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κ1919 Statutes of Nevada, Page 321 (CHAPTER 178)κ

 

designated, to be by him kept until the trial or final discharge of the offender, and shall send a copy of such order, without delay, to the district attorney of the county. The officer or person so named and designated in such order shall immediately thereupon assume such custody, and shall retain the same for the purpose of evidence upon such trial, subject to the order of the court before which such offender may be required to appear, until his final discharge or conviction. Upon the conviction of such offender, the animals, implements, or other property, shall be adjudged by the court to be forfeited. In the event of the acquittal or final discharge, without conviction, of such offender, said court shall, on demand, direct the delivery of the property so held in custody to the owner thereof.

      Sec. 6.  Overdriving, Torturing and Injuring Animals; Failing to Provide Proper Sustenance.  A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers an act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor.

      Nothing herein contained shall be construed to prohibit or interfere with any properly conducted scientific experiments or investigations, which experiments shall be performed only under the authority of the faculty of some regularly incorporated medical college or university of this state.

      Sec. 7.  Abandonment of Disabled Animal.  A person being the owner or possessor, or having charge or custody of a maimed, diseased, disabled or infirm animal, who abandons such animal or leaves it to die in a public street, road or public place, or who allows it to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled, is guilty of a misdemeanor. Any agent or officer of any society for the prevention of cruelty to animals, or of any society duly incorporated for that purpose, or any police officer, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing, in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered, injured or diseased past recovery for any useful purpose; or after such agent or officer has obtained in writing from the owner of such animal his consent to such destruction. When any person arrested is, at the time of such arrest, in charge of any animal or of any vehicle drawn by or containing any animal, any agent or officer of said society or societies or any police officer may take charge of such animal and of such vehicle and its contents and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a charge thereon.

Disposition of such animals and property

 

 

 

 

 

 

 

 

 

Torture, etc., of animals a misdemeanor

 

 

 

 

 

 

 

 

 

 

 

Abandonment of disabled animal a misdemeanor


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κ1919 Statutes of Nevada, Page 322 (CHAPTER 178)κ

 

 

 

 

 

 

Starvation of impounded animals a misdemeanor

 

 

 

 

 

 

 

 

 

Selling, etc., of diseased animal a misdemeanor

 

 

 

 

 

Unlawful to sell diseased horse

 

Distribution of poison a felony

society or societies or any police officer may take charge of such animal and of such vehicle and its contents and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a charge thereon.

      Sec. 8.  Failure to Provide Proper Food and Drink to Impounded Animal.  A person who, having impounded or confined any animal, refuses or neglects to supply to such animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water, is guilty of a misdemeanor. In case any animal shall be at any time impounded as aforesaid, and shall continue to be without necessary food and water for more than twelve successive hours, it shall be lawful for any person from time to time, and as often as it shall be necessary, to enter into and upon any pound in which any such animal shall be so confined and to supply it with necessary food and water, so long as it shall remain so confined; such person shall not be liable to any action for such entry, and the reasonable cost of such food and water may be collected by him of the owner of such animal, and the said animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor.

      Sec. 9.  Selling or Offering to Sell or Exposing Diseased Animal.  A person who wilfully sells or offers to sell, uses, exposes, or causes or permits to be sold, offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the life or health of human beings, or animals, or which is diseased past recovery, or who refuses upon demand to deprive of life an animal affected with any such disease, is guilty of a misdemeanor.

      Sec. 10.  Selling Disabled Horses.  It shall be unlawful for any person to sell any horse which, by reason of disease, could not be worked in this state without violating the law against cruelty to animals.

      Sec. 11.  Poisoning or Attempting to Poison Animals.  A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by a horse, mule or by domestic cattle, whether such horse, mule or domestic cattle be the property of himself or another, is guilty of a felony. A person who unjustifiably administers any poisonous or noxious drug or substance to any animal other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal other than a horse, mule or domestic cattle, whether such animal be the property of himself or another, is guilty of a misdemeanor; provided, that nothing in this act shall be construed so as to prevent the destruction of noxious animals.


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κ1919 Statutes of Nevada, Page 323 (CHAPTER 178)κ

 

of a misdemeanor; provided, that nothing in this act shall be construed so as to prevent the destruction of noxious animals.

      Sec. 12.  Throwing Substance Injurious to Animals in Public Place.  A person who wilfully throws, drops or places, or causes to be thrown, dropped or placed upon any road, highway, street or public place, any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal, is guilty of a misdemeanor.

      Sec. 13.  Keeping Milch Cows in Unhealthy Places and Feeding Them with Food Producing Unwholesome Milk.  A person who keeps a cow or any animal for the production of milk, in a crowded or unhealthy place, or in a diseased condition, or feeds such cow or animal upon any food that produces impure or unwholesome milk, is guilty of a misdemeanor.

      Sec. 14.  Transporting Animals for More Than Twenty-Eight Consecutive Hours Without Unloading.  A railway corporation, or an owner, agent, consignee, or person in charge of any horses, sheep, cattle or swine, in the course of or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty-eight consecutive hours, without unloading for rest, water and feeding during five consecutive hours, unless prevented by storm or inevitable accident, is guilty of a misdemeanor. In estimating such confinement, the time during which the animals have been confined without rest on connecting roads from which they are received, must be computed; provided, the time of confinement prescribed in this act may be extended to thirty-six hours upon the written request of the owner or the person in custody of a particular shipment of live stock, which written request shall be separate and apart from any printed bill of lading, or other railroad form, which request for extension of time shall be made to the conductor of train, agent, or other authorized agent of the railroad company over which said stock is being transported.

      Sec. 15.  Running Horses on Highway.  A person driving any vehicle upon any plank road, turnpike or public highway, who unjustifiably runs the horses drawing the same, or causes or permits them to run, is guilty of a misdemeanor.

      Sec. 16.  Carrying Animal in Cruel Manner.  A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor.

      Sec. 17.  Sections numbered 482 and 550 of that certain act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, being sections numbered 6747 and 6815, respectively, of the Revised Laws of Nevada, 1912, are hereby repealed.

Exception as to noxious animals

Misdemeanor to distribute glass, etc., in public places

 

 

 

Misdemeanor to feed milch cows improper food

 

 

Animals in transit to be fed and watered

 

 

 

 

 

Proviso

 

 

 

 

 

Fast driving of horses a misdemeanor

 

Misdemeanor to carry animal cruelly

 

Certain sections of act named repealed

 

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κ1919 Statutes of Nevada, Page 324κ

CHAPTER 179

 

 

 

 

 

 

 

 

 

Salaries of Douglas County officers

 

Sheriff

 

 

 

 

 

 

 

Salary includes expenses

 

 

 

Salary as assessor

 

 

 

 

 

Clerk

Chap. 179–An Act fixing the salaries and compensation of certain officers of Douglas County, State of Nevada, and matters properly relating thereto and repealing all acts in conflict therewith.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after April 1, 1919, the county officers of Douglas County, State of Nevada, named in this act, shall receive the following salaries in full compensation for all services rendered by them:

      The sheriff, for services as sheriff, shall receive the sum of fifteen hundred dollars ($1,500) per annum, payable in twelve monthly installments, which shall be in full and for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; said sheriff may appoint a deputy or deputies at his own expense to assist him in the duties of the office; provided further, that said salary includes all traveling and other expenses in the county, and said sheriff shall personally pay all traveling and other expenses of himself and deputies when traveling on official business in Douglas County; said sum being in full compensation for all services now imposed or to be imposed by law on said sheriff, and all fees and commissions collected or due him for services rendered as such officer shall be paid into the county treasury for the county. The sheriff, as ex officio county assessor, shall receive the sum of eighteen hundred dollars ($1,800) per annum, payable in twelve equal monthly installments. All fees, commissions, or moneys due and payable said officer shall be collected by him and paid into the county treasury monthly; said sum of eighteen hundred dollars ($1,800) being full and complete compensation for all services rendered and for all traveling expenses as such officer.

      The county clerk for services as county clerk shall receive the sum of twelve hundred dollars ($1,200) per annum, and for services as ex officio county treasurer the sum of twelve hundred dollars ($1,200) per annum, payable in twelve equal monthly installments, which shall be full and complete compensation for all services rendered as such county clerk and ex officio county treasurer. The said clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the board of county commissioners; said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.


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κ1919 Statutes of Nevada, Page 325 (CHAPTER 179)κ

 

or paid to said officer for any month unless said statement has been so made and filed with the board of county commissioners; said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

      The district attorney for services as district attorney shall receive the sum of fifteen hundred dollars ($1,500) per annum, payable in twelve equal monthly installments, in full and complete compensation for all services as district attorney, and all fees and commissions due and collected by him shall be paid into the county treasury; provided further, that said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in said county, and also attend to and be the legal adviser for said county; said salary to be in full compensation for all services and traveling expenses within said county while on official business.

      The above salaries shall be in full compensation for all services and ex officio services to be performed by the above-named officers, both civil and criminal, and said officers shall collect all money and moneys due as fees, commissions, or otherwise and pay the same into the county treasury, said salaries so fixed being in full for all services, and said officers shall receive no further or other compensation for such services.

      Sec. 2.  This act shall take effect from and after April 1, 1919.

 

 

 

 

 

District attorney

 

 

 

 

 

 

 

All salaries full compensation

 

 

 

 

In effect April 1, 1919

 

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CHAPTER 180

Chap. 180–An Act providing for the purchase by the board of county commissioners of Elko County, Nevada, of the buildings and real estate of the Nevada school of industry, upon certain terms and conditions.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of government of the Nevada school of industry is hereby authorized and empowered to negotiate with the county commissioners of Elko County, Nevada, for the purchase, by said board of county commissioners, of the real estate and buildings belonging to the said Nevada school of industry.

      Sec. 2.  The basis for such negotiation shall be the providing by said board of county commissioners for said Nevada school of industry of buildings, and site therefor, and farm, of not less than forty acres, with good water rights, in some other portion of said Elko County, which building and farm shall be mutually agreeable to the contracting boards.

 

 

 

 

 

 

 

 

 

Buildings of Nevada school of industry may be sold to Elko County

 

Basis for said purchase


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κ1919 Statutes of Nevada, Page 326 (CHAPTER 180)κ

 

Governor to execute proper deed

      Sec. 3.  Upon coming to an agreement in the premises, and upon the execution of the same on the part of said board of county commissioners, the governor of the State of Nevada is hereby authorized and empowered to execute the necessary deed or deeds to vest title to the real estate and buildings thereon, belonging to said Nevada school of industry now resting in the State of Nevada, to Elko County.

 

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CHAPTER 181

 

 

 

 

 

 

 

 

Bonds of town of Wells, Elko County, for water and electric-light system

 

 

Denomination of bonds, interest, redemption, etc.

 

 

 

 

 

 

 

 

 

 

Engineer of public service commission to estimate cost of proposed system

Chap. 181–An Act authorizing the acquisition of a public service system for the town of Wells and the sale of bonds therefor.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of the county of Elko is authorized and directed to prepare, issue, and sell negotiable coupon bonds of the town of Wells in said county for an amount not exceeding $50,000 exclusive of interest, for the purpose of providing funds for the acquisition of a water and electric-lighting system for said town of Wells. Said bonds shall be named “Town of Wells Public Service System Bonds.”

      Sec. 2.  Said bonds shall be prepared in denominations of $500 and shall be numbered consecutively. They shall be made payable in gold coin of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners acting as a town board and countersigned by the clerk of said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like gold coin at a rate not exceeding 6 per centum per annum, payable annually on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue respectively and in no case shall any bond run for a longer period than 20 years.

      Sec. 3.  The board of county commissioners of the county of Elko shall be entitled to have the advice of the expert engineer of the public service commission of Nevada or his successor, who shall make a detailed estimate of the reasonable cost of the proposed system. After receiving such advice and estimate the board shall be guided by the provisions 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, as it stands amended, except as otherwise provided in this act.


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κ1919 Statutes of Nevada, Page 327 (CHAPTER 181)κ

 

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, as it stands amended, except as otherwise provided in this act.

      Sec. 4.  If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners acting as a town board shall proceed at once to execute and issue them as rapidly as needed.

      Sec. 5.  The board of county commissioners acting as aforesaid is hereby authorized to negotiate the sale of said bonds or such number thereof as they may deem necessary, to the highest and best bidder, giving preference to the State of Nevada, or by private sales, as they may deem best, and may reject any or all bids; provided, that no bond shall be sold for less than par value.

      Sec. 6.  The said board of county commissioners, acting as aforesaid, shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same and assign the same to a fund to be known as the “Town of Wells Public Service System Fund,” and who shall pay out the same for the acquisition, installment, management and control of any plant or plants acquired under the provisions of this act, in all respects as prescribed for such payments by the board of county commissioners acting as a town board. All moneys acquired by the sale of service such as water service and electric lighting and other operating revenues shall be paid by the officer collecting the same to the county treasurer who shall assign the same to the town of Wells public service system fund for use as such fund is used, and at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of the said board to the town of Wells public service system bond interest and redemption fund.

      Sec. 7.  To provide for the payment of the said bonds and the interest thereon the board of county commissioners shall levy and collect annually a special tax on the assessment value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of the said town of Wells, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, five of said bonds annually, beginning with the first Monday in July, 1920, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the “Town of Wells Public Service System Bond Interest and Redemption Fund.”

General act to govern

 

 

 

 

Bond issue decided by popular vote

 

County commissioners to sell such bonds

 

 

 

“Town of Wells Public Service System Fund”

 

 

 

 

 

 

 

 

 

 

 

Special tax on Wells town property


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κ1919 Statutes of Nevada, Page 328 (CHAPTER 181)κ

 

 

 

 

Tax ceases, when

 

 

 

 

 

 

Redemption of said bonds

 

 

 

Interest ceases, when

 

 

 

Faith of state pledged

 

 

 

Provisions of existing law to be observed

 

 

 

 

Time limit

Service System Bond Interest and Redemption Fund.” Said bonds and interest shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said town of Wells.

      Sec. 8.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond interest and redemption fund shall, by order of the board of county commissioners of the said county, be transferred to the town of Wells public service system fund. If at any time there are sufficient funds in the said bond interest and redemption fund to care for the obligations of the current year in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.

      Sec. 9.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.

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

      Sec. 10.  The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collection of rates for service and all other provisions not expressly superseded by this act shall apply to the acquisition, management and financing of the system mentioned in this act. The commissioners shall act as soon as they conveniently may and the bonds shall be prepared not later than June 1, 1919. The plant or plants and the works herein provided for shall be deemed public uses authorized by the legislature such as are assisted by the principle of eminent domain.

 

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κ1919 Statutes of Nevada, Page 329κ

CHAPTER 182

Chap. 182–An Act to accept the benefits of any act that may be passed by the senate and house of representatives of the United States of America, in Congress assembled, to provide for the promotion of vocational rehabilitation of persons disabled in industry, approved 1919.

 

[Approved March 28, 1919]

 

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 any act that may be passed by the senate and house of representatives of the United States of America, in Congress assembled, to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise, and their return to safe employment, and will observe and comply with all of 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 the necessary power to cooperate with the federal board for vocational education in the administration of the provisions of the act.

      Sec. 3.  It shall be the duty of the state board of education to act jointly with the industrial commission in the administration, supervision, designation and support of the courses in vocational rehabilitation to be provided in carrying out the provisions of this act.

      Sec. 4.  Said joint board shall have the power to provide courses in this state or other states, in their discretion, for vocational rehabilitation of injured persons; provided, however, that such arrangements shall be approved by the governor in writing.

      Sec. 5.  That the state treasurer is hereby designated and appointed as custodian of the funds for vocational rehabilitation, and shall receive and provide for the proper custody and disbursement of moneys paid to the state from the appropriations made by said act, and of moneys hereinafter appropriated by the state for this purpose.

      Sec. 6.  That the sum of ten thousand dollars ($10,000) is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, as a vocational rehabilitation fund, to be available in the biennial period, beginning July 1, 1919.

 

 

 

 

 

 

 

 

 

 

Benefits of any act of Congress for vocational rehabilitation accepted

 

 

State board of education authorized to act

 

 

Joint action of said board with industrial commission

 

Powers of joint board; governor’s approval necessary

 

State treasurer custodian of funds

 

 

Appropriation, $10,000, available July 1, 1919

 

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κ1919 Statutes of Nevada, Page 330κ

CHAPTER 183

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff of Nye County

Deputies

 

Fees paid over monthly

 

 

 

 

 

 

 

 

 

 

 

Proviso as to expenses

 

 

 

 

 

 

 

Ex officio assessor

Chap. 183–An Act to amend section 5 of an act entitled “An act fixing the compensation of county officers in Nye County, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and abolishing certain offices, and to repeal all acts and parts of acts in conflict therewith,” approved March 14, 1917.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of said act is hereby amended to read as follows:

      Section 5.  The sheriff of said county shall receive a salary of four thousand dollars per annum in full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and shall have one undersheriff, to be selected by him, at a compensation not exceeding twenty-four hundred dollars per annum, said compensation to be fixed by the board of county commissioners, and such other deputies, to be named by him, as the board of county commissioners, by unanimous consent, may deem necessary, and for such time and compensation as they may fix. Any such deputy, except the undersheriff, shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county-seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county, such fees as are provided for in an act of the legislature of the State of Nevada entitled “An act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto,” approved February 27, 1883, or any other fee or license as are provided for in any act of the legislature of the State of Nevada; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputy in the service of any summons and complaints, or other process issuing out of the district court; provided, further, that where there is a deputy or other officer competent to perform said service, without the sheriff actually incurring any traveling expenses, no mileage shall be charged. Said sheriff shall continue to act as ex officio assessor of said county without additional compensation, and shall have such deputies, to be named by him, as the county commissioners may, by unanimous consent, deem necessary, and at such compensation and for such time as they may direct.


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κ1919 Statutes of Nevada, Page 331 (CHAPTER 183)κ

 

may, by unanimous consent, deem necessary, and at such compensation and for such time as they may direct. Any such deputy shall receive a salary not to exceed one hundred and fifty dollars per month, to be fixed by the board of county commissioners.

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

 

 

 

Repeal

 

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CHAPTER 184

Chap. 184–An Act to promote uniformity in accounting of county treasurers and county auditors and providing a penalty for the violation of same.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county treasurer of each county in the state shall issue a receipt in triplicate for all moneys received by him. The original shall be delivered to the payee, the duplicate immediately filed by the treasurer with the county auditor, and the triplicate retained by the treasurer. The duplicate and triplicate receipts shall, in addition to showing the amount and source of revenue, contain an apportionment to the proper funds as follows:

      All revenue collected for general, administrative, current expense, salary, indigent, and contingent purposes shall be apportioned to the general fund.

      All revenue collected for special purposes shall be apportioned to special funds that are at present or may hereafter be created, the purpose of which shall be indicated in the title of each.

      Sec. 2.  The county treasurer shall keep a complete record of the source and amount of all receipts, apportionments to, payments from, and balances in all funds, and shall submit to the board of county commissioners, at its first regular meeting each month, a statement containing the above information for the previous month, giving the balance in each county, state and special fund, the total amount in all district school funds, and the total thereof at the close of business on the last day of each month, together with a statement of all moneys on deposit, outstanding checks against same, and cash on hand. This statement shall be supported by certified statements from each county depository showing the amount on deposit to the credit of such county treasurer on said date, and shall be subscribed and sworn to before the county auditor before being submitted to the board of county commissioners.

      Sec. 3.  The county auditor of each county shall audit all apportionments made by the treasurer, keep a complete record of all such apportionments to and disbursements from funds, and in addition thereto shall keep accounts showing the amount of revenue received from each of the various sources, the amount of expenditures of the various departments and the object of such expenditures, and shall submit to the board of county commissioners, at its first regular meeting in January, April, July and October of each year, a statement containing the above information in such detail as may be required, but which shall in any event show the amount of outstanding warrants against and the available balance in each county, state and special fund, the total amount in all district school funds, and the total thereof, together with the following analysis of receipts and disbursements for the previous quarter:

 

 

 

 

 

 

 

 

Uniformity in accounts of county treasurers

 

 

 

 

Apportionment of revenue

Revenue for special purposes

 

Duties of county treasurers

 

 

 

 

 

 

 

 

 

Duties of county auditors


.…………………………………………………………………………………………………………………

κ1919 Statutes of Nevada, Page 332 (CHAPTER 184)κ

 

Duties of county auditors

 

 

 

 

 

 

 

 

 

Form of report

funds, and in addition thereto shall keep accounts showing the amount of revenue received from each of the various sources, the amount of expenditures of the various departments and the object of such expenditures, and shall submit to the board of county commissioners, at its first regular meeting in January, April, July and October of each year, a statement containing the above information in such detail as may be required, but which shall in any event show the amount of outstanding warrants against and the available balance in each county, state and special fund, the total amount in all district school funds, and the total thereof, together with the following analysis of receipts and disbursements for the previous quarter:

 

             Receipts:                                             County            State                 Total

Taxes, General Property.................................. $                     $                        $

Taxes, Personal Property...............................

Taxes, Proceeds of Mines.............................

Delinquent Tax Penalties...............................

Inheritance Taxes ...........................................

Corporation Tax..............................................

Poll Tax (Assessor)........................................

District Court Fines........................................

Justice Court Fines.........................................

Escheated Estates...........................................

Fees, Recorder.................................................

Fees, Clerk........................................................

Fees, Sheriff.....................................................

Fees, Treasurer................................................

Fees, Justice Court.........................................

Fees, Constables.............................................

Licenses...........................................................

Interest on County Deposits........................

State School Moneys.....................................

State Nomination Fees...................................

State Vocational Educational Aid................

Forest Reserve Receipts................................

Miscellaneous.................................................

Bond Sales.......................................................

Loans................................................................

                                                                                                                                 _________

Total Receipts.................................................

                                                                                                                                                       

             Expenditures:

Offices, Departments and Accounts:

      County Commissioners............................................................................. $

      Clerk..............................................................................................................

      Treasurer......................................................................................................

      Recorder and Auditor................................................................................

      Assessor......................................................................................................

      Sheriff...........................................................................................................

      Game Warden..............................................................................................

      District Attorney........................................................................................


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

κ1919 Statutes of Nevada, Page 333 (CHAPTER 184)κ

 

      District Court............................................................................................... $

      Justice Courts.............................................................................................

      Constables...................................................................................................

      Grand Juries.................................................................................................

      Trial Juries...................................................................................................

      Courthouse Maintenance.........................................................................

      Courthouse Furniture and Equipment.....................................................

      County Jails.................................................................................................

      Books and Records....................................................................................

      Telephone and Telegraph.........................................................................

      Publishing and Advertising......................................................................

      Elections......................................................................................................

      Insurance.....................................................................................................

      Bounties.......................................................................................................

      Miscellaneous.............................................................................................

      County Hospital Maintenance.................................................................

      County Hospital Furniture and Equipment............................................

      Dependent Mothers...................................................................................

      Dependent Orphans...................................................................................

      Indigent Allowances..................................................................................

      Probation Department................................................................................

      Health Department..................................................................................... ___________

     

      Total Expenditures from General Fund.................................................... $

      Roads and Bridges................................... $

      Road and Bridge Equipment...................

                                                                            _____________________

      Total Expenditures from Road Fund........................................................ $

      County-State Highway Fund, Total Expenditures................................ $

      County Bonds Redeemed....................... $

      Interest Paid..............................................

                                                                            _____________________

      Total Expenditures from Redemption Fund............................................ $

      Special Fund Expenditures........................................................................ $

      High-School Fund Expenditures............ $

      County School Fund Expenditures........

      District School Fund Expenditures........ _____________________

      Total Educational Fund Expenditures..................................................... $

      State Settlements........................................................................................ $

                                                                                                                              ___________

Total Expenditures............................................................................................ $

 

      Sec. 4.  This act shall be considered mandatory, and any county treasurer or county auditor failing to comply with the provisions thereof shall be deemed guilty of malfeasance, misfeasance, or nonfeasance in office.

Form of report

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This act mandatory

 

________

 

 


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

κ1919 Statutes of Nevada, Page 334κ

CHAPTER 185

 

 

 

 

 

 

 

 

Salary of justice of peace of Luning, Mineral County

 

 

Fees, how disposed of

Chap. 185–An Act fixing and regulating the salary and fees of the justice of the peace of Luning township, Mineral County, Nevada.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the approval of this act the justice of the peace of Luning township, Mineral County, Nevada, shall receive a salary of twenty-five dollars per month, payable on the first Monday of each month, and the county commissioners shall order a warrant drawn for the same at their first monthly meeting of each month.

      Sec. 2.  The legal fees in this office from all criminal cases shall be paid to the county treasurer for the county, and all legal fees in the civil cases shall be given to the justice of the peace.

 

________

 

CHAPTER 186

 

 

 

 

 

 

 

 

 

Attendance of certain government wards at certain U. S. schools made compulsory

 

 

 

Proviso

 

 

 

Superintendent of said school to make demand on persons having charge of said children

Chap. 186–An Act compelling attendance of children at schools where tuition, lodging, food and clothing are furnished at the expense of the United States, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  That whenever the government of the United States erects, or causes to be erected and maintained, a school for general educational purposes, within the State of Nevada, and the expense of the tuition, lodging, food and clothing of the pupils therein is borne by the United States, it shall be compulsory on the part of every parent, guardian or other person in the State of Nevada having control of a child or children between the ages of eight and twenty years, eligible to attend said school, to send such child or children to said school for a period of ten months in each year, or during the entire annual term; provided, that in case the government of the United States does not make provision for the free transportation of said child or children from their homes to said school, then he, she or they shall not be liable to the provisions of this act, unless they reside less than ten miles from such school.

      Sec. 2.  It shall be the duty of all principals or superintendents of the school or schools mentioned in this act, before attempting to enforce the provisions of this act, hereinafter mentioned, to serve, or cause to be served, a demand for the attendance of certain children, naming or otherwise identifying them, and also designating the school to which their attendance is required, upon the parent, guardian, or other person having charge of said child or children as may be eligible to attend said school over which he has charge, and such parent, guardian or other person having charge of said child or children shall have two days to either deliver said child or children at said school, or to the accredited representative of said school if more than ten miles distant from the residence of said child or children, or to furnish satisfactory proof that the bodily or mental condition of such child or children is such as to prevent his attendance, or cause him or them to be ineligible for enrollment.


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

κ1919 Statutes of Nevada, Page 335 (CHAPTER 186)κ

 

person having charge of said child or children as may be eligible to attend said school over which he has charge, and such parent, guardian or other person having charge of said child or children shall have two days to either deliver said child or children at said school, or to the accredited representative of said school if more than ten miles distant from the residence of said child or children, or to furnish satisfactory proof that the bodily or mental condition of such child or children is such as to prevent his attendance, or cause him or them to be ineligible for enrollment.

      Sec. 3.  If, at the expiration of two days after such notice or demand, the parents, guardian, or other person having charge of said child or children shall have failed or refused to comply with said notice, the principal or superintendent shall take action to compel compliance with this act.

      Sec. 4.  Any parent or guardian, or other person having control or charge of any child or children, failing to comply with the provisions of this act, shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not less than ten dollars ($10) nor more than fifty dollars ($50), or imprisonment in the county jail not less than five days nor more than twenty-five days for the first offense; and for each subsequent offense said parent, guardian or other person shall be liable to a fine of not less than twenty-five dollars ($25) or more than fifty dollars ($50), or to imprisonment in the county jail not less than twelve days or more than twenty-five days; provided, that another proceeding may be begun at the expiration of three days after each refusal of said parent, guardian or other person to comply with the demand of said principal or superintendent.

      Sec. 5.  It shall be the duty of all sheriffs, constables, policemen, town and city marshals in the state to assist principals and superintendents of schools in carrying out the provisions of this act.

      Sec. 6.  Any person or persons who shall directly or indirectly persuade, advise or intimidate in any manner the parent or guardian of any child or children coming under the provisions of this act from complying with the demand of a principal or superintendent of a school who is endeavoring to carry out the provisions of this act, shall be guilty of the same offense and shall be subject to the same fines and punishments as the parent or guardian; provided, that this section shall not apply to the attorney or legal adviser of any parent or guardian giving advice in his legal capacity.

      Sec. 7.  Any inmate of any such school who runs away therefrom shall be deemed a truant therefor and may be committed to the Nevada school of industry upon application to the district court of the county within which such school is located.

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

 

 

 

 

 

 

 

Legal action, when

 

 

 

Penalty for guilty parent or guardian

 

 

 

 

 

 

 

 

 

Peace officers to assist

 

 

Penalty for interference

 

 

 

 

Proviso

 

Runaways may be sent to school of industry

 

Repeal

 

________

 

 


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

κ1919 Statutes of Nevada, Page 336κ

CHAPTER 187

 

 

 

 

 

 

 

 

 

 

Salaries of officers of Mineral County

 

 

 

 

 

Sheriff and assessor

 

 

 

Undersheriff

 

 

Additional deputies

 

 

 

 

 

Criminal fees paid to county

 

 

 

County clerk

Chap. 187–An Act to amend section 9 of an act entitled “An act creating and organizing the county of Mineral, out of a portion of Esmeralda County, and providing for its government, and to regulate the affairs of Esmeralda County and Mineral County,” approved February 10, 1911.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of an act entitled “An act creating and organizing the county of Mineral out of a portion of Esmeralda County, and providing for its government, and to regulate the affairs of Esmeralda County and Mineral County,” approved February 10, 1911, is hereby amended to read as follows:

      Section 9.  The following-named officers of Mineral County, State of Nevada, shall receive, in full payment for all services and ex officio services rendered by them, the following salaries:

      The sheriff, for services as sheriff, shall receive the sum of six hundred ($600) dollars per annum, and for his services as ex officio county assessor and ex officio collector of licenses, the sum of two thousand four hundred ($2,400) dollars per annum.

      The sheriff is hereby authorized to appoint not more than one undersheriff, and said undersheriff (who shall also be deputy county assessor and deputy collector of licenses), shall receive a salary of two thousand ($2,000) dollars per annum.

      In case of emergency the sheriff may also appoint as many deputy sheriffs (who shall also be deputy assessors and deputy collectors of licenses), as may be authorized by the board of county commissioners, and said board of commissioners shall fix the compensation of the deputy sheriffs so authorized by them to be appointed, but in no case shall the compensation exceed the sum of one hundred ($100) dollars per month, together with all fees in civil cases to which such peace officers are allowed by law. All fees in criminal cases shall be paid to the county. No such deputy shall act as constable or jailer.

      The county clerk, for services as county clerk, shall receive the sum of six hundred ($600) dollars per annum, and for his services as ex officio county treasurer, the sum of one thousand eight hundred ($1,800) dollars per annum.

      The county clerk is hereby authorized to appoint one deputy county clerk (who shall also be deputy county treasurer), at a salary of five ($5) dollars per day, for a period not to exceed ten days in any one month, unless with the consent of the board of county commissioners; provided, however, during the months of September and October preceding any general election, said county clerk is authorized to appoint a deputy county clerk (who shall also be deputy county treasurer), for such period in said months as shall be necessary, at a salary of not to exceed five ($5) dollars per day.


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

κ1919 Statutes of Nevada, Page 337 (CHAPTER 187)κ

 

ceding any general election, said county clerk is authorized to appoint a deputy county clerk (who shall also be deputy county treasurer), for such period in said months as shall be necessary, at a salary of not to exceed five ($5) dollars per day.

      The county clerk shall also be authorized to appoint a deputy clerk to act as clerk of the district court for each day the district court shall be in session and for such additional time as may be necessary to write out the permanent record of the court minutes, at a salary of not to exceed five ($5) dollars per day, and the claim for such services, when approved by the district judge, shall be allowed, audited and paid as are other claims against the county.

      The county recorder, for services as county recorder, shall receive the sum of six hundred ($600) dollars per annum, and for his services as ex officio county auditor shall receive the sum of one thousand eight hundred ($1,800) dollars per annum.

      The county recorder is hereby authorized to appoint one deputy county recorder (who shall also be deputy county auditor), at a salary of five ($5) dollars per day, for a necessary period in any one month, whenever the receipts of said office for the previous month shall have been not less than two hundred ($200) dollars.

      The district attorney shall receive the sum of two thousand four hundred ($2,400) dollars per annum, which shall be his compensation in full, except that he shall be allowed such additional sum for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ such deputies as may be necessary; the compensation for such deputies to be fixed and approved by the board of county commissioners.

      On and after the first Monday of January, 1921, each member of the board of county commissioners, except the member elected at the general election of 1918 for a four-year term, shall receive the sum of six hundred ($600) dollars per annum. Upon the expiration of the term of said last-mentioned commissioner by death, resignation or limitation of time, each member of the board of county commissioners shall receive the sum of six hundred ($600) dollars per annum. In addition thereto, each member of the board of county commissioners shall be entitled to mileage at the rate of forty (40) cents per mile, one way only, over the shortest practicable route from their place of residence when attending a session of said board.

      The public administrator and county surveyor shall receive the same compensation as is now allowed by law to these officers.

      The board of county commissioners is hereby authorized and directed to allow such compensation as may be necessary, but not to exceed four ($4) dollars per day, for the payment of such additional clerks and assistants as may be needed in the office of the county clerk and ex officio county treasurer,

Deputy

 

 

Deputy for district court

 

 

 

 

 

Recorder and auditor

 

 

Deputy, when

 

 

 

District attorney

 

 

Deputies, when

 

 

County commissioners

 

 

 

 

 

Mileage

 

 

Public administrator, and county surveyor

Additional clerks; maximum salary, $4


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

κ1919 Statutes of Nevada, Page 338 (CHAPTER 187)κ

 

 

payment of such additional clerks and assistants as may be needed in the office of the county clerk and ex officio county treasurer, sheriff and ex officio assessor and ex officio collector of licenses, and county recorder and ex officio county auditor, respectively, as herein provided, and such claims, when approved by the officer in whose office the work is performed, shall be allowed, audited and paid as are other claims against the county.

 

________

 

CHAPTER 188

 

 

 

 

 

 

 

 

 

 

Nevada irrigation districts may make agreements with districts of adjoining states

 

What contracts shall contain

 

 

 

 

 

Joint or several ownership, when

 

 

 

 

Joint meetings of directors

Chap. 188–An Act to provide for cooperation in acquisition, construction and management of irrigation and drainage works between irrigation districts organized or existing under or by virtue of the laws of the State of Nevada, and contiguous or adjoining districts organized under the laws of other states.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be lawful for irrigation districts organized or existing under or by virtue of the laws of the State of Nevada to enter into agreements with contiguous adjoining irrigation districts in other states for the joint construction, acquisition, management and control of diverting, impounding or distributing works for the irrigation or drainage of the lands within the boundaries of their respective districts.

      Sec. 2.  Such agreements may be evidenced by written contracts executed on behalf of their respective boards of directors or trustees, or by resolutions entered upon their respective minutes. Such contracts or certified copies thereof and certified copies of such resolutions shall be recorded in the office of the county recorder in each county in which is situated any of the lands of said districts or any of the reservoir sites or other real property owned by said districts or acquired under the provisions of this act.

      Sec. 3.  Such agreements may provide for joint or several ownership or ownership in common of the property necessary or convenient for the purposes of this act, and may provide for the terms and conditions under which, or the respective proportions in which, such property shall be held. Any rights or disputes arising out of or from said agreements may be tried before and enforced by any court of competent jurisdiction in the state.

      Sec. 4.  Any meeting of the board of directors of any such district, held in conjunction with the board of directors of the cooperating district, in the office of such district in the adjoining state, if duly and regularly called as required by law or if regularly adjourned to, shall be as lawful and valid as if held at the office of the board of directors of such district in this state.


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

κ1919 Statutes of Nevada, Page 339 (CHAPTER 188)κ

 

      Sec. 5.  It shall be lawful for the purposes of such cooperative action to divert water from this state for impounding in the adjoining state or otherwise for distribution to the lands of the cooperating districts regardless of the state in which such lands are situated or to divert water from such adjoining state for impounding or otherwise for distribution to the lands of such cooperating districts in this or the adjoining state.

      Sec. 6.  So far as may be necessary for fully carrying out the purposes of this act such cooperating district in the adjoining state may hold title to property in this state, and such cooperating district in this state may hold title to property in the adjoining state.

Certain proceedings made lawful

 

 

 

Cooperating districts may hold property in either state

 

________

 

CHAPTER 189

Chap. 189–An Act to authorize the board of county commissioners of Washoe County, Nevada, to issue bonds to provide for aid in the improvement of a highway across the county of Washoe.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of aiding the department of highways of the State of Nevada in constructing a highway across the county of Washoe along the line designated as “Route 1” of the system of state highways, as defined by an act to provide a general highway law for the State of Nevada, chapter 169, Statutes 1917, or as it may hereafter be designated, the board of county commissioners of Washoe County is hereby authorized, empowered, and directed to issue bonds in the name of said Washoe County in the aggregate sum of one hundred and fifty thousand ($150,000) dollars. The said bonds, which shall be known as the “Washoe County Highway Bonds, Issue of 1919,” shall be issued and sold at such times as may be necessary to take advantage of equal amounts tendered to the department of highways of the State of Nevada, or to Washoe County, from such sources as hereinafter provided. It is provided, however, that the first issuance and sale shall be for not less than fifty thousand ($50,000) dollars, and that any bonds which are issued and not sold within eighteen (18) months after the passage of this act shall be canceled. All money derived from the sale of said bonds is to be expended by the county commissioners of said Washoe County, and within the bounds of the said county, and under the direction of the department of highways. It is provided, however, that the said county commissioners shall not issue said bonds, or any part thereof, except upon one of the following express conditions:

      (1) That if a new county be not created by the present legislature out of the territory now a portion of Humboldt County, that there shall be enacted as a law an act or acts which shall provide that the counties of Humboldt and Elko shall each be bonded for the sum of one hundred and fifty thousand ($150,000) dollars, and that the provisions of said act or acts shall be similar in all other respects to this act, said money to be available for the expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

 

 

 

 

 

 

 

 

 

Washoe County to issue state highway bonds


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

κ1919 Statutes of Nevada, Page 340 (CHAPTER 189)κ

 

Conditions on formation of Pershing County

 

 

 

 

Humboldt and Pershing Counties must issue bonds, $75,000 each; Elko County, $150,000

 

 

 

 

 

Washoe County commissioners to prepare bonds

 

 

 

Negotiation and sale of bonds after advertising

 

 

 

 

 

 

 

Denomination of bonds; annual interest; redemption

County, that there shall be enacted as a law an act or acts which shall provide that the counties of Humboldt and Elko shall each be bonded for the sum of one hundred and fifty thousand ($150,000) dollars, and that the provisions of said act or acts shall be similar in all other respects to this act, said money to be available for the expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

      (2) That if a new county be created by the present legislature out of territory now a portion of Humboldt County, that there shall be enacted as a law an act or acts which shall provide that the county so created and Humboldt County shall each be bonded for the sum of seventy-five thousand dollars, and Elko County in the sum of one hundred fifty thousand ($150,000) dollars, and that the provision of said act or acts shall be similar in all other respects to this act, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

      Sec. 2.  The said board of county commissioners shall cause said bonds 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 the 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 of county commissioners 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 papers published in Washoe County for a period of not less than two weeks preceding the date of the opening of said bids; the proceeds of such sale shall be placed in what shall be known as “The Washoe County Highway Fund,” which 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 five hundred dollars ($500) each; they shall be numbered consecutively and they shall bear interest at the rate of five (5) per cent per annum; said interest 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, 1922, and every twelve months thereafter, fifteen or more of said bonds shall be redeemed and satisfied until all of said bonds so issued shall have been redeemed and satisfied.


