand for Recount Must Be Made. Sec. 91. Demands for recount must be made within sixty days from the day of election, or after the passage of this act if the recount is to be had of votes cast at the last general election preceding the passage of this act.
For Contesting Election of State Officers-How Instituted. Sec. 92. Any qualified elector of the state may contest the election of any person declared duly elected to any state office within this state by filing a specification of the grounds of such contest with the clerk of the supreme court, which specification shall be verified by oath or affirmation, and it is hereby made the duty of the attorney-general to prosecute such action in the name of the people of the state before the supreme court, who shall have original jurisdiction in such cases; the justices, or any of them, shall have power to issue such process as may be necessary to the complete hearing and final determination of such action.
REFERENDUM Petition. Sec. 93. Whenever ten per centum or more of the voters of this state, as shown by the number of votes cast at the last preceding general election for justice of the supreme court, shall express their wish that any law or resolution made by the legislature be submitted to the vote of the people, they shall file with the secretary of state, not less than four months before the time set for such general election, a petition, which petition shall contain the names and residences of at least ten per centum of the voters of this state, demanding that a referendum vote be had by the people of the state at the next general election upon the bill or resolution on which the referendum is demanded.
More Than One Petition-Verification. Sec. 94. The names of the electors so petitioning need not all be upon one petition, but may be contained in one or more petitions; but each petition must be verified by at least one of the voters who has signed such petition, and such voter making such verification must swear that the persons signing said petition are qualified voters of this state. Said petition may be verified upon information and belief. |
κ1917 Statutes of Nevada, Page 385 (CHAPTER 197)κ
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Secretary of State to Certify Questions to the County Clerk-Same To Be Public. Sec. 95. That upon receipt of said petition by the secretary of state he shall file the same, and at the next general election shall submit the questions of the approval or disapproval of said law or resolution to the people of the state to be voted upon at the ensuing election wherein any state or congressional officer is to be voted for, or wherein any questions may be voted upon by the electors of the entire state. And the secretary of state shall certify the said law to the several county clerks in this state, and they shall publish the same in accordance with the provisions of law requiring the said county clerks to publish questions and constitutional amendments which are to be submitted for popular vote.
Questions, How Placed on Ballots. Sec. 96. That the title of the act shall be set out on the ballot and the question printed upon the ballot for the information of the voter shall be as follows: Shall the act (setting out the title thereof) be approved? And the votes cast upon such question shall be counted and canvassed as are the votes for state officers counted and canvassed.
Operations of Referendum. Sec. 97. When a majority of the electors voting on the question of the approval or disapproval of any act at a state election shall, by their vote, signify approval of the same, such act shall stand as the law of the state, and shall not be overruled, annulled, set aside, suspended, or in any way made inoperative, except by a direct vote of the people. When a majority shall so signify disapproval, the law or resolution so disapproved shall be void and of no effect.
MISCELLANEOUS PROVISIONS Words Construed. Sec. 98. Words in this act in the masculine gender shall be construed be construed to comprehend the feminine gender in compliance with the constitutional amendment granting suffrage to women.
Judicial Officers. Sec. 99. No words designating the party affiliation of any candidate for a judicial or school office shall be printed upon the ballot.
School Elections. Sec. 100. School trustees shall be elected in accordance with the provisions of chapter six of an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
Electors in Military Service. Sec. 101. Electors of the State of Nevada in the military service of the United States may, when called into such service, vote in accordance with the provisions of the act approved March 14, 1899. |
Secretary of state to certify questions to county clerks, who shall publish same
Form of question
Operations of referendum
Words construed
Judicial and school offices to be nonpartisan
School trustees elected in accordance with school law |
κ1917 Statutes of Nevada, Page 386 (CHAPTER 197)κ
|
Military electors, how to vote
Repeal |
service of the United States may, when called into such service, vote in accordance with the provisions of the act approved March 14, 1899.
Repeal. Sec. 102. All parts of acts in conflict with the provisions of this act are hereby repealed. |
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Demonstration farms authorized
Conducted under agreement with university authorities
Purposes of such farms
How county avails itself of this act |
Chap. 198An Act to provide for the establishment of county agricultural farms and agricultural plots, and state aid thereto.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of demonstrating new or improved varieties of agricultural and horticultural crops; the handling and management of soils; the adaptability of certain soils to certain crops; improved cultural methods in the growing and harvesting of crops; improved methods in farm management and in farm accountancy, and for any other purpose incident to agricultural development or the reclamation of lands, the boards of county commissioners of the several counties are hereby authorized to establish county agricultural demonstration farms and county agricultural demonstration plots as hereinafter provided. A demonstration farm, under the provisions of this act, shall be a farm unit of not less than ten acres nor more than eighty acres. A demonstration plot shall not be less than one acre nor more than ten acres. Sec. 2. Every such agricultural demonstration farm or plot under the provisions of this act shall be conducted by the owner, lessee or manager thereof under the supervision of, and in accordance with, the terms of a written project agreement entered into with the agricultural extension division, University of Nevada, and approved by the board of county commissioners of the county in which the same is located. Such agreement shall include the keeping by such owner, lessee or manager, of accurate and systematic records and accounts in the form prescribed by said agricultural extension division, and which shall be subject to inspection, use and publication in furtherance of the purposes of this act. Sec. 3. The purpose of such demonstration farms shall be to demonstrate the results of improved systems of farm management and accountancy, as prescribed by said agricultural extension division and applied to such farm units. The purpose of such demonstration plots shall be to demonstrate the value and importance of new or improved varieties of crops, soil management, soil and climate adaptability to certain crops, etc. Sec. 4. Any county desiring to avail itself of the provisions of this act shall, by resolution of its board of county commissioners, bind itself to pay to the owner, lessee or manager of such demonstration farm, |
κ1917 Statutes of Nevada, Page 387 (CHAPTER 198)κ
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manager of such demonstration farm, or plot, as follows: For each demonstration farm, the sum of ten dollars per acre, but not exceeding the sum of one hundred dollars for any such demonstration farm unit; and for any demonstration plot, a minimum of twenty-five dollars, if the same be less than three acres, and ten dollars per acre if containing three acres or more, which said sum shall be paid annually, for each year such demonstration is to be continued, on the certification by said agricultural extension division that such demonstration has been conducted in accordance with agreement; provided, that no county shall be obligated under the provisions of this section, except in respect to demonstration farms and plots which have been approved by the board of county commissioners as provided in section two of this act. The authority to provide for such expenditure in the budget of the county and to disburse the same as aforesaid is hereby granted the board of county commissioners and the other officials of the several counties. Sec. 5. Every such demonstration farm or plot conducted under the provisions of this act shall be legibly marked for the information of visitors, and shall at all proper hours be open to public inspection; provided, that visitors shall be held accountable for any injury done to growing crops or to the premises. Sec. 6. It shall be the duty of said agricultural extension division annually to prepare the information resulting from such demonstration in a form serviceable to aid and advance agricultural welfare of the state, and such number of copies thereof as may be deemed necessary, not exceeding ten thousand, shall be printed by the state printer for free distribution. Sec. 7. Each county availing itself of the provisions of this act shall certify to the board of examiners the sum expended by such county in the subsidy of farm demonstration as heretofore provided, and said board of examiners shall approve all such claims to the extent of one-half the amount of money so expended by any county, and the controller shall draw his warrants in favor of the said county for such proportionate amount and the state treasurer shall pay the same. |
Proviso
Demonstration farms to be legibly marked
Printed reports of said work
County to bear equal expense |
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Chap. 199An Act to authorize the county commissioners of Washoe County to issue bonds for improvement of county public roads, in Washoe County, Nevada.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of improving the county public roads of Washoe County, Nevada, the board of county commissioners of said county are hereby authorized, empowered and directed to issue bonds in the name of said Washoe County, not to exceed in amount the sum of twenty thousand dollars, said bonds to be known as Washoe County Public Road Bonds. |
Bonds for improvement of public roads in Washoe County |
κ1917 Statutes of Nevada, Page 388 (CHAPTER 199)κ
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Bonds, how prepared
Negotiation of bonds
Denomination of bonds
Fund for interest and redemption of bonds |
County, not to exceed in amount the sum of twenty thousand dollars, said bonds to be known as Washoe County Public Road Bonds. Of said issue the sum of five thousand dollars of the proceeds is to be used in the improvement of the county road from Reno, Washoe County, Nevada, to a point on the state line near Purdy, California, to meet the California highway from Susanville in said county. The balance of the proceeds of such issue is to be expended by said board of county commissioners in the improvement of such public roads in said county as they may decide to improve. Sec. 2. Said board shall cause said bonds, or as many thereof as may be deemed necessary, to be prepared and they shall be signed by its members and its clerk and the county treasurer, and authenticated with the official seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond so they may be removed without injury to the bonds, numbered consecutively, and signed by the county treasurer. Sec. 3. The said board is authorized to negotiate the sale of said bonds to the highest responsible bidder at not less than their par value, after advertising for sealed bids for the same in one or more daily papers published in the city of Reno, for a period of not less than ten days, Sundays and legal holidays excluded, preceding the date of the opening of said bids; the proceeds of which shall be placed with the county treasurer in what shall be known as the fund of the Washoe County Public Road Fund, and which said fund shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn by the county treasurer of said county in payment of the obligations contracted under the provisions of this act. Sec. 4. The said bonds shall be of the denomination of one thousand dollars each; they shall be numbered consecutively, and they shall bear interest at the rate of not to exceed five per cent per annum, payable on the second Monday of January of the second succeeding year in which said bonds or any of them shall have been issued, and every twelve months thereafter; and on the second Monday of January, A. D. 1920, and every twelve months thereafter, one or more of said bonds so issued shall have been fully taken up and satisfied. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest-numbered bond to be first paid and redeemed, and so on until the whole amount of said bonds shall have been paid and redeemed, as in this act provided. Sec. 5. For the purpose of creating a fund for the payment of the interest on the bonds authorized by this act, the board of county commissioners of Washoe County is hereby authorized and required to levy and collect annually a sufficient tax on all property, both real and personal, subject to taxation within the boundaries of said Washoe County, |
κ1917 Statutes of Nevada, Page 389 (CHAPTER 199)κ
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to taxation within the boundaries of said Washoe County, to pay the accumulated interest on all of said bonds outstanding on the second Monday in January in each year as aforesaid, and for the purpose of creating a fund for the payment of said bonds said board of county commissioners shall levy and collect a sufficient tax as aforesaid to redeem one or more of said bonds on the second Monday of January, 1920, and each twelve months thereafter. Said tax in each instance shall be levied and collected in the same manner and at the same time as other taxes are assessed, levied and collected, and the proceeds thereof shall be kept by the county treasurer of said county in the fund hereinabove created and known and designated as aforesaid. At the maturity of said bonds, and each of them, and the coupons thereon, and each of them, they, and each of them, shall be paid by the said county treasurer out of the said fund, and shall thereupon be canceled and marked Paid by the county treasurer; provided, however, that no interest shall be allowed or paid on any of the said bonds after they have become due and payable and shall have been called in for redemption. Sec. 6. All laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the said board in carrying out the provisions of this act, and all demands and bills contracted by said board in carrying out the provisions of this act shall be filed with the county clerk, acted upon, allowed, and paid by directions of the said board, as is now required for other demands and bills by law. |
County commissioners to levy tax
General laws to govern |
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Chap. 200An Act to amend section 77 of an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 77 of the above-entitled act is hereby amended so as to read as follows: Section 77. The boards of county commissioners of the several counties of the state are hereby authorized and empowered to create new school districts from unorganized territory when there shall have been presented to them from the parents or guardians of five school census children a certified petition which shall accurately describe the boundaries of the proposed district, such boundaries to conform, when practicable, with the lines of the government surveys, and the names and ages of all children residing in such proposed district at the date of such petition. The boards of county commissioners may create new districts from a portion or portions of one or more established districts upon the presentation of a similar petition signed by not less than three-fifths of the heads of families and taxpayers of the districts from which the proposed new district is to be taken. |
Certain new school districts, how created |
κ1917 Statutes of Nevada, Page 390 (CHAPTER 200)κ
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Change in boundaries, how made
District lapses, when
Size of district limited |
of one or more established districts upon the presentation of a similar petition signed by not less than three-fifths of the heads of families and taxpayers of the districts from which the proposed new district is to be taken. They may make changes in the boundaries of districts upon petition of three-fifths of the heads of families and taxpayers of the district or districts to be affected by the change, or they may make changes in said boundaries so as to place one or more families having school children, residing in a school district much nearer the schoolhouse of an adjoining district than that of their own, in the district most convenient for them to attend; provided, that this may be done only on written petition of the family or families desiring such change and that said petition shall be accompanied by the recommendation of the deputy or district superintendent; and provided further, that before decisive action in the premises by the board of county commissioners, due notice shall be given to the two school districts to be affected by the proposed change, that parents and others who may be opposed thereto can appear before the board of county commissioners at the next regular meeting thereof, or at a later designated date, to show cause why the aforesaid petition should not be granted. When a new school district is organized, school shall be commenced therein within one hundred twenty days from the date of action of the board of county commissioners creating such district, and if school shall not be commenced within such time within said district then such action shall become void and no such district shall exist. No district organized under this act shall exceed in size sixteen miles square. |
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Certain false advertising prohibited |
Chap. 201An Act to prohibit false advertising, and providing a penalty therefor.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person, firm, corporation or association, who, with intent to sell or in anywise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in this state, in a newspaper or other publication or in form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading. |
κ1917 Statutes of Nevada, Page 391 (CHAPTER 201)κ
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or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading. Sec. 2. Any person, firm, or any officer or managing agent of any corporation or association, who shall violate the provisions of this act shall be guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days, or by both such fine and imprisonment. |
Penalties named |
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Chap. 202An Act to amend an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 97 of the above-entitled act is hereby amended so as to read as follows: Section 97. Upon notice from the deputy superintendent of public instruction that a district has fewer than three resident children in actual school attendance, the board of county commissioners shall abolish such district; provided, however, that where there are at least two resident children in actual school attendance, and there is sufficient funds to the credit of the district, or in its treasury to meet the actual expense attendant on the continuation of the school, the district shall be continued and the school maintained so long as such funds so exist. |
School district abolished, when |
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Chap. 203An Act to amend sections 6 and 7 of an act entitled An act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6 of the above-entitled act is hereby amended so as to read as follows: Section 6. The electors so chosen shall convene at the seat of government on the second Monday in January next after their election at two oclock in the afternoon, or on such other date as the Congress of the United States may by law hereafter provide, and in case of the death or absence of any elector so chosen or in case the number of electors shall from any cause be deficient the electors then present shall forthwith elect from the qualified electors of the state as many persons as shall supply the deficiency. |
Regarding presidential electors |
κ1917 Statutes of Nevada, Page 392 (CHAPTER 203)κ
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Presidential electors to cast ballot for president and vice-president of U. S.
Returns transmitted |
hereafter provide, and in case of the death or absence of any elector so chosen or in case the number of electors shall from any cause be deficient the electors then present shall forthwith elect from the qualified electors of the state as many persons as shall supply the deficiency. Section 7. The electors, when convened on said second Monday in January, shall vote by ballot for one person for president and one person for vice-president of the United States, one of whom, at least, shall not be an inhabitant of this state. They shall name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes given for each, which list they shall sign and certify and transmit, sealed up, to the seat of government of the United States, directed to the president of the senate; and they shall, in all respects, proceed conformably to the constitution of the United States, and the laws of the United States in this behalf. |
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To incorporate assets of insolvent banks
Directors |
Chap. 204An Act authorizing the incorporation of the assets of insolvent banks and providing for the distribution of the stock of such corporation to the creditors and depositors of such banks.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever any bank shall be placed in the hands of a receiver by any court under and by virtue of the laws of this state the court, if it shall appear that such bank is insolvent and from an appraisal of its assets that it will be unable to pay more than seventy cents on the dollar to its depositors and creditors in court shall, upon the application of the attorney-general, direct that a corporation be formed with a capital stock equivalent to the aggregate amount due to the depositors and creditors of the bank, and order the receiver to sell and convey, transfer, sign and set over all property, real and personal, and all stocks, bonds, notes and causes of action to such corporation so formed, and the court shall order a distribution of the stock of such corporation prorated to the creditors and depositors of such bank. Such corporation shall be formed under the general corporation act of this state, but no fees shall be required to be paid to the secretary of state or to the county clerks under which the articles may be filed. The court shall appoint three persons to sign and acknowledge the articles of incorporation and upon the due and regular filing thereof shall appoint five directors who shall serve for three months from the date of their appointment or until their successors are elected and qualified as hereinafter provided. |
κ1917 Statutes of Nevada, Page 393 (CHAPTER 204)κ
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qualified as hereinafter provided. It shall be the duty of the attorney-general to prepare the articles of incorporation of such corporation and attend and assist in the formation of such corporation and the transfer of the assets in the hands of the receiver or belonging to such insolvent bank to the corporation so formed. Sec. 2. It shall be the duty of the directors appointed by the court to immediately elect a president, vice-president and secretary, and it shall be the duty of such directors to immediately call a meeting of all stockholders of such corporation for the purpose of electing officers and adopting by-laws, such meeting to be held within three months from the date of incorporation and at such time and place as may be fixed by the court. For the purpose of this act every depositor or creditor of any insolvent bank in the hands of a receiver shall be considered a stockholder of the corporation so formed, and shall be entitled to one vote for each share of stock held by him or to which he may be entitled on the day of election. Every depositor or creditor shall be entitled to one share of stock for each dollar due him from such insolvent bank. At the meeting of the stockholders held pursuant to order of the court as heretofore provided, there shall be elected by them a board of five directors and they shall adopt by-laws for the corporation and transact such other business as may be proper at an annual meeting of a corporation under the laws of Nevada. The directors shall immediately following their election elect their officers and thereafter the corporation shall be conducted in accordance with the by-laws and the laws of the State of Nevada governing corporations. Sec. 3. Nothing herein contained shall be construed as permitting the transaction of a banking business by any corporation formed hereunder. |
Duties of directors
Depositors and creditors are stockholders
Officers
Banking business prohibited |
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Chap. 205An Act to amend sections 6 and 7 of an act entitled An act to create the office of road inspector, to provide for work on public roads, and to limit the compensation therefor, approved February 27, 1897.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6 of the above-entitled act is hereby amended so as to read as follows: Section 6. Compensation to others than road inspector shall be not to exceed the current wage rate for days work for the district in which such work is performed, and not to exceed the current price for one man and a span of draft animals and the current price for each additional span. The person so compensated shall, without additional charge, furnish such tools, implements, vehicles, and other necessary equipment, as may be necessary to his work. |
Labor on public roads to be at current rates |
κ1917 Statutes of Nevada, Page 394 (CHAPTER 205)κ
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Eight hours a days work on public roads
Emergency, when |
person so compensated shall, without additional charge, furnish such tools, implements, vehicles, and other necessary equipment, as may be necessary to his work. Sec. 2. Section 7 of the above-entitled act is hereby amended so as to read as follows: Section 7. A days work on the public roads shall consist of at least eight hours actual labor, exclusive of the time spent in going to and returning from the work, and in no case shall pay be given for more than one days time between sunrise and sunset of the same day, to or for the same person. In cases of emergency, however, more than eight hours labor shall be performed, and the persons so performing such labor shall be compensated for the time spent. |
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Regarding state liquor licenses
County treasurer to forward statement to state controller
Incorporated cities retain one-half of liquor licenses |
Chap. 206An Act to amend an act entitled An act to provide revenue for the support of the government of the state of Nevada and to repeal all acts and parts of acts in conflict herewith, approved March 22, 1915.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10 of the above-entitled act is hereby amended to read as follows: Section 10. On the first Monday in each month the sheriff shall pay over to the county treasurer all moneys received by him for state liquor licenses in like manner and form as is hereinafter provided for the payment of county license moneys; and the duties and liabilities of the sheriff, treasurer and auditor with relation thereto shall be the same as hereinafter prescribed with relation to county licenses. The county treasurer shall, between the second and third Mondays in each month, forward to the state controller a certified detailed statement of all moneys paid to him by the sheriff in accordance with this section, which statement will show the number of each license, whether wholesale, retail, or druggists, to whom and date issued, period covered, amount of each license, and total amount received; which statement shall be furnished to the county treasurer by the sheriff and shall be the basis of the monthly settlement. In every county in this state, which now or may hereafter have duly incorporated cities, it shall be the duty of the license collector of said county to pay into the city treasury one-half of the amount of the moneys collected from the county liquor licenses, as defined by section 3 of this act, within the corporate limits of such city or cities. |
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κ1917 Statutes of Nevada, Page 395κ
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Chap. 207An Act creating the Northeastern Nevada Agricultural Board; defining its purpose, and prescribing its duties; providing for cooperation with the agricultural extension division, University of Nevada, and other matters relating thereto, and making an appropriation therefor.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the advancement of agriculture, horticulture, the livestock industry and the reclamation of lands, and for the dissemination of knowledge and information in relation thereto, in northeastern Nevada, the governor is hereby authorized to appoint three persons, resident and engaged in farming in Elko County, as members of the northeastern Nevada agricultural board, which is hereby created. The terms of office of said board shall be at the pleasure of the governor, and they shall serve without compensation other than for actual traveling and living expenses when attending meetings thereof. Said board shall organize by electing one of their number as chairman and may appoint a secretary who shall serve without salary. Sec. 2. Said board, cooperatively with the agricultural extension division, University of Nevada, shall forthwith appoint a county agricultural agent who shall be a practical dry-farm expert and be otherwise qualified to perform the duties required of a competent agricultural leader. Said agent shall be under the direction of said board; provided, that his duties shall be annually defined in a written project agreement entered into by said board with the director of agricultural extension, and which shall include a detailed budget of the proposed expenditures for such year. Sec. 3. The said dry farm expert shall receive a salary of eighteen hundred ($1,800) dollars per year, to be paid as other state salaries are paid. He shall also be entitled to actual traveling expenses, subject to audit as in the case of other state claims by the state board of examiners, after approval by the Nevada dry-farm board. Sec. 4. The sum of twenty-five hundred ($2,500) dollars is hereby appropriated from any funds in the state treasury not otherwise appropriated for the purpose of paying traveling and other expenses which may be incurred in carrying out the provisions of this act. Sec. 5. The said dry-farm expert shall make and publish annual reports for each calendar year showing his activities during the year. Such reports may, in the discretion of the state board of examiners, be printed at the state printing office under the general provisions of an act entitled An act to designate and authorize the work to be done in the state printing office, approved March 5, 1909. |
Northeastern Nevada agricultural board created
County agricultural agent appointed
Salary, $1,800 per year
Appropriation, $2,500
Report to be printed |
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κ1917 Statutes of Nevada, Page 396κ
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Preamble
New state prison on prison farm
Commission to prepare bonds
Bonds to be sold to educational funds |
Chap. 208An Act to provide for the establishment and erection of a states prison on the present prison farm property; providing for the construction of a cell-house; providing for the issuance and sale of bonds therefor; and to repeal all acts and parts of acts in conflict herewith.
