[Rev. 12/19/2019 5:57:25 PM]
κ1935 Statutes of Nevada, Page 1κ
Chapter 1, Statutes 1935, the same being Question No. 2 on the official ballot at the general election November 6, 1934, not receiving a majority of all the votes cast at said election, did not receive the approval required by section 2, article XIX, Nevada Constitution, therefore did not become the law of the State, and was erroneously incorporated herein.-Opinion of Attorney-General, No. 161, May 1, 1935.
LAWS OF THE STATE OF NEVADA
Passed at the
THIRTY-SEVENTH SESSION OF THE LEGISLATURE
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1935
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[Referendum on So-Called Fish and Game Law]
Chapter 1An Act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the closing, opening and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith, approved March 29, 1929.
[Enacted Pursuant to Direct Vote of the People, General Election, November 6, 1934]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Sec. 91. Every person in the State of Nevada who hunts any deer without first procuring a duplicate license tag therefor as provided in this section shall be deemed guilty of a misdemeanor. (a) Duplicate license tags granting the privilege to hunt deer shall be issued and delivered by the fish and game commissioners, or their agents, to any person holding a hunting license for the current license year, upon application by such person in the form herein provided and upon the payment of one dollar by such applicant. |
Must procure duplicate license tag to hunt deer |
κ1935 Statutes of Nevada, Page 2 (CHAPTER 1, Referendum on So-Called Fish and Game Law)κ
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Form of duplicate tag
Owner of tag granted certain privileges
Duty of licensee upon killing deer
Procedure to secure license tag |
license for the current license year, upon application by such person in the form herein provided and upon the payment of one dollar by such applicant. Said license shall be prepared by the fish and game commissioners, of suitable size in the form of a duplicate tag, and have printed or stamped thereon the words Deer Hunting License Tag No ., State of Nevada; expires December 31, 19 , to accompany Hunting License No ., with said tag number and appropriate year written or printed thereon, together with the other matters and things provided in paragraph (b) hereof; and said fish and game commissioners shall account to the state controller each month for all tags sold and on hand from October to December, inclusive, of each year. (b) All duplicate license tags issued as herein provided shall be valid authority for the person to whom issued to hunt, pursue and kill deer during the open season therefor, and in such numbers as may be allowed by law. Such duplicate license tag, or tags, shall continue in force until the licensee shall have killed the number of deer allowed by law to be killed in the open season therefor by any one person of this state; provided, such duplicate tags shall be void from and after the date of expiration written or printed thereon. Such licensee shall carry said duplicate license tag at any and all times while hunting deer, and upon killing of any deer said licensee shall immediately write the place, date and time of day of such killing and sign his name on said license tag and attach the original of said license tag to the horns of such deer, and keep the same attached thereto during the open season and for a period of ten days next succeeding the close of the open season; and shall write the place, date and time of day of such killing and sign his name and address on the duplicate of said license tag and mail the same immediately to the fish and game commissioners; and shall exhibit upon demand any deer or parts thereof that may be in his possession, or any duplicate license tag or tags obtained as herein provided, to any officer authorized to enforce the fish and game laws of the state, or any peace officer of this state. (c) Every person applying for and securing a license tag or tags as herein provided shall exhibit his hunting license, and furnish to the fish and game commissioners, or agent appointed by the fish and game commissioners, his name, resident address, together with a written description of himself by age, weight, nationality and color of eyes and hair, and said application shall set forth the date of issuance and the number of the license tag or tags issued to such person, and the number of his hunting license. The person issuing any license tag or tags as herein provided shall write his name thereon, together with the place and date of issuance, and shall write the number of such duplicate license tag or tags so issued on the hunting license of the applicant. |
κ1935 Statutes of Nevada, Page 3 (CHAPTER 1, Referendum on So-Called Fish and Game Law)κ
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his name thereon, together with the place and date of issuance, and shall write the number of such duplicate license tag or tags so issued on the hunting license of the applicant. (d) Any one person holding a hunting license for the current license year shall be entitled, upon compliance with the provisions of this section, to receive only one duplicate tag for each deer allowed to be killed in the open season under the laws of this state, except upon affidavit by the applicant that a duplicate tag so issued has been lost or destroyed and then only upon payment of the original fee; provided, that no duplicate license tag or tags issued as herein provided shall be mutilated, defaced, changed or altered for the purpose of evading the provisions of this section, or transferred to another person, or used by any person other than the one to whom it was issued. (e) Every person who makes any false statement as to any of the facts required by this section for the purpose of obtaining a duplicate license tag or tags, and every person violating any of the provisions of this section shall be guilty of a misdemeanor; and shall forfeit such duplicate license tag or tags as may have been obtained, and no new license tag or tags shall be issued to such person for the remainder of the license year. (f) Any person legally killing a deer in this state and under the tagging system provided herein may transport said deer into any closed district, or into any other state; provided, he shall, before transporting such deer, have the tag herein provided for countersigned by a regular-salaried officer of the fish and game commissioners or deputy thereof, or by an officer authorized to administer oaths, and if such officer has an official seal such tag shall, in addition, bear the imprint of such seal. (g) All moneys collected from the sale of license tags, as provided herein, shall be paid into the state treasury to the credit of the fish and game preservation fund. |
Owner of hunting license entitled to duplicate tag or tags
False statement misdemeanor
Disposition of deer legally killed
Fees paid into state treasury |
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κ1935 Statutes of Nevada, Page 4κ
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Bounties to be paid; amount of
Duties of claimant of bounties
Duties of county clerk
Penalties for violation |
[Initiative Petition]
Chap. 2An Act providing for the payment of bounties for the destruction and eradication of predatory animals, prescribing the manner of payment, providing for cooperation with the federal government in such eradication by bounty payments, other matters relating thereto, and repealing all acts and parts of acts in conflict herewith.
[Enacted Pursuant to Direct Vote of the People, General Election, November 6, 1934]
The People of the State of Nevada do enact as follows:
Section 1. For the destruction and eradication of predatory animals within the State of Nevada, the state shall pay the following bounties: For each mountain lion killed within the State of Nevada, twenty ($20) dollars; for each coyote, two ($2.50) dollars and fifty cents; for each bobcat, two ($2) dollars; provided, that the total payments for any one calendar year shall not exceed the sum of seventeen thousand ($17,000) dollars, and when said sum shall have been so expended payments shall automatically cease until the first day of the next following calendar year, when such payments shall be resumed. Sec. 2. The claimant for any of the bounties enumerated in section 1 of this act must present to the county clerk of the county wherein such animal or animals were killed, the entire skin in one piece of each animal killed, and said skin must include and have attached thereto in one piece the tip of the nose, the ears, tail and all four feet with toes and claws intact; provided, that where such animal has lost a foot, toes or claws, the remaining portion of the skin of its leg, foot or toes shall be presented intact. Sec. 3. Said county clerk shall administer an oath to the claimant for any such bounties, which oath shall be subscribed to over the signature of the claimant and shall contain the following particulars: That such animal or animals were killed within the State of Nevada and within the county where the claim is presented; that they were killed by the claimant in person; that they were of the species claimed; that they were not whelped in captivity. Should any claimant attempt to collect a bounty or bounties for any animal or animals not killed in the State of Nevada, he shall be guilty of fraud and upon conviction he shall serve not less than one year nor more than five years in the state prison. Should he swear falsely under the oath required in this section he shall be guilty of perjury, and upon conviction he shall serve not less than one year nor more than five years in the state prison. If the county clerk does not know the claimant personally or is in anywise in doubt as to the veracity or legality of the claim, he shall require additional and conclusive proof, which shall be made a part of the public records of his office, and for any failure upon his part to rigidly enforce the law in this regard he shall be liable to the State of Nevada under his official bond. |
κ1935 Statutes of Nevada, Page 5 (CHAPTER 2, Initiative Petition)κ
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or is in anywise in doubt as to the veracity or legality of the claim, he shall require additional and conclusive proof, which shall be made a part of the public records of his office, and for any failure upon his part to rigidly enforce the law in this regard he shall be liable to the State of Nevada under his official bond. Sec. 4. Said county clerk shall count and examine said skins, and determine their species. He shall be provided by the state controller with a device for perforating said skins with the lettering and words, Bounty Paid-Nevada, with which he shall perforate the forehead of each skin of adult animals, such perforation to not damage the skin and to not occupy a space greater than two by three inches; provided, that in case of coyote pup skins or bobcat kitten skins, such perforation may occupy the whole or any part of the skin thereof. Said skins shall thereupon be returned to the claimant as his property. Said county clerk shall make a certification in triplicate, listing the skins presented by their true species and the amount due for each, which certificate shall be under his official seal, shall bear his signature together with that of the claimant; and a copy thereof shall be delivered to said claimant, another copy shall become and remain a part of the public records of said county clerks office, and a third copy shall be forwarded to the state controller. Upon receipt of such copy said state controller shall issue a warrant upon the state treasurer in favor of the claimant for the full amount thereof; and said warrant shall be paid in the same manner that other claims against the state are paid. Said state controller shall keep an accurate record of each of such transactions as a part of the public records of his office. Sec. 5. For each calendar year while this act shall be in effect, for the payment of bounties as hereinabove provided, there is hereby appropriated from the general fund in the state treasury, of moneys not otherwise appropriated, the sum of seventeen thousand ($17,000) dollars, and any residue of said sum remaining unexpended at the end of any calendar year shall revert to the general fund of the state treasury. Sec. 6. The legislature, or the governor, when the legislature is not in session, shall have authority to conclude a cooperative agreement with the federal government whereby said federal government shall contribute a sum per annum not less than seventeen thousand ($17,000) dollars, nor more than thirty-four thousand ($34,000) dollars, which sum shall be used to supplement the bounty for each species of predatory animals as above enumerated, the bounties to be in the same ratio as to species as hereinabove set out. Said governor is hereby directed, in case of the legislature not being in session when this act becomes effective, to forthwith enter into negotiations with said federal government for the consummation of such cooperative agreement, and to report the results of such negotiations to the legislature at its next ensuing session; provided, that the State of Nevada shall be a party to no agreement, nor continue to participate in any agreement now in effect, whereby salaries instead of bounties are paid for the destruction and eradication of predatory animals, nor whereby less than the full skin of the animal or animals is accepted in verification of any claim for bounty or bounties; nor shall salaries be paid for administration nor in anyway in relation to the administration of this act. |
May require additional proof
Skins shall be perforated by county clerk
Record of each transaction to be in triplicate; disposition of
Duties of controller
Amount of bounty limited
State may participate with federal government |
κ1935 Statutes of Nevada, Page 6 (CHAPTER 2, Initiative Petition)κ
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Governor may enter into agreement
Repeal |
not being in session when this act becomes effective, to forthwith enter into negotiations with said federal government for the consummation of such cooperative agreement, and to report the results of such negotiations to the legislature at its next ensuing session; provided, that the State of Nevada shall be a party to no agreement, nor continue to participate in any agreement now in effect, whereby salaries instead of bounties are paid for the destruction and eradication of predatory animals, nor whereby less than the full skin of the animal or animals is accepted in verification of any claim for bounty or bounties; nor shall salaries be paid for administration nor in anyway in relation to the administration of this act. Sec. 7. Any previous act of the legislature in conflict or inconsistent with any provision, section, sentence or clause of this act, or with its main purpose or intent, is hereby repealed. |
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Legislative appropriation, $40,000
Duties of controller and treasurer
Residue to revert
In effect |
[Senate Bill No. 1Mr. Friedhoff]
Chap. 3An Act to create a legislative fund.
[Approved January 23, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of forty thousand dollars ($40,000), which shall constitute the legislative fund. Sec. 2. The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay same. Sec. 3. All moneys remaining is said fund at the adjournment of the legislature shall revert to the general fund. Sec. 4. This act shall be in effect immediately upon its passage and approval. |
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κ1935 Statutes of Nevada, Page 7κ
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[Senate Bill No. 6Senator Friedhoff]
Chap. 4An Act to amend an act entitled An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended, by adding two new sections thereto, to be designated, respectively, 49 1/2a and 49 1/2b, relating to funding and refunding bonds of local improvement districts in irrigation districts, and matters properly connected therewith.
[Approved January 26, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An act entitled An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended, is hereby amended by the addition of two new sections thereto to be known as sections 49 1/2a and 49 1/2b, and to read as follows: Section 49 1/2a. The board of directors of any irrigation district may, as hereinafter provided, cause funding or refunding bonds to be issued for the purpose of funding or refunding any or all outstanding bonds, notes or certificates of indebtedness of any improvement district in such district. Such funding or refunding bonds shall, except as otherwise provided herein, be issued in substantially the manner and form prescribed by this act for the issuance of other bonds of improvement districts in irrigation districts, and the provisions of this act concerning the authorization, certification, issuance and sale of bonds of improvement districts in irrigation districts shall be applicable to bonds issued under this section; provided, however, that no plan, estimate or report of the district engineer shall be required to be made or approved as provided in section 49 1/2 of this act, nor shall any new apportionment of benefits in respect of such bonds be required to be made or confirmed by the district court, but in lieu thereof the board or directors of any irrigation district desiring to fund or refund any of the bonds, notes or certificates of indebtedness of any improvement district in such irrigation district may submit to the irrigation district bond commission its proposed plan for the funding or refunding of such bonds, notes or certificates of indebtedness. |
New sections added
Funding or refunding bonds may be issued |
κ1935 Statutes of Nevada, Page 8 (CHAPTER 4, SB 6)κ
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Election to be called
Duties of board of directors if bonds approved
Duties of state controller |
bonds, notes or certificates of indebtedness of any improvement district in such irrigation district may submit to the irrigation district bond commission its proposed plan for the funding or refunding of such bonds, notes or certificates of indebtedness. If such plan be approved by said commission, the board of directors of such irrigation district shall call an election in such improvement district for the purpose of authorizing the issuance of such funding or refunding bonds. Such election shall be called and held and the result thereof determined and declared substantially in the same manner provided by this act for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only shall be required for the authorization of such funding or refunding bonds. The maturity or maturities of said funding or refunding bonds shall be fixed by the board of directors of such irrigation district, subject to the approval of the irrigation district bond commission, but in no case shall the majority of any of said bonds be more than forty years from the date thereof. The rate of interest on such bonds shall not exceed six percent per annum, payable semiannually. If the issuance of such funding or refunding bonds be carried by a vote of a majority of the qualified electors of such improvement district voting at such election, the board of directors shall petition the district court of the county in which the principal office of the district is located for confirmation of all of the proceedings in respect to such issuance of such funding or refunding bonds in the manner prescribed in this act for the confirmation of other proceedings by the district, and the proceedings on such petition shall be substantially the same as provided by section 49 1/2 of this act for the confirmation of proceedings in respect to local improvements in such irrigation district. The apportionment of benefits made in connection with the issuance of the bonds, notes or certificates of indebtedness of such local improvement district so refunded shall be applicable to assessments made for the payment of principal and interest of such funding or refunding bonds; and for the payment of such principal and interest, the board of directors of such irrigation district shall levy annual assessments for the amount of interest and redemption of said funding or refunding bonds upon the lands affected by said local improvement according to such apportionment of benefits, and the provisions of section 49 1/2 of this act relating to assessments are hereby made applicable to funding or refunding bonds issued under the authority of this section. If such proposed plan for the funding or refunding of such bonds, notes or certificates of indebtedness be approved by the irrigation district bond commission, and said funding or refunding bonds shall be authorized as herein provided, said funding or refunding bonds shall be certified by the state controller in the manner and with the effect prescribed in an act entitled An act relating to bonds of irrigation districts, providing under what circumstances such bonds shall be legal investment for funds of banks, insurance companies and trust companies, trust funds, and any money or funds which may now or hereafter be invested in bonds of cities, counties, school districts or municipalities, and providing under what circumstances the use of bonds of irrigation districts as security for the performance of any act may be authorized, approved February 26, 1921. |
κ1935 Statutes of Nevada, Page 9 (CHAPTER 4, SB 6)κ
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or refunding bonds shall be authorized as herein provided, said funding or refunding bonds shall be certified by the state controller in the manner and with the effect prescribed in an act entitled An act relating to bonds of irrigation districts, providing under what circumstances such bonds shall be legal investment for funds of banks, insurance companies and trust companies, trust funds, and any money or funds which may now or hereafter be invested in bonds of cities, counties, school districts or municipalities, and providing under what circumstances the use of bonds of irrigation districts as security for the performance of any act may be authorized, approved February 26, 1921. Sec. 2. The act as entitled in section 1 hereof is further amended by the addition of a new section to be known as section 49 1/2b, and to read as follows: Section 49 1/2b. Any funding or refunding bonds of such local improvement district herein authorized to be issued may be sold from time to time in the same manner as other bonds of the irrigation district, or may be exchanged for outstanding bonds, notes or certificates of indebtedness of such improvement district, upon such terms and conditions as may be approved by the irrigation district bond commission. Any such outstanding bonds, notes or certificates of indebtedness so funded or refunded or exchanged shall be immediately canceled by the treasurer. Sec. 3. This act shall take effect upon its passage and approval. |
Disposal of bonds
In effect |
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[Assembly Bill No. 5Clark, Washoe, and White Pine Delegations]
Chap. 5An Act extending the time of motor vehicle registration, licensing, and payment of license fees for and during the year 1935; providing for a limitation of the act; and other matters relating thereto.
[Approved January 30, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, officer, board of commission of the State of Nevada, or of any county of said state, acting under and pursuant to and by authority of the provisions of the laws of Nevada pertaining to the registration and licensing of motor vehicles and the collecting of the license fees therefor and thereon, are hereby authorized, directed and empowered to extend the time in which motor vehicles may be registered, licensed, and the license fees therefor paid, without penalty for the year 1935, to and including the first day of March, 1935, anything to the contrary in said laws notwithstanding. |
Time extended for payment of motor vehicle license |
κ1935 Statutes of Nevada, Page 10 (CHAPTER 5, AB 5)κ
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Expires, when
In effect |
day of March, 1935, anything to the contrary in said laws notwithstanding. Sec. 2. This act shall expire by its own limitation at 12 oclock midnight the 31st day of March, 1935. Sec. 3. This act shall become effective upon its passage and approval. |
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Bond issue Pahranagat school district No. 1 |
[Assembly Bill No. 34Mr. Stewart]
Chap. 6An Act authorizing the issuance and sale of certain bonds of Pahranagat consolidated school district No. 1, Lincoln County, Nevada.
[Approved February 8, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of erecting repairing, and furnishing the present school building within and for said Pahranagat consolidated school district No. 1, and for the purpose of erecting and furnishing new buildings therein, and for the purpose of purchasing grounds on which to erect such buildings, as authorized by the electors thereof at an election held on the 29th day of June, 1931, the board of trustees of said Pahranagat consolidated school district No. 1, in the county of Lincoln, hereby declared to be the present governing board of said Pahranagat consolidated school district No. 1, is hereby authorized and empowered to issue and sell the negotiable coupon bonds of said Pahranagat consolidated school district No. 1, heretofore printed and dated July 1, 1931, in the sum of thirty thousand ($30,000) dollars, or any part thereof, consisting of sixty (60) bonds in the denomination of five hundred ($500) dollars each, dated July 1, 1931, bearing interest at the rate of six percent per annum, payable semiannually, said bonds to be due and payable according to their consecutive numbers, as follows: Bonds Nos. 1 to 9, inclusive, on the first day of January, 1934; bonds Nos. 10 to 12, inclusive, on the first day of January, 1935; bonds Nos. 13 to 15, inclusive, on the first day of January, 1936; bonds Nos. 16 to 18, inclusive, on the first day of January, 1937; bonds Nos. 19 to 21, inclusive, on the first day of January, 1938; bonds Nos. 22 to 24, inclusive, on the first day of January, 1939; bonds Nos. 25 to 27, inclusive, on the first day of January, 1940; bonds Nos. 28 to 30, inclusive, on the first day of January, 1941; bonds Nos. 31 to 33, inclusive, on the first day of January, 1942; bonds Nos. 34 to 36, inclusive, on the first day of January, 1943; bonds Nos. 37 to 39, inclusive, on the first day of January, 1944; bonds Nos. 40 to 42, inclusive, on the first day of January, 1945; bonds Nos. |
κ1935 Statutes of Nevada, Page 11 (CHAPTER 6, AB 34)κ
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day of January, 1945; bonds Nos. 43 to 45, inclusive, on the first day of January, 1946; bonds Nos. 46 to 48, inclusive, on the first day of January, 1947; bonds Nos. 49 to 51, inclusive, on the first day of January, 1948; bonds Nos. 52 to 54, inclusive, on the first day of January, 1949; bonds Nos. 55 to 57, inclusive, on the first day of January, 1950; bonds Nos. 58 to 60, inclusive, on the first day of January, 1951; the principal and interest thereon being payable in gold coin of the United States of America, at present standard, at the office of the county treasurer, in the town of Pioche, county of Lincoln, State of Nevada, provided, however, that the taxes for the payment of the principal and interest on such bonds shall be levied only on and against the taxable property, including the net proceeds of mines, within the boundaries of said Pahranagat consolidated school district No. 1. Such taxes shall be certified annually by the board of school trustees of Pahranagat consolidated school district No. 1, or such other body as may from time to time constitute the governing board of said Pahranagat consolidated school district No. 1, to the board of county commissioners of Lincoln County, Nevada, and which taxes shall be levied by said board of county commissioners on all the taxable property, including the net proceeds of mines, within said Pahranagat consolidated school district No. 1, sufficient to pay the interest on and the principal of said bonds when and as the same respectively become due. Sec. 2. All acts of the board of school trustees of Pahranagat consolidated school district No. 1, with relation to the holding of the election for the purpose of voting on the bond issue, or in any other way connected with or relating to the bonds enumerated in section 1 hereof, are hereby ratified and made valid and legal. Any and all bonds enumerated in section 1 hereof which may have been or may hereafter be sold are hereby declared to be a valid and legal and shall be a just, valid, legal and binding obligation upon the said Pahranagat consolidated school district No. 1. Sec. 3. The faith of said Pahranagat consolidated school district No. 1 is hereby pledged to the purchaser of said bonds enumerated in section 1 hereof, and said Pahranagat consolidated school district No. 1, hereby stipulates, agrees and pledges that this act shall not be repealed, revised or in anyway amended or supplemented by any succeeding session of the legislature on or before the first day of January, 1951. Sec. 4. This act shall be in full force and effect from and after the date of its passage and approval. |
Bond issue Pahranagat school district No. 1
Prior acts of board of trustees ratified
Faith of district pledged
In effect |
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κ1935 Statutes of Nevada, Page 12κ
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Minimum wage established on all public works
Penalty for violation of act |
[Senate Bill No. 16Senator Cobb]
Chap. 7An Act to amend sections 1 and 2 of an act entitled An act to fix the minimum wage rate for unskilled labor on all public buildings and public highways constructed or erected by or for the State of Nevada, and on all other public works constructed by or for the State of Nevada, or by or for any county, district, municipality, or other subdivision of the State of Nevada, or any board or commission thereof, and on all public works carried on within the State of Nevada, and also to provide for a penalty for the violation of the provisions of this act, and to repeal all acts and parts of acts in conflict herewith, approved March 6, 1933, being chapter 40, page 34, of the Statutes of Nevada 1933.
[Approved February 16, 1935]
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 chapter 40 of the 1933 Statutes of Nevada, is hereby amended to read as follows: Section 1. On all public buildings and public highways and other public works which may hereafter be erected or constructed by or for the State of Nevada, or by or for any county, district, municipality, or other subdivision of the State of Nevada, or any board or commission thereof, and on all public works carried on within the State of Nevada by any person, firm, association, company, or corporation under contract with the State of Nevada or with any county, district, municipality, or other subdivision of the State of Nevada, or with any board or commission thereof, and on all public works carried on by any contractor within the State of Nevada, and on all work and labor to be done in such erection or construction or any matter or thing incident thereto by any person, firm, association, company, or corporation under contract with the State of Nevada, unskilled labor shall be paid for at the rate of not less than five ($5) dollars per each eight-hour day, or 62 1/2’ per hour, for each male person over the age of eighteen years who shall be employed at such labor. Sec. 2. Section 2 of the above-entitled act, being chapter 40 of the 1933 Statutes of Nevada, is hereby amended to read as follows: Section 2. Any person, firm, association, company or corporation conducting or carrying on any such public work as that specified in section 1 of this act, or any portion thereof, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty ($50) dollars nor more than one hundred fifty ($150) dollars for each person so employed at such labor for less than five ($5) dollars per each eight-hour day, or at less than 62 1/2’ per hour; and each day any such person shall be so employed at such labor for less than five ($5) dollars per each eight-hour day or at less than 62 1/2’ per hour shall be and constitute a separate offense. |
κ1935 Statutes of Nevada, Page 13 (CHAPTER 7, SB 16)κ
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act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty ($50) dollars nor more than one hundred fifty ($150) dollars for each person so employed at such labor for less than five ($5) dollars per each eight-hour day, or at less than 62 1/2’ per hour; and each day any such person shall be so employed at such labor for less than five ($5) dollars per each eight-hour day or at less than 62 1/2’ per hour shall be and constitute a separate offense. Sec. 3. This act shall become effective from and after its passage and approval. |
In effect |
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[Assembly Bill No. 17Mr. Renfro]
Chap. 8An Act to amend an act entitled An act regulating the nomination of candidates for public office in the State of Nevada, approved March 23, 1917, 276, as amended.
[Approved February 16, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11 of the above-entitled act, being section 2414 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 11. Immediately upon receipt by the county clerk of the certified list of nominees from the secretary of state, as provided in the preceding section, the county clerk shall forthwith publish a notice of primary election, which notice shall be, in substance, as follows: Notice is hereby given that on the first Tuesday, the .day of September next, party primaries of the ..parties will be held for nomination of party candidates of said parties for the following offices: (Naming the offices.) At the same time and in the same primary nominations will be made of nonpartisan, judicial and school officers as follows: (Naming the offices.) The polls will open at 8 a. m. and continue open until 6 p. m. of the same day. The polling place (or places) is .(description and location of polling place). ............................................................... County Clerk. The foregoing notice shall name only the political parties in which there is a contest for nomination, and shall designate only the polling place for the respective precincts; provided, that in towns or cities which have more than one polling place the notice shall show the location and description of each. |
Notice of primary election by county clerks
Form of notice
Polling places to be named in cities |
κ1935 Statutes of Nevada, Page 14 (CHAPTER 8, AB 17)κ
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Notice to registry agents
Notice must be published in newspaper
Separate ballots for each party and nonpartisan candidates; ballot paper furnished by secretary of state
Size of ballots prescribed
Specifications as to type, etc.
Vote marked in square
Further ballot requirements |
The county clerk shall forward to each registry agent within the county three written or printed notices for each precinct or voting district, and it shall be the duty of the respective registry agents to whom such notices shall be delivered to post the same in three of the most public places in each precinct or voting district, outside of incorporated cities, at least fifteen days prior to the date of the primary. Said county clerk shall cause a notice in similar form and substance, eliminating his descriptions of the polling places, to be published in a newspaper of general circulation, published in the county, once a week for two successive weeks prior to said primary. Sec. 2. Section 12 of the above-entitled act, being section 2415 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 12. All voting at primaries shall be by ballot. A separate official ballot for each party and for nonpartisan voters shall be printed and provided for use in each precinct, but such ballots must be alike in the designation of nonpartisan candidates. It shall be the duty of the county clerk of each county to provide such official printed ballots to be used at the primary. Such official ballots shall be printed on official paper furnished by the secretary of state in the manner provided in the general election laws. The names of all candidates who have filed the prescribed declarations of acceptance of candidacy, shall be printed thereon. (a) Official primary ballots shall be not less than twelve inches wide, and enough wider to conform to the requirements of the following provisions of this section, and as long as the herein prescribed captions, headings, party designations, directions to voters, and lists of names of candidates, properly subdivided according to the several offices to be filled, may require. (b) Across the top of the ballot shall be printed in black-faced capital type, not smaller than forty-eight point, the words: Official Primary Ballot. Beneath this shall be printed in not smaller than eighteen-point type the name of the party, or Nonpartisan Ballot, and beneath this the name of the county wherein such ballot is to be used, together with the date of such primary. (c) At least three eights of an inch below the name of the county as aforesaid, and the date of the primary, shall be printed in ten-point black-faced type, double-leaded, the following: Instructions to Voters: To vote for a candidate stamp a cross (X) in the square at the right of the name of the person for whom you desire to vote, and in no other place. (d) The Instructions to Voters shall be separated from the list of candidates and the designation of the several offices for which nominations are to be made by one light and one heavy line or rule. |
κ1935 Statutes of Nevada, Page 15 (CHAPTER 8, AB 17)κ
|
offices for which nominations are to be made by one light and one heavy line or rule. (e) The names of the candidates shall be grouped according to the office for which they are candidates, and the names in each group shall be placed with the surnames first and arranged alphabetically, and each group shall be preceded by the designation of the office for which the candidates seek nomination, and the words Vote for one or Vote for two or more, according to the number to be elected to such office at the ensuing general election. Such designation of the offices for which nominations are to be made and of the number of candidates to be nominated shall be printed in heavy-faced type, not smaller than eight-point. The word or words designating the office shall be printed flush with the left-hand margin, and the words Vote for one or Vote for two or more, as the case may be, shall extend to the extreme right of the column and over the voting square. The designation of the office and the directions for voting shall be separated from the names of the candidates by a light line. (f) The names of the candidates shall appear on the ballot in heavy-faced capital type not smaller than eight-point, between lines or rules, three eighths of an inch apart. To the right of the names of the candidates shall be printed a light line or rule so as to form a voting space at least three eighths of an inch on each side. Each group of names of candidates shall be separated from the succeeding group by one light and one heavy line or rule. (g) All voting at the primary under the laws of this state shall be by ballot, and the respective tickets of all political parties shall be printed on separate ballots, and the election officers shall not deliver any ballot to any elector other than the ballot containing the ticket of the party to which he belongs, as shown by the register; provided, that ballots showing names of nonpartisan candidates only shall be furnished to voters who have registered for the primary without declaring any party affiliations. (h) Where there is no party contest for any office the name of the candidate for party nomination shall be omitted from the ballot and shall be certified by the proper officer as a nominee of his party for such office. (i) The county clerk shall determine the size and shape of the ballot in such a way as to conform to the provisions of this act, using two, three, four, or five columns as shall be most convenient. Party ballots shall have an extra heavy black vertical line between the column or columns on the left in which the names of candidates for party offices are printed and the column or columns on the right in which the names of candidates for nonpartisan offices are printed. |
Names of candidates, how grouped; surnames first
Names in type not smaller than 8-point
Voters to receive no ballot other than their own party ballot
Nonpartisan ballots
No name printed where no contest
County clerk to determine size and shape of ballot |
κ1935 Statutes of Nevada, Page 16 (CHAPTER 8, AB 17)κ
|
Nonpartisan primary ballot
Repeal In effect |
the names of candidates for nonpartisan offices are printed. (j) In addition to the party ballots provided for in this section, the county clerk shall prepare and have printed a Nonpartisan Primary Ballot, which shall be the same, except as to size thereof, as the other official primary ballots; provided, that the names of all party candidates shall be omitted therefrom. Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 4. This act shall take effect from and after its passage and approval. |
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|
May appoint two deputies
Repeal
In effect |
[Senate Bill No. 19Committee on Mines and Mining]
Chap. 9An Act to amend section 9 of An act creating the office of inspector of mines; fixing his duties and powers; providing for the appointment of a deputy and fixing the compensation of both; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines, approved March 24, 1909, as amended by acts of March 25, 1931, and March 28, 1933.