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

κ1919 Statutes of Nevada, Page 341 (CHAPTER 189)κ

 

January, 1922, and every twelve months thereafter, fifteen or more of said bonds shall be redeemed and satisfied until all of said bonds so issued shall have been redeemed and satisfied. Said bonds shall be redeemed and satisfied 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 redeemed and satisfied.

      Sec. 5.  For the purpose of creating a fund for the redemption of the said bonds and the payment of the interest thereon, the said board of county commissioners of Washoe County shall in the year 1919, and annually thereafter at the time of levying taxes for state and county purposes and in the same manner, levy and collect a special and additional tax upon all property within Washoe County sufficient in its judgment to provide for the payment of the interest annually due on said bonds, and the redemption and satisfaction of the bonds, as hereinbefore provided. The said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the county treasury. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said Washoe County highway fund, and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The board of county commissioners shall consult with the board of directors of the department of highways and the state highway engineer, and by and with the advice of said board of directors and the state highway engineer, select for construction and improvement, sections of the route which is hereinbefore specified as “Route 1” of the system of state highways, as defined by “An act to provide a general highway law for the State of Nevada,” or as route 1 may hereafter be designated. By and with the advice of the department of highways, a type and manner of improvement shall be adopted for each section of said route so selected.

      Sec. 7.  Upon the request of the board of county commissioners the department of highways shall cause surveys, plans and specifications to be made of each and every section selected as hereinbefore provided, and the board of county commissioners shall cause to be paid by Washoe County, out of funds in the Washoe County highway fund, the entire expense thereof upon vouchers certified to by the state highway engineer.

      Sec. 8.  All necessary rights of way shall be acquired by the board of county commissioners in the name of the State of Nevada, and all expense in connection therewith shall be paid out of the Washoe County highway fund.

      Sec. 9.  It shall be the duty of the board of county commissioners to advertise for all work provided for in this act, according to the plans and specifications prepared by the state highway engineer.

 

 

 

 

 

Special annual tax

 

 

 

 

 

 

 

 

 

 

Interest ceases, when

 

Cooperation of state highway department

 

 

 

 

 

 

Department of highways to make surveys, etc., at expense of Washoe County

 

 

Rights of way in name of state

 

Bids for all work to be advertised for


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

κ1919 Statutes of Nevada, Page 342 (CHAPTER 189)κ

 

 

 

 

 

 

 

Certified checks with bids

 

Contracts; bonds on same

 

Work to be to satisfaction of highway department

Payments provided for

according to the plans and specifications prepared by the state highway engineer. The advertisement shall be inserted at least once each week for a period of two weeks in two newspapers, one of which shall be published in Washoe County and the other having general circulation throughout the state. Such advertisement shall state the place where the plans and specifications may be examined, the time and place where bids will be received, and the time of their opening.

      The board of county commissioners may make such rules and regulations as they may deem best for the requirement of certified checks with the bids, and for the acceptance of bids and for partial payments to the contractor.

      The board of county commissioners is hereby authorized to enter into a contract in the name of Washoe County with the successful bidder, and require such bond as they may deem necessary of the contractor for the faithful performance of the work.

      Sec. 10.  A clause shall be inserted in each and every contract that the work is to be done to the satisfaction of the department of highways and the state highway engineer.

      Sec. 11.  The board of county commissioners shall cause to be made progress and final estimates of the work, which shall be the basis for progress and final payments to the contractor. It is provided, however, that before any payments are made to the contractor that such progress and final estimates shall first be approved and certified to by the state highways engineer.

 

________

 

CHAPTER 190

 

 

 

 

 

 

 

 

Liability of banks on forged or raised checks

 

 

 

 

 

 

 

Notice by mail

Chap. 190–An Act fixing the liability of a bank to its depositors for payment of forged or raised checks.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  No bank which has paid and charged to the account of a depositor any money on a forged or raised check issued in the name of said depositor shall be liable to said depositor for the amount paid thereon unless either (1) within ninety days after notice to said depositor that the vouchers representing payments charged to the account of said depositor for the period during which such payment was made are ready for delivery, or (2) in case no such notice has been given, within ninety days after the return to said depositor of the voucher representing such payment, said depositor shall notify the bank that the check so paid is forged or raised.

      Sec. 2.  The notice referred to in the preceding section may be given by mail to said depositor at his last known address, with postage prepaid.

 

________

 

 


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κ1919 Statutes of Nevada, Page 343κ

CHAPTER 191

Chap. 191–An Act providing for the reclamation, improvement and equipment of lands within the state for rural homes for soldiers, sailors, marines and other loyal citizens; providing for federal and other cooperation in the same, and for the reimbursement of moneys so expended; creating a reclamation and settlement board; defining its powers and duties; empowering the board to appropriate unappropriated public waters; providing a procedure for the temporary withdrawal of unappropriated waters from appropriation by other persons; declaring the use of water for reclamation and settlement projects a more necessary public use than for any other project or purpose and authorizing the exercise of the right of eminent domain for the acquisition thereof; providing a procedure for determining the value of unperfected permits to appropriate waters; making an appropriation therefor; creating a reclamation and settlement fund; providing for a state loan; levying a state tax; authorizing the establishment of reclamation and settlement districts for assessment purposes; creating a reclamation loan interest and redemption fund, and for other purposes.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

Statement of the Objects of the Act.

      Section 1.  The objects of this act are: first, in recognition of military service, to provide, improve and equip rural homes for soldiers, sailors, marines, and others who have served with the armed forces of the United States in the European war and other wars of the United States, including former American citizens who have served in Allied armies against the Central Powers and have been repatriated, and who have been honorably discharged; and, second, to provide and improve rural homes for other loyal citizens; and to accomplish such purposes by cooperation with the agencies of the United States engaged in work of a similar character as herein provided. The act may be cited as “The Nevada Reclamation and Settlement Act.”

 

Creating a Reclamation and Settlement Board-Membership-Attorney-General To Be Legal Advisor of Board.

      Sec. 2.  For the purpose of this act a reclamation and settlement board is hereby created composed of the governor and state engineer as ex officio members and three other members to be appointed by the governor, each for the term of four years. Each appointed member shall receive $10 the day while actually engaged on work of the board, as other state officers are paid, and necessary expenses. The governor shall be the chairman of the board and the attorney-general shall be its legal advisor and represent the board in any suits or action which may arise out of the discharge of its duties.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To provide rural homes for veterans of the world war

 

 

 

 

“Nevada Reclamation and Settlement Act”

 

 

 

Reclamation and settlement board


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

κ1919 Statutes of Nevada, Page 344 (CHAPTER 191)κ

 

 

“Reclamation and Settlement Fund,” $1,000,000

 

Provisions for reimbursement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Practicability of all projects to be proven

Appropriating One Million Dollars to Carry Out the Provisions of the Act.

      Sec. 3.  There is hereby created the “Reclamation and Settlement Fund” in the state treasury, and for the purposes of carrying out the provisions of this act there is hereby appropriated the sum of one million dollars which shall in part be transferred from any moneys in the general fund not otherwise appropriated and in part provided by a state loan and which shall be covered into said reclamation and settlement fund as follows: Not exceeding two hundred and fifty thousand dollars for the first year, not exceeding five hundred thousand dollars total during the first two years, not exceeding seven hundred and fifty thousand dollars total during the first three years and not exceeding one million dollars total during the first four years from and after the date of the passage of this act; provided, none of said fund or funds shall be expended except in cooperation with the United States, the latter to furnish and expend on any project at least an equal sum to the state and in cooperation with the state; and provided further, that contracts with irrigation districts can only be made in cooperation with the United States and when the United States expends under such contracts an amount at least equal to that by the state and the amount furnished and expended by the board for the state to be fully secured by duly authorized and issued bonds of said irrigation district.

 

Board Shall Satisfy Itself of the Practicability of Projects Undertaken-May Employ Expert Assistance-May Cooperate with the United States or with Irrigation or Drainage Associations or Districts.

      Sec. 4.  The board shall satisfy itself of the practicability of each project to be undertaken hereunder, and for such purpose may employ expert assistance and make necessary investigations. Projects may be undertaken in cooperation with the United States or with duly organized irrigation or drainage associations or districts in cooperation with the United States, involving the reclamation and settlement of lands within the state by water storage, irrigation or drainage systems, development of underground waters and land leveling. The board may acquire in the name of the state by purchase, gift, or the exercise of the power of eminent domain, all lands and other property needed for the purposes hereof, and may take title in trust. The board may sell any land or other property acquired hereunder found not to be required for any project. The board may also utilize any lands of the state not under contract of sale or that hereafter may be granted the state for the purposes of this act.


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

κ1919 Statutes of Nevada, Page 345 (CHAPTER 191)κ

 

Authorizing Contracts with the United States and Others for Land Reclamation and Settlement.

      Sec. 5.  The board is authorized to contract with the United States pursuant to acts of Congress and the rules and regulations thereunder for land reclamation, settlement and related purposes. For the purposes of general cooperation with the federal government hereunder, the board may also contract with other states, and with municipal and quasi-municipal corporations, irrigation and drainage associations or districts and private corporations and individuals.

 

Further Contractual Powers and Duties of the Board.

      Sec. 6.  For the purposes of this act, the board may also, in cooperation with the United States, or with duly organized irrigation or drainage associations or districts in cooperation with the United States as hereinbefore provided, undertake subdivision of land, supervision of settlement, the selection of settlers, the supervision of loans, the rejection of applicants for allotments, the collection of moneys, the operation and maintenance of the projects undertaken, and may perform such other acts as may be necessary to effectuate the purposes of this act.

 

Board May Lease Lands-Dedicate Lands for Certain Public Purposes-Establish, Develop and Open for Sale Townsites.

      Sec. 7.  The board may also lease or assent to the lease of any lands pending receipt of application for the purchase thereof, may dedicate lands for schools, churches, roads, cemeteries, and other public purposes, and may establish, develop and open for sale such townsites as may be desirable or authorized by contract with the United States.

 

Providing for Reimbursement of Moneys Expended Under this Act.

      Sec. 8.  The board, in cooperation with the United States, is authorized and required to and shall obtain security by lien, contract or otherwise for the reimbursement of moneys expended hereunder by the state, or by the state and the United States jointly, upon such plan of amortization or other method of reimbursement as the board may determine or agree to. The proceeds of all operations under this act shall be covered into the state reclamation and settlement fund and shall be subject to disbursement for administration and for the payment of defaulting taxes and assessments as provided in section nine, and not otherwise, and all said proceeds in excess thereof shall be transferred semiannually by the controller to the general fund.

 

Contract Lands Subject to Taxation-Board May Establish Projects as Reclamation and Settlement Districts.

      Sec. 9.  State lands utilized and other lands acquired pursuant to this act shall be subject to state, county and local taxation and to assessment for reclamation and improvement purposes from the date of the execution of the contract for the purchase thereof by settlers upon any project undertaken hereunder.

 

 

Contracts with national government

 

 

 

 

 

 

Further authority of board

 

 

 

 

 

 

 

 

Board may lease lands, and dedicate townsites, etc.

 

 

 

 

Board to obtain security for reimbursement of public moneys


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

κ1919 Statutes of Nevada, Page 346 (CHAPTER 191)κ

 

All lands subject to regular taxation

 

 

 

 

Official designation of title of projects to be filed with county officers

 

 

 

 

 

 

Taxes for special fund, when

 

 

 

 

 

 

 

 

 

Annual report of board

suant to this act shall be subject to state, county and local taxation and to assessment for reclamation and improvement purposes from the date of the execution of the contract for the purchase thereof by settlers upon any project undertaken hereunder. The board, in its discretion, may establish any project as a reclamation and settlement district by filing with the county recorder of the county in which situated, or if situated in more than one county, with the county recorders in all counties in which in part situated, the title by which such project is to be officially known and designated and a certified map showing the boundaries and legal subdivisions thereof. Thereafter the board may annually file with the board of county commissioners of each such county on or before the first Monday in March a certified statement of the names of all contract purchasers of lands within said district in each county with the legal subdivisions of lands severally under contract to each and the amount of any special assessment for reclamation and improvement purposes to be severally assessed against each, whereupon it shall be the duty of the said board of county commissioners to order such special assessments to be levied, assessed and collected at the time and in the manner that other taxes are levied, assessed and collected. The proceeds thereof shall be covered into a special fund in the county treasury and shall be subject to transfer to the state treasury on the order of the state controller in like manner as other state moneys collected by the county are transferred, and any portion thereof not so ordered to be transferred to the state treasury shall be kept in such county fund and shall be subject to disbursement on certificates of the reclamation and settlement board, approved by the board of county commissioners, when the county auditor shall draw his warrant and the county treasurer pay the same. If the contracting purchaser shall fail to pay such tax or special assessment, the same may be paid from the reclamation and settlement fund and charged to the purchaser with interest at the rate of ten per cent per annum, subject to forfeiture of contract for nonpayment in accordance with such terms and conditions as the board may impose.

 

Board Must Make Annual Report.

      Sec. 10.  The board shall make and publish an annual report with a full statement of its operations and the results of its investigations and experience resulting from operations under this act, together with recommendations for legislation, and shall furnish a copy of its report to the secretary of the interior.


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

κ1919 Statutes of Nevada, Page 347 (CHAPTER 191)κ

 

General Authority and Powers Granted-May Appropriate Public Waters-May Cause Same To Be Withdrawn from Appropriation-Right of Eminent Domain May Be Exercised-Procedure for Determining Value of Unperfected Permits.

      Sec. 11.  The board is hereby authorized to adopt a seal and to perform such further acts, not specifically mentioned herein, as may be necessary or proper to accomplish the purposes of this act and said board is empowered to adopt and enforce such rules and regulations governing the performance of its duties and the administration of the provisions of this act as may be necessary or proper and such rules and regulations where not inconsistent with the provisions of law shall have the force and effect of law.

      For the purpose of effectuating the objects of this act the said board shall have the power to appropriate, in its name and in the manner provided by law for the appropriation of water by others, any of the unappropriated waters of this state. Said board is further empowered in the interest of public welfare to withdraw from appropriation by others, including appropriation for power purposes, and to reserve for appropriation by itself in behalf of the State of Nevada, the unappropriated waters of any surface or underground stream, lake, spring or other source of water supply. Such withdrawal and reservation shall be made in the following manner: When the board has considered and has in contemplation any reclamation project which in the judgment of the board will require the use of the unappropriated waters of any such source of water supply, the board may cause to be entered on its minutes an order reciting such facts and directing its proper officers to take the necessary action to withdraw from appropriation by others and reserve for appropriation by the board, the unappropriated waters of said source of water supply. Thereupon the proper officers of said boards shall file in the office of the state engineer the proclamation of the said board signed by its proper officers and bearing an impression of its seal, reciting the said order of the board and proclaiming such withdrawal and reservation of the unappropriated waters of said source of water supply. After the filing of such proclamation in the office of the state engineer, and while such proclamation remains effectual, all applications for the use of water from such source of supply not previously approved by the state engineer, except such as may be made by the board for the purposes of such reclamation project, or made by others with the written consent of the board, shall be deemed detrimental to the public welfare and the public interests and shall be rejected by the state engineer.

 

 

 

General authority and powers of board


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

κ1919 Statutes of Nevada, Page 348 (CHAPTER 191)κ

 

 

 

Proviso

 

 

 

 

 

 

Use of water for these projects declared the most necessary public use

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Right to use water transferred by board, when

rejected by the state engineer. No such proclamation shall remain effectual for a longer period than three years from the date of filing, nor shall it be renewed for one year after the expiration thereof; provided, that the board, as soon after filing such proclamation as its other plans and its facilities and finances will admit, shall investigate the project for which said proclamation was filed, and if it determines to abandon the same shall immediately cause to be executed by its proper officers and over its seal and to be filed with the state engineer a withdrawal of such proclamation and thereupon the withdrawal and reservation of the right to appropriate such waters shall cease to be effectual.

      The use of water for reclamation and settlement projects under this act, whether for power, irrigation or other purposes, is hereby declared to be a more necessary public use than the use of water for any other project or purpose, and whenever any water the right to the use of which is now vested in any person or for which any person now holds a permit from the state engineer, may be needed for the purposes of this act, the said reclamation and settlement board may acquire the right to the use of such water by purchase or the exercise of the right of eminent domain in accordance with the provisions of law concerning the exercise of such right. If it shall appear in any action brought by said board to condemn the rights of any person under an unperfected permit issued by the state engineer, that the water covered by said permit has not been actually applied to a beneficial use, or a reasonable sum expended in contemplation of such purpose, then on the question of the value of the rights under said permit the burden shall be on the permittee to prove, if he so claims, that he intends to apply said water to a beneficial use, that said permit is not held merely for the purpose of sale or speculation, that the permittee has the financial ability and means to construct the proposed works or has made an actual contract to sell his rights under such permit to a vendee who has the financial ability and the bona-fide intent to complete said contract and construct said works. In all cases the possibility of making or procuring an advantageous sale of the rights of such permittee is hereby declared to be too remote to be considered as an element in determining the value of such rights.

      The said board after acquiring the right to use any water in connection with any project may, in the course of the development or administration thereof or after its completion, assign and transfer such right or any part thereof to any applicant complying with the rules of the board or otherwise satisfying it that the water will be put to a beneficial use.


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

κ1919 Statutes of Nevada, Page 349 (CHAPTER 191)κ

 

Disbursements from the Reclamation and Settlement Fund-How Made-Administration and Investigational Expenditures Limited.

      Sec. 12.  Disbursements from the reclamation and settlement fund shall be on certificates of its chairman or acting chairman and secretary, approved by the state board of examiners, when the state controller shall draw his warrant and the state treasurer pay the same; provided, that all such claims shall have first been duly authorized and approved by the board at a regular or special session; and provided further, that not exceeding ten per cent (10%) of the amount appropriated in any one year shall be available for administration expenses, inclusive of investigational work in determining the practicability of projects; and provided further, such amounts so expended to be charged up to the respective projects as expense of development. No funds shall be disbursed except in cooperation with the United States as herein provided.

 

Providing for a State Loan and for the Payment of the Interest and Principal Thereof.

      Sec. 13.  For the purpose of providing the funds appropriated in section three of this act the sum of one million dollars is hereby authorized to be borrowed, or so much thereof as may be necessary, of which sum not exceeding two hundred and fifty thousand dollars shall be borrowed the first year, not exceeding five hundred thousand dollars total shall be borrowed during the first two years, not exceeding seven hundred and fifty thousand dollars total shall be borrowed during the first three years and not exceeding one million dollars total shall be borrowed during the first four years from and after the date of passage of this act, less any moneys in the general fund transferred to the state reclamation and settlement fund as provided in section three. Said loan shall bear interest at the rate of not to exceed five per cent per annum payable semiannually on the first days of January and July of each year and the principal shall be payable at any time within twenty years from the date of passage of this act, and for the regular and prompt payment of said interest and principal the faith and credit of the state is hereby pledged. The provisions of this act in respect to the issuance of bonds shall be executed under the direction of a commission consisting of the governor, state controller and state treasurer. On certification by the reclamation and settlement board that the whole or any part of the appropriation provided for in section three of this act is required, accompanied by a statement of the estimated amount and purposes of the proposed expenditures, and if the same be within the provisions of this act, said commission shall provide immediately for a state loan in the amount so required, less any part thereof which may be transferred from the general fund, and shall deposit the proceeds of such loan into the reclamation and settlement fund.

 

 

Disbursements, how made

 

 

 

Expenditures limited

 

 

 

 

 

 

 

State loan provided for; interest and payment of same


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

κ1919 Statutes of Nevada, Page 350 (CHAPTER 191)κ

 

 

 

 

 

 

 

 

 

Issuance of state bonds; state tax therefor

 

 

 

 

 

 

 

Redemption of bonds

 

 

 

 

 

 

 

 

 

Fund in state treasury created

 

Moneys transferred, when

 

Duties of state controller and state treasurer

the same be within the provisions of this act, said commission shall provide immediately for a state loan in the amount so required, less any part thereof which may be transferred from the general fund, and shall deposit the proceeds of such loan into the reclamation and settlement fund.

 

Providing for the Issuance of Bonds and Levying a Tax for Bond Interest and Redemption-Creating the Reclamation Loan Interest and Redemption Fund-Authorizing Transfer of Excess Moneys Therefrom to the General Fund.

      Sec. 14.  Said commission shall cause to be prepared the bonds used in pursuance of this act, and each bond shall state in substance that the State of Nevada will pay to the holder thereof the amount of the bond within twenty years from the date of the passage of this act with interest at the rate of not to exceed five per cent per annum. Said bonds shall be of the denominations as the commission may prescribe, shall be payable in gold coin of the United States, shall be numbered in sequence, each bond bearing a different number, and when retired shall be retired in such sequence. Said bonds shall be signed by the governor, endorsed by the state treasurer, countersigned by the state controller and authenticated by the great seal of the state. Beginning January 1, 1924, one-fortieth (1/40) of the total amount of said bonds issued shall be retired and each year thereafter the amount of bonds retired shall be increased by five thousand dollars over the amount of bonds retired the year previous, for sixteen years, or until the total issue of bonds shall have been retired. There shall be levied and collected for the fiscal year commencing January 1, 1919, an ad valorem tax of one-half of one cent, for the fiscal year 1920 an ad valorem tax of one cent, for the fiscal year 1921 an ad valorem tax of one and one-half cents, for the fiscal year 1922 an ad valorem tax of two cents and for the fiscal year 1923, and annually thereafter, an ad valorem tax of three and one-half cents on each one hundred dollars of taxable property in the state, including the net proceeds of mines, and all moneys derived from said taxes shall be covered into the reclamation loan interest and redemption fund in the state treasury, hereby created for such purpose, and are hereby specifically appropriated for the payment of the interest and the redemption of the principal of the bonds authorized by this act; provided, that any accumulation of moneys in such fund in excess of the full amount required to satisfy the interest and redemption of said bonds as the same currently become due and payable, on order of the commission may be transferred by the state controller to the general fund. It shall be the duty of the state controller to draw his warrant for the payment of the interest on said bonds and for their redemption at maturity as herein provided, and the state treasurer shall pay the same, and when so retired said bonds shall be canceled and made void by said commission.


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

κ1919 Statutes of Nevada, Page 351 (CHAPTER 191)κ

 

vided, and the state treasurer shall pay the same, and when so retired said bonds shall be canceled and made void by said commission.

 

 

________

 

CHAPTER 192

Chap. 192–An Act to repeal an act entitled “An act providing a salary for the county surveyor of Washoe County, in lieu of all fees, and providing for the payment of the same,” approved February 27, 1909.

 

[Approved March 28, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  An act entitled “An act providing a salary for the county surveyor of Washoe County, in lieu of all fees, and providing for the payment of the same,” approved February 27, 1909, is hereby repealed; provided, that this act shall not be effective until January 1, 1921.

 

 

 

 

 

 

 

 

 

Repealing certain act

 

Effective Jan. 1, 1921

 

________

 

CHAPTER 193

Chap. 193–An Act to provide for the erection of the Nevada heroes memorial building in Carson City, Nevada, defining the duties of the board of capitol commissioners in respect thereto, providing for the issuance of bonds therefor and the manner of their sale and redemption, and other matters relating thereto.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Provision is hereby made for the erection of the Nevada heroes memorial building on the main street of Carson City, adjacent to the capitol, on a site to be deeded to the State of Nevada in fee simple by the board of county commissioners of Ormsby County, Nevada. Said building shall be designed to be a fitting memorial to Nevada soldiers who gave their lives in the service of the United States in the European war. The board of capitol commissioners is charged with the duty of carrying out the provisions of this act, and in the erection of said building the needs and requirements of the Nevada industrial commission, the department of highways, the state engineer’s office, and of various other offices shall be kept in mind and provided for.

      Sec. 2.  The cost of said building, and the construction thereof, together with the heating and lighting systems and all equipment thereof, shall not exceed the sum of eighty thousand dollars; provided, that not more than ten dollars shall be paid for acquiring the site for said building. Said board of capitol commissioners, on or before the first day of June, 1919, shall employ a competent architect to prepare and submit plans and specifications to said board for the construction work and the heating and lighting systems herein provided for,

 

 

 

 

 

 

 

 

 

 

 

Providing for a Nevada heroes building in Carson City, Nevada

 

 

Capitol commissioners to act

 

 

 

Cost limited to $80,000

 

Not more than $10 for site


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κ1919 Statutes of Nevada, Page 352 (CHAPTER 193)κ

 

 

 

Bids advertised for

 

 

 

 

 

Nevadans given preference

Time payments to be provided for

 

Contractors to give bonds

 

 

 

 

 

Commission named to issue bonds, $80,000

 

 

 

 

 

 

 

Interest, 5%

Life, 20 years

Bonds sold to certain funds

and submit plans and specifications to said board for the construction work and the heating and lighting systems herein provided for, and when said plans and specifications are approved by the board, said board shall advertise for a period of three weeks for sealed bids for the construction of said building and the heating and lighting systems thereof in accordance with the plans and specifications, which shall be on file subject to inspection. Said board shall let the contract or contracts for the construction of said building, and the heating and lighting systems thereof, to the best responsible bidder of bidders; provided, that any and all bids may, for sufficient reason, be rejected. In the awarding of contracts, preference shall be given to Nevada contractors, Nevada labor and returning Nevada soldiers.

      Sec. 3.  The board of capitol 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 to protect the state shall be required from all contractors. All bills for the employment of an architect and for the erection and the heating and lighting systems of said building and equipment thereof shall be paid out of the Nevada heroes memorial building fund in the state treasury, herein provided for, upon claims approved by the board of capitol commissioners, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.

      Sec. 4.  To provide the Nevada heroes memorial building fund in the state treasury, the governor, state controller and the state treasurer are hereby constituted a commission, and are hereby authorized, directed and empowered to issue bonds of the State of Nevada in the sum of eighty thousand dollars. 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 the 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 of Nevada. Said bonds shall bear interest at the rate of five per cent per annum, payable semiannually, and shall be paid within twenty years from the date of issuance.

      Sec. 5.  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, the university seventy-two-section grant fund, or the state insurance fund of the Nevada industrial commission, 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 in the case of the first three, and by the Nevada industrial commission, if any of said bonds be sold to said commission, for the amount of said bonds.


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

κ1919 Statutes of Nevada, Page 353 (CHAPTER 193)κ

 

three, and by the Nevada industrial commission, if any of said bonds be sold to said commission, for the amount of said bonds. If sufficient money be not available in any of the funds heretofore mentioned, the bonds herein provided for shall be sold at public or private sale. Said bonds shall be sold at par, and the proceeds thereof shall be placed in a fund to be known as the Nevada heroes memorial building fund. At least four of said bonds of one thousand dollars each shall be redeemed each year, commencing June 1, 1920, and annually thereafter on the same date.

      Sec. 6.  There shall be levied annually an ad valorem tax of five-tenths 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 Nevada heroes memorial 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 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.

When bonds sold at public or private sale

 

 

 

 

 

State tax for said bonds

 

________

 

CHAPTER 194

Chap. 194–An Act to authorize the board of county commissioners of Elko County, Nevada, to issue bonds to provide for aid in the improvement of a highway across the county of Elko.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of aiding the department of highways of the State of Nevada, in constructing a highway across the county of Elko along the line designated as “Route 1” of the system of state highways, as defined by an act to provide a general highway law for the State of Nevada, chapter 169, Statutes 1917, or as it may hereafter be designated, the board of county commissioners of Elko County is hereby authorized, empowered, and directed to issue bonds in the name of said Elko County in the aggregate sum of one hundred fifty thousand ($150,000) dollars. The said bonds, which shall be known as the “Elko County Highway Bonds, Issue of 1919,” shall be issued and sold at such times as may be necessary to take advantage of equal amounts tendered to the department of highways of the State of Nevada, or to Elko County, from such sources as hereinafter provided. It is provided, however, that the first issuance and sale shall be for not less than fifty thousand ($50,000) dollars, and that any bonds which are issued and not sold within eighteen (18) months after the passage of this act shall be canceled.

 

 

 

 

 

 

 

 

 

Bonds of Elko County for state highway, $150,000

 

 

 

 

 

 

 

 

First issue to be $50,000


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

κ1919 Statutes of Nevada, Page 354 (CHAPTER 194)κ

 

 

 

 

 

 

 

Conditions of issue; Humboldt and Washoe must each be bonded for $150,000, when

 

 

 

 

Humboldt and Pershing County to be bonded for $75,000 each

 

 

 

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

“Elko County Highway Fund”

within eighteen (18) months after the passage of this act shall be canceled. All money derived from the sale of the said bonds is to be expended by the county commissioners of said Elko County, and within the bounds of the said county, and under the direction of the department of highways. It is provided, however, that the said county commissioners shall not issue said bonds, or any part thereof, except upon one of the following express conditions:

      (1) That if a new county be not created by the present legislature out of the territory now a portion of Humboldt County, that there shall be enacted as a law, an act or acts which shall provide that the counties of Humboldt and Washoe shall each be bonded for the sum of one hundred fifty thousand ($150,000) dollars, and that the provisions of said act or acts shall be similar in all other respects to this act, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

      (2) That if a new county be created by the present legislature out of territory now a portion of Humboldt County, that there shall be enacted as a law an act or acts which shall provide that the county so created and Humboldt County shall each be bonded for the sum of seventy-five thousand ($75,000) dollars, and Washoe County in the sum of one hundred fifty thousand ($150,000) dollars, and that the provisions of said act or acts shall be similar in all other respects to this act, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada” or as said route 1 may be hereafter designated between the Utah and California lines.

      Sec. 2.  The said board of county commissioners shall cause said bonds 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 the 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 of county commissioners 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 papers published in Elko County for a period of not less than two weeks preceding the date of the opening of said bids; the proceeds of such sale shall be placed in what shall be known as “The Elko County Highway Fund,” which shall be used only for the purpose of carrying out the provisions of this act.


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κ1919 Statutes of Nevada, Page 355 (CHAPTER 194)κ

 

visions 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 five hundred dollars ($500) each; they shall be numbered consecutively and they shall bear interest at the rate of five (5) per cent per annum, said interest 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, 1922, and every twelve months thereafter, fifteen or more of said bonds shall be redeemed and satisfied until all of said bonds so issued shall have been redeemed and satisfied. Said bonds shall be redeemed and satisfied 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 redeemed and satisfied.

      Sec. 5.  For the purpose of creating a fund for the redemption of the said bonds and the payments of the interest thereon, the said board of county commissioners of Elko County shall in the year 1919, and annually thereafter at the time of levying taxes for state and county purposes and in the same manner, levy and collect a special and additional tax upon all property within Elko County sufficient in its judgment to provide for the payment of the interest annually due on said bonds, and the redemption and satisfaction of the bonds, as hereinbefore provided. The said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the county treasury. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said Elko County highway fund, and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The board of county commissioners shall consult with the board of directors of the department of highways and the state highway engineer, and by and with the advice of said board of directors and the state highway engineer, select for construction and improvement, sections of the route which is hereinbefore specified as “Route 1” of the system of state highways, as defined by “An act to provide a general highway law for the State of Nevada,” or as route 1 may hereinafter be designated. By and with the advice of the department of highways, a type and manner of improvement shall be adopted for each section of said route so selected.

      Sec. 7.  Upon the request of the board of county commissioners the department of highways shall cause surveys, plans and specifications to be made of each and every section selected as hereinbefore provided, and the board of county commissioners shall cause to be paid by Elko County, out of funds in the Elko County highway fund, the entire expense thereof upon vouchers certified to by the state highway engineer.

 

 

 

Denomination of bonds; annual interest; redemption

 

 

 

 

 

 

 

Special county tax

 

 

 

 

 

 

 

 

 

 

 

 

Cooperation with state department of highways


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κ1919 Statutes of Nevada, Page 356 (CHAPTER 194)κ

 

Expense of survey by state highway department paid by Elko County

 

Rights of way in name of state

 

Bids for work to be advertised for

 

 

 

 

 

 

Certified checks from bidders

 

Bond from contractor

 

 

Construction must satisfy state highway authorities

Progress payments on construction

sioners the department of highways shall cause surveys, plans and specifications to be made of each and every section selected as hereinbefore provided, and the board of county commissioners shall cause to be paid by Elko County, out of funds in the Elko County highway fund, the entire expense thereof upon vouchers certified to by the state highway engineer.

      Sec. 8.  All necessary rights of way shall be acquired by the board of county commissioners in the name of the State of Nevada, and all expense in connection therewith shall be paid out of the Elko County highway fund.

      Sec. 9.  It shall be the duty of the board of county commissioners to advertise for all work provided for in this act, according to the plans and specifications prepared by the state highway engineer. The advertisement shall be inserted at least once each week for a period of two weeks in two newspapers, one of which shall be published in Elko County and the other having general circulation throughout the state. Such advertisement shall state the place where the plans and specifications may be examined, the time and place where bids will be received, and the time of their opening.

      The board of county commissioners may make such rules and regulations as they may deem best for the requirement of certified checks with the bids, and for the acceptance of bids and for partial payments to the contractor.

      The board of county commissioners is hereby authorized to enter into a contract in the name of Elko County with the successful bidder, and require such bond as they may deem necessary of the contractor for the faithful performance of the work.

      Sec. 10.  A clause shall be inserted in each and every contract that the work is to be done to the satisfaction of the department of highways and the state highway engineer.

      Sec. 11.  The board of county commissioners shall cause to be made progress and final estimates of the work, which shall be the basis for progress and final payments to the contractor. It is provided, however, that before any payments are made to the contractor that such progress and final estimates shall first be approved and certified to by the state highway engineer.

 

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κ1919 Statutes of Nevada, Page 357κ

CHAPTER 195

Chap. 195–An Act to authorize the board of county commissioners of Humboldt County, Nevada, to issue bonds to provide for aid in the improvement of a highway across the county of Humboldt.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of aiding the department of highways of the State of Nevada, in constructing a highway across the county of Humboldt along the line designated as “Route 1” of the system of state highways, as defined by an act to provide a general highway law for the State of Nevada, chapter 169, Statutes 1917, or as it may hereafter be designated, the board of county commissioners of Humboldt County is hereby authorized, empowered, and directed to issue bonds in the name of said Humboldt County in the aggregate sum of one hundred fifty thousand ($150,000) dollars. The said bonds, which shall be known as the “Humboldt County Highway Bonds, Issue of 1919,” shall be issued and sold at such times as may be necessary to take advantage of equal amounts tendered to the department of highways of the State of Nevada, or to Humboldt County, from such sources as hereinafter provided. It is provided, however, that the first issuance and sale shall be for not less than fifty thousand ($50,000) dollars, and that any bonds which are issued and not sold within eighteen (18) months after the passage of this act shall be canceled. All money derived from the sale of the said bonds is to be expended by the county commissioners of said Humboldt County, and within the bounds of the said county, and under the direction of the department of highways. It is provided, however, that the said county commissioners shall not issue said bonds, or any part thereof, except upon one of the following express conditions:

      (1) That if a new county be not created by the present legislature out of the territory now a portion of Humboldt County, that there shall be enacted as a law, an act or acts which shall provide that the counties of Washoe and Elko shall be bonded for the sum of one hundred fifty thousand ($150,000) dollars, and that the provisions of said act or acts shall be similar in all other respects to this act, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

      (2) That if a new county be created by the present legislature out of territory now a portion of Humboldt County, that there shall be enacted as a law an act or acts which shall provide that the county so created and Humboldt County shall each be bonded for the sum of seventy-five thousand ($75,000) dollars, and Elko County in the sum of one hundred fifty thousand ($150,000) dollars, and that the provisions of said act or acts shall be similar in all other respects to this act, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

 

 

 

 

 

 

 

 

 

Authorizing bonds of Humboldt County, $150,000, for state highways

 

 

 

Name of bonds

 

 

 

First issue, $50,000

 

 

 

 

 

 

 

Washoe County and Elko County to be bonded for like amount

 

 

 

 

 

 

Pershing County to be bonded for $75,000; the same for Humboldt County


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κ1919 Statutes of Nevada, Page 358 (CHAPTER 195)κ

 

 

 

 

 

 

 

 

County commissioners to prepare said bonds

 

 

 

 

Negotiation and sale of bonds

Must be advertised

 

 

 

 

 

 

Denomination of bonds; annual interest; redemption

 

 

 

 

 

 

 

Special county tax

shall each be bonded for the sum of seventy-five thousand ($75,000) dollars, and Elko County in the sum of one hundred fifty thousand ($150,000) dollars, and that the provisions of said act or acts shall be similar in all other respects to this act, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

      Sec. 2.  The said board of county commissioners shall cause said bonds 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 the 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 of county commissioners 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 papers published in Humboldt County for a period of not less than two weeks preceding the date of the opening of said bids; the proceeds of such sale shall be placed in what shall be known as “The Humboldt County Highway Fund,” which 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 five hundred dollars ($500) each; they shall be numbered consecutively and they shall bear interest at the rate of five (5) per cent per annum, said interest 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, 1922, and every twelve months thereafter, fifteen or more of said bonds shall be redeemed and satisfied until all of said bonds so issued shall have been redeemed and satisfied. Said bonds shall be redeemed and satisfied 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 redeemed and satisfied.

      Sec. 5.  For the purpose of creating a fund for the redemption of the said bonds and the payment of the interest thereon, the said board of county commissioners of Humboldt County shall in the year 1919, and annually thereafter at the time of levying taxes for state and county purposes and in the same manner, levy and collect a special and additional tax upon all property within Humboldt County sufficient in its judgment to provide for the payment of the interest annually due on said bonds, and the redemption and satisfaction of the bonds, as hereinbefore provided.


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κ1919 Statutes of Nevada, Page 359 (CHAPTER 195)κ

 

due on said bonds, and the redemption and satisfaction of the bonds, as hereinbefore provided. The said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the county treasury. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said Humboldt County highway fund, and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The board of county commissioners shall consult with the board of directors of the department of highways and the state highway engineer, and by and with the advice of said board of directors and the state highway engineer, select for construction and improvement, sections of the route which is hereinbefore specified as “Route 1” of the system of state highways, as defined by “An act to provide a general highway law for the State of Nevada,” or as route 1 may hereinafter be designated. By and with the advice of the department of highways, a type and manner of improvement shall be adopted for each section of said route so selected.

      Sec. 7.  Upon the request of the board of county commissioners the department of highways shall cause surveys, plans and specifications to be made of each and every section selected as hereinbefore provided, and the board of county commissioners shall cause to be paid by Humboldt County, out of funds in the Humboldt County highway fund, the entire expense thereof upon vouchers certified to by the state highway engineer.

      Sec. 8.  All necessary rights of way shall be acquired by the board of county commissioners in the name of the State of Nevada, and all expense in connection therewith shall be paid out of the Humboldt County highway fund.