[Approved March 24, 1917]
Whereas, The present Nevada state prison is of obsolete design and construction and has practically outgrown its usefulness, and the necessity of additions and betterments are such as to make it undesirable to continue the present plant, which is unsuitable for modern penal needs, it is deemed advisable to construct a new prison on the present prison farm property; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of prison commissioners are hereby authorized and directed to proceed with the construction of the first unit of the new Nevada state prison, as indicated in the preamble hereof; which said first unit shall consist of a cell-house of modern design and construction; provided, such cell-house shall be built, so far as may be deemed possible, of prison stone and by convict labor. Sec. 2. The governor, state controller and state treasurer are hereby constituted a commission, and hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada in the sum of fifty thousand dollars, the proceeds from the sale of which bonds are hereby appropriated for the purpose of constructing the first unit mentioned in the preceding section. Said bonds shall be in denominations of one thousand dollars each, payable in gold coin of the United States, and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of five per cent per annum, payable semiannually, and shall be payable within twenty years from the date of issuance. Sec. 3. Upon the issuance and execution of said bonds the same shall be sold and delivered to the state permanent school fund, university ninety-thousand-acre grant fund, or the university seventy-two section grant fund, as money may be available and in the state treasury in said funds, and when so sold the state controller shall draw his warrant against said fund or funds for the amount of said bonds. Said bonds shall be sold at par, and the proceeds thereof shall be placed in a fund to be known as New State Prison Building Fund. At least four of said bonds of one thousand dollars each shall be redeemed each year commencing June 1, 1918, and annually thereafter on the same date. |
κ1917 Statutes of Nevada, Page 397 (CHAPTER 208)κ
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dollars each shall be redeemed each year commencing June 1, 1918, and annually thereafter on the same date. Sec. 4. There shall be annually levied an ad valorem tax of one-half of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the New State Prison Building Interest and Redemption Fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for there shall remain a surplus in said fund, such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus. Sec. 5. The cost of the first unit of the new Nevada state prison shall not exceed the sum of fifty thousand dollars. The board of prison commissioners, on or before the first day of September, 1917, shall employ a competent architect to prepare and submit plans and specifications to said board for the construction work herein provided for, and when said plans and specifications are approved by the board said board shall advertise for a period of six weeks for sealed bids for the construction of said cell-house in accordance with the specifications, which shall be on file subject to inspection. Said board shall let the contract for the construction of said building to the lowest responsible bidder; provided, that any and all bids may, for sufficient reason, be rejected. Sec. 6. The board of prison commissioners shall provide in all contracts for time and amounts of payments thereon, as the work progresses, a reasonable stated proportion of moneys earned to be withheld until the completion and acceptance of the work by said board. Good and sufficient bonds shall be required from the contractors. All bills for the employment of architect for the erection of said building shall be considered a portion of the cost thereof, and shall be paid out of the fifty-thousand-dollar fund herein created upon bills approved by the board of prison commissioners, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid. |
State tax authorized
Cost of first unit of new prison limited
Prison commission to provide for payments |
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Chap. 209An Act to accept the benefits of an act passed by the Senate and House of Representatives of the United States of America in Congress assembled, to provide for the promotion of vocational education, approved February 23, 1917.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the State of Nevada does hereby accept the benefits of an act passed by the Senate and House of Representatives of the United States of America in Congress assembled entitled An act to provide for the promotion of vocational education; |
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κ1917 Statutes of Nevada, Page 398 (CHAPTER 209)κ
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State accepts benefits of act of Congress
State board of education to act
State treasurer custodian
Appropriation for two years, $30,000 |
the benefits of an act passed by the Senate and House of Representatives of the United States of America in Congress assembled entitled An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure, approved February 23, 1917, and will observe and comply with all the requirements of said act. Sec. 2. That the state board of education is hereby designated as the state board for the purposes of the said act and is hereby given all necessary power to cooperate with the federal board of vocational education in the administration of the provisions of the act. Sec. 3. That the state treasurer is hereby designated and appointed as custodian for vocational education and shall receive and provide for the proper custody and disbursement of moneys paid to the state from appropriations made by said act, and of moneys hereinafter appropriated by the state for this purpose. Sec. 4. That the sum of thirty thousand dollars ($30,000) is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, as a vocational educational fund, to be available in the biennial period beginning July 1, 1917, for the preparation of teachers, supervisors, and directors of agricultural subjects and teachers of trade and industrial and home economics subjects; for the salary of teachers of trade and industrial and home economic subjects, and for the salary of teachers, supervisors, and directors of agricultural subjects, so as to receive the full benefit of the said act of Congress. |
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Defining school month |
Chap. 210An Act to amend section 104 of an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 104 of the above-entitled act is hereby amended so as to read as follows: Section 104. A school month shall consist of four weeks of five days each, and teachers shall be paid only for the time in which they are actually engaged in teaching; provided, that when an intermission of less than six days is ordered by the trustees no deduction of salary shall be made therefor; and provided further, that when on account of sickness or epidemic a longer intermission is ordered by the board of school trustees or by a duly constituted board of health, and such intermission or closing does not exceed thirty days at any one time, there shall be no deduction or discontinuance of salary or salaries therefor. |
κ1917 Statutes of Nevada, Page 399 (CHAPTER 210)κ
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school trustees or by a duly constituted board of health, and such intermission or closing does not exceed thirty days at any one time, there shall be no deduction or discontinuance of salary or salaries therefor. The term teacher, as used in this act, shall be understood to mean teachers, principals and superintendents of the elementary and secondary schools of this state. |
Teachers not to forfeit salary during limited epidemics |
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Chap. 211An Act requiring railroads to construct livestock guards on their rights of way.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, lessee, receiver, firm, copartnership, or corporation owning, leasing, or operating any railroad in, or through any part of, the State of Nevada, shall, wherever a public road or highway crosses the fenced-in right of way of such railroad, construct such barriers, guards or other devices as will effectually prevent the entrance from such public road or highway on to the said right of way of cattle, horses, mules and burros. Such barriers, guards, or other devices shall not be placed across, or in anywise obstruct, such public road or highway. Sec. 2. If any person, lessee, receiver, firm, copartnership or corporation owning, leasing, or operating any railroad in, or through any part of, the State of Nevada, shall fail to construct such barriers, guards, or other devices specified in section one of this act, and any cattle, horses, mules, or burros shall be killed, maimed, or injured on any part of such unprotected right of way, the person, lessee, receiver, firm, copartnership or corporation so offending shall pay to the owner, or agent of the owner, of any such cattle, horses, mules or burros the full market value of such animals as it was before such injury occurred. Sec. 3. This act shall take effect January 1, 1918. |
Railroads must erect guards at crossings
Penalty for neglect
In effect Jan. 1, 1918 |
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Chap. 212An Act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created the state board of investments, which will have charge of all investments of moneys and the sale of all securities of the state permanent school fund. Said board shall consist of the governor, the attorney-general, the superintendent of public instruction, the president of the University of Nevada, and the state treasurer. |
State board of investments, duties of |
κ1917 Statutes of Nevada, Page 400 (CHAPTER 212)κ
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Duties of state controller regarding securities
State board to invest securities, how
Board to keep record |
attorney-general, the superintendent of public instruction, the president of the University of Nevada, and the state treasurer. The attorney-general shall be the legal adviser of said board. Sec. 2. It is hereby made the duty of the state controller quarterly to notify the state board of investments of the amount of money in the state permanent school fund; and whenever there is a sufficient amount of money in said fund for investment, said board shall proceed to negotiate for the investment of the same in United States securities, in the bonds of this state, or of other states, or in bonds of any county of the State of Nevada, or in loans at a rate of interest of not less than six per cent per annum secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title, and free from all incumbrances. Said state board of investments shall make due and diligent inquiry as to the financial standing and responsibility of the state or states, county or counties, person or persons, whose bonds or securities on agricultural lands in which it proposes to invest, and shall also require of the attorney-general his legal opinion in writing as to the validity of any act or acts of any state or county under which such bonds or securities are issued and authorized, and in which the said state board of investments contemplates investment; the attorney-general shall also be required to examine and pass upon and give his opinion in writing upon the title and the abstract of title of all agricultural land on which the state contemplates taking mortgages. If the state board of investments be satisfied as to the financial standing and responsibility of the state or states, county or counties, whose bonds or securities it proposes to purchase, or shall be satisfied of the financial standing and responsibility of the person or persons, corporation or corporations, whose mortgages on agricultural land are offered to the state, and the attorney-general shall give his opinion in writing that the act or acts under which said bonds or securities are issued are valid, and that the issues were duly and regularly made, or shall approve the abstract of title of the agricultural land proposed to be mortgaged, the board may approve such investment, and by a majority vote of the board shall order the state controller to draw his warrant in favor of the state treasurer for the amount to be invested, and the state controller shall thereupon draw his warrant as directed, and the state treasurer shall complete the purchase of the securities authorized by the board. Sec. 3. The state board of investments shall keep a permanent record of all its meetings, in which record shall be recorded the aye and nay vote of the members of the board upon all questions presented to the board, and in which shall be kept all opinions of the attorney-general as required by the provisions of this act. |
κ1917 Statutes of Nevada, Page 401 (CHAPTER 212)κ
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be kept all opinions of the attorney-general as required by the provisions of this act. Sec. 4. The state board of investments is authorized in its discretion to convert any of the bonds or securities in which any part of the state permanent school fund is now or at any time hereafter may be invested into cash by selling the same in the open market to the highest bidder or bidders, the proceeds thereof to be placed by the state treasurer in the state permanent school fund to be reinvested as provided in section 2 of this act. Sec. 5. No part of the state permanent school fund shall be invested in the bonds of any county whose entire bonded indebtedness for all purposes shall exceed ten per cent of its assessed valuation; and the amount of bonds of any county purchased or invested in by the state board of investments shall not in the aggregate exceed four per cent of the assessed valuation of any county. The rate of interest on all such county bonds shall not be less than five per cent. Sec. 6. Any person desiring to obtain a loan of the school funds on agricultural land shall make application in writing to the board and at the same time furnish to the board a full and complete abstract of title of the property offered as security for said loan. If the abstract be approved by the attorney-general and it shall appear that the person offering such mortgage has an exceptional title free from all incumbrances the state board of investments shall forthwith appoint an appraiser to view the land and improvements thereon, and make a report to the board of the value thereof. Sec. 7. If the abstract be approved by the attorney-general and the title be in accordance with the requirements of the preceding section, and the written report of the appraiser or appraisers be satisfactory to the state board of investments said loan shall be made, and the person obtaining such loan shall execute a note payable to the State of Nevada for the permanent school fund for the amount thereof, and shall execute as security for the payment of such note a mortgage upon the lands to be given as security in form and manner to be approved by the attorney-general. Such mortgage shall be recorded as other mortgages of real property. Every such loan made upon a mortgage on agricultural land shall be payable in not to exceed ten years, and provision shall be made for partial payments annually or semiannually to the state treasurer, but no payments shall be made in an amount less than one hundred dollars and interest accruing. All payments of interest and payments upon principal shall be made semiannually on June 1 and December 1 of each year. Sec. 8. Any person desiring to obtain a loan upon agricultural land as provided in this act shall furnish the abstract herein provided for, and shall pay the cost of the appraiser or appraisers as may be incurred, not to exceed five dollars per day and expenses, of such appraiser or appraisers. |
Securities converted into cash, when
Restrictions as regards counties
Loans on agricultural lands
Borrower to give note to State of Nevada
Partial payments not less than $100
Borrower to pay expense |
κ1917 Statutes of Nevada, Page 402 (CHAPTER 212)κ
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Appropriation, $2,500 Repeal |
or appraisers as may be incurred, not to exceed five dollars per day and expenses, of such appraiser or appraisers. Sec. 9. For the purpose of carrying out the administration of this act the sum of twenty-five hundred dollars is hereby appropriated. Sec. 10. All acts and parts of acts in conflict herewith are hereby repealed. |
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To protect automobile dealers
Penalties
Lien secondary, when |
Chap. 213An Act for the better protection of motor vehicle dealers, garage keepers, and automobile repairmen, and giving them a lien on motor vehicles for supplies, accessories, repairs, and labor, and making it a misdemeanor to incur a bill on a motor vehicle without the consent of the owner.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That any person or persons, company or corporation engaged in the business of buying or selling automobiles, keeping a garage or place for the storage, maintenance, keeping or repair of motor vehicles, and in connection therewith stores, maintains, keeps or repairs any motor vehicle, or furnishes accessories, or other supplies therefor, at the request or with the consent of the owner or its or his representatives, has a lien upon such motor vehicle or any part or parts thereof for the sum due for such storing, maintaining, keeping, or repairing of such motor vehicle, or for labor furnished thereon, or for furnishing accessories or other supplies therefor, and for all costs incurred in enforcing such lien, and may, without process of law, detain such motor vehicle at any time it is lawfully in his possession until such sum is paid. Sec. 2. Any person or persons, company or corporation, acquiring a lien under the provision of section 1 of this act shall not lose such lien by reason of allowing the motor vehicle, or part or parts of the motor vehicle, to be removed from control of the person or persons, company or corporation having such lien, and, in case a motor vehicle, or part or parts thereof, are so removed, the person or persons, company or corporation, having such lien may, without further process of law, seize the motor vehicle, or part or parts thereof, wherever the same is or are found within the State of Nevada. Sec. 3. Any lien or liens so acquired shall be secondary liens or lien when the motor vehicle in question is sold or leased on a conditional sales agreement, or recorded lease or mortgage. |
κ1917 Statutes of Nevada, Page 403 (CHAPTER 213)κ
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Sec. 4. The validity of any such lien or liens shall be passed upon and determined by the judge of the court in which the case is tried. Sec. 5. Any lien or liens so acquired shall expire by limitation within 20 days, unless suit is brought by the holder of said liens or liens to enforce same. Sec. 6. In the case of bona fide sale of a motor vehicle all lien or liens so acquired shall terminate unless the holders of such lien or liens shall notify the purchaser of said vehicle within 40 days from the date of sale. Sec. 7. Any party or parties incurring a bill upon a motor vehicle without the authority of the owner of said motor vehicle or by misrepresentation shall be guilty of a misdemeanor. Sec. 8. Punishment for such misdemeanor shall be a fine of not more than $100, or thirty days in the county jail, or both, at the discretion of the court. |
Validity of lien, how settled Liens expire in 20 days
Notification within 40 days, when
Misdemeanor to incur bill, when
Punishment |
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Chap. 214An Act regulating private fish hatcheries in the State of Nevada, and providing penalties for violation hereof.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person may establish a private fish hatchery for the artificial propagation, culture and maintenance of food fishes; and any person lawfully conducting any such private fish hatchery, and engaged in the artificial propagation, culture and maintenance of fishes, may take them in his own enclosed waters wherein the same are so cultivated and maintained, at any time and for the purposes herein mentioned and none other. Sec. 2. The products of such fish hatchery, fish spawn, fry and fish may be sold at any time of the year by such hatchery, or their then vendees, after having first complied with the terms of this act and the regulations of the state fish and game commission in relation thereto. Sec. 3. No fish, spawn, fry, or fish from any private hatchery shall be sold under the terms of this act unless the location and plan of such hatchery be approved by the state fish and game commission, the same duly licensed as a private hatchery, and the state fish and game commission sanctions the sale of same. Sec. 4. Each private fish hatchery, before it shall be entitled to the benefits of this act, shall pay to the county treasurer of the county wherein such hatchery is located, an annual license fee of ten ($10) dollars, and such fee shall be credited to the game and fish preservation fund of such county. |
Private fish hatcheries authorized
Products may be sold, how
Hatching must be approved by state commission
Annual county license, $10 |
κ1917 Statutes of Nevada, Page 404 (CHAPTER 214)κ
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Dealer to pay annual state license of $2.50
Invoice given with each sale
Form of invoice
Duplicate to county warden
Invoice to be attached to shipment |
credited to the game and fish preservation fund of such county. Sec. 5. Every person, firm, or corporation engaged in the business of buying and selling, packing and preserving, or otherwise dealing in trout or other food fishes, obtained from private hatcheries of this state, shall procure a license for such business from the fish and game warden of the county wherein such selling, packing, and preserving is done, and shall pay an annual license fee of $2.50. Sec. 6. When the proprietor of any licensed fish hatchery shall sell or dispose of any fish as herein provided, he shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by the proprietor or his agent, stating the number of his license, and the name of such hatchery, the date of disposition, the kind, and as near as practicable, the weight and number of such fish, the name and address of the purchaser, consignee, or donee. Such invoice shall authorize transportation and use for six days after its date, and shall be substantially in the following form:
State of Nevada-Department of Fish Commission Private Hatchery Invoice Name of hatchery,................................................................................................................ Number of license,............................................... Date.......................................... , 191 . Kind and number of fish, .. Weight of same, .pounds Name of consignee,.............................................................................................................. Address of consignee,........................................................................................................ This authorizes transportation within this state, possession, and sale for six days after date, of attached-to article. ................................................... , Proprietor By................................................ Agent. Such proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver a duplicate of such invoice to the county fish and game warden of the county in which such hatchery is located. Sec. 7. When any such fish for which an invoice is required is to be shipped by rail, express or other carrier, public or private, the invoice shall be securely attached thereto or to the package containing the same, in plain sight, and the same may then be lawfully carried and delivered within this state to the consignee named in such invoice. If such fish is held, exposed or offered for sale, or sold by the consignee, or kept in any storage, hotel, restaurant, cafe or boarding-house, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption. In case of a sale or disposal of a part of such fish, the vender shall at the same time make a copy of such invoice and indorse thereon the date of sale, the number and kind of fishes disposed of, and the name of the purchaser and sign and deliver the same to the purchaser, or donee, who shall keep it attached as aforesaid until the fish is prepared for consumption, and the same shall have force and effect as the original invoice. |
κ1917 Statutes of Nevada, Page 405 (CHAPTER 214)κ
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and sign and deliver the same to the purchaser, or donee, who shall keep it attached as aforesaid until the fish is prepared for consumption, and the same shall have force and effect as the original invoice. Sec. 8. Any wilful misstatement in, or any omission of a substantial requirement from, any invoice or copy thereof shall render the same void, and shall be deemed a violation of this act, and the possession of such fish shall be unlawful, and the possession of any fish without such invoice or a copy thereof, attached thereto, when so as above required, shall be unlawful. The proprietor of every private hatchery, licensed under the preceding section shall, whenever required by the state fish and game commission, make and send to the commission a report showing as near as practicable the kind and number of the fish added and disposed of during the year preceding, and on hand at the date of the report. Sec. 9. Every person or persons, firm, company, or association, or the agents thereof, violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred ($100) dollars, nor more than two hundred and fifty ($250) dollars, or by imprisonment in the county jail not exceeding one hundred days, or by both such fine and imprisonment. |
Wilful omission a violation of this act
Proprietor to report
Penalties |
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Chap. 215An Act to amend section 10 of an act entitled An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase, or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light, and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collections of rates for the service thereof, and other matters relating thereto, approved March 23, 1911.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10 of the above-entitled act is hereby amended so as to read as follows: Section 10. The provisions of this act shall apply to any unincorporated city or town within this state, which is now or may hereafter be subject to the provisions of an act of the legislature entitled An act providing for the government of cities and towns of this state, approved February 26, 1881, and all acts amendatory thereof or supplementary thereto. Wherever the convenience of the inhabitants thereof will be benefited thereby the county commissioners may join and consolidate two or more unincorporated towns into one sewerage, light or water system district. |
Unincorporated cities may acquire public utilities
Jointly, when |
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κ1917 Statutes of Nevada, Page 406κ
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State bureau of mines created
Duties of bureau
Printed reports
Assistants
Appropriation, $3,000 |
Chap. 216An Act creating the Nevada state bureau of mines, and prescribing its duties.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Nevada state bureau of mines is hereby created. Said bureau shall be governed by a board consisting of the governor, inspector of mines, the director of the Mackay school of mines of the Nevada State University, and one commissioner who shall serve without pay. Sec. 2. It shall be the duty of the Nevada state bureau of mines to collect information and statistics relative to and concerning mines and mining and the mineral resources of the state, and to prepare for general distribution such information concerning the mineral resources of the various mining districts of the state, and for such publication and other means of dissemination and distributing such information as may in the discretion of said board seem advisable. Sec. 3. Such publications required to be printed may in the discretion of said board be printed at the state printing office under the 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. 4. The board may employ such assistants as may be necessary in carrying out the provisions of this act. Sec. 5. The sum of three thousand dollars is hereby appropriated to carry out the provisions of this act. |
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Elk protected
Penalty
May be imported |
Chap. 217An Act for the protection of elk within the State of Nevada.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person or persons, firm, company or corporation who, within the State of Nevada, takes, catches or kills, or who pursues with intent to take, catch or kill, any elk, and every person or persons, firm, company or corporation who has in his, her or their possession any elk, or elk hide, or meat of elk, shall be guilty of a felony and on conviction thereof shall be imprisoned in the state prison of the State of Nevada for a term of not less than one year nor more than two years. Sec. 2. Nothing in this act shall be so construed as to prohibit the importation of elk into this state for breeding purposes or for the purpose of colonization. |
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κ1917 Statutes of Nevada, Page 407κ
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Chap. 218An Act to authorize the board of county commissioners of Washoe County, State of Nevada, to issue bonds to provide for deepening the Truckee river channel in section 13, T. 19 N., R. 20 E., and section 18, T. 19 N., R. 21 E., M.D.B.&M.; directing the payment of said bonds; providing for the organization of a drainage district or districts in the lower Truckee valley, as a condition precedent thereto; providing for cooperation in the further deepening, if necessary, of said Truckee river channel; and for other purposes.