[Approved February 16, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act, being 4216 N. C. L. 1929, as amended, is hereby amended to read as follows: Section 9. The inspector of mines shall have the power to appoint two deputy inspectors, who shall each receive a salary of two hundred dollars per month as full compensation for all services. Said deputies shall be allowed traveling expenses while in the discharge of their duties. Sec. 2. All acts and parts of acts in conflict herewith are hereby expressly repealed. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
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[Senate Bill No. 28Senator Foy]
Chap. 10An Act to amend an act entitled An act in relation to the sale of state law books, approved March 25, 1931.
[Approved February 16, 1935]
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 chapter 194 of the Statutes of Nevada 1931, page 314, is hereby amended to read as follows: |
κ1935 Statutes of Nevada, Page 17 (CHAPTER 10, SB 28)κ
|
Section 1. The secretary of state is hereby authorized and directed to sell the state law books at the following prices, namely: For each volume of the Nevada Reports up to and including volume No. 50, $1; for each volume of the Nevada Reports published after volume No. 50, $4; for each volume of Nevada and Sawyers Digest (1878), 50 cents; for each volume Compiled Laws of Nevada (1861-1900), $1; Statutes of Nevada up to and including Statutes of 1929, $1; the Statutes of Nevada after 1929, $4; special session laws, 50 cents per volume; for each volume of Constitutional Debates, 1864, $1; for each set consisting of volumes 1 and 2 of Revised Laws of Nevada, 1912, $3; for volume 3, Revised Laws, $1.50; and for the Nevada Digest Annotated, 1912, by Edward T. Patrick, the same being a digest of volumes 1 to 32 of the Nevada Reports, and annotations of volumes 1 to 30 of the Nevada Reports, $1.50. Sec. 2. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 3. This act shall take effect upon its passage and approval. |
Prices to be charged for state law books
Repeal In effect |
________
|
[Assembly Bill No. 14Mr. Persson]
Chap. 11An Act to amend an act entitled An act to authorize counties of the State of Nevada to issue negotiable interest-bearing warrants for payment of salaries and other necessary expenses of the county and schools, and other matters relating thereto, approved March 20, 1933.
[Approved February 25, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 89, page 107, Statutes of Nevada 1933, is hereby amended to read as follows: Section 4. The intent and purpose of this act is to provide emergency relief to the various counties, including the schools therein, of the State of Nevada, and this act shall remain in force only to the end of the fiscal year 1936-1937; provided, that any county warrants registered in the office of the county treasurer on or before December 31, 1937, shall still be subject to the provisions of this act for payment; and provided further, that the full faith, credit and resources of such county are pledged to the payment of said warrants in such county. Sec. 2. This act shall become effective immediately upon its passage and approval. |
Act in force for fiscal years 1936 and 1937
In effect |
________
κ1935 Statutes of Nevada, Page 18κ
|
Preamble
Additional appropriation for state printing
Duties of controller and treasurer |
[Senate Bill No. 2Senator Friedhoff]
Chap. 12An Act making appropriations for several state departments of the state government, hereinafter named, for printing for the six-months period January 1, 1935, to and including June 30, 1935, and providing for the payment thereof.
[Approved February 25, 1935]
Whereas, The legislature of 1933 reduced the appropriation of the Nevada state printing office from $46,200 to $40,150 for the two-year period ending July 1, 1935, a cut of approximately thirteen percent, believing at the time such reductions could be met; and Whereas, Several departments of the state are without funds to carry out the remaining six months of the biennium; and Whereas, The apportionment was so made in 1933 that in some instances reversion of a portion of the present appropriation will be had July 1, 1935, enough, it is believed, to cover the major portion of the amount herein requested; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of the general fund of the state treasury, not otherwise appropriated, the following amounts as listed, totaling $2,000, said appropriation to be expended under the direction of the superintendent of state printing, subject to the approval of the state board of examiners: University of Nevada.................................................................................................... $800.00 Lieutenant governor.......................................................................................................... 25.00 Adjutant general.............................................................................................................. 100.00 Surveyor-general............................................................................................................... 70.00 Attorney-general............................................................................................................... 50.00 Mine inspector................................................................................................................. 100.00 Superintendent of public instruction............................................................................ 300.00 Tax commission................................................................................................................ 250.00 Superintendent of banks.................................................................................................. 80.00 Fish and game commission.............................................................................................. 75.00 State engineer................................................................................................................... 100.00 Public service commission............................................................................................... 50.00
$2,000.00 Sec. 2. The state controller is hereby directed to draw warrants in favor of the departments mentioned herein from time to time as deemed necessary by the superintendent of state printing, subject to the approval of the state board of examiners, and the state treasurer is hereby directed to pay the same. |
κ1935 Statutes of Nevada, Page 19 (CHAPTER 12, SB 2)κ
|
Sec. 3. This act shall be in force and effect immediately upon its passage and approval. |
In effect |
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|
[Assembly Substitute for Assembly Bill No. 8Committee on Judiciary]
Chap. 13An Act to amend an act entitled An act concerning district attorneys, approved March 11, 1865.
[Approved February 25, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7 of the above-entitled act, being section 2076 N. C. L. 1929, is hereby amended to read as follows: Section 7. The district attorney shall draw all indictments, when required by the grand jury; shall defend all suits brought against his county; shall prosecute all recognizances forfeited in the district court and all actions for the recovery of debts, fines, penalties and forfeitures accruing to his county; he shall also draw all legal papers and transact the legal business of the school districts within his county, and such other legal duties as may be required of him by the school trustees of the school districts within his county; and he shall also perform such other duties as may be required of him by law. Sec. 2. This act shall take effect from and after its passage and approval. |
Duties of district attorney
In effect |
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|
[Senate Bill No. 5Senator Marsh]
Chap. 14An Act relating to securities pledged with the state treasurer by building and loan associations, and companies and similar associations and companies, and providing for the return of such securities in certain cases.
[Approved February 25, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever any building and loan association or company, or similar association or company, having deposited securities with the state treasurer of Nevada pursuant to any law of this state then or theretofore in effect, has been placed in the hands of a receiver or has been taken over for the purpose of liquidation by the properly authorized official or officials of the state wherein is located the legal domicile of such association or company, and when such receiver or state official or officials, having so taken possession of such association or company, is prepared and has agreed to release to the Nevada investors in the shares or certificates of such association or company a dividend or dividends in liquidation which is or which are in excess of the true value of such pledged security, at that time, as determined by the said state treasurer and the superintendent of banks of this state, then the said state treasurer may and he is hereby authorized to release to such receiver or such official or officials all of the security so pledged by such association or company. |
State treasurer may release building and loan securities, when |
κ1935 Statutes of Nevada, Page 20 (CHAPTER 14, SB 5)κ
|
Repeal In effect |
of such association or company, and when such receiver or state official or officials, having so taken possession of such association or company, is prepared and has agreed to release to the Nevada investors in the shares or certificates of such association or company a dividend or dividends in liquidation which is or which are in excess of the true value of such pledged security, at that time, as determined by the said state treasurer and the superintendent of banks of this state, then the said state treasurer may and he is hereby authorized to release to such receiver or such official or officials all of the security so pledged by such association or company. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall be effective immediately upon its passage and approval. |
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Nevada Heroes Memorial Building
In effect |
[Assembly Bill No. 26Mr. Rochon]
Chap. 15An Act to amend an act entitled An act to provide for distinctive and appropriate marking of the Nevada heroes memorial building and making an appropriation therefor, and matters properly relating thereto, approved March 20, 1923.
[Approved February 27, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act, as the same appears at page 281, Statutes of Nevada 1923, is hereby amended so as to read as follows: Section 1. The governor, the adjutant general, and the state controller are hereby constituted a board to arrange for distinctive and appropriate marking of the Nevada heroes memorial building by placing on the front of said building the following inscription: Nevada Heroes Memorial Building. Sec. 2. This act shall be in full force and effect from and after its passage and approval. |
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κ1935 Statutes of Nevada, Page 21κ
|
[Assembly Bill No. 21Mr. Newton]
Chap. 16An Act making a supplemental appropriation for the support of certain offices, departments and commissions of the government of the State of Nevada for the biennium beginning July 1, 1933, and ending June 30, 1935.
[Approved February 28, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following additional sums are hereby appropriated from the general fund, for the purposes hereinafter expressed, for the fiscal year ending June 30, 1935: For the salary and traveling expenses of the lieutenant governor.................. $1,695.00 For the support of the consolidated offices of superintendent of banks, state auditor and Nevada tax commission........................................................................... 1,000.00 For the support of the adjutant general and Nevada national guard............. 900.00 For the support of the labor commissioner......................................................... 300.00 For the support of the state free employment service...................................... 300.00 For insuring cash and securities in the office of the state treasurer............... 1,250.00 For repairs to the governors mansion immediately needed............................ 2,500.00 For the salary and traveling expenses of acting governor W. F. Dressler..... 72.00 Sec. 2. This act shall take effect upon its passage and approval. |
Additional appropriations provided for certain departments
In effect |
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κ1935 Statutes of Nevada, Page 22κ
|
Preamble
County commissioners authorized to issue bonds |
[Assembly Bill No. 83Washoe County Delegation]
Chap. 17An Act to authorize the board of county commissioners of the county of Washoe, State of Nevada, to aid in the acquisition and construction of works and improvements for up-stream storage of waters of the Truckee river system; to provide for the issuance of noninterest-bearing bonds of said county of Washoe and for the delivery of such bonds to Washoe County water conservation district, for the purpose of assisting in the financing of the cost of such acquisition and construction; to provide for the levy and collection of taxes for the payment of said bonds; to authorize the county of Washoe, acting by and through its board of county commissioners, to enter into contracts with respect thereto; and declaring this act independent of and not subject to any other act of the legislature of the State of Nevada relating to bond issues.
[Approved February 28, 1935]
Whereas, Washoe County water conservation district (a legally organized irrigation district under the laws of the State of Nevada) proposes to enter into a contract or contracts for the acquisition and construction of works and improvements for up-stream storage of waters of the Truckee river system consisting of a reservoir or reservoirs, controlling works, dams, canals, conduits, rights of way and other works and properties necessary or incidental thereto, or for the payment of moneys required to be paid in connection therewith; and Whereas, The acquisition and construction of such works and improvements will be of great benefit to the county of Washoe and the public thereof and will tend to prevent overflow of the waters of the Truckee river and its tributaries and damage to lands and property of the county of Washoe resulting from such overflow, and will improve sanitary conditions in, and in the vicinity of, said Truckee river system within the county of Washoe and otherwise benefit said county and the inhabitants thereof; now, therefore,
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 Washoe, State of Nevada, is hereby authorized to aid in the manner hereinafter set forth in the acquisition and construction of said works and improvements for up-stream storage of waters of the Truckee river system, and to that end said board of county commissioners is hereby authorized and empowered to issue noninterest-bearing bonds of said county in the aggregate principal amount of $500,000, and to deliver the same to Washoe County water conservation district, in the manner and subject to the conditions hereinafter set forth. |
κ1935 Statutes of Nevada, Page 23 (CHAPTER 17, AB 83)κ
|
conservation district, in the manner and subject to the conditions hereinafter set forth. Sec. 2. Said bonds shall consist of thirty-seven bonds, numbered consecutively from 1 to 37, inclusive. Bonds numbered 1 to 36, inclusive, shall each be of the denomination of $13,500 and bond numbered 37 shall be of the denomination of $14,000. Said bonds shall bear no interest and shall mature and be paid in numerical order beginning with bond number 1. One of said bonds shall mature and be payable each and every year commencing three years after the date of said bonds until all of said bonds shall be paid and redeemed. All of said bonds shall be payable to said Washoe County water conservation district, or order, in lawful money of the United States. Each of said bonds shall state on its face that it is issued under and pursuant to the authority granted by this act, specifying the title of the same. Sec. 3. Immediately after the adoption and approval of this act said board of county commissioners shall by resolution prescribe the form and date of said bonds and shall cause the same to be printed and prepared for execution, and said bonds shall be signed by the chairman and clerk of said board of county commissioners and by the county treasurer of the county of Washoe, and authenticated by the official seal of said county, and delivered to the county treasurer for safe-keeping. Said county treasurer shall, upon written request of said Washoe County water conservation district made at any time within two years after the effective date of this act, deliver said bonds, without payment or charge, to said district for the purposes herein specified; provided, however, that prior to the time of delivery of said bonds to said district, said district shall have entered into a contract or contracts with the United States, an agency of the United States, or other corporation (public or private), for the acquisition and construction of said works and improvements for up-stream storage of waters of the Truckee river system, or for the payment of moneys required to be paid in connection therewith; and provided further, that all amounts collected by or paid to said Washoe County water conservation district under said bonds, and all proceeds thereof shall be used by said district for the purpose aforesaid, and for no other purpose. If within two years after the effective date of this act said contract shall not have been entered into and said request for the delivery of said bonds made by said district, said bonds shall be forthwith canceled and destroyed by said county treasurer. Sec. 4. For the purpose of creating a fund for the payment and redemption of said bonds, said board of county commissioners of said county of Washoe shall levy and collect annually, commencing with the calendar year next preceding the calendar year in which bond number 1 of said issue shall mature, and each year thereafter, an ad valorem tax on all taxable property within said county sufficient to pay and redeem the bond maturing the next succeeding year. |
Bonds to bear no interest; denomination; maturity
Further duties of board of county commissioners
Duties of county treasurer
Proviso
Bonds to be canceled, if and when |
κ1935 Statutes of Nevada, Page 24 (CHAPTER 17, AB 83)κ
|
Tax for redemption of bonds
Washoe County empowered to enter into certain contracts
Act independent
Invalidity of one section not to affect others
In effect |
commissioners of said county of Washoe shall levy and collect annually, commencing with the calendar year next preceding the calendar year in which bond number 1 of said issue shall mature, and each year thereafter, an ad valorem tax on all taxable property within said county sufficient to pay and redeem the bond maturing the next succeeding year. Said taxes shall be levied and collected in the same manner as general county taxes, and when collected shall be paid into a special fund known as the Truckee River Storage Fund, and shall be used exclusively for the purpose of paying and redeeming said bonds. Sec. 5. The county of Washoe, acting by and through its board of county commissioners, is hereby authorized and empowered to enter into such contracts with said Washoe County water conservation district, or such party or parties as may by either of them be deemed advisable, relating to the financial participation by said county in the costs of said work and improvements for up-stream storage of waters of the Truckee river system. Sec. 6. This act shall be construed as independent of and not in any manner subject to the provisions of the act of the legislature of the State of Nevada entitled An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 20, 1933, or of any other act or acts of said legislature relating to bond issues. Sec. 7. If any section, paragraph, sentence, clause or phrase of this act shall for any reason be held unconstitutional or void, the same shall not affect the validity of any other portion of this act; and the legislature of the State of Nevada hereby declares that it would have passed this act and each section, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases be declared unconstitutional or void for any reason. Sec. 8. This act shall take effect upon its passage and approval. |
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Additional legislative appropriation |
[Senate Bill No. 95Senator Friedhoff]
Chap. 18An Act to create an additional legislative fund.
[Approved March 1, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, an additional sum of twenty-five thousand dollars ($25,000), which shall constitute an additional legislative fund. |
κ1935 Statutes of Nevada, Page 25 (CHAPTER 18, SB 95)κ
|
respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, an additional sum of twenty-five thousand dollars ($25,000), which shall constitute an additional legislative fund. Sec. 2. The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowance, compensation and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay the same. Sec. 3. All moneys remaining in said fund at the adjournment of the legislature shall revert to the general fund. Sec. 4. This act shall be in full force and effect immediately on its passage and approval. |
Duties of controller and treasurer
Residue to revert
In effect |
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[Senate Bill No. 17Senator Marsh]
Chap. 19An Act to amend section 1 of an act entitled An act relating to the sale, by the county commissioners of the various counties of this state, of patented mining claims which have, or may hereafter, become the property of any county of this state through the operation of the revenue laws of this state, approved March 6, 1933.
[Approved March 2, 1935]
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 chapter 44, page 40, of the 1933 Statutes of Nevada, is hereby amended to read as follows: Section 1. Whenever any person shall present to and file with the county commissioners of the proper county an affidavit and petition showing that he is a citizen of the United States; that there is belonging to said county as shown by the official records thereof a patented mining claim or claims, sufficiently identifying the same, which have become the property of said county through operation of the revenue laws of this state; the amount of the tax and penalties and costs, if any, for which said claim or claims became the property of said county; that it is his bona fide intention to explore and develop said claim or claims, not as agent for any person, company, association, partnership, firm, or corporation, but solely for his own use and benefit, the said county commissioners shall contract respecting said claim, or claims, as follows: |
Application to explore patented mining claims belonging to county |
κ1935 Statutes of Nevada, Page 26 (CHAPTER 19, SB 17)κ
|
Permit granted; conditions
Repeal
In effect |
By an order appearing in its minutes give to such petitioner permission to enter upon, not to exceed two, of any such claims and explore the same for valuable minerals for a period of six months without any charge therefor; provided, no ore or valuable mineral, in excess of five hundred (500) pounds, shall be removed from any mining claim or claims until title thereto shall have been acquired by said citizen as is hereinafter provided. At the expiration of six months, or sooner, if said petitioner so desires, said county commissioners shall make and execute a deed conveying the title of such county to such claim or claims, not exceeding two, to said original petitioner for the sum for which said property became the property of the county. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective immediately upon its passage and approval. |
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Summons, how served |
[Senate Bill No. 24Senator Robbins]
Chap. 20An Act to amend an act entitled An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 2, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 81 of the above-entitled act, the same being section 8579 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 81. The summons must be served by delivering a copy thereof attached to a certified copy of the complaint as follows: 1. If the suit is against a corporation formed under the laws of this state; to the president or other head of the corporation, secretary, cashier, managing agent, or resident agent thereof. 2. If the suit is against a foreign corporation, or a nonresident joint-stock company or association, doing business and having a managing or business agent, cashier, or secretary within this state; to such agent, cashier, or secretary, or to an agent designated in section 82; or in the event no such agent is designated as provided in section 82, to the secretary of state or the deputy secretary of state, as provided in section 83. 3. If against a minor, under the age of fourteen years, residing within this state, to such minor, personally, and also to his father, mother, or guardian; or if there be none within this state, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed. |
κ1935 Statutes of Nevada, Page 27 (CHAPTER 20, SB 24)κ
|
to his father, mother, or guardian; or if there be none within this state, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed. 4. If against a person residing within this state who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such person, and also to his guardian. 5. If against a county, city, or town, to the chairman of the board of commissioners, president of the council or trustees, mayor of the city, or other head of the legislative department thereof. 6. In all other cases to the defendant personally. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 3. This act shall take effect immediately from and after its passage and approval. |
Summons, how served
Repeal
In effect |
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[Assembly Bill No. 161Mr. Newton]
Chap. 21An Act to amend an act entitled An act authorizing educational district No. 1, Clark County, Nevada, to sell certain school property to the United States, approved March 20, 1933.
[Approved March 7, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act is hereby amended to read as follows: Section 3. Upon receipt of the proceeds of the sale of said property it shall be deposited with the county treasurer of the county of Clark, and a special account shall be kept by the secretary of said board of education covering said special account, and it shall be disbursed as ordered by said board of education in the following manner: (a) To the usual and necessary expenses of sale, including any expenses of perfecting the title to said land, recording fees, revenue stamps, expense of the required evidence of title, attorneys fees and court costs. (b) A sum not less than fifteen thousand ($15,000) dollars to be used in payment of the erection of a school building at Logandale, Nevada, in said educational district number one. (c) The balance remaining after deductions under (a) and (b) of this section may be used by said board of education for repairs, additions, betterments or improvements of the permanent school properly now owned by said educational district No. 1, or by order of said board of education any balance remaining may be used in payment of outstanding bonds or special claim or indebtedness of said district. |
Disbursements of proceeds |
κ1935 Statutes of Nevada, Page 28 (CHAPTER 21, AB 161)κ
|
Repeal
In effect |
balance remaining may be used in payment of outstanding bonds or special claim or indebtedness of said district. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective immediately upon its passage and approval. |
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Penalty for removing landmarks
Repeal
In effect |
[Assembly Bill No. 54Messrs. Boak and Fogliani]
Chap. 22An Act to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, together with the acts amendatory thereof or supplemental thereto.
[Approved March 7, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 411 of the above-entitled act, being section 10363 N. C. L. 1929, is hereby amended to read as follows: Section 411. Every person who shall willfully or maliciously remove any monument of stone, wood, or other durable material, erected for the purpose of designating the corner, or any other point, in the boundary of any lot or tract of land, mining claim or claims, or any post or stake fixed or driven in the ground, for the purpose of designating a point in the boundary of any lot or tract of land, mining claim or claims, or alter the marks upon any tree, post or other monument, made for the purpose of designating any point, course or line, in the boundary of any lot or tract of land, mining claim or claims, or shall cut down or remove any tree upon which any such marks shall be made for such purpose, with the intent to destroy such marks, shall, upon conviction, be adjudged guilty of a misdemeanor, and punished by fine of not more than five hundred ($500) dollars, or imprisonment in the county jail for not more than six months. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall take effect immediately after its passage and approval. |
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κ1935 Statutes of Nevada, Page 29κ
|
[Assembly Bill No. 35Mr. Goodwin]
Chap. 23An Act to amend section 1 of an act entitled An act regulating and fixing the fees to be charged and collected by the justice of the peace of Reno township, and repealing all acts or parts of acts in conflict herewith, approved March 22, 1921, and being chapter 170, Statutes of Nevada 1921.
[Approved March 7, 1935]
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 chapter 170, Statutes of Nevada 1921, is hereby amended to read as follows: Section 1. The justice of the peace of Reno township shall be allowed to charge, and to collect, the following fees: On the commencement of any action or proceeding in the justices court, Reno township, to be paid by the party commencing such action or proceeding, five dollars; provided, that the fee for the preparation and filing of an affidavit in an action instituted under section 9364 et seq., Nevada Compiled Laws 1929, shall be one dollar. On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of the appearance, if the appearance or answer be oral, two dollars; for every additional defendant, appearing separately, one dollar; provided, that no fee shall be charged where a defendant or defendants appear in response to an affidavit executed under Nevada Compiled Laws 1929, section 9365 et seq. For entering judgment by default or confession, one dollar. For issuing commission to take testimony, one dollar. The foregoing fees shall be in full for all services rendered by said justice of the peace in the case, to and including entering satisfaction of or credit on judgment. For filing a notice of appeal, and appeal bonds, each, one dollar; provided, however, but one charge shall be made if both papers are filed at the same time. For issuing supersedeas to an execution, one dollar. For making up and transmitting transcript and papers on appeal, five dollars. For taking depositions, per folio, thirty-five cents. For taking acknowledgments of any instrument, fifty cents. For taking any affidavit, except in criminal cases, fifty cents. |
Fees of justice of peace of Reno township |
κ1935 Statutes of Nevada, Page 30 (CHAPTER 23, AB 35)κ
|
Repeal
In effect |
For celebrating marriage and returning certificate to recorder, five dollars. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 3. This act shall become effective immediately upon its passage and approval. |
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|
Guideboards; style of board
Highway department to erect markers and signs |
[Assembly Bill No. 91Mr. Boak]
Chap. 24An Act to amend an act entitled An act to provide for the erection of guideboards on public roads and highways, approved February 21, 1879.
[Approved March 7, 1935]
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 5422 N. C. L. 1929, is hereby amended to read as follows: Section 1. It is hereby made the duty of the board of county commissioners in each county of this state, within six months from and after the passage of this act, to cause to be put up, and to be thereafter kept up, at each crossing or forks of any county roads in such county, a guideboard, having thereon an index or pointer, and the words to (naming the place or first point of any importance on such road, and in remote desert and mountain areas, to the nearest water, and the number of miles, as near as may be, thereto) miles. Such number of guideboards shall be put up and so placed at all such points as to enable travelers to readily understand therefrom the road they wish to travel in order to arrive at the desired destination, or to find such water. Sec. 2. Section 2 of the above-entitled act, being section 5443 N. C. L. 1929, is hereby amended to read as follows: Section 2. It shall be the duty of the Nevada state highway department, from and after the passage of this act, to cause to be put up, and to be thereafter kept up, on and along the state highways of Nevada, all such usual and necessary road markers and highway signs as have been adopted or shall hereafter, from time to time, be adopted by the American association of state highway officials. It shall further be the duty of the Nevada state highway department to cause to be put up, and to be thereafter kept up, informative signs, distinctive in color and design, pointing out, calling attention to, and descriptive of nearby points, location, and distance to water, and objects of natural, scenic, geographical, geological, paleographical, and historical interest to the traveler within or passing through the State of Nevada. |
κ1935 Statutes of Nevada, Page 31 (CHAPTER 24, AB 91)κ
|
geographical, geological, paleographical, and historical interest to the traveler within or passing through the State of Nevada. Sec. 3. Section 3 of the above-entitled act, being section 5444 N. C. L. 1929, is hereby amended to read as follows: Section 3. Any person or persons, who shall willfully tear down, dig up, or in any manner deface, destroy or carry away any such guideboards, road marker, highway, or descriptive signs as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars, or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment. Sec. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 5. This act shall take effect from and after its passage and approval. |
Misdemeanor to deface guideboard
Repeal
In effect |
________
|
[Senate Bill No. 49Senator Marsh]
Chap. 25An Act requiring the boards of county commissioners of the several counties of this state, and all officers having to do with the assessment of property and the collection of taxes in each of the counties of this state to prepare, assemble, and deliver to the attorney-general of the State of Nevada, all data relating to assessment or taxation of corporations in their respective counties which may be required by the attorney-general to properly prepare the defense to certain actions now pending in the federal court for the recovery of taxes paid under protest to the State of Nevada; and authorizing and directing them to provide funds in an amount sufficient to carry out and meet the requirements of this act, and other matters properly connected therewith.
[Approved March 7, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The boards of county commissioners of the several counties of this state, and all officers having to do with the assessment of property and the collection of taxes in each of the counties of this state shall, and they are hereby directed to, prepare, assemble, and deliver to the attorney-general of Nevada all data relating to the assessment or taxation of corporations in their respective counties which may be required by the attorney-general to properly prepare the defense to certain actions now pending in the district court of the United States of America, in and for the district of Nevada, for the recovery of taxes paid under protest to the State of Nevada by the Southern Pacific railway company, the Central Pacific railway company, the Nevada Northern railway company, the Sierra Pacific power company, and the Western Pacific railway company. |
County commissioners to furnish data to attorney-general |
κ1935 Statutes of Nevada, Page 32 (CHAPTER 25, SB 49)κ
|
Expense charge against county
Repeal In effect |
may be required by the attorney-general to properly prepare the defense to certain actions now pending in the district court of the United States of America, in and for the district of Nevada, for the recovery of taxes paid under protest to the State of Nevada by the Southern Pacific railway company, the Central Pacific railway company, the Nevada Northern railway company, the Sierra Pacific power company, and the Western Pacific railway company. Sec. 2. The boards of county commissioners of the several counties of this state, and all officers having to do with the assessment of property and the collection of taxes in each of the counties of this state shall, and they are hereby empowered and authorized to, provide funds in an amount sufficient to carry out and meet the requirements of this act. Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 4. This act shall take effect immediately upon its passage and approval. |
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Trains limited to seventy cars
Exception
Penalty for violation |
[Senate Bill No. 4Senator Foy]
Chap. 26An Act to promote the public safety and the safety of travelers upon railroads and the safety of railroad employees by limiting the number of cars that may be operated in trains operated on railroads in the State of Nevada; providing a penalty for the violation thereof and for the recovery of such penalty by suit; providing certain exceptions in the act; and other matters properly connected therewith.
[Approved March 11, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person, firm, association, company, or corporation, or any receiver of any railroad company operating any railroad in the State of Nevada, to operate, or cause to be operated, or permit to be operated over his, their, or its line of railroad, or any portion thereof, any train of cars consisting of more than seventy freight or other cars, exclusive of caboose. Sec. 2. Nothing in this act shall be construed to apply to the operation of any of the trains mentioned in this act in the event of disablement, breakdown, or mechanical failure of the motive power of any such trains between freight division terminals. Sec. 3. Any person, firm, association, company, or corporation, or any receiver of any railroad company, who or which shall violate any of the provisions of this act, shall be liable to the State of Nevada for a penalty of five hundred dollars ($500) for each offense; and such penalty shall be recovered in suit brought therefor in the name of the State of Nevada by the attorney-general or, under his direction, by the district attorney of the proper county, in a court of competent jurisdiction in any county of the state in or through which the line of the railroad upon which it is alleged there was operated a train or trains in violation of this act may run or be operated. |
κ1935 Statutes of Nevada, Page 33 (CHAPTER 26, SB 4)κ
|
dollars ($500) for each offense; and such penalty shall be recovered in suit brought therefor in the name of the State of Nevada by the attorney-general or, under his direction, by the district attorney of the proper county, in a court of competent jurisdiction in any county of the state in or through which the line of the railroad upon which it is alleged there was operated a train or trains in violation of this act may run or be operated. Sec. 4. This act shall take effect sixty days after its passage and approval. |
In effect |
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|
[Assembly Bill No. 72Mr. Conwell]
Chap. 27An Act for the relief of George H. Carter.
[Approved March 12, 1935]
Whereas, George H. Carter was a candidate at the last general election held in Nevada on November 6, 1934, for the office of assemblyman from Eureka County and was, by the fact of the returns, apparently elected to said office in said county; and Whereas, The said George H. Carter was given a certificate of election by the county clerk of Eureka County and duly presented his credentials to the assembly upon the convening thereof on the 21st day of January, 1935, at Carson City; and Whereas, A contest for George H. Carters seat in the assembly was instituted by J. R. (Nolan) Reynolds of Eureka County; and Whereas, The contention of the said J. R. (Nolan) Reynolds was upheld by the assembly of the State of Nevada, thereby unseating the said George H. Carter and giving his seat to the said J. R. (Nolan) Reynolds; and Whereas, The said George H. Carter has expended the sum of seventy-nine dollars and eighty cents ($79.80) for mileage in good faith and upon the assumption that he was a duly elected and qualified assemblyman from Eureka County; and Whereas, There is no adequate provision made by the legislature of the State of Nevada for the reimbursement of such sum to the said George H. Carter; and Whereas, The sum of seventy-nine dollars and eighty cents ($79.80) is a just claim against the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That the sum of seventy-nine dollars and eighty cents ($79.80) is hereby appropriated from the general fund of the State of Nevada in payment of the said claim of George H. Carter, |
Relief of George H. Carter
Appropriation, $79.80 |
κ1935 Statutes of Nevada, Page 34 (CHAPTER 27, AB 72)κ
|
In effect |
claim of George H. Carter, and the state controller is hereby directed to draw his warrant in favor of the said George H. Carter in said amount, and the state treasurer is directed to pay the same from the said appropriation. Sec. 2. This act shall take effect from and after its passage and approval. |
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|
When not recorded void as against whom
Repeal
In effect |
[Assembly Bill No. 70Mr. Renfro]
Chap. 28An Act to amend an act entitled An act concerning conveyances, approved November 5, 1861, together with the acts amendatory thereof or supplemental thereto.
[Approved March 12, 1935]
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, being section 1498 N. C. L. 1929, is hereby amended to read as follows: Section 26. Every conveyance of real estate within this state hereafter made, which shall not be recorded as provided in this act, shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real estate, or any portion thereof, where his own conveyance shall be first duly recorded. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after its passage and approval. |
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Destruction of unused motor vehicle plates |
[Assembly Bill No. 3Mr. Rochon]
Chap. 29An Act to provide for the destroying of unused, unsold and confiscated motor vehicle license plates, and other matters properly connected therewith.