      Sec. 9.  It shall be the duty of the board of county commissioners to advertise for all work provided for in this act, according to the plans and specifications prepared by the state highway engineer. The advertisement shall be inserted at least once each week for a period of two weeks in two newspapers, one of which shall be published in Humboldt County and the other having general circulation throughout the state. Such advertisement shall state the place where the plans and specifications may be examined, the time and place where bids will be received, and the time of their opening.

      The board of county commissioners may make such rules and regulations as they may deem best for the requirement of certified checks with the bids, and for the acceptance of bids and for partial payments to the contractor.

      The board of county commissioners is hereby authorized to enter into a contract in the name of Humboldt County with the successful bidder, and require such bond as they may deem necessary of the contractor for the faithful performance of the work.

 

 

 

 

 

 

 

Cooperation with state highway department

 

 

 

 

 

 

Surveys by state highway department paid for by county

 

 

 

Rights of way in name of state

 

Bids to be advertised for

 

 

 

 

 

 

Certified checks with bids

 

Bonds from contractors


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κ1919 Statutes of Nevada, Page 360 (CHAPTER 195)κ

 

 

Work to satisfy state highway department

 

Progress payments

deem necessary of the contractor for the faithful performance of the work.

      Sec. 10.  A clause shall be inserted in each and every contract that the work is to be done to the satisfaction of the department of highways and the state highway engineer.

      Sec. 11.  The board of county commissioners shall cause to be made progress and final estimates of the work, which shall be the basis for progress and final payments to the contractor. It is provided, however, that before any payments are made to the contractor that such progress and final estimates shall first be approved and certified to by the state highway engineer.

 

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CHAPTER 196

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Regarding inheritance tax

 

 

 

Compromise, with approval of court

Chap. 196–An Act to amend section 26 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada, to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers, to provide for its collection and to direct the disposition of its proceeds, to provide for the enforcement of liens created by this act, and for suits to quiet title against claims of lien arising hereunder,” approved March 26, 1913.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 26 of the above-entitled act is hereby amended so as to read as follows:

      Section 26.  Whenever an estate charged, or sought to be charged, with the payment of an inheritance tax, is of such a nature or so disposed that the liability of the estate is doubtful, or the value thereon cannot with reasonable certainty be ascertained in the manner provided by this act, the state controller may with the approval of the attorney-general, which approval shall set forth the reasons therefor, compromise with the beneficiaries or representatives of such estate and compound the tax, but all such settlements, compromises, and compositions shall be approved by the district court of the proper county, and after such approval the payment of the amount of the tax so agreed upon shall discharge the lien against the property of the estate.

 

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κ1919 Statutes of Nevada, Page 361κ

CHAPTER 197

Chap. 197–An Act to authorize the board of school trustees of Elko school district No. 1, in the county of Elko, State of Nevada, to issue bonds for the purpose of building and equipping a schoolhouse in said district.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing funds with which to pay for the erection of a suitable school building for said district, and the equipment of the same, the board of trustees of Elko school district No. 1, in Elko County, State of Nevada, is hereby authorized and directed under the provisions of this act to issue interest-bearing bonds of said district in such form and for such period as the board of trustees may direct, for a sum not exceeding seventy-five thousand ($75,000) dollars in United States gold coin, exclusive of interest, said bonds to run for a period not to exceed twenty (20) years from the date of issue.

      Sec. 2.  Said bonds shall be issued in a sum not less than five hundred ($500) dollars each, in gold coin of the United States, and shall be payable to bearer; they shall bear interest at the rate of six per cent (6%) per annum, and the interest thereon shall be paid semiannually. Coupons for each of such installments of interest shall be attached to each of said bonds so that the same may be removed without injury to the bond. The bonds and coupons herein provided for shall be numbered consecutively. Said bonds shall be signed by the president of said board of trustees, attested by the clerk thereof, sealed with the district seal and countersigned by the county treasurer of said Elko County, State of Nevada, and the interest coupons to be attached thereto shall be signed by the original or engraved facsimile signatures of said president, clerk, and treasurer.

      Sec. 3.  Any and all bonds issued under the provisions of this act shall be registered by the county treasurer of Elko County, in a book kept in his office for that purpose, which registry shall show the name of the school district, the amount, the time of payment, and rate of interest. All such bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act. After such registry, the county treasurer, on order of the board of school trustees of said district shall cause all bonds to be delivered to the purchaser or purchasers thereof, upon payment being made him therefor.

      Sec. 4.  The principal of said bonds shall be payable annually in such sum as said board of trustees may direct, commencing with the first day of July, 1920.

      Sec. 5.  The board of trustees of said Elko school district No. 1 is hereby authorized to negotiate the sale of said bonds, by advertising for sealed proposals or by private sale, as they may deem for the best interest of the school district; provided, that no bonds shall be sold for less than their par value, and the bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

 

 

 

 

 

 

 

 

 

Bonds for schoolhouse in Elko school district No. 1, Elko County; $75,000

 

 

 

 

Denomination and interest

 

 

 

 

 

 

 

 

 

Bonds to be registered by county treasurer

 

 

 

 

 

 

Redemption begins July 1, 1920

School trustees to negotiate bonds


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κ1919 Statutes of Nevada, Page 362 (CHAPTER 197)κ

 

 

 

 

 

County treasurer custodian of moneys

 

 

 

 

 

School trustees to authorize auditor’s warrant

Special annual tax on property in school district for interest

 

 

 

 

 

 

 

 

 

 

 

 

 

Same for redemption of bonds

by advertising for sealed proposals or by private sale, as they may deem for the best interest of the school district; provided, that no bonds shall be sold for less than their par value, and the bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin.

      Sec. 6.  All moneys received from the sale of said bonds shall be paid to the county treasurer of Elko County, and the county treasurer is hereby required to receive and safely keep the same in a fund to be known as Elko school district No. 1 building fund, and to pay out the money only on warrant issued by the county auditor. The county treasurer shall be liable on his official bond for the safe-keeping of said moneys which shall come into his hands and for the faithful discharge of his duties in relation thereto.

      Sec. 7.  The auditor’s warrant on the treasurer referred to in section 6 hereof, shall be drawn only after and upon order drawn and signed by the board of trustees of said Elko school district No. 1, upon the county auditor of Elko County.

      Sec. 8.  For the purpose of providing for the payment of the interest upon said bonds, the board of county commissioners of said Elko County are hereby authorized and required at the time of the annual levy of taxes for state and county purposes for the year 1919, and annually thereafter, to levy and assess a special tax on all the taxable property in said Elko district No. 1, in an amount sufficient to pay the interest upon said bonds promptly when and as the same becomes due according to the tenor and effect of said bonds. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes, shall be paid into the county treasury, and shall be kept by said county treasurer in a fund to be known as Elko school district No. 1 bond interest fund, and the money in said fund shall be disbursed by said treasurer in payment of the interest upon said bonds as the same becomes due, upon presentation and surrender by the holder of the coupon therefor; and if there shall be any surplus after paying said interest and the expenses of collecting such special tax, the treasurer shall, without delay, pass the same to the credit of said Elko school district No. 1, and such funds so passed to the credit of said district shall be subject to the disposal of the board of school trustees thereof.

      Sec. 9.  To provide for the payment of the bonds herein authorized to be issued, the said board of county commissioners of Elko County, shall in the year 1919, and annually thereafter, levy a special and additional tax, and shall cause said special tax to be collected, on all the taxable property situate in said Elko school district No. 1, sufficient to raise the sum necessary to pay, redeem and discharge, according to the tenor and effect thereof, the bonds that year falling due, which said tax shall be assessed and collected the same as other taxes, paid to the county treasurer and by him assigned to a fund known as the Elko school district No.


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κ1919 Statutes of Nevada, Page 363 (CHAPTER 197)κ

 

to the tenor and effect thereof, the bonds that year falling due, which said tax shall be assessed and collected the same as other taxes, paid to the county treasurer and by him assigned to a fund known as the Elko school district No. 1 bond sinking fund, and shall be used only in the payment of such bonds. At the maturity of such bonds and at their place of payment, the county treasurer shall cause such bonds and accrued interest thereon to be paid and duly cancel the same, and certify his actions to the board of trustees of said Elko school district No. 1.

      Sec. 10.  No bond or coupon herein provided for shall draw interest after the date the same shall become due and payable. Said bonds shall mature in their numerical order and beginning the first day of July, 1920, according to the tenor and effect of said bonds, until all are paid.

      Sec. 11.  As, and when the bonds herein provided for shall be redeemed, the county treasurer shall mark the same “Paid” across the face thereof, with his signature and the date of payment, turn the same over to the county auditor, taking his receipt therefor, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 12.  All bonds and the interest coupons issued hereunder, shall be payable at the office of the county treasurer of Elko County, at Elko, Nevada.

      Sec. 13.  Whenever, at the end of any fiscal year there shall remain any money in said bond interest fund, after paying the interest on said bonds, as provided for in section 8 of this act, the money so remaining shall be transferred by the county treasurer from the bond interest fund to Elko school district No. 1 general fund.

      Sec. 14.  Whenever the bonds and interest herein provided for shall have been paid, the tax authorized by this act shall cease and all moneys remaining in said bond sinking fund shall be transferred to Elko school district No. 1 general fund.

      Sec. 15.  If the amount of the tax levied upon the property within the said Elko school district No. 1, shall at any time be insufficient to pay the interest on said bonds, and provide for their retirement as hereinbefore provided, the board of county commissioners of said Elko County is hereby required to levy and collect annually, a special tax on the assessed valuation of all property, real and personal, subject to taxation within the boundary of said Elko County, and continue such levy from year to year, to meet any deficit which may occur in said Elko school district No. 1 bond sinking fund, and the faith and credit of Elko County is hereby obligated to the prompt and ready payment of said bonds and the interest thereon, according to the terms, conditions, and tenor thereof.

      Sec. 16.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed omitted until all the bonds and coupons issued thereunder shall have been paid in full, as in this act specified.

 

 

 

 

 

 

 

Interest ceases, when

 

 

 

County treasurer to cancel paid bonds

 

 

Payable at office of county treasurer

Residue reverts to district school fund

 

 

Same

 

 

Additional special county tax, when

 

 

 

 

 

 

 

 

Faith of state pledged


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κ1919 Statutes of Nevada, Page 364 (CHAPTER 197)κ

 

 

thereby imposed omitted until all the bonds and coupons issued thereunder shall have been paid in full, as in this act specified.

 

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CHAPTER 198

 

 

 

 

 

 

 

State board of professional engineers; military engineers excepted

Five members appointed by governor; oath; terms of office

 

 

 

Vacancies, how filled

 

 

Different professions specified

 

Professional engineering defined

 

 

Office in Reno

 

Powers and duties of board

Chap. 198–An Act to provide for a state board of registered professional engineers.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  By June 1, 1919, the governor shall appoint five (5) persons, all of whom shall be engaged in the practice or teaching of professional engineering in any of its branches except military, and who shall constitute a board of registered professional engineers.

      The members of such board shall, within thirty (30) days after their appointment, take and subscribe to the oath of office as prescribed by the laws of Nevada, and file the same with the secretary of state. They shall hold office for four (4) years, and until their successors are appointed and qualified; save and except that the members of the board first to be appointed under this act shall hold office one for one (1) year, one for two (2) years, one for three (3) years and two for four (4) years.

      Any vacancies that may occur from any cause shall be filled by the governor for the unexpired term; provided, that all appointments made after the first year must be made from the roll of certificates issued and on file in the office of the secretary of state. The members of the board shall, as far as practical, consist of one (1) member of the following engineering professions: Mining, hydraulic, electric, civil or highway and mechanical.

      Sec. 2.  A person practices professional engineering within the meaning of this act who practices any branch of the profession other than military engineering. The practice of professional engineering involves the control of forces of nature and the utilization of materials and these forces for the benefit of man.

      Sec. 3.  The state board of registered professional engineers shall have its principal office in the city of Reno, and its powers and duties shall be as follows:

      1.  To formulate rules for the government of the board and for the examination of and granting of certificates of qualification to persons applying therefor.

      2.  To hold written examinations of applicants for such certificates, at least every six months, at such places as circumstances and applications may warrant.

      3.  To grant certificates of qualification to such applicants as may, upon examination, be found qualified in the theory and practice of the special line of engineering that application is made for, to practice as registered professional engineers.


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

κ1919 Statutes of Nevada, Page 365 (CHAPTER 198)κ

 

as may, upon examination, be found qualified in the theory and practice of the special line of engineering that application is made for, to practice as registered professional engineers.

      4.  To charge and collect from all applicants such fee, not exceeding $15, as may be necessary to meet the expense of examination, issuance of certificates and conducting its office; provided, that all such expenses, including traveling and hotel expenses of its members while attending the sessions of the board or conducting examinations, must be paid from the current receipts, and no portion thereof shall be paid from the state treasury.

      5.  To require the annual renewal of all certificates, and to collect therefor a renewal fee of not exceeding $2.50.

      6.  To revoke for cause any such certificate, after written notice to the holder, and a hearing being held thereon.

      7.  To report annually to the secretary of state, on or before December 1, all such certificates issued or renewed, together with a detailed statement of receipts and disbursements; provided, that any balance remaining in excess of the expenses incurred, may be retained by the board and used in defraying the future expense thereof.

      8.  All persons who have been actively engaged in the profession of engineering for six years, or who have a diploma from some recognized college or university and have had four (4) years active practice in engineering and who have in either case been two (2) years in charge of important engineering work as principal or assistant shall not require an examination, if application is made in writing within six months after the passage of this act.

      Sec. 4.  The board shall appoint one of its members as chairman, who shall serve without pay, and one of its members as secretary and treasurer, who shall be paid a salary out of the funds of the board not to exceed $200 per year. The chairman and secretary shall each serve two years, but the secretary first appointed shall serve only one year. At any meeting three (3) members shall constitute a quorum.

      Sec. 5.  Any citizen of the United States or any person who has duly declared his intention of becoming such citizen, being over the age of 21 years, and of good moral character, may apply to the state board of registered professional engineers for examination under its rules. The examinations shall be in English and its scope as prescribed by the board. Upon the passing of a satisfactory examination, a certificate shall be issued, signed by the chairman and secretary, and during the period of its existence, or any renewal thereof, he shall be styled and known as a registered professional engineer, and no other person shall be permitted to assume and use such title or to use any words, letters, or figures to indicate that the person using the same, is a certified engineer.

      Sec. 6.  Any person violating any of the provisions of this act shall be guilty of a misdemeanor,

Powers and duties of board of professional engineers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Officers

 

 

 

Quorum

Examination of applicants for certificate


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

κ1919 Statutes of Nevada, Page 366 (CHAPTER 198)κ

 

Penalty for violation of act

this act shall be guilty of a misdemeanor, and shall upon conviction be fined not less than twenty-five ($25) dollars, nor more than one hundred ($100) dollars, for the first offense and not less than fifty ($50) dollars, nor more than five hundred ($500) dollars for each subsequent offense.

 

________

 

CHAPTER 199

 

 

 

 

 

 

 

 

 

 

Amending Reno charter

 

 

 

Assistant chief of fire department; duties; salary

Chap. 199–An Act to amend section 7 of article 10 of an act entitled “An act to incorporate the town of Reno and to establish a city government therefor,” approved March 16, 1903, as amended March 13, 1905, and further amended March 24, 1913.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of article 10 of an act entitled “An act to incorporate the town of Reno and to establish a city government therefor,” approved March 16, 1903, as amended March 13, 1905, and as further amended March 24, 1913, is hereby amended so as to read as follows:

      Section 7.  The chief of the fire department may, with the consent of and subject to the confirmation of the city council, appoint an assistant chief of the fire department, who shall have all the powers and duties of the chief, during the absence or inability of such chief to act. The salary of such assistant and all firemen shall be fixed by ordinance. The chief of the fire department shall receive a salary in the sum of twenty-one hundred ($2,100) dollars per annum.

 

________

 

CHAPTER 200

 

 

 

 

 

 

 

 

 

 

 

Commission form of government for towns and cities

Chap. 200–An Act to amend section 1 of an act entitled “An act to provide for the commission form of government for cities and towns,” approved March 22, 1915.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  Any city or town in the State of Nevada may adopt the commission form of government and frame its own charter therefor. By a “commission form of government,” as used in this act, is meant any form of municipal government not contrary to the constitution and laws of the United States, under which both legislative and administrative authority is exercised by the same governing body, members of which are elected by the qualified electors of such city or town.

 

________

 

 


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

κ1919 Statutes of Nevada, Page 367κ

CHAPTER 201

Chap. 201–An Act to amend certain sections of an act entitled “An act fixing the compensation of the county officers of Elko County, Nevada, and repealing all acts and parts of acts in conflict herewith,” approved March 23, 1917.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act is hereby amended so as to read as follows:

      Section 5.  The county recorder in and for the county of Elko, State of Nevada, and as ex officio auditor, shall receive the sum of twenty-seven hundred ($2,700) dollars per annum as compensation for all his services as such officer; he shall pay into the county treasury of said county all moneys collected by him as fees. The county recorder and ex officio auditor may appoint one deputy, who shall receive a salary of eighteen hundred ($1,800) dollars per annum, and one deputy who shall receive a salary of twelve hundred ($1,200) dollars per annum, and shall have such other deputies as the board of county commissioners deem necessary.

      Sec. 2.  Section 8 of the above-entitled act is hereby amended so as to read as follows:

      Section 8.  Each of the county commissioners of Elko County, Nevada, shall receive a salary of twelve hundred ($1,200) dollars per annum, and mileage as now allowed by law, for all his services as such officer.

      Sec. 3.  Section 9 of the above-entitled act is hereby amended so as to read as follows:

      Section 9.  All salaries herein provided for shall be payable monthly in twelve (12) equal installments. This act shall be effective on the first Monday in January, 1921.

 

 

 

 

 

 

 

 

 

Certain salaries of Elko County officers

Recorder and auditor

 

 

 

Deputies

 

 

 

 

 

County commissioners

 

 

 

 

Salaries paid monthly

Effective Jan. 1921

 

________

 

CHAPTER 202

Chap. 202–An Act authorizing the issuance and sale of bonds of the county of Humboldt, State of Nevada, for the purpose of the construction of a courthouse at the county-seat of said county and other matters relating thereto.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Humboldt County, Nevada, is hereby authorized and empowered to issue negotiable coupons bonds of said county for an amount not to exceed $150,000, exclusive of interest, and to cause said bonds to be prepared and issued.

      Sec. 2.  Such bonds shall be signed by the chairman of the board of county commissioners and by the county clerk of Humboldt County, and be countersigned by the county treasurer of Humboldt County.

 

 

 

 

 

 

 

 

 

Bonds of Humboldt County, $150,000, authorized

 

Preparation of bonds


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

κ1919 Statutes of Nevada, Page 368 (CHAPTER 202)κ

 

 

 

 

 

 

County clerk to keep record

 

 

 

Courthouse to be built by money from said bond sale

 

 

 

 

 

 

Denomination; interest; life; redemption

 

 

 

 

 

 

County treasurer custodian of moneys

 

 

 

 

County treasurer liable

treasurer of Humboldt County. Interest coupons shall be attached to each bond so that the same may be removed without injury to the bonds. Said coupons shall be consecutively numbered, signed by the chairman of the said board of county commissioners and by the county clerk of said county and the county treasurer of said county, or their facsimile signatures lithographed thereon.

      Sec. 3.  The clerk of said board of county commissioners shall keep an accurate and full record of all proceedings under the provisions of this act and shall keep a record showing the number, amount, and date of each bond and to whom sold. The county treasurer of Humboldt County shall, in like manner and form, keep a record of such bonds.

      Sec. 4.  The board of county commissioners of said Humboldt County is hereby authorized and directed to negotiate the sale of said bonds, or so much thereof as may be necessary for the purpose of carrying out the provisions of this act, and particularly for the purpose of preparing ground for the construction of, and constructing and completing a county courthouse, in Winnemucca, Humboldt County, Nevada; said bonds shall be sold at public sale after notice for sealed proposals for the purchase of said bonds has been advertised for not less than three consecutive weeks in a newspaper of general circulation in Humboldt County. Said board may reject any and all bids and no bonds shall be sold for less than par.

      Sec. 5.  Said bonds shall be known as the Humboldt County courthouse bonds, and shall be in denomination of $1,000 each. They shall be consecutively numbered, commencing with number 1, and shall bear interest at the rate of not to exceed six per cent per annum. Said interest shall be payable semiannually on the first day of July and January of each year. Said bonds shall run for a period of not to exceed fifteen years and ten of said bonds shall be redeemed annually, commencing on the first day of July, 1921, until all of said bonds shall have been redeemed and retired. Said redemption and cancelation of bonds shall be in order of their issuance and number.

      Sec. 6.  All money derived from the sale of said bonds shall be paid to the county treasurer of said Humboldt County, who shall receive and safely keep the same in a fund to be known as the Humboldt County courthouse fund, and moneys shall be paid out of said fund to pay for the preparation of the ground for the construction and the construction and completion of the said courthouse and for the other purposes provided for in this act.

      Sec. 7.  The county treasurer of Humboldt County shall be liable upon his official bond for the safe-keeping of all moneys that shall come into his hands under the provisions of this act and for the faithful discharge of all of his duties in relation thereto.


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

κ1919 Statutes of Nevada, Page 369 (CHAPTER 202)κ

 

      Sec. 8.  For the purpose of creating a fund for the payment of the bonds to be issued under this act and the interest thereon, the board of county commissioners of Humboldt County is hereby authorized and directed to levy and collect, or cause to be collected, annually until all said bonds and interest thereon shall have been fully paid, a special tax on all property, real and personal, including net proceeds of mines, subject to taxation, within the boundaries of said county, sufficient to pay the interest on said bonds and to pay and redeem ten of said bonds annually as provided herein, and to continue so to do until all of said bonds have been fully paid and redeemed. Such tax 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 in a special fund to be known as Humboldt County courthouse bond, interest and redemption fund.

      Sec. 9.  It shall be the duty of the county treasurer to use the money in said fund mentioned in section 8 of this act to pay the interest on said bonds and to redeem said bonds as they severally become due. Whenever any bonds or interest coupons shall be redeemed or paid, the county treasurer shall cancel the same by writing across the face thereof “Paid,” together with the date of payment, and sign his name thereto and deliver the same to the auditor of Humboldt County, taking his receipt therefor.

      Sec. 10.  Whenever the bonds and interest provided for by this act shall have been fully paid, the tax authorized hereby shall cease, and all moneys remaining in said fund shall be by order of the board of county commissioners, transferred to the general fund of Humboldt County for the payment of legal claims.

      Sec. 11.  Interest on all bonds issued under this act shall be payable at the office of the county treasurer of Humboldt County, Nevada, at Winnemucca, Nevada, and should any holder of any bond or bonds fail to present said bonds to the county treasurer of Humboldt County for payment as the same become due, all interest on said bonds shall thereafter immediately cease.

      Sec. 12.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and interest coupons issued under and by virtue of this act shall have been paid in full as in this act specified.

Special annual county tax

 

 

 

 

 

 

 

 

 

 

County treasurer to pay and cancel bonds

 

 

 

 

Tax ceases, when

 

 

 

Interest ceases, when

 

 

 

 

Faith of state pledged

 

________

 

 


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

κ1919 Statutes of Nevada, Page 370κ

CHAPTER 203

 

 

 

 

 

 

 

 

 

 

 

 

Eight-hour day for all employees of state or its political subdivisions; also for all employees on public works

 

 

 

 

 

 

 

 

Public officials and certain others excepted

 

 

 

All contracts must contain provision for eight-hour day

Chap. 203–An Act to limit the hours of labor of persons employed by the state, county and municipal governments, and of persons employed by contractors, subcontractors or other persons in the performance of a public work; requiring a condition limiting the hours of labor in all contracts for public work; fixing penalties for the violations of this act, and other matters properly relating thereto.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The services and employment of all persons, except as otherwise provided herein, who are now, or may hereafter, be employed by the State of Nevada, or by any county, city, town, township, or any other political subdivision thereof, or by any contractor, subcontractor or other person having a contract with the State of Nevada, or with any county, city, town, township, or any other political subdivision thereof, for the performance of public work, is hereby limited and restricted to not more than eight hours in any one calendar day and not more than fifty-six hours in any one week; and it shall be unlawful for any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, or any contractor, subcontractor or other person having a contract as herein provided, whose duty it shall be to employ, direct or control the services of such employees, to require or permit such employees to work more than eight hours in any one calendar day or more than fifty-six hours in any one week, except in cases of emergency where life or property is in imminent danger; provided, nothing in this act shall apply to officials of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, or to employees thereof who are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to deputy sheriffs or jailers.

      Sec. 2.  Every contract made with the State of Nevada or with any county, city, town, township, or any other political subdivision thereof, shall contain a condition that no person shall be employed for more than eight hours in any one day or more than fifty-six hours in any one week, except in cases of emergency where life or property is in imminent danger, and in such emergency cases the person required to work over eight hours per day or fifty-six hours per week shall be paid regular wages for all overtime; every such contract herein referred to shall also contain a condition that the contract may be canceled at the election of the State of Nevada or of any county, city, town, township, or other political subdivision thereof, which is concerned, for any failure or refusal on the part of the contractor to faith fully perform the contract according to its terms as herein provided.


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

κ1919 Statutes of Nevada, Page 371 (CHAPTER 203)κ

 

fully perform the contract according to its terms as herein provided.

      Sec. 3.  Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, or any contractor, subcontractor or other person, whose duty it shall be to employ, direct or control the services of an employee covered by this act, who shall violate any of the provisions of this act as to the hours of employment of labor as herein provided, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine not to exceed three hundred ($300) dollars, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof.

      Sec. 4.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

 

Penalty for violation

 

 

 

 

 

 

 

 

Repeal

 

________

 

CHAPTER 204

Chap. 204–An Act authorizing the board of county commissioners of Churchill County, State of Nevada, to issue bonds for the purpose of assisting owners and entrymen of agricultural lands in said county in the leveling of such lands and in placing the same under cultivation; providing for the sale of such bonds; providing for the disbursement, reimbursement, collection and disposition of the moneys received from the sale of such bonds and other moneys; and providing for the payment of such bonds.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Churchill County, State of Nevada, is hereby authorized, under the provisions of this act, to prepare and issue bonds of said county bearing interest at the rate of three per centum per annum from the date thereof, in the sum of two hundred forty thousand dollars, payable in gold coin of the United States. The said bonds shall be issued in the sum of one thousand dollars each; they shall be numbered from 1 to 240, consecutively; they shall be signed by the chairman of the board of county commissioners, attested by its clerk, sealed with the seal of the county and countersigned by the county treasurer; and each of the interest coupons attached to said bonds shall be signed by the original or engraved facsimile signature of the county treasurer. The interest on said bonds shall be payable semiannually.

      Sec. 2.  On the first day of July, 1924, and annually thereafter until all bonds issued under the provisions of this act shall have been paid and redeemed, fifteen of such bonds, together with the interest thereon, shall be paid and redeemed by the county treasurer of Churchill County;

 

 

 

 

 

 

 

 

 

 

 

 

 

Churchill County bonds, $240,000, authorized

 

 

 

 

 

 

Semiannual interest

 

Redemption of said bonds


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

κ1919 Statutes of Nevada, Page 372 (CHAPTER 204)κ

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners to negotiate sale of said bonds

 

 

 

 

Register of bonds kept by county treasurer

 

 

 

County treasurer custodian of moneys

by the county treasurer of Churchill County; provided, that said bonds shall severally be subject to redemption in their numerical order on any interest-payment date prior to maturity, at the option of the board of county commissioners of said county, as follows, to wit: Whenever there shall be sufficient moneys available therefor, as provided in section 10 of this act, the said board of county commissioners may by resolution declare its intention to pay and redeem one or more of said bonds, specifying the same by number, at the interest-payment date thence next succeeding, and the said board shall thereupon cause notice of its declared intention so to do to be mailed to the holder or holders of the bonds so to be redeemed, if the identity and whereabouts of such holder or holders be known, not less than thirty days prior to the date of such intended redemption, otherwise such notice shall be published at least once a week for a period of four weeks prior to such date in a newspaper of general circulation published in said Churchill County, if there be one, otherwise in a similar newspaper published elsewhere in the State of Nevada; and should the holders or holder of any bond or bonds issued under this act, for any cause whatever, fail to present the same to the county treasurer of said county for payment in accordance with any such resolution and notice, or at maturity in the absence of such resolution and notice, all interest thereon shall thereupon immediately cease.

      Sec. 3.  The board of county commissioners of said county is hereby authorized to negotiate the sale of said bonds, and to sell the same, in such amount or amounts and at such time or times, either with or without notice, as it shall deem for the best interests of the county and as the moneys derived from the sale thereof may be required in order to carry out the purposes of this act; provided, that no bond shall be sold for less than its par value plus the amount of accrued interest thereon at the time of sale.

      Sec. 4.  Before delivery thereof said bonds shall be registered by the county treasurer in a book kept for that purpose in his office, which shall show the amount, the place and time of payment, and the rate of interest; and said bonds shall bear the certificate of the county treasurer to the effect that they are issued and registered under the provisions of this act.

      Sec. 5.  All moneys derived from the sale of said bonds shall be paid to the county treasurer, who is hereby required to receive and safely keep the same in a fund hereby created, to be known as the “Reclamation Fund,” and to pay out said moneys upon the order of the board of county commissioners for the purposes specified in this act.

      Sec. 6.  The board of county commissioners of said county is hereby authorized to use the moneys derived from the sale of said bonds, or such portion thereof as they may deem advisable, in assisting bona-fide owners and entrymen of agricultural lands in said county in the leveling of such lands and in placing the same under cultivation, under such regulations as said board may adopt in conformity with the spirit of this act.


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

κ1919 Statutes of Nevada, Page 373 (CHAPTER 204)κ

 

agricultural lands in said county in the leveling of such lands and in placing the same under cultivation, under such regulations as said board may adopt in conformity with the spirit of this act. Such assistance shall be in the nature of loans made to such owners and entrymen from said “Reclamation Fund,” and the said board is hereby authorized and required in every case where such loan is made to secure the repayment thereof by a first lien for the amount of such loan upon the land embraced within the farm unit or legal subdivision in which the land so to be leveled and placed under cultivation, as specified in the application for such loan, is situated; provided, that such loans may be made upon lands against which there may exist unpaid “construction” charges for irrigation or drainage under a United States reclamation project or an irrigation or drainage district, in case the lien of Churchill County therefor upon such premises shall be coextensive and coincident with the lien for such unpaid “construction” charges, to the end that neither shall have precedence or priority over the other.

      Sec. 7.  No loan shall be made from said “Reclamation Fund” except for the purpose of placing under cultivation lands not leveled at the time of making application for such loan, nor shall any loan be made in an amount exceeding the cost of leveling such lands, and the amount which may be loaned for leveling any one acre shall not exceed fifty dollars; provided, that upon the unanimous vote of the members of the board of county commissioners, in the case of lands unusually difficult to level and which, when leveled and placed under cultivation, will in the judgment of the board be of exceptional value, such loans may be made in an amount not to exceed seventy-five dollars per acre. No money shall be advanced upon any application for a loan hereunder until the land specified therein shall have been leveled and seeded nor until it shall have been demonstrated to the satisfaction of the board that it can be properly irrigated and that all work in connection with the land has been performed in conformity with the general scheme of reclamation, irrigation and drainage obtaining in the district in which such land is situated.

      Sec. 8.  In making loans under the provisions of this act, and in providing for the repayment of the same, the board of county commissioners may proceed independently or in cooperation with the United States or the State of Nevada, and reimbursement of all loans shall be upon such plan or by such method as the board may adopt, and at such time or times as the board may require. The moneys so loaned shall be repaid in annual installments, commencing at a time to be fixed by the board, but not later than July 1, 1923, and the whole amount thereof shall mature and be paid as the board may direct, but in any event prior to July 1, 1938.

Purpose of said bonds to assist entrymen in leveling and placing land under cultivation

Loans secured by first lien

 

Proviso

 

 

 

 

 

 

Loans limited to $50 per acre

 

 

Exception; $75 maximum

 

 

 

Further conditions

 

 

 

 

Method of procedure; all loans must be repaid by July 1, 1938


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

κ1919 Statutes of Nevada, Page 374 (CHAPTER 204)κ

 

Annual special assessments and taxes

 

 

 

 

 

 

 

 

 

 

 

 

Certain funds established

 

 

 

 

 

 

 

 

 

 

Duties of county commissioners regarding loans

      Sec. 9.  Whenever any bonds shall be issued in pursuance of the provisions of this act, such bonds shall constitute a lien upon all the taxable property of the said county of Churchill, and the board of county commissioners shall annually order special assessments to be levied, assessed and collected against each and every tract and parcel of land upon the security of which any loan or loans hereunder shall have been made, at the time and in the manner that other taxes are levied, assessed and collected, sufficient to cover the annual installments of principal or interest or both due on all outstanding loans theretofore made thereon under the provisions of this act as they become due and payable until such loans shall have been fully paid; and for a failure to pay the same the property against which any such special assessment shall have been so levied or assessed shall be subject to sale at the same time, in the same manner and subject to the same conditions as for failure to pay other county taxes. No property shall be discharged from any lien imposed upon the same by virtue of any loan made under the provisions of this act until such loan shall have been fully paid.

      Sec. 10.  All moneys received by the county in the course of the repayment of loans made or of the collection of taxes assessed under the provisions of this act shall be by the county treasurer kept in a fund hereby created, to be known as the “Reclamation Bond Redemption Fund,” and the county treasurer shall cause the interest on said bonds to be always promptly paid from said fund upon the surrender of the interest coupons to him as they severally become due, and shall pass to the credit of the “Reclamation Expense Fund” the moneys belonging therein as provided in section 11 of this act; and whenever there shall be a surplus then remaining in said fund in excess of the amount required for the payment of interest on said bonds, it shall be the duty of the board of county commissioners to order the redemption and payment of so many of said bonds as the amount of the surplus in said fund shall permit, in the manner provided in section 2 of this act.

      Sec. 11.  For the purpose of securing moneys for the payment of the necessary expenses in connection with said loans and for other things which in the judgment of the board may be required in carrying out the purposes of this act, as well as for the reimbursement of said county for the amount of any interest which it may be required to pay on said bonds at times when any part of the proceeds of such bonds shall not have been drawing interest, the board of county commissioners is hereby authorized to charge and collect on said loans a rate of interest not in excess of five per centum per annum; and a sum equal to the difference between the amount of interest paid and accrued upon the bonds issued and sold hereunder, on the one hand, and the amount of interest earned by said loans, taking into consideration the amount of such loans, the time which the same shall have run and the rate of interest charged thereupon, on the other hand, shall be available for the purposes aforesaid.


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

κ1919 Statutes of Nevada, Page 375 (CHAPTER 204)κ

 

such loans, the time which the same shall have run and the rate of interest charged thereupon, on the other hand, shall be available for the purposes aforesaid. The board of county commissioners may also require every applicant for a loan hereunder to pay an application fee of not to exceed two per centum of the amount of the loan for which application is made, and may retain from such fee two per centum of the amount of any loan made thereunder or in any event one-half of the amount of such application fee; and the amount of all such application fees so retained shall likewise be available for the purposes in this section above mentioned. For the purpose of paying the initial expenses of carrying this act into effect, the board of county commissioners is hereby authorized to appropriate not to exceed five hundred dollars from the general fund of said county, which shall be repaid to said general county fund as soon as there shall be sufficient moneys therefor which may be available for the payment of the expenses aforesaid and not otherwise required. The board shall require the moneys available for the purposes aforesaid to be kept in a fund separate and distinct from other county moneys, to be known as the “Reclamation Expense Fund,” and no such expenses shall be paid or incurred in excess of the amounts authorized by this section or of the amount of the balance which may be on hand in said “Reclamation Expense Fund”; and should there at any time be a surplus remaining in said fund it shall be transferred to the “Reclamation Bond Redemption Fund” and in such event subsequent special assessments as provided for in section 9 of this act may be proportionately reduced in amount by virtue thereof.

      Sec. 12.  It shall be the duty of all public officers of Churchill County to perform such services in connection with the carrying out of the purposes of this act as the board of county commissioners may direct, without further compensation than is now or may hereafter be provided by law in connection with their respective offices; and, subject to the provisions of section 11 of this act, the board of county commissioners may appoint and fix the compensation of such additional engineers, appraisers and other employees, and may incur such other expenses as in their judgment may be required to carry out the purposes of this act, all of which shall be payable only out of said “Reclamation Expense Fund.”

      Sec. 13.  The board of county commissioners is hereby further authorized, in connection with its procedure under section 9 of this act, and to the same extent, in the same manner and with like effect at the request of the United States or of the State of Nevada, to undertake the collection of any and all unpaid “construction” charges referred to in section 6 hereof, or of the amount of any and all loans made in cooperation with said board under the provisions of this act, under such regulations as the board may adopt governing the same.

Duties of county commissioners regarding loans

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of Churchill County officers

 

 

 

 

 

 

 

To collect for U. S., when


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

κ1919 Statutes of Nevada, Page 376 (CHAPTER 204)κ

 

 

State boards and commissions may purchase said bonds

 

 

General authority of county commissioners

 

Special annual ad valorem tax

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

County treasurer liable

 

 

Faith of state pledged

 

 

 

Transfers authorized

of this act, under such regulations as the board may adopt governing the same.

      Sec. 14.  Any and every board and commission of the State of Nevada now existing or which may hereafter be created, charged with authority to loan or invest public moneys, is hereby authorized to purchase at par plus accrued interest all or any part of the said bonds, using therefor any of such moneys not otherwise appropriated or reserved.

      Sec. 15.  The board of county commissioners of said county is hereby authorized to perform such acts and make such rules and regulations as it may deem necessary or proper to carry this act into full force and effect.

      Sec. 16.  The board of county commissioners shall annually levy and assess on all the taxable property of said county, including net proceeds of mines, a special ad valorem tax for such amount as shall be necessary or sufficient to pay the interest semiannually as it shall accrue on each and every bond issued under the provisions of this act and also to pay the principal of such bonds as they severally become due, until all of said bonds with the interest shall have been fully paid. Such tax shall be levied, assessed and collected at the same time and in the same manner as other taxes are levied, assessed and collected, and the proceeds thereof shall be kept by the county treasurer in the said “Reclamation Bond Redemption Fund” and the same shall be paid out as hereinbefore provided in this act for payment from said fund; provided, however, that all money in said “Reclamation Bond Redemption Fund” shall first be appropriated and used for paying and discharging the principal and interest on said bonds and that no such ad valorem tax shall be so levied in any year when, at the time of levying taxes in such year, there shall be in said “Reclamation Bond Redemption Fund” sufficient moneys available for the payment of all principal and interest which may become due before taxes for a future year would be due and payable.

      Sec. 17.  The county treasurer shall be liable on his official bond for the safe-keeping of the moneys which shall come into his possession under the provisions of this act and for the faithful discharge of all his duties hereunder.

      Sec. 18.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full as in this act provided.