[Became a law, March 13, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of deepening the natural channel of the Truckee river in section 13, T. 19 N., R. 20 E., and section 18, T. 19 N., R. 21 E., M. D. B. & M., in Washoe County, State of Nevada, including certain required changes incident thereto of the dam and place of diversion of the Lockwood ditch, in order to reduce the maintenance cost of certain county roads and to conserve the public health by the drainage of stagnant and impounded waters in the lower Truckee valley, the board of county commissioners of said county is hereby authorized, empowered and directed to take such procedure as may be necessary to secure permit or right of way to change said dam and ditch, or any other dam or ditch necessary in their opinion to be changed, and within thirty days after the condition prescribed in section eight of this act has been complied with to issue bonds in the name of said county, not to exceed in amount the sum of twenty-five thousand dollars, said bonds to be known as the Truckee River Drainage Channel Bonds. Sec. 2. Said board shall cause said bonds, or as many thereof as may be deemed necessary, to be prepared and they shall be signed by its members and its clerk and the county treasurer, and authenticated with the official seal of said county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond so they may be removed without injury to the bonds, numbered consecutively and signed by the county treasurer. Sec. 3. That said board is hereby authorized to negotiate the sale of said bonds to the highest responsible bidder at not less than their par value, after advertising for sealed bids for the same in one or more daily papers published in the city of Reno for a period of not less than ten days, Sundays and legal holidays excluded, preceding the date of the opening of said bids; the proceeds of which shall be placed with the county treasurer in what shall be known as the Fund of the Truckee River Drainage Channel Bonds, and which said fund shall be used only for the purpose of carrying out the provisions of this act. |
Washoe County commissioners may issue bonds for deepening channel of Truckee river
Description of bonds
Negotiation of bonds |
κ1917 Statutes of Nevada, Page 408 (CHAPTER 218)κ
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Denomination of bonds
Fund for payment and redemption of bonds
Special tax
Specifications regarding work |
carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn by the county auditor of said county in payment of the obligation contracted under the provisions of this act. Sec. 4. The said bonds shall be of the denomination of one thousand dollars each, they shall be numbered consecutively, and they shall bear interest at the rate of not to exceed five per cent per annum, payable on the second Monday of January of the second succeeding year in which said bonds or any of them shall have been issued, and every twelve months thereafter; and on the second Monday of January, A. D. 1925, and every twelve months thereafter, one or more of said bonds shall be redeemed and paid, until all of said bonds so issued shall have been fully taken up and satisfied. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest-numbered bond to be first paid and redeemed, and so on until the whole amount of said bonds shall have been paid and redeemed, as in this act provided. Sec. 5. For the purpose of creating a fund for the payment of the interest on the bonds authorized by this act the board of county commissioners of Washoe County is hereby authorized and required to levy and collect annually a sufficient tax on all property, both real and personal, subject to taxation within the county, to pay the accumulated interest on all of said bonds outstanding on the second Monday in January in each year as aforesaid, and for the purpose of creating a fund for the payment of said bonds said board of county commissioners shall levy and collect a sufficient tax as aforesaid to redeem one or more of said bonds on the second Monday of January, 1925, and each twelve months thereafter. Said tax, in each such instance, shall be levied and collected in the same manner and at the same time as other taxes are assessed, levied and collected, and the proceeds thereof shall be kept by the county treasurer of said county in the fund hereinabove created and known and designated as aforesaid. At the maturity of said bonds, and each of them, and the coupons thereon, and each of them, they, and each of them, shall be paid by the said county treasurer out of the said fund, and shall thereupon be canceled and marked Paid by the county treasurer; provided, however, that no interest shall be allowed or paid on any of the said bonds after they have become due and payable and shall have been called in for redemption. Sec. 6. The deepening of said river channel under the provisions of this act shall consist of the excavation of a channel not less than thirty feet in width and five feet in depth through Riffle No. 1, immediately below S. P. R. R. bridge No. 5, as so designated on the Drainage Investigations Center Line Profile Map of the Truckee River, by M. P. Hayes, Jr. (cooperative Truckee river drainage survey of October and November, 1916, by the state engineer, |
κ1917 Statutes of Nevada, Page 409 (CHAPTER 218)κ
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of October and November, 1916, by the state engineer, the agricultural extension division and department of engineering investigations, University of Nevada, and the office of drainage investigations, U. S. Department of Agriculture), on file in the office of the state engineer, and beginning at a point in the river channel one thousand feet above said bridge No. 5, and extending down the river to S. P. R. R. bridge No. 6, the excavation of a channel not less than thirty feet in width through all intervening riffles, reefs and bars to such depth, in each instance, respectively, that with the bottom of the excavation through reef No. 1 as a base there shall be an uninterrupted bottom gradient of not less than five inches per thousand feet for such thirty-foot or more width of deepened channel between the said terminals. And, whereas, such deepening of the river channel as aforesaid will require the removal of the dam, and changing the place of diversion of the Lockwood ditch, a part of the work under the provisions of this act shall be the construction of a new diversion channel for said ditch and of a new dam, each of such character as will leave said Lockwood ditch unimpaired in capacity to divert water from said river. Sec. 7. Said board of county commissioners shall, within sixty days after the condition prescribed in section eight of this act shall have been compiled with, prepare specifications of said excavation work and of said changing of said dam and ditch, and when the same are approved by the state engineer said board shall, for the time, in the manner and as required by law, advertise for bids for said excavation work and said changing of the Lockwood ditch and dam, and let the construction thereof by contract to the lowest responsible bidder; provided, that in the discretion of said board said bids may be for a fixed width of deepened channel including the changing of said ditch and dam, as aforesaid, or for a fixed sum for such total construction work as aforesaid with the bids based on maximum width of deepened channel, not less than thirty feet, including the changing of said ditch and dam contracted to be performed for such sum. All laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the said board in carrying out the provisions of this act, and all demands and bills contracted by said board in carrying out the provisions of this act shall be filed with the county clerk, acted upon, allowed and paid by directions of the said board, as is now required for other demands and bills by law. Sec. 8. In order to more fully and completely carry out the purposes of this act it shall be a condition precedent to any issuance of bonds or letting of any contract under the provisions of this act, that there shall have been first duly organized, under the drainage laws of the State of Nevada, either (a) one general drainage district, |
Specifications regarding work
Specifications to be prepared
One or two drainage districts may be organized |
κ1917 Statutes of Nevada, Page 410 (CHAPTER 218)κ
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Drainage districts to cooperate with county |
either (a) one general drainage district, inclusive of the lands in said lower Truckee valley which, in the opinion of the state engineer, will be benefited by drainage and are properly inclusive in such drainage district; or (b) two drainage districts, one inclusive of all lands, as aforesaid, on the north side of said Truckee river, and the other inclusive of all lands, as aforesaid, on the south side of said river; the boundaries of which said district or districts to be approved by the state engineer. And if it shall appear that the deepening of said Truckee river channel, as provided in section six of this act, shall be insufficient to properly take care of the flood waters of said river and the drainage waters of said Truckee valley for the benefit of the lands as aforesaid, said drainage district or districts shall cooperate with said county to provide for such further enlargement and deepening of said river channel, beyond that provided for in section six of this act, as the state engineer may deem necessary, and in which event the specifications, bids and contract provided for in section seven shall be for such total enlargement and deepening of said river channel and changing of said ditch; provided, that the liability of the county for the cost thereof shall be limited to twenty-five thousand dollars. The words duly organized, as used in this section, are hereby construed to mean the perfected organization of such drainage district or districts as described, including the financing of the cost of the adequate drainage of the lands thereof and of such additional enlargement and deepening of the river channel as aforesaid, if required; such that both the county and the land owners in such drainage district or districts shall be mutually bound to carry on and complete their respective parts in such general drainage enterprise. |
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Pawnbrokers must keep record of pledged property
What record shall show |
Chap. 219An Act to amend sections 200 and 202 of an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 200 of the above-entitled act is hereby amended so as to read as follows: Section 200. It shall be the duty of every pawnbroker and second-hand dealer doing business in any incorporated or unincorporated city in this state to maintain in his place of business a book or other permanent record in which shall be legibly written in the English language, at the time of each loan, purchase or sale, a record thereof containing: 1. The date of the transaction; 2. The name of the person or employee conducting the same; |
κ1917 Statutes of Nevada, Page 411 (CHAPTER 219)κ
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3. The name, age, street and house-number, and a general description of the dress, complexion, color of hair, and facial appearance of the person with whom the transaction is had; 4. The name and street and the house-number of the owner of the property bought or received in pledge; 5. The street and house-number of the place from which the property brought or received in pledge was last removed; 6. A description of the property bought or received in pledge, which in the case of watches shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry shall contain a description of all letters and marks inscribed thereon; provided, that when the article bought or received is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient; 7. The price paid or the amount loaned; 8. The names and street and house-numbers of all persons witnessing the transaction; and 9. The number of any pawn-ticket issued therefor. Sec. 2. Section 202 of the above-entitled act is hereby amended so as to read as follows: Section 202. Every pawnbroker and second-hand dealer doing business in any unincorporated city shall, before noon of each day, furnish in duplicate to the sheriff of the county, or if an incorporated city, to the chief of police thereof, a full, true, and correct transcript of the record of all transactions had on the preceding day, and having good cause to believe that any property in his possession has been previously lost or stolen, he shall forthwith report such fact to the said sheriff or chief of police, together with the name of the owner, if known, and the date when, and the name of the persons from whom the same was received by him. On receipt of the report provided for herein the chief of police or said sheriff shall immediately forward a copy thereof to the superintendent of the Nevada state police, and the same shall be filed of record in the office of such superintendent. |
What record shall show
Must furnish duplicates to peaceofficers
Officers to send copy to state police |
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Chap. 220An Act to amend section 97 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 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 97 of the above-entitled act is hereby amended so as to read as follows: Section 97. The plaintiff may unite several causes of action in the same complaint, when they all arise out of: 1. Contracts, express or implied; or |
Causes of action may be united, when |
κ1917 Statutes of Nevada, Page 412 (CHAPTER 220)κ
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Causes of action may be united, when
State may unite causes, when
Proviso |
2. Claims to recover specific real property, with or without damages for the withholding thereof, or for waste committed thereon, and the rents and profits of the same; or 3. Claims to recover specific personal property, with or without damages for the withholding thereof; or 4. Claims against a trustee, by virtue of a contract, or by operation of law; or 5. Injuries to character; or 6. Injuries to person; or 7. Injuries to property. 8. The State of Nevada may in the same complaint unite several causes of action for demands for delinquent taxes existing against the same person or persons, partnership or corporation whether said taxes are payable yearly or quarterly; but the causes of action so united shall all belong to only one of these classes and shall affect all the parties to the action, and not require different places of trial, and shall be separately stated; provided, however, that an action for malicious arrest and prosecution, or either of them, may be united with an action for either injury to character or to the person. |
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Pollution of public waters prohibited
Penalty
Repeal of certain act |
Chap. 221An Act to prevent pollution or contamination of the waters of lakes, rivers and streams in the State of Nevada, and prescribing penalties for the violation thereof, and repealing certain acts in conflict herewith.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons, firm, company, corporation or association, city or town who shall deposit, or who shall permit or allow any person or persons in their employ or under their control, management or direction to deposit in any of the waters of the lakes, rivers, streams, and ditches in or running into or through the State of Nevada, or cause to be washed or infiltered into any of said waters, or place or deposit where the same may be washed or infiltered into any of said waters, any sawdust, pulp, oils, rubbish, filth, or poisonous or deleterious substance or substances which affects the health of persons, fish or live stock, or renders said waters unpalatable or distasteful, shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fined in a sum not less than fifty ($50) dollars, nor more than five hundred ($500) dollars, exclusive of court costs. Sec. 2. An act entitled An act to prevent pollution or contamination of the waters of the lakes, rivers, streams and ditches in the State of Nevada, prescribing penalties and making an appropriation to carry out the provisions of this act, approved March 20, 1903, and all acts amendatory or supplemental thereto, are hereby repealed. |
κ1917 Statutes of Nevada, Page 413 (CHAPTER 221)κ
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making an appropriation to carry out the provisions of this act, approved March 20, 1903, and all acts amendatory or supplemental thereto, are hereby repealed. |
Repeal |
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Chap. 222An Act to amend sections 2 and 7 of an act entitled An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor, and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges, approved March 5, 1907, and amended March 20, 1909, and amended March 27, 1911, and amended March 22, 1915, and amended March 29, 1915.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of the above-entitled act is hereby amended so as to read as follows: Section 2. The term railroad, as used herein, shall mean and embrace all corporations, companies, individuals, association of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise. The term railroad, whenever used herein, shall mean and embrace any company or individual or association of individuals owning or operating automobiles, auto trucks, or other self-propelled vehicles, engaged in transporting persons or property for hire over and along the highways of this state as common carriers; also express companies, telegraph and telephone companies, and all companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state, and all duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, in so far as the same are applicable, be required of and imposed upon the owner or operator of said automobiles, auto trucks, or other self-propelled vehicles, transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone companies, and companies which may own cars of any kind or character used and operated as a part of railroad trains in or through this state, |
What term railroad embraces
Includes automobiles |
κ1917 Statutes of Nevada, Page 414 (CHAPTER 222)κ
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Exceptions
Provisions of act apply throughout state
Powers of railroad commission defined |
which may own cars of any kind or character used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads; provided, however, that automobiles used exclusively as hearses or ambulances operated within the limits of cities and towns, and other automobiles which have no specified routes of travel and which are not operated as common carriers, shall not be construed as being under the jurisdiction of the commission within the meaning hereof. (a) The provisions of this act shall apply to the transportation of passengers and property and the transmission of messages between points within the state, and to the receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages, and to all charges connected therewith, including icing charges and mileage charges, and shall apply to all railroads, corporations, automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freight line companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon or over any line of railroad or any public highway within this state, and to any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water. Sec. 2. Section 7 of the above-entitled act is hereby amended so as to read as follows: Section 7. The commission shall have full power to prescribe just and reasonable railroad classifications of freight; and to fix just and reasonable charges for the transportation of all intrastate freight and intrastate passengers, for sleeping-car accommodations, for goods, merchandise, and all matter of every kind carried by express companies within this state, for the transmission of messages by telegraph companies, and for the use of telephone lines within the state. The commission shall also have power to make just and reasonable regulations for the apportionment of all such charges between two or more companies jointly engaged in the transportation of freight, passengers, express matter, telegraph or telephone messages. The commission shall also have full power to investigate the physical condition of all railroad property, and, in the interest of safety or service, shall have power to determine and order repairs, reinforcements or reconstruction of property, including buildings, tracks, and equipment; also the power to determine and order the use of safety appliances in the interest of employees and the traveling public, such as crossing gates, flagmen, bells, devices, etc., interlocking plants at railway crossings and all other modern safety devices, |
κ1917 Statutes of Nevada, Page 415 (CHAPTER 222)κ
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devices, and for the better security of the public and for the purpose of reimbursing passengers or shippers for loss or damage or personal injuries, caused by the negligence of the owners or operators thereof, the commission shall require each automobile common carrier, subject to the provisions hereof, to file and keep in force with the commission an indemnity bond, issued by a company authorized to do business in the State of Nevada, in an amount not less than five hundred dollars ($500) nor more than ten thousand ($10,000) dollars and in such form as the commission may prescribe. The commission shall have full power to determine and order the manner in which any tracks or street railways, steam or electric railways, or other common carriers may cross the tracks of another railroad, street railway, whatever the motive power, at grade, or above or below grade, and shall prescribe the safety appliances and regulations that should be adopted at such crossings or at existing grade crossings of railroads, steam, electric, or other motive power railways for the protection of the public and the prevention of accidents. The commission shall have the power, whenever in its judgment it shall appear wise and proper to do so, to authorize and direct reasonable changes in schedules and service. The commission shall have power to determine and order the construction of connecting or transfer tracks between two or more lines of railway, which may now or hereafter enter or pass through any town or city in this state. The expenses of said construction of such tracks to be divided between and paid by the corporations operating said railways. It shall be the duty of all railroad corporations whose tracks shall be so connected reciprocally to transfer cars from one railroad to the other upon demand of shippers or the railroad concerned, and for which transfer services reasonable charges may be made. Nothing in this act shall be construed so as to allow any railroad to charge more for a shorter than for a longer haul, either for passengers or freight, when the shorter haul is included within the longer or to authorize the commission to allow such charge to be made. |
Automobile common carrier to give indemnity bond
Further powers of commission |
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Chap. 223An Act relating to trespasses of live stock upon cultivated land, and specifying what shall constitute a legal fence for the purposes of this act.
[Approved March 24, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No person, firm or corporation shall be entitled to collect damages, and no court in this state shall award damages, for any trespass of live stock on cultivated land in this state if such land, at the time of such trespass, shall not have been enclosed by a legal fence as hereinafter defined. |
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κ1917 Statutes of Nevada, Page 416 (CHAPTER 223)κ
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No trespass on land not legally fenced
What constitutes a legal fence
Repeal
In effect June 1, 1918 |
damages, for any trespass of live stock on cultivated land in this state if such land, at the time of such trespass, shall not have been enclosed by a legal fence as hereinafter defined. Sec. 2. A legal fence is hereby defined for the purposes of this act as a fence with not less than three horizontal barriers, consisting of wires, boards, poles or other fence material in common use in the neighborhood, with posts set not more than twenty feet apart. The lower barrier shall be not more than sixteen inches from the ground and the space between any two barriers shall be not more than sixteen inches and the height of top barrier must be at least forty-eight inches above the ground. Every post shall be so set as to withstand a horizontal strain of two hundred and fifty pounds at a point four feet from the ground, and each barrier shall be capable of withstanding a horizontal strain of two hundred and fifty pounds at any point midway between the posts. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall be effective on and after the first day of June, 1918. |
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Who may purchase state land
Nonmineral affidavit to be made |
Chap. 224An Act to amend sections 5, 6, 8, 9, and 21 of an act entitled An act to provide for the selection and sale of lands that have been or may hereafter be granted by the United States to the State of Nevada, approved March 12, 1885, as amended March 11, 1889, as amended March 21, 1891, as amended January 26, 1899, as amended March 10, 1909, and adding a new section to section twenty-one to be known as section 21a.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of the above-entitled act as amended is hereby amended so as to read as follows: Section 5. Upon the application of any citizen of the United States, or any person who has legally declared his intentions to become such, over the age of twenty-one years, including females, to purchase lands not previously selected by the state, such applicant shall deposit with the state land register the amount necessary to purchase said lands, together with an affidavit, in due form, by the applicant, or some other competent person, made before an officer having an official seal and legally authorized to administer oaths, that the lands described in the application are nonmineral in character, and such affidavit shall not refer to any lands not included in such application. The land register shall endorse upon each application the exact time of its receipt in his office, and shall certify to the state controller that such person is entitled to apply for the lands, describing the same as in the application, and said certificate shall state the grant of lands under which said application is made and the amount necessary to purchase the same. |
κ1917 Statutes of Nevada, Page 417 (CHAPTER 224)κ
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as in the application, and said certificate shall state the grant of lands under which said application is made and the amount necessary to purchase the same. The controller shall thereupon issue his order directing the state treasurer to receive such amount, placing the same in the proper fund. The register shall at the same time certify to the treasurer said payment, which certificate shall be accompanied by the application and the amount necessary to purchase, and upon receipt of the order from the controller, the treasurer shall issue his receipt in duplicate, describing the lands applied for, and he shall, at the same time, enter in his abstract of applications the name of the person so applying, description of land, number and date of receipt, and amount paid thereon. Upon return of the application with the treasurers receipt to the land office, the register shall file the same, and take prompt measures at the United States land office of the district in which such lands are situated to select for the state the lands described in such application. If, during a period of sixty days after the filing of any application, the state land register shall remain unable so to select any of the lands therein described, on account of conflicting entries or reservations in the United States land office, he shall cancel such application, so far as it concerns the unselectable lands therein described, and at once certify to the controller and treasurer each that such applicant is entitled to the amount paid by him or her on said unselectable lands, and the controller shall draw his warrant upon the proper fund for the amount due such applicant, and the same shall be paid by the treasurer. The state land register shall, at the same time, notify the applicant of such cancelation, and that the amount deposited thereon is subject to withdrawal, as provided by law, and no subsequent application for lands embraced in such canceled application shall be certified by the state land register until due official notice shall have been received from the intending applicant that the lands in question are subject to selection. Whenever purchase can be completed, in whole or in part, upon lands applied for, as in this section provided, the land register shall certify the same to the controller and treasurer each, and shall at once proceed to complete such sale. Should the controller, upon receipt of such certificate, find that any payment had been wrongfully apportioned, he shall issue his order directing the treasurer to transfer such amount to its proper fund. If, by reason of the nonapproval of the lands to the state, or other cause, the contemplated sale cannot be completed, in whole or in part, then, upon the demand of the applicant, or his or her legal agent or assignee, the land register shall certify to the controller and treasurer each that such applicant is entitled to the amount paid by him or her, and the controller shall draw his warrant upon the proper fund for the amount due such applicant, and the same shall be paid by the treasurer. |
Duties of land register and state controller
Land to be selected in U. S. land office
Application canceled, when
Fee withdrawn, when
Completion of purchase, when |
κ1917 Statutes of Nevada, Page 418 (CHAPTER 224)κ
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Duties of land register, state controller, and treasurer
One-fifth of purchase price paid at time of application
Remainder in 50 years
Interest, 6%
Full payment at any time
Land reverts, when
Overdue interest payments
Proviso |
the amount due such applicant, and the same shall be paid by the treasurer. Sec. 2. Section 6 of the above-entitled act as amended is hereby amended so as to read as follows: Section 6. Upon the application of any person, as defined in section five of this act, for the purchase of land after the state has obtained title thereto, should such person be entitled to purchase, the state land register, state controller, and state treasurer shall proceed as provided in section five of this act. Sec. 3. Section 8 of the above-entitled act as amended is hereby amended so as to read as follows: Section 8. In addition to the mode and manner of the sale of state lands, the state land register is hereby further empowered to sell and dispose of any agricultural or grazing lands, payable as hereinafter specified-that is to say, with any person so defined in section five of this act, wishing to purchase lands under the provisions of this section, and who shall have made proper application therefor, and duly established his or her right to purchase under the provisions of this act, the state land register is hereby authorized and required to enter into contract to sell such lands, upon receipt of the list certifying the approval of such lands to the state, upon the following conditions, to wit: One-fifth of the purchase price to be paid upon application, the remainder of the purchase price to be paid in fifty years from the date of the contract, with the interest at the rate of six per cent per annum, interest payable annually; provided, that the applicant, or his heirs or assigns, may, at any time prior to the maturity of such contract, make full payment of the principal and interest due under the terms of such contract and receive patent in the name of the applicant. All such contracts shall be entered into writing with the person so purchasing, in which the conditions shall be distinctly expressed, that upon the failure to pay the annual interest or principal when due, as stipulated, the land shall immediately thereafter be subject to sale in the same manner and under the same conditions as though no such prior contract of sale had been made; provided, that the state land register is hereby authorized to accept an overdue interest payment on any contract during the period of one year from the date required for such interest payment; but when application is made for any portion of the land described in any contract on which the annual interest payment is overdue, it shall be the duty of the state land register to immediately declare such contract forfeited, and to accept and certify such application, and the remainder of the land embraced in such forfeited contracts shall unconditionally revert to the state; provided further, that no application shall be received for any part of the lands embraced in such contract within thirty days from the date when said interest payment becomes overdue unless an abandonment to said contract be filed by the contractor, assignee, or agent. |
κ1917 Statutes of Nevada, Page 419 (CHAPTER 224)κ