[Approved March 12, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The head or heads of departments issuing motor vehicle license plates under any motor vehicle licensing or registration law of this state shall, annually, destroy all unused, unsold and confiscated motor vehicle license plates of the previous years issue that remain unused, unsold or confiscated on the 31st day of December of each calendar year; provided, such license plates shall not be destroyed until counted and checked by the state auditor and the number thereof credited to said department or departments by such auditor. |
κ1935 Statutes of Nevada, Page 35 (CHAPTER 29, AB 3)κ
|
of the previous years issue that remain unused, unsold or confiscated on the 31st day of December of each calendar year; provided, such license plates shall not be destroyed until counted and checked by the state auditor and the number thereof credited to said department or departments by such auditor. Sec. 2. This act shall be effective upon its passage and approval. |
In effect |
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|
[Assembly Bill No. 113Mr. Cline]
Chap. 30An Act reserving to the State of Nevada rights of way for state highway purposes over state-owned lands.
[Approved March 12, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. All lots, tracts, parcels, plots, or subdivisions of state lands that may hereafter be sold, or contracted for sale, by the state land register and upon, over and across which there shall have been surveyed a definitely designated or a proposed state highway, shall be sold, or contracted for sale, with a right of way thereover reserved to the State of Nevada for such highway of two hundred feet in width; provided, that after such land or lands shall be sold, any such highway shall not be constructed and the plan for the construction thereof be abandoned, or if such highway, after construction, shall be abandoned by proper state authority according to law, all the right, title and interest of the State of Nevada in and to said right of way, herein reserved, shall revert to and become the property of the purchaser of such land or lands, his assigns, or successors in interest. Sec. 2. This act shall take effect from and after its passage and approval. |
Rights of way reserved to state under certain conditions
In effect |
________
κ1935 Statutes of Nevada, Page 36κ
|
Game fish designated
Limit of catfish
In effect |
[Senate Bill No. 66Senator Sawyer]
Chap. 31An Act to amend an act entitled An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase and disposition of wild animals, wild birds and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the closing, opening and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith, approved March 29, 1929, as amended.
[Approved March 12, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-entitled act is hereby amended to read as follows: Section 3. The words game fish, wherever used in this act, shall be held to mean and include river trout, rainbow trout, lake trout, brook trout, white fish, landlocked salmon, royal chinook salmon, perch, bass and catfish; provided, that in all counties in this state in which there were cast at the last preceding biennial or general election two thousand two hundred and sixty-six (2,266) votes for representative in Congress, catfish shall not be deemed to be included in the term game fish. Sec. 2. The above-entitled act is hereby further amended by adding thereto a new section to be known as section 39 1/2 thereof, which section shall read as follows: Section 39 1/2. It shall be unlawful for any person to take, catch or kill, or have in his, her or their possession on any one calendar day more than fifty catfish, regardless of weight. Sec. 3. This act shall become effective from and after its passage and approval. |
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κ1935 Statutes of Nevada, Page 37κ
|
[Assembly Bill No. 46Mr. Sherwood]
Chap. 32An Act to amend an act entitled 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 the penalties for the violations of this act, and other matters properly relating thereto, approved March 29, 1919, 370.
[Approved March 12, 1935]
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 6170 N. C. L. 1929, is hereby amended to read 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, the period of eight hours employment mentioned in this act shall commence from the time the employee takes charge of any equipment of the employer or acts as assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work; and provided further, 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, or to work done directly by any public utility company pursuant to order of the public service commission or other public authority. |
Eight-hour day for all employees on public works
When employment begins
Exceptions defined |
κ1935 Statutes of Nevada, Page 38 (CHAPTER 32, AB 46)κ
|
Repeal
In effect |
to deputy sheriffs or jailers, or to work done directly by any public utility company pursuant to order of the public service commission or other public authority. Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after its passage and approval. |
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What teachers eligible for retirement salary
Proviso |
[Assembly Bill No. 61Mr. Riddell]
Chap. 33An 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, together with the acts amendatory thereof or supplemental thereto.
[Approved March 12, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 12 of the above-entitled act, being section 6014 N. C. L. 1929, is hereby amended to read as follows: Section 12. Every public school teacher who shall have complied with all the requirements of this act, and who shall have served as a legally qualified teacher in the public schools, or as a teacher in the state orphans home, or as a teacher in county normal schools, or partly as such teacher and partly as superintendent or supervising executive or educational administrator, for at least thirty school years, at least fifteen of which shall have been in the schools of this state as above specified, including the last ten years of service immediately preceding retirement, under a legal certificate, shall be entitled to retire; or, if physically or mentally incapacitated for the proper performance of the duties of teacher, may be compelled to retire by the board of education, school trustees, or other school authorities employing such teacher. Upon retirement, voluntary or involuntary, such teacher shall be entitled to receive during life an annual retirement salary of six hundred dollars, payable in installments monthly by warrant drawn as provided in section seven of this act; provided, that application for such salary be made within two years after the last month of service or within two years after the approval of this act. Sec. 2. Section 13 of the above-entitled act, being section 6015 N. C. L. 1929, is hereby amended to read as follows: Section 13. Any public school teacher who shall have complied with all the requirements of this act and who shall have served as a legally qualified teacher for at least fifteen years in the public schools of this state, or as a teacher in the state orphans home, or as a teacher in county normal schools, or partly as such teacher and partly as superintendent or supervising executive or educational administrator, and who shall have by reason of bodily or mental infirmity become physically or mentally incapacitated for further school service, under a legal certificate, shall be entitled to retire, or may, by the board of education, school trustees, or other school authorities employing such teacher, be compelled to retire. |
κ1935 Statutes of Nevada, Page 39 (CHAPTER 33, AB 61)κ
|
have served as a legally qualified teacher for at least fifteen years in the public schools of this state, or as a teacher in the state orphans home, or as a teacher in county normal schools, or partly as such teacher and partly as superintendent or supervising executive or educational administrator, and who shall have by reason of bodily or mental infirmity become physically or mentally incapacitated for further school service, under a legal certificate, shall be entitled to retire, or may, by the board of education, school trustees, or other school authorities employing such teacher, be compelled to retire. Upon retirement, voluntary or involuntary, such teacher shall be entitled to receive during the period of such disability an annual retirement salary, payable in installments monthly, which shall be the same fraction of the maximum retirement salary of six hundred dollars as said teachers time of service is of thirty years; provided, that application for such retirement salary shall be made within two years of the last month of service or within two years after the approval of this act. Sec. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall become effective from and after its passage and approval. |
Disabled teachers may retire on certain proportion of retirement salary
Proviso
Repeal
In effect |
________
|
[Assembly Bill No. 106Committee on Education]
Chap. 34An Act to amend an act entitled An act to provide books, equipment, and materials free of charge to the pupils of the public schools and to provide for and encourage the economic use thereof, and fixing penalties for its infraction, and repealing an act in conflict herewith, approved March 14, 1913, as amended.
[Approved March 12, 1935]
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 5895 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 1. The board of trustees of each school district shall purchase all new text and supplementary school books, to be used by the pupils of such district, and the cost of the same shall be a legal charge against the county school fund belonging to such district. Such boards, at their option, may purchase, or may require parents and guardians to purchase, paper, pencils, pens, crayons, and other such consumable supplies to be used by the pupils, which cannot, like textbooks, be used by successive pupils and classes. |
Trustees to furnish textbooks
Duties of parents |
κ1935 Statutes of Nevada, Page 40 (CHAPTER 34, AB 106)κ
|
Repeal
In Effect |
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective immediately upon its passage and approval. |
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School officers to administer oaths
Repeal
In Effect |
[Assembly Bill No. 107Committee on Education]
Chap. 35An Act to amend an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911, as amended.
[Approved March 12, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 37 of the above-entitled act, being section 5685 N. C. L. 1929, is hereby amended to read as follows: Section 37. The superintendent of public instruction and the deputy superintendents of public instruction are hereby authorized to administer the oath (or affirmation) to teachers, and all other oaths, affirmations, or affidavits relating to public schools; provided, that county high school principals and city superintendents may administer all oaths of office, affirmations and affidavits relating to the public schools of their own districts. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective immediately upon its passage and approval. |
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κ1935 Statutes of Nevada, Page 41κ
|
[Assembly Bill No. 190Clark County Delegation]
Chap. 36An Act to amend an act entitled An act to amend an act entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended, by amending section 4 of chapter I thereof; section 10 of chapter II, as amended, thereof; section 20 of chapter II thereof; section 21 of chapter II thereof; section 31 of chapter II, as amended, thereof; section 53 of chapter II thereof; and section 76 of chapter II thereof, together with all other acts amendatory thereof or supplemental thereto.
[Approved March 13, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of chapter I of the above-entitled act is hereby amended to read as follows: Section 4. Additional Powers. The said city shall have and be vested with all the rights, powers, property, and things of every kind now belonging to the town of Las Vegas, and may have and use a common seal and the same alter at pleasure, and may purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit; and may purchase, receive, hold and acquire, manage and enjoy, operate and maintain, municipal water works and municipal power plants, electrical or otherwise, or other public utility; and may determine and declare what are public uses, for the purpose of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever, necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust. Sec. 2. Section 10 of chapter II, as amended, of the above-entitled act is hereby amended to read as follows: Section 10. Mayor, Commissioners and Clerk-Salary of. The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of one hundred eighty dollars ($180) per annum; each of the city commissioners shall receive the sum of one hundred twenty dollars ($120) per annum; the city clerk shall receive the sum of twenty-four hundred dollars ($2,400) per annum. |
Powers of city
Mayor and commissioners, salary of |
κ1935 Statutes of Nevada, Page 42 (CHAPTER 36, AB 190)κ
|
Ordinances
Rules of procedure
Powers of board of commissioners |
annum; the city clerk shall receive the sum of twenty-four hundred dollars ($2,400) per annum. All salaries named in this section shall be payable in equal monthly installments. Sec. 3. Section 20 of chapter II of the above-entitled act is hereby amended to read as follows: Section 20. Ordinances-Power to Enact-How Enacted-Style of. The board of commissioners of said city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state, touching every object, matter and subject within the local government instituted by this act, and the style of all ordinances shall be: The Board of Commissioners of the City of Las Vegas do ordain, but such caption may be omitted when said ordinances are published in book form or are revised and digested under order of the board. Sec. 4. Section 21 of chapter II of the above-entitled act is hereby amended to read as follows: Section 21. Board of Commissioners-Procedure-Impeachment. The board of commissioners shall determine its own rules of procedure insofar as the same do not conflict with this act, may punish its members for disorderly conduct, shall compel the attendance of its members, and with the concurrence of a majority of the members elected may impeach and expel any member. Any member of the board of commissioners who shall have been convicted of bribery or any other felony, or who shall violate any of the provisions of this act, shall forfeit his office and the emoluments attached thereto. The board of commissioners may, at any general election or at any special election called for that purpose, submit any question to the voters of said city for approval or rejection. Sec. 5. Section 31 of chapter II, as amended, of the above-entitled act is hereby amended to read as follows: Section 31. The said board of commissioners shall have the power to make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than five hundred dollars ($500) or by imprisonment not to exceed six months, or by both such fine and imprisonment. 2. To control the finances and property of the corporation. 3. To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation. |
κ1935 Statutes of Nevada, Page 43 (CHAPTER 36, AB 190)κ
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and to provide for the payment of all debts and expenses of the corporation. 4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law. 4a. The board of commissioners shall each year levy and cause to be collected a tax not to exceed five mills on the dollar of all of the taxable property of the city of Las Vegas for publicity purposes, the same to be placed in a fund known as Publicity Fund. 5. To borrow money on the credit of the city for corporation purposes and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll; nor shall said city have issued or outstanding at any time warrants, certificates, scrip or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts or loaning its credit for procuring supplies of water, municipal water works, municipal power plants, electrical or otherwise, or other public utility. The said board shall provide for the payment of interest on such bonds as the same shall become due, and for a sinking fund for the payment of the principal within twenty years after issuing same. The board shall have the power to acquire or establish municipal water works, municipal power plants, or any public utility, only in the manner herein provided. The board shall issue a proclamation which shall set forth briefly the supply of water, municipal water works, the municipal power plant, or other public utility proposed to be acquired or established, the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose, the proposed bonded indebtedness to be incurred therefor, the terms, amount, rate of interest, and time within which redeemable, and on what fund. Such proclamation shall be published in full at least once a week for three successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for said bond issue. At the first regular meeting of the board, or any recess or adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by qualified electors of said city equal in number to at least 10 percent of the number of votes cast in said city for representative in Congress at the last preceding general election, as shown by the last preceding registration list, and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 5 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. |
Further powers of board of commissioners |
κ1935 Statutes of Nevada, Page 44 (CHAPTER 36, AB 190)κ
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Further powers of board of commissioners |
of the board, or any recess or adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by qualified electors of said city equal in number to at least 10 percent of the number of votes cast in said city for representative in Congress at the last preceding general election, as shown by the last preceding registration list, and representing not less than 5 percent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said 5 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said board by a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said board at any time prior to the date of meeting set in said published notice; provided, however, that said board may submit such question to the vote of a special election if the board find it convenient so to do; provided further, however, that even though no such petition be filed, or if at such election the question is carried by such majority vote, the said board may, in its discretion, abandon and discontinue all such proceedings to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, or other public utility, upon adoption of a resolution to the effect that such board does not at such time deem it to the best interests of said city to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, or other public utility. In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose of constructing sewerage systems (including disposal plants) within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of two hundred fifty thousand dollars ($250,000); which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable semiannually. |
κ1935 Statutes of Nevada, Page 45 (CHAPTER 36, AB 190)κ
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each bond to be payable semiannually. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon any payment of any installment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk, and shall be distinctively known as Las Vegas Sewerage Bonds. Before issuing the said bonds, the said board shall publish a notice at least once a week for at least three consecutive weeks in some daily or triweekly newspaper published in the said city, calling for a special election by the regularly qualified electors of the city whether such bonds shall issue. Such notice shall state consecutively the amount of the proposed bond issue, the rate of interest bonds are to bear, time and manner of their payment and that they are for the construction of a sewerage system and/or sewerage disposal plant, as the case may be. The board shall cause a sufficient number of ballots to be printed which shall bear the words: Sewerage Bonds-Yes, and Sewerage Bonds-No, printed thereon in parallel lines one above the other. The voter will scratch out the word Yes if opposed to the bonds, and the word No if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections. If the majority of the votes cast are in favor of the issuance of the bonds the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act. Said board may submit such questions to the vote of the electors at a general city election instead of a special election if the board find it convenient so to do, in which even said notice, instead of calling for a special election, shall specify that such question shall be voted on at the next general city election and such question shall, in the form above provided, be placed upon the general ballot at such general city election. Said bonds shall be sold at not less than their par value and shall be redeemable in the order of their issuance within twenty-five years from the date of issue. The said boards shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such rate as will redeem all of the bonds within twenty-five years from the date of their issue; in which case the twenty-five years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer, and by him placed in a fund to be known as the Las Vegas Sewerage Fund. |
Further powers of board of commissioners |
κ1935 Statutes of Nevada, Page 46 (CHAPTER 36, AB 190)κ
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Further powers of board of commissioners |
be known as the Las Vegas Sewerage Fund. All sewerage systems constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board, or it may advertise for plans and specifications and bids for construction as they may see fit. 6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same. 7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require. 8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such licenses, fees and taxes shall be uniform in respect to the class upon which they are imposed. 9. To fix the amount of licenses and the terms and manner of their issuance. 10. To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all taverns, hotels, auto camps, restaurants, chophouses, cafes, saloons, eatinghouses, lunch counters, barrooms, games and gaming houses, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobile and motor sales agencies, vulcanizing shops, battery service shops, sales stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city. To fix and impose and collect a license tax on and regulate auctioneers, stockbrokers and stock exchanges. To fix, impose and collect a license tax on, regulate, prohibit or suppress barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress, all barrooms, street fakers, street peddlers, except those above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed, or sale stables, cattle or horse corrals, foundries and machine shops. |
κ1935 Statutes of Nevada, Page 47 (CHAPTER 36, AB 190)κ
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livery, feed, or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests. Within said city and within one mile outside of the city limits to regulate, prohibit, and prescribe the location of and suppress all houses of ill-fame, hurdy-gurdy houses, bawdyhouses, and any and all places to which persons resort for lewd or lascivious purposes or purposes of lewdness or prostitution, including dancehouses having special attractions, such as music or otherwise; to license and regulate gambling as allowed by law, and to prohibit gambling in all its various forms. To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings and business whatsoever, including grocers, merchants of any, every, and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life and accident insurance companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue and balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, spotting, hunting and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession. |
Further powers of board of commissioners |
κ1935 Statutes of Nevada, Page 48 (CHAPTER 36, AB 190)κ
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Further powers of board of commissioners |
stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards and the like, bootblacks and bootblack stands, gun stores, spotting, hunting and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession. 11. To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses. 12. To lay out, establish, open, alter, widen, extend, grade, narrow, vacate or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and by ordinance require and provide for the macadamizing, oiling, curbing, grading, graveling and regrading, paving, draining, cleaning, repairing, lighting, surfacing or resurfacing the same. 13. To plant or direct and regulate the planting of ornamental shade trees, in, along and upon streets, avenues, sidewalks, parks and public grounds. 14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds. 15. To prevent and remove obstructions and encroachments upon the same. 16. To provide for and regulate crosswalks, curbs and gutters. 17. To name streets, avenues or other public places, and to change the names thereof. 18. To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places. 19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same, free from snow and other obstructions. 20. To regulate and prevent the throwing or disposing of ashes, offal, dirt, garbage, or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground. |
κ1935 Statutes of Nevada, Page 49 (CHAPTER 36, AB 190)κ
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and to prevent injury or obstruction to, any street, avenue, alley, park or public ground. 21. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements. 22. To regulate or prevent the flying of flags, banners, or signs across the street, or from buildings. 23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks. 24. To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances, and vehicles, and cars and locomotives within the city limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places. 25. To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues and public places. 26. To regulate or prohibit any public demonstrations and processions. 27. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses. 28. To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks. 29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof. 30. To permit, regulate or prohibit the location, construction or laying of the tracks of any railroad or tramway in any street, alley, avenue, or public place; and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks and connecting and terminal tracks. 30a. To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof. |
Further powers of board of commissioners |
κ1935 Statutes of Nevada, Page 50 (CHAPTER 36, AB 190)κ
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Further powers of board of commissioners |
between their tracks, and for a reasonable distance on each side thereof. 31. To declare a nuisance and take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through, or across any of the streets, alleys, avenues or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof. 32. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues and public places, and to keep the same in repair within the limits of the city. 33. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley or avenue; to compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired. 34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds. 35. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains. 36. To contract with, authorize or grant to any person, company or association a franchise to construct, maintain, and operate gas, electric or other lighting works in the city, and to give such persons, company or association the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city. 37. To provide for the lighting of streets, laying down of gas pipes and erecting of lampposts; to regulate the use of gas, natural gas and electric and other lights and electric power, and to regulate the inspection thereof. 38. To construct and maintain waterworks, gasworks, electric-light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation. 39. To construct or authorize the construction of waterworks without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect. |
κ1935 Statutes of Nevada, Page 51 (CHAPTER 36, AB 190)κ
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over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect. 40. To regulate and control the water and water courses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city. 41. To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also, to purchase, acquire or lease stock in ditch, canal, reservoir, or water companies for the purpose of providing water for such city and the inhabitants thereof. 42. To fix the rate to be paid for the use of water furnished by the city. 43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of waterworks, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed. 44. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade. 45. To establish markets and markethouses and to provide for the regulation and use thereof. 46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same. 47. To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions. 48. To provide for the inspection, measurement or graduation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor. 49. To provide for the inspection, and sealing of weights and measures. 50. To enforce the keeping and use of proper weights and measures by vendors. |
Further powers of board of commissioners |
κ1935 Statutes of Nevada, Page 52 (CHAPTER 36, AB 190)κ
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Further powers of board of commissioners |
measures by vendors. To provide for and regulate the manner of weighing of all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor. 51. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist. 52. To provide for and regulate the location, management, and construction of packinghouses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation. 53. To prohibit any offensive or unwholesome business or establishments in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof. 54. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same. 55. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein. 56. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein. |
κ1935 Statutes of Nevada, Page 53 (CHAPTER 36, AB 190)κ
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57. To provide for the burial of the indigent dead and to pay the expenses thereof. 58. To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care. 59. To establish, maintain, and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city. 60. To define fire limits, and prescribe limits within which no buildings shall be constructed, except if it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed. 61. To prescribe the manner of constructing stone, brick, and other buildings and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens or other appliances therein. 62. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition. 62a. To adopt by reference and to enforce any uniform building code and/or electrical code. 63. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places. 64. To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city. 65. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires. 66. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires. |
Further powers of board of commissioners |
κ1935 Statutes of Nevada, Page 54 (CHAPTER 36, AB 190)κ
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Further powers of board of commissioners |
the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires. 67. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers, or steam-generating apparatus, or elevators within the corporate limits of the city. 68. To prohibit cruelty to animals. 69. To prevent the running at large in the city of poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large. 70. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior, and to punish the interference with any city officer in the discharge of his duty; also, to provide for the punishment of trespass, and such other petty offenses as the board may deem proper. 71. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle. 72. To arrest, fine or set to work on the street or elsewhere all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business. 73. To prevent intoxication, fighting, quarreling, dogfights, cockfights, prizefights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars. |
κ1935 Statutes of Nevada, Page 55 (CHAPTER 36, AB 190)κ
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pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 70 of this section. 74. To regulate and prohibit the carrying of concealed weapons. 75. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners. 76. To punish for keeping, maintaining, or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes. 77. To provide for and regulate the numbering of houses and lots. 78. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries; and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose. 79. To erect and maintain all needful buildings for the use of the city. 80. Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto. 80a. To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require. 80b. To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of city commissioners to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of city commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement which benefits the property of the owner thereof. |
Further powers of board of commissioners |
κ1935 Statutes of Nevada, Page 56 (CHAPTER 36, AB 190)κ
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Further powers of board of commissioners |
commissioners to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of city commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement which benefits the property of the owner thereof. 80c. To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places. 80d. To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits. 80e. Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical. At which election such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this charter. At the conclusion of any election at which any proposition, or propositions were so submitted to the people, the said board is hereby authorized, empowered and directed to give, by such appropriate act as may be necessary, full force and effect to each, all, and every choice or wish so expressed at such election if within the limits of powers granted by this charter. |
κ1935 Statutes of Nevada, Page 57 (CHAPTER 36, AB 190)κ
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such election if within the limits of powers granted by this charter. 80f. To require the construction and repair of sidewalks by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected. 81. To adopt and enforce by ordinance all such measures and establish all such regulations, in case no express provision is in this charter made, as the board of city commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof. Sec. 6. Section 53 of chapter II of the above-entitled act is hereby amended to read as follows: Section 53. Expenses, How Proportionately Paid. Such part of the expenses for the installation or laying of sewers or drains or the construction of disposal plants, or improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the board shall determine, may be paid from the general fund or district street fund, from the proper street district, or the said cost of a portion thereof, as the board shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the board may be benefited by the improvement. When the board shall determine to make any public improvement, such as laying pavements, constructing sewers, drains, sidewalks and crosswalks, curbing, macadamizing, oiling, graveling or grading any streets, avenues, or alleys or in anyway improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or proportion of the expenses thereof shall be paid by special assessments and what amount shall be paid out of the general fund, district street fund, or any other fund. |
Further powers of board of commissioners
Expenses, how proportionately paid |
κ1935 Statutes of Nevada, Page 58 (CHAPTER 36, AB 190)κ
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Special assessment, how enforced
Special assessments to constitute lien
Special assessments subject to suit |
out of the general fund, district street fund, or any other fund. Sec. 7. Section 76 of chapter II of the above-entitled act is hereby amended to read as follows: Section 76. Special Assessment, How Enforced. When any special assessment roll shall be confirmed by the board of commissioners it shall be final and conclusive except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members of the board of commissioners. The city clerk and clerk of the board of commissioners shall thereupon deliver to the county assessor, acting ex officio city assessor, the assessment roll as confirmed by the board of commissioners with his certificate of such confirmation, and of the date thereof. The county assessor, acting ex officio city assessor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof, and of the validity of said assessment and assessment roll. All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which installments to be collected yearly, or the entire amount thereof to be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven percent. All special assessments, except such installments thereof as the board of commissioners shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Las Vegas in the same manner as any other action for money owed the city of Las Vegas; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words justice court, justice of the peace, and constable are used in said civil practice act, the same shall be held to mean municipal court, municipal judge, and chief of police, respectively, for the purposes of said action. |
κ1935 Statutes of Nevada, Page 59 (CHAPTER 36, AB 190)κ
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of said action. Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments, and before the collection of the installments, the board of commissioners may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when confirmed, shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivisions. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid. Whenever any special assessment shall, in the opinion of the board of commissioners, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board of commissioners shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment, and the collection thereof shall be conducted in the same manner as provided for special assessment in this act. Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises, and the assessment to that extent be deemed satisfied. No judgment or decree nor any act of the board of commissioners vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by regular mode of proceedings might have been lawfully assessed thereon. When any special assessment shall be confirmed, recorded, and be payable, and the board of commissioners desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the board of commissioners may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed, respectively, and the board of commissioners shall annually, and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. |
New assessment may be made, when
Lien irrevocable |
κ1935 Statutes of Nevada, Page 60 (CHAPTER 36, AB 190)κ
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Duties of city assessor
Rights of city unabridged
Repeal
In effect |
whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed, respectively, and the board of commissioners shall annually, and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed, and against the persons chargeable therewith, as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county assessor, acting ex officio city assessor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Las Vegas from collecting any special assessment by suit in the name of the city of Las Vegas in the manner in this subdivision before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor. Sec. 8. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 9. This act shall become effective and be in full force from and after its passage and approval. |
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κ1935 Statutes of Nevada, Page 61κ
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[Senate Bill No. 50Committee on Livestock]
Chap. 37An Act to amend section 4 of an act entitled An act relating to cattle, horses, hogs, and other domesticated animals and poultry, excepting sheep and goats, creating a state board of stock commissioners, defining their powers and duties in regulating and controlling such stock and protecting the same against loss from disease, theft, and other injurious agencies, providing for the payment of certain indemnities on livestock condemned and destroyed, providing for the payment of bounties on certain noxious animals, providing for a tax levy to carry out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto, approved March 26, 1915, as amended.
[Approved March 13, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act, being paragraph 3829 N. C. L. 1929, as amended by section 2, chapter 153, Statutes of Nevada 1933, approved March 22, 1933, is hereby amended to read as follows: Section 4. The various boards of county commissioners shall at the time of the annual levy of taxes, levy the rate of tax requested by the board, not to exceed four (4) mills on the dollar per annum, on all cattle, horses, hogs and other livestock under the jurisdiction of the board, assessed in their respective counties, according to the assessed valuation of same, the said tax to be collected as other taxes, and paid to the state treasurer, who shall keep the same in a separate fund to be known as the stock inspection fund. The board may, with the approval of those legally charged with the responsibility of investing other state funds, invest or deposit any surplus or reserve money accumulating in the stock inspection fund, in a manner legally approved for the deposit or investment of other state funds, all income arising from such deposit or investment to be collected by the state treasurer and deposited in the stock inspection fund. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
Tax rate for support of board
Funds may be invested
In effect |
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κ1935 Statutes of Nevada, Page 62κ
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Powers of state board of health
Permit from state board of health necessary, when |
[Assembly Bill No. 127Messrs. Gray, Shelly and Phillips]
Chap. 38An Act providing for the method of supervision over the sanitation, healthfulness, cleanliness and safety of public swimming pools and bathhouses, defining the duties of certain officers and persons in relation thereto, providing for the issuance of permits for the conducting and management of public swimming pools and bathhouses, providing a penalty for the violation of this act, and other matters properly relating thereto.
[Approved March 13, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state board of health shall have supervision over the sanitation, healthfulness, cleanliness and safety of public swimming pools and bathhouses and is hereby empowered to make and enforce such rules and regulations pertaining thereto as it shall deem necessary to carry out the provisions of this act. Sec. 2. It shall be unlawful for any person, firm, corporation, institution or municipality to construct or to operate or continue to operate any public swimming pool, bathhouse, or nudist colony, or any structure within the State of Nevada without a permit to do so from the state board of health. Any person, firm, corporation, institution or municipality desiring to construct or to operate and maintain any public swimming pool, bathhouse or structures intended to be used for swimming or bathing purposes within the State of Nevada shall file application for permission to do so with the state board of health with description of the source of water supply, amount and quality of water available and intended to be used, method and manner of water purification, treatment, disinfection, heating, regulating and cleaning; life-saving apparatus, and measures to insure safety of bathers; measures to insure personal cleanliness of bather; methods and manner of washing, disinfecting, drying and storing bathing apparel and towels, and all other information and statistics that may be required by the state board of health, whereupon the state board of health shall cause an investigation to be made of the proposed or existing pool, and if it shall determine as a fact that the same is or may reasonably be expected to become unclean or insanitary or may constitute a menace to public health, it shall deny the application for permit; if it shall determine as a fact that the same is or may reasonably be expected to be conducted continuously in a clean and sanitary manner and will not constitute a menace to public health, it shall grant the application for permit under such restrictions as it shall deem proper. |
κ1935 Statutes of Nevada, Page 63 (CHAPTER 38, AB 127)κ
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Sec. 3. For the purposes of this act the state board of health, county board of health, any public health officer or inspector shall at stated intervals designated by the secretary of the state board of health have full power and authority to, and shall be permitted to, enter upon any and all parts of the premises of such bathing and swimming places to make examination and investigation to determine the sanitary condition of such places and whether the provisions of this act or the rules and regulations of the state board of health pertaining thereto are being violated. The results of such inspection to be reported to the secretary of the state board of health within seven days following said inspection. The state board of health and the county boards of health may from time to time at their discretion publish the reports of such inspection. Sec. 4. Any permit granted by the state board of health as provided in this act shall be revocable or subject to suspension at any time by formal action of the state board of health if it shall determine as a fact that the swimming or bathing places are being conducted in a manner insanitary, unclean or dangerous to public health. Sec. 5. Any swimming pool constructed, operated or maintained contrary to the provisions of this act are hereby declared to be public nuisances, dangerous to health. Such nuisances may be abated or enjoined in an action brought by the local or state board of health. Sec. 6. Any person, firm, corporation, whether as principal or agent, employer or employee, who violates any of the provisions of this act shall be guilty of a misdemeanor, and each day that conditions or actions, in violation of this act, shall continue, shall be deemed to be a separate and distinct offense, and for each offense, upon conviction, he shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Sec. 7. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 8. This act shall be in full force and effect from and after its passage and approval. |
Right of inspection
Permit revocable
Public nuisances, when
Penalty for violation
Repeal
In effect |
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κ1935 Statutes of Nevada, Page 64κ
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Unlawful to use other than lawful coin in vending machine
Penalty for violation |
[Assembly Bill No. 151Mr. Horgan]
Chap. 39An Act to provide penalties for using, manufacturing, selling or giving away tokens, slugs, or spurious coins for the fraudulent operation of vending machines, coin-box telephones, or other receptacles, designed to receive lawful coins of the United States of America, in the sale, use or enjoyment of property or service.