      Sec. 19.  The board of county commissioners may at any time and from time to time transfer such moneys as they may see fit from the “Reclamation Fund” to the “Reclamation Bond Redemption Fund”; and should any moneys remain in said “Reclamation Bond Redemption Fund” after payment of all of said bonds, the county treasurer shall without delay pass the same to the credit of the general fund of said county.


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

κ1919 Statutes of Nevada, Page 377 (CHAPTER 204)κ

 

out delay pass the same to the credit of the general fund of said county.

      Sec. 20.  The board of county commissioners may make such arrangements as may be proper for the payment of interest which may become payable on said bonds prior to the time when the same may be collected by taxes levied and assessed as hereinbefore provided, and in the absence of other arrangements may pay the same or any part thereof out of the general county fund.

 

Payment of interest provided for

 

________

 

CHAPTER 205

Chap. 205–An Act to amend section 8 of an act entitled “An act concerning juries,” approved March 5, 1873, and as amended and approved March 14, 1879, and February 8, 1881, and March 16, 1915, being section 4931 of the Revised Laws of Nevada, 1912.

 

[Approved March 29, 1919]

 

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, being section 4931 of the Revised Laws of Nevada, 1912, is hereby amended to read as follows:

      Section 8.  It shall be the duty of the district judge and any one of the county commissioners of the county, as often as the public interest may require, to select from the qualified jurors of the county (whether their names are or are not upon the list selected by the board of county commissioners) twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order; provided, that if the district judge deems proper he may direct any one of the county commissioners of the county and the clerk to select the grand jurors, and such county commissioner and clerk, if the judge so directs, shall select from the said qualified jurors twenty-four persons as grand jurors. If the judge directs the grand jurors to be selected by one of the county commissioners and the clerk, the judge must make and file with the clerk an order designating the name of such county commissioner, and the judge shall in said order fix the time when said grand jurors shall be required to appear; and if from any cause such county commissioner and clerk should fail to select the grand jurors, the judge and any one of the county commissioners may, at any time, select the same. A list of the names so selected as grand jurors shall be made out and certified by the officers making such selection and be filed in the clerk’s office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons so drawn as grand jurors to attend in court at such time as the judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury.

 

 

 

 

 

 

 

 

 

 

Amending jury law

 

Mode of selecting grand jury

 

 

 

 

County clerk and county commissioner selects 24 names for grand jurors


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κ1919 Statutes of Nevada, Page 378 (CHAPTER 205)κ

 

District judge selects 17 for grand jury

 

 

 

 

Legal service of summons defined

jurors to attend in court at such time as the judge may have directed; and the sheriff shall summon such grand jurors, and out of the number so summoned the court shall select seventeen persons to constitute the grand jury. If from any cause a sufficient number do not appear, or those who appear are excused or discharged, an additional number, sufficient to complete the grand jury, shall be selected from the said qualified jurors by the judge and clerk and summoned to appear in court at such time as the court may direct. Any person named in such venire, who resides elsewhere than at the place at which the court is held, shall be served by the sheriff mailing a summons to such person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered and deposited in the postoffice, addressed to such person at his usual postoffice address. And the receipt of the person so addressed for such registered summons shall be regarded as personal service of such summons upon such person and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county.

 

________

 

CHAPTER 206

 

 

 

 

 

 

 

 

 

 

 

 

Directors of state orphans’ home may discharge or apprentice children

Chap. 206–An Act to amend sections nine, eleven, twelve, and thirteen of an act entitled “An act for the government and maintenance of the state orphans’ home,” approved March 1, 1873, as amended March 3, 1887, as amended March 9, 1903, as amended March 25, 1913, as amended March 26, 1915.

 

[Approved March 29, 1919]

 

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

Assembly, do enact as follows:

 

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

      Section 11.  Whenever said board shall deem it for the best interests of any child in said home, or of the state, they may discharge any child therein; and they are hereby empowered, whenever they may deem it meet and proper, to apprentice any child in said home to the head of any family, or to any person carrying on a useful and proper business; but in all such indentures of apprenticeship the board shall reserve the power to themselves at any time to cancel the same, and reclaim said child to the home whenever, in their judgment, the best interest of said child and the state shall demand.

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

      Section 12.  Nothing in this act shall be construed to prevent the board of directors, at their discretion, from receiving any dependent or neglected child or children, when committed to the state orphans’ home as hereinafter provided; provided, however, that the state orphans’ home is hereby organized as a home for dependent and neglected children, who shall be subject to all the conditions of the act of March 24, 1909, relating to dependent and neglected children in addition to the other purposes for which the institution is established; and the board of directors are authorized and required to receive such dependent and neglected children as may be committed to the care of said institution.


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

κ1919 Statutes of Nevada, Page 379 (CHAPTER 206)κ

 

any dependent or neglected child or children, when committed to the state orphans’ home as hereinafter provided; provided, however, that the state orphans’ home is hereby organized as a home for dependent and neglected children, who shall be subject to all the conditions of the act of March 24, 1909, relating to dependent and neglected children in addition to the other purposes for which the institution is established; and the board of directors are authorized and required to receive such dependent and neglected children as may be committed to the care of said institution.

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

      Section 13.  Children admitted to the state orphans’ home under the provisions of section twelve of this act, as amended, are hereby declared and adjudged to be wards of the state as fully as whole orphans; provided, that no child shall be received by the board of directors unless committed by the district court of the county in which such child resides; provided further, that if the district judge is absent from the county, or from any cause is unable to act when an application is made for the commitment of any dependent or neglected child to the orphans’ home, the county commissioners are hereby authorized to commit such child to said orphans’ home; but any such commitment by any board of county commissioners is subject to review by the district court of the county from which such children were committed; provided further, that the expenses, transportation, and maintenance of such children, when committed to this institution by any district court or board of county commissioners of the state, shall become a charge against the county from which such children are committed, such charge for maintenance to be a reasonable rate to be fixed from time to time by the board of directors of said orphans’ home; provided, that such rate shall not be less than one-half of the cost of such maintenance by the state; provided, that the district court, in its discretion, may order the parent, parents, guardian or guardians to reimburse the said county for the amount of the maintenance of such child or children in said orphans’ home as fixed by the board of directors thereof; and provided further, that no child who is idiotic or who has any contagious disease shall be committed or received by the board of directors of said institution, but all children must be subject to a mental and physical examination under the direction of the board of directors.

      Sec. 4.  This act shall take effect from and after its approval.

Any dependent or neglected child may be admitted to home by directors

 

 

 

 

 

State’s wards

 

Must be committed by district judge

 

 

County commissioners may act, when

 

 

Certain expenses charge against the county

County to pay, when

 

 

 

Parents or guardians to reimburse county, when

 

Certain children denied entrance

 

In effect

 

________

 

 


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κ1919 Statutes of Nevada, Page 380κ

CHAPTER 207

 

 

 

 

 

 

 

 

 

 

 

 

 

Ormsby County bonds, $15,000, to acquire site for Nevada heroes memorial building

 

 

 

Denomination of bonds; interest; redemption

 

 

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

 

 

 

Special county tax

Chap. 207–An Act authorizing the board of county commissioners of Ormsby County to issue negotiable coupon bonds for the purpose of purchasing a site on the main street of Carson City adjacent to the capitol, and to deed such site to the State of Nevada for the erection thereon of a building to be known as Nevada heroes memorial building, and providing for the payment of the principal and interest of such bonded indebtedness, and other matters properly connected therewith.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of Ormsby County are hereby authorized and empowered to issue negotiable coupon bonds of such county to the extent of fifteen thousand dollars, or so much thereof as may be necessary, for the purpose of purchasing a site on the main street of Carson City adjacent to the capitol, and to thereafter, upon payment of ten dollars, deed said site to the State of Nevada, free and clear of all incumbrances, for the erection of a building to be known as Nevada heroes memorial building.

      Sec. 2.  Such bonds shall be issued in denominations of five hundred dollars each, and each and every bond so issued shall promise in substance that the county of Ormsby, State of Nevada, owes to and will pay at the maturity of such bond to the holder thereof the sum expressed therein, and each of said bonds shall bear interest at the rate not exceeding six per cent per annum. The principal and interest of said bonds shall be payable in lawful money of the United States, except as hereinafter provided, six years from and after the date of the issuance of said bonds, and shall be payable upon presentation thereof and of said interest coupons at the office of the county treasurer of said Ormsby County, Nevada.

      Sec. 3.  The county commissioners of said Ormsby County shall prepare the bonds authorized to be issued under this act, which shall be signed by the chairman of the board, countersigned by the county auditor, and authenticated with the seal of the county clerk. There shall be attached to each of said bonds interest coupons numbered consecutively and bearing interest at the rate not exceeding six per cent per annum, payable annually on the first Monday of January of each year from and after the year of the issuance of said bonds; and said coupons shall express the promise of said county to pay the amount specified in the coupon at the date of the maturity thereof, in lawful money of the United States.

      Sec. 4.  In addition to the other taxes which shall be levied, the county commissioners of Ormsby County shall, for the year 1919, and annually thereafter until the principal and interest of said bonds shall be fully paid, cause to be levied and collected at the time and in the manner provided by law for the levying and collection of taxes for county purposes, a special tax upon all of the taxable property in said county, in an amount sufficient to enable the treasurer of said county to pay annually two thousand five hundred dollars of said bonds, and said bonds shall be retired in the order in which the same shall be issued.


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

κ1919 Statutes of Nevada, Page 381 (CHAPTER 207)κ

 

be levied and collected at the time and in the manner provided by law for the levying and collection of taxes for county purposes, a special tax upon all of the taxable property in said county, in an amount sufficient to enable the treasurer of said county to pay annually two thousand five hundred dollars of said bonds, and said bonds shall be retired in the order in which the same shall be issued. Such special tax as herein provided for shall also be levied and collected in an amount sufficient to pay the interest due upon the bonds issued under the terms and provisions of this act, and to pay the interest upon the bonds to be retired annually as herein provided. Each of said bonds issued hereunder shall be consecutively numbered and shall bear date July 1, 1919.

      Sec. 5.  The board of county commissioners of Ormsby County may, in the discretion of such board, sell any of the bonds herein provided for, for cash, by causing a notice of the sale of said bonds to be published once each week for a period of four consecutive weeks in some newspaper of general circulation, published in said Ormsby County; such notice shall describe the bonds proposed to be sold and shall call for sealed bids to be filed with such board of county commissioners on or before the day specified in said notice, at which time said bids, if any, shall be received, shall be opened and the bonds sold to the highest and best bidder therefor, for cash; provided, that none of said bonds shall be sold at less than the par value thereof; and provided further, that in the event said bonds, or any thereof, are not sold at public sale, as hereinabove provided, then the board of county commissioners is authorized to sell said bonds or so much thereof in amount as it deems best at private sale, for not less than the par value thereof. Said board is hereby authorized to reject any or all bids filed for the purchase of said bonds, and to require a deposit to be made in the manner provided for by it as a part of, and accompanying, each bid.

      Sec. 6.  Upon the payment of the bonds authorized to be issued under the terms and provisions of this act, the county treasurer of Ormsby County shall cancel all of said bonds paid or retired, and shall write or stamp across the face thereof, and across the face of each of the interest coupons thereto attached and paid, the word “Canceled,” and said county treasurer is further directed to write or stamp across any of the coupons paid the said word.

      Sec. 7.  The proceeds of any sale of any of the bonds authorized to be issued shall be used exclusively for the purchase of a site on the main street of Carson City adjacent to the capitol, and the board of county commissioners of Ormsby County shall not use any part of the proceeds thereof for any other purpose or purposes whatsoever; provided, that the said board is authorized to pay the cost of the preparation, sale or issuance of the said bonds out of the general county fund, if the cost thereof does not exceed the sum of two hundred fifty dollars.

 

 

 

 

 

 

 

Bonds dated July 1, 1919

 

Sale of bonds to be advertised

 

 

 

 

 

 

Provisos

 

 

 

All bids may be rejected

 

 

County treasurer to pay and cancel bonds

 

 

 

 

Site to be on main street of Carson City


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

κ1919 Statutes of Nevada, Page 382 (CHAPTER 207)κ

 

 

“Site” defined

 

 

 

County treasurer to register bonds

 

 

 

Faith of state pledged

the general county fund, if the cost thereof does not exceed the sum of two hundred fifty dollars. The word “site,” as used herein, includes not only the vacant ground but also any building or buildings thereon; and for the purpose of acquiring such site the county commissioners of Ormsby County may, if necessary in their judgment, resort to condemnation proceedings.

      Sec. 8.  The county treasurer of Ormsby County shall provide and keep a suitable book in his office in which shall be registered the number and amount of the bonds issued under this act, the date of the sale of said bonds, the number and amount of bonds sold, and to whom said sale was made, the date of maturity of said bonds and the date of their payment and cancelation.

      Sec. 9.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation thereby imposed omitted, until the bonds and coupons issued under and by virtue thereof shall have been paid in full, as in this act specified.

 

________

 

CHAPTER 208

 

 

 

 

 

 

 

 

 

 

Concerning marriage licenses

Chap. 208–An Act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of “An act relating to marriage and divorce,” approved November 28, 1861, is hereby amended to read as follows:

      Section 5.  Previous to persons being joined in marriage, a license shall be obtained for that purpose from the county clerk of the county where the persons, or one of them, intending to be married, reside (or in case the persons intending to be married do not reside in this state, then from any county clerk in the state). The county clerk may inquire of the party applying for marriage license upon oath or affirmation relative to the legality of such contemplated marriage; and if the clerk shall be satisfied that there is no legal impediment thereto, then he shall grant such marriage license and if any of the persons intending to marry shall be under age and shall not have been previously married, the consent of the parent or guardian shall be personally given before the clerk, or certified under the hand of such parent or guardian, attested by two witnesses, one of whom shall appear before said clerk and make oath that he saw the parent or guardian, whose name is annexed to such certificate subscribed, or heard him or her acknowledge the same, whereupon the clerk is authorized to issue and sign such license, affixing thereto the seal of the county.


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

κ1919 Statutes of Nevada, Page 383 (CHAPTER 208)κ

 

county. The clerk shall be entitled to receive as his fee for issuing the license the sum of one dollar, and if any clerk shall in any other manner issue or sign any marriage license he shall forfeit and pay a sum not exceeding one thousand dollars to and for the use of the party aggrieved. The clerk shall also at the time of issuing such license collect the sum of one dollar and pay the same over to the county recorder as his fee for recording the certificate named in section 8.

      And said license shall be substantially in the following form:

 

                                                        MARRIAGE LICENSE

State of Nevada

County of.................................

}

ss.

 

      These presents are to authorize any licensed clergyman within this state, or any district judge or justice of the peace within his district, to join in marriage.................. ....................................................................................., of .............................................

in the county of ......................................................., State of ........................................

Previously married? .............................................. Wife deceased? ..............................

Divorced? ...................... When? .................................... Where? .................................

On what grounds? ..........................................................................................................

And ...................................................................................... of .....................................

in the county of .........................................................., State of .....................................

Previously married? .............................................Husband deceased? .........................

Divorced? ...................... When? .................................... Where? .................................

On what grounds? ..........................................................................................................

and to certify the same according to law.

 

Witness my hand and the seal of the district court of the ...............judicial district of the State of Nevada, in and for the county of................., this.........day of.................., A. D. 19......

                                                                                             ........................................, Clerk.

        (Seal)                                                                          ..........................., Deputy Clerk.

 

      And it shall be the duty of the clerk, when issuing said license, to require the party applying therefor to answer under oath each of the questions contained in the said form of license, and if the party applying therefor cannot answer positively any questions with reference to the other party named in the license, it shall be the duty of the clerk to require both parties named in the license to appear before him and to answer, under oath, the questions contained in said form of license, and any person who shall make a false statement in procuring a marriage license with reference to any matter required by this section to be stated under oath shall be deemed guilty of a gross misdemeanor and punished by imprisonment in the county jail for a term of not more than one year, or by a fine not to exceed $1,000, or by both such fine and imprisonment.

Fee for marriage licenses

 

 

 

 

 

 

Form of marriage license

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicants to answer questions under oath

 

 

 

 

False answers perjury; penalty

 

________

 

 


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

κ1919 Statutes of Nevada, Page 384κ

CHAPTER 209

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amending water law

 

Governor to appoint water commissioners

 

Duties of water commissioners

Chap. 209–An Act to amend an act entitled “An act to amend 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 engineer’s 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, 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; 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 engineer’s office, and other matters relating thereto,” approved February 20, 1909, approved March 22, 1913, approved March 25, 1915.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 52 of the above-entitled act is hereby amended so as to read as follows:

      Section 52.  There shall be appointed by the governor one or more water commissioners for each water district, who shall receive a salary, including all expenses, of not more than five dollars ($5) per day for each day actually employed on the duties herein mentioned. Such water commissioner shall execute the laws prescribed in sections 53 to 88, inclusive, of this act under the general direction of the state engineer. The salary of such water commissioner shall be paid by the water users in the district in which they shall serve. The charge against each water user shall be based upon the proportion which his water right bears to the aggregate water rights in such district as determined by the state engineer or the court; provided, however, that the minimum charge to each water user shall be one dollar.


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

κ1919 Statutes of Nevada, Page 385 (CHAPTER 209)κ

 

upon the proportion which his water right bears to the aggregate water rights in such district as determined by the state engineer or the court; provided, however, that the minimum charge to each water user shall be one dollar. The state engineer shall prepare and certify a list of the owners and areas of land served by such water commissioners, together with the addresses taken from the tax-roll of said county, and transmit the same to the board of county commissioners of the county in which such water commissioners serve, and upon receipt thereof the said board shall transmit to each and every such owner a statement showing the amount due for the services so rendered. Should such property owner fail to make payment to the county treasurer within thirty days from the receipt of such statement, then such amount shall constitute a lien upon the property served by such water commissioner, and be collectible in the same manner as taxes levied against said property. Such board of county commissioners may establish a special fund for each water district within such county which shall be known as “.................... Water District Salary Fund,” and all moneys collected from the water users in any such district shall be placed in such fund so established for such district. Upon a receipt of a certified statement from the state engineer showing the number of days such commissioners were actually employed, and the amount due, the board of county commissioners shall approve such statement and authorize the auditor of such county to draw his warrant therefor against such special water district salary fund; provided, however, that no such statement shall be so approved by the board of county commissioners unless there shall be sufficient money in such fund to meet the amount thereof.

Charges, how based

 

Minimum charge

 

 

 

 

 

 

 

Defaulted payments lien on property

 

 

 

 

Water commissioners paid by county

 

________

 

CHAPTER 210

Chap. 210–An Act to amend section two of an act entitled “An act to provide for the appointment of bailiffs for the district courts of the several judicial districts of this state in the counties polling forty-five hundred or more votes; defining the powers and duties of such bailiffs; fixing their compensation and repealing all acts or parts of acts in conflict with this act,” approved February 24, 1909.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section two of an act of the legislature of the State of Nevada entitled “An act to provide for the appointment of bailiffs for the district courts of the several judicial districts of this state in the counties polling forty-five hundred or more votes; defining the powers and duties of such bailiffs; fixing their compensation and repealing all acts or parts of acts in conflict with this act,” approved February 24, 1909, is hereby amended so as to read as follows:

 

 

 

 

 

 

 

 

 

 

 

Amending act providing for bailiffs in certain district courts


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

κ1919 Statutes of Nevada, Page 386 (CHAPTER 210)κ

 

 

 

But one bailiff appointed by judges

When appointment made by county commissioners

parts of acts in conflict with this act,” approved February 24, 1909, is hereby amended so as to read as follows:

      Section 2.  In all judicial districts where there are more than one judge, there shall be but one bailiff to attend both divisions of the court, said bailiff to be appointed by the joint action of the two judges; provided, if the two judges cannot agree upon the appointment of the same within thirty days after the approval of this act, then the appointment shall be made by a majority of the board of county commissioners.

________

 

CHAPTER 211

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Citizen or prospective citizen of U. S. A. may locate claim, how

 

 

 

 

What notice of location shall contain

Chap. 211–An Act to amend section 1 of an act entitled “An act relating to the location, relocation, manner of recording lode and placer claims, millsite, tunnel rights, amount of work necessary to hold possession of mining claims and the rights of coowners therein,” approved March 16, 1897, and all subsequent amendments thereof; said section being section 2422 of the Revised Laws of Nevada of 1912.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the act specified in the title hereof is hereby amended to read as follows:

      Section 1.  Any person who is a citizen of the United States, or who has declared his intention to become such, who discovers a vein or lode, may locate lode mining claim thereon by defining the boundaries of the claim in the manner and within the time hereinafter prescribed, and by erecting or constructing at the point of such discovery a monument of the size and character of any of the several monuments prescribed in section 2 of this act and by posting in or upon such discovery monument a notice of such location, which must contain:

      First-The name of the claim;

      Second-The name of the locator or locators;

      Third-The date of the location;

      Fourth-The number of linear feet claimed in the length along the course of the vein, each way from the point of discovery, with the width claimed on each side of the center of the vein and the general course of the lode or vein, as near as may be.

________

 

CHAPTER 212

 

Chap. 212–An Act to provide for the transfer of certain state funds, and repealing all acts in conflict therewith.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller and the state treasurer are hereby directed to transfer from the Panama-Pacific exposition fund and the Panama-California exposition fund all present balances and future receipts in said funds to the general fund.


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

κ1919 Statutes of Nevada, Page 387 (CHAPTER 212)κ

 

are hereby directed to transfer from the Panama-Pacific exposition fund and the Panama-California exposition fund all present balances and future receipts in said funds to the general fund.

      Sec. 2.  The state controller and state treasurer are hereby directed to transfer from the “Contingent Emergency Bond Interest and Redemption Fund” all present balances and future receipts of said fund to the state loan interest and redemption fund.

      Sec. 3.  All acts and parts of acts in conflict herewith are hereby repealed.

Certain state funds transferred

 

Controller and treasurer to transfer certain funds

 

Repeal

 

________

 

CHAPTER 213

Chap. 213–An Act to provide for cooperative agricultural and home economics extension work in the several counties in accordance with the Smith-Lever act of Congress, approved May 8, 1914; providing for the organization of county farm bureaus; for county and state cooperation in support of such work; making an annual appropriation therefor, levying a tax and for other purposes.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  That in order to aid in diffusing among the people of the State of Nevada useful and practical information on subjects relating to agriculture, home economics and rural welfare and to encourage the application of the same, there may be inaugurated in each of the several counties of the state extension work which shall be carried on in cooperation with the agricultural extension division, University of Nevada, established under the provisions of the Smith-Lever act of Congress, approved May 8, 1914, in such manner as may be mutually agreed upon by the board of directors of the county farm bureau provided for in section two of this act, and the director of agricultural extension.

      Sec. 2.  That for the purpose of carrying out the provisions of this act there may be organized in each county within the State of Nevada a corporation to be known as the county farm bureau, in the following manner: Whenever one hundred and fifty or more adult residents in any county, at least two-thirds of whom shall be certified as engaged in agriculture as owners, lessees, operators or managers of farm property or live stock, or as farm housewives, shall have effected temporary organization for doing extension work in agriculture and home economics, and shall have adopted articles of incorporation acceptable to the director of agricultural extension, they may make application to the secretary of state for incorporation under the laws of Nevada as a corporation not for profit, and when such corporation shall have been effected it shall be known as the ................... county farm bureau and shall be recognized as the official body within said county for carrying on extension work in agriculture and home economics in cooperation with said agricultural extension division; provided, that in any county wherein the total number of farms is less than one hundred as certified by the county assessor, it shall be sufficient for the purposes of this act if the number of persons required to be certified as engaged in agriculture as aforesaid shall be ten per cent greater than such total number of farms; provided further, that not more than one such bureau shall be incorporated in any county.

 

 

 

 

 

 

 

 

 

 

 

 

Promotive of cooperative and home economics extension work

 

Smith-Lever act

 

 

 

County farm bureaus authorized

 

 

 

How formed


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

κ1919 Statutes of Nevada, Page 388 (CHAPTER 213)κ

 

 

Proviso

 

 

 

Only one bureau in each county

Financial budget for cooperative extension work

 

Proviso

 

 

 

 

County tax for bureau

 

 

 

 

 

 

State appropriation equal to county appropriations; limited

 

 

 

Conditions

within said county for carrying on extension work in agriculture and home economics in cooperation with said agricultural extension division; provided, that in any county wherein the total number of farms is less than one hundred as certified by the county assessor, it shall be sufficient for the purposes of this act if the number of persons required to be certified as engaged in agriculture as aforesaid shall be ten per cent greater than such total number of farms; provided further, that not more than one such bureau shall be incorporated in any county.

      Sec. 3.  The board of directors of the county farm bureau and the director of agricultural extension shall prepare an annual financial budget covering the county’s share of the cost of carrying on the cooperative extension work in agriculture and home economics provided for in this act, together with the share of each of all other cooperating agencies; provided, that the county’s share shall not exceed a sum equal to the proceeds of one cent of the county tax rate, which, if adopted by a majority vote of said bureau at a regularly called meeting, shall be filed with the board of county commissioners of such county, which said board shall include the county’s share thereof in the budget of county expenditures for such year and shall annually, at the time of levying taxes for county purposes, levy a county tax, at a rate not exceeding one cent on each hundred dollars of taxable property, to provide such fund. The proceeds of such tax rate shall be placed in the county treasury in a fund to be known as the farm bureau fund and shall be subject to disbursement in accordance with such budget on certificates of the president and secretary of the county farm bureau approved by the board of county commissioners and paid in like manner as other county claims are paid.

      Sec. 4.  That for the purposes of state cooperation in the support of county agricultural and home economics extension work there is hereby annually appropriated, out of any money in the state treasury not otherwise appropriated, a sum equal to the total appropriations of the several counties for the support of county agricultural and home economics extension work as provided in section three of this act, but shall not be greater in any year than the proceeds of one cent of the state tax rate, and which said sum, or so much thereof as may be necessary, shall be subject to disbursement in accordance with the state’s share of the cost of cooperative agricultural and home economics extension work in each of the several counties as stated in the annual financial budget mentioned in section three of this act, and not exceeding in any county the amount of county funds so appropriated, on certificates of the president and secretary of such farm bureau and the board of regents, University of Nevada, approved by the state board of examiners, when the state controller shall draw his warrant and the state treasurer pay the same; provided, that a certified copy of each such cooperative county budget shall be filed with the board of regents, the state board of examiners and the state controller within ten days after date of filing with the board of county commissioners.


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

κ1919 Statutes of Nevada, Page 389 (CHAPTER 213)κ

 

the same; provided, that a certified copy of each such cooperative county budget shall be filed with the board of regents, the state board of examiners and the state controller within ten days after date of filing with the board of county commissioners.

      Sec. 5.  Necessary modification of any annual budget provided in section three of this act, involving county or state funds, due to leave of absence without pay, resignation, dismissal or employment of any cooperative agent or appointee, or to other causes, not involving increase in the total of expenditures provided from state or county funds, and consistent with the purposes of this act, may be made by filing with the board of county commissioners and the county auditor, when affecting county funds, and with the state board of examiners and the state controller when affecting state funds, a revised budget approved and certified to by the executive committee of the county farm bureau and the director of agricultural extension.

      Sec. 6.  It shall be the duty of each said county farm bureau annually on or before January 1, to present its plans for extension work for the ensuing year and to render to both the agricultural extension division and the board of county commissioners a full and detailed report of its extension activities for the preceding fiscal year, including a detailed report of its receipts and expenditures from all sources, on such forms as may be prescribed by the agricultural extension division; provided, that for the year 1919 any farm bureau duly organized as provided in section two of this act may submit its cooperative budget for such year to the board of county commissioners not later than the third Monday in March.

      Sec. 7.  Nothing in this act shall be construed as affecting any appropriation made in support of agricultural extension as a part of the public service division of the University of Nevada, in respect to the cost of administration, employment of state leaders and specialists and other purposes incident to state-wide and county supervision and cooperation in extension work.

Proviso

 

 

Revised budget, when

 

 

 

 

 

 

 

 

Farm bureaus to report and present plans annually

 

 

Proviso

 

 

 

Act not to affect university public service appropriation

 

________

 

CHAPTER 214

Chap. 214–An Act to amend an act entitled “An act to regulate the herding or grazing of the live stock of certain nonresidents and of certain corporations upon unenclosed lands in the State of Nevada, and fixing a penalty for any violation of any provision of this act,” approved ..........................................................

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of an act entitled “An act to regulate the herding or grazing of the live stock of certain nonresidents and of certain corporations upon unenclosed lands in the State of Nevada, and fixing a penalty for any violation of any provision of this act,”

 


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

κ1919 Statutes of Nevada, Page 390 (CHAPTER 214)κ

 

Concerning live stock of nonresidents

 

 

Nonresident owning no land to procure license from sheriff for grazing in Nevada

 

 

 

 

 

Proviso

 

 

 

 

 

Conditions precedent to granting of license

late the herding or grazing of the live stock of certain nonresidents and of certain corporations upon unenclosed lands in the State of Nevada, and fixing a penalty for any violation of any provision of this act,” approved......................................, is hereby amended to read as follows:

      Section 1.  It shall be unlawful for any person or for any corporation who or which does not have his or its principal home ranch and livestock headquarters in the State of Nevada, except as herein provided, to herd or graze, or cause to be herded or grazed, upon any unenclosed lands in the State of Nevada, any sheep or bovine cattle without having first obtained from the sheriff of a county in which such herding or grazing, or some portion thereof is done, a valid license authorizing such herding and grazing in the State of Nevada. Such license shall be issued by said sheriff to and in the name of such person or corporation upon compliance by him or it with the provisions of section 2 of this act and shall be valid only for the calendar year in which it is dated; provided, that any person or any corporation which does not have its principal home ranch and livestock headquarters in the State of Nevada, owning in fee simple land in the State of Nevada, shall be exempt from any license or the payment of any license for five (5) head of sheep for each acre so owned and three (3) head of bovine cattle for each acre so owned.

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

      Section 2.  As conditions precedent to the issuance of said license, the applicant therefor shall:

      1.  File with said sheriff an affidavit which shall explicitly and truly state the following facts:

      (a) If the applicant is a nonresident person, his name and place of residence; or, if the applicant is a corporation, its name, the state and date of its incorporation, its principal place of business, and the names and addresses of its officers.

      (b) The location of his or its principal home ranch and livestock headquarters.

      (c) The number of acres of land owned in fee simple in the State of Nevada, together with a description thereof.

      2.  Pay to said sheriff the sum of fifty cents a head for each of the sheep and the sum of two dollars a head for each of the bovine cattle proposed to be herded or grazed in the State of Nevada, after deducting the number of sheep and bovine cattle as exempt from payment of said tax.

 

________

 

CHAPTER 215

 

Chap. 215–An Act to purchase a lot for the use of the Nevada historical society, and making an appropriation therefor.

 

[Approved April 1, 1919]

 

      Whereas, The Nevada historical society has outgrown the building provided for by appropriation of $5,000 by legislative act of March 28, 1911; and


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

κ1919 Statutes of Nevada, Page 391 (CHAPTER 215)κ

 

building provided for by appropriation of $5,000 by legislative act of March 28, 1911; and

      Whereas, The Nevada historical society has accumulated a large quantity of priceless historical documents and other material for the safe-keeping of which a fireproof and waterproof building is necessary; and

      Whereas, The Nevada historical society proposes to obtain from private sources money with which to erect a fireproof and waterproof building on said lot; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The State of Nevada shall purchase for the use of Nevada historical society, at a price not to exceed twenty-six hundred dollars ($2,600), the property adjoining the Nevada historical society building in Reno, Washoe County, Nevada, and described as follows:

      Commencing at the point of intersection of the easterly line of North Center street with the southerly line of Ninth street, running thence easterly along southerly line of Ninth street one hundred feet; thence southerly and parallel with the easterly line of North Center street seventy feet; thence westerly and parallel with the southerly line of Ninth street one hundred feet more or less to the easterly line of North Center street; thence northerly along the easterly line of North Center street seventy feet more or less to the point of beginning.

      Sec. 2.  For the purpose of carrying out the provisions of this act the sum of twenty-six hundred dollars ($2,600) is hereby appropriated, out of any moneys of the general fund in the Nevada state treasury not otherwise appropriated; provided, that under no circumstances shall the State of Nevada reimburse or be requested to reimburse any person or persons for any contribution or expense connected with the erection of the building so to be erected on said lot.

      Sec. 3.  All claims or demands upon this fund shall be audited and paid as other claims against the state.

Preamble

 

New historical building necessary

 

Private donations to erect building

 

 

 

 

 

Lot for extension of Nevada historical society building

 

Description of lot

 

 

 

 

 

 

Appropriation, $2,600

 

Proviso

 

 

 

Claims paid

 

________

 

CHAPTER 216

Chap. 216–An Act to amend sections 1 and 2 of an act entitled “An act regulating the use of marks and brands of stock, and the recording thereof, and providing penalties for the violation thereof and repealing all acts in conflict therewith,” approved March 20, 1909.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  It shall be unlawful for any person or persons, firm, association, copartnership or corporation to have a brand and mark stock therewith, which brand is similar in form and design to, or a modification of, any brand or mark recorded prior thereto, in accordance with the laws now in effect regulating the recording of marks and brands of stock.

 


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

κ1919 Statutes of Nevada, Page 392 (CHAPTER 216)κ

 

Unlawful to imitate brand of stock owner

 

 

 

 

Same

firm, association, copartnership or corporation to have a brand and mark stock therewith, which brand is similar in form and design to, or a modification of, any brand or mark recorded prior thereto, in accordance with the laws now in effect regulating the recording of marks and brands of stock.

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

      Section 2.  It shall be unlawful for any person or persons, firm, association, copartnership or corporation to mark and brand stock with a brand similar in form and design to, or a modification of, any prior recorded brand.

 

________

 

CHAPTER 217

 

 

 

 

 

 

 

 

 

 

 

 

 

All insurance business to be transacted with resident agents

 

 

 

Provisos

 

 

 

 

 

 

 

 

Railroads and property in transit exempt

Chap. 217–An Act further regulating fire insurance companies, and providing a penalty for violation of the provisions of section 1a of this act and to amend an act entitled “An act relative to reinsurance and the transaction of business by fire insurance companies or associations otherwise than through resident agents,” approved March 6, 1901.

 

[Approved April 1, 1919]

 

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, being section 1304, Revised Laws, 1912, shall be amended to read as follows:

      Section 1.  It shall be unlawful for any insurance company admitted to do business in this state to write, place, or cause to be written or placed, any policy of insurance covering property located in this state except through or by a duly authorized licensed agent of such company, residing and doing business in this state; provided, that where the insured calls at the principal office of the company and requests a policy, the risk may be covered, and the policy procured through the duly authorized agent in the territory wherein the risk is located; and provided further, that a nonresident special agent, representing a company licensed by this state, may work with and assist local agents in this state in writing business, but in all cases the local agent is to retain his full commission; provided, that nothing in this act shall be considered as prohibiting duly licensed resident agents from exchanging with each other, any lines of insurance business for which such agent is licensed, and paying or dividing commissions on business so exchanged. The license of any insurance company or agent, who violates the provisions of this section, shall be revoked and no license shall be issued to such company or agent for one year from the date of the revocation of the license; provided, that this section shall not apply to direct insurance covering rolling stock of railroad corporations, or property in transit, while in the possession and custody of railroad corporations or other common carriers.


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

κ1919 Statutes of Nevada, Page 393 (CHAPTER 217)κ

 

in the possession and custody of railroad corporations or other common carriers.

      Section 1a.  Every fire insurance company, before it shall receive a license or a renewal of a license to transact the business of making insurance as an insurer in this state, must file or cause to be filed in the office of the insurance commissioner its special, specific and tariff rates. Every such company and its agents shall observe its rates so filed, and shall not deviate therefrom when making insurance until amended or corrected rates shall have been filed in the office of the insurance commissioner. Any fire insurance company knowingly failing to observe and follow its said rate may be precluded from transacting any business in this state for a period of one year by the revocation of its license by the insurance commissioner; provided, that any insurance company charged with a violation of this section shall, before any fine is imposed or its license revoked, be notified in writing by the insurance commissioner of the charges in detail preferred against it, and said notice shall provide a reasonable time, not less than five nor more than twenty days, within which such company may appear before the insurance commissioner and present evidence and be heard in its own behalf; provided further, that such company may appeal to a court of competent jurisdiction from the order of the insurance commissioner revoking its license, and pending the determination of such appeal such revocation shall be suspended.

 

Fire insurance company must file rates with insurance commissioner

 

 

Said rates must be observed

 

Provisos

 

________

 

CHAPTER 218

Chap. 218–An Act to amend section 6 of an act entitled “An act providing for the incorporation of domestic building and loan associations, the licensing of foreign building and loan associations, the examination and regulation of all building and loan associations doing business in this state by the state bank examiner, and other matters properly connected therewith, and repealing a certain act,” approved March 24, 1915.

 

[Approved April 1, 1919]

 

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.  It shall be unlawful for any building and loan association, not organized under the laws of this state, to transact business in this state unless such association or company shall have first complied with the statutes of this state relating to foreign corporations, and shall have submitted a statement of its condition and affairs, subscribed and sworn to by the manager or an officer of the company, showing:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Foreign building and loan association to file sworn statement


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

κ1919 Statutes of Nevada, Page 394 (CHAPTER 218)κ

 

What statement must show

 

 

 

 

 

 

What constitutes doing business in this state

 

 

 

Certificate to issue, when

      1.  The amount of authorized capital, and the par value of each share;

      2.  The number of shares sold during the year;

      3.  The number of shares canceled and withdrawn during the preceding year;

      4.  A statement of receipts and disbursements during the preceding year;

      5.  Salaries paid each of its officers;

      6.  A statement of its assets and liabilities at the end of the year, and the nature thereof in general terms;

      7.  Any other fact which the bank examiner may require.

      Any building and loan association not organized under the laws of this state which sells stock or certificates, bonds, debentures, contracts, or other securities within this state, or receives from persons residing within this state payments upon stock, certificates or other securities heretofore sold, shall be construed as doing business within this state and shall come under the provisions of this act.

      Upon receipt of all such instruments as are required, and the filing thereof, the secretary of state, upon the recommendation of the state bank examiner, shall issue a certificate authorizing such corporation to do business in this state.

 

________

 

CHAPTER 219

 

 

 

 

 

 

 

 

 

 

Banks to make at least four reports each year

 

What reports shall show

 

 

 

Bank’s report published in newspaper

 

Special reports, when

Chap. 219–An Act to amend section 21 of an act entitled “An act to regulate banking and other matters relating thereto,” approved March 22, 1911.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

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

      Section 21.  Every bank shall make at least four reports each year, and oftener if called upon, to the bank examiner, according to the forms which may be prescribed by him verified by the oath or affirmation of its president, vice-president, or cashier, and attested by the signatures of at least two of the directors. Each report shall exhibit in detail and under the appropriate heads, the resources and liabilities of such bank at the close of business on any past day specified by the bank examiner, and shall be transmitted to him within ten days after the receipt of a request or requisition therefor by him, and shall be published in condensed form according to his requirements, within ten days after same is made, in a newspaper published in the county in which such bank is established, for one insertion at the expense of the bank, and such proof of publication shall be furnished within five days after the date of publication, as may be required by the bank examiner. The bank examiner shall also have power to call for special reports, which need not be published, from any bank, whenever, in his judgment, the same is necessary, in order to gain a full and complete knowledge of its condition; provided, the reports authorized and required by this section, to be called for by the bank examiner, shall relate to a date prior to the date of such call to be specified therein; and provided further, the prior date specified by the bank examiner for reports, other than special reports, shall be the day designated by the comptroller of the currency of the United States for reports of national banking associations.