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said contract be filed by the contractor, assignee, or agent. All payments of interest and for sales of lands shall be paid to the register, who shall certify the same and the terms thereof to the controller and treasurer, and the controller, upon the receipt of such certificate, shall issue his order to the treasurer, apportioning the interest to the fund to which it may belong, as in section five of this act, and upon payment being made by the register of the amount specified in the order, the treasurer shall issue his receipts in duplicate for each payment and deliver the same to the register, who shall file the original and deliver the duplicate to the payee by mail or otherwise, and when full payment shall have been made, patent shall issue to the purchaser as provided in section sixteen of this act. No timber land shall be sold unless the whole purchase price shall be paid at time of application. Sec. 4. Section 9 of the above-entitled act as amended is hereby amended so as to read as follows: Section 9. All contracts in existence at the time of the passage of this act may remain under the same conditions as stipulated in said contracts; or the unpaid principal may be made the subject of a new contract under the provisions of the foregoing section, to be paid within fifty years from the date of such new contract, with the interest at the rate of six per cent per annum at the option of the holder of such contract; provided, that such contract shall be made only on the day when the annual interest becomes due; and provided further, that the applicant shall pay to the state land register a fee of one dollar for each and every new contract so issued; said fees shall be paid to the state treasurer for the state school fund. The state land register is hereby authorized and empowered to make such rules and regulations as will carry out the provisions of this act. Sec. 5. Section 21 of the above-entitled act as amended is hereby amended so as to read as follows: Section 21. All claims for services, or supplies of whatever kind, or for expenses authorized by and legitimately incurred in carrying out any of the provisions of this act, except the salaries of the state land register, deputy and clerks fixed by law, shall be presented by itemized bills to the state board of examiners; and when any such claim shall be allowed by said board, they shall endorse thereon their approval of the same and direct out of what fund or funds the claim so allowed shall be paid; provided, that payment of all such allowed bills, salaries of the register, deputy and clerks shall be made from the state permanent school fund arising from the sales of lands. Sec. 21a. On the first day of each quarter, or as soon as practicable thereafter, the secretary of state or furnishing board of supplies and the superintendent of state printing shall each present to the board of examiners an itemized account of all supplies of whatever kind furnished the state land office during the preceding quarter, and upon the allowance of said claims, or any part thereof, the said board shall direct the state controller and the state treasurer to transfer, and they shall transfer, said amounts from the state school fund to the general fund of the state. |
Interest paid to treasurer
Full purchase price for timber land
Previous contracts may remain under same conditions
Provisos
Certain expenses paid from certain funds
Certain expenses paid from school fund |
κ1917 Statutes of Nevada, Page 420 (CHAPTER 224)κ
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Controller and treasurer directed to transfer |
state land office during the preceding quarter, and upon the allowance of said claims, or any part thereof, the said board shall direct the state controller and the state treasurer to transfer, and they shall transfer, said amounts from the state school fund to the general fund of the state. The intention of this section is, that all expenses incurred in the sales of state lands shall be paid from moneys derived from such sales. |
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Separate license for merchants giving trading stamps
License, $2,000 yearly |
Chap. 225An Act relating to the use of stamps, coupons, tickets, certificates, cards or other similar devices, for or with the sale of goods, wares and merchandise, and providing a penalty for violation thereof, and repealing all acts in conflict therewith.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, firm, or corporation who shall use, and every person, firm, or corporation who shall furnish to any other person, firm, or corporation to use, in, with, for, or about the sale of any goods, wares, or merchandise, any stamps, coupons, tickets, certificates, card, or other similar devices, which shall entitle the purchaser receiving the same with such sale of goods, wares or merchandise to procure from any person, firm, or corporation any goods, wares, merchandise, or other article or thing of value, free of charge or for less than the retail market price thereof, upon production of any number of said stamps, coupons, tickets, certificates, cards, or other similar devices, shall, before furnishing, selling, or using the same, obtain a separate license from the auditor of each county wherein such selling or furnishing or using shall take place for each and every store or place of business in that county owned or conducted by such person, firm, or corporation from which such furnishing or selling, or in which such using, shall take place. Sec. 2. In order to obtain such license the person, firm, or corporation applying therefor shall pay to the county treasurer of the county for which such license is sought the sum of two thousand dollars, and upon such payment being made to the county treasurer he shall issue his receipt therefor, which shall be presented to the auditor of the same county who shall, upon the presentation thereof, issue to the person, firm, or corporation making such payment a license to furnish or sell, or a license to use, for one year, the stamps, coupons, tickets, certificates, cards, or other similar devices mentioned in section 1 of this act. Such license shall contain the name of the licensee thereof, the date of its issue, the date of its expiration, the town or city in which and the location at which the same shall be used, and such license shall be used at no place other than that mentioned therein. |
κ1917 Statutes of Nevada, Page 421 (CHAPTER 225)κ
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location at which the same shall be used, and such license shall be used at no place other than that mentioned therein. Sec. 3. No person, firm, or corporation shall furnish or sell to any other person, firm, or corporation to use in, with, for or about the sale of any goods, wares, merchandise any such stamps, coupons, tickets, certificates, cards, or other similar devices for use in any town, city, or county in this state other than that in which such furnishing or selling shall take place. Sec. 4. Any person, firm, or corporation violating any of the provisions of this act shall be guilty of a misdemeanor. Sec. 5. This act shall take effect April 1, 1918. |
License for one firm only
Penalty
In effect April 1, 1918 |
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Chap. 226An Act to amend an act entitled An act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved March 22, 1865.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. Any number of persons, not less than five, either in this state or the United States, being subscribers to the stock of any contemplated railroad, may be formed into a corporation for the purpose of constructing, owning, and maintaining such railroad, by complying with the following requirements: Whenever stock to the amount of at least one thousand dollars for each and every mile of the proposed railroad shall have been so subscribed, and ten per cent in cash of the amount so required to be subscribed shall be actually and in good faith paid to a treasurer, to be named and appointed by said subscribers from among their number, then the said subscribers, either in person or by written proxy, after having received at least five days notice from said treasurer of a meeting of said subscribers for that purpose, may adopt articles of association, and may elect from among the subscribers to said articles, not less than five nor more than thirteen directors. |
Five stockholders may incorporate railroad in Nevada
Five to 13 directors |
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κ1917 Statutes of Nevada, Page 422κ
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Barber-shop defined
Shall not be open on Sunday
Barber must use sanitary tools
Insanitary shop prohibited
Penalties for violation of act |
Chap. 227An Act relating to barber-shops, defining the same, providing regulations in connection therewith, protecting the health of barbers and their patrons, and fixing a penalty for the violation thereof.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any place where a person is shaved, his hair cut, or his beard trimmed, for hire or reward, shall be construed as being a barber-shop. Sec. 2. It shall be unlawful in any town of this state having a population or more than ten thousand people, for any person, or persons, company or corporation, to keep open, or permit to be kept open, any barber-shop or public place for the purpose of carrying on or applying the barber trade or business, or to conduct such business, on the first day of the week, commonly called Sunday, that is to say, between the hours of twelve (12) oclock midnight of Saturday of any week, and twelve (12) oclock midnight of the following day, Sunday. Sec. 3. Any person who shaves another person afflicted with syphilis, eczema, blood poison, or any skin disease, who does not, before he again uses his tools, towels, or water, subject them to such disinfection as may remove any virus, scale, or filth that may be on such tools, towels, or instrument, shall be guilty of a violation of this act. Sec. 4. It shall be unlawful for any person who conducts a barber-shop to permit to remain therein any virus, scale or filth, or to conduct a barber-shop that is unsanitary and dangerous to the health of its patrons. Sec. 5. Every proprietor, owner, manager, lessee, or other person in charge of any barber-shop in this state who shall fail to comply with this act, whether through the acts of himself, his agent or employees, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five ($25) dollars, nor more than one hundred ($100) dollars, or shall be imprisoned for not more than three (3) months, or both fine and imprisonment, and every day that any barber-shop shall be conducted in violation of any of the provisions of this act shall constitute a separate offense. |
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κ1917 Statutes of Nevada, Page 423κ
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Chap. 228An Act to amend 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 to repeal certain other acts relating thereto, approved March 23, 1891.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act shall be amended to read as follows: Section 1. Whenever the time allowed by law for the redemption of any property sold to any county treasurer for delinquent taxes, under the provisions of section 55 (ante, sec. 3667), of the act to which this act is supplementary, shall have expired, and the treasurer shall have come in possession of a deed to any property of an assessed value of less than five hundred dollars, the board of county commissioners of such county may, by an order entered upon the record of the proceedings of said board, direct the treasurer or his successor in office to sell such property, and the proceeds of such sale shall be applied as now provided by law; provided, that notice of such sale shall be posted in at least three public places in the county, including one at the courthouse and one on the property, for a period of not less than twenty days prior to the day of sale, or in lieu of such posting by the publication of such notice for a like period of time in some newspaper published within said county, if the board of county commissioners shall by their order so direct. |
Certain delinquent property to be sold for taxes |
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Chap. 229An Act to amend section 384 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.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 384 of the above-entitled act is hereby amended so as to read as follows: Section 384. The court in which a trial is had upon the issue of fact, has power to grant a new trial where a verdict has been rendered against the defendant upon his application, in the following cases only: 1. When the trial has been had in his absence, if the indictment be for felony; 2. When the jury has received any evidence out of court other than that resulting from a view, as provided in section 341; |
Causes for granting new trial in criminal cases |
κ1917 Statutes of Nevada, Page 424 (CHAPTER 229)κ
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Causes for granting new trial in criminal cases |
3. When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or have been guilty of any misconduct tending to prevent a fair and due consideration of the case; 4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors; 5. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial; 6. When the verdict is contrary to law or evidence, but no more than two new trials shall be granted for this cause alone; 7. When new evidence shall have been discovered material to the defendant and which he could not, with reasonable diligence, have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable. |
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Security may be required of nonresident plaintiffs in civil actions |
Chap. 230An Act to amend section 870 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 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 870 of the above-entitled act, being section 5812 of Revised Laws of the State of Nevada, 1912, is hereby amended so as to read as follows: Section 870. The justice may in all cases require a deposit of money to cover cost of court before issuing the summons; provided, that when the plaintiff in an action is a nonresident of the State of Nevada, or a foreign corporation, upon motion of the opposite party at any time before final judgment such nonresident shall be required to give security for all costs and charges that may be awarded against him or it. When such security shall be required from a nonresident plaintiff all proceedings in the action shall be stayed until an undertaking executed by two or more persons and approved by the justice shall be filed with the justice to the effect that they will pay such costs and charges as may be awarded against such nonresident plaintiff by judgment or during the progress of the action. And such undertaking shall be in a sum not less than one hundred ($100) dollars, or in lieu of such undertaking such nonresident plaintiff may deposit one hundred ($100) dollars in lawful money of the United States with such justice, which shall be held subject to the conditions herein mentioned for the undertaking. |
κ1917 Statutes of Nevada, Page 425 (CHAPTER 230)κ
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not less than one hundred ($100) dollars, or in lieu of such undertaking such nonresident plaintiff may deposit one hundred ($100) dollars in lawful money of the United States with such justice, which shall be held subject to the conditions herein mentioned for the undertaking. When such security shall be ordered from a nonresident plaintiff, it shall be furnished within thirty days from notice of such order, or upon failure to furnish such security, judgment shall be entered for the defendant. A new or additional undertaking or deposit of cash may be ordered by the justice at any time upon proof that the original undertaking or deposit is insufficient and proceedings stayed for a nonresident plaintiff until the same be furnished or judgment entered against a nonresident defendant who shall fail to furnish the same within thirty days from notice of such order. After the lapse of thirty days from notice to a nonresident plaintiff that security has been ordered as required in this act and upon proof that no such undertaking or deposit of cash has been made, the justice shall enter judgment against such plaintiff. |
Cash may be deposited |
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Chap. 231An Act regulating the registration of electors for general, special, and primary elections.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
CHAPTER 1
Residence Residence Defined. Section 1. Every citizen of the United States, twenty-one years of age or over, who will have continuously resided in this state six months and in the county thirty days and in the precinct ten days next preceding the day of the next ensuing election, shall be entitled to vote at such election; provided, he or she is duly registered as hereinafter provided. Sec. 2. No person shall be deemed to have gained or lost such a residence by reason of his presence or absence while employed in the military, naval, or civil service of the United States, or of the State of Nevada; nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student at any seminary or other institution of learning, nor while kept at any almshouse, or other asylum, at public expense. Residence Not Lost. Sec. 3. A person removing from one county within the state, within thirty days prior to any election, to another, or from one precinct to another of the same county, within ten days prior to any election, shall not be deemed to have lost his residence in the county or precinct removed from; provided, he was an elector in each county or precinct on the date of removal therefrom. |
Residence defined
Residence not gained or lost |
κ1917 Statutes of Nevada, Page 426 (CHAPTER 231)κ
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Removal forfeits residence
Elector must show proof
Family residence electors place of residence
When residence is lost
County clerk registrar of voters
Official register and card index |
days prior to any election, shall not be deemed to have lost his residence in the county or precinct removed from; provided, he was an elector in each county or precinct on the date of removal therefrom. Sec. 4. If a person remove to another state, territory, or foreign country, with the intention of establishing his domicile there, and making it his home, he shall lose his residence in this state.
Burden of Proof. Sec. 5. If a person having a fixed and permanent home in this state, break up such home and remove to another state, territory, or foreign country, the intent to abandon his residence in this state shall be presumed, and the burden shall be upon him to prove the contrary; and the same rule shall obtain when a person, in like circumstances, and in like manner, shall remove from one county to another within the state, or from one precinct to another within the county.
Residence of Family Place of Residence. Sec. 6. If a man have a family residing in one place and he does business in another, the former must be considered his place of residence, unless his family be located there for temporary purposes only; but if his family reside without the state, and he be permanently located within the same, with no intention of removing therefrom, he shall be deemed a resident. Sec. 7. If a person remove to another state, territory, or foreign country, with the intention of remaining there for an indefinite time, and as a place of residence, he shall lose his residence in this state, notwithstanding that he may entertain the intention of returning at some uncertain future period; and an occasional return, either for business purposes or pleasure, to the place of his former abode in this state, shall not be sufficient to preserve his residence therein.
CHAPTER 2
Registration of Electors-County Clerk as Registrar. Sec. 8. The county clerk of each county of the State of Nevada is hereby declared to be an ex officio county registrar of such county. He shall have the custody of all books, documents, and papers pertaining to registration hereinafter provided for, and such books, documents, and papers are hereby declared to be an official record of the office of the county clerk of each county. Sec. 9. The official register of electors in each county shall be contained in a book designated register, which book shall be so arranged in precincts and alphabetical divisions as to suitably record, fully and completely, the information given by each elector. A card index of each registered elector shall be kept and the county clerk of such county shall at all times have the custody of such index and be responsible for the safe keeping thereof. |
κ1917 Statutes of Nevada, Page 427 (CHAPTER 231)κ
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for the safe keeping thereof. The cards shall be four by six inches in size, of white calendared stock. The register book herein provided for shall be in such form as shall be designated by the secretary of state of the State of Nevada. The registry card shall be substantially in the following form:
(Face)
....................................................................................................................................................... Number. Date. Name. Sex. ....................................................................................................................................................... Where born. Age. Height, ft. in. Occupation. ....................................................................................................................................................... Naturalized when. Where. ....................................................................................................................................................... Residence. Postoffice. ....................................................................................................................................................... Length of time in Precinct. Ward. School District. ....................................................................................................................................................... State. County. City. ....................................................................................................................................................... Date canceled. Date registered. Disability, if any. ....................................................................................................................................................... Place where last registered........................................................................................................ My political affiliations are with the...................................................................... party.
, being duly sworn, says: I am the elector whose name appears on the face of this card; the several statements thereon contained affecting my qualifications are an elector are true; I am able to mark my ballot (or I am unable to mark my ballot by reason of the physical disabilities on this card specified), and I am not registered elsewhere within the State of Nevada, and claim no right to vote elsewhere than in the precinct of this card specified, so help me God. . Subscribed and sworn to before me this .day , 19 . ............................................ , Registrar.
(Back)
, being duly sworn on oath, says: I am the elector named on the face of this card; I am a naturalized citizen of the United States; my certificate of naturalization is lost or destroyed, or beyond my present reach, and I have no certified copy thereof; I came to the United States in the year ; I was admitted to citizenship in the state (or territory) of , county of by the court during the year ; I last saw my certificate of naturalization, |
Form of registry card |
κ1917 Statutes of Nevada, Page 428 (CHAPTER 231)κ
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Justices of the peace deputy registrars; other deputy registrars
Time for registration
Classification of registry cards
How elector may register |
my certificate of naturalization, or certified copy thereof, at. . Subscribed and sworn to before me this .day , 19 . ........ , Registrar.
Who May Register. Sec. 10. All justices of the peace are hereby designated as deputy registrars for the purpose of carrying out the provisions of this act. The county clerk of each county shall appoint deputy registrars, who shall have power to administer oaths, in each precinct of such county distant more than five miles from the county courthouse and wherein no justice of the peace resides. It shall be the duty of the deputy registrar to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. The deputy registrar shall be a resident elector within the precinct for which he is appointed, and shall receive as compensation for all services the sum of not more than fifteen cents for each elector registered, to be paid by the county after being approved by the county clerk. Said registry agent shall forward, within two days after the filling out of any registry cards, all such cards so filled out to the county clerk. Any deputy registrar violating any of the provisions of section 11 of this act shall be guilty of a misdemeanor and be subject to a fine of not less than $25 nor more than $100, for each offense. Sec. 11. Registration offices shall be open for registration of voters for any election, Sundays and legal holidays excepted, from and after the first day of June in any general election year, except as otherwise provided in this act, up to the twentieth day next preceding such election, and between the hours of 9 a. m. and 5 p. m.; provided, that during the ten days previous to the close of registration the registration office shall be open evenings until 9 p. m. Registry cards shall be numbered, consecutively, in the order of their receipt at the office of the county clerk. The county clerk shall classify registry cards according to the precincts in which the several electors reside, and shall arrange the cards in such precinct alphabetically in order. The cards for each precinct shall be kept in a separate filing case or drawer which shall be marked with the number of the precinct. The county clerk shall, immediately after filling out the registry card as herein provided, and as soon after receipt of cards from the deputy registrar as possible, enter upon the official register of the county in the proper precinct, the full information concerning any elector as shown by such cards. Sec. 12. Any elector residing within the county may register by appearing before the county clerk or deputy registrar and making satisfactory answers to all questions propounded by the county clerk touching the items of information called for by such registry card and by signing and verifying the affidavit or affidavits on such card. |
κ1917 Statutes of Nevada, Page 429 (CHAPTER 231)κ
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mation called for by such registry card and by signing and verifying the affidavit or affidavits on such card. Sec. 13. If any applicant for registration has not resided within the State of Nevada or the county for the required length of time, but is otherwise eligible to registry, the county clerk or deputy registrar shall register such applicant; provided, that it shall appear to the county clerk or deputy registrar, from questions propounded to the applicant, that he will be a fully qualified elector by the time such election is held. Sec. 14. Every elector on changing his residence, from one precinct to another within the same county, shall cause his registry card to be transferred to the register of the precinct of his new residence by a request in writing to the county clerk of such county in the following form: I, the undersigned, elector, having changed my residence from Precinct No to Precinct No , in the county of , State of , herewith make application to have my registry card transferred to the precinct register of the precinct of my present residence. My registration number is .. Dated at .on the .day of , 19 .. Sec. 15. Any registered elector employed in moving trains, stages, or U. S. mail upon any of the transportation routes in this state may apply to the county clerk, at any time prior to the delivery of the certified copy of the register to the inspectors of election, to have his name taken off the official register and to receive from the county clerk a certificate of transfer. Such certificate shall be in form similar to the registration card, and contain all the information set forth upon such card. If it appears that he is entitled to such certificate he shall receive same. Upon presenting such certificate at any time not later than one hour prior to the closing of the polls, to the inspectors of election, in any precinct on the railroad, stage line, or transportation route on which he is employed, including the precinct in which he originally registered, the certificate mentioned above, together with his written affidavit, which shall be subscribed and sworn to before any of the inspectors of election, stating that he was so suddenly called away or detained by the transportation business in which he is employed that he did not have time to vote in the precinct in which he was originally registered, or to register under his transfer in that or any other precinct before the delivery of the certified copy of the register to the inspectors of election, the inspectors of election shall accept and file the certificate and affidavit, and shall cause the name of the elector to be entered upon the poll-list with the following remarks: Elector allowed to vote upon presentation of certificate and affidavit on election day, and shall thereupon allow the elector to vote, the same as if his name had originally appeared upon the register. |
Eligibility for registration
Change of registration
Form of request
Certificate for voter engaged in transportation business
May vote at any one of certain precincts |
κ1917 Statutes of Nevada, Page 430 (CHAPTER 231)κ
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Duties of county clerk
County clerk to revise official register after November election
Registration closed 20 days prior to any election
Notice of closing published |
shall thereupon allow the elector to vote, the same as if his name had originally appeared upon the register. The county clerk shall compare the signature of the elector upon such request with the signature upon the registry card of the elector indicated and may question the elector as to any information contained upon such registry card, and if the county clerk is satisfied concerning the identification of the elector and his right to have such transfer made, he shall indorse upon the registry card of such elector the date of the transfer and the precinct to which transferred, and shall file said card in the register of the precinct of the electors present residence, and the county clerk shall make transfers of electors name, together with all data connected therewith, to the proper precinct in the register. Sec. 16. Immediately after every general November election the county clerk of each county shall compare with the official register of said precinct on file in his office, the list of the electors who have voted at such election in each precinct, as shown by the official poll-book returned by said inspectors of election of each precinct to the county clerk, and he shall remove from the official register the registry cards of all electors who have failed to vote at such election, and shall mark each of said cards with the word Canceled, and shall place such canceled cards for the entire county in alphabetical order in a separate drawer to be known as the canceled file, but any elector whose card is thus removed from the official register may reregister in the same manner as his original registration was made, and the registration card of any elector who thus reregisters shall be filed by the county clerk in the official register in the same manner as original registration cards are filed. The county clerk shall at the same time cancel, by drawing a red line through the entry thereof, the name of all such electors who have failed to vote at such election. Sec. 17. The county clerk shall close all registration for the full period of twenty days prior to any election. Within three days after the closing of registration he shall transmit to the secretary of state a statement showing the number of voters registered in said county, approximating the number of registry cards not yet received at his office. The county clerk of each county must cause to be published in newspapers published within his county and having a general circulation therein, a notice signed by him to the effect that such registration will be closed on the day provided by law, specifying such day in such notice, and stating that electors may register for the ensuing election by appearing before the county clerk at his office or by appearing before a deputy registrar in the manner provided by law. The publication of such notice must continue for a full period of thirty days next preceding the close of registration for any election. At least fifteen days before the time when the register is closed for any election, the county clerk shall cause to be posted, in not less than five conspicuous places in each voting precinct, a copy of such election notice, stating the time when the official register will close for such election. |
κ1917 Statutes of Nevada, Page 431 (CHAPTER 231)κ
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for any election, the county clerk shall cause to be posted, in not less than five conspicuous places in each voting precinct, a copy of such election notice, stating the time when the official register will close for such election. Sec. 18. The county clerk shall, at least ten days preceding any election, cause to be printed or written lists of all electors registered and entitled to vote in the individual precincts of such county, and shall forthwith forward to the secretary of state a full, true and correct list of all registered voters with their postoffice addresses. Such lists of registered electors shall contain the names of the electors in full. The expense of printing or writing said lists shall be paid by the county in which the election is held. The county clerk shall cause to be posted, not less than eight days before any election, not less than five copies of such written or printed registry lists in not less than five conspicuous places within the proper precincts; provided, that the printing or writing shall cost not to exceed five cents per folio for the printed or written matter of such lists and not to exceed six dollars per thousand for printed or written copies thereof. He shall cause to be published in not to exceed two papers published in different parts of the county, for one insertion, a complete list of all the registered voters of said county, segregated by the precincts; provided, that the cost to the county shall not exceed five cents per name to each newspaper publishing such notice. He shall furnish to any qualified elector applying therefor copies of any precinct or county lists at a charge of not to exceed ten cents per folio therefor.