[Approved March 13, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person who, by means of any token, slug, false or counterfeited coin, or by any other means, method, trick or device whatsoever not lawfully authorized by the owner, lessee, or licensee of any lawful vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use or enjoyment of property or service, knowingly shall operate or cause to be operated, or shall attempt to operate or attempt to cause to be operated, any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America, or whoever shall take, obtain, accept or receive, from or by means of any such machine, coin-box telephone or other receptacle, any article of value or other facility or service, without depositing in, delivering to and payment into such machine, coin-box telephone or receptacle the amount of lawful coin of the United States of America required therefor by the owner, lessee or licensee of such machine, coin-box telephone or other receptacle, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period of not more than sixty days or by fine not exceeding two hundred dollars, or both. Sec. 2. Any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of any vending machine, coin-box telephone or other receptacle designated to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use or enjoyment of property or service or the use or enjoyment of any telephone, telegraph or other facilities or service, or whoever, knowingly or having cause to believe that the same is intended for fraudulent or unlawful use on the part of the purchaser, donee or user thereof, shall manufacture for sale, sell or give away any token, slug, false or counterfeited coin or any device or substance whatsoever, intended or calculated to be placed, deposited or used in any such vending machine, coin-box telephone or other receptacle, shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be punished by imprisonment in the county jail for a period of not more than sixty days or by fine not exceeding two hundred dollars, or both. |
κ1935 Statutes of Nevada, Page 65 (CHAPTER 39, AB 151)κ
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a misdemeanor; and upon conviction thereof shall be punished by imprisonment in the county jail for a period of not more than sixty days or by fine not exceeding two hundred dollars, or both. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
In effect |
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[Assembly Bill No. 142Mr. Goodwin]
Chap. 40An Act to amend section 36 of an act entitled An act relating to elections, approved March 24, 1917, as amended.
[Approved March 13, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 36 of the above-entitled act, being section 2473 N. C. L. 1929, is hereby amended to read as follows: Section 36. On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no writing or printing except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded. The number of each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of the candidates are printed in separate columns the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name; provided, that the names of candidates for president and vice president of the United States shall be printed upon such ballots when such election shall be a presidential election, the names of such candidates for president and vice president of each party to be placed directly above those of the candidates for presidential electors of the same party and separated therefrom by a light-faced rule, but with no square for marking after the names of such candidates for president and vice president. Beneath the name of each of the candidates of said candidates for vice president in each party group, in light-faced type, not larger than six-point, shall appear the words: To vote for your choice for president and vice president mark X after the names of the presidential electors of the same political party; provided, however, that nothing in this act shall be construed to permit the throwing out of any ballot because the elector has marked X after the names of such candidates for president and vice president, though no space has been placed for such mark; and provided further, that in the event of such latter marking and either a marking or no marking after the names of candidates for electors, such ballot shall be construed to have been cast for each of the electors of such political party and shall be so counted and tallied. |
Description of ballots, how printed
Candidates for president and vice president printed on ballots |
κ1935 Statutes of Nevada, Page 66 (CHAPTER 40, AB 142)κ
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Intent of voter recognized
Names arranged alphabetically
Purport of any question to be stated; additional requirements
Repeal
In effect |
after the names of the presidential electors of the same political party; provided, however, that nothing in this act shall be construed to permit the throwing out of any ballot because the elector has marked X after the names of such candidates for president and vice president, though no space has been placed for such mark; and provided further, that in the event of such latter marking and either a marking or no marking after the names of candidates for electors, such ballot shall be construed to have been cast for each of the electors of such political party and shall be so counted and tallied. The names of the candidates for each office shall be arranged, under the designation of the office, in alphabetical order, according to the surname, except that the names of candidates for presidential electors shall be arranged in groups as presented in the several certificates of nomination; the political designation of each candidate, except in the case of candidates for judicial offices and school offices, shall be printed opposite his name. There shall be a margin at the right-hand side of the names at least one-half inch wide, so that the voters may clearly indicate in the way hereinafter described the candidate or candidates for whom they wish to vote. Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot in such manner as to enable the electors to vote upon the question in the manner hereinafter provided, with a brief statement of the purport of such question, in plain ordinary language which may be readily understood by the ordinary lay person. Before every question or constitutional amendment to be voted upon there shall be placed a number, to be designated by the secretary of state, in bold-face type, not smaller than twenty-four point. There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidate, such as Vote for one, Vote for three, and the like. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after its passage and approval. |
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κ1935 Statutes of Nevada, Page 67κ
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[Assembly Bill No. 108Mr. Goodwin]
Chap. 41An Act authorizing and directing the board of regents of the University of Nevada to deliver a deed for certain property to James Peckham of Washoe County, Nevada.
[Approved March 13, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the payment of one hundred fifty ($150) dollars to the board of regents of the University of Nevada by James Peckham of Washoe County, Nevada, the board of regents of the University of Nevada are hereby authorized and directed to make, execute and deliver to James Peckham of Washoe County, Nevada, a good and sufficient deed to the following-described real estate situated in Washoe County, Nevada: A certain parcel or strip of land which lies and is within the NE 1/4 of the SE 1/4 of section 25, T. 19 N., R. 19 E., M. D. B. & M. and more fully described as follows to wit: Beginning at the southwest corner of that tract of land owned by the University of Nevada and lying east of the Reno-Carson state highway, said point of beginning described as bearing N. 17° 56′ 30ʺ W. 1,727.70 feet from the southeast corner of section 25, T. 19 N., R. 19 E., M. D. B. & M., thence N. 20° 29′ 30ʺ W. along the easterly 35-foot right-of-way line of the state highway a distance of 593.94 feet to a point, thence easterly along the south boundary of the Peckham driveway a distance of 5.97 feet to a point, thence N. 20° 29′ 30ʺ W. along the easterly 40-foot right-of-way line of the state highway a distance of 24.55 feet to a point, thence easterly along the north boundary of the Peckham driveway a distance of 133.84 feet to a point, thence southerly along the westerly right-of-way line of the Virginia and Truckee railway a distance of 96.55 feet to a point, thence S. 69° 15′ 20ʺ W. a distance of 75 feet to a point, thence S. 20° 44′ 40ʺ E. a distance of 449.50 feet to a point, thence S. 69° 15′ 20ʺ W. a distance of 46 feet to the point of beginning, said parcel of land containing 0.86 of an acre, more or less. Sec. 2. This act shall become effective from and after its passage and approval. |
Board of regents to sell and convey certain real estate
Description of property
In effect |
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κ1935 Statutes of Nevada, Page 68κ
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Advertising signs not lawful
Exception
Repeal
In effect |
[Senate Bill No. 108Senator Winters]
Chap. 42An Act to amend section 25 of an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917.
[Approved March 13, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 25 of the above-entitled act, being section 5348 Nevada Compiled Laws 1929, is hereby amended to read as follows: Section 25. No advertising signs, signboards, or boards or other materials containing advertising matter shall be placed upon or over any state highway, nor within the highway right of way; nor upon any bridge or other structure thereon; nor so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon and/or prevent the safe use of the state highway; provided, that counties, towns or cities of the State of Nevada may, by permission of the state highway department, place at such points as may be designated by the state highway engineer suitable signboards advertising such counties, towns or municipalities. If any such sign is placed in violation of this act it is thereby declared a public nuisance and may be forthwith removed by the department of highways or its employees. Any person placing any such sign in violation of the provisions of this section shall be guilty of a misdemeanor and shall be fined not less than ten dollars nor more than fifty dollars, and shall also be liable in damages for injury or injuries incurred and/or for injury to or loss of property sustained by any person by reason of a violation of the provisions of this section. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective upon its passage and approval. |
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κ1935 Statutes of Nevada, Page 69κ
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[Senate Bill No. 131Senator Robbins]
Chap. 43An Act to amend section 5 of an act entitled An act to amend section 5 of an act entitled An act providing for the printing and enrolling of legislative bills and resolutions and other matters relating thereto, approved January 27, 1915, as amended, and adding thereto additional supplementary sections to be known as sections 5a, 5b, 5c, 5d, 5e, 5f, and 5g, approved February 24, 1931, and to amend section 5c thereof.
[Approved March 13, 1935]
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, being section 7297 N. C. L. 1929, as amended, is hereby amended to read as follows: Section 5. All legislative bills and resolutions shall be enrolled in typewriting on sheets of paper sixteen (16) inches by nine and one-half (9 1/2) inches in dimensions with a one-and-one-half-inch (1 1/2) margin on the left-hand side and top and bottom of said sheet, and not more than a one-inch (1) margin on right-hand side, ruling to be on both sides of each sheet. The paper shall be the best quality of ledger paper and suitable for making one clear carbon copy. An original and carbon copy shall be made. If the bill embraces more than one of said sheets they shall be temporarily bound together by a metal fastener in the upper left-hand corner which penetrates all the sheets and holds them securely together. All portions of sheets not covered by typewriting shall be ruled off in red ink to prevent insertion of other matter. The enacting clause of every bill shall be entirely in capitals. Sec. 2. Section 5c of the above-entitled act is hereby amended to read as follows: Section 5c. The original copy shall then be presented by the chairman of the enrollment committee of the house wherein such bill or joint resolution originated, or such person as he shall in writing designate, to the governor for his action, who may authorize his secretary or legislative counsel to receive and receipt for same in his name; provided, that joint resolutions proposing an amendment to the constitution of the State of Nevada shall not be presented to the governor for approval and signature, but shall be delivered with the engrossed copy thereof to the secretary of state or such deputy or clerk as he shall designate in writing. The secretary of state shall cause such enrolled resolution and the engrossed copy thereof to be filed in his office, and shall deliver the same to the presiding officer of the house in which such proposed amendment originated at the next ensuing session of the legislature. |
Size specified for enrolled bills and resolutions
Original copy to go to governor |
κ1935 Statutes of Nevada, Page 70 (CHAPTER 43, SB 131)κ
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Duties of secretary of state
Repeal
In effect |
the house in which such proposed amendment originated at the next ensuing session of the legislature. Such enrolled resolution accompanied by the engrossed copy thereof shall thereupon be laid before the house for action, and if approved by two thirds of the members elected thereto, shall again be deposited with and filed by the secretary of state that the same may be placed upon the ballot of the next ensuing general election. The history of the joint resolution containing a notation that the same has been returned to the house of its origin by the secretary of state shall be noted on the engrossed copy of said resolution, and shall likewise appear upon the history of the enrolled copy thereof, and shall bear the original signatures, in black ink, of the presiding officers and clerk and secretary of the respective houses for both sessions of the legislature at which said proposed amendment to the constitution shall have been considered. The secretary of state shall cause said proposed amendment or amendments to the constitution to be published in the printed volume of the statutes for each year, when it or they shall have been considered by the legislature. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall be in full force and effect from and after its passage and approval. |
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County commissioners must prepare budget for county |
[Assembly Bill No. 59Mr. Hussman]
Chap. 44An Act to amend sections 3, 9, 11, 14, and to repeal section 8 of an act entitled An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies, approved March 22, 1917, as amended April 1, 1919, March 4, 1921, March 22, 1921, February 27, 1923, February 26, 1925, March 11, 1925, March 23, 1927, and to define the word year, and to repeal all acts or parts of acts in conflict therewith.
[Approved March 13, 1935]
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, being section 3012 N. C. L., is hereby amended to read as follows: Section 3. The county commissioners of each county in this state shall, between the first Monday of January and the first Monday of April of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of said county for the then current year and for the next following year. Said budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission and shall in any event show the following details:
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κ1935 Statutes of Nevada, Page 71 (CHAPTER 44, AB 59)κ
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shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission and shall in any event show the following details: 1. Estimated aggregate assessments upon which the tax rates are based. 2. The last available valuation of real property, personal property and net proceeds of mines as shown by the county tax roll, and the assessors collections for the preceding year. 3. The unencumbered cash balance at the beginning of the then current year. 4. The estimated receipts from all sources for the then current year. 5. The estimated receipts from all sources for the next following year. 6. The estimated expenditures for the then current year. 7. The estimated expenditures for the next following year. 8. The amount required for the next following year from taxation and the tax rate necessary to produce it. The budget shall be supported by distributions in such detail as shall be prescribed by the Nevada tax commission. Upon the completion of said budget, the same shall be signed by the commissioners of the county approving the same and by the county clerk, and the several sums set forth in said budget under estimated expenditures for the then current year shall be thereby appropriated for the several purposes therein named for the said then current year, and the sum set forth in said budget for the next following year shall be subject to revision upon the preparation and completion of the next succeeding budget required by this act. Said budget shall be forthwith filed in the office of the auditor and recorder, and a copy of the estimated receipts and expenditures for the then current year, the total valuations, and the tax rate as shown by said budget shall then be published once in the official newspaper of the county, if there be one, or if there be no official newspaper, then in a newspaper to be designated by the board of county commissioners. Sec. 2. Section 9 of the above-entitled act, being section 3018 N. C. L., is hereby amended to read as follows: Section 9. It shall be the duty of the governing board of every city, municipality, town, school district, county high school, or high school district or educational district in this state, between the first Monday of January and the first Monday of March of each year to prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of such city, municipality, town, school district, county high school, or high school district or educational district for the then current year and for the next following year. Such budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission. |
What budget shall show
Procedure upon completion of budget
Budgets for cities, towns, and school districts |
κ1935 Statutes of Nevada, Page 72 (CHAPTER 44, AB 59)κ
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Detail of town or city budget
Detail of school district budget
Procedure upon completion of budget |
and the items thereof as shall be prescribed by the Nevada tax commission. The budget of any town or city or municipality shall in any event show the following detail: 1. The estimated aggregate assessments upon which the tax rates are based. 2. The last available valuation of real and personal property as shown by the tax roll of the town or city or municipality for the preceding year. 3. The unencumbered cash balance at the beginning of the then current year. 4. The estimated receipts from all sources for the then current year. 5. The estimated receipts from all sources for the next following year. 6. The estimated expenditures for the then current year. 7. The estimated expenditures for the next following year. 8. The amount required for the next following year from taxation and the tax rate necessary to produce it. The budget shall be supported by distributions in such detail as shall be prescribed by the Nevada tax commission. The budget of any school district, county high school or high school district or educational district shall in any event show the following detail: 1. The estimated aggregate assessments upon which the tax rate is based. 2. The last available valuation of real and personal property within the district. 3. The unencumbered cash balance at the beginning of the then current year. 4. The estimated receipts for the then current year. 5. The estimated receipts for the next following year. 6. The estimated expenditures for the then current year. 7. The estimated expenditures for the next following year. 8. The amount required for the next following year from taxation and the tax rate necessary to produce it. Upon the preparation and completion of said budget, it shall be signed by the governing board of such city, town, municipality, school district, county high school or high school district, or educational district, and the several sums set forth in said budget under estimated expenditures for the then current year shall be thereby appropriated for the several purposes therein named for the said then current year, and the sums set forth in said budget for the next following year shall be subject to revision upon the preparation and completion of the next succeeding budget required under this act; and in cities or municipalities it shall be filed with the city clerk; and if of a town, school district, county high school, or high school district or educational district, it shall be filed with the auditor and recorder of the county wherein such town, school district, high school or high school district or educational district is situated, and the estimated receipts and expenditures for the then current year, and the aggregate valuation and tax rates as shown by said budget shall then be published once, at least fifteen days prior to the date when such budget shall become effective, in the official newspaper of the city, town, municipality, or county, if there be one, or, if there be no official newspaper, then in a newspaper to be designated by the governing board of such city, town or municipality, or by the governing board of the county wherein such school district, county high school, or high school district or educational district is situated; provided, that when the estimated receipts and expenditures of a county high school are included in the budget of the county wherein such high school is situated, no publication of such receipts and expenditures shall be required other than in section 3 of this act; provided further, that whenever the budget filed by a board of school trustees shows that the estimated receipts from the semiannual school apportionments, without any special district tax upon the property of the school district, will be sufficient to provide the funds necessary to maintain properly the work in said school district for the current year and for the next following year, as required by law, the publication of the budget of such school district shall not be required. |
κ1935 Statutes of Nevada, Page 73 (CHAPTER 44, AB 59)κ
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such town, school district, high school or high school district or educational district is situated, and the estimated receipts and expenditures for the then current year, and the aggregate valuation and tax rates as shown by said budget shall then be published once, at least fifteen days prior to the date when such budget shall become effective, in the official newspaper of the city, town, municipality, or county, if there be one, or, if there be no official newspaper, then in a newspaper to be designated by the governing board of such city, town or municipality, or by the governing board of the county wherein such school district, county high school, or high school district or educational district is situated; provided, that when the estimated receipts and expenditures of a county high school are included in the budget of the county wherein such high school is situated, no publication of such receipts and expenditures shall be required other than in section 3 of this act; provided further, that whenever the budget filed by a board of school trustees shows that the estimated receipts from the semiannual school apportionments, without any special district tax upon the property of the school district, will be sufficient to provide the funds necessary to maintain properly the work in said school district for the current year and for the next following year, as required by law, the publication of the budget of such school district shall not be required. Sec. 3. Section 11 of the above-entitled act, being section 3020 N. C. L., 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, county high school, high school district, educational 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 one publication, and no vote may be taken upon such emergency resolution until fifteen days after the publication of said notice; provided further, however, that in school districts having less than 100 pupils in average daily attendance the publication of such emergency resolution may be made by posting conspicuously, in three different places in said school district, notice containing in full the emergency resolution with the date upon which the board of school trustees of said district are to meet to act upon said emergency resolution, and such posting of said resolution shall be made not less than ten days previous to the date fixed in said emergency resolution for action thereon. Upon the unanimous adoption by 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 board of finance recorded in the minutes of the board. |
Procedure upon completion of budget
Action in cases of emergency or great necessity |
κ1935 Statutes of Nevada, Page 74 (CHAPTER 44, AB 59)κ
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Publication of budget proper charge against county
Year defined Repeal
In effect |
adoption by 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 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. 4. Section 14 of the above-entitled act, being section 3023 N. C. L., is hereby amended to read as follows: Section 14. The cost of publication of any budget or notice required of any school district, county high school, or high school district or educational district shall be a proper charge against the general fund of the county in which the same is situated. Sec. 5. Section 8 of the above-entitled act, being section 3017 N. C. L., is hereby repealed. Sec. 6. The word year in this act shall mean calendar year. Sec. 7. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 8. This act shall become effective from and after its passage and approval. |
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Sections repealed |
[Senate Bill No. 55Senator Friedhoff]
Chap. 45An Act to repeal section 5a and section 5b of an act entitled An act to amend section 5 of an act entitled An act concerning the county officers of the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith, approved March 5, 1923, and adding two new sections thereto, being section 5a and section 5b, approved March 27, 1929.
[Approved March 13, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5a and section 5b of that certain act entitled An act to amend section 5 of an act entitled An act concerning the county officers in the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict there with, approved March 5, 1923, and adding two new sections thereto, being section 5a and section 5b, approved March 27, 1929, Statutes 1929, chapter 166, pages 265, 266, are hereby repealed. |
κ1935 Statutes of Nevada, Page 75 (CHAPTER 45, SB 55)κ
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fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict there with, approved March 5, 1923, and adding two new sections thereto, being section 5a and section 5b, approved March 27, 1929, Statutes 1929, chapter 166, pages 265, 266, are hereby repealed. Sec. 2. This act shall take effect immediately upon its passage and approval. |
In effect |
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[Assembly Bill No. 146Messrs. Gray and Shelly]
Chap. 46An Act to amend an act entitled An act to incorporate the town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 15, 1905, as amended.
[Approved March 15, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act is hereby amended to read as follows: Section 4. The corporate powers of the city, except as hereinafter stated, shall be vested in a mayor and city council. The mayor shall be an actual and bona fide resident, elector and taxpayer in the city, and he shall be chosen by the qualified electors thereof whose names appear upon the official register as hereinafter provided, and who are actual bona fide residents of and within the limits of said city. The mayor shall serve for a term of four years from and after the date of his election and qualification, and until his successor shall have been duly elected and qualified. He shall be the chief executive of the city and must exercise a careful supervision over its general affairs. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof with which they execute their official duties, and especially in respect to the collection, administration and disbursements of the public funds, and all books, papers, records and documents of said city shall at all times be open to his inspection, and any official misconduct or willful neglect of duty shall be reported by him to the council. He shall, from time to time, give the council information in writing relative to the state of the city, and recommend such measures as he may deem beneficial to the city. |
Mayor and council
Qualifications
Term
Duties of mayor |
κ1935 Statutes of Nevada, Page 76 (CHAPTER 46, AB 146)κ
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Salary of mayor
City council
Qualifications
Terms of office of councilmen
Quorum |
to the state of the city, and recommend such measures as he may deem beneficial to the city. He shall see that all the general laws and ordinances of said city are observed and enforced, and shall take all proper measures for the preservation of public peace, order and the suppression of riots, tumults and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily, and to use and command the police force, or if the same be inadequate, it shall be his duty to call upon the governor for military aid, in the manner provided by law. Sec. 2. Section 9 of the above-entitled act is hereby amended to read as follows: Section 9. The mayor shall receive such salary as the council shall prescribe by ordinance, not exceeding the sum of three hundred dollars per annum; provided, that when such salary is fixed, the same shall not be changed so as to increase the same oftener than once every four years. Sec. 3. Section 10 of the above-entitled act is hereby amended to read as follows: Section 10. The legislative power of the city, except as hereinafter provided, shall be vested in a city council, consisting of five members, who shall hold office for the term of four years. They shall be actual bona fide residents and taxpayers in the city and qualified electors thereof. They shall be chosen by the qualified electors of their respective wards whose names appear upon the official register as electors of such ward, and residents thereof within the corporate limits of said city; provided, that no person shall be eligible for the office of councilman who shall not be an actual bona fide resident in the ward to be represented by him and shall not have been such resident for the period of at least six months next immediately preceding the date of election. Sec. 4. Section 11 of the above-entitled act is hereby amended to read as follows: Section 11. The councilmen elected under this charter shall be elected for a term of four years from and after the 1st day of May, 1935. At the next subsequent general city election to be held in the year 1935, each councilman elected from his respective ward shall serve for a term of four years from and after the date of their respective elections, and until their successors have been duly elected and qualified. Sec. 5. Section 13 of the above-entitled act is hereby amended to read as follows: Section 13. A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the mayor, compel the attendance of the absent members. |
κ1935 Statutes of Nevada, Page 77 (CHAPTER 46, AB 146)κ
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The council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions, and all proceedings must be public. The councilmen shall receive only such salary as may be prescribed by ordinance, not exceeding one hundred ($100) dollars per annum; provided, that such salary, when fixed, shall not be changed so as to increase the same oftener than once every four years. Sec. 6. Section 16 of the above-entitled act is hereby amended to read as follows: Section 16. The style of all ordinances shall be as follows: The City Council of the City of Sparks do ordain, and all proposed ordinances when first proposed shall be read aloud in full to the council, and final action thereon shall be deferred until the next regular meeting of the council, except that in cases of emergency, by unanimous consent of the whole council, such final action may be taken immediately or at a special meeting called for that purpose. All ordinances shall be signed by the mayor, attested by the city clerk, and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, for at least two publications in such newspaper, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the city council, no further publication shall be deemed necessary. The city council shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book, or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the city council, they shall be so received. Sec. 7. Section 19 of the above-entitled act is hereby amended to read as follows: Section 19. The city council, among other things, shall have the power: First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members. Second-To make and pass all ordinances, resolutions, and orders not repugnant to the constitution of the United States or the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, and for the execution of all the powers vested in said city, and for making effective the provisions of this charter. |
Rules
Salary of councilmen
Style of ordinances
Ordinances published
Powers of city council
Meetings To pass ordinances, etc. |
κ1935 Statutes of Nevada, Page 78 (CHAPTER 46, AB 146)κ
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Annual tax
To control city property; proviso Public streets, bridges, sewers, sidewalks, etc.
Special assessments to pay costs |
or the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, and for the execution of all the powers vested in said city, and for making effective the provisions of this charter. Third-To levy and collect, annually, a tax of not to exceed one percent upon the assessed value of all real and personal property within the limits of the city, and which is by law taxable for state and county purposes. Fourth-To sell, lease, control, improve, and take care of the real estate and personal property of the city; provided, said council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose. Section 19a. The city council, among other things, shall have the power: To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley, or otherwise improving same; also, to provide by ordinance the improvement and preservation of the city parks, and the construction, repair, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalk, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts. Such part of the expenses of improving any street, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine, may be paid from the general fund, street fund, or district street fund, from the proper street district, or the said cost, or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the city council may be benefited by the improvement. When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, or sidewalks and curbing, macadamizing, oiling, graveling, or grading any street or alley, or in any way improving the same, and defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund, or any other fund. |
κ1935 Statutes of Nevada, Page 79 (CHAPTER 46, AB 146)κ
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graveling, or grading any street or alley, or in any way improving the same, and defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund, or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lot the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz, for city hall and other public buildings for the use of the city, officers, enginehouses and structures for the fire department, waterworks, city prison, levees and embankments, shall be paid from the proper general fund of the city, except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement or repairs in the laying of pavements, or constructing sidewalks, or in anyway improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. |
Ordinance declaring special assessments
May pay part from general fund
Just assessment to be determined
Certain costs from general fund
Manner of levying assessment |
κ1935 Statutes of Nevada, Page 80 (CHAPTER 46, AB 146)κ
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Public improvement declared by ordinance
General terms to be used
Estimates of costs to be made
Notice by publication |
council shall determine to make any public improvement or repairs in the laying of pavements, or constructing sidewalks, or in anyway improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the general fund of the city, from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for one week at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each post office of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two thirds of all members elected to the city council. In all cases where the board of health or other officials of the city or the city council are authorized to do, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may, at their option, refer the same to the city assessor and have the same assessed against such property. |
κ1935 Statutes of Nevada, Page 81 (CHAPTER 46, AB 146)κ
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be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may, at their option, refer the same to the city assessor and have the same assessed against such property. The cost and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds fifty percent of the value of such lands and improvements, as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that percent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name Unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not, for any cause, be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and collected as in other cases. |
Other assessments may be levied
What costs shall include
Costs limited
Notice must be given
Pro rata assessments |
κ1935 Statutes of Nevada, Page 82 (CHAPTER 46, AB 146)κ
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Assessment valid against property
Frontage assessments
Assessment according to benefits
Form of certificate |
and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name Unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not, for any cause, be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for the assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portions of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows: State of Nevada, City of Sparks, ss. To the city council of the city of Sparks: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e. g., for paving B street from First street to Fifteenth street in said city, as the case may be), (or constructing a sewer on C street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment. |
κ1935 Statutes of Nevada, Page 83 (CHAPTER 46, AB 146)κ
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charter of the city relating to such assessment. Dated, Sparks, Nevada, .., A. D. 19 ., City Assessor. When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which, by the provisions of this act, the city council is authorized to charge and collect special assessment against the same, and not being of that class of special assessment required to be made pro rata upon several lots or parcels of land, on account of the labor or services for which such expense was incurred, verified by the officer or person performing the services or causing the same to be done, with the description of the lot or premises upon or in respect to which the expense was incurred, or the name of the owner or person, if known, chargeable therewith, shall be reported to the city council in such manner as the city council shall present. And the provisions of the previous subdivisions, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision. The city council shall determine what amount or part of every expense shall be charged and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and so often as the city council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises and the persons chargeable therewith respectively to be reported by the city clerk to the city assessor for assessment. Upon receiving the report mentioned in the preceding subdivision the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. When any special assessment shall be reported by the city assessor to the city council as in this section and subdivision directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause notice to be published for one week, at least, in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and the assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided in this subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form: |
Special assessment for single lot or parcel of land
City council to determine expense
Assessor to make special assessment roll |
κ1935 Statutes of Nevada, Page 84 (CHAPTER 46, AB 146)κ
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Form of notice of special assessment
City council and assessor to review assessment
Duties of officers when assessment roll confirmed |
subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form: To (insert the name of the persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment from the (e. g., paving B street to Fifteenth street in said city), (or constructing a sewer on C street between First street and Fifteenth street), (or as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Sparks will meet in the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing. Dated City Clerk. At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide the same; and the city council may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: Special assessment roll for (describing fully what the assessment is for), as approved by the city council the day of .(month), 19 (affixing the time). Dated ,City Clerk. Section 19b. The city council, among other things, shall have the power: When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting as ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. |
κ1935 Statutes of Nevada, Page 85 (CHAPTER 46, AB 146)κ
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council shall thereupon deliver to the county auditor, acting as ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor acting as ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll. All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land and improvements assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which installments to be collected yearly or the entire amount thereof to be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven percent. All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Sparks in the same manner as any other action for money owed the city of Sparks; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words justice court, justice of the peace, and constable are used in said civil practice act the same shall be held to mean police court, police judge, and chief of police, respectively, for the purposes of said action. Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or land shall be according to such subdivisions. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid. |
Special assessments lien
When due
Assessment apportioned if lots or lands divided |
κ1935 Statutes of Nevada, Page 86 (CHAPTER 46, AB 146)κ
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Deficiency to be paid from general fund
Invalid assessment; duties of city council
Sums paid to be applied on reassessment
Lien not impaired
City council to determine manner of payment of assessments |
it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid. Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have the power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessments in this act. Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises, and the assessment to that extent be deemed satisfied. No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon. When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed, respectively, and the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county auditor acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting as ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Sparks from collecting any special assessment by suit in the name of the city of Sparks in the manner in this section before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor. |
κ1935 Statutes of Nevada, Page 87 (CHAPTER 46, AB 146)κ
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roll next thereafter to be made, in a column for special assessments, and the county auditor acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting as ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Sparks from collecting any special assessment by suit in the name of the city of Sparks in the manner in this section before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor. If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality that the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises. The city council of the city of Sparks is hereby authorized and empowered to correct or amend the said special assessment roll by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a two-thirds vote of all the members elected to the city council, and the said resolution, or a copy thereof, certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made. In construing power of section 19a and 19b, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers. Section 19c. The city council, among other things, shall have the power: First-To organize, regulate, maintain, and disband a fire department; to provide for the extinguishment of fire; to regulate or prohibit the storage of gunpowder or other explosives or combustible or inflammable material within, or transported through the city, and to prescribe the distance from said city where the same may be stored, held, or kept. |
Proviso
Irregularity not bar to payment
City council may amend special assessment
Powers of council construed
Fire department
Regulating combustibles |
κ1935 Statutes of Nevada, Page 88 (CHAPTER 46, AB 146)κ
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Nuisances
Public health
Quarantine
Pesthouse
Salary of health officer
Licensing and regulating various trades, callings and business |
Second-To determine by ordinance what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same, at the expense of the parties creating, causing, or committing such nuisances, and to provide for the penalty and punishment for the same. Third-To provide for safeguarding the health of the city. For this purpose, the council, with the mayor, who shall be president of the board, shall act as a city board of health, and the council may by ordinance prescribe its duties and powers. The council may elect a secretary of the board of health, who shall be the health officer of the city and have full power as such over all matters pertaining to health and sanitary matters. The board of health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city, and to have any such products as are unsound, spoiled, unwholesome, or adulterated summarily destroyed. Said board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious, or other diseases into the city; to make quarantine laws and regulations, and the city council shall have power to enforce the same by providing adequate penalties for violations thereof. The council may erect or otherwise acquire a pesthouse, temporarily or permanently, at such distance from the city limits as it shall deem practicable, and the health officer shall have the power to establish temporarily pesthouse or houses in the case of emergency or epidemics. The council may by ordinance prescribe a salary for the health officer, but such salary, when fixed, shall not be changed so as to increase the same oftener than once every two years, except temporarily during the period of an emergency caused by dangerous epidemic or the like. Fourth-To fix, impose, and collect a license tax on, and to regulate all trades, callings, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any and every kind for which an admission fee is charged, or which may be held in any house, place, or enclosure where wines, spirituous, malt, and vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements; to fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, eating houses, lunch counters, barrooms, lodging houses, accommodating four or more lodgers; bankers, brokers of every and all kinds, manufacturers; livery stables, express companies, telegraph and telephone companies, street railway companies, operating in whole or in part within said city. |
κ1935 Statutes of Nevada, Page 89 (CHAPTER 46, AB 146)κ
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and all kinds, manufacturers; livery stables, express companies, telegraph and telephone companies, street railway companies, operating in whole or in part within said city. To fix, impose, and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the locations of or suppress all saloons, barrooms, gambling games, places where intoxicating liquors are sold or given away, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests and exhibitions. To fix, impose, and collect a license on, regulate, prohibit or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, faro, and all games of chance; houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dancehouses having special attractions such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of every, any, and all kinds, trades and traders, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separated from hardware stores, hardware stores, paint, paper, or oil stores, bicycle repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life, accident, and agents or solicitors for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horse-shoeing shops, tailor and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, bootblack stands, all billiard or pool games or other table games, or games played with cue or balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, stage companies, electric-light, water, and power companies, bankers, brokers, job printers, manufacturers of soda waters or other soft drinks, or of beer, malt, spirituous, or vinous liquors, or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger-service establishments, contractors, contracting mechanics or builders, sash-and-door factories, planing mills, machine shops, car shops, building and loan companies, agent or solicitors for the same, real estate agents, popcorn, peanut, and fruit stands, music stores, drygoods stores, furniture stores, drug stores, undertakers, boot and shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by billboards, placards, and the like, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds and all and singular, all business, trades, and professions, including attorneys, doctors, physicians, and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association, or corporation thus licensed and on a pro rata basis. |
Licensing and regulating various trades, callings and business |
κ1935 Statutes of Nevada, Page 90 (CHAPTER 46, AB 146)κ
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Licensing and regulating various trades, callings and business
Dog tax
Vehicles
Riots
Chain gang |
telephone companies, express companies, stage companies, electric-light, water, and power companies, bankers, brokers, job printers, manufacturers of soda waters or other soft drinks, or of beer, malt, spirituous, or vinous liquors, or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger-service establishments, contractors, contracting mechanics or builders, sash-and-door factories, planing mills, machine shops, car shops, building and loan companies, agent or solicitors for the same, real estate agents, popcorn, peanut, and fruit stands, music stores, drygoods stores, furniture stores, drug stores, undertakers, boot and shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by billboards, placards, and the like, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds and all and singular, all business, trades, and professions, including attorneys, doctors, physicians, and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association, or corporation thus licensed and on a pro rata basis. Section 19d. The city council, among other things, shall have the power: First-The city council shall have power to fix, impose, and collect an annual per capita tax on all dogs and cats and to provide for the destruction of all dogs and cats upon which said tax shall not have been paid; to fix, impose, and collect a license tax on, and regulate hacks, hackney coaches, cabs, omnibuses, and all other vehicles used for hire, and to regulate the stand of all hacks, hackney coaches, cabs, omnibuses, jitney buses, express wagons, drays, job wagons, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles; to fix, impose, and collect a license tax, regulate or suppress runners for hotels, taverns, or other business. Second-To prevent any, and restrain any, riot or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment for the same. Third-To provide for the formation of a chain gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and to prevent their escape while being so employed. Fourth-To provide for conducting all city elections, except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election. |
κ1935 Statutes of Nevada, Page 91 (CHAPTER 46, AB 146)κ
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except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election. Fifth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run, within the city limits, and to prescribe the length of time any street may be obstructed by cars standing thereon, and to require railroad companies either to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the council, be necessary, and to require street-railway cars to be provided with modern fenders, and to have warning or signal bells rung at all street crossings. Sixth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all amounts and claims against the city, and to allow or reject the same, or any part thereof. Seventh-To provide for the issuance of all licenses in this charter authorized, and to fix the amounts thereof, and to fix the time for, manner of, and terms for which the same shall be issued. Eighth-To make all appropriations, examine and audit, reject or allow, the accounts of all officers or other persons having the care or the custody of any city moneys or property, and to determine the fee or salaries of such office or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund herewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charter, by the said council, such debt, claim, or obligation shall be null and void as against the city, or any of its funds, but every councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed therefrom. Section 19e. The city council, among other things, shall have the power: First-To control, enlarge, or abolish cemeteries, and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located. Second-To establish, lay out, and to change fire limits, and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings and sheds in such limits; and regulate, prescribe, or prohibit awnings, porches, signs, placards, or billboards over sidewalks or cross streets, and to regulate the same throughout the city. |
City elections
Regulating speed of vehicles
To examine documents
Issuance of licenses
To make appropriations, contracts, etc.