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

κ1919 Statutes of Nevada, Page 395 (CHAPTER 219)κ

 

bank, whenever, in his judgment, the same is necessary, in order to gain a full and complete knowledge of its condition; provided, the reports authorized and required by this section, to be called for by the bank examiner, shall relate to a date prior to the date of such call to be specified therein; and provided further, the prior date specified by the bank examiner for reports, other than special reports, shall be the day designated by the comptroller of the currency of the United States for reports of national banking associations.

 

Provisos

 

________

 

CHAPTER 220

Chap. 220–An Act to provide compensation of township officers and to repeal all acts in conflict therewith.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of each county, during the month of July of any year in which an election of township officers is held, shall fix the compensation of such officers for the ensuing term, and which shall be a salary or the fees as now allowed to such officers by existing enactments or as shall be fixed by subsequent enactments, and in case of failure of said boards to fix such compensation as above provided, then the compensation of such officers shall be the same as received by their immediate predecessors in office.

      Sec. 2.  All acts or parts of acts, either general or special, in conflict herewith, are hereby repealed.

 

 

 

 

 

 

 

 

County commissioners to fix compensation of township officers

 

 

 

 

Conflicting act repealed

 

________

 

CHAPTER 221

Chap. 221–An Act to provide for the erection, furnishing and equipment of a manual-training building for the White Pine County high school in the city of Ely, State of Nevada, and for the issuance and payment of bonds for the creation of a fund for the erection, furnishing and equipment of said building.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of White Pine County, Nevada, for the purpose of creating a fund for the erection, furnishing and equipping of a building, to be known as the “Manual-Training Building of the White Pine County High School,” in the city of Ely, in said county, are hereby authorized, empowered and directed to issue and sell negotiable coupon high-school manual-training building bonds of said county to an amount aggregating the principal sum of thirty thousand dollars. Said bonds shall be sixty in number, numbered consecutively from one to sixty, both inclusive, of the denomination of five hundred dollars each.

 

 

 

 

 

 

 

 

 

 

Bonds of White Pine County, $30,000, for manual-training building for county high school


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

κ1919 Statutes of Nevada, Page 396 (CHAPTER 221)κ

 

 

Semiannual interest

 

 

 

 

 

 

 

 

 

 

 

 

Form of bond

sixty in number, numbered consecutively from one to sixty, both inclusive, of the denomination of five hundred dollars each. They shall bear interest from their date until paid at the rate of six per centum per annum, payable semiannually on the first days of January and July, respectively, in each year, and each semiannual installment of interest on each bond shall be evidenced upon appropriate coupon, so attached to said bond that it may be removed without injury to the bond. Each of said bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the county treasurer, and each bond shall be authenticated by having the seal of the county impressed thereon. Both the interest on and the principal of said bonds shall be payable at a place to be designated in said bonds, in gold coin of the United States of America, of or equal to the present standard of weight and fineness.

      Sec. 2.  Each of said bonds, and each of the interest coupons to be attached thereto, shall be substantially in the following forms, respectively, to wit:

 

(Form of Bond)

                                                   United States of America                                 No..........

State of Nevada, County of White Pine

 

COUNTY HIGH-SCHOOL MANUAL-TRAINING

BUILDING BOND

 

      The County of White Pine, in the State of Nevada, acknowledges itself to owe, and for value received hereby promises to pay, to the bearer hereof, the principal sum of five hundred dollars, on the ............ day of .................................., 19......, with interest thereon from the date hereof until paid, at the rate of six per centum per annum, such interest payable semiannually on the first days of January and July, respectively, in each year, as evidenced by and upon presentation and surrender of the interest coupon hereto attached as they severally become due; and both the interest and principal of this bond are hereby made payable in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at ..........................., in the city of ..............................., State of ................................, U. S. A.; and for the prompt payment of this bond, with interest thereon as aforesaid, when due, the full faith, credit and resources, and all the taxable property of said county are hereby irrevocably pledged.

      This bond is one of a series of sixty bonds of like date, tenor and amount issued by said county under and in compliance with the constitution of the State of Nevada and of an act of the legislature of said state passed at its twenty-ninth session, entitled “An act to provide for the erection, furnishing and equipment of a manual-training building for the White Pine County high school in the city of Ely, State of Nevada, and for the issuance and payment of bonds for the creation of a fund for the erection, furnishing and equipment of said building,”


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

κ1919 Statutes of Nevada, Page 397 (CHAPTER 221)κ

 

Nevada, and for the issuance and payment of bonds for the creation of a fund for the erection, furnishing and equipment of said building,” approved March ........., 1919, and all other laws and authority thereunto enabling.

      And it is hereby certified and warranted that said county is duly organized and existing under and by virtue of the constitution and laws of the State of Nevada, and that the board of county commissioners thereof is the duly constituted corporate authority of said county; that said county is duly authorized to issue this bond, and every other bond of this series, and that all conditions precedent to render the same valid and binding obligations of said county have been duly and strictly complied with and performed; that the total indebtedness of said county, including this bond and the other bonds of this series, does not exceed any constitutional or statutory limitation, and that due provision has been made for the levy and collection of a direct annual ad valorem tax on all the taxable property of said county, in addition to all other taxes, sufficient to pay the interest accruing hereon as the same falls due, and also to discharge the principal hereof at maturity.

      In Witness Whereof, The said board of county commissioners, has caused this bond to be sealed with its seal, and together with the interest bonds hereto attached, to be signed by its chairman and countersigned by the county treasurer of said county.

                                                                                                .....................................................

                                                                   As Chairman of Board of County Commissioners.

                                                                  Countersigned by ..................................................

             (Seal)                                                                                                 County Treasurer.

No........                                                 (Form of Coupon)

      On ...................................., 19...., the county of White Pine, State of Nevada, for value received, will pay to the bearer hereof the sum of .............................. dollars, in gold coin of the United States of America, of or equal to the present standard of weight and fineness, at........................, being............... months interest then due on its county high-school manual-training building bond No........, dated ..................., 19.....

                                                                                                                                                     

                                                                   As Chairman of Board of County Commissioners.

                                                                  Countersigned by ..................................................

County Treasurer.

 

      Sec. 3.  The said board of county commissioners and said county treasurer shall cause the said bonds and coupons to be prepared in substantially the respective forms above set forth, and shall cause the same to be executed for and in behalf of said county in the manner aforesaid, and when so executed and sold, their legality shall not be open to contest by said county, or by any person or corporation for it or in its behalf, for any reason whatsoever.

      Sec. 4.  The clerk of the board of county commissioners shall keep a detailed and accurate record of all proceedings under the provisions of this act, which record must show the number and date of each bond and to whom issued.

Form of bond

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of coupon

 

 

 

 

 

 

 

 

 

Legality of bonds not to be questioned


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κ1919 Statutes of Nevada, Page 398 (CHAPTER 221)κ

 

Clerk to keep record

 

Bonds sold highest bidder after advertising; private sale, when

 

 

 

 

 

In 1920 and thereafter, four bonds redeemed annually

 

 

 

White Pine County high-school manual-training building fund

 

 

 

County commissioners to erect and equip said building

 

 

 

 

 

 

General laws to govern contracts

shall keep a detailed and accurate record of all proceedings under the provisions of this act, which record must show the number and date of each bond and to whom issued.

      Sec. 5.  The board of county commissioners of White Pine County is hereby authorized to negotiate the sale of said bonds by advertising for sealed proposals, or by private sale or sales, as they may deem for the best interest of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than their par value, and that the bonds and the interest thereon shall be made payable in gold coin of the United States; and provided further, that the said board shall sell the bonds to the highest and best bidder or bidders in the event that they elect not to sell the same at private sale or sales.

      Sec. 6.  On the first day of January, 1920, and annually thereafter, four of such bonds, together with the interest thereon then due and unpaid, shall be paid and redeemed by said county treasurer. The payment and redemption of said bonds shall be in the order of their numbers, the lowest-numbered bond to be first paid and redeemed, then the next lowest, and so on until the whole amount of said bonds shall have been so paid and redeemed, which shall not be later than January 1, 1935.

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

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

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


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κ1919 Statutes of Nevada, Page 399 (CHAPTER 221)κ

 

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

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

      Sec. 11.  For the purpose of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of said White Pine County is hereby authorized and empowered to levy and collect annually a special tax on all property, both real and personal, subject to taxation within the boundaries of said White Pine County, until such bonds, and the interest thereon, shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire the same as hereinabove provided, and the amount of money to be raised by such tax shall be included in the annual estimate or budget for said county for each year for which said tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund, to be known as the “White Pine County Manual-Training Building Redemption Fund.”

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

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

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

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

 

 

 

County treasurer liable

 

 

 

Annual tax

 

 

 

 

 

 

 

 

 

 

 

Tax ceases, when

 

 

 

 

Treasurer to redeem and cancel bonds

 

 

 

 

Interest ceases, when

 

 

Faith of state pledged

 

________

 

 


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κ1919 Statutes of Nevada, Page 400κ

CHAPTER 222

 

 

 

 

 

 

 

 

 

 

 

 

Citizen stock owner exempt from grazing license to certain number of stock

 

 

 

 

 

 

 

Per capita grazing license for other stock owners

 

Provisos

Chap. 222–An Act to amend section 16 of 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, being chapter 178, Statutes of Nevada, 1915.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 16 of the above-entitled act is hereby amended so as to read as follows:

      Section 16.  Every citizen of the State of Nevada, who may be engaged in or who may be hereafter engaged in the business of owning, raising, grazing, herding, or pasturing sheep or cattle as owner of said sheep or cattle shall be exempt from the payment of the license hereinafter provided for, to the number of one thousand (1,000) head of sheep or five hundred (500) cattle, or five hundred cattle and sheep. Subject to the above exemption, every person or citizen of the State of Nevada who may be engaged in or who may hereinafter be engaged in the business of owning, raising, grazing, herding or pasturing cattle or sheep as either owner, lessee or manager of said cattle or sheep in any county in the State of Nevada must annually procure a license therefor from the sheriff as collector of licenses of the said county and make payment therefor as follows, in advance, for each band, flock or bunch of sheep or herd of cattle as follows: Thirty-five cents (35c) per head for each sheep and one dollar ($1) on each head of cattle; provided, that the provisions of this section shall not apply to any person, persons, firm, company, association, or corporation who owns one or more acres of lands in fee simple in the State of Nevada, for each five (5) sheep or three (3) head of cattle so owned, raised, grazed, or pastured; and provided further, that the lessee of lands shall not be deemed or taken as the owner and holder of lands within the meaning of this section; and provided further, that nothing in this section shall be construed to require the procurement of more than one license for the same sheep or cattle in the State of Nevada during the same calendar year.

 

________

 

CHAPTER 223

 

Chap. 223–An Act to provide for the purchase, publication and sale of a compilation of certain Nevada statutes and digest of Nevada supreme court reports, and making an appropriation therefor.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The justices of the supreme court of this state are hereby authorized to contract with Edward T. Patrick and George B. Thatcher for the compilation of the Statutes of Nevada,


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

κ1919 Statutes of Nevada, Page 401 (CHAPTER 223)κ

 

state are hereby authorized to contract with Edward T. Patrick and George B. Thatcher for the compilation of the Statutes of Nevada, other than local statutes, embodied in the session laws of Nevada for the years 1913, 1915, 1917, and 1919, to be fully annotated by reference to all decisions of the supreme court of the State of Nevada and of the federal courts in cases originating in Nevada, construing or referring to any such statute, together with a digest of all decisions of the supreme court of Nevada contained in the Nevada Reports subsequent to volume 32 thereof, at and for a price not exceeding the sum of thirty-five hundred dollars.

      Sec. 2.  Said compilation and digest shall be full and complete, containing all necessary references to the Pacific Reporter, American State Reports, American and English Annotated Cases, Lawyers’ Reports Annotated, and all series of selected cases so far as any Nevada decisions appear therein. Said compilation and digest shall also contain a complete table of cases, reference to all citations of Nevada cases in the Nevada Reports, after volume 30, and full-scope notes, and shall be completed, with proper indexes, to the satisfaction of said justices.

      Sec. 3.  Upon the completion and purchase of the manuscript of said compilation and digest, the same shall be deposited with the state printer, who shall, in as expeditious and economical manner as practicable, proceed to print, in good style, and subject to the approval of said justices, upon good book paper, one thousand copies of said compilation and digest, and shall have bound in good, workmanlike manner, in law sheep or buckram, three hundred copies thereof; and upon the completion of the printing and binding of said number of copies he shall deliver the same to the secretary of state. The secretary of state, on the approval of the state board of examiners, may order the state printer to bind and redeliver to the secretary of state such additional copies of said compilation and digest as may be required.

      Sec. 4.  The secretary of state shall sell said bound copies to any one applying therefor for the sum of fifteen dollars for each volume; none of said copies shall be distributed free to any public official, or to any library, anything in the laws of Nevada to the contrary notwithstanding. All moneys received by him for the sale of said copies shall be paid into the general fund of the state.

      Sec. 5.  The sum of sixty-five hundred dollars is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the purpose of purchasing said manuscript and of binding and publishing said compilation and digest as hereinbefore provided.

      Sec. 6.  Upon the approval of claims against said fund by the state board of examiners, the state controller is hereby directed to issue his warrants therefor, and the state treasurer is hereby directed to pay the same.

Digest of recent statutes and supreme court reports authorized

 

 

 

 

 

What said digest shall embrace

 

 

 

 

 

State printer to print 1,000 copies; to bind 300 copies

 

 

 

 

Additional copies bound, when

 

Price, $15

No free copies

 

 

 

Appropriation, $6,500

 

 

 

Board of examiners to audit claims

 

________

 

 


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κ1919 Statutes of Nevada, Page 402κ

CHAPTER 224

 

 

 

 

 

 

 

 

 

Concerning grazing licenses

 

 

License from sheriff for nonresident or non-owner of lands

 

 

 

Conditions precedent to issue of license

 

 

 

 

 

 

Stock per capita basis

 

 

No larger number allowed than named in license

Sheriff to retain percentage of collections

 

Penalty for violation of act

Chap. 224–An Act to regulate the herding or grazing of the live stock of certain nonresidents and of certain corporations upon unenclosed lands in the State of Nevada, and fixing a penalty for any violation of any provision of this act.

 

[Approved April 1, 1919, at 4:40 p. m.]

 

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 not a resident of the State of Nevada, or for any corporation who or which does not have his or its principal home ranch and livestock headquarters in the State of Nevada, to herd or graze, or caused to be herded or grazed, upon any unenclosed lands in the State of Nevada, any sheep or bovine cattle without having first obtained from the sheriff of a county in which such herding or grazing, or some portion thereof is done, a valid license authorizing such herding and grazing in the State of Nevada. Such license shall be issued by said sheriff to and in the name of such person or corporation upon compliance by him or it with the provisions of section 2 of this act and shall be valid only for the calendar year in which it is dated.

      Sec. 2.  As conditions precedent to the issuance of said license, the applicant therefor shall:

      1.  File with said sheriff an affidavit which shall explicitly and truly state the following facts:

      (a) If the applicant is a nonresident person, his name and place of residence; or, if the applicant is a corporation, its name, the state and date of its incorporation, its principal place of business, and the names and addresses of its officers.

      (b) The location of his or its principal home ranch and livestock headquarters.

      2.  Pay to said sheriff the sum of fifty cents a head for each of the sheep and the sum of two dollars a head for each of the bovine cattle proposed to be herded or grazed in the State of Nevada.

      Sec. 3.  No such person or corporation shall herd, graze, or cause to be herded or grazed, upon any unenclosed land in any county in Nevada, any greater number of live stock than that for which he or it has previously obtained such license.

      Sec. 4.  The sheriff collecting such license moneys shall be allowed to retain as his individual compensation and in addition to his salary or other fees, six per centum of the said license moneys by him collected and shall quarterly pay the remainder of such moneys to the county road fund.

      Sec. 5.  Any person or persons violating any provisions of this act shall be deemed guilty of misdemeanor, and if any such corporation shall herd, graze, or cause to be herded or grazed, any live stock in violation of any provision of this act it shall be fined in any sum not less than one thousand dollars or more than ten thousand dollars, and shall be prohibited from herding, grazing, or causing to be herded or grazed, any live stock in the State of Nevada until such fine is paid.


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

κ1919 Statutes of Nevada, Page 403 (CHAPTER 224)κ

 

act it shall be fined in any sum not less than one thousand dollars or more than ten thousand dollars, and shall be prohibited from herding, grazing, or causing to be herded or grazed, any live stock in the State of Nevada until such fine is paid.

 

 

________

 

CHAPTER 225

Chap. 225–An Act relating to the protection and health of employees and providing penalties for the violation of its provisions and other matters relating thereto.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following terms, as used in this act, shall, unless a different meaning is plainly required by the context, be construed as follows:

      (1) The phrase “place of employment” shall mean and include every place, whether indoors or out, or elsewhere, and the premises appurtenant thereto, where, either temporarily or permanently, any industry, trade, work or business, is carried on, or where any process or operation directly or indirectly related to any industry, trade, work or business, is carried on, including all construction work, and where any person is directly or indirectly employed by another for direct or indirect gain or profit, but shall not include any place where persons are employed solely in household domestic service, or any place of employment, concerning the safety of which jurisdiction may have been vested by law heretofore or hereafter in any other commission or public authority.

      (2) The term “employment” shall mean and include any trade, work, business, occupation or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture, including construction work, in which any person may be engaged, except where persons are employed solely in household domestic service.

      (3) The term “employer” shall mean and include every person, firm, voluntary association, corporation, officer, agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

      (4) The term “employee” shall mean and include every person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time in any place of employment.

      (5) The term “order” shall mean and include any decision, rule, regulation, direction, requirement or standard of the commission or any other determination arrived at or decision made by such commission under the safety provisions of this act.

 

 

 

 

 

 

 

 

Protection of workmen

 

Phrases and terms defined


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κ1919 Statutes of Nevada, Page 404 (CHAPTER 225)κ

 

Terms defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employer to further safety of employees

 

 

 

 

 

Same

 

 

 

 

 

 

Unsafe construction prohibited

Employee not to remove any safety device

      (6) The term “general order” shall mean and include such order, made under the safety provisions of this act, as applies generally throughout the state to all persons, employments or places of employment, or all persons, employments or places of employment of a class under the jurisdiction of the commission. All other orders of the commission shall be considered special orders.

      (7) The term “local order” shall mean and include any ordinance, order, rule or determination of any board of supervisors, city council, board of trustees or other governing body of any county, city and county, city, or any school district or other public corporation, or an order or direction of any other public official or board or department upon any matter over which the industrial accident commission has jurisdiction.

      (8) The terms “safe” and “safety” as applied to an employment or a place of employment shall mean such freedom from danger to the life or safety of employees as the nature of the employment will reasonably permit.

      (9) The terms “safety device” and “safeguard” shall be given a broad interpretation so as to include any practicable method of mitigating or preventing a specific danger.

      Sec. 2.  Every employer shall furnish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein, and shall furnish and use such safety devices and safeguards, and shall adopt and use such practices, means, methods, operation and processes as are reasonably adequate to render such employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life and safety of such employees.

      Sec. 3.  No employer shall require, permit or suffer any employee to go or be in any employment or place of employment which is not safe, and no such employer shall fail to furnish, provide and use safety devices and safeguards or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employment safe, and no such employer shall fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees, and no such employer shall maintain any place of employment that is not safe.

      Sec. 4.  No employer, owner or lessee of any real property in this state shall construct or cause to be constructed any place of employment that is not safe.

      Sec. 5.  No employee shall remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person, or interfere with the use of any method of process adopted for the protection of any employee, including himself, in such employment, or place of employment, or fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees.


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κ1919 Statutes of Nevada, Page 405 (CHAPTER 225)κ

 

or neglect to do every other thing reasonably necessary to protect the life and safety of such employees.

      Sec. 6.  It shall be the duty of the Nevada industrial commission and they shall have full power, jurisdiction and authority over all employments not within the jurisdiction of the department of the mining inspector, labor commissioner, and railroad and public service commissions:

      (1) To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order.

      (2) To fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, to be as nearly uniform as practical, as may be necessary to carry out all laws and lawful orders relative to the protection of the life and safety of employees in orders employments and places of employment.

      (3) To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render them safe.

      (4) To require the performance of any other act which the protection of the life and safety of employees in employments and places of employment may reasonably demand.

      (5) The commission may, upon application of any employer, or other person affected thereby, grant such time as may reasonably be necessary for compliance with any order, and any person affected by such order may petition the commission for an extension of time, which the commission shall grant if it finds such an extension of time necessary.

      (6) Whenever the commission shall learn or have reason to believe that any employment or place of employment is not safe or is injurious to the welfare of any employee, it may, of its own motion, or upon complaint, summarily investigate the same, with or without notice or hearings, and after a hearing upon such notice as it may prescribe, the commission may enter and serve such order as may be necessary relative thereto.

      (7) To appoint advisers who shall, without compensation, assist the commission in establishing standards of safety, and the commission may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers.

      Sec. 7.  Every employer, employee and other person shall obey and comply with each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the commission in connection with the matters herein specified, or in any way relating to or affecting safety of employments or places of employment, or to protect the life and safety of employees in such employments or places of employment, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation.

 

 

Duties of industrial commission

 

 

Duties specified

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employers and employees to cooperate in “safety first”


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κ1919 Statutes of Nevada, Page 406 (CHAPTER 225)κ

 

 

 

 

Order of commission to be evidence in any prosecution

 

 

 

 

 

Any person violating safety provisions guilty of misdemeanor

 

 

 

 

 

 

Each violation separate and distinct offense

 

 

Not to deprive county or municipal board of jurisdiction

life and safety of employees in such employments or places of employment, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation.

      Sec. 8.  Every order of the commission, general or special, its rules and regulations, findings and decisions, made and entered under the safety provisions of this act, shall be admissible as evidence in any prosecution for the violation of any of the said provisions and shall, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety, unless, prior to the institution of the prosecution of such violation or violations, proceedings for a rehearing thereon or a review thereof shall have been instituted and not then finally determined.

      Sec. 9.  Every employer, employee or other person who, either individually or acting as an officer, agent or employee of a corporation or other person, violates any safety provision contained in sections two, three, four or five of this act, or any part of any such provision, or who shall fail or refuse to comply with any such provision or any part thereof, or who, directly or indirectly, knowingly induces another so to do is guilty of a misdemeanor. In any prosecution under this section it shall be deemed prima facie evidence of a violation of any such safety provision, that the accused has failed or refused to comply with any order, rule, regulation or requirement of the commission relative thereto.

      Sec. 10.  Every violation of the provisions contained in sections two, three, four, or five of this act, or any part or portion thereof, by any person or corporation is a separate and distinct offense, and, in the case of a continuing violation thereof, each day’s continuance thereof shall constitute a separate and distinct offense.

      Sec. 11.  Nothing contained in this act shall be construed to deprive the board of county commissioners of any county, or city and county, the board of trustees of any city, or any other public corporations or board or department, of any power or jurisdiction over or relative to any place of employment.

 

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CHAPTER 226

 

Chap. 226–An Act to amend an act and to repeal section 15 of an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts and other governmental agencies,” approved March 22, 1917.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

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


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κ1919 Statutes of Nevada, Page 407 (CHAPTER 226)κ

 

      Section 5.  In case of great necessity or emergency, the board of county commissioners by unanimous vote, by resolution reciting the character and nature of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution by the board of county commissioners they shall publish notice of their intention to act thereon in a newspaper of the county for at least two publications at least one week apart, and no vote may be taken upon such emergency resolution until fifteen days after the first publication of said notice. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the state board of finance, for its approval, and no such resolution shall be effective until approved by the said state board of finance, and the resolution of the said state board of finance shall be recorded in the minutes of the board of county commissioners.

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

      Section 11.  In case of great necessity or emergency the governing board of any city, town, school district, high-school district, or irrigation district organized according to law, by unanimous vote, by resolution reciting the character of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution the governing board shall publish notice of their intention to act thereon in a newspaper of general circulation for at least two publications, one week apart, and no vote may be taken upon such emergency resolution until fifteen days after the first publication of said notice. Upon the unanimous adoption of any governing board of any emergency resolution, a certified copy thereof shall be forwarded to the state board of finance, for its approval, and no such resolution shall be effective until approved by the state board of finance, and the resolution of the said state board of finance recorded in the minutes of the board. Interest accounts come within the jurisdiction of the state board of finance and may be approved or disapproved in whole or in part by said board.

      Sec. 3.  Section 15 of the above-entitled act is hereby repealed.

County commissioners to authorize temporary loans, when and how

 

 

Intention to be published

 

 

State board of finance to approve

 

 

 

 

Municipal and district boards may authorize temporary loans, when and how

 

Intention to be published

 

 

 

State board of finance to approve

 

 

 

Section repealed

 

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κ1919 Statutes of Nevada, Page 408κ

CHAPTER 227

 

 

 

 

 

 

 

 

 

Dealers and repairers to keep record of strange motor vehicles

 

 

 

 

 

What record shall show

 

 

 

 

 

Record open to officers

 

Penalty for violation of act

Chap. 227–An Act to require dealers in motor vehicles, accessories or supplies, garage keepers and motor-vehicle repair men, to keep and exhibit a record of certain motor vehicles, and making any violation of the act a misdemeanor.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every dealer in motor vehicles, and every dealer in motor-vehicle accessories or supplies, including motor-engine fuel, and every person or corporation conducting the business of repairing motor vehicles, shall keep in permanent and legible form a record in which such dealer, person or corporation shall cause to be truly and accurately entered, in the English language, concerning every motor vehicle driven by a stranger, or not known to belong in the community in which such business is conducted, which comes to his place of business for supplies, accessories, repairs or information, the following facts, to wit:

      1.  The date such motor vehicle came to such place of business.

      2.  The make of such motor vehicle, and the type thereof; that is, whether a truck or passenger car, and if the latter, its ordinary passenger capacity, and whether a touring car or roadster.

      3.  The license number of such motor vehicle, and by what state issued.

      4.  The number of persons traveling in such motor vehicle.

      Sec. 2.  The said record shall, on demand, be exhibited to and be open to inspection and copying by any peace officer and members of the Nevada state police.

      Sec. 3.  Any person required by this act to keep or so exhibit such record, and any officer, agent or employee of any corporation so required, who fails or refuses so to do, and any person who alters, obliterates, defaces or destroys any such record within six months after the same shall have been made, and any person who otherwise violates any provision of this act, shall be guilty of a misdemeanor.

 

________

 

CHAPTER 228

 

Chap. 228–An Act to amend an act entitled “An act providing for the government of towns and cities of this state,” approved February 26, 1881, and being section 877 of the Revised Laws.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

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


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κ1919 Statutes of Nevada, Page 409 (CHAPTER 228)κ

 

      Section 1.  In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the following with regard to the management of the affairs and business of any unincorporated town or city in their respective counties:

      First-To fix and define the boundary of such town or city within which the jurisdiction herein conferred shall be exercised; provided, that in the case of any disincorporated town or city the boundaries shall be fixed at the time of such disincorporation, but any change of such boundaries may be made by the board upon petition of a majority of the taxpayers thereof.

      Second-To institute and maintain any suit or suits in any court or courts necessary in their judgment to enforce and maintain any right or rights of said town or city; all such suits shall be prosecuted in the name of the board of county commissioners for the use and benefit of the inhabitants of said town or city, and shall be entitled accordingly in all pleadings and proceedings.

      Third-To levy a tax, not exceeding one and one-half per cent per annum, upon the assessed value of all real and personal property (including proceeds of mines) situated in said town or city, made taxable by law for state and county purposes.

      Fourth-To lay out, extend and alter the streets and alleys in said town or city, and provide for the grading, draining, cleaning, widening, lighting or otherwise improving the same; also, to provide for the construction, repair and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks of said town or city; provided, that said board may, in its discretion, assess the cost of improving any street or building, or repairing a sidewalk, to the owner or owners of the property in front of which said street, or sidewalk, or proposed sidewalk may be, and may make such cost of improvement, repairs, or building, a lien upon such property.

      Fifth-To condemn property for the use of the inhabitants of said town or city, in the manner hereinafter provided.

      Sixth-To provide for the prevention and extinguishment of fires, and organize, regulate, establish and disband fire companies or fire departments in said city or town and to provide for the payment thereof and the appointment and payment of officers thereto; provided, that all such payments shall be made from the separate fund of the city or town where service is performed or required; and provided further, that the chief engineer of the fire department shall receive compensation in a sum not to exceed one hundred and fifty ($150) dollars per month; the assistant chief engineer of the fire department not to exceed one hundred and twenty-five ($125) dollars per month; and all other employees of the fire department not to exceed one hundred ($100) dollars per month; and further provided, that a majority of the board of county commissioners shall name and appoint two-thirds of all such officers and employees, and the minority thereof shall name and appoint one-third.

Duties of county commissioners regarding unincorporated towns and cities

 

Duties specified


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κ1919 Statutes of Nevada, Page 410 (CHAPTER 228)κ

 

Duties of county commissioners specified regarding unincorporated towns and cities

the fire department not to exceed one hundred ($100) dollars per month; and further provided, that a majority of the board of county commissioners shall name and appoint two-thirds of all such officers and employees, and the minority thereof shall name and appoint one-third.

      Seventh-To regulate the storage of gunpowder and other explosive or combustible materials within said town or city.

      Eighth-To determine what shall be nuisances in such town or city, and provide for the punishment, prevention and removal of the same.

      Ninth-To fix and collect a license tax on, and regulate all places of business and amusement so licensed, as follows, to wit: Artisans, artists, assayers, auctioneers, bakers, bankers, barbers, billiard tables, boilermakers, boot- and shoe-makers and cobblers, bowling alleys, brokers, factors and general agents, commission merchants, circus, caravan or menagerie, concerts and other exhibitions, dance-houses, saloons or cellars and places where soft drinks are kept or sold, express and freight companies, foundries, gaming hawkers and peddlers, hay-yards, wagon-yards and corrals, hotels, boarding-houses and lodging-houses, illuminating gas, electric-light companies, power companies, telephone companies, water companies, express companies, banks and bankers, insurance agents, job-wagons, carts and drays, laundries, livery and sale stables, lumber-yards, manufacturers of liquors and other beverages, manufacturers of soap, soda, borax or glue, markets, merchants and traders, milliners and dressmakers, newspaper publishers, pawnbrokers, restaurants and refreshment saloons, barrooms, shooting galleries, skating rinks, solicitors, drummers, mercantile agents, stages and omnibusses, stockbrokers, tailors, clothes-cleaners, telegraph companies, theaters, melodeons and other exhibitions, undertakers, wood and coal dealers, having due regard to the amount of business done by each person or firm so licensed; to license, tax and regulate, prohibit and suppress all tippling houses, dram-shops, public card tables, raffles, hawkers, peddlers and pawnbrokers, gambling-houses, disorderly houses, and houses of ill-fame; to levy and collect an annual tax on all dogs owned or kept within the limits of said town or city, and to provide for the extermination of all dogs for which such tax shall not have been paid, and to prohibit the keeping of hogs or the running at large of goats, cows or other animals within the limits of said town or city; to fix and collect a license tax upon all professions, trades or business within said town or city not heretofore specified.

      Tenth-To provide for the issuance of all licenses in this act mentioned or authorized to be issued, and to fix the terms on which and the sums for which the same shall be issued.

      Eleventh-To prevent, punish and restrain any disorderly conduct within said town or city; to establish and maintain a board of health.


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κ1919 Statutes of Nevada, Page 411 (CHAPTER 228)κ

 

      Twelfth-To hold, manage, use and dispose of the real and personal property of said town or city, and collect all dues and demands belonging to or coming to the same; but no sale of any such property shall be made until after it be appraised by three appraisers, taxpayers of said town or city, at the actual market value, nor shall it be sold for less than three-fourths of such appraised value.

      Thirteenth-To fix and prescribe the punishment for the breach of ordinance made or adopted by said board of county commissioners, to be enforced within said town or city; but no fines shall be imposed for one offense in a sum greater than five hundred ($500) dollars, and no term of imprisonment shall be more than six months, but in lieu of imprisonment any person committed for punishment may be made to work on any public work in said town or city, and to that end a chain-gang may be formed, continued and operated.

      Fourteenth-To pass or adopt all ordinances, rules and regulations, and do and perform all other acts and things necessary for the execution of the powers and jurisdiction by this act conferred; provided, that all ordinances of said town or city in force at the date of the assumption of said board of county commissioners of the powers and duties by this act conferred or imposed, and not inconsistent therewith shall remain in full force and be enforced until changed or repealed by such board; and provided further, that no ordinance passed by said board shall be in force or effect until published for one week.

      Fifteenth-To audit and allow all claims properly payable out of the funds of said town or city. Any property, real or personal, necessary for the public use of said town or city, or the inhabitants thereof, may be condemned and appropriated in the following manner: The board of county commissioners shall appoint one referee and the claimant or claimants, or owner or owners of the property sought to be condemned, shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property or the interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or the interest or interests therein by them appraised, shall be reported to said board of county commissioners, and shall be by them regarded as final and binding, unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the district court of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in gold coin, of the sum named as the value of such property interest or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein appraised, shall become and be the property of said town or city, and said board of county commissioners may, at any time after twenty days notice, cause the sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal.

Duties of county commissioners specified regarding unincorporated towns and cities


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

κ1919 Statutes of Nevada, Page 412 (CHAPTER 228)κ

 

Duties of county commissioners specified regarding unincorporated towns and cities

shall become and be the property of said town or city, and said board of county commissioners may, at any time after twenty days notice, cause the sheriff of the county to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by the board of county commissioners, to appoint a referee to value such property, then said board of county commissioners shall constitute a board of appraisers of such property, and their valuation of the same shall be final and binding, subject to right of appeal, as hereinbefore provided; but no act of condemnation of property, or of any claim of interest therein as herein provided, shall be deemed or held as an admission on the part of said town or city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or county commissioners, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be a benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.

 

________

 

CHAPTER 229

 

 

 

 

 

 

 

 

 

 

 

Relating to collection to taxes

 

 

Delinquent; 15% added, when

Chap. 229–An Act to amend sections 32, 34, and 39 of an act entitled “An act to provide for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 32 of the above-entitled act is hereby amended so as to read as follows:

      Section 32.  Upon receiving the assessment roll from the auditor, the ex officio tax receiver shall proceed to receive taxes, and shall forthwith give notice, by publication in some newspaper published in his county, and if none be so published, then by posting notices in three public and conspicuous places in the county, that taxes will be delinquent on the first Monday in December, and if any person charged with taxes which are a lien on real estate, according to existing law, shall fail to pay one-half of said taxes prior thereto, then the entire tax shall become due, and a penalty of fifteen (15%) per cent will be added to the amount thereof; and the tax receiver shall forward by mail a post card to each taxpayer, if the postoffice address of such taxpayer is known to him, notifying him of the amount due.


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

κ1919 Statutes of Nevada, Page 413 (CHAPTER 229)κ

 

card to each taxpayer, if the postoffice address of such taxpayer is known to him, notifying him of the amount due.

      Sec. 2.  Section 34 of the above-entitled act is hereby amended so as to read as follows:

      Section 34.  On the first Monday in December the ex officio tax receiver, at the close of his official business on that day, shall enter upon the assessment roll a statement that he has made a levy upon all property therein assessed, the taxes upon which have not been paid, and shall mark the word “delinquent” on the assessment roll opposite the name of the person or description of the property liable for such taxes, and shall immediately ascertain the total amount of taxes then delinquent, and prepare a list which shall specify and give:

      First-Roll number, page or reference;

      Second-Name of owner, if known;

      Third-Amount of taxes due, together with penalty;

and shall file a copy of same, verified by oath of himself or deputy, in the office of the county auditor.

      A penalty of three per cent per month shall be added and collected by the tax receiver on all such delinquent property from the date of delinquency until paid, or if still unpaid on the first Monday in June next succeeding, such penalty of three (3%) per cent per month shall be added to the original tax, together with the penalty of fifteen (15%) per cent hereinbefore provided, and the same shall become a lien on the property so assessed; and the tax receiver shall immediately prepare a delinquent list which shall include this property, together with any property that may become delinquent on account of the failure to pay the second installment of taxes.

      Sec. 3.  Section 39 of the above-entitled act is hereby amended so as to read as follows:

      Section 39.  Immediately after the second Monday in June of each year, the county treasurer and ex officio tax receiver shall advertise the property, upon which delinquent taxes are a lien for sale, in all cases where the delinquent tax exclusive of lien poll-taxes and penalties, does not exceed the sum of three ($300) hundred dollars, such sale to be made at the front door of the county courthouse on the third Monday in July next succeeding. Such notice shall be published in a newspaper, if there be one in the county, at least once a week from the date thereof until the time of sale, and if there be no newspaper in the county such notice shall be posted by the auditor in at least five conspicuous places within the county; provided, that the cost of publication in each case shall be charged to the delinquent taxpayer and shall, in no case, be a charge against the state or county; and provided further, that such publication shall be made at not more than legal rates. Such notice shall be posted or published at least twenty-five days prior to date of sale, and shall specify and give:

 

 

 

 

Tax receiver to levy on delinquent property

 

 

 

 

 

What delinquent list shall show

 

 

 

Penalty 3% per month on delinquent tax

 

 

 

 

 

 

 

 

Sale of delinquent property; notice published 25 days previous to sale

 

 

 

 

Cost of publication charge against delinquent taxpayer


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κ1919 Statutes of Nevada, Page 414 (CHAPTER 229)κ

 

What notice shall contain

 

 

 

 

 

 

 

 

 

 

Only quantity sold to satisfy tax and costs

      First-The name of the owner, if known.

      Second-The amount of taxes due from him, together with the penalty and costs.

      Third-The description of the property on which such taxes are a lien and which will be sold for the payment thereof.

      Fourth-And that ten (10%) per cent on such taxes and cost of advertising will be collected in addition to the original tax, or the property sold for all of said sums, specifying the time and place of said sale, and that such sale is subject to redemption within one year after the date of sale by payment of said sums with three (3%) per cent per month thereon from day of sale until paid; provided, that such redemption may be made in accordance with the provisions of the civil practice act of this state in regard to real property sold under execution, except as to percentage of redemption as in this section provided.

      The bidding at tax sales under the provisions of this section shall be for the smallest quantity of property that will pay the taxes, penalty and costs.