Poll-Book-Precincts Including More Than One County. Sec. 19. During the time intervening between the closing of the official register and five days before the ensuing election, the county clerk shall prepare for each precinct, a book to be known as the poll-book. Said poll-book shall be arranged for the listing of the names of electors in alphabetical order, and opposite each name in ruled columns with appropriate headings shall appear the information contained upon the registry cards of each elector, excepting his oath. The poll-books so prepared shall be delivered to the judges of election prior to the opening of the polls in each precinct. Where the precincts in municipal elections or in elections in school districts of the first class include more than one county precinct, the county clerk shall combine into one poll-book the names of all electors in the several precinct registers of the precincts of which such municipal or school district precinct is composed. Sec. 20. If at any time the register is closed for any impending election, but open for some other election, any elector shall be permitted to register for such other election, but the county clerk shall retain his registry card in a separate file until the official registry is again open for filing of cards, at which time all cards in such temporary file shall be placed in their proper position in the official register. |
Registry lists to be prepared by county clerk
Limit as to cost
Published in newspaper
Poll-book, what to exhibit
Regarding special elections |
κ1917 Statutes of Nevada, Page 432 (CHAPTER 231)κ
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When registry card must be canceled
Fee of county clerk for registering names
Challenges, regulations regarding |
cards, at which time all cards in such temporary file shall be placed in their proper position in the official register. Sec. 21. The county clerk must cancel any registry card in the following cases: 1. At the request of the party registered. 2. When he has a personal knowledge of the death or removal from the county of the person registered or when a duly authenticated certificate of the death of any elector is filed in his office. 3. When the insanity of the elector is legally established. 4. Upon the production of a certified copy of the judgment of conviction of any elector of felony. 5. Upon the production of a certified copy of the judgment of any court directing the cancelation to be made. 6. Upon the request of any elector who desires to change his politics, provided said change is made thirty days before any primary election. If any card is canceled by reason of this subdivision 6, the elector may reregister. Sec. 22. The county clerk shall receive, for the use and benefit of the county, from every city or town, and from every school district of the first class, to which the poll-books referred to in the last section have been furnished for municipal or school district elections, the sum of five cents for each and every name entered in such poll-books and this sum shall be in full payment for all services rendered by said county clerk; except that there shall be paid to the county in like manner the amount of the actual expense incurred in posting the list of electors, and in publishing the notices required by law, and any other expense incurred on account of any such municipal or school district election. It shall be the duty of the city or town council or board of school trustees to order a warrant drawn for such sum as may be due to the county under the provisions of this section within thirty days after the presentation of the account to them by said county clerk. Sec. 23. At any time not later than the tenth day prior to any election, a challenge may be filed with the county clerk, signed by a qualified elector in writing, and duly verified by the affidavit of the elector, that the elector designated therein is not entitled to vote. Such affidavit shall state the grounds of challenge, objection, and disqualification. The county clerk shall file the affidavit of challenge in his office as a record thereof. The county clerk must deliver a true and correct copy of any and all of such affidavits so filed to the inspectors of election, at the same time, and together with the copy of the precinct registers and check lists, and other papers required by this act to be delivered, and he must write distinctly opposite to the name of any person whose qualifications as an elector has been challenged, the words To be challenged. It shall be the duty of the inspectors of election, if, on the election day, such person who has been objected to and challenged applies to vote, to test, under oath, his qualifications. |
κ1917 Statutes of Nevada, Page 433 (CHAPTER 231)κ
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under oath, his qualifications. Notwithstanding the elector is registered, his right to vote may be challenged on the day of election by any qualified registered elector orally stating to the inspectors of election the grounds of such objection or challenge. It shall be the duty of the inspectors of election when it appears that any elector offers to vote and is either challenged by a duly qualified registered elector on election day, or by an affidavit of objection filed with the county clerk to test the qualifications of the elector and ask any questions that judges may deem proper. They shall compare the answers of the elector to such questions, which answers shall be given under oath, with the entries in the precinct register books, and if it be found that said elector is disqualified, or that the answers given by such elector, to the questions propounded by the inspectors do not correspond to the entry in the precinct registers, or that said elector is disqualified from any cause under the law, or if he refuses to take an oath as to his qualifications, he shall not be permitted to vote. The inspectors of election, in their discretion may require such elector to produce before them one or more qualified electors of the county, as they may deem necessary, and have them examined under oath, as to the qualifications of the elector. Sec. 24. When a naturalized citizen applies for registration his certificate of naturalization or a certified copy thereof must be produced and stamped, or written in ink by the registry agent with such registry agents name and the year, month and day and county where presented, but if it satisfactorily appears to the registry agent, by the affidavit of the applicant (and the affidavit of one or more credible electors when deemed necessary), that his certificate of naturalization or a certified copy thereof is lost or destroyed or beyond the reach of the applicant for the time being, said registry agent must register the name of said applicant, unless he is by law otherwise disqualified; but in case of failure to produce the certificate of naturalization, or a certified copy thereof, the registry agent must propound the following questions: 1. In what year did you come to the United States? 2. In what state or territory, county, court, and year were you finally admitted to citizenship? 3. Where did you last see your certificate of naturalization, or a certified copy thereof ? Sec. 25. In any action or proceeding instituted in a district court to compel the county clerk to make and enter the name of any elector in the precinct register, one or more electors may join in the same action to compel the registrar to place his, her, or their respective name upon the register of qualified electors and upon the copy of the register furnished to the election officers. |
Regarding challenges
Naturalized citizen, regarding naturalization certificate
Lost certificate, questions regarding
Voters may join in one action |
κ1917 Statutes of Nevada, Page 434 (CHAPTER 231)κ
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Registration prerequisite to voting
Proviso
Action when name is erroneously omitted from register
Deputies included
Masculine gender includes feminine
Election includes all classes of elections
Penalty; gross misdemeanor for violation of act
Challenged voter guilty of misdemeanor, when |
Sec. 26. No person shall be entitled to vote at any election mentioned in this act unless his name shall, on the day of election, except at school elections in school districts of the second and third class, appear in the copy of the official precinct register furnished by the county clerk to the judges of the election; and the fact that his name so appears in the copy of the precinct register shall be prima facie evidence of his right to vote; provided, that when the judges shall have good reason to believe, or when they shall be informed by a qualified elector that the person offering to vote is not the person who was so registered in that name, the vote of such person shall not be received until he shall have proved his identity as the person who was registered in that name by the oath of two reputable freeholders within the precinct in which such elector is registered. Sec. 27. Any elector whose name is erroneously omitted from any precinct poll-books, may apply for and secure from the county clerk, a certificate of such error stating the precinct in which such elector is entitled to vote, and upon the presentation of such certificate to the judges of election in such precinct, the said elector shall be entitled to vote in the same manner as if his name had appeared upon the precinct poll-book. Such certificate shall be marked Voted by the judges and shall be returned by them with the poll-book. Sec. 28. Wherever in this act the words county clerk appear, it shall be construed as extending and giving authority to any regularly appointed deputy county clerk. Sec. 29. The word elector, as used in this act, shall apply to male and female electors, and the pronoun he, used herein, shall be construed and intended to mean the word he or she. Sec. 30. The word election, as used in this act where not otherwise qualified, shall be taken to apply to general, special, primary nomination and municipal elections, and to elections in school districts of the first class. Sec. 31. Any person or persons or any officer of any county, city or town school district, who, under the provisions of this act, are required to perform any duty, and shall wilfully or knowingly fail, refuse, or neglect to perform such duty, or to comply with the provisions of this act, shall be guilty of a gross misdemeanor. Upon the conviction of any officer of the violation of the provisions of this act, the judges of the district court hearing such proceeding shall, at the time of rendering judgment of conviction, include in such order of conviction, an order of the court that such officer be removed from office. Sec. 32. If any person offering to vote at any election be challenged by an inspector or any qualified elector at said election, as to his right to vote thereat, an oath shall be administered to him by one of the judges that he will truly answer all questions touching his right to vote at such election, and if it appear that he is not a qualified voter under the provisions of this act, his vote shall be rejected; and if any person whose vote shall be so rejected shall offer to vote at the same election, at any other polling place, he shall be deemed guilty of a misdemeanor. |
κ1917 Statutes of Nevada, Page 435 (CHAPTER 231)κ
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truly answer all questions touching his right to vote at such election, and if it appear that he is not a qualified voter under the provisions of this act, his vote shall be rejected; and if any person whose vote shall be so rejected shall offer to vote at the same election, at any other polling place, he shall be deemed guilty of a misdemeanor. Sec. 33. Any person who shall make false answers either for himself or another, or shall violate or attempt to violate any of the provisions of this act, or knowingly encourage another to violate the same, or any public officer or officers or other persons upon whom any duty is imposed by this act, or any of its provisions, who shall wilfully neglect such duty, or shall wilfully perform it in such way as to hinder the objects and purposes of this act, shall, excepting where some penalty is provided by the terms of this act, be deemed guilty of a gross misdemeanor, and if such person be a public officer, shall also forfeit his office. Sec. 34. It shall be the duty of the board of county commissioners of each county to provide the county clerk thereof with sufficient help to enable him to properly perform the duties imposed upon him by this act, and the cost of the stationery, printing, publishing, and posting to be furnished or procured by the county clerk by the provisions of this law shall be a proper charge upon the county. Sec. 35. All acts and parts of acts in conflict with this act are hereby repealed. |
Various offenses constitute gross misdemeanor
County to furnish clerk with help; expenses a county charge
Repeal |
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Chap. 232An Act to amend an act entitled An act to secure liens to mechanics and others, and to repeal all other acts in relation thereto, approved March 2, 1875, by amending section 9 thereof, also designated as 1 Revised Laws of Nevada, 1912, section 2221.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act is hereby amended to read as follows: Section 9. Every building or other improvement mentioned in section 1 of this act, constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein, and the interest owned or claimed shall be subject to any lien filed in accordance with the provisions of this chapter, unless such owner or person having or claiming an interest therein shall, within three days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same, by posting a notice in writing to that effect in some conspicuous place upon said land, or upon the building or other improvement situate thereon, and also shall, within five days after such posting, file a duplicate original of such posted notice with the recorder of the county where said land or building is situated, together with an affidavit attached thereto showing such posting of the original notice. |
Relating to mechanics liens |
κ1917 Statutes of Nevada, Page 436 (CHAPTER 232)κ
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Relating to mechanics liens |
for the same, by posting a notice in writing to that effect in some conspicuous place upon said land, or upon the building or other improvement situate thereon, and also shall, within five days after such posting, file a duplicate original of such posted notice with the recorder of the county where said land or building is situated, together with an affidavit attached thereto showing such posting of the original notice. Such filing shall be prima facie evidence of said posting. |
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Amending industrial insurance law Employer presumed to have accepted terms of act, when
Compulsory on state, cities, school districts, etc. |
Chap. 233An Act to amend an act entitled An act relating to the compensation of injured workmen in the industries of this state, and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, and as amended by an act approved March 22, 1915.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, as amended by an act approved March 22, 1915, is hereby amended so as to read as follows: Section 1. (a) When, as in this act provided, an employer shall accept the terms of this act and be governed by its provisions, every such employer shall be conclusively presumed to have elected to provide, secure, and pay compensation according to the terms, conditions, and provisions of this act for any and all personal injuries by accident sustained by an employee arising out of and in the course of the employment; and in such cases the employer shall be relieved from other liability for recovery of damages or other compensation for such personal injury, unless by the terms of this act otherwise provided. (b) Where a state, county, municipal corporation, school district, cities under special charter and commission form of government, is the employer, the terms, conditions and provisions of this act, for the payment of premiums to the state insurance fund for the payment of compensation and amount thereof for such injury sustained by an employee of such employer, shall be conclusive, compulsory, and obligatory upon both employer and employee. (c) If an employer having the right under the provisions of this act to accept the terms, conditions and provisions thereof, shall fail to accept the same as herein provided, every such employer shall be deemed to have rejected the terms, conditions, and provisions thereof, and in such case such employer shall not escape liability for personal injury by accident sustained by an employee of such employer when the injury sustained arises out of and in the usual course of the employment, because: |
κ1917 Statutes of Nevada, Page 437 (CHAPTER 233)κ
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thereof, shall fail to accept the same as herein provided, every such employer shall be deemed to have rejected the terms, conditions, and provisions thereof, and in such case such employer shall not escape liability for personal injury by accident sustained by an employee of such employer when the injury sustained arises out of and in the usual course of the employment, because: (1) The employee assumed the risks inherent or incidental to, or arising out of, his or her employment; or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selecting reasonably competent employees in the business; (2) That the injury was caused by the negligence of a coemployee; (3) That the employee was negligent, unless and except it shall appear that such negligence was wilful and with intent to cause the injury, or the result of intoxication on the part of the injured party; (4) In actions by an employee against an employer for personal injuries sustained, arising out of and in the course of the employment where the employer has rejected the provisions of this act, it shall be presumed that the injury to the employee was the first result, and growing out of the negligence of the employer; and that such negligence was the proximate cause of the injury; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence. (d) Every such employer shall be conclusively presumed not to have elected to provide, secure, and pay compensation to employees for injuries sustained arising out of and in the course of the employment according to the provisions of this act, unless and until notice in writing of an election to accept shall have been given to the Nevada industrial commission, substantially in the following form:
employers notice to accept To the Nevada Industrial Commission: You are hereby notified that the undersigned accepts the provisions of the Nevada Industrial Insurance Act. Signed........................................................... (e) Where the employer has given notice of an election to accept the terms of this act, and the employee has not given notice of an election to reject the terms of this act, every contract to hire, express or implied, shall be construed as an implied agreement between them, and a part of the contract on the part of the employer to provide, secure and pay, and on the part of the employee to accept, compensation in the manner as by this act provided for all personal injuries sustained arising out of and in the course of employment. |
Employers rejecting law shall not escape legal liability because-
Employee assumes incident risks
Negligence of coemployee Employee self-negligent
Negligence of employer presumed, when
Employer presumed to have elected to pay compensation, when
Employers notice to accept
Implied agreement construed, when |
κ1917 Statutes of Nevada, Page 438 (CHAPTER 233)κ
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Accepting employer to be governed by terms of this act
Employer, by failure to pay premiums, rejects terms of act
Employers to post all notices
Employer not to make any charge against employee for liability
Provisions when employer accepts and employee rejects |
manner as by this act provided for all personal injuries sustained arising out of and in the course of employment. (f) Every such employer electing to be governed by the provisions of this act, before becoming entitled to the benefits of the act in the providing, securing, and paying of compensation to the employees thereunder, shall, on or before the first day of July, 1917, and thereafter during the period of his election to be governed by the provisions of the act, pay to the Nevada industrial commission all premiums in the manner hereinafter provided; and during the period of his election to be governed by the provisions of the act shall comply with all conditions and provisions of the act, hereinafter stated. (g) Failure on the part of any such employer to pay the premiums as by the provisions of this act required shall operate as a rejection of the terms of the act. In the event of any rejection of this act or the terms hereof, such rejecting employer shall post a notice of rejection of the terms of the act upon his premises in a conspicuous place. Failure to post said notice shall constitute a misdemeanor. (h) It shall be the duty of such employer at all times to maintain the notice or notices so provided for the information of his employees, and any person failing so to maintain the same shall be guilty of a misdemeanor. Sec. 2. The above-entitled act is hereby amended by the adding of an additional section to be known as section 2 1/2, which shall read as follows: Section 2 1/2. It shall be unlawful for any employer who has elected to reject the terms, conditions and provisions of this act, to make any charge against any employee, or to deduct from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his rejection of the Nevada industrial insurance act. Any such employer who makes a deduction for such purpose from the salary or wage of any employee shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than one hundred ($100) dollars nor more than five hundred ($500) dollars for each offense. It is hereby made the duty of the district attorney of the county where a violation of this provision is charged to prosecute such cases upon complaint of the commission, or upon complaint of any employee who submits proper evidence of a violation of this provision. Sec. 3. Section 4 of the above-entitled act, as amended by an act approved March 22, 1915, is hereby amended so as to read as follows: Section 4. (a) When the employer has accepted the terms of this act, or the employee has rejected the terms thereof in compliance with the provisions of this act, such election shall continue and be in force until such employer shall thereafter reject the provisions of this act, or said employee accept the provisions of this act, respectively, as provided in subsection (b) of this section. |
κ1917 Statutes of Nevada, Page 439 (CHAPTER 233)κ
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accept the provisions of this act, respectively, as provided in subsection (b) of this section. (b) When an employer accepts, or an employee rejects, the provisions of this act, such party may at any time thereafter elect to waive such acceptance or rejection by giving notice in writing in the same manner required by the employer in accepting, or by the employee in rejecting, the provisions of this act, and which shall become effective when filed with the Nevada industrial commission. Sec. 4. Section 21 of the above-entitled act is hereby amended so as to read as follows: Section 21. (a) Every employer electing to be governed by the provisions of this act shall, on or before the first day of July, A. D. 1917, and monthly thereafter, pay to the Nevada industrial commission for a state insurance fund premiums in such a percentage of his estimated total pay-roll as shall be fixed by order of the Nevada industrial commission; provided, however, that all premium rates now in effect shall be continued in full force and effect until changed, altered or amended by order of the Nevada industrial commission. The Nevada industrial commission may require all premiums required by this act to be paid for three months in advance upon the estimated pay-roll of the employer, unless the commission be satisfied of the financial responsibility of the employer, or unless a good and sufficient surety bond for the payment of premiums be given by the employer to the Nevada industrial commission. (b) The Nevada industrial commission shall have the power, as experience and conditions demand, to increase or decrease the rates above provided; sixty days notice of any change in rates shall be given before the same shall become effective; the commission shall have the power, and it shall be their duty, to classify occupations with respect to their degree of hazard, and determine the risks of the different classes and fix the rates of premiums of the same, based upon the total pay-roll and number of employees in each of said classes of occupation and sufficiently large to provide an adequate fund for the compensation provided for in this act, and to create a surplus sufficiently large to guarantee a satisfactory state insurance fund from year to year. Sec. 5. Section 23 of the above-entitled act is hereby amended to read as follows: Section 23. (a) Every injured employee within the provisions of this act shall be entitled to receive, and shall receive promptly, such medical, surgical and hospital or other treatment, nursing, medicines, medical and surgical supplies, crutches and apparatus, including artificial members as may reasonably be required at the time of the injury and within ninety days thereafter, which may be extended to one year by the Nevada industrial commission. The benefits conferred by this paragraph upon the injured employee shall hereinafter be termed Accident Benefits. |
Further provisions
Accepting employer must pay premiums on pay-roll
Premiums may be required to be paid 3 months in advance
Commission may increase or decrease rates on 60 days notice
Injured employee to receive prompt medical treatment |
κ1917 Statutes of Nevada, Page 440 (CHAPTER 233)κ
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Fund for accident benefits
Commission may adopt rules and regulations
State insurance fund not liable for accident benefits
Duty of employer to injured employee
Employers providing accident benefits |
this paragraph upon the injured employee shall hereinafter be termed Accident Benefits. (b) For the purpose of providing a fund to take care of said accident benefits as in this act provided the Nevada industrial commission is authorized and directed to collect a premium upon the total pay-roll of every employer except as hereinafter provided in such a percentage as the commission shall by order fix; every employer paying such premium shall be relieved from furnishing accident benefits, and the same shall be provided by the Nevada industrial commission. Every employer paying such premium for accident benefits may collect one-half thereof, not to exceed one dollar per month, from each employee, and may deduct the same from the wages of such employee. The Nevada industrial commission shall have the authority to adopt such reasonable rules and regulations as may be necessary to carry out the provisions of this subdivision of this section. All fees and charges for such accident benefits shall be subject to regulation by the commission, and shall be limited to such charges as prevail in the same community for similar treatment of injured persons of like standard of living. The state insurance fund provided for in this act shall not be liable for any accident benefits provided by this section, but the fund provided for accident benefits shall be a separate and distinct fund, and shall be so kept. (c) It shall be the duty of every employer accepting the provisions of this act, immediately upon the occurrence of any injury to any of his employees, to render to such employee all necessary first aid, including cost of transportation of the injured employee from the place of injury to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation; such employer shall forthwith notify the commission of such accident, giving the name of the injured employee, the nature of the accident and where and by whom the injured employee is being treated, and the date of the accident. Every employer paying accident benefit premiums to the Nevada industrial commission furnishing such first aid shall be entitled to receive from the commission the amount of such expenditure reasonably made. (d) Every employer operating under this act alone or together with other employers may make arrangements for the purpose of providing accident benefits as defined in this act for injured employees, and such employers may collect one-half of the cost of such accident benefits from their collective employees, not to exceed one dollar per month from any one employee, and may deduct the same from the wages of each employee. Employers electing to make such arrangements for providing accident benefits shall notify the Nevada industrial commission of such election, and in the event of failure to so notify said Nevada industrial commission of such election they shall be liable for premiums for accident benefits as heretofore provided by subdivision (b) of this section. |
κ1917 Statutes of Nevada, Page 441 (CHAPTER 233)κ
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failure to so notify said Nevada industrial commission of such election they shall be liable for premiums for accident benefits as heretofore provided by subdivision (b) of this section. (e) If it be shown or the commission finds that the employer is furnishing the requirements of medical, surgical, or hospital aid or treatment provided for in this act in such a manner that there are reasonable grounds for believing that the health, life, or recovery of the employee is being endangered or impaired thereby, the commission may, upon application of the employee or upon its own motion, order a change in the physician or other requirements, and if the employer fails to promptly comply with such order, the injured employee may elect to have such medical, surgical, or hospital aid or treatment provided by or through the Nevada industrial commission, in which event the cause of action of said injured employee against the employer or hospital association shall be assigned to the Nevada industrial commission for the benefit of the state insurance fund, and the Nevada industrial commission shall furnish to said injured employee the medical, surgical, or hospital aid or treatment provided for in this act. Sec. 6. Section 25 of the above-entitled act, as amended by an act approved March 22, 1915, is hereby amended so as to read as follows: Section 25. Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in the course of employment, or his dependents, as hereinafter defined, shall be entitled to receive the following compensation:
(A) Death Benefits If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount and to and for the benefit of the persons following: 1. Burial expenses not to exceed one hundred and twenty-five ($125) dollars in addition to the compensation payable under this act. 2. To the widow, if there is no child, thirty per centum of the average wage of the deceased. This compensation shall be paid until her death or remarriage with two years compensation in one sum upon remarriage. 3. To the widower, if there is no child, thirty per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage. 4. To the widow or widower, if there is a child or children, the compensation payable under clause (1) or clause (2), and in addition the additional amount of ten per centum of such wage for each such child until the age of eighteen years, not to exceed a total of sixty-six and two-thirds per cent for such widow or widower and the children. |
Commission may interfere, when
Death benefits specified |
κ1917 Statutes of Nevada, Page 442 (CHAPTER 233)κ
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Death benefits specified |
such widow or widower and the children. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen years, or if over eighteen years, and incapable of self-support, becomes capable of self-support. 5. If there be surviving child or children of the deceased under the age of eighteen years, but no surviving wife (or dependent husband) then for the support of each such child until the age of eighteen years, fifteen per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed sixty-six and two-thirds per centum of such wages. 6. If there be no surviving wife (or dependent husband) or child under the age of eighteen years, there shall be paid to the parent or parents, if wholly dependent for support upon the deceased employee at the time of his death, twenty five per centum of the average monthly wage of the deceased during dependency; to the brothers or sisters, under the age of eighteen years, if one is wholly dependent upon the deceased employee for support at the time of the injury causing death, twenty per centum of the average monthly wage for the support of such brother or sister, until of the age of eighteen years. If more than one brother or sister is wholly dependent, thirty per centum of the average monthly wage at the time of the injury causing death, divided among such dependents share and share alike. If there is no one of them wholly dependent, but one or more partly dependent, ten per centum divided among such dependents share and share alike. 7. In all other cases, questions of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for one hundred months. 8. Compensation to the widow or widower shall be for the use and benefit of such widow or widower and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such way as it deems best for the interests of all beneficiaries. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States the compensation shall be only sixty (60) per cent of the amount or amounts above specified. |
κ1917 Statutes of Nevada, Page 443 (CHAPTER 233)κ
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alien not residing in the United States the compensation shall be only sixty (60) per cent of the amount or amounts above specified. 9. Any excess of wages over one hundred and twenty ($120) dollars a month shall not be taken into account in computing compensation for death benefits. 10. In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump-sum settlement shall be allowed.