Provisos
Cemeteries
Fire limits, etc. |
κ1935 Statutes of Nevada, Page 92 (CHAPTER 46, AB 146)κ
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Registration of city voters
City prison
Animals at large
Steam boilers, poles, wires, etc.
Unsafe buildings
Sewers
Fire escapes
Fire precautions
Nuisances |
buildings herein; to regulate and prescribe the material to be used in the construction of buildings and sheds in such limits; and regulate, prescribe, or prohibit awnings, porches, signs, placards, or billboards over sidewalks or cross streets, and to regulate the same throughout the city. Third-To provide by ordinance for a supplemental registration of all persons possessing the requisite qualifications of voter in said city, and whose names do not appear on the official register of voters in said city for the last preceding general election; such registration to be held every four years before the police judge and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be taken later than thirty days preceding any regular city election. Fourth-To provide and maintain a city prison and to provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners. Fifth-To prevent or regulate the running at large within the city, of any poultry, hogs, sheep, goats, swine, horses, cows or other animals; to establish a pound and to authorize the impounding, sale, or destruction of any animals or fowls found running at large. Sixth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric-light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks. Section 19f. The city council, among other things, shall have the power: First-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require owners or lessees of public buildings or buildings used for public purposes, including hotels, dancing halls, theater buildings, to place in or upon same fire escapes and appliances for protection against and the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stove pipes, ovens, and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter within the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, or debris; to compel the abating of nauseous, stinking, or foul privy vaults. |
κ1935 Statutes of Nevada, Page 93 (CHAPTER 46, AB 146)κ
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Second-To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in, or crowding or otherwise obstructing the aisles, entrances or exits of such places. Third-To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, ditches, signal bells, warning signs, and other electric, telegraph, and mechanical appliances, in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or extinguishment of fires; or permanently with the free use of the streets, sidewalks, or alleys. Fourth-To require every railroad and street railway company to keep the streets in repair between the tracks and along and within the distance of at least two feet upon each side of the tracks. Fifth-To require, upon such notice as the council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the council, in like manner, may require or cause any lots or portion of lots covered by stagnant water for any period to be filled up to such level as will prevent the same from being so covered, and may assess the costs of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for. Section 19g. The city council, among other things, shall have the power: First-To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures. Second-To restrain and punish vagrants, drunkards, disorderly persons, common prostitutes, mendicants, street beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms within the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise in the city. |
Public halls, etc.
Pipe lines, wires, etc.
Railways to repair streets
To abate nuisances
Weights and measures
To punish vagrancy, drunkenness, prostitution, etc. |
κ1935 Statutes of Nevada, Page 94 (CHAPTER 46, AB 146)κ
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To punish vagrancy, drunkenness, prostitution, etc.
To regulate water, light, and telephone charges
Lodginghouses
To protect public health, life, comfort and property
To employ competent supervisor; salary |
their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms within the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise in the city. Section 19h. The city council, among other things, shall have the power: First-To regulate the sale and use of water, gas, electric, and other lights in the city; to fix and determine the price thereof, as well as the rental price of all water, and gas, and electric-light meters in the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city. Second-To regulate lodging, tenement, and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and to require the same to be kept in sanitary condition. Third-To adopt and enforce, by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the council may, from time to time, deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any other duty, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary to fully carry out the intent, purposes, and object thereof. Fourth-To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person, from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance. |
κ1935 Statutes of Nevada, Page 95 (CHAPTER 46, AB 146)κ
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any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance. Fifth-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment. Sixth-To require of and prescribe the amount and conditions of official bonds from the members of the council and all officers of the city, whether elective or appointive. Section 19i. The city council, among other things, shall have the power: First-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay, as assessed by the council, his ratable proportion of the costs of paving, grading, or otherwise improving any street or building, any sidewalk or other improvement which benefits such property or owner thereof. Second-To hold, manage, use, and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues and demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of. Third-Any property, real or personal, necessary or required for the public use of the city may be condemned and appropriated in the manner now prescribed by law, and all rights of eminent domain may be exercised by the city in relation thereto. Fourth-Nothing herein contained shall be construed as authorizing or permitting the opening or extension of any street across or upon the lands within the boundaries of said city of Sparks occupied for railroad purposes by the Central Pacific railway company, or the Southern Pacific company, their successors or assigns, said lands being particularly described as follows, to wit: Commencing at a point which is the section corner common to sections Nos. 4, 5, 8, 9, township 19 north, range 20 east, Mount Diablo base and meridian, and running thence westerly along the north boundary line of said section No. 8, |
Fines for violation of city laws
Official bonds
To maintain all suits at law
To manage all city property
Condemnation for public use
Special provisions as to property of C. P. and S. P. R. R.
Description of railroad property |
κ1935 Statutes of Nevada, Page 96 (CHAPTER 46, AB 146)κ
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Description of railroad property |
line of said section No. 8, a distance of two hundred and forty-three (243) feet, more or less, to the northeastern corner of the townsite of Sparks, as shown on the townsite map recorded in the office of the county recorder of Washoe County on April 25, 1904, at request of the Southern Pacific company; running thence from said corner southerly at right angles along the eastern boundary line of said townsite of Sparks a distance of four hundred and twenty (420) feet to the southeast corner of said townsite of Sparks; thence at right angles westerly along the south boundary line of the said townsite of Sparks parallel with and distant four hundred and twenty (420) feet from the north boundary line of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along west boundary of the northeast quarter of said section No. 8, a distance of three hundred and forty-five (345) feet, more or less, to a point distant sixty-five (65) feet at right angles northerly from the center line of the reconstructed line of the Central Pacific railway as located and constructed; thence westerly to the right with an angle of 82 degrees and 24 minutes and parallel with and distant sixty-five (65) feet at right angles northerly from said center line, a distance of one thousand and twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No. 66 plus 80, a distance of three hundred and five (305) feet to a point; thence at right angles easterly two hundred (200) feet to a point; thence at right angles southerly one hundred and sixty (160) feet to a point which is distant four hundred (400) feet at right angles southerly from the center line of the said reconstructed Central Pacific railway; thence at right angles easterly parallel with and distant four hundred (400) feet at right angles southerly from said center line, a distance of eight hundred and eighty-eight (888) feet, more or less, to a point in the said west boundary of the southeast quarter of said section No. 8; thence southerly along said quarter-section line a distance of eighty-five (85) feet, more or less, to the southwest corner of the north one half of the northeast quarter of said section No. 8; thence east along the south boundary of the said north one half of the northeast quarter of section No. 8 and the south boundary of the north half of the northwest quarter of section No. 9 of said township and range, a distance of three thousand four hundred and sixty-five (3,465) feet, more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific railroad; then southeasterly parallel with said center line and distant at right angles fifty feet therefrom a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point on the east boundary line of northwest quarter of said section No. 9; |
κ1935 Statutes of Nevada, Page 97 (CHAPTER 46, AB 146)κ
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more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific railroad; then southeasterly parallel with said center line and distant at right angles fifty feet therefrom a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point on the east boundary line of northwest quarter of said section No. 9; thence north along said quarter-section line and crossing the said center line at engineer survey station No. 130 plus 33.15, a distance of one thousand and sixty-two (1,062) feet, more or less, to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence, northerly and parallel with the east line of said northwest quarter of section No. 9, four hundred and ninety-five (495) feet to a point in the north line of said section No. 9, township 19 north, range 20 east, M. D. M., thence west along said north line of said section No. 9, a distance of twenty-three hundred and eleven (2,311) feet, to the point of beginning, said parcel of land being all in said sections 8 and 9, township 19 north, range 20 east, Mount Diablo base and meridian. Section 19j. The city council of the city of Sparks, among other things, shall have power: To provide, by ordinance, for a pension fund and for the payment of pensions to employees of the city of Sparks who have been in the employ of said municipal government for a period of years to be determined by said council in said ordinance, and in the event said city council creates said pension fund, the said city council shall in said ordinance creating said fund, set aside annually not to exceed one percent of the taxes collected annually for general purposes in said city, for the creation of said pension fund; provided, that the money so set aside for said fund and not disbursed for said purposes may be invested by the said city of Sparks in its own bonds or in an interest savings account in a bank in the city of Sparks. Sec. 8. Section 20 of the above-entitled act is hereby amended to read as follows: Section 20. There shall be a city clerk who shall be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of said city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise especially provided for. He shall be clerk of the council, attend all its meetings, whether regular or special, and record all its proceedings, and shall audit all claims against the city. He shall record in a journal, all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk. |
Description of railroad property
To provide pension fund for employees
City clerk; duties of |
κ1935 Statutes of Nevada, Page 98 (CHAPTER 46, AB 146)κ
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City clerk; duties of
City attorney
Police judge
Chief of police; duties of |
under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima-facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office, at least once each month or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for the services performed ex officio, such salary as may be prescribed by the council, not exceeding eighteen hundred ($1,800) dollars per annum; provided, that such salary, when fixed, shall not be changed so as to increase the same oftener than once every four (4) years. Sec. 9. Section 22 of the above-entitled act is hereby amended to read as follows: Section 22. There shall be a city attorney, who shall be elected by the qualified electors of the city at each general city election, and he shall hold office for the term of four (4) years and until his successor shall have been duly elected and qualified. No person not a licensed and practicing attorney of the supreme court of this state, in good standing at the bar, a bona fide resident of the city and a taxpayer therein, shall be eligible to the office of city attorney. Sec. 10. Section 29 of the above-entitled act is hereby amended to read as follows: Section 29. The police judge shall receive such salary as may be provided by ordinance, not exceeding six hundred dollars per annum; provided, that such salary, when fixed, shall not be changed so as to increase the same oftener than once every four (4) years. Sec. 11. Section 34 of the above-entitled act is hereby amended to read as follows: Section 34. The chief of police shall execute all process issuing from the police court. In his absence or inability to act a chief deputy may act. The chief of police shall, before entering upon the discharge of his duties, furnish a bond to the city, which bond shall apply in like manner to any deputy acting in his stead. Said bond shall be in a sum and conditioned as the council shall require, and be approved by the council. The duties of the chief of police and ex officio chief of the fire department may be more fully defined and provided for by such ordinances as the council may from time to time enact. |
κ1935 Statutes of Nevada, Page 99 (CHAPTER 46, AB 146)κ
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may from time to time enact. The chief of police shall receive such salary or compensation as the council shall by ordinance prescribe; provided, that such salary when fixed shall not be changed, so as to increase the same, oftener than once every four (4) years. Sec. 12. Section 37 of the above-entitled act is hereby amended to read as follows: Section 37. All taxes collected under or by virtue of this charter, or of any ordinance of the city, shall be paid to the county treasurer of the county of Washoe at the same time as payment of taxes for state and county purposes is made; provided, that nothing herein shall be so construed as to require payment of any license taxes to said county treasurer. The county treasurer of Washoe County shall receive said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided. The county treasurer shall render a statement to the city treasurer of the moneys and the amount thereof so received by him, as often as he shall be required so to do by resolution of the council, duly passed, certified to under the seal of the city by the clerk, and served upon the county auditor, who shall draw his warrant for the full amount, and the said county treasurer shall safely transmit and deliver into the treasury of the city all moneys so collected and received by him, or so much thereof as shall be called for by the resolution aforesaid, and shall thereupon take the receipt of said city treasurer therefor. All such moneys shall be placed in the funds of the city. After the receipt by the city treasurer of such funds as may be called for in the resolution above referred to, and at the next regular council meeting after demand has been made upon the county treasurer therefor, the council shall ascertain the amount that must be paid out of the funds thus received, for bond interest and bond retirement, prior to the due date of the next tax apportionment; whether the same be quarterly, semiannually, or annually; and out of said funds thus received the city council shall direct the payment of due bonds and interest; and when such amount has been ascertained, the city council shall order a sufficient amount of said funds to fully cover the same, to be deposited in a special fund to be known as the Sparks Bond Redemption Fund, and the funds thus segregated shall be used only for the purpose of paying bond interest and maturing bonds; and shall not be subject to any other use, or to any judicial process, attachment or execution. The remainder of said funds shall be deposited in the fund to be known as the Sparks General Fund, and shall be so kept until used for general city purposes, and paid out upon proper warrants; provided, that the city council may, in its discretion, set apart any surplus moneys in said Sparks General Fund to the Sparks Bond Redemption Fund, which shall be used for bond interest and bond principal redemptions; for bonds now issued, or for those to be issued, and which are secured by the full faith and credit of the property within the city. |
Disposition of taxes upon collection |
κ1935 Statutes of Nevada, Page 100 (CHAPTER 46, AB 146)κ
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Disposition of taxes upon collection
Council may create bonded indebtedness
Publication of intention |
and paid out upon proper warrants; provided, that the city council may, in its discretion, set apart any surplus moneys in said Sparks General Fund to the Sparks Bond Redemption Fund, which shall be used for bond interest and bond principal redemptions; for bonds now issued, or for those to be issued, and which are secured by the full faith and credit of the property within the city. Nothing herein contained, however, shall be construed to prevent the city council, in its discretion, from creating a sinking fund out of any surplus tax moneys, to care for any long-term public improvement, or other public work or project. When the council shall decide to set any surplus moneys aside in a public fund, they shall so declare by resolution, defining the objects and purposes of the said fund, and when once set aside said fund shall be used only for the purpose for which it was expressly and especially appropriated. Sec. 13. Section 54 of the above-entitled act is hereby amended to read as follows: Section 54. The council shall have the power by ordinance to grant any franchise or create any city or municipal bonded indebtedness, but no ordinance for such purpose or purposes shall be valid or effective for any purpose unless the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed bonded indebtedness, the terms, amount, rate of interest and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the two weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the bonds, or the granting of the franchise as the case may be; provided, that such bonds shall be issued or municipal indebtedness created, or franchise granted, as the case may be, only on the same terms and conditions in all respects as expressed in the resolution as published, otherwise such ordinance shall be null and void; and provided further, that the council shall dispose of said bonds or franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city. Sec. 14. Section 55 of the above-entitled act is hereby amended to read as follows: Section 55. The ordinance passed, as in the preceding section provided for, shall be valid to all intents and purposes as other ordinances fully and legally passed by the council, and any municipal bonded indebtedness created, bonds issued or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twelve days from the date of the first publication of the resolution mentioned in the preceding section, a petition signed by not less than one hundred residents and taxpayers in said city, representing not less than one tenth of the taxable property of said city, according to the next preceding assessment roll, shall be presented to the council, praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the council to call a special election as soon as practicable; and notice shall be given in some newspaper published in the city or county, which notice shall refer to the resolution hereinbefore mentioned; and the notice shall be published at least three (3) times during the period of the two weeks preceding such election. |
κ1935 Statutes of Nevada, Page 101 (CHAPTER 46, AB 146)κ
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section provided for, shall be valid to all intents and purposes as other ordinances fully and legally passed by the council, and any municipal bonded indebtedness created, bonds issued or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twelve days from the date of the first publication of the resolution mentioned in the preceding section, a petition signed by not less than one hundred residents and taxpayers in said city, representing not less than one tenth of the taxable property of said city, according to the next preceding assessment roll, shall be presented to the council, praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the council to call a special election as soon as practicable; and notice shall be given in some newspaper published in the city or county, which notice shall refer to the resolution hereinbefore mentioned; and the notice shall be published at least three (3) times during the period of the two weeks preceding such election. The council shall in due time make provision for holding such special election, and the city clerk shall prepare, at the expense of the city, suitably printed stationery for use as ballots which shall contain the words For the ordinance and the words Against the ordinance, and such ballots shall present the question to be voted upon to the voters in substantially the following form: Shall the city council of the city of Sparks pass an ordinance authorizing a bond issue in the sum of $................, for the purpose of defraying the expenses of (stating briefly the objects of the ordinance). A taxpayer, for the purposes of this section, is hereby declared to be a person who pays a real property tax or a personal property tax upon property located within the city. The council shall canvass and declare the result, and if such proposed ordinance be carried as above provided, that fact shall be proclaimed by the council publishing a notice to that effect for two publications during the period of the week immediately succeeding the canvassing of the vote, and thereupon such ordinance may be passed by the council and signed by the mayor and thenceforth be in full force and effect. Sec. 15. Section 56 of the above-entitled act is hereby amended to read as follows: Section 56. The first municipal election in said city shall be held on the first Tuesday after the first Monday in May, 1905, and on the same day every four years thereafter, at which time there shall be elected one mayor, one city clerk, and one city attorney, by the qualified electors of said city at large; and five councilmen, as hereinbefore provided, each of whom shall be elected by the qualified electors residing in their respective wards. |
Provisions as to section 54
Petitions
Special election
Notice to be published
Ballots, what to contain
Form of ballot
Taxpayer defined
Publication of result
First municipal election; future elections |
κ1935 Statutes of Nevada, Page 102 (CHAPTER 46, AB 146)κ
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General election laws to govern
Repeal
In effect |
each of whom shall be elected by the qualified electors residing in their respective wards. All elections held under this charter shall be governed by the provisions of the general election laws of the state so far as the same can be made applicable. The conduct and carrying on of all city elections, except the first, shall be under the control of the council, and they shall, by ordinance, provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things necessary to carry the same into effect. Sec. 16. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 17. This act shall take effect immediately upon its passage and approval. |
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Appropriation for use of stock commission
Manner of payment |
[Senate Bill No. 52Committee on Livestock]
Chap. 47An Act making an appropriation to assist the state board of stock commissioners in combating certain livestock diseases constituting a menace to the public health.
[Approved March 15, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of ten thousand ($10,000) dollars, to be expended by the state board of stock commissioners, during the biennium beginning July 1, 1935, for the better control and eradication of tuberculosis, Bangs disease, or any other disease of livestock, communicable to human beings, in cooperation with the United States bureau of animal industry, or otherwise. Sec. 2. Any claims against this appropriation shall be audited and approved by the state board of stock commissioners and forwarded to the state board of examiners for approval and payment in the manner provided by law. |
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κ1935 Statutes of Nevada, Page 103κ
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[Senate Bill No. 113Senator Burt]
Chap. 48An Act authorizing the construction and completion of an extension to water mains for the town of Caliente, Lincoln County, Nevada, the issuance and sale of bonds therefor, the levy and collection of taxes for the payment thereof, and other matters relating thereto.
[Approved March 15, 1935]
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 Lincoln is authorized and directed to prepare, issue, and sell negotiable coupon bonds of the town of Caliente in said county for an amount not exceeding $15,000, exclusive of interest, for the purpose of providing funds for the extension to water mains. Said bonds shall be named Town of Caliente Water Main Extension Bonds. Sec. 2. Said bonds shall be prepared in denominations of $500 and shall be numbered consecutively. They shall be made payable in lawful money 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 the 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 money at a rate not exceeding 4 per centum per annum, payable annually on the first Monday in January. 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 twenty years. Sec. 3. The board of county commissioners 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. 4. The said board of county commissioners 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 Caliente Water Main Extension Fund, and who shall pay out of the same for the acquisition, installment, management, and control of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners acting as a town board. |
$15,000 bond issue for extension water mains town of Caliente
Denomination of bonds
Rate of interest
County commissioners to negotiate sale of bonds
Proceeds to go to certain fund |
κ1935 Statutes of Nevada, Page 104 (CHAPTER 48, SB 113)κ
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Tax levy to pay interest and redeem bonds
Tax shall cease, when
Treasurer to redeem and cancel bonds
Faith of state pledged |
out of the same for the acquisition, installment, management, and control of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners acting as a town board. Sec. 5. To provide for the payment of said bonds and the interest thereon, the board of county commissioners shall levy and collect annually a special tax on the assessed value of all property, both real and personal, subject to taxation, including proceeds of mines, within the boundaries of said town of Caliente 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 the bond number one, and consecutively thereafter at least one-twentieth of the total number of bonds issued under this act, annually on the first Monday in January, 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 Caliente Public Utility 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 Caliente. Sec. 6. 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 Caliente public utilities 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. 7. 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. |
κ1935 Statutes of Nevada, Page 105 (CHAPTER 48, SB 113)κ
|
hereunder and by virtue hereof shall have been paid in full, as in this act specified. Sec. 8. 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, 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 as soon as conditions will permit. The systems herein provided for shall be deemed public uses authorized by the legislature such as are assisted by the principle of eminent domain. Sec. 9. This act shall become effective from and after its passage and approval. |
Provisions of existing law to govern
In effect |
________
|
[Senate Bill No. 41Senator Robbins]
Chap. 49An Act to amend section 40 of an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation of their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, approved March 15, 1913, and all acts amendatory thereof and supplemental thereto, and being section 2721 Nevada Compiled Laws 1929.
[Approved March 16, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 40 of an act entitled An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act, being section 2721 N. C. L., is hereby amended so as to read as follows: |
Workmens compensation act amended |
κ1935 Statutes of Nevada, Page 106 (CHAPTER 49, SB 41)κ
|
State insurance fund
Duties of auditor
State treasurer custodian
Commission to designate depositaries
Revolving fund created
Trust fund created |
Section 40. (a) The premiums, contributions, penalties, properties and securities paid, collected or acquired by the operation of this act shall constitute a fund to be known as the State Insurance Fund. All disbursements from the state insurance fund shall be paid by the state treasurer upon warrants or vouchers of the Nevada industrial commission authorized by the majority of the commission and signed by one member of the commission and countersigned by the auditor of said commission. The auditor of said commission shall be required to furnish a good and sufficient bond in an amount determined by the commission and which bond shall be approved by the governor and attorney-general. The state treasurer shall be liable on his official bond for the faithful performance of his duty as custodian of the state insurance fund. The State of Nevada shall not be liable for the payment of any compensation or any salaries or expenses in the administration of this act, save and except from the state insurance fund, but shall be responsible for the safety and preservation of the state insurance fund. The Nevada industrial commission may by resolution approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, in writing, designate a bank or banks as collection depositaries, and may deposit therewith, with or without interest, for collection all premiums, contributions, penalties, properties or securities paid to or collected or acquired by the commission, and such collection depositaries shall be required to furnish security for such deposits in the full amount thereof as hereinafter provided. All the proceeds of such collections, except as hereinafter provided, shall be transferred from such depositaries to the state treasurer by the Nevada industrial commission; provided, that the commission by resolution, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, in writing, may establish and maintain a petty cash or revolving fund to be retained in the possession of the commission or the auditor thereof. Such revolving fund shall never exceed three thousand dollars ($3,000), and shall be used for the payment of current administrative expenses, excluding compensation. The members of the commission shall be liable on their respective official bonds for the safety of such petty cash or revolving fund. It is further provided, that a sum of fifty thousand dollars ($50,000) in the aggregate may be regularly maintained on deposit in all the collection depositary banks, and not subject to transfer to the state treasurer. Such fund kept currently on deposit shall be used for the transaction of the ordinary business and functions of the Nevada industrial commission in administering the Nevada industrial insurance act. |
κ1935 Statutes of Nevada, Page 107 (CHAPTER 49, SB 41)κ
|
functions of the Nevada industrial commission in administering the Nevada industrial insurance act. Such fund shall be and be called a trust fund, and shall not be removed or drawn upon except on checks or drafts of the Nevada industrial commission authorized by a majority of the commission and signed by at least one member of the commission and countersigned by the auditor of the commission, and made payable to the state treasurer of Nevada for the state insurance fund. The security to be deposited with the state treasurer by any bank for any premiums, contributions, penalties, or securities, and for any part of the state insurance fund deposited for collection or otherwise by the commission, shall consist of the following: Bonds of the United States, bonds the payment of which is guaranteed by the United States, certificates issued under the authority of the United States, bonds of this state or any state in the union, bonds, notes or warrants of any county within any state, or bonds or warrants of any municipality, school district, irrigation or drainage district, or political subdivision of and in this state. Such security shall at all times be in an amount to be determined by the said industrial commission and approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, but not less than the sums secured, and shall be approved in writing by the Nevada industrial commission and the governor, state treasurer, and state controller, two of whom shall constitute a majority, and shall be deposited and kept deposited with the state treasurer of Nevada. The agreement of security made and deposited with such securities shall inure to the Nevada industrial commission, the state treasurer of Nevada, and for the use and benefit of the state insurance fund, and shall permit withdrawal, substitution, and requirement of additional security, upon written approval of the Nevada industrial commission and the state treasurer; provided, deposits must at all times be kept fully secured. (b) The Nevada industrial commission may, pursuant to a resolution of the commission, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, invest any of the surplus or reserve of said fund in bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, in the bonds of this or other states, in the bonds of any county of the State of Nevada, or other states, in bonds of incorporated cities, irrigation and drainage districts, and school districts of the State of Nevada. The commission shall make due and diligent inquiry as to the financial standing of the state or states, county or counties, city or cities, school district or school districts, and irrigation or drainage district or districts, whose bonds or securities it proposes to purchase, and shall also require the attorney-general to give his legal opinion in writing as to the validity of any act or acts of any state or county or city or school district, irrigation or drainage district under which such bonds are issued. |
Securities to protect fund designated
Surplus or reserve fund to be invested |
κ1935 Statutes of Nevada, Page 108 (CHAPTER 49, SB 41)κ
|
Duties of state treasurer as custodian
Securities may be disposed of
May deposit funds in state banks at interest |
financial standing of the state or states, county or counties, city or cities, school district or school districts, and irrigation or drainage district or districts, whose bonds or securities it proposes to purchase, and shall also require the attorney-general to give his legal opinion in writing as to the validity of any act or acts of any state or county or city or school district, irrigation or drainage district under which such bonds are issued. All such bonds or securities shall be placed in the hands of the state treasurer, who shall be the custodian thereof. He shall collect the principal and interest thereon when due, and pay the same into the state insurance fund. He shall notify the Nevada industrial commission of the amounts so paid into the state insurance fund, giving full details of the transaction. The state treasurer shall pay all vouchers drawn on the state insurance fund for the making of such investments, when signed by a member of the commission and countersigned by the commission auditor, upon delivery of such bonds or securities to him when there is attached to such vouchers a copy of the resolution of the commission authorizing the investment, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, said copy to be certified by the secretary of the commission under seal of the commission. The commission may, at any time upon its resolution, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, sell or otherwise dispose of any of the bonds or securities so purchased. (c) The state treasurer may, upon written authority of the Nevada industrial commission, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, deposit not to exceed twenty-five percent (25%) of the reserve and surplus of said insurance fund in a bank or banks in the State of Nevada, upon interest at not less than the prevailing and current rate paid in Nevada upon savings accounts by banks; provided, however, that such bank or banks shall deposit with the state treasurer bonds of the United States or other securities in which funds of the state insurance fund are authorized to be invested as provided in subdivision (b) hereof, in an amount, market value, sufficient to protect and guarantee the said depositor against any loss by reason of the failure or suspension of said bank, or loss from any other cause. The amount of the security to be deposited and the fair value of the bonds deposited shall be determined and fixed by the said commission and treasurer, and approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, but in no event shall the value of the bonds deposited be less than the sum deposited in the particular bank. |
κ1935 Statutes of Nevada, Page 109 (CHAPTER 49, SB 41)κ
|
bank. Interest earned by such portion of the state insurance fund which may be so deposited in any bank or banks, as herein provided, shall be placed to the credit of the state insurance fund. (d) Each member of the commission, before entering upon the duties of his office, shall give a good and sufficient bond running to the State of Nevada, and shall take the oath prescribed by the constitution, in the penal sum of ten thousand dollars ($10,000), conditioned that he shall fully and faithfully discharge the duties of his office; said bonds shall be given by the state pursuant to that certain act entitled: An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith, approved March 20, 1933, or by two or more individuals as surety or sureties; shall be subject to approval by the governor, and shall then be filed with the secretary of state. The premium therefor shall be paid out of the state insurance fund as other expenses of the commission are paid. (e) The commission shall have a seal upon which shall be inscribed the words Nevada Industrial Commission-State of Nevada. Its seal shall be fixed to all orders, proceedings, and copies thereof, and to such other instruments as the commission may direct. All courts shall take judicial notice of such seal, and any copy of any record or proceeding of the commission certified under such seal shall be received in all courts as evidence of the original thereof. (f) Whenever any bank wherein funds are deposited as hereinbefore provided shall fail to pay on written demand the entire balance due in said deposit, within forty-eight hours after demand is made, the state treasurer, as the holder of any bonds and securities herein referred to and provided, shall within thirty days thereafter convert into cash so much of said bonds and securities, including interest, as may be necessary to pay the amount deposited, together with interest as agreed, including costs, and to disburse the proceeds according to law, returning any surplus to the depositary or its legal representative, and, if there be a deficiency, reserving right to file claim for same. At any sale under the provisions of this act the Nevada industrial commission may bid for and purchase the bonds offered for sale whenever such bonds or securities be legal investments for commission funds or whenever it be deemed necessary so to do by said commission, or the state treasurer, to purchase any such securities in order to protect the best interests of the state insurance fund. |
Commissioners to give bond
State to furnish bond
Seal of commission
Procedure if bank unable to pay |
κ1935 Statutes of Nevada, Page 110 (CHAPTER 49, SB 41)κ
|
Reinsurance Repeal
In effect |
(g) The commission may arrange for such reinsurance as, in its opinion, will properly protect the state insurance fund in case of a catastrophe. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage and approval. |
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Card index to be kept
Form of registry card |
[Assembly Bill No. 18Mr. Renfro]
Chap. 50An Act to amend an act entitled An act regulating the registration of electors for general, special, and primary elections, approved March 27, 1917, together with the acts amendatory thereof or supplemental thereto.