 

________

 

CHAPTER 230

 

 

 

 

 

 

 

 

 

 

 

County may bid in delinquent property for taxes

 

 

 

 

Same may be redeemed

Chap. 230–An Act to amend section 40 of an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 40 of the above-entitled act is hereby amended so as to read as follows:

      Section 40.  After receiving the amount of taxes, penalty and costs, the treasurer shall make out in duplicate a certificate, dated on the day of sale, stating (when known) the name of the person assessed, a description of the land sold, the amount paid therefor, that it was sold for taxes, giving the amount and year of the assessment, and specifying the time when the purchaser will be entitled to a deed, if the land is not sooner redeemed; provided, that if no one else shall bid upon any piece of land at such sale, the treasurer shall bid the same in for the benefit of the county and state, and file a certificate thereof with the county recorder; and the same shall be subject to redemption from the treasurer the same as from a private purchaser; and if not redeemed, the title thereto shall vest in the county for the benefit of the county and state, and may be disposed of as provided by law. Until the period of redemption as provided by law has expired, the property described in the certificate of sale shall be assessed to the person named in such certificate of sale, and before redemption by the owner thereof such certificate holder shall be reimbursed for any additional taxes thereon he may pay, together with interest thereon as provided by law.


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κ1919 Statutes of Nevada, Page 415 (CHAPTER 230)κ

 

and before redemption by the owner thereof such certificate holder shall be reimbursed for any additional taxes thereon he may pay, together with interest thereon as provided by law. One of the duplicate certificates of sale issued by the treasurer, in case of a private purchaser, shall be filed in the office of the county recorder.

 

 

________

 

CHAPTER 231

Chap. 231–An Act to amend an act entitled “An act concerning the courts of justice of this state, and judicial officers,” as amended.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section fifty of an act entitled “An act concerning the courts of justice of this state, and judicial officers,” as amended, is hereby amended to read as follows:

      Section 50.  No court shall be opened, nor shall any judicial business be transacted on Sunday, on the 1st day of January (New Year day), on the 12th day of February (Lincoln’s birthday), on the 22d day of February (Washington’s birthday), on the 30th day of May, commonly known as Memorial Day, on the 4th day of July, on the first Monday of September of each year (Labor day), on the 12th day of October, to be known as Columbus day; on the 31st day of October, to be known as Admission day; on Thanksgiving day; on the 25th day of December (Christmas day); on a day on which the primary election is held throughout the state; on a day on which the general election is held, or on any day that may be appointed by the president of the United States, or by the governor of this state, for public fast, thanksgiving or holiday, except for the following purposes:

      First-To give, upon their request, instructions to a jury, then deliberating on their verdict.

      Second-To receive a verdict or discharge a jury.

      Third-For the exercise of the power of a magistrate in a criminal action, or in a proceeding of a criminal nature.

      Fourth-For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining said writ the additional averment as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by said writ to wait till subsequent day for the issuance of the same. And all proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of said writ.

 

 

 

 

 

 

 

 

Specifying nonjudicial days

 

 

 

 

 

 

 

 

 

 

 

 

Legal matters which may be transacted on such days


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κ1919 Statutes of Nevada, Page 416 (CHAPTER 231)κ

 

 

 

Falling on Sunday, Monday following observed

 

Not to affect private transactions

ings commenced on other days, whether a lien be obtained or a levy made under and by virtue of said writ.

      If the 1st day of January, 12th day of February, 22d day of February, 30th day of May, 4th day of July, 12th day of October, 31st day of October, or the 25th day of December fall upon a Sunday, all judicial business, except for the purposes above noted, shall be suspended on the following Monday.

      Nothing herein contained shall affect private transactions of any nature whatsoever.

 

________

 

CHAPTER 232

 

 

 

 

 

 

 

 

 

Amending criminal practice act

Indictment or information, first pleading

 

What indictment or information shall contain

 

 

 

 

When defendant is named fictitiously or erroneously

 

 

 

Offenses occurring at different times and places must not be joined

Chap. 232–An Act to amend an act entitled “An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

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

      Section 199.  The first pleading on the part of the state is the indictment or information.

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

      Section 200.  The indictment or information must contain the title of the action, specifying the name of the court to which the same is presented and the names of the parties, and a statement of the acts constituting the offense in ordinary and concise language and in such manner as to enable a person of common understanding to know what is intended.

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

      Section 203.  When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings referring to the fact of his being charged by the name mentioned in the indictment or information.

      Sec. 4.  Section two hundred four of the above-entitled act is amended to read as follows:

      Section 204.  The indictment or information may charge different offenses or different statements of the same offenses, under separate counts, but they must all relate to the same act, transaction, or event, and charges of offenses occurring at different and distinct times and places must not be joined. The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information, but the defendant may be convicted of but one of the offenses charged, and the same must be stated in the verdict.

      Sec. 5.  Section two hundred five of the above-entitled act is amended to read as follows:


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κ1919 Statutes of Nevada, Page 417 (CHAPTER 232)κ

 

      Section 205.  The precise time at which an offense was committed need not be stated in the indictment or information, but it may be alleged to have been committed at any time before the finding of the indictment or the filing of the information, except where or when the time is a material ingredient to the offense.

      Sec. 6.  Section two hundred seven of the above-entitled act is amended to read as follows:

      Section 207.  The words used in an indictment or information shall be construed in the usual acceptance in common language, except such words and phrases as are defined by law and these shall be construed according to their legal meaning.

      Sec. 7.  Section two hundred eight of the above-entitled act is amended to read as follows:

      Section 208.  Words used in a statute to define a public offense need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used.

      Sec. 8.  Section two hundred nine of the above-entitled act is amended to read as follows:

      Section 209.  The indictment or information shall be sufficient if it can be understood therefrom:

      1.  That it is entitled in a court having authority to receive it, though the name of the court be not accurately set forth.

      2.  If an indictment, that it was found by a grand jury of the county in which the court was held, or, if an information, that it was subscribed and presented to the court by the district attorney of the county in which the court was held.

      3.  That the defendant is named, or, if his name cannot be discovered, that he is described by a fictitious name, with the statement that his true name is to the grand jury or district attorney, as the case may be, unknown.

      4.  That the offense was committed at some place within the jurisdiction of the court.

      5.  That the offense was committed at some time prior to the time of finding the indictment or filing the information.

      6.  That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition and in such a manner as to enable a person of common understanding to know what is intended.

      7.  That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction, according to the right of the case.

      Sec. 9.  Section two hundred ten of the above-entitled act is amended to read as follows:

      Section 210.  No indictment or information shall be deemed insufficient, nor shall the trial, judgment or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not tend to the prejudice of a substantial right of the defendant upon its merits.

Time of offense, how stated

 

 

 

 

Construction of words in indictment or information

 

 

Exact words of statute not necessary

 

 

 

Indictment or information, when sufficient

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defect in form not material if not prejudicial


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κ1919 Statutes of Nevada, Page 418 (CHAPTER 232)κ

 

 

 

 

What need not be stated

 

 

 

Requisites of indictment or information for libel

 

 

 

 

 

Trial for forgery; lost instrument, description of, immaterial

 

 

 

 

Perjury, what deemed sufficient

 

 

 

 

 

 

 

 

 

Obtaining under false pretense, what sufficient description of offense

prejudice of a substantial right of the defendant upon its merits.

      Sec. 10.  Section two hundred eleven of the above-entitled act is amended to read as follows:

      Section 211.  Neither presumptions of law nor matters of which judicial notice is taken need be stated in an indictment or information.

      Sec. 11.  Section two hundred fourteen of the above-entitled act is amended to read as follows:

      Section 214.  An indictment or information for libel need not set forth any intrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the indictment or information is founded; but it is sufficient to state generally that the same was published concerning him and the fact that is was so published must be established on the trial.

      Sec. 12.  Section two hundred fifteen of the above-entitled act is amended to read as follows:

      Section 215.  When an instrument which is the subject of an indictment or information for forgery has been destroyed or withheld by the act or procurement of the defendant, and the fact of such destruction or withholding is alleged in the indictment or information and established on the trial, the misdescription of the instrument shall be deemed immaterial.

      Sec. 13.  Section two hundred sixteen of the above-entitled act is amended to read as follows:

      Section 216.  In an indictment or information for perjury or subornation of perjury, it is sufficient to set forth the substances of the controversy or matter in respect to which the offense was committed, and in what court, or before whom, the oath alleged to be false was taken, and that the court or the person before whom it was taken had authority to administer the same, with proper allegations as to the falsity of the matter of which the perjury is assigned; but the indictment or information need not set forth the pleadings, record or proceedings with which the oath is connected, or the commission or the authority of the court or person before whom the perjury was committed.

      Sec. 14.  Section two hundred seventeen of the above-entitled act is amended to read as follows:

      Section 217.  In every complaint, indictment or information for obtaining or attempting to obtain any chose in action, money, goods, wares, chattels, effects or other valuable things, by false representations or by causing or procuring others to report falsely of his wealth or mercantile character, or by any false pretense whatsoever, it shall be a sufficient description of the offense to charge that the accused did, at a certain time and place, unlawfully obtain, or attempt to obtain, as the case may be, from A. B. his money or property, describing it generally, where it can be done, by means and by use of a cheat, or fraud, or trick, or deception, or false representation, or false pretense, or confidence game, or false and bogus check, or instrument, or coin, or metal, as the case may be, with intent to cheat and defraud the said A. B.


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

κ1919 Statutes of Nevada, Page 419 (CHAPTER 232)κ

 

representation, or false pretense, or confidence game, or false and bogus check, or instrument, or coin, or metal, as the case may be, with intent to cheat and defraud the said A. B.

      Sec. 15.  Section two hundred eighteen of the above-entitled act is amended to read as follows:

      Section 218.  In an indictment or information for the larceny or embezzlement of money, bank-notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank-notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof.

      Sec. 16.  Section two hundred nineteen of the above-entitled act is amended to read as follows:

      Section 219.  An indictment or information for exhibiting, publishing, passing, selling, or offering to sell, or having in possession, with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper or writing; but it is sufficient to state generally the fact of the lewdness or obscenity thereof.

      Sec. 17.  Section two hundred twenty of the above-entitled act is amended to read as follows:

      Section 220.  Upon an indictment or information against several defendants, any one or more may be convicted or acquitted.

      Sec. 18.  Section two hundred twenty-one of the above-entitled act is amended to read as follows:

      Section 221.  No distinction shall exist between an accessory before the fact and a principal in the first and second degree in cases of felony and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried and punished as principals, and no other facts need be alleged in any indictment or information against such an accessory than are required in an indictment or information against his principal.

      Sec. 19.  Section two hundred twenty-two of the above-entitled act is amended to read as follows:

      Section 222.  An accessory after the fact to the commission of a felony may be prosecuted by an indictment or information, tried and punished, though the principal may be neither prosecuted nor tried, and though the principal may have been acquitted.

      Sec. 20.  Section two hundred twenty-three of the above-entitled act is amended to read as follows:

 

 

 

 

 

What sufficient in charge of larceny or embezzlement

 

 

 

 

 

Same for selling or keeping obscene books, etc.

 

 

 

 

 

One or more defendants may be convicted or acquitted

 

No distinction between principal and accessory before the fact

 

 

 

 

 

 

Accessory after fact may be prosecuted though principal escapes punishment


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κ1919 Statutes of Nevada, Page 420 (CHAPTER 232)κ

 

Compounding and concealing offenses punished

 

 

 

 

 

Defendant must be arraigned

 

 

 

Defendant charged with felony must appear personally

 

 

Failure of defendant on bail to appear, procedure

 

 

 

Bench warrant

 

 

 

 

 

Form of bench warrant

      Section 223.  A person may be indicted or informed against for having, with the knowledge of the commission of a public offense, taken money or property of another, or a gratuity, or a reward, or an engagement, or understanding, express or implied, to compound or conceal the offense or to abstain from a prosecution therefor or to withhold any evidence thereof, though the person guilty of the original offense has not been indicted, informed against nor tried.

      Sec. 21.  Section two hundred twenty-four of the above-entitled act is amended to read as follows:

      Section 224.  When the indictment or information is filed, the defendant must be arraigned thereon before the court in which it is found unless the cause is transferred to some other county for trial.

      Sec. 22.  Section two hundred twenty-five of the above-entitled act is amended to read as follows:

      Section 225.  If the indictment or information be for a felony, the defendant must be personally present; but if for a misdemeanor, his personal appearance is unnecessary and he may appear upon arraignment by counsel.

      Sec. 23.  Section two hundred twenty-seven of the above-entitled act is amended to read as follows:

      Section 227.  If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear to be arraigned when his personal attendance is necessary, the court, in addition to the forfeiture of the recognizance, or of the money deposited, may direct the clerk to issue a bench warrant for his arrest; if the defendant has been indicted by the grand jury or informed against by the district attorney of the county without having been previously charged or held to answer, the court may also direct the clerk to issue a bench warrant for his arrest.

      Sec. 24.  Section two hundred twenty-nine of the above-entitled act is amended to read as follows:

      Section 229.  The bench warrant upon the indictment or information shall be substantially in the following form:

 

      County of .................................... The State of Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this state: An indictment having been found (or information filed) on the .......... day of ....................................., A. D. 19...., in the district court of the ..........................., county of .................................., charging C. D. with the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named C. D. and bring him before that court to answer the indictment or information; or if the court is not in session that you deliver him into the custody of the sheriff of the county of ............................... By order of the court. Given under my hand with the seal of the court affixed this ......... day of .........................., A. D. 19.....

             (Seal)                                                                                           E. F., Clerk.


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κ1919 Statutes of Nevada, Page 421 (CHAPTER 232)κ

 

      Sec. 25.  Section two hundred thirty-three of the above-entitled act is amended to read as follows:

      Section 233.  When the indictment or information is for a felony and the defendant, before the filing thereof has given bail for his appearance to answer the charge, the court in which the indictment or information is presented, or in which it is pending, may order the defendant to be committed to actual custody unless he gives bail in an increased amount, to be specified in the order.

      Sec. 26.  Section two hundred thirty-six of the above-entitled act is amended to read as follows:

      Section 236.  The arraignment must be made by the court or by the clerk, or district attorney, under its direction, and consists in reading the indictment or information to the defendant, and delivering to him a copy thereof and of the indorsements thereon including the list of witnesses indorsed on it and asking him whether he pleads guilty or not guilty to the indictment or information.

      Sec. 27.  Section two hundred thirty-seven of the above-entitled act is amended to read as follows:

      Section 237.  When the defendant is arraigned he must be informed that, if the name by which he is prosecuted is not his true name, he must then declare his true name or be proceeded against by the name in the indictment or information; if he gives no other name, the court may proceed accordingly; but, if he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the information or indictment may be had against him by that name, referring also to the name by which he was first charged therein.

      Sec. 28.  Section two hundred thirty-eight of the above-entitled act is amended to read as follows:

      Section 238.  If on the arraignment the defendant requires it, he must be allowed a reasonable time, not less than one day, to answer the indictment or information.

      Sec. 29.  Section two hundred thirty-nine of the above-entitled act is amended to read as follows:

      Section 239.  The defendant may, in answer to the arraignment, move to set aside, demur or plead to the indictment or information.

      Sec. 30.  Section two hundred forty of the above-entitled act is amended to read as follows:

      Section 240.  The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in any of the following cases:

      If it be an indictment:

      1.  Where it is not found indorsed and presented as prescribed in this act.

      2.  When the names of the witnesses examined before the grand jury, or whose deposition may have been read before them, are not inserted at the foot of the indictment, or indorsed thereon.

 

 

Bail increased, when

 

 

 

 

 

 

Arraignment, how made

 

 

 

 

 

 

Procedure when defendant does not declare true name

 

 

 

 

 

 

 

Time given to answer arraignment

 

 

Defendant may answer, demur or plead

 

 

When indictment or information set aside


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κ1919 Statutes of Nevada, Page 422 (CHAPTER 232)κ

 

 

Indictment, when set aside

 

 

 

 

 

Information, when set aside

 

Objections, when deemed waived

 

 

 

Motion, when heard

Proceedings when motion is denied or granted

 

 

 

Proviso

 

 

 

 

 

 

Defendant to remain in custody, or on bail, on resubmission of case

them, are not inserted at the foot of the indictment, or indorsed thereon.

      3.  When a person is permitted to be present during the session of the grand jury, when the charge embraced in the indictment is under consideration, except as provided in section 180.

      4.  When the defendant has not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror.

      If it be an information:

      1.  That it was not subscribed by the district attorney of the county.

      Sec. 31.  Section two hundred forty-one of the above-entitled act is amended to read as follows:

      Section 241.  If the motion to set aside the indictment or information is not made, the defendant is precluded from afterward taking the objections mentioned in the last section.

      Sec. 32.  Section two hundred forty-two of the above-entitled act is amended to read as follows:

      Section 242.  The motion must be heard at the time it is made, unless for good cause the court postpones the hearing to another time. If the motion is denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto. If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that the case be resubmitted to the same or another grand jury, or that an information be filed by the district attorney; provided, that after such order of resubmission the defendant may be examined before a magistrate, and discharged, or committed by him, as in other cases, if before indictment or information filed he has not been examined and committed by a magistrate or has not theretofore waived his preliminary examination.

      Sec. 33.  Section two hundred forty-three of the above-entitled act is amended to read as follows:

      Section 243.  If the court directs the case to be resubmitted or an information to be filed, the defendant, if already in custody, must so remain unless he is admitted to bail; or if already admitted to bail, or money has been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment or information; but unless a new indictment is found or information filed before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the order prescribed by the preceding section.

      Sec. 34.  Section two hundred forty-four of the above-entitled act is amended to read as follows:


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κ1919 Statutes of Nevada, Page 423 (CHAPTER 232)κ

 

      Section 244.  An order to set aside an indictment or information, as provided in this chapter, is no bar to a future prosecution for the same offense.

      Sec. 35.  Section two hundred forty-seven of the above-entitled act is amended to read as follows:

      Section 247.  The defendant may demur to the indictment or information when it appears upon the face thereof, either:

      1.  If an indictment, that the grand jury by which it was found had no legal authority to inquire into the offense charged by reason of its not being within the legal jurisdiction of the court, or if an information, that the court has no jurisdiction of the offense charged therein.

      2.  If an indictment, that it does not substantially conform to the requirements of sections 200 and 201 of this act; if an information, that it does not conform to sections 3 and 4 of an act entitled “An act providing for the prosecution and punishment of crimes, misdemeanors and offenses by information,” approved March 24, 1913.

      3.  That more than one offense is charged except as provided in section 204 of this act.

      4.  That the facts stated do not constitute a public offense.

      5.  That the indictment or information contains matter, which, if true, would constitute legal justification or excuse of the offense charged, or other legal bar to the prosecution.

      Sec. 36.  Section two hundred forty-eight of the above-entitled act is amended to read as follows:

      Section 248.  The demurrer must be in writing, signed by either the defendant or his counsel, and filed. It must distinctly specify the ground of objection to the indictment or information, or it must be disregarded.

      Sec. 37.  Section two hundred fifty-one of the above-entitled act is amended to read as follows:

      Section 251.  If the demurrer is allowed, the judgment is final upon the indictment or information demurred to and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indictment or information, direct the case to be submitted to the same or another grand jury, or directs a new information to be filed; provided, that after such order or resubmission the defendant may be examined before a magistrate and discharged or committed by him, as in other cases.

      Sec. 38.  Section two hundred fifty-two of the above-entitled act is amended to read as follows:

      Section 252.  If the court does not permit the information to be amended nor direct that an information be filed or that the case be resubmitted, as provided in the preceding section, the defendant, if in custody, must be discharged, or if admitted to bail, his bail is exonerated, or if he has deposited money instead of bail, the money must be refunded to him.

Order no bar to further prosecution

 

 

Grounds for demurrer to indictment or information

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of demurrer

 

 

 

 

Allowance of demurrer bar to another prosecution, when

 

 

Proviso

 

 

 

When defendant discharged, or bail exonerated


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κ1919 Statutes of Nevada, Page 424 (CHAPTER 232)κ

 

 

 

Objections, how taken

 

 

 

 

 

 

Kinds of pleas

 

 

 

 

 

 

 

 

Pleas, how entered, form of

 

 

 

 

 

 

 

 

 

 

 

 

Plea of guilty, how entered

 

 

 

 

Plea of not guilty, puts in issue, what

      Sec. 39.  Section two hundred fifty-five of the above-entitled act is amended to read as follows:

      Section 255.  When the objections mentioned in section 247 appear upon the face of the indictment or information they can only be taken advantage of by demurrer, except that the objection to the jurisdiction of the court over the subject of the indictment or information, or that the facts stated do not constitute a public offense, may be taken at the trial under the plea of not guilty, and in arrest of judgment.

      Sec. 40.  Section two hundred fifty-six of the above-entitled act is amended to read as follows:

      Section 256.  There are four kinds of pleas to an indictment or information. A plea of:

      1.  Guilty.

      2.  Not guilty.

      3.  A former judgment of conviction or acquittal of the offense charged which may be pleaded, either with or without the plea of not guilty.

      4.  Once in jeopardy.

      Sec. 41.  Section two hundred fifty-seven of the above-entitled act is amended to read as follows:

      Section 257.  Every plea must be oral and must be entered upon the minutes of the court in substantially the following form:

      1.  If the defendant plead guilty: “The defendant pleads that he is guilty of the offense charged.”

      2.  If he plead not guilty: “The defendant pleads that he is not guilty of the offense charged.”

      3.  If he plead a former conviction or acquittal: “The defendant pleads that he has already been convicted (or acquitted) of the offense charged by the judgment of the court of ....................................(naming it), rendered at ....................(naming the place), on the .......... day of ......................................”

      4.  If he pleads once in jeopardy: “The defendant pleads that he has been once in jeopardy for the offense charged (specifying the time, place and court).”

      Sec. 42.  Section two hundred fifty-eight of the above-entitled act is amended to read as follows:

      Section 258.  A plea of guilty can be put in by the defendant himself only in open court, unless upon indictment or information against a corporation, in which case it may be put in by counsel. The court may at any time before judgment, upon a plea of guilty, permit it to be withdrawn and a plea of not guilty substituted.

      Sec. 43.  Section two hundred fifty-nine of the above-entitled act is amended to read as follows:

      Section 259.  The plea of not guilty puts in issue every material allegation of the indictment or information.

      Sec. 44.  Section two hundred sixty-one of the above-entitled act is amended to read as follows:

      Section 261.  If the defendant was formerly acquitted on the ground of variance between the indictment or information and proof, or the indictment or information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense without a judgment of acquittal, it is not an acquittal of the same offense.


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κ1919 Statutes of Nevada, Page 425 (CHAPTER 232)κ

 

the ground of variance between the indictment or information and proof, or the indictment or information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense without a judgment of acquittal, it is not an acquittal of the same offense.

      Sec. 45.  Section two hundred sixty-two of the above-entitled act is amended to read as follows:

      Section 262.  Whenever the defendant is acquitted on the merits he is acquitted of the same offense, notwithstanding any defect in form or substance in the indictment or information on which the trial was had.

      Sec. 46.  Section two hundred sixty-three of the above-entitled act is amended to read as follows:

      Section 263.  When the defendant is convicted or acquitted, or has been once placed in jeopardy upon an indictment or information, the conviction, acquittal or jeopardy is a bar to another indictment or information for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that indictment or information.

      Sec. 47.  Section two hundred sixty-four of the above-entitled act is amended to read as follows:

      Section 264.  If the defendant refuses to answer the indictment or information by a demurrer or plea, a plea of not guilty must be entered.

      Sec. 48.  Section two hundred sixty-five of the above-entitled act is amended to read as follows:

      Section 265.  A criminal action prosecuted by indictment or information may be removed from the court in which it is pending, on application of the defendant or state, on the ground that a fair and impartial trial cannot be had in the county where the indictment or information is pending.

      Sec. 49.  Section two hundred sixty-six of the above-entitled act is amended to read as follows:

      Section 266.  The application for removal must be made in open court and in writing, verified by the affidavit of the defendant or district attorney, and a copy of said affidavit must be served on the adverse party, at least one day prior to the hearing of the application; provided, the application may be supported or opposed by other affidavits or other evidence, or other witnesses may be examined in open court. Whenever the affidavit of the defendant shows that he cannot safely appear in person to make such application, because popular prejudice is so great as to endanger his personal safety, and such statement is sustained by other testimony, such application may be made by his attorney and must be heard and determined in the absence of the defendant, notwithstanding the charge then pending against him be a felony, and he has not, at the time of such application, been arrested or given bail, or been arraigned, or pleaded or demurred to the indictment or information.

Effect of former acquittal

 

 

 

 

Acquittal on the merits

 

 

 

 

Effect of former acquittal or conviction of higher offense

 

 

 

 

Plea of not guilty entered, when

 

 

Grounds for change of venue

 

 

 

 

Application for removal, how made


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κ1919 Statutes of Nevada, Page 426 (CHAPTER 232)κ

 

 

 

Calendar to be prepared by clerk

 

 

 

 

Grounds for challenge for implied bias

      Sec. 50.  Section two hundred seventy-five of the above-entitled act is amended to read as follows:

      Section 275.  The clerk must prepare a calendar of all criminal actions pending in the court, enumerating them according to the date of the filing of the indictment or information, specifying opposite the title of each action, whether such action is for a felony, or a misdemeanor, and whether the defendant is in custody or on bail.

      Sec. 51.  Section two hundred ninety-eight of the above-entitled act is amended to read as follows:

      Section 298.  A challenge for implied bias may be taken for all or any of the following causes and for no other.

      1.  Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged or on whose complaint the prosecution shall have been instituted, or to the defendant.

      2.  Standing in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, debtor and creditor; or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution shall have been instituted or in the employment of any such parties.

      3.  Being a party adverse to the defendant in a civil action, or having complaint against, or been accused by him, in a criminal prosecution.

      4.  Having served on the grand jury which found the indictment, or on a coroner’s jury which inquired into the death of a person whose death is the subject of the indictment or information.

      5.  Having served on a trial jury which has tried another person for the offense charged.

      6.  Having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside, or which was discharged without a verdict after the case was submitted to it.

      7.  Having served as a juror in a civil action brought against the defendant for the act charged as an offense.

      8.  Having formed or expressed an unqualified opinion or belief that the prisoner is guilty or not guilty of the offense charged.

      9.  If the offense charged is punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.

      10.  Because he is, or within the year preceding has been, engaged or interested in carrying on any business, calling, or employment the carrying on of which is a violation of law, where the defendant is indicted or informed against for a like offense.

      11.  Because he has been a witness either for or against the defendant on the preliminary trial or before the grand jury.


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κ1919 Statutes of Nevada, Page 427 (CHAPTER 232)κ

 

      Sec. 51.  Section three hundred nine of the above-entitled act is amended to read as follows:

      Section 309.  The jury having been empaneled and sworn, the trial shall proceed in the following order:

      1.  If the indictment or information be for a felony, the clerk must read it and state the plea of the defendant to the jury; in all other cases this formality may be dispensed with.

      2.  The district attorney or other counsel for the state must open the cause and offer the evidence in support of the charge.

      3.  The defendant or his counsel may then open the defense and offer his evidence in support thereof.

      4.  The parties may then respectively offer rebutting testimony only, unless the court, for good reasons, in furtherance of justice, permit them to offer evidence upon their original cause.

      5.  When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, or unless a demand be made to have the jury instructed in advance of the argument as hereafter provided in this section, the counsel for the people must open and must conclude the argument.

      6.  The judge shall then charge the jury, if requested by either party; he may state the testimony and declare the law, but shall not charge the jury in respect to matters of fact; such charge shall be reduced to writing before it is given; and in no case shall any charge or instructions be given to the jury otherwise than in writing, unless by the mutual consent of the parties. If either party request it, the court must settle and give the instructions to the jury before the argument begins, but this shall not prevent the giving of further instructions which may become necessary by reason of the argument.

      Sec. 52.  Section three hundred twelve of the above-entitled act is amended to read as follows:

      Section 312.  If the indictment or information be for an offense punishable with death, two counsel on each side may argue the case to the jury, but in such case, as well as in all others, the counsel for the state must open and conclude the argument. If it be for any other offense, the court may, in its discretion, restrict the argument to one counsel on each side.

      Sec. 53.  Section three hundred nineteen of the above-entitled act is amended to read as follows:

      Section 319.  When two or more persons are included in the same indictment or information and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it shall order him to be discharged before the evidence is closed that he may be a witness for his codefendant.

 

 

Order of trial

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Argument may be restricted

 

 

 

 

 

Discharged defendant may testify for codefendant


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κ1919 Statutes of Nevada, Page 428 (CHAPTER 232)κ

 

 

 

Conspiracy; overt acts to be proved

 

 

 

 

 

Procedure when higher offense is shown by evidence

 

 

 

 

 

If higher offense ignored, defendant tried on original charge

 

 

 

Want of jurisdiction; discharge of jury

 

 

 

Defendant held when offense committed in another county

      Sec. 54.  Section three hundred twenty-three of the above-entitled act is amended to read as follows:

      Section 323.  Upon a trial for conspiracy in a case where an overt act shall be necessary to constitute the offense, the defendant shall not be convicted unless one or more overt acts shall be expressly alleged in the indictment or information, nor unless one of the acts alleged shall have been proved; but other overt acts not alleged may be given in evidence.

      Sec. 55.  Section three hundred thirty-two of the above-entitled act is amended to read as follows:

      Section 332.  If it appears by the testimony that the facts proved constitute an offense of a higher nature than that charged in the indictment or information, the court may direct the jury to be discharged, and all proceedings on the indictment or information to be suspended, and may order the defendant to be committed, or continued on, or admitted to bail, to answer any new indictment or information which may be found, or filed against him for the higher offense.

      Sec. 56.  Section three hundred thirty-three of the above-entitled act is amended to read as follows:

      Section 333.  If an indictment for the higher offense be dismissed by the grand jury, or be not found at its next session, or if an information be not filed before the next session of the grand jury, the court shall again proceed to try the defendant on the original indictment or information.

      Sec. 57.  Section three hundred thirty-four of the above-entitled act is amended to read as follows:

      Section 334.  The court may also direct the jury to be discharged when it appears that it has not jurisdiction of the offense, or that the facts as charged in the indictment or information do not constitute an offense punishable by law.

      Sec. 58.  Section three hundred thirty-six of the above-entitled act is amended to read as follows:

      Section 336.  If the offense was committed within the jurisdiction of another county of this state, the court may direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for his arrest; or, if the offense is a misdemeanor only, it may admit him to bail in an undertaking, with sufficient sureties, that he will, within such time as the court may appoint, render himself amenable to a warrant for his arrest from the proper county; and, if not sooner arrested thereon, will attend at the office of the sheriff of the county, where the trial was had, at a certain time particularly specified in the undertaking, to surrender himself upon the warrant, if issued, or that his bail will forfeit such sum as the court may fix, to be mentioned in the undertaking; and the clerk must forthwith transmit a certified copy of the indictment or information, and of all the papers filed in the action, to the district attorney of the proper county, the expenses of which transmission are chargeable to that county.


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κ1919 Statutes of Nevada, Page 429 (CHAPTER 232)κ

 

the district attorney of the proper county, the expenses of which transmission are chargeable to that county.

      Sec. 59.  Section three hundred thirty-eight of the above-entitled act is amended to read as follows:

      Section 338.  If the jury be discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged, or if admitted to bail, that his bail be exonerated, or if he has deposited money instead of bail, that the money deposited be refunded to him, unless, in the opinion of the court, a new indictment or information can be framed, upon which the defendant can be legally convicted, in which case it may direct the district attorney to file a new information, or (if the defendant has not been committed by a magistrate, or waived a preliminary examination) direct that the case be submitted to the same or another grand jury; and the same proceedings must be had thereon as are prescribed in section 243; provided, that after such order or submission the defendant may be examined before a magistrate, and discharged or committed by him as in other cases.

      Sec. 60.  Section three hundred forty-six of the above-entitled act is amended to read as follows:

      Section 346.  On a trial for libel the jury shall have the right to determine the law and the facts.

      Sec. 61.  Section three hundred forty-seven of the above-entitled act is amended to read as follows:

      Section 347.  On a trial for any other offense than libel, the questions of law are to be decided by the court, saving the right of the defendant to except, and questions of fact by the jury, and, although the jury have the power to find a general verdict which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court.

      Sec. 62.  Section three hundred sixty of the above-entitled act is amended to read as follows:

      Section 360.  In all cases where a jury is discharged or prevented from giving a verdict by reason of any accident or other cause, except where the defendant is discharged during the progress of the trial or after the cause is submitted to them, the cause may be again tried.

      Sec. 63.  Section three hundred sixty-four of the above-entitled act is amended to read as follows:

      Section 364.  If the indictment or information be for a felony, the defendant must, before a verdict, appear in person. If it be for a misdemeanor, the verdict may be rendered in his absence.

      Sec. 64.  Section three hundred sixty-six of the above-entitled act is amended to read as follows:

      Section 366.  A verdict upon a plea of not guilty shall be either “guilty” or “not guilty,” which imports a conviction or acquittal of the offense charged in the indictment or information.

 

 

 

 

Facts not constituting an offense; defendant discharged or case resubmitted

 

 

 

 

 

 

 

 

 

 

Jury determines law and facts in libel case

 

 

Court decides law; jury decides fact

 

 

 

 

 

Discharge without verdict; retrial

 

 

 

 

Defendant must be present at verdict for felony

 

 

Forms of verdict


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κ1919 Statutes of Nevada, Page 430 (CHAPTER 232)κ

 

 

 

 

 

 

 

 

 

 

May be found guilty of any offense included in one charged

 

 

Exceptions may be taken by defendant

 

 

 

 

 

 

 

 

What deemed excepted to by either party

 

 

 

 

 

 

 

 

New trial defined; effect of granting

or acquittal of the offense charged in the indictment or information. Upon a plea of a former conviction or acquittal of the same offense, it shall be either “for the state” or “for the defendant.” When the defendant is acquitted on the ground that he was insane at the time of the commission of the act charged, the verdict must be “not guilty by reason of insanity.” When the defendant is acquitted on the ground of variance between the indictment or information and the proof, the verdict must be “not guilty by reason of variance between the indictment or information and proof.”

      Sec. 65.  Section three hundred sixty-nine of the above-entitled act is amended to read as follows:

      Section 369.  In all cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged, or may be found guilty of an attempt to commit the offense charged.

      Sec. 66.  Section three hundred seventy-seven of the above-entitled act is amended to read as follows:

      Section 377.  On the trial of an indictment or information exceptions may be taken by the defendant to a decision of the court upon a matter of law in any of the following cases:

      1.  In disallowing a challenge to the panel of the jury, or to an individual juror;

      2.  In admitting or rejecting witnesses or testimony, on the trial of a challenge to a juror for actual bias;

      3.  In admitting or rejecting witnesses or testimony, or in deciding any question of law, not a matter of discretion.

      Sec. 67.  Section three hundred eighty-one of the above-entitled act is amended to read as follows:

      Section 381.  The decision of the court in a criminal action or proceeding upon a matter of law shall be deemed excepted to by either party in the following cases:

      1.  In granting or refusing a motion to set aside an indictment or information;

      2.  In allowing or disallowing a demurrer to an indictment or information;

      3.  In granting or refusing a motion in arrest of judgment;

      4.  In granting or refusing a motion for a new trial;

      5.  In making or refusing to make an order after judgment affecting any substantial right of the parties.

      Sec. 68.  Section three hundred eighty-two of the above-entitled act is amended to read as follows:

      Section 382.  A new trial is a reexamination of the issue in the same court before another jury, after a verdict has been given. It places the parties in the same condition as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to either in evidence or in argument, nor be pleaded in bar of any conviction which might have been had under the indictment or information.


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κ1919 Statutes of Nevada, Page 431 (CHAPTER 232)κ

 

in bar of any conviction which might have been had under the indictment or information.

      Sec. 69.  Section three hundred eighty-eight of the above-entitled act is amended to read as follows:

      Section 388.  A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant on a plea of a former conviction or acquittal or once in jeopardy. It may be founded on any of the defects in the indictment or information mentioned in section 247, unless the objection shall have been waived by a failure to demur, and must be made before or at the time the defendant is called for judgment.

      Sec. 70.  Section three hundred ninety of the above-entitled act is amended to read as follows:

      Section 390.  The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment was found or information filed.

      Sec. 71.  Section three hundred ninety-one of the above-entitled act is amended to read as follows:

      Section 391.  If, from the evidence on the trial, there is reasonable ground to believe the defendant guilty, and a new indictment or information can be framed upon which he may be convicted, the court may order him to be recommitted to the officers of the proper county, or admitted to bail anew to answer the new indictment or information. If the evidence show him guilty of another offense, he shall be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution. But if no evidence appear sufficient to charge him with any offense, he shall, if in custody, be discharged; or, if admitted to bail, his bail shall be exonerated; or, if money has been deposited instead of bail, it shall be refunded to the defendant, and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment or information was founded.

      Sec. 72.  Section four hundred one of the above-entitled act is amended to read as follows:

      Section 401.  When the defendant appears for judgment, he shall be informed by the court, or by the clerk under its direction, of the nature of the charge against him and of his plea, and the verdict, if any there are, and shall be asked whether he have any legal excuse to show why judgment should not be pronounced against him.

      Sec. 73.  Section four hundred thirteen of the above-entitled act is amended to read as follows:

      Section 413.  When judgment upon a conviction is rendered, the clerk shall enter the same in the minutes, stating briefly the offense for which the conviction has been had, and shall, within five days, annex together and file the following papers, which shall constitute the record of the action:

 

 

 

 

Grounds for motion in arrest of judgment

 

 

 

 

 

 

Effect of allowance of motion in arrest of judgment

 

 

Procedure after allowance of arrest of judgment

 

 

 

 

 

 

 

 

 

 

Appearance for judgment; defendant asked to show cause

 

 

 

Entry of judgment


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κ1919 Statutes of Nevada, Page 432 (CHAPTER 232)κ

 

 

What record of action shall include

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Effect of appeal by state; entry of judgment on reversal

 

 

 

 

 

 

 

Time for transmitting record and notice

lowing papers, which shall constitute the record of the action:

      1.  A copy of the minutes of any challenge which may have been interposed by the defendant to the panel of the grand jury, or to any individual grand juror, and the proceedings thereon;

      2.  The indictment or information and a copy of the minutes of the plea or demurrer;

      3.  A copy of the minutes of any challenge which may have been interposed to the panel of the trial jury, or of any individual juror, and the proceedings thereon;

      4.  A copy of the minutes of the trial;

      5.  A copy of the minutes of the judgment;

      6.  The decision of the court upon matters of law deemed excepted to, if such decision is in writing, and a copy of the minutes showing any decision deemed excepted to;

      7.  Any written charges given or refused by the court, with the endorsements thereon;

      8.  The affidavits and counter-affidavits, if any, used on the hearing of a motion for a new trial;

      9.  The bill of exceptions, if any, when settled, shall be attached to the foregoing and become a part of the record.

      Sec. 74.  Section four hundred forty-three of the above-entitled act is amended to read as follows:

      Section 443.  An appeal taken by the state shall in no case stay or affect the operation of a judgment in favor of the defendant; provided, if the appeal by the state is from an order sustaining a demurrer to an indictment or information, or granting a motion to set aside an indictment or information, and upon such appeal said order is reversed, the defendant shall thereupon be liable to arrest and trial upon said indictment or information. If the appeal by the state be from an order allowing a motion in arrest of judgment, or granting a motion for a new trial, and upon appeal such order is reversed, the trial court shall enter judgment against the defendant.