(B) Total Disability 1. Temporary total disability: For temporary total disability, compensation of fifty per cent (50%) of the average monthly wage, but not more than seventy dollars ($70) nor less than twenty dollars ($20) per month for a period not to exceed twelve (12) months. At the end of twelve (12) months from the date of injury, should the disability persist and exist, a physical examination of the injured man shall be made and the character and quality of the disability determined. Thereafter, compensation shall not exceed the sum of sixty dollars ($60) per month. 2. Permanent total disability: In cases of total disability adjudged to be permanent, compensation of fifty per cent (50%) of the average monthly wage, but not less than twenty dollars ($20) per month nor more than fifty dollars ($50) per month during the life of the injured person. In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent: 1. The total and permanent loss of sight in both eyes. 2. The loss by separation of both legs at or above the knee. 3. The loss by separation of both arms at or above the elbow. 4. An injury to the spine resulting in permanent and complete paralysis of both legs and both arms. 5. An injury to the skull resulting in incurable imbecility or insanity. 6. The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee may be deemed a permanent total disability. The above enumeration is not taken as exclusive; and in all other cases, permanent total disability shall be determined in accordance with the facts.
(C) Partial Disability 1. Temporary partial disability: For temporary partial disability, one-half of the difference between the wages earned before the injury and the wages which the injured person is able to earn thereafter, but not more than forty dollars ($40) per month for a period not to exceed sixty (60) months during the period of said disability. For the purpose of this provision any excess of wages over one hundred and forty dollars ($140) per month shall not be taken into account in computing compensation for temporary partial disability. |
Death benefits specified
Total disability benefits specified
Partial disability benefits specified |
κ1917 Statutes of Nevada, Page 444 (CHAPTER 233)κ
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Partial disability benefits specified |
provision any excess of wages over one hundred and forty dollars ($140) per month shall not be taken into account in computing compensation for temporary partial disability. 2. In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and the amounts named, subject to a minimum of twenty dollars ($20) per month and a maximum of sixty dollars ($60) per month, shall be paid in addition to the compensation paid for temporary total disability. (a) For the loss of a thumb, fifty per cent (50%) of the average monthly wages during fifteen (15) months. (b) For the loss of the first finger commonly called the index finger, fifty per cent (50%) of the average monthly wages during nine (9) months. (c) For the loss of a second finger, fifty per cent (50%) of the average monthly wages during seven (7) months. (d) For the loss of a third finger, fifty per cent (50%) of [the average monthly wages during five (5) months.] [(e) For the loss of the fourth finger, commonly called the] little finger, fifty per cent (50%) of the average monthly wages during four (4) months. (f) The loss of the distal or second phalange of the thumb, or the distal or third phalange of the first, second, third, or fourth finger, shall be considered a permanent partial disability, and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger. (g) The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. (h) For the loss of a great toe, fifty per cent (50%) of the average monthly wages during seven (7) months. (i) For the loss of one of the other toes other than the great toe, fifty per cent (50%) of the average monthly wages during two and one-half months. (j) However, the loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one-half of the amount above specified. (k) The loss of more than one phalange shall be considered as the loss of the entire toe. (1) For the loss of a hand, fifty per cent (50%) of the average monthly wages during forty (40) months. (m) For the loss of an arm, fifty per cent (50%) of the average monthly wages during fifty (50) months. (n) For the loss of a foot, fifty per cent (50%) of the average monthly wages during thirty-five (35) months. (o) For the loss of a leg, fifty per cent (50%) of the average monthly wages during forty-five (45) months. |
κ1917 Statutes of Nevada, Page 445 (CHAPTER 233)κ
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(p) For the loss of an eye, fifty per cent (50%) of the average monthly wages during twenty-five (25) months. (q) For permanent and complete loss of hearing in one ear, fifty per cent (50%) of the average monthly wages during twenty (20) months. (r) For permanent and complete loss of hearing in both ears, fifty per cent (50%) of the average monthly wages during sixty (60) months. (s) The permanent and complete loss of the use of a finger, toe, arm, hand, foot, or leg may be deemed the same as the loss of any such member by separation. (t) The permanent and complete loss of sight in one eye may be deemed as the loss of one eye. (u) Facial disfigurement: For permanent disfigurement about the head or face, which shall include injury to or loss of teeth, the commission may allow such sum for compensation thereof as it may deem just, in accordance with the proof submitted, but said compensation shall not exceed fifty per cent (50%) of the average monthly wage, nor to exceed sixty dollars ($60) per month during twelve (12) months. (v) In all cases of permanent partial disability, not otherwise specified in the foregoing schedule, the percentage of disability to the total disability shall be determined. For the purpose of computing compensation a disability that is partial in character but permanent in quality, the sum of sixty dollars ($60) per month for the period of one hundred (100) months shall represent a one hundred per cent (100%) disability. In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury; and the compensation paid therefor shall be the percentage of the disability caused by the injury times fifty per cent (50%) of the average monthly wage, not to exceed sixty dollars ($60) per month, for one hundred (100) months during the life of the injured employee. Whenever the monthly payments under this subsection are so small that the payments thereof during the full period will work a hardship on the beneficiary, or be of no substantial benefit, the period may be shortened and the payments correspondingly increased in such manner that the same may be of substantial benefit to the injured employee. (w) Where there is a previous disability as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury. |
Partial disability benefits specified |
κ1917 Statutes of Nevada, Page 446 (CHAPTER 233)κ
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Partial disability benefits specified
Who are total dependents
Reports must be filed with commission |
(x) The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this subsection. No compensation shall be payable for the death or disability of an employee, if his death be caused by, or in so far as his disability may be aggravated, caused or continued by an unreasonable refusal or neglect to submit to or follow any competent and reasonable surgical treatment or medical aid. Sec. 7. Section 26 of the above-entitled act, as amended by an act approved March 22, 1915, is hereby amended so as to read as follows: Section 26. (a) The following persons shall be conclusively presumed to be totally dependent for support upon a deceased employee: 1. A wife upon a husband whom she has not voluntarily abandoned at the time of the injury; 2. A husband, mentally or physically incapacitated from wage earning, upon a wife whom he has not voluntarily abandoned at the time of injury; 3. A natural, posthumous, or adopted child or children, whether legitimate or illegitimate, under the age of eighteen years, or over that age, if physically or mentally incapacitated from wage earning, upon the parent with whom he or they are living at the time of the injury resulting in the death of such parent, there being no surviving parent. Step-parents may be regarded in this act as parents, if the fact of dependency is shown, and a step-child or step-children may be regarded in this act as a natural child or children, if the existence and fact of dependency is shown. (b) Questions as to who constitute dependents and the extent of their dependency shall be determined as of the date of the accident or injury to the employee, and their right to any death benefit shall become fixed as of such time, irrespective of any subsequent change in conditions, and the death benefits shall be directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees. Sec. 8. Section 33 of the above-entitled act is hereby amended so as to read as follows: Section 33. (a) Every employer electing to be governed by the provisions of this act, and every physician and surgeon who attends an injured employee, within the purview of this act, is hereby required to file with the commission, under such rules and regulations as the commission may from time to time make, a full and complete report of every known injury to an employee arising out of or in the course of his employment and resulting in loss of life or injury to such person. Such report shall be furnished to the commission in such form and in such detail as the commission may, from time to time prescribe, and shall make special answers to all questions required by the commission under its rules and regulations. |
κ1917 Statutes of Nevada, Page 447 (CHAPTER 233)κ
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time to time prescribe, and shall make special answers to all questions required by the commission under its rules and regulations. It shall be unlawful for any person, firm or corporation, agent or officer of any firm or corporation, or any attending physician or surgeon to fail or refuse to comply with any of the provisions of this section; and any person, firm, or corporation, agent or officer of any firm or corporation, or physician or surgeon, who fails or refuses to comply with the provisions of this section, shall be guilty of a misdemeanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty ($50) dollars nor more than two hundred ($200) dollars. (b) Any physician, having attended an employee within the purview of this act, in a professional capacity, may be required to testify before the commission when it shall so direct. Information gained by the attending physician or surgeon, while in attendance on the injured man, shall not be considered a privileged communication, if required by the commission for a proper understanding of the case and a determination of the rights involved. (c) Whenever any accident occurs to any employee, it shall be the duty of the employee to forthwith report such accident and the injury resulting therefrom to the employer, and it shall also be the duty of any physician employed by such injured employee to forthwith report such accident and the injury resulting therefrom to the employer and to the Nevada industrial commission. Whenever any accident occurs to any employee, and knowledge of same comes to the attention of the employer by such report or otherwise, the employer may at once designate, and send the physician so chosen by such employer and authorized by such employer in writing; and the physician, so chosen, shall be permitted by the employee or any person or persons in charge of said employee to make one examination of said injured employee in order to ascertain the character and extent of the injury occasioned by such accident. Thereupon, it shall be the duty of the said physician, so chosen, to forthwith report to the employer and to the Nevada industrial commission the character and extent of the said injury, as so ascertained by said physician. (d) If the happening of the said accident, or the infliction of said injury to said employee, shall not have been reported by said employee or his said physician forthwith, as above described and immediately after the happening of said accident and injury, or if the said injured employee or those in charge of him (the injured employee being a party to the refusal) shall refuse to permit the employers physician, so chosen, to make such examination, no compensation shall be paid for the injury so claimed to result from said accident; but it shall be within the discretion of the Nevada industrial commission to relieve said injured person or his dependents from such loss or forfeiture of compensation, |
Reports must be filed with commission
Physicians must testify when required
Employee must report injury to employer
Procedure when injury is not reported |
κ1917 Statutes of Nevada, Page 448 (CHAPTER 233)κ
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Procedure when injury is not reported
Notice of injury to be given within 30 days |
commission to relieve said injured person or his dependents from such loss or forfeiture of compensation, if the said Nevada industrial commission shall be of the opinion, after investigation, that the circumstances attending the failure on the part of the employee, or of his physician, to report said accident and injury are such as to have excused the said employee and his physician for such failure to so report, and that such relieving of the employee or his dependents from the consequences of such failure to report will not result in an unwarrantable charge against said state insurance fund. Sec. 10. The above-entitled act is hereby amended by adding an additional section thereto to be known as section 34 1/2, which shall read as follows: Section 34 1/2. Notice of the injury for which compensation is payable under this act shall be given to the commission as soon as practicable, but within thirty days after the happening of the accident. In case of the death of the employee resulting from such injury, notice shall be given to the commission as soon as practicable, but within sixty days after such death. The notice shall be in writing and contain the name and address of the injured employee and state in ordinary language the time, place, nature and cause of the injury and be signed by said injured employee, or by a person in his behalf, or in case of death, by one or more of his dependents or by a person on their behalf. No proceeding under this act for compensation for an injury shall be maintained unless the injured employee, or some one in his behalf, files with the commission a claim for compensation with respect to said injury within ninety days after the happening of the accident, or, in case of death, within one year after such death. The notice required by this section shall be served upon the commission, either by delivery to and leaving with it a copy of such notice, or by mailing to it by registered mail a copy thereof in a sealed, postpaid envelope addressed to the commission at its office, and such mailing shall constitute complete service; the failure to give such notice or to file such claim for compensation within the time limit specified in this section shall be a bar to any claim for compensation under this act, but such failure may be excused by the commission on one or more of the following grounds: (1) That notice for some sufficient reason could not have been made. (2) That failure to give such notice will not result in an unwarrantable charge against the state insurance fund. (3) That the employer had actual knowledge of the occurrence of the accident resulting in such injury. (4) That failure to give notice was due to employees or beneficiarys mistake or ignorance of fact or of law, or of his physical or mental inability, or to fraud, misrepresentation or deceit. Sec. 10. The above-entitled act is hereby amended by adding an additional section thereto to be known as section 401/2, which shall read as follows: |
κ1917 Statutes of Nevada, Page 449 (CHAPTER 233)κ
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adding an additional section thereto to be known as section 401/2, which shall read as follows: Section 40 1/2. It shall be the duty of the industrial commission board, provided for by section 8 of this act, annually or as often as they may deem necessary to make an audit of all books of accounts and record and of funds and securities of the Nevada industrial commission, and said industrial commission board is authorized to employ and fix the compensation of a competent accountant for the purpose of making such audit or audits, the expenses thereof to be paid out of the state insurance fund. Sec. 10 1/2. Section 37 of the above-entitled act is hereby repealed. Sec. 11. Except as otherwise provided herein this act shall be effective on and after July 1, 1917. |
Audit of accounts of commission must be made
Section repealed When effective |
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Chap. 234An Act creating the office of state assayer and inspector and providing for the appointment of such officer, defining his duties and other matters relating thereto.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of state assayer and inspector for the State of Nevada is hereby created. Sec. 2. The state assayer and inspector shall receive as full compensation for his services a salary of three thousand ($3,000) dollars per annum and his necessary traveling expenses when traveling in the discharge of his official duties, and necessary expenses for deputy hire, postage, stationery, printing, and other office expenses; provided, said compensation and all expenses except deputy hire shall be paid as the salary and expenses of other state officers are paid. Before entering upon the discharge of his duties he shall file an official bond in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of the duties of said office, in form and manner as other official bonds of state officers. Sec. 3. The state assayer and inspector shall not at the time of his appointment, or at any time during his term of office, be an owner, officer, director or employee of any mining corporation, smelter, sampler or mill which purchases ore or does custom work, and he shall not hold stock or bonds of or in any smelter, sampler or mill purchasing ore or doing custom work. He shall further be a practical mining man and have had at least five years actual and immediate experience in the mining business and shall be a qualified assayer and metallurgical chemist of at least three years actual experience. |
Office of state assayer and inspector created
Salary and expenses
Official bond
Qualifications of said officer |
κ1917 Statutes of Nevada, Page 450 (CHAPTER 234)κ
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Oath for state assayer and deputies
Office at capitol
Mining operators to report
Duties of state assayer
Fees
Fund created
Proviso |
experience. The state assayer and inspector and his deputies shall each take and subscribe the following oath:
I, , of County, do solemnly swear that I will do and perform each and every duty required by me as state assayer and inspector for the State of Nevada; that I will never at any time divulge or disclose to any person or persons, directly or indirectly, under any circumstances, any information relative to assays, tonnage reports or other data secured or received by me as state assayer and inspector, except to the parties directly interested or by their express permission. So help me God. .................................................. Nothing in said oath shall be construed to prevent said officer from making statistical reports as required by law. Sec. 4. The state assayer and inspector shall be provided with a properly furnished office at the state house in Carson City, Nevada, in which he shall carefully keep a complete record of all his official acts. Sec. 5. It is hereby made the duty of the owner, lessor, lessee, agent, manager or other person in charge of each and every sampler, ore purchaser and custom mill of any kind or character in Nevada, to forward monthly on the first day of each and every month to the state assayer and inspector, a statement of the tonnage of ores received and the camp from which shipped. Sec. 6. It shall be the duty of the state assayer and inspector to take charge at the destination thereof of all ores consigned to samplers, custom mills or other ore purchasers located in this state, whenever requested so to do by the owner or forwarder of such shipments. The state assayer and inspector shall sample such ores taken charge of with the purchaser or independently as he may see fit and at any and all times he may see fit and samples taken by him shall be assayed at the state analytical laboratory. The shipper or owner of such ore shall pay the State of Nevada the sum of twenty-five (25) cents the ton for the services as rendered in taking charge of, sampling and assaying the said ores, and the purchaser of such ores shall withhold the amount so due the State of Nevada from the money due said shipper as a prior charge and forward the sum so withheld to the state treasurer of Nevada to be placed in a fund to be known as the Assayer and Inspector Fund. The assayer and inspector shall forward immediately to the owner or shipper the assays and result of sampling done by him. He shall also do whatever other things are necessary and requisite to protect the rights and interests in the ore of the consignor; provided, that if the ore is consigned or marketed at a sampler, purchaser or custom mill where less than fifty (50) tons of ore daily are received and sampled by the state assayer and inspector, the consignor shall be required to pay the actual costs of such inspection and sampling, including traveling expenses and deputy hire. |
κ1917 Statutes of Nevada, Page 451 (CHAPTER 234)κ
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received and sampled by the state assayer and inspector, the consignor shall be required to pay the actual costs of such inspection and sampling, including traveling expenses and deputy hire. The assayer and inspector shall also make daily statements to the state treasurer for checking purposes. Sec. 7. All moneys received by the state treasurer for taking charge of and sampling ores shall be deposited in a separate fund to be known as the Assayer and Inspector Fund, and paid out as herein provided. Sec. 8. The state assayer and inspector may appoint deputies as necessary, at a wage of not to exceed five ($5) dollars the day and traveling expenses; provided, said deputies shall be paid out of the fund known as the Assayer and Inspector Fund, in the state treasury, and no deputy hire shall be incurred unless there are sufficient funds on hand to pay the per diem and expenses in said fund. All bills of the state, including the wages of deputies, shall be submitted to and allowed by the board of examiners of Nevada. Sec. 9. Said appointment shall be made by the governor, and said state assayer shall hold office at the pleasure of the governor. Sec. 10. The words and phrases of this act, unless such construction be inconsistent with the context, shall be construed as follows: (a) The word sampler, any individual, copartnership, company, association or corporation buying, purchasing, accepting consignments of or receiving for delivery any mineral-bearing ore from any mine or mines not owned and operated by it. (b) The words custom mill shall include any mill, smelter or any other plant used for the reduction of ores and extracting the mineral therefrom, which treats and reduces ores other than those produced and extracted from a property owned and operated wholly by it. (c) The word purchaser and ore purchaser include any individual, copartnership, company, association and corporation which purchases, buys, accepts on consignment, or for delivery, any mineral-bearing ores. Sec. 11. For the purpose of carrying out the provisions of this act, the sum of one thousand ($1,000) dollars is hereby appropriated out of any moneys in the general fund of the state treasury not otherwise appropriated. Sec. 12. A violation of any provision of this act shall be a misdemeanor and punishable with a fine of not less than twenty-five ($25) dollars, nor more than five hundred ($500) dollars, or imprisonment in the county jail not to exceed four (4) months. Sec. 13. Each section of this act and every part of each section is hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to nor affect any other section or any part thereof. |
Fees to go into fund
Deputies may be appointed
Governor to appoint
Words and phrases construed
Appropriation, $1,000
Penalties for violation
Each section independent |
κ1917 Statutes of Nevada, Page 452 (CHAPTER 234)κ
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thereof to be void or ineffective for any cause shall not be deemed to nor affect any other section or any part thereof. |
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Insurance companies incorporated in state must have at least five resident directors and $100,000 cash capital invested in state
Proviso
Governed by corporation law |
Chap. 235An Act to amend sections two, three, and four of an act entitled An act to license and regulate insurance business in this state, approved February 23, 1881, and to repeal all acts or parts of acts amendatory thereof, supplementary thereto, or in conflict herewith.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of said act as amended is hereby amended so as to read as follows: Section 2. Corporations may be formed under the general laws of this state for the transaction of insurance business, but no such corporation shall be permitted to assume any risk as insurer unless the same shall have at least five directors, who shall be residents and property owners in this state and stockholders in the corporation; nor until such corporation shall have a paid-up, unimpaired cash capital equal to one hundred thousand dollars, in United States gold coin, which shall be invested in this state, in state or United States bonds, bonds and mortgages on first-class, otherwise unincumbered real estate, the market value of which shall be at least double the amount invested in or loaned thereon, bonds of any school district, city or county in this state, the issuance of which was duly authorized by law, bonds of any railroad, wagon-road, ditch, or canal incorporation or association; provided, that for one year after the granting of the license hereinafter provided for, to any insurance company formed under the laws of this state, such cash capital of one hundred thousand dollars may consist of twenty-five thousand dollars in cash, and seventy-five thousand dollars in negotiable promissory notes, payable to it, approved by the state bank examiner and state controller, and bearing interest at the rate of at least six per cent per annum, and payable within one year after the granting of such license; provided, that such bonds or securities shall at no time be estimated as assets of such corporation at more than their actual cash value, and nothing in this act shall be construed to permit any investment in mining stock. Any corporation formed under the laws of this state for the transaction of insurance business may change its name, increase its capital stock, change the location of its principal office, extend its corporate existence, change the number of its directors or trustees, and make such other amendments, changes or alterations as may be desired, in the manner provided by section 40 of an act entitled An act providing a general corporation law, approved March 16, 1903, |
κ1917 Statutes of Nevada, Page 453 (CHAPTER 235)κ
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approved March 16, 1903, or in the manner provided under the laws of this state relating to corporations; provided, that nothing herein contained shall be so construed as to authorize or permit any corporation formed under the provisions of this act to decrease its capital stock to less than one hundred thousand dollars. Sec. 2. Section 3 of said act is hereby amended so as to read as follows: Section 3. No loans shall be made to any stockholder upon the security of the capital stock of such insurance company, and no loans shall be made to any director, officer or employee of such insurance company unless he gives good and sufficient security for the repayment of such loan, which security must be approved by a majority vote of the board of directors and the state bank examiner, the applicant for such loan not voting. Sec. 3. Section 4 is hereby amended so as to read as follows: Section 4. No association, firm or individual, whose principal office shall be in this state, shall be permitted to transact business as insurer on terms more favorable than are defined in section two of this act. Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed. |
Restriction of loans to stockholders
To observe section 2
Repeal |
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Chap. 236An Act to create the office of purchasing agent of the county of Esmeralda, and providing for the duties and compensation of such purchasing agent.