[Approved March 16, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act, being section 2368 N. C. L. 1929, is hereby amended to read as follows: Section 9. A card index of each registered elector shall be kept and the county clerk of such county shall at all times have the custody of such index and be responsible for the safe-keeping thereof. The cards shall be four by six inches in size, of white calendared stock, and shall be substantially in the following form: (Face)
_________________________________________________________________ Number. Date. Name. Sex. _________________________________________________________________ Where born. Age. Height, ft. in. Occupation. _________________________________________________________________ Naturalized when. Where. _________________________________________________________________ Residence. Post office. _________________________________________________________________ Length of time in precinct. Ward. School district. _________________________________________________________________ State. County. City. _________________________________________________________________ Date canceled. Date registered. Disability, if any. Place where last registered........................................................................................................ My political affiliations are with the .party.
.., being duly sworn, says: I am the elector whose name appears on the face of this card; the several statements thereon contained affecting my qualifications as an elector are true; |
κ1935 Statutes of Nevada, Page 111 (CHAPTER 50, AB 18)κ
|
several statements thereon contained affecting my qualifications as an elector are true; I am able to mark my ballot (or I am unable to mark my ballot by reason of the physical disabilities on this card specified), and I am not registered elsewhere within the State of Nevada, and claim no right to vote elsewhere than in the precinct on this card specified; I believe generally in the principles of the .party, and intend generally to support its principles and candidates at the ensuing general election; I have not affiliated or enrolled with or participated in any primary election or convention of any other political party since the first day of January last; and I register as a .in good faith and not for the purpose of merely aiding in the nomination of any particular candidate or candidates; so help me God. ..................................................................................................................................... Subscribed and sworn to before me this .. day of .., 19 . (Back)
., being duly sworn on oath, says: I am the elector named on the face of this card; I am a naturalized citizen of the United States; my certificate of naturalization is lost or destroyed, or beyond my present reach, and I have no certified copy thereof; I came to the United States in the year ..; I was admitted to citizenship in the state (or territory) of ., county of .., by the .court during the year , I last saw my certificate of naturalization, or certified copy thereof at . ..................................................................................................................................... Subscribed and sworn to before me this .. day of .., 19 . ............................................................................................... Registrar. Sec. 2. Section 11 of the above-entitled act, being section 2370 N. C. L. 1929, is hereby amended to read as follows: Section 11. Before the opening of registration for any election, the county clerk shall prepare a list of the persons whose names remain on the official register of each precinct, except the precincts at the county seat of the county, and send such list to the deputy registrar of such precinct. Said list shall consist of the name of the person registered and the political affiliation designated on his registration card then on file in the office of the county clerk, or the fact that no political affiliation is designated, as the case may be. |
Form of registry card
County clerk to prepare list of registered voters for deputy registrars |
κ1935 Statutes of Nevada, Page 112 (CHAPTER 50, AB 18)κ
|
Time for registration
Classification of registry cards
Certificate for voter engaged in transportation business |
Registration offices shall be open for registration of voters for any primary or general election, Sunday and legal holidays excepted, from and after the first day of May in any general election year, except as otherwise provided in this act, up to the twentieth day next preceding such election, and between the hours of 9 a. m. and 5 p. m.; provided, that the office of the county clerk, as ex officio registrar, shall be open for registration of voters for any election, other than a primary or general election, for not more than 60 days nor less than 20 days prior to the date of such election, at such times as said office is open for the transaction of his business as county clerk; provided further, that during the ten days previous to the close of registration the registration office shall be open evenings until 9 p. m. Registry cards shall be numbered consecutively in the order of their receipt at the office of the county clerk. The county clerk shall classify registry cards according to the precinct in which the several electors reside, and shall arrange the cards in such precinct alphabetically in order. The cards for each precinct shall be kept in a separate filing case or drawer which shall be marked with the number of the precinct. Such card index shall constitute the official register. Sec. 3. Section 15 of the above-entitled act, being section 2374 N. C. L. 1929, is hereby amended to read as follows: Section 15. Any registered elector employed in moving trains, stages, or U. S. mail upon any of the transportation routes in this state may apply to the county clerk, at any time prior to the delivery of the certified copy of the register to the inspectors of election, to have his name taken off the official register and to receive from the county clerk a certificate of transfer. Such certificate shall be in form similar to the registration card, and contain all the information set forth upon such card. If it appear that he is entitled to such certificate he shall receive same. Upon presenting such certificate at any time not later than one hour prior to the closing of the polls, to the inspectors of election, in any precinct on the railroad, stage line, or transportation route on which he is employed, including the precinct in which he originally registered, the certificate mentioned above, together with his written affidavit, which shall be subscribed and sworn to before any of the inspectors of election, stating that he was so suddenly called away or detained by the transportation business in which he is employed that he did not have time to vote in the precinct in which he was originally registered, or to register under his transfer in that or any other precinct before the delivery of the certified copy of the register to the inspectors of election, the inspectors of election shall accept and file the certificate and affidavit, and shall cause the name of the elector to be entered upon the poll-list with the following remarks: Elector allowed to vote upon presentation of certificate and affidavit on election day, and shall thereupon allow the elector to vote, the same as if his name had originally appeared upon the register. |
κ1935 Statutes of Nevada, Page 113 (CHAPTER 50, AB 18)κ
|
elector to be entered upon the poll-list with the following remarks: Elector allowed to vote upon presentation of certificate and affidavit on election day, and shall thereupon allow the elector to vote, the same as if his name had originally appeared upon the register. The county clerk shall compare the signature of the elector upon such request with the signature upon the registry card of the elector indicated and may question the elector as to any information contained upon such registry card, and if the county clerk is satisfied concerning the identification of the elector and his right to have such transfer made, he shall endorse upon the registry card of such elector the date of the transfer and the precinct to which transferred, and shall file said card in the register of the precinct of the electors present residence, and the county clerk shall make transfers of electors name, together with all necessary data connected therewith, to the proper precinct in the register. Sec. 4. Section 17 of the above-entitled act, being section 2376 N. C. L. 1929, is hereby amended to read as follows: Section 17. The county clerk shall close all registration for the full period of twenty days prior to any election. Within three days after the closing of registration he shall transmit to the secretary of state a statement showing the number of voters registered in said county, approximating the number of registry cards not yet received at his office. The county clerk of each county must cause to be published in newspapers published within his county and having a general circulation therein, a notice signed by him to the effect that such registration will be closed on the day provided by law, specifying such day in such notice, and stating that electors may register for the ensuing election by appearing before the county clerk at his office or by appearing before a deputy registrar in the manner provided by law. The publication of such notice must continue for a full period of thirty days next preceding the close of registration for any election. At least fifteen days before the time when the register is closed for any election, the county clerk shall cause to be posted, in not less than five conspicuous places in each voting precinct, outside of incorporated cities, a copy of such election notice, stating the time when the official register will close for such election. Sec. 5. Section 18 of the above-entitled act, being section 2377 N. C. L. 1929, is hereby amended to read as follows: Section 18. The county clerk shall, at least ten days preceding any election, cause to be printed or written lists of all electors registered and entitled to vote in the individual precincts of such county, and shall forthwith forward to the secretary of state a full, true and correct list of all registered voters with their post-office addresses. |
May vote at any one of certain precincts
Duties of county clerk
Registration closed 20 days prior to any election
Registry lists to be prepared by county clerk |
κ1935 Statutes of Nevada, Page 114 (CHAPTER 50, AB 18)κ
|
Printing of lists charge against county
Limit as to cost
Precinct register, what to exhibit
Action when name is erroneously omitted from register |
registered voters with their post-office addresses. Such lists of registered electors shall contain the names of the electors in full. The expense of printing or writing said lists shall be paid by the county in which the election is held. The county clerk shall cause to be posted, not less than eight days before any election, not less than five copies of such written or printed registry lists in not less than five conspicuous places within the proper precincts, outside of incorporated cities; provided, that the printing or writing shall cost not to exceed five cents per folio for the printed or written matter of such lists and not to exceed six dollars per thousand for printed or written copies thereof. He shall cause to be published in not to exceed two papers published in different parts of the county, for one insertion, a complete list of all the registered voters of said county, segregated by the precincts; provided, that the cost to the county shall not exceed five cents per name to each newspaper publishing such notice. He shall furnish to any qualified elector applying therefor copies of any precinct or county lists at a charge of not to exceed ten cents per folio therefor. Sec. 6. Section 19 of the above-entitled act, being section 2378 N. C. L. 1929, is hereby amended to read as follows: Section 19. During the time intervening between the closing of the official register and five days before the ensuing election, the county clerk shall prepare for each precinct, a book to be known as the precinct register. Said precinct register shall be arranged for the listing of the names of electors in alphabetical order, and opposite each name in ruled columns with appropriate headings shall appear the following information: Name, address, ballot number, voted, register number, politics, and sex. The precinct register so prepared shall be delivered to the judges of election prior to the opening of the polls in each precinct. Where the precincts in municipal elections or in elections in school districts of the first-class include more than one county precinct, the county clerk shall combine into one precinct register the names of all electors in the several precinct registers of the precincts of which such municipal or school district precinct is composed. Sec. 7. Section 27 of the above-entitled act, being section 2386 N. C. L. 1929, is hereby amended to read as follows: Section 27. Any elector whose name is erroneously omitted from any precinct register may apply for and secure from the county clerk a certificate of such error, stating the precinct in which such elector is entitled to vote, and upon the presentation of such certificate to the judges of election in such precinct, the said elector shall be entitled to vote in the same manner as if his name had appeared upon the precinct register. Such certificate shall be marked Voted by the judges and shall be returned by them with the precinct register. |
κ1935 Statutes of Nevada, Page 115 (CHAPTER 50, AB 18)κ
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the judges and shall be returned by them with the precinct register. Sec. 8. All acts or parts of acts in conflict with this act are hereby repealed. Sec. 9. This act shall take effect from and after its passage and approval. |
Repeal In effect |
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[Assembly Bill No. 180Messrs. Parker and Henrichs]
Chap. 51An Act to amend an act entitled An act to incorporate the town of Yerington, in Lyon County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1907, by adding thereto a new section to be known as section 54 1/2.
[Approved March 16, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act is hereby amended by adding thereto a section to be known as section 54 1/2, which said section shall read as follows: Section 54 1/2. The council shall have the power, by ordinance, to take up and refund the bonds of the city of Yerington, either before or after maturity, issued for public improvements, or for any other purpose, including all accrued interest thereon; provided, however, that no refunding bond shall in anywise alter the obligation and terms of the original bond to be refunded, other than by an extension of the date of maturity thereof. The council shall have power to refund the entire issue of any bond, or any one or more series of any one issue; provided, however, that such fact or facts must appear in the ordinance herein required to be enacted by the council. The city council is authorized to exchange such refunding bonds for the bonds sought to be refunded thereby, and shall not be required to offer the same for sale nor to sell the same to the highest or the best bidder, or to any bidder therefor. Sec. 2. This act shall become effective immediately after its passage and approval. |
City council may refund bonds
In effect |
________
κ1935 Statutes of Nevada, Page 116κ
|
Title of act amended
Creation of bond trust fund
State, county and irrigation districts to apply to state for surety |
[Assembly Bill No. 176Committee on Irrigation]
Chap. 52An Act to amend the title and sections 1, 3, 4, 6, 7, 9, 10, and 11 of an act entitled An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith, approved March 20, 1933.
[Approved March 16, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of the aforesaid act, being chapter 124, Statutes 1933, 161, is hereby amended to read as follows: An act to provide against losses to the state, its respective counties, and its irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for state, county and irrigation district officials, establishing a fund therefor, and other matters relating thereto. Sec. 2. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. There is hereby created a fund to be known as the bond trust fund. The purpose of this fund is to assure the State of Nevada, the several counties and irrigation districts thereof, against loss through defalcation, misappropriation of state funds, county funds, and irrigation district funds, or other wrongful acts of state, county, or irrigation district officials, whose official duties have to do with the handling of funds of the state, counties, or irrigation districts, and who are required by law to furnish personal or surety bonds. Sec. 3. Section 3 of the above-entitled act is hereby amended to read as follows: Section 3. Every state, county, and irrigation district official required by law in his official capacity to furnish surety bond, shall apply to the state board of examiners for surety. If, upon investigation, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the said board shall issue to him a surety bond patterned according to instruments of this nature and to meet the provisions of this act. This bond shall have full force and effect as a surety, and shall serve all purposes of bonds required by statutes from state, county, or irrigation district officials. |
κ1935 Statutes of Nevada, Page 117 (CHAPTER 52, AB 176)κ
|
of bonds required by statutes from state, county, or irrigation district officials. Sec. 4. Section 4 of the above-entitled act is hereby amended to read as follows: Section 4. In the case of county officials each county shall pay from the county general fund into the state treasury, at the rate of five dollars per thousand annually, premiums on all such surety bonds issued to its officials. In the case of state officials, the state shall pay, from the state general fund, into the state treasury, at the rate of five dollars per thousand annually, premiums on surety bonds issued to its officials. In case of irrigation district officials, the irrigation district shall pay from its general fund into the state treasury at the rate of five dollars per thousand annually premiums on all such surety bonds issued to its officials. Sec. 5. Section 6 of the above-entitled act is hereby amended to read as follows: Section 6. The faith of the state is pledged to the provisions of all surety bonds which may be issued or undertaken under this act, and in cases of loss to the state, county, or irrigation district under circumstances to which its surety bonds are conditioned, the state is charged with the responsibility of making restitution to any funds suffering loss up to the full amount specified in the surety bond. Sec. 6. Section 7 of the above-entitled act is hereby amended to read as follows: Section 7. Losses to counties which might occur from defalcation, misappropriation, or other wrongful act on the part of a county official, shall be reported by the district attorney of that county to the state board of examiners. In the case of the state, any losses shall be reported to said board by the attorney-general. In the case of any irrigation district, any losses shall be reported to said board by the board of directors of the irrigation district. In either case the state board of examiners shall require the state auditor to make a full investigation and render a written report, and if from such report the state board of examiners determines that the loss comes under the conditions of the surety bond, the board shall order that restitution be made in the following manner, to wit: If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on that fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay such warrant. In case there are insufficient funds in the bond trust fund to cover the loss, then the state controller shall draw a warrant for the full amount in that fund for the purpose of making restitution in part, and he shall report the condition of the fund to the governor, who shall take the necessary steps to have it included in the budget, and report to the next succeeding legislature. |
Who to pay premiums
Faith of state pledged
Procedure in case of loss
Duties of state controller and treasurer |
κ1935 Statutes of Nevada, Page 118 (CHAPTER 52, AB 176)κ
|
State board of examiners to keep record
Officials civilly liable for funds committed to their care |
the state controller shall draw a warrant for the full amount in that fund for the purpose of making restitution in part, and he shall report the condition of the fund to the governor, who shall take the necessary steps to have it included in the budget, and report to the next succeeding legislature. When the balance is thus secured the restitution shall be completed. Sec. 7. Section 9 of the above-entitled act is hereby amended to read as follows: Section 9. The state board of examiners shall keep an accurate record of all surety bonds issued, and cause them to be filed with the county clerks of the respective counties of county officials, and with the secretary of state for state and irrigation district officials, together with a complete financial statement of applicant. These statements shall be filed by officials when application is made for surety, and shall be renewed on or about the first day of January of each year. Sec. 8. Section 10 of the above-entitled act is hereby amended to read as follows: Section 10. If any official shall default, misappropriate, or otherwise be responsible for loss of funds committed to his care, he shall be civilly liable for the amount thereof in an action to be prosecuted by the district attorneys in cases of county officials, and by the attorney-general in cases of state and irrigation district officials, and the state, county, and irrigation district, as the case may be, shall have a lien on all real or personal property, not exempt from execution, of any such official against whom such an action shall be brought for default, misappropriation or other violation of the conditions of his surety bond given under the provisions of this act, and such lien shall become effective upon the execution of such surety bonds by said state, county, and irrigation district officials, and shall take precedence over any other unrecorded lien or encumbrance. Upon judgment being entered in favor of the state, county, or irrigation district, all property owned, either legally or equitably, by the state, county, or irrigation district official violating any condition of such bonds, not exempt from execution, or so much thereof as may be necessary to cover the amount of the judgment entered, may be sold as in cases of execution and the proceeds applied to payment of the judgment rendered to cover the shortage, and if there be insufficient of such property, or the judgment, or any part of it, remains unsatisfied, then a deficiency judgment may be entered by the court. Sec. 9. Section 11 of the above-entitled act is hereby amended to read as follows: Section 11. The state board of examiners may revoke the surety bond of any official if, after due investigation, such official is found to be addicted to gambling, excessive drinking of intoxicants, or to the use of narcotics. |
κ1935 Statutes of Nevada, Page 119 (CHAPTER 52, AB 176)κ
|
the surety bond of any official if, after due investigation, such official is found to be addicted to gambling, excessive drinking of intoxicants, or to the use of narcotics. The surety bonds may also be revoked on the conviction of an official for gross misdemeanor or any more serious crime. They may also be revoked for legally established insanity. Any official whose bond may have been revoked shall not again be granted a surety bond under the provisions of this act, unless it shall have been established in a court of competent jurisdiction that he was wrongfully and unjustly deprived of his surety bond by the state board of examiners. Sec. 10. This act shall take effect from and after its passage and approval. |
State board of examiners may revoke bonds, when
In effect |
________
|
[Assembly Bill No. 166Mr. Horgan]
Chap. 53An Act to amend the title of an act and to amend an act entitled An act relating to sheriffs, approved November 28, 1861, as amended.
[Approved March 16, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of that certain act of the legislature of the State of Nevada entitled An act relating to sheriffs, approved November 28, 1861, is hereby amended to read as follows: An act relating to sheriffs and constables. Sec. 2. Section 17 of the above-entitled act, being section 2160 N. C. L. 1929, is hereby amended to read as follows: Section 17. No sheriff, or constable, shall be liable for any damages for neglecting or refusing to serve any civil process, unless his legal fees (and an indemnifying bond in cases where he has doubts as to the ownership of the property sought to be levied upon or attached, if the same shall be required by him) are first tendered him. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall become effective from and after its passage and approval. |
Title amended
Sheriff and constable not liable for damages, when
Repeal
In effect |
________
κ1935 Statutes of Nevada, Page 120κ
|
District judges to be supplied missing Statutes and Reports
Repeal
In effect |
[Assembly Bill No. 160Mr. Persson]
Chap. 54An Act authorizing and directing the secretary of state of the State of Nevada to furnish certain volumes to district judges.
[Approved March 16, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Upon the certification by any district judge of any judicial district of the State of Nevada to the secretary of state, or upon certification by the county clerk of any county of the State of Nevada, unto the secretary of state, certifying that certain volumes of Nevada Statutes or Reports are missing from the library of any judge of the state, the secretary of state of the State of Nevada is hereby authorized, empowered and directed to furnish, free of charge, from the supply on hand, to said district judge or judges, for each judges library in any judicial district, the missing volumes of the Reports or Statutes for such district judges library to be used by him in said library, taking the receipt of the incumbent judge therefor. Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall be in effect from and after its passage and approval. |
________
|
Preamble |
[Assembly Bill No. 96Mr. Newton]
Chap. 55An Act authorizing the filing for record of a plat of the town of Bunkerville in Clark County, State of Nevada.
[Approved March 16, 1935]
Whereas, The unincorporated town of Bunkerville, Clark County, State of Nevada, was surveyed and laid out into lots, blocks and streets in about the year 1875; and Whereas, The original map showing such survey has never been filed or recorded in the office of the county recorder of the county in which said town is located, and has been lost and cannot be found; and Whereas, The loss and absence of said map is a public inconvenience to said unincorporated town of Bunkerville and to the revenue and taxing authority of the county of Clark and the State of Nevada; and Whereas, The duly elected, qualified and acting county commissioners of the county of Clark, State of Nevada, acting as a town board for the unincorporated town of Bunkerville, did cause a resurvey of said town to be made by competent surveyors during the year 1934, and a correct map thereof to be made, which was approved by the board of county commissioners of the county of Clark, State of Nevada; that a certificate of the approval of said board of county commissioners of said map was endorsed on said map on the 23d day of July, 1934; that said map, when recorded, will, to a considerable extent, correct and relieve the inconvenience caused by the loss of said original map; now, therefore, |
κ1935 Statutes of Nevada, Page 121 (CHAPTER 55, AB 96)κ
|
map thereof to be made, which was approved by the board of county commissioners of the county of Clark, State of Nevada; that a certificate of the approval of said board of county commissioners of said map was endorsed on said map on the 23d day of July, 1934; that said map, when recorded, will, to a considerable extent, correct and relieve the inconvenience caused by the loss of said original map; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county recorder of said county of Clark, State of Nevada, is hereby authorized and directed that when the map of the town of Bunkerville, approved by the board of county commissioners of Clark County, Nevada, on the 23d day of July, 1934, is presented to said recorder by the clerk of the county of Clark, that said recorder file and record the same as other town or subdivision maps are filed and recorded. Sec. 2. After filing said map, as provided in section 1 of this act, it shall from the date of said filing be a public record; provided, that nothing shown on said map shall affect any right of a bona fide purchaser, or any right acquired by operation of law prior to the recording thereof. Sec. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall become effective from and after its passage and approval. |
Map of town of Bunkerville to be recorded
Public record
Repeal
In effect |
________
|
[Senate Bill No. 61Senator Miller]
Chap. 56An Act to amend section 5 of an act entitled An act supplemental to an act entitled An act relating to the state university and matters properly connected therewith, approved February 7, 1887, approved March 16, 1895, as amended in 1925 and 1933.