      Sec. 75.  Section four hundred forty-five of the above-entitled act is amended to read as follows:

      Section 445.  Upon the appeal being taken, the clerk with whom the notice of appeal is filed, must, within ten days thereafter, without charge, transmit to the clerk of the supreme court the notice of appeal and the record in said action, and if the appeal be by the state from an order sustaining a demurrer to or setting aside an indictment or information, or allowing a motion for a new trial or motion in arrest of judgment, the clerk shall within said time likewise prepare and forward the indictment or information, demurrer, order of the court sustaining said demurrer, and notice of appeal, which shall constitute the record on appeal.

      Sec. 76.  Section four hundred sixty-three of the above-entitled act is amended to read as follows:


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κ1919 Statutes of Nevada, Page 433 (CHAPTER 232)κ

 

      Section 463.  Before conviction, a defendant may be admitted to bail:

      1.  For his appearance before a magistrate, on the examination of the charge, before being held to answer;

      2.  To appear at the court to which the magistrate is required to return the depositions and statement upon the defendant being held to answer after examination;

      3.  After indictment or information, either before the bench warrant is issued for his arrest, or upon an order of the court committing or enlarging the amount of bail, or upon his being surrendered by his bail to answer the indictment or information in the court in which it is found, or filed, or to which it may be sent or removed for trial.

      Sec. 77.  Section four hundred seventy-four of the above-entitled act is amended to read as follows:

      Section 474.  When the defendant has been arrested upon a bench warrant, the bail must be put in by a written undertaking, executed by two sufficient sureties (with or without the defendant, in the discretion of the court or magistrate), and acknowledged before the court or magistrate, in substantially the following form:

      An indictment having been found (or an information having been filed), on the.........day of............................................., A. D. 19....., in the district court of the..................................... judicial district of the State of Nevada, in and for the county of........................... (as the case may be), charging A. B. with the crime of (indicating it generally), and he having been duly admitted to bail in the sum of................................ dollars, we, C. D. and E. F. (stating their place of residence), hereby undertake that the above-named A. B. shall appear and answer the indictment or information above mentioned in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and processes of the court, and, if convicted, shall appear for judgment and render himself in execution thereof; or, if he fail to perform either of these conditions, that we will pay to the State of Nevada the sum of.................................dollars (inserting the sum in which the defendant is admitted to bail).

      Sec. 78.  Section four hundred ninety of the above-entitled act is amended to read as follows:

      Section 490.  The court to which the committing magistrate shall return the depositions and statement, or in which an indictment or information, or an appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order to be entered on its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases:

      1.  When, by reason of his failure to appear, he has incurred a forfeiture of his bail, or of money deposited instead thereof, as provided in section 486;

Admission to bail before conviction

 

 

 

 

 

 

 

 

 

Bail on bench warrant

 

 

 

Form of undertaking

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant may be recommitted after bail


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κ1919 Statutes of Nevada, Page 434 (CHAPTER 232)κ

 

Grounds for recommitment

 

 

 

 

 

 

Order of recommitment to recite general facts

 

 

 

 

 

 

 

Any judge having proper authority may admit defendant to bail

 

 

 

 

 

Form of undertaking on recommitment

incurred a forfeiture of his bail, or of money deposited instead thereof, as provided in section 486;

      2.  When it satisfactorily appears to the court that his bail, or either of them, are dead, or insufficient, or have removed from the state;

      3.  Upon an indictment being found or information filed in the cases provided in section 233.

      Sec. 79.  Section four hundred ninety-one of the above-entitled act is amended to read as follows:

      Section 491.  The order for the recommitment of the defendant shall recite generally the facts upon which it is founded, and shall direct that the defendant be arrested by any sheriff, constable, marshal, policeman, or other peace officer within the state, and committed to the custody of the sheriff of the county where the depositions and statement were returned, or the indictment was found, or the information was filed, or the conviction was had, as the case may be, to be detained until legally discharged.

      Sec. 80.  Section four hundred ninety-five of the above-entitled act is amended to read as follows:

      Section 495.  When the defendant is admitted to bail, the bail may be taken in the amount specified in the order, by any magistrate in the county having authority in a similar case to admit to bail upon the holding of the defendant to answer before indictment or information, or by any other magistrate to be designated by the court.

      Sec. 81.  Section four hundred ninety-six of the above-entitled act is amended to read as follows:

      Section 496.  When bail is taken upon the recommitment of the defendant, the undertaking shall be in substantially the following form:

      An order having been made on the ............day of ......................, A. D. 19......, by the court (naming it), that A. B. be admitted to bail in the sum of $.................., in an action pending in that court against him, in behalf of the State of Nevada, upon a (presentment, indictment, information, or appeal, as the case may be), we, C. D. and E. F., of (stating their place of residence), hereby undertake that the above-named A. B. shall appear in that or any other court in which his appearance may be lawfully required, upon that (presentment, indictment, information, or appeal, as the case may be, and shall at all times render himself amenable to its orders and processes, and appear for judgment, and surrender himself in execution thereof; or, if he fail to perform any of these conditions, that we will pay to the State of Nevada the sum of $...................... (inserting the sum in which the defendant is admitted to bail).

      Sec. 82.  Section four hundred ninety-nine of the above-entitled act is amended to read as follows:

      Section 499.  A magistrate before whom a complaint is laid, or a clerk of the district court before which a proceeding by indictment or information is being tried, may issue subpenas subscribed by them for witnesses within the State of Nevada, either on behalf of the state or of the defendant; and when it is necessary to have a person imprisoned in the state prison brought before any district court, or a person imprisoned in the county jail brought before a district court sitting in another county, an order for that purpose may be made by the district court, or district judge, at chambers, and executed by the sheriff of the county when it is made; such order can only be made upon motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.


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

κ1919 Statutes of Nevada, Page 435 (CHAPTER 232)κ

 

ing by indictment or information is being tried, may issue subpenas subscribed by them for witnesses within the State of Nevada, either on behalf of the state or of the defendant; and when it is necessary to have a person imprisoned in the state prison brought before any district court, or a person imprisoned in the county jail brought before a district court sitting in another county, an order for that purpose may be made by the district court, or district judge, at chambers, and executed by the sheriff of the county when it is made; such order can only be made upon motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.

      Sec. 83.  Section five hundred one of the above-entitled act is amended to read as follows:

      Section 501.  The district attorney may in like manner issue subpenas subscribed by him, for witnesses within the state, in support of an indictment or information, to appear before the court at which it is to be tried.

      Sec. 84.  Section five hundred two of the above-entitled act is amended to read as follows:

      Section 502.  The clerk of the court at which an indictment or information is to be tried shall, at all times, upon the application of the defendant, and without charge, issue as many blank subpenas, subscribed by him as clerk, for witnesses within the state, as may be required by the defendant.

      Sec. 85.  Section five hundred fifteen of the above-entitled act is amended to read as follows:

      Section 515.  When a defendant has been held to answer a charge for a public offense, he may, either before or after indictment or information, have witnesses examined conditionally on his behalf, as prescribed in this chapter and not otherwise.

      Sec. 86.  Section five hundred twenty-two of the above-entitled act is amended to read as follows:

      Section 522.  If application for a commission is granted, the court or judge may insert in the order therefor a direction that the trial of the indictment or information be stayed for a specified time, reasonably sufficient for the execution and return of the commission.

      Sec. 87.  Section five hundred thirty-six of the above-entitled act is amended to read as follows:

      Section 536.  When an indictment or information is called for trial, or upon conviction the defendant is brought up for judgment, if doubt shall arise as to the sanity of the defendant, the court shall order the question to be submitted to a jury that must be drawn and selected as in other cases.

      Sec. 88.  Section five hundred thirty-seven of the above-entitled act is amended to read as follows:

      Section 537.  The trial of the indictment or information, or the pronouncing of the judgment, as the case may be, shall be suspended until the question of insanity shall be determined by the verdict of the jury.

Who may issue subpena

 

 

 

Order for prisoner as witness

 

 

 

 

 

District attorney may issue subpena for witness within state

 

 

Clerk to issue blank subpenas to defendant

 

 

 

 

Witnesses for defense examined conditionally

 

 

 

Stay of trial may be granted, when

 

 

 

 

Sanity of defendant, when questioned, decided by new jury


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κ1919 Statutes of Nevada, Page 436 (CHAPTER 232)κ

 

Trial suspended until question of sanity settled

 

 

 

Trial of question of insanity, method of procedure

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure on finding defendant sane

 

 

Court may order dismissal of prosecution, when

 

 

 

 

Defendant dismissed if not tried at next session of court

shall be suspended until the question of insanity shall be determined by the verdict of the jury.

      Sec. 89.  Section five hundred thirty-eight of the above-entitled act is amended to read as follows:

      Section 538.  The trial of the question of insanity shall proceed in the following form:

      1.  The counsel for the defendant shall open the case and offer evidence in support of the allegations of insanity;

      2.  The counsel for the state shall open their case and offer evidence in support thereof;

      3.  The parties may then respectively offer rebutting testimony only, unless the court, for good reason in furtherance of justice, permit them to offer evidence upon their original cause;

      4.  When the evidence is concluded, unless the case is submitted to the jury, on either or both sides, without argument, the counsel for the state must commence, and the defendant, or his counsel, may conclude the argument to the jury;

      5.  If the indictment or information be for an offense punishable with death, two counsel on each side may argue the cause to the jury, in which case they must do so alternately. In other cases the argument may be restricted to one counsel on each side;

      6.  The court shall then charge the jury, stating to them all matters of law necessary for their information in rendering a verdict.

      Sec. 90.  Section five hundred thirty-nine of the above-entitled act is amended to read as follows:

      Section 539.  If the jury find that the defendant is sane, the trial of the indictment or information shall proceed, or judgment may be pronounced, as the case may be.

      Sec. 91.  Section five hundred forty-five of the above-entitled act is amended to read as follows:

      Section 545.  When a person has been held to answer for a public offense, if an indictment be not found or an information filed against him at the next session of the court at which he is held to answer, and at which a meeting of the grand jury is held, the court shall order the prosecution to be dismissed, unless good cause to the contrary be shown.

      Sec. 92.  Section five hundred forty-six of the above-entitled act is amended to read as follows:

      Section 546.  If a defendant, whose trial has not been postponed upon his application, is not brought to trial at the next session of the court at which the indictment or information is triable, after the same is found or filed, the court shall order the indictment or information to be dismissed, unless good cause to the contrary be shown.

      Sec. 93.  Section five hundred forty-seven of the above-entitled act is amended to read as follows:

      Section 547.  If the defendant is not charged or tried as provided in the last two preceding sections, and sufficient reason therefor shown, the court may order the action to be continued from time to time and in the meantime may discharge the defendant from custody, on his own recognizance, or on the recognizance of bail, for his appearance to answer the charge at the time to which the action is continued.


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

κ1919 Statutes of Nevada, Page 437 (CHAPTER 232)κ

 

reason therefor shown, the court may order the action to be continued from time to time and in the meantime may discharge the defendant from custody, on his own recognizance, or on the recognizance of bail, for his appearance to answer the charge at the time to which the action is continued.

      Sec. 94.  Section five hundred forty-nine of the above-entitled act is amended to read as follows:

      Section 549.  The court may, either of its own motion or upon the application of the district attorney, and in furtherance of justice, order any action after indictment found or information filed to be dismissed; but in such cases the reasons of the dismissal shall be set forth in the order, which must be entered on the minutes.

      Sec. 95.  Section five hundred fifty-nine of the above-entitled act is amended to read as follows:

      Section 559.  Whenever an indictment is found or an information filed against a corporation, it must be summoned to appear as provided in the civil practice act, or as provided in this chapter for the service of a summons. The corporation may appear by counsel. If it does not appear, a plea of not guilty must be entered. In either case, proceedings thereupon must be had as if the defendant were a natural person.

      Sec. 96.  Section five hundred sixty-four of the above-entitled act is amended to read as follows:

      Section 564.  It shall not be necessary to entitle an affidavit or deposition in the action, whether taken before or after indictment found or information filed or upon an appeal; but if made without a title, or with an erroneous title, it shall be as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment, information, or appeal in which it is made.

      Sec. 97.  Section six hundred sixteen of the above-entitled act is amended to read as follows:

      Section 616.  In every case where a criminal action may have been or shall be removed before trial, the cost accruing upon such removal and trial shall be a charge against the county in which the cause of the indictment or information occurred.

      Sec. 98.  Section six hundred seventeen of the above-entitled act is amended to read as follows:

      Section 617.  The clerk of the county to which such action is or may be removed, shall certify the amount of said costs to the auditor of the county, in which the indictment was found, or the information filed, which shall be examined, allowed, and paid as other county charges.

      Sec. 99.  Section six hundred eighteen of the above-entitled act is amended to read as follows:

      Section 618.  The superseding of any law creating a criminal offense shall not be held to constitute a bar to the indictment or information and punishment of a crime already committed, committed,

Action continued, when

Discharge, when

 

 

 

 

Dismissal on motion of court or district attorney

 

 

 

 

Corporation must answer same as natural person

 

 

 

 

Defective title of affidavit not to invalidate

 

 

 

 

Costs when criminal action is removed before trial

 

 

Clerk to certify costs to auditor


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

κ1919 Statutes of Nevada, Page 438 (CHAPTER 232)κ

 

Superseding of a criminal law no bar to punishment unless specifically expressed

committed, or to bar the trial and punishment of a crime where an indictment or information has been already found, for a violation of the law so superseded, unless the intention to bar such indictment, information and punishment, or trial and punishment where an indictment has been already found or an information filed, is expressly declared in the superseding act.

 

________

 

CHAPTER 233

 

 

 

 

 

 

 

 

 

Amending crimes and punishments act

 

 

Misdemeanor to desecrate or deface U. S. flag or Nevada state flag

 

 

 

 

 

 

 

 

 

 

 

Exception

Chap. 233–An Act to amend section 338 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, being section 6603, Revised Laws of Nevada, 1912.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 338 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, being section 6603, Revised Laws of Nevada, 1912, is hereby amended so as to read as follows:

      Section 338.  Any person who, in any manner, for exhibition or display, puts or causes to be placed, any inscription, design, device, symbol, portrait, name, advertisement, words, character, marks, or notice, or sets or places any goods, wares, and merchandise whatever upon any flag or ensign of the United States, or state flag of this state, or ensign, evidently purporting to be either of said flags or ensign, or who in any manner appends, annexes or affixes to any such flag or ensign any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who displays or exhibits or causes to be displayed or exhibited, any flag or ensign, evidently purporting to be either of said flags, upon which shall in any manner be put, attached, annexed, or affixed any inscription, design, device, symbol, portrait, name, advertisement, words, marks, notice or token whatever, or who publicly or wilfully mutilates, tramples upon, or who tears down or wilfully and maliciously removes while owned by others, or defames, slanders, or speaks evilly or in a contemptuous manner of or otherwise defaces or defiles any of said flags, or ensign, which are public or private property, shall be deemed guilty of a misdemeanor; provided, however, that this act shall not apply to flags or ensigns the property of or used in the service of the United States or of this state, upon which inscriptions, names of actions, words, marks or symbols are placed pursuant to law or authorized regulations.

 

________

 

 


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κ1919 Statutes of Nevada, Page 439κ

CHAPTER 234

Chap. 234–An Act to amend section 177 of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, effective January 1, 1912.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 177 of an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, effective January 1, 1912, is hereby amended so as to read as follows:

      Section 177.  Rape is the carnal knowledge of a female, forcibly and against her will, and a person duly convicted thereof shall be punished by imprisonment in the state prison for a term of not less than five years and which may extend to life; provided, that if such crime be accompanied with acts of extreme violence and great bodily injury inflicted, the person guilty thereof shall be punished by imprisonment in the state prison for a term not less than twenty years, or he shall suffer death, if the jury by their verdict affix the death penalty. And any person of the age of sixteen years or upwards who shall have carnal knowledge of any female child under the age of eighteen years, either with or without her consent, shall be adjudged guilty of the crime of rape and punished as before provided.

 

 

 

 

 

 

 

 

 

Amending crimes and punishments act

 

Rape defined

 

 

 

 

Death penalty, when

 

Age of consent, 18 years

 

________

 

CHAPTER 235

Chap. 235–An Act fixing the limitation of time for the presentation to the legislature of alleged claims against the state for action thereon, and barring all future presentations thereof.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any person having, a claiming to have, any alleged claim against the State of Nevada, shall present such alleged claim for consideration to the next succeeding session of the legislature following its incurrence. Any such alleged claim not so presented, or which has been so presented, shall be forever barred from presentation to any subsequent legislature for further consideration.

      Sec. 2.  Nothing herein contained shall be construed in any way to impair the rights of any claimant to bring an action against the state upon any such claim.

 

 

 

 

 

 

 

 

 

Alleged claims against state, barred, when

 

 

 

Right to sue not impaired

 

________

 

 


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κ1919 Statutes of Nevada, Page 440κ

CHAPTER 236

 

 

 

 

 

 

 

 

County recorders to record honorable discharge certificate from U. S. military service

All such services free

Chap. 236–An Act providing for the recordation of certificates of honorable discharge from the military and naval service of the United States.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county recorders of the various counties of this state are hereby required to procure books containing suitable blanks wherein to record certificates of honorable discharge from the military and naval service of the United States.

      Sec. 2.  All such recorders are hereby required to record therein all such certificates as may be presented to them for record, free of any charge therefor, and make thereon the customary certificate of such record.

 

________

 

CHAPTER 237

 

 

 

 

 

 

 

 

 

 

Amending civil practice act

Relating to bill of exceptions

Chap. 237–An Act to amend an act entitled “An act supplemental to and to amend an act entitled ‘An act to regulate proceedings in civil cases in this state and to repeal all acts in relation thereto,’ approved March 17, 1911,” approved March 16, 1915, being chapter 142, Statutes of Nevada, 1915.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the act specified in the title hereof is hereby amended to read as follows:

      Section 1.  Any party to an action or special proceeding may, after the filing of the complaint, and before trial, object and except to any ruling, decision, or order made in such action or special proceeding, and, within ten (10) days after such objection and exception, serve and file a bill of exceptions thereto, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation of the parties, by attaching thereto or inserting therein a certificate to the effect that such bill of exceptions is correct, contains the substance of all the material evidence relating to the point or points involved, and has been settled and allowed; and when such bill of exceptions has been so settled and allowed, it shall be and become a part of the record of such action or special proceeding.

 

________

 

 


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κ1919 Statutes of Nevada, Page 441κ

CHAPTER 238

Chap. 238–An Act to amend section 31 of an act entitled “An Act to incorporate Carson City,” approved February 25, 1875.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 31 of the above-entitled act is hereby amended so as to read as follows:

      Section 31.  No debt shall be created, directly or indirectly, against the city beyond the amount of current revenues of the city, nor shall any contract for supplies of water or gas, or other supplies for the city, or any other contract whatever, made by or on behalf of the city, be of any validity for any period exceeding one year; provided, the trustees of said city shall have power to enter into contracts to lease, rent and acquire any public utility for said city; such contract, however, shall not extend for a term longer than ten (10) years; and provided further, such contracts shall be submitted to and ratified by a majority of the votes cast for and against said question at a special or general city election as provided by law.

 

 

 

 

 

 

 

 

Amending Carson City charter

City trustees may acquire public utilities

 

 

 

 

Referendum popular election

 

________

 

CHAPTER 239

Chap. 239–An Act to authorize the board of county commissioners of Nye County, State of Nevada, to issue bonds for the purpose of retiring certain outstanding bonds of the Rhyolite school district of said Nye County.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Nye County is hereby authorized and empowered to prepare and issue bonds of said county, such bonds to be issued on or before the first day of July, 1919, for an amount not to exceed the sum of ten thousand ($10,000) dollars, exclusive of interest, for the purpose of providing funds for the retirement of certain outstanding bonds of the Rhyolite school district of said Nye County.

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

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

 

 

 

 

 

 

 

 

 

Bonds of Nye County, $10,000, to retire Rhyolite school bonds

 

 

 

County commissioners to prepare bonds

 

 

 

 

 

Clerk to keep record


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

κ1919 Statutes of Nevada, Page 442 (CHAPTER 239)κ

 

 

Negotiation of said bonds

 

 

 

 

 

Denomination and annual interest

 

 

 

County treasurer custodian of moneys

 

 

 

County treasurer liable

 

 

Special annual district tax

 

 

 

 

 

 

 

 

 

 

County tax, when

this act, showing the number and date of each bond and to whom issued.

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

      Sec. 5.  Said bonds shall be each for the sum of one thousand ($1,000) dollars. They shall be numbered consecutively from one to ten, and the interest on the same shall not exceed six per cent per annum, payable annually on the first Monday in July of each year, at the office of the county treasurer of said Nye County, and shall be redeemable at the rate of one each year.

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

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

      Sec. 8.  For the purpose of creating a fund for the payment of the bonds authorized by this act and the interest thereon, the board of county commissioners of said Nye County is hereby authorized and required to levy and collect annually a special tax upon the assessment valuation of all property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Rhyolite school district, until said bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and retire, beginning with bond number one and consecutively thereafter, one of said bonds annually, beginning on the first Monday in July, 1920, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the “Rhyolite School District Retirement Bond Fund”; provided, however, that if the amount of the tax levied upon the property within said Rhyolite school district shall at any time be insufficient to pay the interest on said bonds and provide for the retirement as provided in this section, the board of county commissioners of said Nye County are hereby required to levy and collect annually a special tax on the assessment valuation of all property, real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Nye County, and continue such levy from year to year to meet any deficit which may occur in said Rhyolite school district retirement bond fund, and the faith and credit of Nye County is hereby pledged to the prompt and ready payment of said bonds and the interest thereon according to the terms, conditions and tenor thereof.


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

κ1919 Statutes of Nevada, Page 443 (CHAPTER 239)κ

 

of said Nye County are hereby required to levy and collect annually a special tax on the assessment valuation of all property, real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Nye County, and continue such levy from year to year to meet any deficit which may occur in said Rhyolite school district retirement bond fund, and the faith and credit of Nye County is hereby pledged to the prompt and ready payment of said bonds and the interest thereon according to the terms, conditions and tenor thereof.

      Sec. 9.  It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July, 1920, and thereafter on the first day of July in each and every year, until all of said bonds shall have been redeemed and retired.

      Sec. 10.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of said county, be transferred to the fund used for paying the contingent expenses of said Rhyolite school district.

      Sec. 11.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 12.  Should the holder of said bonds or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on said bonds shall thereafter immediately cease.

      Sec. 13.  The moneys derived from the sale of the bonds authorized by this act shall be used solely for the purpose of retiring the bonds of the Rhyolite school district now outstanding, amounting originally to twenty thousand ($20,000) dollars, issued by said school district under the provisions of an act of the legislature of 1907 entitled “An act to enable the several school districts of the state to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings, or purchasing ground, or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon,” approved March 12, 1907. It is understood, however, that the provisions of this act shall not be mandatory upon said board of county commissioners, but it may or may not issue said bonds within its discretion, according to its judgment of the best interests of Nye County.

      Sec. 14.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted,

 

 

 

 

 

 

 

Interest paid semiannually

 

 

Tax ceases, when

 

 

 

 

County treasurer to pay and cancel bonds

 

 

 

 

Interest ceases, when

 

 

Moneys used solely for retiring Rhyolite school bonds

 

 

 

 

 

This act not mandatory

 

 

Faith of state pledged


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

κ1919 Statutes of Nevada, Page 444 (CHAPTER 239)κ

 

 

thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified.

 

________

 

CHAPTER 240

 

 

 

 

 

 

 

 

 

 

 

 

 

Concerning drainage districts

County clerk to post notice of filing of petition for creation of district

 

 

 

 

 

 

 

 

 

 

Proviso

Chap. 240–An Act amendatory of and supplemental to an act entitled “An act to provide for the organization and government of drainage districts, and to provide for the acquisition, repair, and development of canals, drains, ditches, watercourses, and other property, and for the distribution of water thereby for drainage purposes, and to provide for the levying of taxes, and for the issuance and sale of bonds thereof,” approved March 31, 1913, as amended March 6, 1915, as amended March 29, 1915, and as amended March 27, 1917.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

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

      Section 3.  Notice of Filing Petition.  Such petition for the creation of the proposed district being filed, the county clerk of said county shall cause three (3) weeks’ notice of the presentation and filing of such petition to be given, addressed “to all persons interested,” by posting notices thereof at the door of the courthouse of the county or counties in which the district is situated, and in at least three (3) of the most public places in such proposed district, and also by publishing a copy thereof at least once a week for three successive weeks in some newspaper or newspapers published in the county in which the district is proposed to be formed, and if any portion of said proposed district lie within another county or counties, then said petition and notice shall be posted as above provided or published in a newspaper published or having a general circulation in each of said counties. Such notice shall state when said petition was and is filed; the starting-points, route or routes, terminal or terminals, and general description of the proposed work; the boundaries and general description by legal subdivisions and name of the proposed drainage district, and at what meeting of said board of commissioners the petitioners will ask a hearing of said petition; provided, that it shall not invalidate said notice if no description of drains or ditches is given herein. If any of the land owners of said district are nonresidents of the county or counties in which the proposed district will lie, the petition shall be accompanied by an affidavit, giving the names and places of residence of such nonresidents, if known, and if unknown, stating that upon diligent inquiry their places of residence cannot be ascertained; and the county clerk shall send a copy of the notice aforesaid to each of said nonresidents whose residence is known within three (3) days after the first publication of the same.


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

κ1919 Statutes of Nevada, Page 445 (CHAPTER 240)κ

 

nonresidents whose residence is known within three (3) days after the first publication of the same. The certificate of the county clerk, or the affidavit of any other credible person, affixed to a copy of said notice, shall be sufficient evidence of the posting, mailing and publication of said notices.

      Sec. 2.  Section 5 of the above-entitled act is hereby amended so as to read as follows:

      Section 5.  Hearing on Petition-Finding of County Commissioners-Board of Supervisors.  When such petition is presented, the said board of county commissioners shall hear the petition, and may adjourn such hearing from time to time, not exceeding four weeks in all. On the hearing of any petition filed under the provisions of this chapter, all parties through or upon whose land any of the proposed work may be constructed, or whose land may be damaged or benefited thereby, may appear and contest the necessity or utility of the proposed work, or any part thereof, and the contestants and petitioners may offer any competent evidence in regard thereto. It shall be the duty of the county commissioners to hear and determine whether or not the said petition contains the signatures of a majority of the owners of title to the lands within said proposed district; and who represent one-third in area of the lands proposed to be affected by such work, or that the said petition is signed by one-third of the owners of lands in said proposed district who represent a major portion in area of the lands proposed to be reclaimed or benefited, and the affidavit of any three (3) or more of the signers of said petition that they have examined said petition and are acquainted with the locality of said district, and that the said petition is signed by a majority of such owners, who represent at least one-third in area of the lands proposed to be affected by such work, or that said petition is signed by one-third of the owners of lands in said proposed district who represent a major portion in area of the lands proposed to be reclaimed or benefited, may be taken by the county commissioners as prima facie evidence of the facts stated therein; or the oath or affirmation before said county commissioners, or the affidavit of any person, properly taken and certified by any person or court authorized to take acknowledgment of deeds to real estate in this state, giving the age of such party, and his or her ownership of lands to be named in such oath, affirmation or affidavit, by proper description, shall be sufficient evidence to the county commissioners of such facts; provided, that all deeds made for the purpose of establishing or defeating the prayer of said petition not made in good faith and for a valuable consideration, shall be taken and held to be in fraud of the provisions of this act, and the holders thereof shall not be considered as owners thereof. If the county commissioners, after hearing any and all competent evidence that may be offered before it for and against the said petition shall find the same has not been signed as hereinbefore required,

 

 

 

 

 

 

 

County commissioners to pass upon petition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso


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

κ1919 Statutes of Nevada, Page 446 (CHAPTER 240)κ

 

 

 

 

 

 

 

 

Further provisos

 

 

 

 

 

 

 

 

 

 

 

Board of supervisors of drainage district

 

 

 

 

 

 

 

 

 

 

Proclamation of county commissioners to be published

the said petition shall find the same has not been signed as hereinbefore required, the said petition shall be dismissed at the cost of the petitioners; but if the county commissioners shall find that the petition has been signed as hereinbefore provided the county commissioners shall so find, and such finding shall be conclusive upon the land owners of such district that they have assented to and accept the provisions of this act; and the board of county commissioners may make such changes in the proposed boundaries as they may find to be proper, and shall establish and define such boundaries; provided, that said board shall not modify said boundaries so as to except from the operation of this act any territory within the boundaries of the district proposed by said petitioners which is susceptible of drainage by the system of works applicable to the other lands in such proposed district; nor shall any lands which will not, in the judgment of said board, be benefited by drainage by said system be included within such district; provided, that any person whose lands are susceptible of drainage from the same source may, in the discretion of the board of county commissioners, upon application of the owner to said board, have such lands included in said district. And if it shall further appear to the county commissioners that the proposed drain or drains, ditch or ditches, or other works, is or are necessary or will be useful for the drainage of the lands proposed to be drained thereby for the agricultural or sanitary purpose, or conducive to the public health or welfare, the county commissioners shall so find, and appoint three (3) competent persons, which shall be known as a board of supervisors, whose term of office shall be for three years, except, however, that the term of office of the first appointees shall be as follows: The term of office of one shall be for three years, the term of office of one shall be for two years, and the term of office of one shall be for one year; and each of which appointees shall hold his office until his successor is appointed, as hereinafter provided, to lay out and construct such proposed work, and to levy a tax upon the lands in said drainage district, subject to the approval of the board of county commissioners, as hereinbefore provided. In case the lands to be drained shall be situated in different counties, not more than two (2) of the members of the board of supervisors shall be chosen from any one of such counties. And if the said board of county commissioners shall find that the establishment and creation of such drainage district will be a benefit as hereinbefore set forth, that the said board shall within ten (10) days proclaim such district or districts created, and that such proclamation shall be published for at least ten (10) days thereafter by posting in three (3) public places within said county, at least one of which places shall be within said drainage district, or by publishing the said proclamation in some paper printed in the English language, and having general circulation within the said county or counties, and the proclamation shall be substantially in the following form:


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κ1919 Statutes of Nevada, Page 447 (CHAPTER 240)κ

 

general circulation within the said county or counties, and the proclamation shall be substantially in the following form:

 

                            Office of the Board of County Commissioners, County

                                   of..........................., State of Nevada, A. D. 19.....

      In the matter of the petition of (here insert names of the petitioners) .............................................................................................

      The petition having been heard in the manner required by law, and the county commissioners having duly examined said petition, and having heard evidence concerning the same, and considering all objections to the same, it is ordered by the county commissioners that the petition be and the same is hereby granted; and the county commissioners further find that the work proposed in said petition to be done will be useful for agricultural or sanitary purposes to the owners of land within said proposed district; and the county commissioners also find that the persons who have signed said petition are of lawful age and are a majority of the adult land owners, representing one-third in area (or one-third of the adult land owners, owning a major portion, as the case may be) of the land to be affected by such proposed work. And the county commissioners further find that the said drainage district....................bounded as follows..................is duly established as provided by law.

      And the following named are to be known as the board of supervisors for the terms set opposite their names:

.............................................of.............................................for the term of....................

.............................................of.............................................for the term of....................

.............................................of.............................................for the term of....................

                                                                                  ........................................................,

                                                                                  ........................................................,

Attest:                                                                                                                                     ........................................................,

             ...................................................., Clerk.                             County Commissioners.

 

      And upon entering such order of record said district is hereby declared by law to be organized as a drainage district by the name mentioned in the petition, and with the boundaries fixed by the order of said board of supervisors and said district is hereby declared to be a body corporate by the name mentioned in said order of county commissioners, with the right to sue and be sued, and to have perpetual succession, and may adopt and use a corporate seal; and the board of supervisors appointed as aforesaid and their successors in office shall from the entry of such order of confirmation constitute the corporate authorities of such drainage district, and shall exercise the functions conferred upon them by law. Said order shall be final.

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

      Section 6.  No action shall be commenced or maintained, or defense made affecting the validity of the organization, unless the same shall have been commenced or made within sixty days after the making and entering of said order. Said board of county commissioners shall cause a copy of such order,

 

 

 

Form of proclamation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

District declared organized, when

 

 

 

 

 

 

 

 

 

Time limit for contesting validity or organization


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

κ1919 Statutes of Nevada, Page 448 (CHAPTER 240)κ

 

Time limit for contesting validity of organization

 

 

 

 

 

 

 

 

 

 

Supervisors to organize; officers

 

 

 

 

 

 

 

 

 

Right of eminent domain

board of county commissioners shall cause a copy of such order, duly certified, to be immediately filed for record in the office of the county recorder of each county in which any portion of such lands is situated and must also immediately forward a copy thereof to the county clerk of each county in which any portion of such district may lie, and no board of county commissioners of any county including any portion of such district shall allow another district to be formed including any of the lands of such district without the consent of the board of supervisors thereof; and from and after the date of such filing the organization of the district shall be complete, and the officers shall be entitled to enter immediately upon the duties of their respective offices upon qualifying in accordance with law and shall hold such offices, respectively, until their successors are appointed and have qualified.

      Sec. 4.  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 number. Each of the officers shall hold office during the pleasure of the board. The board of supervisors shall appoint a competent drainage engineer and fix his compensation and shall have the 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. It shall also have the power to make and execute all necessary contracts, to enter into contract with the state or the federal government, to employ and appoint such agents, officers, and employees as may be required, prescribe their duties, and generally 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 will proceed in the corporate name of the district under the provisions of the law relating to eminent domain.


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κ1919 Statutes of Nevada, Page 449 (CHAPTER 240)κ

 

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. 5.  Section 9 of the above-entitled act is hereby amended so as to read as follows:

      Section 9.  It shall be the duty of the president to preside at meetings of the board, and sign all warrants ordered by it to be drawn on the treasurer for drainage money. In case of the absence of the president, the treasurer shall act as president pro tempore.

      Sec. 6.  Section 10 of the above-entitled act is hereby amended so as to read as follows:

      Section 10.  It shall be the duty of the secretary to attend meetings of the board, to keep an accurate journal of its proceedings, to have the care and custody of its records and papers not otherwise provided for, to countersign warrants drawn upon the treasurer, and to prepare and submit to the board an annual statement, under oath, of receipts and disbursements during the year ending December 31. He shall receive for his services such compensation as the board may determine. In case of his absence the treasurer shall act as secretary pro tempore.

      Sec. 7.  Section 15 of the above-entitled act is hereby amended so as to read as follows:

      Section 15.  The board of supervisors of the said drainage district upon and after its examination of the said district, as hereinbefore provided, shall make a report of its findings to the board of county commissioners. If the board of supervisors shall find that although the said district has been formally proclaimed, the costs and expenses of construction and maintenance and damages accruing are more than equal to the benefits which may inure to the lands in general of said district by reason of the proposed work, it shall so report, and the proceedings shall be dismissed at the cost of the petitioners. But if the board of supervisors shall find that the benefits shall exceed the cost and expenses of construction and maintenance, and damages, it shall so report, and the board of county commissioners shall, by order, confirm such report. The board of supervisors shall thereupon proceed with the construction of the proposed drainage system.

      Sec. 8.  Section 16 of the above-entitled act is hereby amended so as to read as follows:

      Section 16.  The board of supervisors shall, as soon as may be, view each tract of land within the district, and shall carefully consider all of the damages and 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 to be received by it, making proper allowance for damage, if there be any. After such assessment is made up, the secretary of the board of supervisors shall transmit the same to the board of commissioners and the board of commissioners shall within fifteen (15) days after the receipt thereof, cause not less than fifteen (15) days’ notice to be sent by mail to each land owner in the district of the amount of benefits assessed upon the land owned by him within the district; and stating therein the time when and place where the board of commissioners will meet as a board of equalization of drainage district benefits to be made and levied upon such tract of land within the district, and such assessments shall immediately attach and become a lien upon the lands within the district.

 

 

 

 

 

Duties of president

 

 

 

 

 

Duties of secretary

 

 

 

 

 

 

 

 

Proceedings dismissed, when

 

 

 

 

 

 

 

 

 

 

 

 

Supervisors to make estimates of expense of construction, etc.


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

κ1919 Statutes of Nevada, Page 450 (CHAPTER 240)κ

 

 

Notice to be sent to each land owner

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of county assessor

 

 

 

 

 

 

 

 

Drainage tax a lien, when

 

 

 

Tax equalized, how

supervisors shall transmit the same to the board of commissioners and the board of commissioners shall within fifteen (15) days after the receipt thereof, cause not less than fifteen (15) days’ notice to be sent by mail to each land owner in the district of the amount of benefits assessed upon the land owned by him within the district; and stating therein the time when and place where the board of commissioners will meet as a board of equalization of drainage district benefits to be made and levied upon such tract of land within the district, and such assessments shall immediately attach and become a lien upon the lands within the district. The board of supervisors shall, on or before the first Monday 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 purpose of constructing canals, drains, drain ditches, and other works, and maintaining the same, liquidating district warrants and paying interest thereon, 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 systems, and after adding fifteen per cent of the sum of the foregoing to provide for incidentals and possible delinquencies, shall certify the entire amount to the county assessor of the county or counties in which such district is located. It shall be the duty of such assessors to levy the entire amount required against all the lands of the district in proportion to the equalized assessments of benefits, and the taxes so levied shall be placed on the regular rolls as separate items and shall be collected at the same time and in the same manner and by the same officers as state and county taxes, and any such officer shall be liable on his bond for his neglect so to do. The county treasurer shall pay over such drainage taxes to the treasurer of the board of supervisors as soon as received by him.

      Sec. 9.  Section 17 of the above-entitled act is hereby amended so as to read as follows:

      Section 17.  All drainage taxes levied and assessed under the provisions of this act shall attach and become a lien on the real property assessed on the day upon which the taxes are levied in each year.

      Sec. 10.  Section 19 of the above-entitled act is hereby amended so as to read as follows:

      Section 19.  At the time of computing the tax in the county assessment roll the county clerk shall compute the district drainage taxes of the several districts of the county in which drainage taxes have been levied. The board of county commissioners, when sitting as a board of equalization of state and county taxes, shall correct the levy of drainage taxes to conform to the equalized assessments of benefits.


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

κ1919 Statutes of Nevada, Page 451 (CHAPTER 240)κ

 

      Sec. 11.  Section 21 of the above-entitled act is 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 whatsoever, either by issuing bonds or otherwise, in excess of the express provisions of this act. A debt or liability incurred in excess of the express provisions of this act shall be in the main absolutely void, except that for the purpose of organization or for the purpose of this act the board of supervisors may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding seven per cent per annum. Any such indebtedness, however, so created, shall in no sense be the personal obligation of the board of supervisors, but shall constitute a lien upon the lands embraced within said drainage district. The limit of the fund for such purposes shall be in amount the equivalent of an average of one and one-half dollars per acre throughout the district, and it shall be the duty of the board of supervisors, in the preparation of the first annual budget, to make provision for the payment of all such warrants and the interest thereon.