[Became a law, March 22, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of purchasing agent of the county of Esmeralda is hereby created, and the board of county commissioners of the said county are hereby authorized to appoint, by a majority vote of such board, one of the members of such board of county commissioners as purchasing agent for the said county of Esmeralda. Sec. 2. The said commissioner so appointed as such purchasing agent shall receive as compensation as such officer, in addition to the salary received by him as county commissioner, the salary of $50 per month, said salary to be paid out of the general fund of the county of Esmeralda in the same manner as the salaries of other officers of the said county are paid. Sec. 3. The said purchasing agent of Esmeralda County so appointed is hereby authorized and directed to purchase all supplies of every nature whatsoever required for the carrying on of all branches of the county business, and all branches of the business of all unincorporated cities and towns in said county, |
Purchasing agent for Esmeralda County authorized
County commissioner to be said agent; additional salary
Duties of said agent |
κ1917 Statutes of Nevada, Page 454 (CHAPTER 236)κ
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Duties of purchasing agent
Purchases to be made from county merchant giving lowest terms
Repeal |
towns in said county, including all supplies used in the various offices of the county government, all supplies necessary for the maintenance of the courthouse of said county, the county hospital of said county, and all road, bridge, and street work in said county, and all other supplies of every nature whatsoever which may be required by the said county in all its branches, or which may be required by any unincorporated city or town in said county in any of its departments, and no purchase of any nature whatsoever made for said county or any unincorporated city or town in said county by any person other than the purchasing agent of the said county or the board of county commissioners thereof shall be valid or shall create any obligation upon the said county; provided, that it shall be incumbent upon the purchasing agent herein provided to solicit prices upon all supplies to be purchased under the provisions of this act, from the different merchants doing business in the county who deal in the wares to be bought, and it shall be the duty of the purchasing agent, and he is hereby directed to thereafter buy such supplies from the person, firm, or corporation submitting the lowest price or prices for the supplies intended to be purchased; provided further, that all purchases so made shall be approved by the board of county commissioners at a regular meeting of said board. Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
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Officers of drainage districts |
Chap. 237An Act to amend an act entitled An act to provide for the organization and government of drainage districts, and to provide for the acquisition, repair, and development of canals, drains, ditches, watercourses, and other property, and for the distribution of water thereby for drainage purposes, and to provide for the levying of taxes, and for the issuing and sale of bonds thereof, approved March 31, 1913.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 8 of the above-entitled act is hereby amended so as to read as follows: Section 8. Within thirty days after their election and qualification the supervisors shall meet and organize as a board, and elect a president, a secretary, and a treasurer from among their own number. Each of such officers shall hold office during the pleasure of the board. The board of supervisors shall have power to adopt a code of by-laws governing the conduct of the business and affairs of the district as a corporation in connection with its association with individuals in and outside of the district, and regulating the use of its drainage system by outsiders. |
κ1917 Statutes of Nevada, Page 455 (CHAPTER 237)κ
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with individuals in and outside of the district, and regulating the use of its drainage system by outsiders. It shall also have the power to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees as may be required, prescribe their duties, and generally to perform such acts as shall be necessary to fully carry out the purposes of this act. The board and its agents and employees shall likewise have the right to enter upon any lands to make surveys, and may locate the necessary drainage canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. It shall have the right also to acquire on behalf of said district, by purchase or condemnation or other legal means, all lands and other property necessary for the construction, use, maintenance, repair, and improvement of said canal or canals, drains and works constructed (including canals, drains or drain ditches being constructed by private owners), and all necessary appurtenances. The value of the land or other property taken for use by the district shall be determined, if possible, by arbitration, the arbitrators to be selected in the usual manner, and if the owner thereof will not consent to arbitration, then by condemnation proceedings. In case of necessity for condemnation proceedings the board shall proceed in the corporate name of the district under the provisions of the law relating to eminent domain. The right of way without cost is hereby granted to any drainage district organized under this act over, along, and across any land owned by the State of Nevada. Sec. 2. Section 16 of the above-entitled act is hereby amended so as to read as follows: Section 16. The board of supervisors shall, on or before the first day of February of each year, prepare a statement and estimate of the amount of money to be raised by taxation within said district for the purposes of constructing canals, drains, drain ditches, and other works, and maintaining the same; paying the interest upon the bonded indebtedness of the district; creating a sinking fund for redeeming such bonds; and for the purpose of maintaining and repairing drainage canals, flumes, conduits, bridges, culverts and other works within said district; and for the management and control of such drainage system, and amount advanced by the county in which the district is situated in the creation of the district, and shall assess the entire amount needed in each year, including amount advanced by county, to be paid in a lump sum against all of the land within said district in proportion to the benefits resulting to each tract of land by the construction and maintenance of such drainage system; the said board of supervisors shall view each tract of land within the district, and shall carefully consider all the benefits that each particular tract of land will receive from the construction and maintenance of such drainage system, and assess each tract of land in accordance with the benefits received by it, but such assessment shall never exceed one dollar per acre per year on all cultivatable land within the district. |
Powers and duties
Board to levy assessments |
κ1917 Statutes of Nevada, Page 456 (CHAPTER 237)κ
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Limit of assessments
County commissioners to hear complaints against assessment
Board to give notice in newspaper |
and shall carefully consider all the benefits that each particular tract of land will receive from the construction and maintenance of such drainage system, and assess each tract of land in accordance with the benefits received by it, but such assessment shall never exceed one dollar per acre per year on all cultivatable land within the district. The term benefits shall be construed as applying equally to all tillable land within the drainage district. After such assessment is made up the secretary of the board of supervisors shall transmit the same to the board of county commissioners, and the board of county commissioners shall cause notice to be sent by mail to each land owner in the district of the amount of the tax assessed upon the land owned by him within the district; and stating therein the time and place when the board of county commissioners shall meet as a board of equalization to hear and determine complaints made against such assessments. The board of county commissioners shall meet during the month of March of each year at a time and place to be designated by it, to hear all complaints made against assessments made by it, at which meeting the board shall hear all complaints made, and after a full consideration thereof shall equalize and finally determine the assessments to be made and levied upon each tract of land within the district, and shall thereupon certify the same to the county auditor of the county within which such district is located; the county auditor shall enter the same in the tax-rolls of the county; and it shall be the duty of the county treasurer to collect such taxes at the time and in the same manner that the said county taxes are collected. Sec. 3. Section 20 of the above-entitled act is hereby amended so as to read as follows: Section 20. After adopting a plan of said drainage canal or canals, drains, drain ditches and works the board of supervisors shall proceed to give notice, by publication thereof, not less than twenty days, in at least one newspaper published or having a general circulation in each of the counties composing the district, and in such other publication as they may deem advisable, calling for bids for the construction of such work or of any portion thereof; if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board of supervisors and that the board of supervisors will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place appointed, and the same shall be opened in public, and as soon as convenient thereafter, the supervisors shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any and all bids, in which event the board of supervisors shall have the power to cause all necessary work to be done by contract approved by and under the supervision and control of said board of supervisors, said contract not to be effectual until ratified by the board of county commissioners. |
κ1917 Statutes of Nevada, Page 457 (CHAPTER 237)κ
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by contract approved by and under the supervision and control of said board of supervisors, said contract not to be effectual until ratified by the board of county commissioners. Contract for the purchase of material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board, payable to said district for its use, for 50 per cent of the amount of the contract price, conditioned for the faithful performance of said contract in accordance with its provisions. The work shall be done under the direction and to the satisfaction of the engineer, and to be approved by the board of supervisors. The supervisors shall not be interested, directly or indirectly, in any material furnished or contract awarded by the said board of supervisors; provided, by unanimous consent of the board of supervisors of the district it shall not be obligatory for said supervisors to call for bids, but they may employ day labor at current wage rates and purchase material at current prices for carrying out the drainage project. Sec. 4. Section 21 of the above-entitled act is hereby amended so as to read as follows: Section 21. The board of supervisors or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act. A debt or liability incurred in excess of express provisions shall be and remain absolutely void, except that for the purposes of organization or for the purposes of this act the board may, in payment of work already performed and material purchased to carry on the project and to procure a right of way, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate a sum equal to fifty per cent of the estimated cost of the work, and may cause the promissory notes of the district to issue therefor, at their face value without discount, bearing interest not exceeding seven per cent per annum, repayable from the proceeds of taxes or bonds. Sec. 5. Section 29 of the above-entitled act is hereby amended so as to read as follows: Section 29. The board of county commissioners shall have the right to use any part of the right of way of any public highway for the purposes of the work to be done; provided, such use will not permanently destroy or materially impair such public highway for public use, and if in the construction of said work any public highway or railroad or any part of the same will be benefited. Upon the report of the board of supervisors, the board of county commissioners may assess to such public road or railroad such sum or sums as will be just and equitable for such public road or railroad to pay in proportion to the benefits received, which shall be determined by estimating the amount of benefits to the entire district, including the benefits to such railroad or public road; and also the benefit to the railroad or the public road, then the fractional figures expressing the ratio between the sums of the benefits for the whole district and the sum found to be the benefit to the railroad or public road shall express the proportional part of the corporate taxes of the district to be paid by such railroad or public road as the case may be. |
Contracts awarded
Day labor, when
Incurring of debts limited
Public highways may be used for purposes of work proviso |
κ1917 Statutes of Nevada, Page 458 (CHAPTER 237)κ
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Railroads to pay in proportion to benefits received
Canal banks, when may be used for public highways |
shall be determined by estimating the amount of benefits to the entire district, including the benefits to such railroad or public road; and also the benefit to the railroad or the public road, then the fractional figures expressing the ratio between the sums of the benefits for the whole district and the sum found to be the benefit to the railroad or public road shall express the proportional part of the corporate taxes of the district to be paid by such railroad or public road as the case may be. Such proportional classification shall be subject to like review and appeals, as is provided for individual land owners. The amount of such road tax shall be paid out of the road tax of the district in which the public highway or part benefited lies. The banks of any drainage canal may be taken and used by the county as a public highway, but if taken by the county for such purpose the amount to be allowed the drainage district by the county for use of such banks as a public highway shall be settled by arbitration between the county and the district. |
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Relief of L. G. Couture |
Chap. 238An Act for the relief of L. G. Couture.
[Approved March 27, 1917]
Whereas, In the year 1889, the late Hon. C. C. Stevenson, then governor of the State of Nevada, duly appointed Dr. F. M. Biber commissioner of the worlds exposition at Paris in the republic of France, to attend said exposition then and there held, and as such commissioner to represent the interests of the State of Nevada thereat; and Whereas, Said Dr. F. M. Biber, commissioner as aforesaid, on the 22d day of May, 1889, by an instrument in writing, did duly appoint and commission L. G. Couture his assistant, authorizing him to take charge of the transportation of all articles of merchandise to be exhibited at said exposition and to look after and care for the interests of the State of Nevada at Paris in said republic of France; and Whereas, The said Dr. F. M. Biber did violate and neglect all his duties as such commissioner and the duties and responsibilities of said commission did actually devolve upon said L. G. Couture, in consequence of which said L. G. Couture did lay out and expend, necessarily, in the transportation of articles of merchandise entrusted to this state exhibition at said exposition of goods, wares and merchandise and ores sent from the State of Nevada to said exposition, and for rents, personal expenses and incidentals for the period of five months (the term of said exposition) the sum of fourteen hundred and eighty-six dollars; and Whereas, No sum of money has been paid to said L. G. Couture for his expenditures as aforesaid; now, therefore, |
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The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one thousand four hundred and eighty-six dollars is hereby appropriated, out of any money in the state treasury not otherwise appropriated, to pay the claim of L. G. Couture for moneys laid out and expended by him in behalf of the State of Nevada at the Paris exposition, and the state controller is hereby directed and required to draw his warrant in favor of L. G. Couture for the sum of one thousand four hundred and eighty-six dollars; and the state treasurer is hereby directed and required to pay said warrant out of the money in the state treasury not otherwise appropriated. |
Appropriation, $1,486 |
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Chap. 239An Act to provide for the protection and preservation of fish and game, providing penalties for the violation thereof, and repealing all acts or parts of acts in conflict herewith.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purposes specified in this act, the State of Nevada divided into separate and distinct districts for the protection of fish in waters of said districts. Sec. 2. District No. 1 shall consist of all the waters of the Truckee river lying west of the point commonly known and designated as the United States government reclamation dam in the vicinity of Derby, and extending to the boundary line of the State of Nevada and the State of California. Sec. 3. District No. 2 shall consist of the waters of the Truckee river and the waters to which it is tributary lying east of the point commonly known and designated as the United States reclamation dam in the vicinity of Derby. Sec. 4. District No. 3 shall consist of all the waters of Lake Tahoe in the State of Nevada and the tributaries thereto. Sec. 5. District No. 4 shall consist of all the waters of Pyramid lake. Sec. 6. District No. 5 shall consist of all the mountain streams, and all the lakes, rivers, and streams not already designated. Sec. 7. It shall be unlawful for any person, or persons, firm, company, or corporation to take, catch or kill, or attempt to take, catch or kill, any river trout, lake trout, or brook trout, white-fish, or land-locked salmon, catfish, or large-mouthed or small-mouthed black bass in or from any of the waters of the Truckee river district No. 1 between the first day of October of each year, and the fifteenth day of April of the following year, both dates being included. |
Protection of fish and game State divided into districts No. 1
No. 2
No. 3
No. 4 No. 5
Closed season in district No. 1 |
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In district No. 2
In district No. 3
In district No. 4
In district No. 5
Unlawful to pollute public waters |
Sec. 8. It shall be unlawful for any person or persons, firm, company or corporation to take, catch, kill, or attempt to take, catch, or kill any river trout, lake trout, or brook trout, white-fish, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass in or from any of the waters of the Truckee river district No. 2 between the sixteenth day of February of each year and the thirty-first day of March of the same year, both dates included. Sec. 9. It shall be unlawful for any person or persons, firm, company or corporation to take, catch, kill, or to attempt to take, catch or kill, any river trout, or brook trout, white-fish, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass, or rainbow trout, lock-laven, or any other trout in or from the waters described and designated in district No. 3 between the dates of the thirty-first day of October and the thirty-first day of May of the following year, both dates included. Sec. 10. It shall be unlawful for any person or persons, firm, company or corporation to take, catch, kill, or attempt to take, catch or kill, any river trout, lake trout, or brook trout, white-fish, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass in or from any of the waters of Pyramid lake, known as all the waters of district No. 4, between the dates of the sixteenth day of February and the thirtieth day of April of the same year, both dates included. Sec. 11. It shall be unlawful for any person or persons, firm, company or corporation to take, catch, kill, or attempt to take, catch or kill any river trout, lake trout, or brook trout, white-fish, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass, in or from the waters of district No. 5 between the dates of the first day of October of each year and the thirtieth day of April of the following year, both dates included. Sec. 12. Every person who places or allows to pass, or who places where it can pass or fall into or upon any of the waters of this state at any time, any lime, gas, tar, cocculus indicus, slag, acids, or other chemical, sawdust, shavings, slabs, edgings, mill, or factory refuse, or any substance deleterious to fish, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not less than two hundred and fifty nor more than five hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, for not less than one hundred and twenty-five days nor more than two hundred and fifty days; provided, that the provisions of this section shall not apply to mills or works for the reduction of ores, nor against the owners or operators of such mills or works so far as concerns the owners or operators of such mills or works. Sec. 13. All persons, firms, companies, associations, or corporations, who have erected, or who may hereafter erect, any dams, water weirs, or other obstructions to the free passage of fish in the rivers, streams, lakes, or other waters of the State of Nevada, shall construct and keep in repair fish-ways or fish-ladders at all such dams, water weirs, or other obstructions, so that at all seasons of the year, fish may ascend above such dams, water weirs, or other obstructions, to deposit their spawn. |
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corporations, who have erected, or who may hereafter erect, any dams, water weirs, or other obstructions to the free passage of fish in the rivers, streams, lakes, or other waters of the State of Nevada, shall construct and keep in repair fish-ways or fish-ladders at all such dams, water weirs, or other obstructions, so that at all seasons of the year, fish may ascend above such dams, water weirs, or other obstructions, to deposit their spawn. Sec. 14. Any person or persons who shall at any time, wilfully or knowingly destroy, injure, or obstruct any fish-way or fish-ladder, or any person or persons who shall at any time take or catch any fish in any manner within one hundred feet of any dam containing a fish-way or fish-ladder, which is required by law, shall be deemed guilty of a misdemeanor. Sec. 15. Any person, or community of persons, company, or corporation owning in whole or in part any canal, ditch, or any artificial watercourse, taking or receiving its waters from any river, creek, or lake, in which fish have been placed, or may exist, shall within 180 days after the approval of this act, place or cause to be placed, and shall maintain at the intake or inlet, of such canal, ditch, or watercourse, a reasonable grating, screen, or other device either stationary or operated mechanically, of such construction, fineness, strength, and quality, as shall prevent any fish from entering such canal, ditch, or watercourse. Sec. 16. It shall be unlawful for any person or persons, company, association, or corporation to at any time, transport or offer for transportation to any place outside of this state any lake, river, or brook trout or land-locked salmon, white-fish, black bass, or any other fish caught within the streams or lakes or rivers of this state. Sec. 17. It shall be unlawful for any person or persons, firm, company or corporation in the State of Nevada to buy, sell, or offer or expose for sale or to have in his, her, their or its possession, any river trout, lake trout, or brook trout, salmon, white-fish, or large-mouthed or small-mouthed black bass taken or caught from any waters of this state within the closed season specified in this act. Sec. 18. It shall be unlawful for any person or persons, firm, company or corporation to kill, or to retain in his, her, their, or its possession any lake trout, river trout, land-locked salmon, or royal chinook salmon, taken from the waters of this state less than seven inches in length; or any large-mouthed or small-mouthed black bass, Sacramento perch less than eight inches in length, or any red-spotted eastern brook trout less than six inches in length, saving and excepting fish produced in state or private fish hatcheries and then only in the manner and under the conditions in such cases made and provided by law. Sec. 19. It shall be unlawful for any person or persons, railroad, railway company or corporation, |
Fish-ways and ladders to be maintained
Destruction of same prohibited
Screens, etc., to be maintained in certain waterways
Unlawful to ship fish out of state
Unlawful to sell fish during closed season
Unlawful to take fish under certain length
Exception |
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Carriers prohibited from shipping more than 10 pounds of certain fish for one person in any one day
Ten trout may be taken
Packages must be easy of inspection
Shipment of spawn prohibited; exception
Catch limited to 10 pounds
Fishing prohibited within 100 feet of dam |
railroad, railway company or corporation, express company, stage line, transportation company, or any common carrier in the State of Nevada to accept or to receive for shipment or for transportation from any one person or in the name of any one firm, company, or association, in any one calendar day, more than ten pounds of trout, land-locked salmon, or royal chinook salmon, or of large-mouthed or small-mouthed black bass, taken or caught in or from any of the waters of the State of Nevada; provided, that nothing in this section shall be so construed as to prevent the shipment, or receipt, or acceptance, of ten trout on one calendar day from any single consignor, and it shall be unlawful for any person or persons, firm, company, association or corporation, transportation company, or common carrier to offer or present or to receive or accept for shipment, carriage or transportation any box, bundle, package, basket, or other container whatsoever in which are enclosed any of the fishes herein specified, unless the box, bundle, basket, or other container aforesaid shall be so wrapped, tied, or constructed that it shall be easily opened for inspection or examination, and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor and consignee; and false statement on the aforesaid label either as to the contents enclosed or as to the true name or address of the consignor thereof or of the consignee shall be construed as a violation of this act. Sec. 20. It shall be unlawful for any person or persons, railroad, railroad company, or corporation, express company, stage line, transportation company or any common carrier in the State of Nevada to accept or offer for transportation out of the state, any spawn taken within the state, unless with the expressed consent of the Nevada fish and game commission. Sec. 21. It shall be unlawful for any person or persons, firm, company, or corporation to take, catch, or kill from any of the waters of the State of Nevada or to have in his, her, their, or its possession on any one calendar day more than ten pounds of trout, or of land-locked salmon or royal chinook salmon, or large-mouthed or small-mouthed black bass, or Sacramento perch, or white-fish caught in the waters of this state; provided, that nothing in this act shall be so interpreted as to prevent or to prohibit the taking of the trout or salmon, or other fish specified in this act. Sec. 22. It shall be unlawful for any person or persons, firm, company, or association in the State of Nevada at any time to take, catch, or kill any lake trout, river trout, brook trout, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass, Sacramento perch, or any other species of fish whatever, within a distance of one hundred feet above or below any dam in this state containing a fish-way or fish-ladder. |
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Sec. 23. It shall be unlawful for any person, or persons, firm, company or corporation in the State of Nevada to take, catch, or kill or to attempt to take, catch or kill any lake trout, river trout, brook trout, land-locked salmon, royal chinook salmon, white-fish, large-mouthed or small-mouthed black bass, Sacramento perch, or any other fish of any species whatever, at any time or season whatever within a distance of one mile below any dam of the United States reclamation service containing a fish-way or fish-ladder, and lying within the State of Nevada. Sec. 24. It shall be unlawful for any person, or persons, firm, company or corporation in the State of Nevada to take, catch or kill or attempt to take, catch or kill any lake trout, river trout, or brook trout, land-locked salmon, royal chinook salmon, large-mouthed or small-mouthed black bass, Sacramento perch, or any other fish of any species whatever from any of the waters of the State of Nevada, on any calendar day after two hours after sunset, and on any calendar day before one hour before sunrise. Sec. 25. The fish and game commissioners of the State of Nevada, the members of the Nevada state police, and every fish or game warden throughout the state, and every sheriff and constable in his respective county is and are hereby authorized and required to enforce this act and to seize any game or fish taken or held in possession in violation of this act, and he or they shall have full power and authority and it shall be the duty of every such officer with or without a warrant, to open, enter or examine all camps, wagons, cars, automobiles, stages, tents, packs, warehouses, stores, outhouses, stables, barns, and other places, boxes, barrels, baskets and packages where he has reason to believe any fish taken or held in violation of any of the provisions of this act is or are to be found, and to seize the same; provided, that a dwelling-house actually occupied can be entered for examination only in pursuance of a warrant. Sec. 26. In case Indians or any other persons in the State of Nevada shall engage in the killing of trout or other fishes in violation of any of the provisions of this act, shall be in such numbers as to be beyond the reasonable power of any fish or game warden or the state fish and game commission to control, or in case of forcible resistance to the enforcement thereof, it shall be the duty of the sheriff or sheriffs of the county or counties where such, violation exists, upon the demand of such commissioners or any warden to aid him in the enforcement of this act, and to call to his assistance at once a sufficient number of persons to enforce the same promptly and effectually; or if by him deemed necessary, said commissioners or said warden may call such assistance without the intervention of the sheriff. The failure without good cause of any person or persons to respond and to render such assistance shall be deemed a violation of this act. |
Fishing prohibited within one mile below any U. S. dam
Night fishing illegal
Officers authorized to seize fish taken illegally
Officers may deputize any person in case of need |
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Various penalties named
Possession is prima facie evidence
Not to apply to private ponds, etc.