[Approved March 18, 1935]
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, being chapter 117, page 148, of the Statutes of Nevada 1933, is hereby amended to read as follows: Section 5. For the purpose of carrying out the provisions of this act, there is hereby appropriated out of the general fund of the State of Nevada the sum of three thousand dollars ($3,000), for the biennium from June 30, 1935, to June 30, 1937, to be paid out upon the order of the president of the University of Nevada, and allowed as other claims against the State of Nevada. |
Appropriation, $3,000 |
κ1935 Statutes of Nevada, Page 122 (CHAPTER 56, SB 61)κ
|
In effect |
of the University of Nevada, and allowed as other claims against the State of Nevada. Sec. 2. This act shall become effective from and after its passage and approval. |
________
|
Deposit of $20,000 required prior to commencing business in state |
[Senate Bill No. 65Senator Foy]
Chap. 57An Act to amend an act entitled An act to provide for the incorporation of domestic building and loan associations and companies, and certain other domestic associations and companies, to provide for the licensing, examination and regulation of domestic and foreign building and loan associations and companies, and certain other associations and companies, authorizing the appointment of receivers in certain cases, providing for distribution of assets by sale where the same are without the State of Nevada, and the incorporation of the assets and the distribution of the stock of such corporation to the creditors, and other matters relating thereto, to prescribe penalties for a violation of the provisions hereof, to create a fund for use in carrying out the administration of this act, and to repeal certain acts and parts of acts in conflict herewith, approved March 4, 1931.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 4 of the above-entitled act, as heretofore amended, is hereby amended to read as follows: Section 4. No such company, association or corporation heretofore or hereafter organized or created under the laws of this state or the laws of any other state, territory or possession of the United States or of the District of Columbia or of any foreign country or government, shall commence or continue to do business in this state unless and until it shall have first complied with all the laws of this state authorizing it to do business therein, and shall have deposited with the state treasurer the sum of $20,000 in money or in bonds of the United States, or bonds, debentures or notes of any federal home loan bank, or federal home owners loan corporation, or other federal agency, or bonds of a county or municipality or school district of this state, or bonds of any other state of the United States, or a certificate of any trust company authorized to do business in this state, that it has in its possessions, subject to all of the provisions of this act relating to other deposits, first mortgage or first deeds of trust, or both, assigned to it in trust for the purpose of carrying out such provisions, and certified to it by such association, company, or corporation to be of a value of at least the amount of any other form of deposit permitted by this act, such deposit with the state treasurer, or with such trust company, |
κ1935 Statutes of Nevada, Page 123 (CHAPTER 57, SB 65)κ
|
trust, or both, assigned to it in trust for the purpose of carrying out such provisions, and certified to it by such association, company, or corporation to be of a value of at least the amount of any other form of deposit permitted by this act, such deposit with the state treasurer, or with such trust company, to constitute a guaranty fund for the protection and indemnity of the residents of this state with whom such companies, associations, or corporations shall do business, or to whom they shall become indebted; and every such company, association, or corporation which shall sell any of its securities within this state or in any manner become indebted to residents of this state shall, at all times, maintain within this state an amount aggregating at least fifty percent of its liabilities to residents of this state, which shall be invested in real property situated within this state or in notes secured by first mortgages or first deeds of trust on real property situated within this state, or in such bonds as are in this section described, which bonds shall have been deposited with the state treasurer; provided, however, that the deposit provisions of this act shall not apply to any such company, association or corporation if organized under the laws of the State of Nevada which has, within this state, as shown by its latest statement to the bank examiner, an amount not less than $20,000 and equal to at least fifty percent of its liability to residents of this state, invested in real estate situated within this state, or in notes secured by first mortgages or first deeds of trust, or both, on or to real property within this state, or in such bonds as are above described, and which company, association, or corporation has not pledged any of its assets for the protection of any other security holders, saving and excepting a federal home loan bank or other federal loan agency. Sec. 2. Section 11 of the above-entitled act is hereby amended to read as follows: Section 11. No such foreign or domestic association, company, or corporation shall be permitted to sell within this state any securities, including membership shares, investment certificates, bonds, debentures, or contracts, except permanent capital stock, as distinguished therefrom, and except its permanent guaranty stock, which shall not by their terms and the terms of any contract for the purchase thereof, without reference to any other instrument, set forth the withdrawal or surrender cash value thereof after payment of each regular installment thereon, and shall further set forth that the same are redeemable in cash at any time after one (1) year from the date thereof, upon reasonable notice as determined by the state bank examiner, except as hereinafter provided, for an amount at least equal to the amount paid therefor, together with interest thereon at a rate of not less than four per centum per annum, less a reasonable entrance or membership fee which shall not exceed two dollars on each one hundred dollars, matured value, of such securities subscribed; provided, that after five years after the date of the first payment thereon such deduction shall not exceed one dollar per one hundred dollars, matured value, of such securities subscribed; and provided further, that any such securities while pledged to the issuing organization as security against any indebtedness shall not be withdrawable while such indebtedness exists; the foregoing provision for interest at the rate of not less than four per centum per annum upon the withdrawal or surrender of such securities shall not apply to any capital stock or membership shares of mutual building and loan associations, and such capital stock or membership shares may be issued without any fixed rate of interest, but the interest payable upon withdrawal or surrender may, from time to time, be fixed and determined by the board of directors; nor shall said interest provision apply to any securities issued by any domestic or foreign association, company, or corporation whose accounts are insured by the federal savings and loan insurance corporation, as provided in title IV of an act of Congress entitled National Housing Act, approved June 27, 1934. |
Deposit to constitute guaranty fund
Exception
Regulations regarding sale of securities |
κ1935 Statutes of Nevada, Page 124 (CHAPTER 57, SB 65)κ
|
Interest rate not less than 4 percent
Exception
In effect |
less than four per centum per annum, less a reasonable entrance or membership fee which shall not exceed two dollars on each one hundred dollars, matured value, of such securities subscribed; provided, that after five years after the date of the first payment thereon such deduction shall not exceed one dollar per one hundred dollars, matured value, of such securities subscribed; and provided further, that any such securities while pledged to the issuing organization as security against any indebtedness shall not be withdrawable while such indebtedness exists; the foregoing provision for interest at the rate of not less than four per centum per annum upon the withdrawal or surrender of such securities shall not apply to any capital stock or membership shares of mutual building and loan associations, and such capital stock or membership shares may be issued without any fixed rate of interest, but the interest payable upon withdrawal or surrender may, from time to time, be fixed and determined by the board of directors; nor shall said interest provision apply to any securities issued by any domestic or foreign association, company, or corporation whose accounts are insured by the federal savings and loan insurance corporation, as provided in title IV of an act of Congress entitled National Housing Act, approved June 27, 1934. Sec. 3. This act shall take effect from and after its passage and approval. |
________
|
Loans may be insured |
[Senate Bill No. 81Senator Foy]
Chap. 58An Act to authorize banks, building and loan associations and other corporations to make and insure loans, advances of credit and purchases in accordance with the provisions of an act of Congress entitled National Housing Act, approved by the president on June twenty-seven, nineteen hundred thirty-four, to exempt such loans, advances of credit and purchases from the application of general statutes, articles of incorporation and bylaws, and to confirm and validate prior transactions.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Subject to such regulations as may be prescribed by the federal housing administrator, acting pursuant to the act of Congress entitled National Housing Act, approved on June twenty-seventh, nineteen hundred thirty-four, banks, building and loan associations and other corporations are authorized: |
κ1935 Statutes of Nevada, Page 125 (CHAPTER 58, SB 81)κ
|
(a) To make such loans and advances of credit, and purchases of obligations representing loans and advances of credit, as are eligible for insurance pursuant to title one, section two, of such national housing act, and to obtain such insurance. (b) To make such loans secured by mortgages on real property as are eligible for insurance pursuant to title two of such national housing act, and to obtain such insurance. Sec. 2. No law of this state, nor any articles of incorporation or bylaws of any such banks, building and loan associations or other corporations, prescribing the nature, amount or form of security or requiring security upon which loans or advances of credit may be made, or prescribing or limiting interest rates upon loans or advances of credit, or prescribing or limiting the period for which loans or advances of credit may be made, shall apply to loans, advances of credit or purchases made pursuant to the foregoing section 1. Sec. 3. All above-described loans, advances of credit, and purchases of obligations heretofore made and insured pursuant to the terms of said national housing act are hereby validated and confirmed. Sec. 4. This act shall take effect from and after its passage and approval. |
Laws, etc., in conflict with section 1 not applicable
Prior loans validated
In effect |
________
|
[Senate Bill No. 82Senator Foy]
Chap. 59An Act to authorize any building and loan association, company or corporation, or any savings and loan association, company or corporation, or any savings bank or any other association, company or corporation, eligible to become a member of any federal home loan bank to become a member and stockholder of the federal home loan bank, to borrow money therefrom, to invest in its bonds, and confirming and validating prior transactions.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any building and loan association, company or corporation, or any savings and loan association, company or corporation, or savings bank or any other association, company or corporation, that may now or hereafter be eligible to become a member of any federal home loan bank according to the terms of the federal home loan bank act, as the same now exists or may be amended from time to time, is authorized and empowered to subscribe for, purchase, own and hold stock in such federal home loan bank, and become a member thereof, or to borrow money from any federal home loan bank pursuant to the said act of Congress, as the same may be amended, and also to invest in the bonds of any federal home loan bank, and also to give its obligations and pledge securities and conform to the provisions of the said federal home loan bank act, and to the rules and regulations from time to time fixed and prescribed either by the federal home loan bank board or the federal home loan bank, of which it is a member, and to perform any acts and execute any instruments authorized or required by the said act of Congress, as amended from time to time, or by said rules and regulations. |
Building and loan companies may become member of federal home loan bank |
κ1935 Statutes of Nevada, Page 126 (CHAPTER 59, SB 82)κ
|
Prior acts validated
In effect |
federal home loan bank pursuant to the said act of Congress, as the same may be amended, and also to invest in the bonds of any federal home loan bank, and also to give its obligations and pledge securities and conform to the provisions of the said federal home loan bank act, and to the rules and regulations from time to time fixed and prescribed either by the federal home loan bank board or the federal home loan bank, of which it is a member, and to perform any acts and execute any instruments authorized or required by the said act of Congress, as amended from time to time, or by said rules and regulations. Sec. 2. All acts authorized by section 1 hereof and heretofore performed are hereby validated and confirmed. Sec. 3. This act shall take effect from and after its passage and approval. |
________
|
Federal savings and loan associations created
Procedure |
[Senate Bill No. 83Senator Foy]
Chap. 60An Act providing for the conversion into a federal savings and loan association of any building and loan company, association or corporation, or of any savings and loan company, association or corporation, or of any other company, association or corporation eligible to become a member of the federal home loan bank.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any building and loan company, association or corporation, or any savings and loan company, association or corporation, or any other company, association or corporation eligible to become a member of the federal home loan bank, may convert itself into a federal savings and loan association pursuant to an act of Congress, approved June thirteenth, nineteen hundred thirty-three, entitled Home Owners Loan Act of Nineteen Hundred Thirty-three, with the same force and effect as though originally incorporated under such act of Congress, and the proceedings to effect such conversion shall be as follows: (a) A meeting of the shareholders shall be held upon not less than ten days written notice to each shareholder, served either personally or by mail, postage prepaid, directed to him at his last known post-office address and containing a statement of the time, place and the purpose for which such meeting is called. Proof by affidavit of due service of such notice shall be filed in the office of the corporation before or at the time of such meeting. (b) At a meeting of the shareholders, held as provided in subdivision (a) of this section, such shareholders may, by the affirmative vote of the majority of the shareholders present, in person or by proxy, declare, by resolution, the determination to convert said state company, association or corporation into a federal savings and loan association. |
κ1935 Statutes of Nevada, Page 127 (CHAPTER 60, SB 83)κ
|
subdivision (a) of this section, such shareholders may, by the affirmative vote of the majority of the shareholders present, in person or by proxy, declare, by resolution, the determination to convert said state company, association or corporation into a federal savings and loan association. A copy of the minutes of the proceedings of such meeting of the shareholders, verified by the affidavit of the president or vice president and the secretary of the meeting, shall be filed in the office or department having supervision of such companies, association or corporation in this state within ten days after the date of such meeting. Such sworn copy of the proceedings of such meeting, when so filed, shall be presumptive evidence of the holding and the action of such meeting. (c) After the holding of such meeting of shareholders, the state company, association or corporation shall take such action, in the manner prescribed or authorized by the laws of the United States or the rules and regulations promulgated pursuant thereto, as shall make it a federal savings and loan association, and there shall thereupon be filed in the office or department having supervision of such companies, associations or corporations in this state a copy of the charter of authorization issued to such company, association or corporation by the federal home loan bank board or a certificate showing the organization of such company, association or corporation as a federal savings and loan association, certified by the federal home loan bank board, and upon such filing with the department having supervision of such companies, associations or corporations in this state, the company, association or corporation shall cease to be a state building and loan association, company or corporation; provided, however, that it shall still retain all rights, privileges and exemptions of a domestic company, association or corporation of the same kind and character. Sec. 2. At the time when such conversion becomes effective the said company, association or corporation shall cease to be supervised by this state, but shall continue as a body corporate converted pursuant to the provisions of the home owners loan act of 1933, and subject to examination and regulation pursuant to the said act, and all the property of the state company, association or corporation, including all its right, title and interest in and to all property of whatsoever kind, whether real, personal or mixed, and things in action, and every right, privilege, interest and asset of any conceivable value of benefit then existing, belonging or pertaining to it, or which would inure to it, shall immediately by act of law and without any conveyance or transfer, and without any further act or deed, be vested in and become the property of the federal savings and loan association, which shall have, hold and enjoy the same in its own right as fully and to the same extent as the same was possessed, held and enjoyed by the state company, association or corporation; and the federal savings and loan association as of the time of taking effect of such conversion shall succeed to all the rights, obligations and relations of the state company, association or corporation. |
Sworn copy of proceeding to be filed within ten days
Charter of authorization to be filed with proper state department
Supervision by state to cease, when |
κ1935 Statutes of Nevada, Page 128 (CHAPTER 60, SB 83)κ
|
In effect |
and loan association, which shall have, hold and enjoy the same in its own right as fully and to the same extent as the same was possessed, held and enjoyed by the state company, association or corporation; and the federal savings and loan association as of the time of taking effect of such conversion shall succeed to all the rights, obligations and relations of the state company, association or corporation. Sec. 3. This act shall take effect from and after its passage and approval. |
________
|
Funds may be invested in federal agencies
Bonds of federal agencies to be accepted |
[Senate Bill No. 84Senator Foy]
Chap. 61An Act authorizing the investment in bonds of the home owners loan corporation and the bonds of any federal home loan bank and consolidated federal home loan bank bonds, debentures and notes, by the state and all its departments and political subdivisions and instrumentalities, and by any insurance company, building and loan association or company, or savings and loan association or company, or bank or trust company, or other financial institution, and by any executor, administrator, guardian, trustee or fiduciary, and permitting the use of such bonds, debentures and notes as security by any depositary of public funds.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be legal for this state and any of its departments or political subdivisions, or any political or public corporation, or any instrumentality of the state, or any insurance company or building and loan association or company, or savings and loan association or company, or any savings bank or trust company, or any bank or other financial institution operating under the laws of this state, or for any executor, administrator, guardian, trustee, or other fiduciary to invest their funds, or moneys in their custody, in the bonds of the home owners loan corporation or in the bonds of any federal home loan bank, or in consolidated federal home loan bank bonds, debentures or notes. Sec. 2. Wherever by the terms of any general or special law depositaries of public or other funds are required by law to give security therefor the bonds of any federal home loan bank or the bonds of the home owners loan corporation, or consolidated federal home loan bank bonds, debentures or notes, may be used as security for any depositary bonds or obligations wherein any kind of bonds or other security are required or may by law be deposited as security. |
κ1935 Statutes of Nevada, Page 129 (CHAPTER 61, SB 84)κ
|
or obligations wherein any kind of bonds or other security are required or may by law be deposited as security. Sec. 3. This act shall take effect from and after its passage and approval. |
In effect |
________
|
[Senate Bill No. 85Senator Foy]
Chap. 62An Act to authorize building and loan companies, associations and corporations and other savings and home financing corporations to subscribe for the shares of any federal savings and loan association and to pay for the same in cash or by the transfer of assets.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any building and loan company, association or corporation, or savings and loan company, association or corporation, or savings bank, or other savings or home financing company, association or corporation, eligible to become a member of any federal home loan bank is authorized and empowered to subscribe to the shares of any federal savings and loan association domiciled within this state and may pay for such shares in cash or by the transfer of such assets of the subscriber as may be approved by the federal home loan bank board in writing. Sec. 2. This act shall take effect from and after its passage and approval. |
Funds may be invested in federal agency
In effect |
________
|
[Senate Bill No. 86Senator Foy]
Chap. 63An Act to authorize any association, company or corporation eligible thereto, to insure its accounts pursuant to the provisions of title IV of the National Housing Act.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any association, company or corporation which may be eligible so to do, under the terms of an act of Congress entitled National Housing Act, approved June 27, 1934, is hereby authorized and empowered to insure, pursuant to title IV of said act, any and all of its accounts as said accounts now are or hereafter may be defined under said title IV of said act and to do and perform all things necessary or convenient to effect such insurance. Sec. 2. This act shall take effect from and after its passage and approval. |
Accounts may be insured
In effect |
________
κ1935 Statutes of Nevada, Page 130κ
|
Power to carry on savings bank business |
[Senate Bill No. 92Committee on Banks and Banking]
Chap. 64An Act to amend an act entitled An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies, approved March 28, 1933.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That section 6 of the above-entitled act is hereby amended to read as follows: Section 6. Any banking corporation organized under the provisions of this act shall have power to carry on a savings bank business as prescribed and limited in this act. Such deposits shall be repaid to the depositors or their lawful representatives at such time and with such interest and under such regulations, assented to by the depositors, as shall be prescribed by said bank and approved by the state board of finance, which regulations shall be printed and conspicuously posted in some place accessible and visible to all persons in the business office of said bank. The funds of any savings bank, except the reserve provided for in this act, shall be invested in bonds of the United States, or of any state of the United States, or in the public debt or bonds of any county, city or school district of any state in the United States which shall have been lawfully issued, or in obligations of national mortgage associations or similar credit institutions now or hereafter organized in accordance with the provisions of title III of the national housing act, or may be loaned on negotiable paper secured by any of the above-mentioned classes of security; or upon notes or bonds secured by mortgage lien upon unencumbered real estate; provided, that second mortgage loans may be made upon improved farm lands, but no loans shall be made upon such lands or other real estate which, including the aggregate amount of all encumbrances, shall exceed fifty percent of the cash value thereof or eighty percent of the assessed value thereof for tax purposes, whichever is the lesser amount, except that such funds may be invested in loans upon notes or bonds secured by mortgage lien which the federal housing administrator has insured or has committed himself to insure pursuant to title II of the national housing act; or upon notes secured by collateral security of known marketable value exclusive of mining stock; or held as cash; or may be deposited in good solvent banks; provided, that the deposits in any bank shall not exceed forty percent of the capital and surplus of the depositing bank; provided, also, that chattel mortgages shall not be deemed collateral security, and savings banks are prohibited from investing their funds in them. |
κ1935 Statutes of Nevada, Page 131 (CHAPTER 64, SB 92)κ
|
improved farm lands, but no loans shall be made upon such lands or other real estate which, including the aggregate amount of all encumbrances, shall exceed fifty percent of the cash value thereof or eighty percent of the assessed value thereof for tax purposes, whichever is the lesser amount, except that such funds may be invested in loans upon notes or bonds secured by mortgage lien which the federal housing administrator has insured or has committed himself to insure pursuant to title II of the national housing act; or upon notes secured by collateral security of known marketable value exclusive of mining stock; or held as cash; or may be deposited in good solvent banks; provided, that the deposits in any bank shall not exceed forty percent of the capital and surplus of the depositing bank; provided, also, that chattel mortgages shall not be deemed collateral security, and savings banks are prohibited from investing their funds in them. When the savings bank business is conducted as a part of a general banking business, and the assets of the corporation are not segregated as between departments, then the ratio of savings deposits, including time certificates of deposit, to the total deposits, shall determine the portion of the banks funds which shall be invested subject to the savings bank restrictions of this act. Sec. 2. This act shall take effect from and after its passage and approval. |
Power to carry on savings bank business
Limitations to savings banks
In effect |
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κ1935 Statutes of Nevada, Page 132κ
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Bank may reopen on court order
Disposition of deposits |
[Senate Bill No. 93Committee on Banks and Banking]
Chap. 65An Act to amend an act entitled An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies, approved March 28, 1933.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That section 80 of the above-entitled act is hereby amended to read as follows: Section 80. If it appear upon said hearing that, by or through freezing of deposits of said bank, said bank may safely be permitted to reopen for business, the court may so order; but, in every such case, all transactions and business of every kind or character must be under the direct supervision of the superintendent of banks. In every such case, the bank will be permitted to receive deposits; but deposits received while the bank is under the direct control and supervision of the superintendent of banks shall not be subject to any limitation as to payments or withdrawals, and such deposits shall be segregated and shall not be used to liquidate any indebtedness of such bank existing at the time of reopening, or for the liquidation of any subsequent indebtedness incurred for the purpose of liquidating any indebtedness of such bank existing at the time such reopening is permitted. All deposits received after the bank reopens and while the said bank is under the direct supervision and control of the superintendent of banks must be kept on hand in cash or invested in direct obligations of the United States or deposited with a federal reserve bank, as permitted by an act of the Congress of the United States entitled An act to provide relief in the existing national emergency in banking and for other purposes, approved March 9, 1933; provided, however, that said deposits may be used for the purpose of making, investing in, or purchasing loans or advances of credit insured pursuant to the national housing act. |
κ1935 Statutes of Nevada, Page 133 (CHAPTER 65, SB 93)κ
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to provide relief in the existing national emergency in banking and for other purposes, approved March 9, 1933; provided, however, that said deposits may be used for the purpose of making, investing in, or purchasing loans or advances of credit insured pursuant to the national housing act. Sec. 2. This act shall take effect from and after its passage and approval. |
Exception
In effect |
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[Assembly Bill No. 182Messrs. Parker and Henrichs]
Chap. 66An Act authorizing the board of county commissioners of Lyon County to repair, improve, and enlarge the county courthouse; providing for the issuance and sale of the bonds of the county for such purpose; authorizing the county to enter into contracts with the United States; and authorizing the levy of a tax to pay such bonds.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Lyon County shall have power and they are hereby authorized to repair, improve, and enlarge the county courthouse, located at Yerington, Lyon County, Nevada, and, for that purpose, to issue the negotiable coupon bonds of the county in an amount not to exceed $25,000, and to make contracts and execute instruments containing such terms, provisions and conditions as in the discretion of said board of county commissioners may be necessary, proper or advisable for the purpose of obtaining a grant, loan or other financial assistance from the United States of America or any agency or instrumentality thereof pursuant to or by virtue of the national industrial recovery act, approved June 16, 1933, and any acts amendatory thereof and any acts supplemental thereto, and revisions thereof, and any further acts or joint resolution of the Congress of the United States of America to reduce and relieve unemployment or to provide for the construction of public works or for work relief. Sec. 2. Said bonds may be authorized by resolution of the board of county commissioners. Said bonds shall bear interest at such rate or rates not exceeding six per centum per annum, payable semiannually, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding twenty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such resolution or subsequent resolutions may provide. |
Bond issue for Lyon County courthouse improvements
County commissioners to issue bonds |
κ1935 Statutes of Nevada, Page 134 (CHAPTER 66, AB 182)κ
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Tax to redeem bonds and pay interest
Bonds not to be sold at less than par Repeal
In effect |
of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such resolution or subsequent resolutions may provide. Said bonds bearing the signature of the officers in office at the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the county. Sec. 3. The board of county commissioners is hereby empowered and directed to levy and collect a tax upon all property subject to taxation by the county, sufficient to pay the interest on and principal of said bonds as the same shall become due. Said tax shall be levied annually and assessed, collected and paid in like manner with the other taxes of such county, and shall be in addition to and exclusive of all other taxes which said county is now or may hereafter be authorized or required by law to levy and assess upon property subject to taxation. Sec. 4. Said bonds shall be sold at not less than par, and if sold to the United States of America or any agency or instrumentality thereof may be sold at private sale without public advertisement. Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 6. This act shall take effect immediately from and after its passage and approval. |
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New section added |
[Assembly Bill No. 185Mr. Jameson]
Chap. 67An Act to amend article XII of an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, as amended, by adding to said article XII of said act a new section to be known as section 9a.
[Approved March 18, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Article XII of the above-entitled act is hereby amended by adding a section thereto, to follow section 9 thereof, which additional section shall be designated as section 9a, and which section shall read as follows: |
κ1935 Statutes of Nevada, Page 135 (CHAPTER 67, AB 185)κ
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Section 9a. Ordinances passed by the city of Reno, Washoe County, Nevada, must be published as provided for in this act; provided, that ordinances establishing rules and regulations for the construction of buildings, the installation of plumbing, the installation of electric wiring, or other similar work, and all or any specialized code, or codes, where such rules and regulations have been printed as a code in book form, may adopt such code or portion thereof by reference thereto; provided, however, that not less than three (3) copies of such code shall have been filed for use and examination by the public in the office of the city clerk of the city of Reno, Nevada, prior to the adoption thereof. Sec. 2. This act shall be in effect from and after its passage and approval. |
Ordinances to be published
In effect |
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[Assembly Bill No. 174Committee on Irrigation]
Chap. 68An Act to amend sections 3, 6, 29, 29 1/2, 34, and 37 of, and to add a new section, to be designated section 10e, to an act entitled An act to provide for the organization an government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended.
[Approved March 18, 1935]
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, being section 8010 N. C. L. 1929, as amended Statutes 1931, 265, is hereby amended to read as follows: Section 3. When such petition is presented, and it shall appear that the notice of the presentation of said petition has been given and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall hold a hearing on said petition and may adjourn such hearing from time to time not exceeding three weeks in all. Contiguous or neighboring lands susceptible of irrigation from the common source or combined sources aforesaid, not included in such district as described in the petition, may at such hearing, upon application of the holder or holders of title or evidence of title thereto, as prescribed in section 1 hereof, be included in such district, and lands described in said petition not susceptible of irrigation from such system or systems may upon similar application be excluded therefrom; provided always, that said board shall not modify the boundaries described in the petition so as to change the object of said petition or so as to exempt from the operation of this act any land which is susceptible of irrigation by the system or systems aforesaid. |
County commissioners to hold hearing on petition; may adjourn same not exceeding three weeks |
κ1935 Statutes of Nevada, Page 136 (CHAPTER 68, AB 174)κ
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Board shall not modify district boundaries to defeat object
Informalities to be disregarded
Mandamus resorted to, when
Election to be called
Notice of election to be published |
from such system or systems may upon similar application be excluded therefrom; provided always, that said board shall not modify the boundaries described in the petition so as to change the object of said petition or so as to exempt from the operation of this act any land which is susceptible of irrigation by the system or systems aforesaid. In the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and in case it deny the same or dismiss it for any reasons on account of the provisions of this act not having been complied with, which are the only reasons upon which it shall have the right to refuse or dismiss the same, it shall state its reasons in writing therefor in detail, which shall be entered upon its records, and in case the reasons are not well founded, a writ of mandamus shall, upon proper application therefor, issue out of the district court of the county compelling it to act in compliance with this act, which writ shall be heard within twenty days from the date of issuance, such time to be excluded from the time given the county commissioners to act upon the petition. Upon the completion of the hearing the county commissioners shall forthwith make an order denying or granting the prayer of said petition, and if the same is granted shall, in said order, define and establish the boundaries and designate the name of such proposed district and divide the same into three, five, or seven divisions, as prescribed in the petition, as nearly equal in size as may be practicable. Thereupon the said commissioners shall by further order duly entered upon their record call an election of the qualified electors of said proposed district to determine whether such district shall be organized under the provisions of this act, and by such order shall submit the names of one or more persons from each of the divisions of said district to be voted for as directors of the district. One director shall be elected from each division by the qualified electors of the district and shall be a qualified elector of the district and holder of title, or evidence of title as prescribed in section 1 of this act, to land within the division from which he is elected. Each division shall constitute an election precinct for the purposes of this act; provided, that after the organization of the district the directors may divide a division into two or more precincts and fix the polling places therein; and provided further, that the directors, by affirmative vote of all of their number or of all of their number save one, may reduce the number of election precincts to one or more within the district, establish the boundaries thereof, and fix the polling place or places therein. The board of county commissioners shall give notice of such election, which shall be published for two weeks prior to such election in a newspaper within the county where the petition is filed. |
κ1935 Statutes of Nevada, Page 137 (CHAPTER 68, AB 174)κ
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filed. Such notice shall require the electors to cast ballots, which shall contain the words Irrigation District-Yes, or Irrigation District-No, or words equivalent thereto, and the names of persons to be voted for as directors. For the purpose of this election the board shall establish a polling place in each election precinct aforesaid, and shall also appoint three qualified electors to act as inspectors of election in each election precinct, and also appoint for each precinct two clerks of election. The record of the board of county commissioners of the proceedings had and taken by it under the provisions of this act shall be, in the absence of fraud, conclusive evidence of the matters and things therein recited. Sec. 2. Section 6 of the above-entitled act, being section 8013 N. C. L. 1929, as amended Statutes 1931, 75, is hereby amended to read as follows: Section 6. Not less than fifteen nor more than twenty days before any election held under this act subsequent to the organization of the district, the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct, and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. The secretary shall be ex officio district registrar of the district, and may, at least four weeks before any election, appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable, and shall be at their places of registration to receive applications for registration from, 9 oclock a. m. until 9 oclock p. m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take the following oath in substance: I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in said law, to at least five acres of land within the boundaries of the .irrigation district, and such holding is for all purposes and not simply for this election or matters connected therewith. |
Polling places and election officers
Notice of election to be posted
Officers of election to be appointed
Board of directors to arrange all election details |
κ1935 Statutes of Nevada, Page 138 (CHAPTER 68, AB 174)κ
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Oath of electors
Registration necessary; proviso
Distinguishing mark for certain electors |
years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in said law, to at least five acres of land within the boundaries of the .irrigation district, and such holding is for all purposes and not simply for this election or matters connected therewith. The president or vice president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: I am over the age of twenty-one years, and the (president or vice president) of (naming the corporation), or have been duly authorized in writing to register on behalf of (naming the corporation); that said corporation is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to at least five acres of land, as defined in the irrigation act, within the boundaries of the ..irrigation district. No election for any purpose except for organization shall be held in any irrigation district without such registration, and only electors duly registered shall be entitled to vote thereat; provided, however, that if an elector has voted at the last preceding district election, whether special or general, and is still eligible, he shall not be required to reregister in order to vote at the next succeeding election, but before he shall be permitted to vote at such election, if he shall not have reregistered therefor, he shall be required to take and subscribe the registration oath before the board of election, on a form provided by the district, as evidence of his continued eligibility. In all poll books and lists of registered electors prepared for any election hereunder, the names of electors who have registered or reregistered for such election shall be distinguished from the names of those who voted at the last preceding district election, but who have not so registered or reregistered, by the letter R enclosed in parentheses placed before each of the names of the former and the omission thereof in connection with the names of the latter. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, any member of an election board, or any officer authorized by law to administer oaths. All oaths taken before the election board shall be by them preserved and returned with the ballots. Sec. 3. Section 29 of the above-entitled act, being section 8041 N. C. L. 1929, |
κ1935 Statutes of Nevada, Page 139 (CHAPTER 68, AB 174)κ
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8041 N. C. L. 1929, as amended Statutes 1933, 276, is hereby amended to read as follows: Section 29. An assessment roll shall be made up for the lands in each county in which the district is situated, and the secretary of the board of directors shall forthwith certify a duplicate of the same not later than October 15 of each year to the county auditor, or county auditors, as the case may be, who shall adopt said assessment roll in its entirety without alteration or change as a part or unit of the tax rolls of said county or counties. The county treasurer shall separately itemize the items of such assessment roll on his statement of state and county taxes. The assessments when levied and enrolled shall become due and delinquent at the same time and be subject to the same penalties and shall be collected by the same officers and in the same manner as state and county taxes. The county auditor, district attorney, clerk and treasurer shall do and perform all acts necessary to accomplish the collection of the same with penalties, the sale for delinquency, the redemption of the lands involved, and the remittance of all proceeds to the district treasurer. The secretary of the board of directors, at the time of delivering the duplicate assessment roll of the district to each county auditor, shall attach thereto, in some suitable form, a recapitulation list showing the name or names of each person, corporation or association listed in the assessment roll and the amount of money assessed and to be collected by the county treasurer or tax collector, which said recapitulation list shall be delivered by the county auditor to the county treasurer with the said duplicate assessment roll. The county treasurer shall insert after each name, in proper columns provided for that purpose in the duplicate assessment roll and in the recapitulation list, the amount paid by each person, or persons, corporation or association appearing on the assessment roll, or by stamping the word Paid after each sum, if the assessment is paid in full. The said recapitulation list shall be redelivered by the county treasurer to the district treasurer, together with the full amount of moneys collected, not later than the 15th day of the month upon which each installment of taxes becomes due and delinquent, and for the purpose of enabling the county treasurer to redeliver to the district treasurer the said recapitulation list after each installment of taxes becomes due and reporting thereon the collection of taxes made by him not theretofore reported, the district treasurer shall, before each installment of taxes becomes due, redeliver to the county treasurer said recapitulation list. The county treasurer, prior to the time of redelivery of said recapitulation list and report to the district treasurer, shall, in each instance, report to the county auditor the amount of money which he has collected for and on behalf of the district since his last report, and thereupon the auditor shall draw his warrant for the same, placing the same in the hands of the county treasurer who is authorized to pay the said moneys to the district treasurer at the time of delivering said recapitulation list and report. |
Assessment books or rolls to be delivered to county auditors
Duties of county and other officers |
κ1935 Statutes of Nevada, Page 140 (CHAPTER 68, AB 174)κ
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Sale of lands on which taxes have become delinquent
Procedure in case of sale for delinquency |
to the county auditor the amount of money which he has collected for and on behalf of the district since his last report, and thereupon the auditor shall draw his warrant for the same, placing the same in the hands of the county treasurer who is authorized to pay the said moneys to the district treasurer at the time of delivering said recapitulation list and report. Sec. 4. Section 29 1/2 of the above-entitled act, being section 8042 N. C. L. 1929, as amended Statutes 1933, 277, is hereby amended to read as follows: Section 29 1/2. Whenever the county officers designated in section 29 shall sell any of the lands in the district because of delinquencies in the payment of district, state, or county taxes, said lands shall be sold subject to the accrued and accruing liens for district assessments, charges, and tolls against the same; and under no circumstances shall the water and water rights of the district be included or sold at such delinquent sales unless and until all district taxes, assessments, charges, and tolls against such lands shall have been first fully paid to the district. Unpaid and accruing district assessments, taxes, charges, and tolls against such lands sold at delinquent tax sales shall continue a charge and lien against such lands, and any purchaser of such lands, except the district itself, shall take the same subject to the payment by the purchaser of all such accrued and accruing charges, tolls, assessments, and taxes in addition to the purchase price of said land. In any and all cases where solely on account of delinquent district taxes, charges, tolls, or assessments any lands in the district have been sold or may hereafter be sold at a delinquent tax sale, either to the county or to any other person, firm, corporation or association, except the district, and the period of redemption has or shall have expired, the said lien for all accrued district assessments, charges, and tolls against the same may be summarily foreclosed by giving notice of sale in substantially the same manner and for the same time as required by law for delinquent tax sales by the county treasurer. It shall be the duty of the county treasurer and he is hereby directed to immediately give notice of said sale within five days after receiving written demand to make such sale from the secretary of the district to the effect that the board of directors of said district has ordered the foreclosure of said lien. The county treasurer shall conduct such sale in substantially the same manner as delinquent tax sales are now conducted by him. In the event that there are no other bidders at such sale or a sale cannot be made for sufficient to pay the lien for all accrued district taxes, assessments, charges, and tolls, including penalties and cost of advertising, then the county treasurer shall bid in the said lands and appurtenances in the name of and for the district. |
κ1935 Statutes of Nevada, Page 141 (CHAPTER 68, AB 174)κ
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treasurer shall bid in the said lands and appurtenances in the name of and for the district. There shall be no right of redemption from such sale and the title shall thereupon become absolute in the district. It shall be the duty of the county treasurer to immediately execute a deed for the said lands and appurtenances in the name of the district and deliver the same to the secretary of the district to be immediately recorded with the county recorder of the county where the land is situated. In cases where lands and appurtenances in the district are sold at a delinquent tax sale on account of delinquent state and county taxes as well as for delinquent district taxes, charges, tolls, or assessments, then it shall be the duty of the county treasurer to bid in such lands for the district and county jointly in cases where there is no other bidder for the same. In such cases the county shall be deemed to be holding the title for both the county and the district in the proportion of their respective tax claims against the same. Such lands and appurtenances shall thereafter be disposed of at a summary sale in the manner hereinabove provided, except that no sale shall be made for a price less than the whole amount of delinquent taxes, penalties and costs of both county and district. The county commissioners may compromise the amount of state and county tax to be included in such sale price if the full amount cannot be obtained at such sale, but if the sale be made to the district, the latter shall not be required to make payment of any part of the delinquent state and county taxes which may have been a charge against such land, but shall take the same free of any lien based thereon. The board shall not, however, sell or dispose of the water appurtenant to, apportioned, or allotted to said lands acquired at delinquent tax sales, or at summary sales aforesaid; until and unless the remaining lands in the district under irrigation to which benefits have been apportioned by the district and which are entitled to receive water from the district pursuant to the apportionment of benefits, and from the same source of supply, shall have a sufficient and adequate water supply available for such irrigated areas to which benefits have been apportioned. The board of directors shall distribute such waters acquired at delinquent tax sales or at summary foreclosure sales among the remaining nondelinquent land owners in the district entitled to receive water from the district in, as near as may be, the same proportion as fixed by the original apportionment of benefits for said remaining nondelinquent lands; provided, that in case the water right appurtenant to land acquired at a delinquent sale shall be based upon a contract with the United States, the district may, with the consent of the United States, make any desired disposition of such water right. |
Procedure in case of sale for delinquency
Water rights not included in sale for delinquency, when |
κ1935 Statutes of Nevada, Page 142 (CHAPTER 68, AB 174)κ
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Right of way over state land granted
Notice of petition to be posted
Additional powers of board of directors
Repeal In effect |
States, make any desired disposition of such water right. Sec. 5. Section 34 of the above-entitled act, being section 8047 N. C. L. 1929, is hereby amended to read as follows: Section 34. The right of way is hereby given, dedicated and set apart for the purpose of locating, constructing, operating, and maintaining irrigation or other works of a district, including reservoirs, over, upon and through any of the lands which are now or which may hereafter be the property of the state. When such rights of way or reservoirs are or will be occupied by a district for any of the purposes specified in this act, the surveyor-general shall, upon receipt of a certificate to that effect from the state engineer, forthwith withdraw such lands from sale and issue his certificate and notice to the district affected, stating in substance that such lands have been and shall continue to be withdrawn from sale during the period such rights of way or reservoirs shall remain in use and operation. Sec. 6. Section 37 of the above-entitled act, being section 8051 N. C. L. 1929, is hereby amended to read as follows: Section 37. The secretary shall cause a notice of the filing of such petition to be given for three consecutive weeks by posting in five public and conspicuous places in the district, with at least one posting in each division thereof. The notice shall state the filing of such petition, the names of the petitioners, and contain a description of the lands mentioned in the petition, sufficient to identify the same, and it shall notify all persons interested in or that may be affected by such change of boundaries of the district to appear at the office of the board at a time named in said notice and show cause, in writing, if any they have, why the lands mentioned should not be annexed to said district. The petitioner or petitioners shall advance to the district treasurer sufficient money to pay the estimated cost of these proceedings. Sec. 7. The above-entitled act is hereby amended by adding a new section thereto to be known as section 10e to read as follows: Section 10e. The board of directors of any district now or hereafter organized under the provisions of this act shall have power to enter into contracts of indemnity and guaranty, in such form as may be approved by said board, relating to or connected with the performance of any contract or agreement which said district shall be empowered to enter into under the provisions of this act or any other law of this state. Sec. 8. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 9. This act shall become effective from and after its passage and approval. |
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κ1935 Statutes of Nevada, Page 143κ
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[Assembly Bill No. 178Mr. Cline]
Chap. 69An Act relating to agents, providing for licensing the same, describing certain qualifications, providing penalties for violation thereof, and other matters relating thereto.