      Sec. 12.  Section 24 of the above-entitled act is amended so as to read as follows:

      Section 24.  Whenever it shall appear to the board of supervisors that any proceedings for the organization of a drainage district, or any assessments of damages or benefits under this act, or any law of this state is invalid as to one or more tracts of land, jointly or severally owned, situated in the district, or any tract of land has been omitted from such assessment by reason of clerical error or other mistake, or want of the proper notice or notices as required by law, such want of notice shall not invalidate such organization, neither shall such assessments of benefits be lost to the district; but the board of supervisors of such district will report such conditions to the board of county commissioners, and the said board of county commissioners may make such corrections, amendments, and changes in the assessment rolls, correcting any clerical mistake or want of sufficient notice as may be just; provided, that where such correction, amendment, or change be made, due notice thereof be given to the persons affected thereby.

      Sec. 13.  Section 25 of the above-entitled act is amended so as to read as follows:

      Section 25.  Any engineer employed under the provisions of this act shall receive such compensation as shall be fixed and determined by the board of supervisors. Supervisors shall receive such compensation as shall be fixed by the board of county commissioners. The salaries and all costs and expenses of the district shall be paid by the order of the board of supervisors out of the district treasury from drainage funds collected for that purpose upon warrants signed by the president and countersigned by the secretary.

 

Power to incur debt limited

 

 

 

 

 

 

 

 

 

 

 

 

 

Want of notice not to invalidate organization

 

 

 

 

 

 

 

Such want of notice, how corrected

 

 

 

Supervisors to fix compensation of engineer, and audit other expenses


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

κ1919 Statutes of Nevada, Page 452 (CHAPTER 240)κ

 

 

 

 

Supervisors may use highways for right of way

 

 

 

 

 

 

 

 

 

Bonds may be issued, when

 

 

 

 

 

 

Special election for bonds

 

 

 

Ballot

 

Only freeholders may vote

funds collected for that purpose upon warrants signed by the president and countersigned by the secretary.

      Sec. 14.  Section 29 of the above-entitled act is amended so as to read as follows:

      Section 29.  The board of supervisors 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 the public highway or railroad or any part of the same will be benefited, the board of supervisors may assess such benefits to such public road or railroad. 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.

      Sec. 15.  Section 32 of the above-entitled act is amended so as to read as follows:

      Section 32.  Whenever the board of supervisors deem it expedient it shall have the power, for the purpose of constructing drains, drainage canals, or other required improvements, to issue bonds of the district to run not more than twenty years and to bear interest payable semiannually, at a rate not exceeding six per cent per annum, to be called “Drainage District Bonds,” and which said bonds shall not be sold for less than ninety per cent of their par value, and the proceeds of which shall be used for no other purpose than paying the cost of construction of such drain, drainage canal, or other like work, expenses of organization and administration and interest on bonds; provided, that before such bonds shall be issued the board of supervisors shall request the board of county commissioners to, and the said board of county commissioners shall at once, call a special election to be held within a time not less than thirty (30) nor more than forty-five (45) days from the date of filing such request, and due notice shall be given of such election which shall be held within said district. Such notice shall require the electors to cast ballots which shall contain the words, “Drainage Bonds.............District.............Yes,” or “Drainage Bonds.............District.............No,” or words equivalent thereto. No person shall be entitled to vote at any such election held under the provisions of this act unless he shall be a freeholder in the district. The board of commissioners of the county in which such district was organized shall appoint the judges of election and shall provide for as many places of election as will be convenient. Such election shall be conducted as nearly as practicable in accordance with the general laws of the state; provided, that no particular form of ballot shall be required.


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

κ1919 Statutes of Nevada, Page 453 (CHAPTER 240)κ

 

that no particular form of ballot shall be required. The said board of county commissioners shall meet on the second Monday next succeeding such election and proceed to canvass the votes cast thereat, and if upon such canvass it shall appear that a majority of all the votes are “Drainage Bonds.....................District.....................Yes,” the board shall, by order to be entered upon its minutes, declare that such drainage bonds have been duly and affirmatively voted upon. The expenses of such election shall be paid out of the funds belonging to said drainage district.

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

      Sec. 16.  After section 14 add a new section as follows:

      Section 14a.  In the event that damages are claimed as the result of the drainage of subirrigated lands which have no, or an inadequate, water supply for surface irrigation, the supervisors may elect, in lieu of cash damages, to furnish such surface water supply, and for such purpose may appropriate sufficient waters developed by drainage therefor, condemn the necessary rights of way and construct the necessary works to divert the same to such land.

      Sec. 17.  At the end of the bill add a new section as follows:

      Section 72.  Nothing in this act shall be deemed to affect any drainage district heretofore organized,

 

 

Canvass of vote

 

 

 

 

Property owner may pay in full, when

 

 

 

 

 

Regarding bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Claims for damages, how settled


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

κ1919 Statutes of Nevada, Page 454 (CHAPTER 240)κ

 

Organized districts not necessarily affected

any drainage district heretofore organized, unless such district duly elects to come under the provisions of the act as hereby amended; nor shall anything in this act be construed as affecting in any way the provisions of the “Nevada Irrigation District Act,” approved March 19, 1919.

 

________

 

CHAPTER 241

 

 

 

 

 

 

 

 

 

Bonds of Pershing County. $75,000, for state highway, authorized

 

 

 

 

 

 

 

First issue not less than $25,000

 

 

 

 

 

 

Washoe, Elko, and Humboldt Counties to issue bonds

Chap. 241–An Act to authorize the board of county commissioners of Pershing County, Nevada, to issue bonds to provide for aid in the improvement of a highway across the county of Pershing.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of aiding the department of highways of the State of Nevada, in constructing a highway across the county of Pershing along the line designated as “Route 1” of the system of state highways, as defined by an act to provide a general highway law for the State of Nevada, chapter 169, Statutes 1917, or as it may hereafter be designated, the board of county commissioners of Pershing County is hereby authorized, empowered, and directed to issue bonds in the name of the said Pershing County in the aggregate sum of seventy-five thousand ($75,000) dollars. The said bonds, which shall be known as the “Pershing County Highway Bonds, Issue of 1919,” shall be issued and sold at such times as may be necessary to take advantage of equal amounts tendered to the department of highways of the State of Nevada, or to Pershing County, from such sources as hereinafter provided. It is provided, however, that the first issuance and sale shall be for not less than twenty-five thousand ($25,000) dollars, and that any bonds which are issued and not sold within eighteen (18) months after the passage of this act shall be canceled. All moneys derived from the sale of said bonds is to be expended by the county commissioners of said Pershing County, and within the bounds of the said county, and under the direction of the department of highways. It is provided, however, that the said county commissioners shall not issue said bonds, or any part thereof, except upon the following express conditions: That there shall be enacted as a law an act or acts which shall provide that the counties of Washoe and Elko shall each be bonded for the sum of one hundred fifty thousand ($150,000) dollars, and Humboldt County in the sum of seventy-five thousand ($75,000) dollars, and that the other provisions of said act or acts shall be similar in all respects to this act, and that an amount of money equal to the sum of any of the bond issues of the above four counties shall be raised and made available to the department of highways of the State of Nevada by any individuals or organizations in California or any state or states other than Nevada, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.


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

κ1919 Statutes of Nevada, Page 455 (CHAPTER 241)κ

 

the State of Nevada by any individuals or organizations in California or any state or states other than Nevada, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

      Sec. 2.  The said board of county commissioners shall cause said bonds 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 the 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 of county commissioners 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 papers published in Pershing County for a period of not less than two weeks preceding the date of the opening of said bids; the proceeds of such sale shall be placed in what shall be known as “The Pershing County Highway Fund,” which 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 five hundred dollars ($500) each; they shall be numbered consecutively and they shall bear interest at the rate of five (5) per cent per annum, said interest 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, 1922, and every twelve months thereafter, eight or more of said bonds shall be redeemed and satisfied until all of said bonds so issued shall have been redeemed and satisfied. Said bonds shall be redeemed and satisfied 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 redeemed and satisfied.

      Sec. 5.  For the purpose of creating a fund for the redemption of the said bonds and the payment of the interest thereon, the said board of county commissioners of Pershing County shall in the year 1919, and annually thereafter at the time of levying taxes for state and county purposes and in the same manner, levy and collect a special and additional tax upon all property within Pershing County sufficient in its judgment to provide for the payment of the interest annually due on said bonds, and the redemption and satisfaction of the bonds, as hereinbefore provided. The said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the county treasury.

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

Sale of bonds to be advertised

 

 

 

 

 

 

 

Denomination, interest, and redemption of bonds

 

 

 

 

 

 

 

Special annual county tax


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

κ1919 Statutes of Nevada, Page 456 (CHAPTER 241)κ

 

 

 

 

Interest to cease, when

 

 

Department of highways to be consulted

 

 

 

 

 

Said department to make surveys at county expense

 

 

 

Rights of way in name of state

 

Bids for construction to be advertised for

 

 

 

 

 

 

Certified checks with bids

 

Contractors to give bonds

assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the county treasury. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said Pershing County highway fund, and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The board of county commissioners shall consult with the board of directors of the department of highways and the state highway engineer, and by and with the advice of said board of directors and the state highway engineer, select for construction and improvement, sections of the route which is hereinbefore specified as “Route 1” of the system of state highways, as defined by “An act to provide a general highway law for the State of Nevada,” or as route 1 may hereinafter be designated. By and with the advice of the department of highways, a type and manner of improvement shall be adopted for each section of said route so selected.

      Sec. 7.  Upon the request of the board of county commissioners the department of highways shall cause surveys, plans and specifications to be made of each and every section selected as hereinbefore provided, and the board of county commissioners shall cause to be paid by Pershing County, out of funds in the Pershing County highway fund, the entire expense thereof upon vouchers certified to by the state highway engineer.

      Sec. 8.  All necessary rights of way shall be acquired by the board of county commissioners in the name of the State of Nevada, and all expense in connection therewith shall be paid out of the Pershing County highway fund.

      Sec. 9.  It shall be the duty of the board of county commissioners to advertise for all work provided for in this act, according to the plans and specifications prepared by the state highway engineer. The advertisement shall be inserted at least once each week for a period of two weeks in two newspapers, one of which shall be published in Pershing County and the other having general circulation throughout the state. Such advertisement shall state the place where the plans and specifications may be examined, the time and place where bids will be received, and the time of their opening.

      The board of county commissioners may make such rules and regulations as they may deem best for the requirement of certified checks with the bids, and for the acceptance of bids and for partial payments to the contractor.

      The board of county commissioners is hereby authorized to enter into a contract in the name of Pershing County with the successful bidder, and require such bond as they may deem necessary of the contractor for the faithful performance of the work.


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

κ1919 Statutes of Nevada, Page 457 (CHAPTER 241)κ

 

      Sec. 10.  A clause shall be inserted in each and every contract that the work is to be done to the satisfaction of the department of highways and the state highway engineer.

      Sec. 11.  The board of county commissioners shall cause to be made progress and final estimates of the work, which shall be the basis for progress and final payments to the contractor. It is provided, however, that before any payments are made to the contractor that such progress and final estimates shall first be approved and certified to by the state highway engineer.

Work must be done to satisfaction of highway department

Progress payments on work

 

________

 

CHAPTER 242

Chap. 242–An Act to authorize the board of county commissioners of Humboldt County, Nevada, to issue bonds to provide for aid in the improvement of a highway across the county of Humboldt.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of aiding the department of highways of the State of Nevada, in constructing a highway across the county of Humboldt along the line designated as “Route 1” of the system of state highways, as defined by an act to provide a general highway law for the State of Nevada, chapter 169, Statutes 1917, or as it may hereafter be designated, the board of county commissioners of Humboldt County is hereby authorized, empowered, and directed to issue bonds in the name of the said Humboldt County in the aggregate sum of seventy-five thousand ($75,000) dollars. The said bonds, which shall be known as the “Humboldt County Highway Bonds, Issue of 1919,” shall be issued and sold at such times as may be necessary to take advantage of equal amounts tendered to the department of highways of the State of Nevada, or to Humboldt County, from such sources as hereinafter provided. It is provided, however, that the first issuance and sale shall be for not less than twenty-five thousand ($25,000) dollars, and that any bonds which are issued and not sold within eighteen (18) months after the passage of this act shall be canceled. All moneys derived from the sale of the said bonds is to be expended by the county commissioners of said Humboldt County, and within the bounds of the said county, and under the direction of the department of highways. It is provided, however, that the said county commissioners shall not issue said bonds, or any part thereof, except upon the following express conditions:

 

 

 

 

 

 

 

 

 

Bonds of Humboldt County authorized, $75,000, for state highway

 

 

 

 

 

 

 

First issue not less than $25,000


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

κ1919 Statutes of Nevada, Page 458 (CHAPTER 242)κ

 

Elko, Washoe, and Pershing Counties must issue bonds

 

 

 

 

 

 

County commissioners to prepare bonds

 

 

 

 

Sale of bonds to be advertised

 

 

 

 

 

 

 

Denomination, interest, and redemption of bonds

 

 

 

 

 

 

 

 

Special annual county tax

      That there shall be enacted as a law an act or acts which shall provide that the counties of Washoe and Elko shall each be bonded for the sum of one hundred fifty thousand ($150,000) dollars, and any new county created out of territory now a part of Humboldt County in the sum of seventy-five thousand ($75,000) dollars, and that the provisions of said act or acts shall be similar in all other respects to this act, said money to be available for expenditure upon any portion of “Route 1” of the system of state highways as defined by “An act to provide a general highway law for the State of Nevada,” or as said route 1 may be hereafter designated between the Utah and California lines.

      Sec. 2.  The said board of county commissioners shall cause said bonds 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 the 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 of county commissioners 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 papers published in Humboldt County for a period of not less than two weeks preceding the date of the opening of said bids; the proceeds of such sale shall be placed in what shall be known as “The Humboldt County Highway Fund,” which 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 five hundred dollars ($500) each; they shall be numbered consecutively and they shall bear interest at the rate of five (5) per cent per annum, said interest 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, 1922, and every twelve months thereafter, eight or more of said bonds shall be redeemed and satisfied until all of said bonds so issued shall have been redeemed and satisfied. Said bonds shall be redeemed and satisfied 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 redeemed and satisfied.

      Sec. 5.  For the purpose of creating a fund for the redemption of the said bonds and the payment of the interest thereon, the said board of county commissioners of Humboldt County shall in the year 1919, and annually thereafter at the time of levying taxes for state and county purposes and in the same manner, levy and collect a special and additional tax upon all property within Humboldt County sufficient in its judgment to provide for the payment of the interest annually due on said bonds, and the redemption and satisfaction of the bonds, as hereinbefore provided.


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

κ1919 Statutes of Nevada, Page 459 (CHAPTER 242)κ

 

the same manner, levy and collect a special and additional tax upon all property within Humboldt County sufficient in its judgment to provide for the payment of the interest annually due on said bonds, and the redemption and satisfaction of the bonds, as hereinbefore provided. The said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the county treasury. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said Humboldt County highway fund, and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption.

      Sec. 6.  The board of county commissioners shall consult with the board of directors of the department of highways and the state highway engineer, and by and with the advice of said board of directors and the state highway engineer, select for construction and improvement, sections of the route which is hereinbefore specified as “Route 1” of the system of state highways, as defined by “An act to provide a general highway law for the State of Nevada,” or as route 1 may hereinafter be designated. By and with the advice of the department of highways, a type and manner of improvement shall be adopted for each section of said route so selected.

      Sec. 7.  Upon the request of the board of county commissioners the department of highways shall cause surveys, plans and specifications to be made of each and every section selected as hereinbefore provided, and the board of county commissioners shall cause to be paid by Humboldt County, out of funds in the Humboldt County highway fund, the entire expense thereof upon vouchers certified to by the state highway engineer.

      Sec. 8.  All necessary rights of way shall be acquired by the board of county commissioners in the name of the State of Nevada, and all expense in connection therewith shall be paid out of the Humboldt County highway fund.

      Sec. 9.  It shall be the duty of the board of county commissioners to advertise for all work provided for in this act, according to the plans and specifications prepared by the state highway engineer. The advertisement shall be inserted at least once each week for a period of two weeks in two newspapers, one of which shall be published in Humboldt County and the other having general circulation throughout the state. Such advertisement shall state the place where the plans and specifications may be examined, the time and place where bids will be received, and the time of their opening.

      The board of county commissioners may make such rules and regulations as they may deem best for the requirement of certified checks with the bids, and for the acceptance of bids and for partial payments to the contractor.

 

 

 

 

 

 

 

Interest to cease, when

 

 

Department of highways to be consulted

 

 

 

 

 

Surveys made by highway department at county expense

 

 

 

Rights of way in name of state

 

Bids for work to be advertised for

 

 

 

 

 

 

Certified checks with bids


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

κ1919 Statutes of Nevada, Page 460 (CHAPTER 242)κ

 

Bonds from contractor

 

 

Work done to satisfaction of highway department

Progress payments on work

 

 

 

Act only effective in certain case

      The board of county commissioners is hereby authorized to enter into a contract in the name of Humboldt County with the successful bidder, and require such bond as they may deem necessary of the contractor for the faithful performance of the work.

      Sec. 10.  A clause shall be inserted in each and every contract that the work is to be done to the satisfaction of the department of highways and the state highway engineer.

      Sec. 11.  The board of county commissioners shall cause to be made progress and final estimates of the work, which shall be the basis for progress and final payments to the contractor. It is provided, however, that before any payments are made to the contractor that such progress and final estimates shall first be approved and certified to by the state highway engineer.

      Sec. 12.  This act shall be effective only in the event that a new county is created by the present legislature out of territory now a part of Humboldt County.

 

________

 

CHAPTER 243

 

 

 

 

 

 

 

 

 

 

 

Unlawful to have in possession or sell or give away intoxicating drink

Penalties

 

 

 

 

 

“Intoxicating drink” defined

Chap. 243–An Act prohibiting the sale, furnishing, giving away, or having in possession of any intoxicating drinks; defining the same; making the superintendent of the Nevada state police ex officio commissioner of prohibition and defining his duties; prescribing penalties for the violation of this act and providing for the enforcement of the same.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act it shall be unlawful for any person, firm or corporation to sell, furnish, give away or have in possession any intoxicating drink or drinks, except as otherwise permitted by this act. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor; provided, that any person who shall be convicted of a violation of any of the provisions of this act a second time within the space of one year shall be punished by a fine of not more than one thousand dollars and by imprisonment in the county jail for not more than twelve months. The punishment last mentioned respecting second offenses shall not be less than a fine of five hundred dollars and imprisonment in the county jail for six months.

      Sec. 2.  The words “intoxicating drink” are intended to mean and shall be deemed to mean all malt, vinous or spirituous liquors, all wine, porter, ale, beer, all malted or brewed drinks, all liquids, mixtures and preparations which will produce intoxication and all beverages containing so much as one-half of one per centum of alcohol by volume; provided, that none of the foregoing is intended, nor shall any be deemed, to be included as an intoxicating drink unless it shall contain so much as one-half of one per centum of alcohol by volume and be capable of use as a beverage.


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

κ1919 Statutes of Nevada, Page 461 (CHAPTER 243)κ

 

produce intoxication and all beverages containing so much as one-half of one per centum of alcohol by volume; provided, that none of the foregoing is intended, nor shall any be deemed, to be included as an intoxicating drink unless it shall contain so much as one-half of one per centum of alcohol by volume and be capable of use as a beverage.

      Sec. 3.  It shall be lawful for druggists to sell pure grain alcohol or any United States pharmacopoeia or national formulary preparation in a manner conforming to laws now existing respecting such sale, and any specific liquids or solids when so sold shall be deemed to be intoxicating drinks whose sale is permitted; provided, that any substance the sale or possession of which requires a United States liquor dealer’s tax or stamp is intended to be an intoxicating drink, whose sale is not permitted.

      Sec. 4.  It shall be lawful for druggists to sell perfumes, toilet-waters and other toilet preparations, or extracts, condiments or other culinary preparations of like nature, and all of the foregoing enumerated substances may likewise lawfully be sold by grocers having a permanent place of business within the town or city in which the same shall be sold.

      Sec. 5.  It shall be lawful for druggists to sell brandy or wine, such as is commonly used for beverage purposes, or medicines containing the same only according to the prescription of a duly licensed physician or surgeon residing in the county, which prescription shall state the name and address of the person for whom prescribed and the particular necessity for the same, and which shall further direct that the same shall be compounded or dispensed one time only and which prescription shall be numbered in the usual way, and shall bear also a serial number denoting the number of times substantially the same prescription has been issued to or for the same person. Said prescription shall in addition be dated, subscribed by the physician and sworn to be as true and correct in every particular before some person competent to administer an oath. No such prescription shall be prescribed or knowingly and wilfully be compounded or dispensed by any druggist for a greater quantity than one quart liquid measure, nor shall any physician prescribe for the same person more than once the same or similar liquors within any period of three months, unless with respect to time such physician shall further make oath that the condition of the person prescribed for is such that the liquors prescribed are absolutely necessary at the time. Wines for sacramental purposes may be obtained from druggists and druggists may sell the same to duly and regularly ordained or practising ministers of the gospel residing within the county of sale upon their written and signed statement that such wines are to be used for sacramental purposes. Physicians shall keep copies of originals and druggists shall keep copies of prescriptions for intoxicating drinks given or compounded pursuant to this act from their date for one year, and exhibit the same on demand to any peace officer.

 

Proviso

 

 

 

Druggist may sell alcohol and certain preparations under restrictions

 

 

Toilet and culinary preparations excepted

 

 

 

Brandy, wine, or medicine containing same sold by druggist on prescription of reputable physician

Prescription filled once only

 

 

 

 

 

 

 

 

Wine for sacramental purpose to clergymen, allowed


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κ1919 Statutes of Nevada, Page 462 (CHAPTER 243)κ

 

 

Druggists to keep accurate record; open to inspection of peace officers

 

 

 

 

Commissioner of prohibition and all peace officers to enforce this act

 

 

 

 

Forcible entry on warrant

 

 

 

 

 

 

Peace officers custodian of seized intoxicants

 

 

 

 

Nurses may administer physician’s prescriptions

compounded pursuant to this act from their date for one year, and exhibit the same on demand to any peace officer. Druggists shall keep a record of all intoxicating drink or drinks bought and received or otherwise received from and after July 1, 1919, and they shall make a statement of the amount of such drink on hand on July 1, 1919, and annually thereafter. Such statement and record shall be kept from time to time as supplies are received and shall be open to the inspection of all peace officers at reasonable times of the day. Any violation of the provisions of this section shall be deemed a violation of this act. Any person may be punished also for any false oath or affidavit, according to existing laws.

      Sec. 6.  The superintendent of the Nevada state police shall see that this act is obeyed and observed throughout the state, and shall be ex officio commissioner of prohibition. The peace officers of cities, towns and counties and the district attorneys of each county shall see that this act is obeyed and observed within the limits of their authority. City, town, county and state peace officers and district attorneys shall have the power to seize any intoxicating drink or drinks defined in this act when they are not excepted by permission from the operation hereof, which they may find in the possession of any one under circumstances giving reasonable ground for belief that this act has been or is being violated; provided, that they shall not break or enter into any place used as a place of abode or residence of any person and in other cases they shall first make oath before the nearest magistrate as to the facts within their knowledge and procure a warrant and authority for the search of the premises to be particularly described. Such warrant shall be issued without delay upon the oath of the superintendent of the Nevada state police or the district attorney of the county that he or either of them has reasonable ground to believe that this act is being violated and setting forth such facts as may be known to such officer.

      Sec. 7.  All intoxicating drink seized according to law shall be kept safely by the sheriff or constable in the town or county of the seizure and shall await the event of any prosecution commenced in connection with them, and the court or judge having jurisdiction shall order the destruction of the same by the sheriff or constable or their return to the place of seizure accordingly as it shall appear that the seizure was or was not warranted.

      Sec. 8.  Any possession of intoxicating drinks lawfully sold to the possessor shall be a lawful and permitted possession, but the same shall not be given away or furnished to another on any pretext whatsoever, except in the case of persons acting as nurses who are hereby permitted to furnish, give away or administer the same to the sick according to a physician’s prescription.


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κ1919 Statutes of Nevada, Page 463 (CHAPTER 243)κ

 

      Sec. 9.  Arrests may be made on warrants or otherwise as in other criminal cases and by officers and members of the Nevada state police according to the powers of the Nevada state police. All offenses shall be bailable upon reasonable bail, but not less than the amount of the minimum fine which might be imposed for the offense charged shall be fixed as bail in any case.

      District attorneys shall prosecute all charges diligently and on the request in writing filed with the papers of the case and signed by the commissioner of prohibition, shall receive the assistance of any attorney at law of Nevada who may offer assistance without charge or expense, and the court or judge having jurisdiction shall order the name of such attorney entered as an attorney of record on behalf of the state in such prosecution or proceeding. No prosecution or proceeding shall be dismissed if such attorney shall object, before an opportunity shall be afforded such attorney to be heard by the court or to file a statement in the papers of the case concerning the same.

      Sec. 10.  This act shall be cited as the Nevada prohibition act and in prosecutions under it a concise statement that the accused did violate the Nevada prohibition act, a first or second offense (as the case may be), by selling, furnishing, giving away or having in possession (as the case may be) intoxicating drink or drinks, and naming or describing the person or persons to whom the same were sold, furnished or given away (as the case may be), shall sufficiently describe the offense. The time and venue and other usual recitals shall also be given. A second offense shall be noted by appropriate words. It shall not be necessary to negative in the charge, information or indictment any matters of defense.

      Sec. 11.  All acts or parts of acts in conflict herewith are hereby repealed; provided, that it is not intended hereby to repeal or amend the initiative prohibition enactment which was submitted to the people, as question No. 1, at the last general election, and the same is not repealed or amended by this act.

Arrests, how made

 

Bailable, when

 

 

District attorneys to prosecute violators; shall accept free services of any attorney

 

 

 

 

 

This act cited as “Nevada Prohibition Act”

 

 

 

 

 

 

Repeal; not to affect initiative prohibition law

 

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CHAPTER 244

Chap. 244–An Act to fix the state tax levy for the fiscal years 1919 and 1920 and to distribute the same to the proper funds.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the fiscal year commencing January 1, 1919, an ad valorem tax of sixty-six and five one-hundredths cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows:

 

 

 

 

 

 

 

 

Fixing state tax levy for 1919 and 1920


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

κ1919 Statutes of Nevada, Page 464 (CHAPTER 244)κ

 

 

 

For 1919, 66.05 cents per $100; how apportioned

 

 

 

 

 

 

 

 

 

For 1920, 67.45 cents per $100; how apportioned

law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows:

      General fund, thirty and sixty-five one-hundredths cents; state highway fund, ten cents; rabies fund, one and eight-tenths cents; general school fund, seven and six-tenths cents; university contingent fund, eight cents; territorial interest fund, one cent; state loan interest and redemption fund, one cent; general appropriation bond interest and redemption fund, one-tenth of one cent; new prison bond interest and redemption fund, five-tenths of one cent; Nevada hospital for mental diseases building interest and redemption fund, seven-tenths of one cent; Nevada heroes memorial building interest and redemption fund, five-tenths of one cent; Nevada highway bond interest and redemption fund, two and five-tenths cents; reclamation loan interest and redemption fund, five-tenths of one cent; agricultural building, University of Nevada, five-tenths of one cent; experiment farm, University of Nevada, two-tenths of one cent; teachers’ training building, University of Nevada, five-tenths of one cent.

      Sec. 2.  For the fiscal year commencing January 1, 1920, an ad valorem tax of sixty-seven and forty-five one-hundredths cents on each one hundred dollars of taxable property is hereby levied and directed to be collected for state purposes, upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: General fund, thirty and sixty-five one-hundredths cents; state highway fund, ten cents; rabies fund, one and eight-tenths cents; general school fund, seven and six-tenths cents; university contingent fund, eight cents; territorial interest fund, one cent; state loan interest and redemption fund, one and five-tenths cents; general appropriation bond interest and redemption fund, one-tenth of one cent; new prison bond interest and redemption fund, five-tenths of one cent; Nevada hospital for mental diseases building interest and redemption fund, seven-tenths of one cent; Nevada heroes memorial building interest and redemption fund, five-tenths of one cent; Nevada highway bond interest and redemption fund, two and five-tenths cents; reclamation loan interest and redemption fund, one cent; agricultural building, University of Nevada, five-tenths of one cent; experiment farm, University of Nevada, two-tenths of one cent; teachers’ training building, University of Nevada, five-tenths of one cent; mining experimentation building, University of Nevada, two-tenths of one cent; engineering experimentation building, University of Nevada, two-tenths of one cent.

 

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κ1919 Statutes of Nevada, Page 465κ

CHAPTER 245

Chap. 245–An Act to provide for the employment of a supervising architect for the state.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state engineer is hereby authorized, empowered, and directed to appoint a competent architect, whose business it shall be to prepare plans and specifications and supervise the construction of all buildings of the state for the erection of which provision has been made at the present session of the legislature, either by authorization of bond issues or by direct appropriations.

      Sec. 2.  The salary of said supervising architect shall be not to exceed $5,000 per year, and shall be paid pro rata out of the appropriations or bond issues made for the erection of such buildings according to the cost thereof.

      Sec. 3.  Said supervising architect, before entering upon the duties of his office, shall make and execute a bond, with good and sufficient surety or sureties, payable to the State of Nevada in the sum of ten thousand dollars, and conditioned for the faithful performance of the duties of his office.

 

 

 

 

 

 

 

 

State architect appointed by state engineer

 

 

Salary, $5,000; paid pro rata

 

Bond of architect

 

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CHAPTER 246

Chap. 246–An Act to authorize the board of county commissioners of Douglas County, Nevada, to issue bonds to provide funds for constructing and improving roads and highways in Douglas County, Nevada.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of constructing and improving highways and roads in Douglas County, the board of county commissioners of Douglas County is hereby authorized, empowered and directed to issue bonds in the name of said Douglas County in the sum of one hundred thousand dollars, said bonds to be known as the “Douglas County Highway Bonds.” All money derived from the sale of said bonds to be expended by the county commissioners of said Douglas County, and within the bounds of said county.

      Sec. 2.  The said board of county commissioners shall cause said bonds to be prepared, and they shall be signed by the chairman of said board and its clerk and the county treasurer, and authenticated by 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 or a printed facsimile of his signature.

 

 

 

 

 

 

 

 

 

Bonds of Douglas County, $100,000, for roads and highways

 

 

 

 

County commissioners to prepare bonds


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κ1919 Statutes of Nevada, Page 466 (CHAPTER 246)κ

 

Negotiation and sale of bonds

 

 

 

 

 

 

Denomination, annual interest, and redemption of bonds

 

 

 

 

 

 

Annual county tax for bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Portion may be canceled and not issued

      Sec. 3.  The said board of county commissioners is authorized to negotiate the sale of said bonds from time to time as the said board deems necessary to the highest responsible bidders or at private sale at not less than their par value; the proceeds of such sales shall be placed in what is known as the “Douglas County Highway Fund,” which 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 on 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 five hundred dollars each; they shall be numbered consecutively and they shall bear interest at not exceeding six per centum per annum, said interest payable on the first day of January of each year after the issuance of said bonds until paid in full; and on the first day of January, 1921, and every twelve months thereafter, ten or more of said bonds shall be redeemed and paid until all of said bonds so issued shall have been redeemed and paid. Said bonds shall be redeemed and paid as aforesaid in the order of their issuance, the lowest-numbered bond to be first redeemed and paid, and so on until the whole amount of said bonds so issued shall have been redeemed and paid.

      Sec. 5.  For the purpose of creating a fund for the redemption and payment of the said bonds and the interest thereon, the said board of county commissioners of said county shall, in the year 1919 and annually thereafter, at the time of levying taxes for state and county purposes and in the same manner, levy a tax upon all property subject to taxation within said Douglas County sufficient in its judgment to provide for the payment of the interest annually due on said bonds and the redemption and payment of the said bonds as hereinbefore provided. Said taxes shall be assessed and collected as are other taxes, and shall be paid into a fund to be known as the “Douglas County Highway Bond Redemption Fund,” and shall be used for no other purpose except as herein provided; said fund shall be held by the county treasurer of said county and paid out by him as herein provided. At the maturity of said bonds and the coupons thereon, they shall be paid by the county treasurer out of the said “Douglas County Highway Bond Redemption Fund,” and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable and shall have been called in for redemption; provided, any portion or portions of the said bond issue of $100,000 as herein provided not issued and sold prior to January 1, 1921, shall be canceled and never issued. That bonds issued shall be paid as herein provided.


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κ1919 Statutes of Nevada, Page 467 (CHAPTER 246)κ

 

      Sec. 6.  When said bonds and coupons shall have been executed as herein provided, their legality shall not be open to contest by said county or by any person or corporation for or on its behalf for any reason whatsoever.

      Sec. 7.  Any balance remaining in any fund hereby created and provided for after the accomplishment of the said purposes shall be converted into and become a part of the general road fund of said county.

      Sec. 8.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereby imposed be omitted, until all the bonds and coupons issued under and by virtue of this act shall have been paid in full as herein provided.

Legality of bonds incontestable

 

Residue reverts to general road fund

 

Faith of state pledged

 

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CHAPTER 247

Chap. 247–An Act authorizing and empowering the board of commissioners of Lyon County, State of Nevada, to issue bonds to provide for aid in the construction of state highways within said county.

 

[Approved April 1, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of commissioners of Lyon County, Nevada, is hereby authorized and empowered to issue bonds of said Lyon County in the sum of not to exceed fifty thousand ($50,000) dollars and not to exceed six per cent (6%) interest thereon and not to run to exceed twenty years and to be issued from time to time as may be required, in the usual form of county bond. The said board is also authorized and empowered to levy an annual tax upon all the property within the said Lyon County subject to taxation for the purpose of paying the interest and principal of said bonds.

      Sec. 2.  Said bonds shall be sold by the said board at not less than the par value thereof and the proceeds thereof when sold shall be deposited with the treasurer of Lyon County to the credit of the Lyon county-state highway fund and shall be used solely for the purpose of aiding in the construction of state highways within the said Lyon County.

      Sec. 3.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds issued under and by virtue thereof shall have been paid in full.

 

 

 

 

 

 

 

 

 

Lyon County bonds, $50,000, for state highways

 

 

Annual tax

 

 

County commissioners to sell bonds

 

 

 

Faith of state pledged

 

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κ1919 Statutes of Nevada, Page 468κ

CHAPTER 248

 

 

 

 

 

 

 

 

 

Amending crimes and punishments act

 

 

Degrees of murder defined

 

 

 

 

 

 

 

 

Punishments

Chap. 248–An Act to amend section 121 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911.

 

[Became a law April 2, 1919]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 121 of the above-entitled act is hereby amended so as to read as follows:

      Section 121.  Malice shall be implied when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery, or burglary, or which shall be committed by a convict in the state prison serving a sentence of life imprisonment, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree; but, if such person shall be convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of the crime, and give sentence accordingly. Every person convicted of murder in the first degree shall suffer death or confinement in the state prison for life, at the discretion of the jury trying the same; or upon a plea of guilty the court shall determine the same; and every person convicted of murder of the second degree shall suffer imprisonment in the state prison for a term of not less than ten years, and which may be extended to life.

 

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CHAPTER 249

 

Chap. 249–An Act to amend an act entitled “An act to provide for the payment of retirement salaries to public-school teachers of this state, and all matters properly connected therewith,” approved March 23, 1915, and repealing certain sections of said act.

 

[Became a law April 2, 1919]

 

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

Assembly, do enact as follows:

 

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

      Section 1.  There are hereby established two funds in the state treasury, to be known, respectively, as the public-school teachers’ retirement salary fund and the public-school teachers’ permanent fund.


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κ1919 Statutes of Nevada, Page 469 (CHAPTER 249)κ

 

teachers’ retirement salary fund and the public-school teachers’ permanent fund. The public-school teachers’ permanent fund shall be made up of all moneys received from the following sources, or derived in the following manner:

      (1) The income and interest derived from the investment of moneys contained in such fund;

      (2) An ad valorem tax of five mills on the hundred dollars of all taxable property in the state; and the board of county commissioners of the several counties shall, annually, at the same time other state taxes are levied, add this to the other taxes provided by law to be levied and collected, and it shall be annually collected at the same time and in the same manner as other state taxes are collected, and if, from any reason whatever, in any year said taxes are not levied as herein required, by the board of county commissioners, the county auditor shall enter them on the assessment roll as required by law for other taxes;

      (3) All donations, legacies, gifts, and bequests which shall be made to such fund, and all the moneys which shall be obtained or contributed for the same purposes from other sources.

      Sec. 2.  Sections numbered 4 and 5 of the above-entitled act are hereby repealed.

      Sec. 3.  Section 7 of the above-entitled act is hereby amended so as to read as follows:

      Section 7.  The public-school teachers’ retirement salary fund board, subject to the provisions of this act, shall have power, and it shall be its duty:

      (1) To approve and allow retirement salaries of public-school teachers entitled to the same under the provisions of this act;

      (2) Through its president or other officer designated by it for that purpose, to audit all claims and demands for money expended or authorized to be expended by it, and certify all claims and demands against the public-school teachers’ permanent fund and the public-school teachers’ retirement salary fund, including all retirement salary demands, to the state controller, who shall draw his warrant therefor upon the state treasurer, payable out of said fund; provided, that no demands shall be allowed except after resolution, duly passed at a meeting of the board by a majority of its members, which adoptions shall be attested by the secretary;

      (3) To invest the moneys in the permanent fund in securities and to collect the income therefrom and interest and dividends thereon; to deposit such securities with the state treasurer, and to make sale of such securities when, in its judgment, such sale will be advisable; provided, that none of the moneys in the public-school teachers’ permanent fund shall be invested in any securities except such securities as those in which the funds of savings banks may be legally invested. The state controller is authorized to draw his warrant upon the public-school teachers’ permanent fund in payment of duly audited claims arising out of the investment of the moneys in said fund;

Retirement salaries for public-school teachers

 

Permanent fund, how made up

 

 

 

 

 

 

 

 

 

 

 

Sections repealed

 

 

Powers of retirement salary board


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κ1919 Statutes of Nevada, Page 470 (CHAPTER 249)κ

 

 

 

 

 

 

 

Effective Feb. 1, 1919; certain refunds to teachers

warrant upon the public-school teachers’ permanent fund in payment of duly audited claims arising out of the investment of the moneys in said fund;

      (4) To prescribe the duties of the secretary and other officers of the board;

      (5) To conduct investigation in all matters relating to the operation of this act, and to subpena witnesses and compel their attendance to testify before it in respect to such matters.

      Sec. 4.  This act shall take effect as of date February 1, 1919, and any teacher who has made any payment for the year 1918-1919, other than the first payment of $4.50, shall have the same refunded to her by the state teachers’ retirement salary fund board.

 

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