Not to prohibit taking for scientific purposes
Fishing to be with hook and line only
Explosives prohibited |
render such assistance shall be deemed a violation of this act. Sec. 27. Any person or persons, firm, company or corporation, association, or common carrier in this state, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor. It shall be no defense in a prosecution for violation of any of the provisions of this act that the trout or other fish in question were taken or killed outside the State of Nevada. Possession shall be prima facie evidence that the fish were taken from within the state. Nor shall it be any defense in any prosecution for violation of any of the provisions of this act that the trout or fish were taken or killed by one other than he in whose possession said trout or other fish were found. The act of passing a line into or on any of the waters of the State of Nevada, as though in the act of fishing, shall be in itself sufficient evidence of any attempt to take or catch fish within the meaning of this act. The presence in or on the body in flank, back, or belly of any of the fishes herein specified of deep incised wounds or cuts such as are made by spears, grab-hooks, trout-hooks, or snag-hooks, shall be construed as in itself sufficient evidence that the said fish were taken in violation of the provisions of this act. Sec. 28. Nothing in this act shall be construed as to prohibit the taking of trout or other fish, by the rightful owners thereof or by their agents in any manner, at any season whatever, from the waters of private ponds by them constructed or maintained for the purpose of raising trout or other fishes; nor to prohibit the sale of trout or other fishes or of their fry or ova from private hatcheries lying wholly or in part within the State of Nevada. Sec. 29. Nothing in this act shall so be construed as to hinder or to prevent or prohibit the taking of trout or of other fishes or of their fry, eggs or ova, at any time, in any manner or by any means or in any suitable place or location by the Nevada fish and game commission or by their agents or by any one whom they may authorize, for the purposes of breeding or propagation, or of scientific study or investigation. Sec. 30. It shall be unlawful for any person or persons, firm, company or corporation to take, catch or kill, or to attempt to take, catch or kill, in or from any stream, lake or river, or any waters of the State of Nevada, any trout, salmon or white-fish, bass, perch, catfish or any other fish of any species whatever with any seine, net, spear, set-line, set-hooks, grab-hooks, trot-line, or snag-line, or in any manner known as snagging, or with any weir-fence, trap, giant powder or any other explosive, or explosive compound, or with or by means of any bait constituted or prepared in whole or in part of or from the spawn, eggs, or ova of trout, salmon or of any other species of fish whatever except with hook and line attached to a rod held in the hands and in the manner known as angling; that is, with baited hook, fly-hook, spoon-hook, or other anglers lure. |
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hook and line attached to a rod held in the hands and in the manner known as angling; that is, with baited hook, fly-hook, spoon-hook, or other anglers lure. Sec. 31. Any person violating any of the provisions of this act, or any section thereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than fifty dollars nor more than two hundred and fifty dollars; or by imprisonment in the county jail for a term of not less than twenty-five days nor more than one hundred and twenty-five days, or by both such fine and imprisonment. Sec. 32. The board of county commissioners of the several counties of this state, each within its own county, are hereby authorized to extend by special ordinance the closed season for fishing in any streams or parts of streams, lakes, or waters within their county which are now or hereafter shall have been stocked with food fish by the state or its fish commissioners, and authorized jointly to state a period as may, in their opinion, be required for the protection of the fish in said streams and waters to the end that the supply of fish for food may be permanently increased; provided, however, that before any said special ordinance so passed by any board of county commissioners shall be effective, it shall have been published by order of the board of county commissioners for at least once each week for four consecutive weeks in a newspaper published and of general circulation in the county where there are any streams, parts of streams, lakes, or waters in or from which the open season for taking or catching fish is to be restricted, and shall state the period over which the closed season is to extend, giving the names of the streams, parts of streams, lakes or waters, and copies of said ordinance shall have been posted in at least four conspicuous places along any streams, parts of streams, lakes, or waters in or from which the open season for taking or catching fish is to be restricted. Sec. 33. Any person who shall violate the provisions of said order of the board of county commissioners shall be guilty of a misdemeanor, and shall be fined not less than fifty ($50) dollars, nor more than two hundred and fifty ($250) dollars, or imprisoned in the county jail not less than twenty-five (25) days, nor more than one hundred and twenty-five (125) days, or by both such fine and imprisonment, in the discretion of the court. Sec. 34. It shall be unlawful for any person or persons, firm, company, corporation, or association, to kill, catch, destroy, wound, snare, trap, injure, or pursue with attempt to catch, capture, injure, or destroy any bluebird, thrush, mocking-bird, oriole, humming-bird, or swan, robin, meadowlark, or any insectivorous, plume, or song bird within this state. Sec. 35. It shall be unlawful for any person or persons, firm, company, corporation, or association to kill, destroy, wound, trap, net, weir, injure, or pursue with the attempt to kill, capture, injure, or destroy any pheasant within this state before the first day of September, 1920. |
General penalties
County commissioners may extend closed season by special ordinance
Must be published in newspaper
Penalties for violation of county ordinance
Certain birds protected at all times
Pheasants until 1920 |
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Grouse and mountain quail until 1922
Closed season for sage-hens and sage-cocks
Closed season for game birds
To conform to U. S. regulations
County commissioners may regulate season for doves and valley quail
Nests and eggs protected
Shotgun larger than No. 10 gage prohibited
Mountain sheep, elk and antelope protected until 1930
Deer; may take only one per open season |
wound, trap, net, weir, injure, or pursue with the attempt to kill, capture, injure, or destroy any pheasant within this state before the first day of September, 1920. Sec. 36. It shall be unlawful for any person or persons, firm, company, corporation, or association, within this state, to kill, catch, trap, net, pound, weir, wound, or pursue, with attempt to catch, capture, injure, or destroy any grouse or mountain quail before the first day of September, 1922. Sec. 36 1/2. It shall be unlawful for any person or persons, firm, company, corporation, or association, within this state, to kill, catch, trap, net, pound, weir, wound, or pursue with intent to catch, capture, injure or destroy any sage-hen or sage-cock before the fifteenth day of July or after the first day of September of each and every year. Sec. 37. It shall be unlawful for any person or persons, firm, company, corporation, or association, at any time from January 16 and before October 1 of each and every year, to kill, catch, net, cage, pound, weir, trap, or pursue with attempt to catch, capture, injure or destroy any wild duck, sandhill crane, plover, curlew, snipe, woodcock, geese, brants, prairie chicken within this state; provided, however, that the open season on the migratory game birds named in this section shall always automatically change so as to conform to the Regulations for the Protection of Migratory Birds, as they shall hereafter be prescribed by the U. S. Department of Agriculture, Bureau of Biological Survey. Sec. 38. The board of county commissioners of the several counties, with the approval of the state fish and game warden, may declare the open or closed season on valley quail and doves, and may regulate the number of same to be killed in any one day. Sec. 39. It shall be unlawful at any and all times of the year for any person or persons, firm, company, corporation, or association, to destroy, injure, or remove the nest or eggs of any of the birds mentioned in this act. Sec. 40. It shall be unlawful in this state for any person or persons to use at any time a shotgun of a larger gage than that commonly known and designated as a number ten gage. Sec. 41. It shall be unlawful at all times to kill, injure, or maim any mountain sheep or goats, elk, or antelope until January 1, 1930. Sec. 42. It shall be unlawful for any person or persons firm, company, corporation or associations within the state to kill, catch, trap, net, pound, weir, wound or pursue with the attempt to catch, capture, injure or destroy any deer, between the fifteenth day of November and the fifteenth day of October of each succeeding year; and during the time of the open season it shall be unlawful for any person or persons, firm, company, corporation or association within this state to kill, catch, trap, wound, or pursue with an intent to catch, trap, injure or destroy any number of deer exceeding one deer for the open season of any one year. |
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to catch, trap, injure or destroy any number of deer exceeding one deer for the open season of any one year. Sec. 43. It shall be unlawful to kill, catch, trap, wound or pursue with attempt to catch, injure, kill or destroy any fawn at any time. Sec. 44. It shall be unlawful for any person or persons, firm, company or association to have in their possession any deer or antelope during any time of the year other than during that time herein designated as the open season. Sec. 45. It is hereby made unlawful for any person at any time to kill, catch, trap, net, impound, weir, wound, or pursue with intent to catch, capture, injure, or destroy any wild ducks or wild geese or mountain quail or valley quail during the hours included between sunset and sunrise, the same to be considered according to government time reports. Sec. 46. It shall be unlawful for any person or persons, firm, company, corporation, or association, at any time of the year to hunt, chase, pursue, catch, or kill, any deer, antelope, caribou, elk, mountain sheep, or mountain goat, with or by the use or aid of any hound or hounds. Sec. 47. It is hereby made unlawful for any person to sell, or offer for sale, or to attempt to sell, or barter any wild ducks, wild geese, prairie chicken, mountain quail, sage-hen, grouse, valley quail, plover, or snipe. It shall be unlawful for any person or persons to purchase such game for the purpose of barter or sale, and it shall also be unlawful for any person to kill or have in his possession a greater number than fifteen ducks, ten sage-hen or sage-cock, fifteen snipe in one day; five geese or five brants in any one day. Sec. 48. Every railroad company, express company, transportation company, or any other common carrier, their officers, agents and servants, and every other person who shall transport, carry, or take out of this state, or who shall receive for the purpose of transporting or carrying from this state any deer, buck, doe, or fawn, or any mountain sheep, or antelope, or any quail, sage chicken, prairie chicken, grouse, wild duck, or goose, or any other bird or animal mentioned in this act, shall be guilty of a misdemeanor. Sec. 49. Any person or persons, company, corporation, or association, or common carrier violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than $50 nor more than $500, or imprisonment in the county jail in the county in which said conviction is had for any term not exceeding six months, or by both such fine and imprisonment. It shall be no defense in the prosecution for the violation of any of the provisions of this act, that the animals or birds were taken or killed outside the State of Nevada; nor shall it be any defense in the prosecution of the violation of any of the provisions of this act that the animals or birds were taken or killed by one other than he in whose possession said animals or birds were found; for possession shall be prima facie evidence that the game was taken within the confines of the state. |
Fawn always protected
Unlawful to have in possession
Certain hunting prohibited at night
Use of hounds prohibited
Barter or sale of game unlawful
Takes limited
Common carriers forbidden to take game out of state
Penalties named
Certain excuses no defense |
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County commissioners may extend closed season
Open season never lengthened
Intrastate shipments allowed, when
Beaver protected until 1920
Common carriers prohibited from exporting
Exception
Penalties
Barter or sale of game birds prohibited |
that the animals or birds were taken or killed by one other than he in whose possession said animals or birds were found; for possession shall be prima facie evidence that the game was taken within the confines of the state. Sec. 50. Should it be deemed advisable by a board of county commissioners for any county within this state to lengthen or extend the time of the close season for any specie of game mentioned in this act, the said board of county commissioners, acting for their respective county, may, after first making application for and receiving the written authority of the state fish and game warden by special ordinance extend such close season; provided, however, that in no event shall the county commissioners or any organization of men within this state extend the open season or shorten the close season for any specie of game whatsoever. Nothing in this act shall be so construed as to prohibit any person (upon written permit of the governor of the state) from taking or killing any bird or fowl, or collecting the nest and eggs of the same for strictly scientific purposes; nor be so construed as to prohibit any person at any time from trapping any bird or fowl in any county in this state, upon a written permit of the game warden or chairman of the board of county commissioners of such county, for the purpose of shipping such bird or fowl into another county in this state for the purposes of propagation, the number of birds or fowls to be so shipped to be limited by said game warden or chairman. Sec. 51. It shall be unlawful for any person or persons, firm, company, corporation or association to catch, kill, destroy, trap, net, weir or cage any beaver in this state on or before the first day of January, 1920. Sec. 52. Every railroad company, express company, transportation company, or other common carrier, their officers, agents and servants, and every other person who shall transport, carry or take out of this state, or who shall receive for the purpose of transportation from the state any deer, buck, doe or fawn, or any mountain sheep, or antelope, wild duck or goose, except for purposes of propagation, shall be guilty of a misdemeanor. Any person found guilty of a violation of any of the provisions of this section shall be fined in a sum of not less than twenty ($20) dollars nor more than five hundred ($500) dollars, or be imprisoned in the county jail not less than twenty-five days nor more than one hundred days, or by both such fine and imprisonment. Sec. 53. Every person who buys, sells or offers to sell or exposes for sale, barter or trade, any wild duck, wild goose, partridge, quail, grouse, pheasant, sage-hen, rail, ibis, plover or any variety of snipe or shore bird, meadow-lark or robin shall be guilty of a misdemeanor. |
κ1917 Statutes of Nevada, Page 469 (CHAPTER 239)κ
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Sec. 54. Every person who sells or offers for sale or trade or barter any deer meat or antelope meat is guilty of a misdemeanor. Sec. 55. Every person violating any of the provisions of this act for which violation a penalty is not otherwise provided in this act shall, upon conviction thereof, be punished by a fine of not less than fifty ($50) dollars nor more than two hundred and fifty ($250) dollars, or by imprisonment in the county jail for a term of not less than twenty-five days nor more than one hundred and twenty-five days, or by both such fine and imprisonment. Sec. 56. It shall be unlawful for any person or persons, firm, company, corporation or association to kill, destroy, wound, trap, injure, keep in captivity, or in any other manner to catch or capture, or to pursue with such intent the bird known as the American eagle, or to take, injure or destroy the nest or eggs of said before-mentioned bird. Any person or persons, firm, company, corporation or association violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine in any sum not less than twenty-five dollars nor more than two hundred dollars, or imprisonment in the county jail for any term not exceeding six months, or both. Sec. 57. Every person who shall kill or destroy the eggs of any wild canary, wren, linnet, thrush, robin, bluebird, oriole, humming-bird, meadow-lark, snowbird, or other song, plume or insectivorous bird is guilty of a misdemeanor. This section shall not apply to English sparrows, the killing of which is authorized. Sec. 58. If in connection with any prosecution for violation of any of the provisions of this act, or in any other way any section of this act shall be hereafter adjudged unconstitutional or inoperative, or invalid, and of no force and effect, then the unconstitutionality, invalidity, or inefficiency of said section shall not extend to any other section or sections of this act, which are not so adjudged unconstitutional, inoperative, invalid, or inefficient, nor to the constitutional validity or the force and effect of the entire act. Sec. 59. Every person in the State of Nevada who hunts or kills any of the wild birds or animals, or who takes or catches any of the fishes that are protected by the laws of this state without first procuring a license therefor, as provided in this act, is guilty of a misdemeanor. Sec. 60. Licenses granting the privilege to hunt, pursue or kill wild birds or animals, or to take or catch fish during the open season as fixed by law shall be issued and delivered, upon application, by the county clerk of any of the counties of this state, or by the state fish and game warden, or the deputy state or county fish and game warden of any of the counties of the state, which licenses shall have written thereon the words: |
Sale of deer meat prohibited General penalties for violation of act
American eagle protected at all times
Penalty
Destruction of eggs a misdemeanor
English sparrows not protected Each section of act independent and separate
Fishing licenses must be procured
Licenses, where procured |
κ1917 Statutes of Nevada, Page 470 (CHAPTER 239)κ
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Form of license
Rates for licenses
No hunting licenses for foreigners $15 for market fishermen
Requirements for license
Licenses for one year only
Apportionment of license money |
the counties of the state, which licenses shall have written thereon the words:
Expires December 31, 191 . State of Nevada, County of
Anglers License-Hunting License
Name....................................................................................................................................... Age............................... Height..................................... Eyes, color................................. Hair, color......................................... Residence.............................................................................................................................. The holder of this license hereby agrees to exhibit any game or fish in my possession to any regularly appointed deputy fish and game commissioner upon demand. Owners signature.................................................................................................. No Date issued Not transferable. Sec. 61. The licenses shall be issued as follows: First-To any citizen of the United States, who is a bona fide resident of the State of Nevada, upon the payment of one ($1) dollar for a fishing license and one ($1) dollar for a hunting license. Second-To any citizen of the United States, not a bona fide resident, upon the payment of five ($5) dollars for a fishing license, or five ($5) dollars for a hunting license. Third-To any person not a citizen of the United States, upon the payment of fifteen ($15) dollars for a fishing license. In no case shall a hunting license be issued to any such person not a citizen of the United States. Fourth-A license of fifteen ($15) dollars shall be charged to any one engaged in market fishing. Sec. 62. Every person applying for and procuring a license, as herein provided, shall give to the county clerk his name and resident address, which information shall be by the clerk or board entered in a book kept for that purpose, and provided by said board of county commissioners, together with a statement of the date of issuance, the number of licenses issued to such person and description of such person, by age, height, race, and color of the eyes and hair. The county clerk shall give a duplicate of the above descriptive matter to the state game and fish warden. Sec. 63. All licenses issued as herein provided shall be valid, and shall authorize the person to whom issued to hunt, pursue, and kill game birds and animals and to take or catch fish during the open season fixed therefor by law, on and from the day of paying the license until the date of expiration printed thereon. No license shall be given for a period longer than one year. Sec. 64. All money collected for licenses as provided herein, shall be apportioned as follows: Two-thirds, or sixty-six and two-thirds per cent, of the money collected, shall be paid into the county treasury of the county where the license is collected, to be applied to the credit of the game and fish preservation fund, |
κ1917 Statutes of Nevada, Page 471 (CHAPTER 239)κ
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and fish preservation fund, which fund is hereby created, and the money of said fund shall be applied to the payment of the expenses incurred in the prosecution of offenders, and for the revenue to pay fish and game wardens and deputies, when necessary to hire deputy fish and game warden, or wardens, and for revenue to pay for the importation and propagation of wild birds; one-third, or thirty-three and one-third per cent, of the money collected, shall be paid into the state treasury to be applied to the credit of the state fish and game warden fund, which fund is hereby created, and the money of said fund shall be applied for the revenue of the salary to be paid to the state fish and game warden and for his necessary expenses. Sec. 65. Not more than two licenses shall be issued to any one person for the same fiscal year, except upon an affidavit by the applicant that either one issued has been lost or destroyed, and no licenses as herein provided shall be transferable or used by any other person than the one to whom they were issued. Sec. 66. Every person having licenses as provided herein, who while hunting or fishing refuses to exhibit such licenses upon the demand of any officer authorized to enforce the fish and game laws of the state, or any other peace officer of the state, shall be guilty of a misdemeanor, and every person lawfully having said licenses, who transfers or disposes of the same to another person to be used as a hunting or fishing license, shall forfeit the same. Sec. 67. There is hereby appropriated, out of any moneys in the county treasury of each county of the state not otherwise appropriated, the sum of seventy-five dollars for the purpose of carrying out the provisions of this act, to be used by the board of county commissioners for the printing and binding of suitable books and blanks required herein, and for the purchase of licenses. The auditor of each county of the state is hereby directed to draw his warrant for said amount in favor of said board of county commissioners at such times and in such amounts as may be needed from time to time, and the treasurer of each county of the state is hereby directed to pay the same. Sec. 68. The provisions of this act shall not apply to any person who, on his own land, during the open season, hunts, pursues or kills any of the wild birds or animals, or takes or catches any of the fish protected by the laws of this state, nor to girls or to boys under fourteen years of age. Sec. 69. The licenses herein provided for shall be procured from any county of the state and may be used in any county in the State of Nevada. Nonresidents of the state may procure licenses in any county. Sec. 70. All acts and parts of acts in conflict with any of the provisions of this act are hereby repealed. |
Apportionment of license money
No more than two licenses in any one year; not transferable
License must be shown to officer
County appropriations ordered
Owner may hunt on own land without licenses; also girls, and boys under 14 Nonresidents may procure license in any county Repeal |
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κ1917 Statutes of Nevada, Page 472κ
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Governor to appoint three fish and game commissioners
Commissioners to establish hatcheries and stock streams of state
Hold office for four years
Biennial report
State fish and game warden |
Chap. 240An Act to provide a board of fish and game commissioners, defining their duties and powers; providing for a state fish and game warden and deputies; providing for the use and distribution of fish and game licenses, and other matters relating thereto, and repealing all acts in conflict herewith.
[Approved March 27, 1917]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The governor of this state is hereby authorized and empowered to appoint three suitable persons to be styled Fish and Game Commissioners, whose duty shall be to establish fish hatcheries, in localities suitable to their hatching, upon such of the waters of this state as, in their judgment, shall be most available for the purpose of stocking and supplying the streams and lakes of this state with both foreign and native fish; and for such purpose may take the ova or spawn from fish now inhabiting the waters of the state; and may purchase and import from other states and countries spawn or ova of valuable fish, suitable for food, and may introduce the same, when obtained, into such rivers, streams and lakes as they may deem suited to the habits and successful culture of such fish. They may also employ persons who are skilful and expert in the science of fish-breeding, and may superintend and direct the construction of fish-ways and fish-ladders that may be built in the streams and waters of this state. The commissioners may, in their discretion, distribute the ova or spawn to be procured by them to such person or persons as have proper lakes, ponds or streams for the propagation and breeding of fish, and who will, without expense to the state, take charge of such breeding and propagation. Sec. 2. Such commissioners shall hold their respective offices for the term of four years, unless some other person shall be appointed to fill the vacancy occasioned by death, resignation or inability to attend to the duties required. The commissioners authorized to be appointed by this act shall receive no compensation for their services. The necessary expenses incidental to procuring and distributing the ova or spawn or fish, in the employment of fish breeders, and in carrying out the provisions of this act, shall be paid from any moneys that may be appropriated by the legislature, upon accounts or vouchers to be approved by the state board of examiners. The commissioners shall report biennially to the governor an account of their transactions under this act, and make an exhibit of their expenditure of money under its provisions. Sec. 3. The governor shall appoint a state fish and game warden, whose duties shall be to carry out and inforce all the fish and game laws and the prosecution of any violation of this act. |
κ1917 Statutes of Nevada, Page 473 (CHAPTER 240)κ
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act. The state fish and game warden may appoint a deputy or deputies of the different counties with the consent or recommendation of the county commissioners. The state fish and game warden can, at any time, ask for the resignation of the deputy or deputies so appointed if, in his judgment, the duties of the office in that particular county are not being properly attended to, and may, with recommendation of the county commissioners, appoint another deputy to fill the office of the one just removed. The salary of the said deputy fish and game warden shall be not more than one hundred dollars nor less than twenty dollars per month. Said warden shall be allowed a sum not to exceed twenty-five dollars per month for expenses incurred by him in the performance of his duties. The said county fish and game warden shall report quarterly to the state fish and game warden, giving a detailed statement of all arrests made, convictions had, fines collected, and generally in regard to the management of his office. Such reports shall be kept by the state fish and game warden, who biennially shall report the same to the state fish and game commission and the governor for statistical purposes. Sec. 4. The board of capitol commissioners shall provide a suitable office in the capitol building for the state fish game warden, where he shall keep all papers and records of all transactions, and books pertaining to his office as state fish and game warden. Sec. 5. It shall be the duty of the state fish and game warden to see that the county or deputy fish and game wardens shall inforce and cause the prosecution of violation of the fish and game act, that they shall prevent any violations of the license act, and that they shall carry out their several duties to the best interest for the protection of the fish and game in their respective counties. It shall also be his duty to assist the county or deputy fish and game warden in the stocking of the various streams, lakes and rivers of the state with fish and that they be handled in such a way as to conserve the greatest number of them. Sec. 6. The state fish and game warden shall receive a salary and salary of eighteen hundred dollars per year for his services, payable in regular monthly payments. He shall also receive traveling expenses and other necessary expenses while traveling about the state, but in no case shall such expenses so allowed exceed the amount of twelve hundred dollars in any one year. Sec. 7. The state fish and game warden shall hold office for a period of four years; provided, however, that the governor can remove him at any time for good and substantial reasons. Sec. 8. All money or moneys paid as salary and expenses for the conducting of the office of state fish and game warden shall be paid from any and all moneys that are obtained from the sale of fish and game licenses throughout the several counties, and shall be made payable to the state fish and game warden upon accounts or vouchers to be approved by the state board of examiners. |
County deputies
Salaries and expenses
To report quarterly to state warden
Office of state warden at capitol
Duties of state warden
Salary and expenses of state warden
Term of office; proviso
Salary and expenses paid by money from licenses |
κ1917 Statutes of Nevada, Page 474 (CHAPTER 240)κ
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Residue for buying additional fish and game
State warden may accept railroad passes
Certain act repealed
Proviso |
from the sale of fish and game licenses throughout the several counties, and shall be made payable to the state fish and game warden upon accounts or vouchers to be approved by the state board of examiners. Any money or moneys remaining in the state fish and game fund after the paying of all salaries and all expenses incident to the maintaining of the office of state fish and game warden may be used for the buying of additional fish or game, with the approval of the United States biological survey, the same to be distributed to the deputy game and fish wardens in the various counties. Sec. 9. The state fish and game warden may accept transportation on any of the railroads operating in this state. Sec. 10. That certain act entitled An act to provide for the appointment of a board of fish commissioners and to define their duties, approved March 16, 1905, is hereby repealed; provided, however, that all just debts now incurred by the board of Fish Commissioners created under said act shall be audited, allowed and approved as are other claims against the state and paid out of any fund which may be provided by the legislature to carry out the provisions of this act. |
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