[Approved March 19, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. No person shall, within this state, act as agent of any insurance or surety company, or other insurer, until such person shall have first obtained a license from the insurance commissioner authorizing him so to act. Sec. 2. Any person duly appointed and authorized by an insurance or surety company, or other insurer, to solicit applications for insurance or surety bonds, or effect insurance or surety bonds in the name of such company, or other insurer, shall be an agent within the meaning of this act. The insurance commissioner shall, upon written notice from any insurance or surety company or other insurer, authorized to transact business in this state, of the appointment of a person to act as its agent, and upon payment of a fee of two dollars, issue to such person a license in such form as may be prescribed by the insurance commissioner; provided, however, that such proposed licensee shall first file with the insurance commissioner of the State of Nevada a statement in writing by a duly authorized representative of the company or insurer which the agent seeks to represent, setting forth: (a) The applicant is known to him; (b) The applicant has had experience or instruction, or shall, within thirty days from the issuance of his license, be given the necessary instruction in each of the kinds of insurance or surety bonds the applicant proposes to write under the license applied for; (c) The nature of any business other than insurance or surety agent in which the applicant may be engaged and the name under which such business is conducted; (d) The applicant is of good reputation; (e) The applicant is worthy of a license; and the said licensee shall make answer under oath to such interrogatories as the insurance commissioner (himself or through his deputies) shall propound on forms prepared by the commissioner. Sec. 3. No license shall be issued until the commissioner has satisfied himself upon evidence presented and recorded as to the integrity of the applicant, and that said applicant is qualified in the following respects to hold a license: (1) That the applicant has been a bona fide resident of the State of Nevada for three months immediately prior to the filing of the application; |
Agent must procure license
When license shall issue
Licensee must file statement; what to set forth
Insurance commissioner judge of qualifications of applicant |
κ1935 Statutes of Nevada, Page 144 (CHAPTER 69, AB 178)κ
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Insurance commissioner judge of qualifications of applicant
Insurance commissioner may suspend license; procedure |
State of Nevada for three months immediately prior to the filing of the application; (2) That the applicant is of good reputation; (3) That the applicant has had experience or instruction in each of the kinds of insurance or surety bonds he proposes to write, or will be given the necessary instruction as aforesaid within thirty days after the issuance of said license, to the end that the interests of the insuring public and of the insurers may be reasonably served; (4) That the applicant intends to engage in business as an insurance or surety agent to do an insurance or surety business with the general public, and is not actuated principally in applying for a license by the prospect of insuring the health, interest, or property of himself or that of relatives or employers, or of a single person or corporation, or procuring surety bonds thereon or therefor, nor for the procuring of surety bonds or the insurance of property other than any vehicle required by law to be registered with the state authorities as a condition precedent to its operation on the public highway, or interests therein of which he is himself, or through his employer, or employers, as agent, vendor, custodian, bailee, trustee, payee, or otherwise interested or able to control the obtaining or placing of insurance or surety bonds therefor in whole or in part; (5) That the applicant has never been refused a license or had a license revoked by any insurance department for reasons that should preclude the granting of the license applied for; (6) That the applicant intends to carry on in good faith the business of an insurance or surety agent, and that said applicant does not seek the appointment for the purpose of avoiding or preventing the operation or enforcement of the insurance laws of this state, and that the granting of the license applied for will not be in violation of such laws either in letter or in spirit; provided, that no license shall be refused by the insurance commissioner without providing an opportunity to the applicant within thirty days to be heard and produce evidence in support of his application. Sec. 4. If it shall be brought to the attention of the insurance commissioner, or if written charges be filed with him showing that any agent licensed hereunder has willfully misstated any material fact in his application, or that the purpose of applying for such license was to avoid or prevent the operation or enforcement of any antirebate law or any insurance law of this state, or that such agent licensed hereunder conducts his business in a dishonest manner or misrepresents the policies or contracts he sells, or misrepresents the policies or contracts of other agents or companies or other insurers, or is incapable, or is conducting his business in such manner as to cause injury to the public or those dealing with him, or if said agent or other person licensed hereunder obtained his license in an unfair manner or by concealment or misrepresentation, then the insurance commissioner shall give notice to such agent licensed hereunder and cite him to appear before the insurance commissioner and show cause why his license as an insurance or surety agent or other person licensed hereunder should not be suspended or revoked. |
κ1935 Statutes of Nevada, Page 145 (CHAPTER 69, AB 178)κ
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in such manner as to cause injury to the public or those dealing with him, or if said agent or other person licensed hereunder obtained his license in an unfair manner or by concealment or misrepresentation, then the insurance commissioner shall give notice to such agent licensed hereunder and cite him to appear before the insurance commissioner and show cause why his license as an insurance or surety agent or other person licensed hereunder should not be suspended or revoked. If at the hearing of said order to show cause it should appear that said agent or other person licensed hereunder has willfully misstated any material fact in his application to the insurance commissioner, or that the purpose in applying for such license was to avoid or prevent the operation of any antirebate law or other insurance law of this state, or that such agent or other person licensed hereunder conducts his business in a dishonest manner or misrepresents the policies or contracts of other agents or companies, or other insurers, or is incapable, or is conducting his business in such manner as to cause injury to the public or those dealing with him, or that said agent or other person licensed hereunder has obtained his license in an unfair manner or by concealment or misrepresentation, then the commissioner shall revoke or suspend for a period to be fixed by the commissioner the license of such agent licensed hereunder, and shall notify the agent or other person licensed hereunder and the company or other insurer such agent represents of the revocation or suspension. Sec. 5. If at any time the commissioner revokes or suspends the license theretofore issued to any agent licensed hereunder, or refuses to grant a license, the applicant or the agent or other person licensed hereunder may commence an action against the insurance commissioner for the purpose of reviewing the facts pertinent to the controversy, and for the purpose of obtaining relief or canceling the act of the insurance commissioner. In any such action the court shall have full power to investigate all the facts de novo without regard to the determination previously made by the insurance commissioner. Sec. 6. All of the provisions of the civil practice act relating to pleadings, proofs, trials, and appeals shall be applicable to such action. Sec. 7. Such action shall be commenced and tried in the district court of the county in which such agent or other person licensed hereunder resides, unless the parties thereto stipulate otherwise. Sec. 8. Unless revoked by the commissioner, or unless the company or other insurer by written notice to the commissioner cancels the authority of the agent or other person licensed hereunder to act, the license or any renewal thereof shall expire on the first day of February next after its issue or renewal. |
License may be revoked, when
Action may be commenced if license revoked
Civil practice act to govern
District court to have jurisdiction
Renewal of licenses |
κ1935 Statutes of Nevada, Page 146 (CHAPTER 69, AB 178)κ
|
Penalty for false representation
Life insurance companies excepted
Invalidity of one section not to affect others
Repeal
In effect |
person licensed hereunder to act, the license or any renewal thereof shall expire on the first day of February next after its issue or renewal. Any license issued after this section takes effect may, in the discretion of the insurance commissioner, be renewed for a succeeding year by a renewal certificate without the commissioner requiring the detailed information required by this act. Sec. 9. Any person who shall act or offer to act or assume to act as an insurance or surety agent or other person required to be licensed hereunder, unless licensed by the insurance commissioner as provided in this act, or after such license granted to him has been suspended or revoked, unless proceedings are pending in the courts to review the act of the commissioner, shall be guilty of a misdemeanor. Sec. 10. The terms of this act shall not be construed to apply to life insurance companies nor to their agents or solicitors. Sec. 11. If any section, paragraph, sentence, clause or phrase of this act shall, for any reason, be held unconstitutional or void, the same shall not affect the validity of any other portion of this act; and the legislature of the State of Nevada hereby declares that it would have passed this act and each section, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, paragraphs, sentences, clauses, or phrases be declared unconstitutional or void for any reason. Sec. 12. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 13. This act shall be in full force and effect from and after May 1, 1935. |
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[Senate Bill No. 27Committee on Ways and Means]
Chap. 70An Act to amend an act entitled An act providing a general corporation law, approved March 21, 1925, as amended, and to repeal an act entitled An act providing a general corporation law, approved March 16, 1903, as amended.
[Approved March 20, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the act entitled An act providing a general corporation law, approved March 21, 1925, and being section 1600 Nevada Compiled Laws 1929, is hereby amended to read as follows: |
κ1935 Statutes of Nevada, Page 147 (CHAPTER 70, SB 27)κ
|
Section 1. The provisions of this act shall apply to corporations hereafter organized in this state except such corporations as are expressly excluded by the provisions of this act; they shall also apply to corporations organized and still existing under any prior act or any amendment thereto, unless any such corporation be expressly excepted from the operation hereof, or there be a special provision concerning any class thereof inconsistent with some provision of this act, in which case such special provisions shall prevail, with the same force and effect as if such corporations had originally been organized under this act. Neither the existence of corporations formed or existing prior to the enactment of this act, nor any liability, cause of action, right, privilege or immunity validly existing in favor of or against any such corporation at the time of the enactment of this act or the enactment at the regular legislative session of 1935 of the amendment to this section 1 of this act shall be in anyway affected, taken away or impaired by the enactment of such amendment to this section 1 of this act, or by any change in the requirements for the formation of corporations provided by this act, nor by the amendment or repeal of any laws under which such prior existing corporations were formed or created. Sec. 2. A new section to be numbered 95 1/2 is hereby added to said act, which shall read as follows: Section 95 1/2. The act entitled An act providing a general corporation law, approved March 16, 1903, and being section 1696 to section 1803, inclusive, Nevada Compiled Laws 1929, as amended, is hereby repealed. Sec. 3. This act shall take effect and be in force from and after March 30, 1935. |
To whom provisions of act apply
Act repealed
In effect |
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|
[Assembly Substitute for Assembly Bill No. 220Committees on Ways and Means and Judiciary]
Chap. 71An Act creating a commission to be known as the Colorado river commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof, and repealing all acts and parts of acts in conflict with this act.
[Approved March 20, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A commission is hereby created to be known as the Colorado river commission of Nevada, to consist of five (5) members, four (4) thereof to be appointed by the governor. A majority of the commissioners shall constitute a quorum for the transaction of business and not more than three (3) members of said commission shall be of the same major political affiliation. |
Colorado river commission of Nevada created |
κ1935 Statutes of Nevada, Page 148 (CHAPTER 71, Assembly Substitute for Assembly Bill No. 220)κ
|
Governor to appoint
Qualifications of commissioners
Removal for cause
$10 per diem for members
Meetings; duties of commission |
a quorum for the transaction of business and not more than three (3) members of said commission shall be of the same major political affiliation. Within thirty days after the passage and approval of this act the governor shall appoint the said commissioners, and two of said commissioners shall hold office for a term of two years and two for a term of four years, and until their successors are appointed and qualified. Any vacancies shall be filled by appointment by the governor for the unexpired term. The governor shall be a member and chairman of said commission, and any and all acts or contracts entered into by the commission pertaining to the water of the Colorado river belonging or allotted to or contracted by the State of Nevada and the electrical power developed at Boulder dam belonging, allotted to or contracted by the State of Nevada shall not be binding upon the State of Nevada until approved by the governor. Sec. 2. The said appointed commissioners shall have the following qualifications: They shall each be citizens of the State of Nevada, residents therein for at least five years, and shall have a general knowledge of the development of the Colorado river and its tributaries within the State of Nevada, and shall have general knowledge of the rights of the State of Nevada insofar as the same pertain to the waters of said river allocated or allotted to or contracted by the State of Nevada, and insofar as pertains to the acquisition and distribution of the electrical power belonging or allotted to or contracted by the State of Nevada and generated at Boulder dam. Sec. 3. The governor may at any time remove any commissioner for neglect of duty or malfeasance in office. Sec. 4. The members of said commission shall receive as compensation $10 for each day actually employed on the work of said commission and their actual and necessary expenses incurred in the performance of their duties; provided, the living expenses of each member or employee shall not exceed ten dollars ($10) per day while necessarily absent from home attending to the business of the commission. Sec. 5. Within a reasonable time after the appointment of the members of said commission, the said commission shall meet upon the call of the governor and effect an organization by electing one of their members secretary. The commission shall audit all bills and expenses and per diem of its members, and, when the same shall have been certified to by the chairman and secretary, the secretary shall file the same with the state board of examiners for its action, and the same shall be paid out of any moneys appropriated for that purpose. |
κ1935 Statutes of Nevada, Page 149 (CHAPTER 71, Assembly Substitute for Assembly Bill No. 220)κ
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Sec. 6. The principal place of business of said commission shall be the capitol building in Carson City, Nevada. The commissioners shall meet at such times and in such places as shall be designated by the chairman; provided, however, that a majority of said commissioners may call a meeting of said commission at any time and place designated by them in a written notice thereof given all members of said commission as herein provided. Notice of all meetings shall be given to each of the members of said commission by the secretary, or otherwise, at least five (5) days before each meeting; provided, that any such notice may be waived by the member or members in writing. Sec. 7. The duties of said commission shall be: To collect and arrange all data and information connected with the Colorado river and its tributaries which may affect or be of interest to the State of Nevada; to present the same to the governor for his information; to represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado river or its tributaries, or in connection with Boulder dam; to render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado river and its tributaries and the development of power thereon; to render friendly cooperation and to negotiate with, cooperate with, and invite industries for the purpose of establishing the same within the State of Nevada; to negotiate with the representatives of other states and the United States in an endeavor to equitably settle and define the rights of the states and of the United States in the water of the Colorado river and its tributaries; to make and enter into agreements, compacts or treaties between the State of Nevada and the states of Arizona, California, Colorado, New Mexico, Utah and Wyoming, either jointly or severally, which said agreements, compacts or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada; to report to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of said river allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Boulder dam; to cooperate with and to establish, conduct and maintain in conjunction with other states or federal agencies, power, water and irrigation projects. Said commission is hereby empowered to receive, protect, and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado river and to the power generated thereon, now held by or which may hereafter accrue to the State of Nevada under and by virtue of any act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise. |
Principal office at capitol building; may designate meeting place
Duties of commission
To negotiate with other agencies |
κ1935 Statutes of Nevada, Page 150 (CHAPTER 71, Assembly Substitute for Assembly Bill No. 220)κ
|
Nevada interests to be safeguarded
Commission to have supervisory powers
Revenues to go to state treasurer |
and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado river and to the power generated thereon, now held by or which may hereafter accrue to the State of Nevada under and by virtue of any act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise. Said commission shall hold and administer all rights and benefits pertaining to the distribution of the power in this act mentioned for the State of Nevada, and is hereby empowered to lease, sublease, let, sublet, contract or sell the same on such terms as such commission shall determine; and provided further, that every applicant for power to be used within the State of Nevada shall, before said application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of such lease, sublease, contract, or other agreement; provided, however, that the said power shall not be sold for less than the actual cost to the State of Nevada as determined by the secretary of the interior of the United States; and provided further, that before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for two weeks; and provided further, that said commission shall require any person desiring to make objection thereto, to file said objection with the secretary of said board within ten days after the date of the last publication of said notice. If any objection shall be filed pursuant to such notice, then it shall be the duty of said commission to set a time and place for a hearing of said objections not more than 30 days after the date of the last publication of said notice; and provided further, that not more than ten percent of the power allocated to or contracted by the State of Nevada shall ever be held directly or indirectly by any one person, firm, association or corporation for resale; and provided further, that any such lease, sublease, contract or sale, either of the water or power in this act mentioned, shall not become binding upon the State of Nevada until ratified and approved by the governor of said state. All revenues derived from the sale, lease or use of the water or power in this act mentioned, and all revenues which shall become due and owing to the State of Nevada under any such lease, contract or sale, or otherwise, shall be received, collected and paid directly to the state treasurer of the State of Nevada and deposited by him in a fund, hereby created, to be known as and called the Colorado river commission fund. |
κ1935 Statutes of Nevada, Page 151 (CHAPTER 71, Assembly Substitute for Assembly Bill No. 220)κ
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be received, collected and paid directly to the state treasurer of the State of Nevada and deposited by him in a fund, hereby created, to be known as and called the Colorado river commission fund. Said commission is hereby authorized to adopt such written rules and regulations governing this procedure as may be just and reasonable. Sec. 8. All members of the said Colorado river commission shall give bond to the State of Nevada for the faithful performance of their duties, in such sum as the board of examiners shall, from time to time, direct; the premiums on such bonds shall be paid out of any fund appropriated for the support of said commission. Sec. 9. Said commission shall have power to employ such assistants and employees as may be absolutely necessary to carry into effect the purposes of this act, at reasonable salaries to be fixed by the commission and with such duties as may be prescribed by the commission. Sec. 10. Said commission shall have power to hold hearings, receive and hear objections filed to the granting of contracts after advertisement, require the attendance of witnesses, and take testimony whenever it shall deem it necessary to carry out the provisions of this act. Any commissioner is hereby authorized and empowered to administer oaths to any witnesses called to testify at any hearing or proceeding before the commission. Sec. 11. Revenues received from the sale of power or water or otherwise shall be by the commission disbursed as follows: (1) To the payment to the federal government of the cost of falling water and generation of power in accordance with bills rendered by the secretary of the interior of the United States. (2) To the repayment to the State of Nevada of any moneys advanced or appropriated to the commission, said repayment to be placed in and to be a part of the general fund of the state. (3) All vouchers for the disbursement of said funds shall, before payment, be submitted to and approved by the board of examiners of the State of Nevada and paid out of the Colorado river commission fund upon warrants to be drawn by the state controller and paid by the state treasurer. Sec. 12. For the purposes of carrying out the provisions of this act, the sum of twenty-five thousand ($25,000) dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, and the said controller and state treasurer are hereby authorized and directed to make the necessary transfer of the money so appropriated. |
May adopt rules
Commissioners to give bond
May employ assistants
Commission to hold hearings
Disbursement of revenue
Appropriation, $25,000 |
κ1935 Statutes of Nevada, Page 152 (CHAPTER 71, Assembly Substitute for Assembly Bill No. 220)κ
|
Duties of controller and treasurer
Governor must approve acts of commission
Act repealed
Invalidity of one section not to affect others
In effect |
Sec. 13. The state controller is hereby authorized and required to draw his warrants on said Colorado river commission fund for payment of all claims against said fund when approved in the manner hereinbefore specified, and the state treasurer is hereby authorized and required to pay the same. Sec. 14. No power or authority which is granted to or which may be exercised by the Colorado river commission shall be binding upon either the commission or the State of Nevada unless the same shall have the approval in writing of the governor. Sec. 15. That certain act of the legislature of the State of Nevada entitled An act creating a commission to be known as the Colorado river development commission of Nevada, defining its powers and duties, and making an appropriation for the expense thereof, approved February 20, 1923, being chapter 29, 1923, Statutes of Nevada, page 35 et seq., as amended, and being Nevada Compiled Laws 1929, sections 1430-1439, both inclusive, and also all acts and parts of acts in conflict herewith, are hereby repealed. Sec. 16. If any section, provision or clause of this act shall be declared invalid, such invalidity shall not be construed to affect the portions of this act not so held invalid. Sec. 17. This act shall become effective immediately upon its passage and approval. |
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Act cited
Purposes of act set forth |
[Assembly Bill No. 256Clark and Lincoln County Delegations]
Chap. 72An Act providing for the creation of power districts; prescribing powers and duties of such districts; and authorizing such districts to conduct and operate utilities for the production, transmission or distribution of electric energy, and to issue bonds and providing for the payment of such bonds, and other matters relating thereto.
[Approved March 20, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. This act may be cited as The Power District Law. Sec. 2. That economic conditions recently accentuated and brought into bold relief require a program to make available an abundant supply of electricity at the lowest cost consistent with sound economy and prudent management for use in the mining areas for the purpose of raising the standard of living in these areas, promoting more efficient development and use of mineral resources and of providing employment. |
κ1935 Statutes of Nevada, Page 153 (CHAPTER 72, AB 256)κ
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efficient development and use of mineral resources and of providing employment. Urgent necessity for providing employment, and experience in other methods of meeting this problem, demonstrate the necessity for providing a simple and expeditious procedure for carrying out this program. It is hereby declared that the procedure provided in this act is the only feasible and practicable method for creating the administrative units described therein for making available to the state, federal assistance to aid in carrying out the purposes of this act. Sec. 3. That unless the context otherwise requires: (1) Municipal power district, power district or district means a municipal power district organized under this act, either as originally organized or as the same may be from time to time altered or amended. (2) Municipality, for the purposes of this act, shall include any city or town, incorporated or unincorporated, and any school district within the state. (3) Governing body, whenever used in relation to any municipality, means the body or board, by whatever name known, having charge of the governing of a municipality. It shall be held to include the mayor, the board of county commissioners, for the use and benefit of the inhabitants of any unincorporated town or city, or other chief executive officers of the municipality, in any case wherein the concurrence or approval of such official or officials is required by the law governing such municipality for the adoption of any municipal ordinance or resolution or other municipal act provided for in this act. (4) Filed, whenever used in relation to any order or determination of the commission, means filed in the office of the secretary of state. (5) Board of directors, directors or board means the board of directors of a municipal power district selected as provided in this act, duly constituted, organized and acting as a board. (6) Commission means the public service commission of Nevada. (7) Public utility or utility means the plant, works, system, facilities or properties, together with all parts thereof, the appurtenances thereto, including contract rights, used and useful primarily for the production, transmission or distribution of electric energy to or for the public for any purpose. Sec. 4. That a municipal power district may be created in any of the ways hereinafter provided, and when so created shall be considered a municipal corporation and may exercise the powers herein granted under such corporate name as the commission may designate. |
Terms used defined
Municipal power districts created |
κ1935 Statutes of Nevada, Page 154 (CHAPTER 72, AB 256)κ
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Procedure for creating districts
Commission may make investigations
Petition may be filed; duties of commission |
(1) The governing body of any municipality proposed to be included in a district may pass a resolution declaring that the public interest or necessity demands the creation and maintenance of a municipal power district, describing the territory to be included in the proposed district, and file a certified copy thereof in duplicate with the commission. Upon receipt of the resolution the commission shall make an investigation of the propriety of creating the proposed district, and of the character of utility feasible and economically desirable for the district, and of the territory to be served. After investigation the commission shall issue an order approving or disapproving the creation of the district, and, if it approves, determining the character of utility appropriate to the district. If the commission finds (a) that the public convenience and necessity require the creation of a power district, and (b) that the creation of a power district is economically sound and desirable, it shall enter an order so finding, approving the creation of the district and defining its territorial limits, a certified copy of which order shall be filed by the commission. Thereupon the district shall be and constitute a municipal corporation as hereinbefore provided. (2) The commission may from time to time, on its own motion, make investigations as to the feasibility and propriety of creating districts within the state, of the territory to be served by such districts, and of the character of utility feasible and economically desirable therefor. If, as a result of such investigations, the commission determines (a) that the public convenience and necessity require the creation of a power district or districts, and (b) that the creation of a power district or districts is economically sound and desirable, it shall enter an order making such determination, defining the territorial limits of the district or districts, and designating the character of utilities to be operated therein by the district or districts, a certified copy of which order shall be filed. Thereupon the district or districts shall be and constitute a municipal corporation or corporations as hereinbefore provided. (3) A petition, signed by 10 per centum of the electors of any municipality proposed to be included in a district, declaring that the public interest or necessity demands the creation and maintenance of a power district, describing the territory to be included in the proposed district, may be filed with the commission. Upon receipt of the petition the commission shall make an investigation of the propriety of creating the proposed district, and of the character of utility feasible and economically desirable for the district, and of the territory to be served. After investigation the commission shall issue an order approving or disapproving the creation of the district and, if it approves, determining the character of utility appropriate to the district. |
κ1935 Statutes of Nevada, Page 155 (CHAPTER 72, AB 256)κ
|
the creation of the district and, if it approves, determining the character of utility appropriate to the district. If the commission finds (a) that the public convenience and necessity require the creation of a power district, and (b) that the creation of a power district is economically sound and desirable, it shall enter an order so finding, approving the creation of the district and defining its territorial limits; a certified copy of which order shall be filed by the commission. Whereupon the district or districts shall be and constitute a municipal corporation or corporations as hereinbefore provided. Sec. 5. Whenever the commission shall, after hearing, determine that it is in the public interest and in the interest of efficient and economical operation of a utility to alter the territorial limits of a district, it shall so order and a certified copy of such order shall be filed. Thereupon the territorial limits of the district shall be considered altered in accordance with such order. Sec. 6. Two or more districts may be consolidated by: (a) A determination of the board of each district, fixing the terms and conditions of such commission. If the commission finds that such consolidation is in the public interest and in the interest of efficient and economical utility service, it shall approve such consolidation and a certified copy of the order approving the same shall be filed. Thereupon the consolidation shall be effective to create a single district; (b) By order of the commission fixing the terms and conditions of such consolidation. If the commission finds that such consolidation is in the public interest and in the interest of efficient and economical utility service, it shall approve such consolidation and a certified copy of the order approving the same shall be filed. Thereupon the consolidation shall be effective to create a single district. Preexisting rights and liabilities shall not be affected by such consolidation. Sec. 7. Whenever the commission shall, after a public hearing held on reasonable notice, determine that the continued existence of the district is not in the public interest, and is not in the interest of efficient and economical utility service it shall make an order to such effect, and a certified copy of such order shall be filed. Such determination shall be subject to review by certiorari or other suit, action, or proceeding in any court of competent jurisdiction. Whereupon the district shall cease to continue as a body corporate for the purpose of doing business, but shall continue as such for such period as the commission may determine to settle the business of the district, wind up its affairs, dispose of its assets and settle its obligations, and for no other purpose. Under such circumstances the directors shall have the powers of receivers in equity, subject to the supervisory control of the commission, to determine what is in the best interests of creditors and the users of the service of the district. |
Territorial limits of district may be changed
Consolidation of districts; pre-existing rights not affected
Dissolution of district; procedure |
κ1935 Statutes of Nevada, Page 156 (CHAPTER 72, AB 256)κ
|
Powers of district |
powers of receivers in equity, subject to the supervisory control of the commission, to determine what is in the best interests of creditors and the users of the service of the district. In the event of dissolution the assets of the district and the proceeds thereof shall be used first to pay the expenses of settling the affairs of the district, then the creditors in the order of their priority, and any surplus remaining shall be divided among and paid to the municipalities in the district in proportion to the gross operating revenues of the district derived from payment for services furnished within the territorial limits of each municipality. Sec. 8. (1) A district shall be created for the purpose of conducting and operating a utility, and to carry out such purpose shall have power and authority to acquire, construct, reconstruct, operate, maintain, extend or improve any utility within or without the district, and to furnish, deliver and sell to the public, and to any municipality and to the state and any public institution, heat, light and power service and any other service, commodity or facility which may be produced or furnished in connection therewith. (2) Any district created pursuant to the provisions of this act shall be vested with all the powers necessary and requisite for the accomplishment of the purpose for which such district is created, capable of being delegated by the legislature. No enumeration of particular powers herein created shall be construed to impair or limit any general grant of power herein contained nor to limit any such grant to a power or powers of the same class or classes as those enumerated. The district is empowered to do all acts necessary, proper or convenient in the exercise of the powers granted under this act. (3) Any district created pursuant to this act shall have the power: (a) To sue and be sued. (b) To have a seal. (c) To acquire by purchase, gift, devise, lease or exercise of the power of eminent domain or other mode of acquisition, hold and dispose of real and personal property of every kind within or without the district, subject to mortgages or any other liens. (d) To make and enter into contracts, conveyances, mortgages, deeds of trust, bonds or leases. (e) To incur debts, to borrow money, to issue negotiable bonds and to provide for the rights of holders thereof. (f) To fix, maintain and collect rates and charges for any service. (g) To pledge all or any part of its revenues. |
κ1935 Statutes of Nevada, Page 157 (CHAPTER 72, AB 256)κ
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(h) To make such covenants in connection with the issuance of bonds, or to secure the payment of bonds, that a private business corporation can make under the general laws of the state, notwithstanding that such covenants may operate as limitations on the exercise of any power granted by this act. (i) To use freely and occupy any public highway, street, way or place reasonably necessary to be used or occupied for the maintenance and operation of such utility or any part thereof, subject to such local regulations as may be imposed in connection therewith by any regulations of the governing body of the municipality in which such highway, street, way or place is located. Sec. 9. (1) The government of the district shall be vested in a board of three directors, to be appointed by the board of county commissioners of the county within which the district is situated, from among the qualified electors of the district within thirty days after the creation and incorporation of the district. (2) The regular terms of directors of the district after the first term shall be four years. Each director shall hold office until his successor is selected and qualified. Each director shall, before entering upon discharge of his duties, take and subscribe to the constitutional oath of office and furnish bond in such penal sum as the commission may, from time to time, determine, conditioned upon the faithful and impartial performance of his duties, said oath of office and bond to be approved by and filed with the commission. The first directors of the district shall be selected for terms of two, three and four years, respectively. (3) The death of a director, his resignation, his removal for cause by the appointing power, or his disability to continue for any cause to act as director, or his change of residence from the district, shall vacate the office. Within 20 days after a determination of the vacancy by the appointing power, a successor for the unexpired term shall be selected by such appointing power. (4) Each director of the district shall receive compensation from the district for his services as such at the rate of five ($5) dollars for each day he shall attend meetings of the board, or when he is engaged upon business of the board, said per diem not to exceed the sum of one thousand ($1,000) dollars in any one year for the three directors. Each director shall also be entitled to be reimbursed for actual and necessary expenses incurred by him in the performance of his duties required of him by law or by resolution or vote of the board. Sec. 10. That the board of directors of any district shall have power and authority: |
Powers of district
Government of district
Terms of directors
Vacancy, how filled
Compensation of directors |
κ1935 Statutes of Nevada, Page 158 (CHAPTER 72, AB 256)κ
|
Powers of board of directors
District may issue bonds |
(1) To exercise by vote, ordinance or resolution all of the general powers of the district. (2) To make all needful rules, regulations and bylaws for the management and the conduct of the affairs of the district and of the board. (3) To adopt a seal for the district, prescribe the style thereof, and alter the same at pleasure. (4) To lease, purchase, sell, convey and mortgage the property of the district and to execute all instruments, contracts, mortgages, deeds or bonds on behalf of the district in such manner as the board shall direct. (5) To inquire into any matter relating to the affairs of the district, to compel by subpena the attendance of witnesses and the production of books and papers material to any such inquiry, to administer oaths to witnesses and to examine such witnesses. (6) To appoint and fix the salaries and duties of such officers, experts, agents and employees as it deems necessary, to hold office during the pleasure of the board and upon such terms and conditions as the board may require. (7) To do all things necessary or convenient to carry out its functions. Sec. 11. That each district shall have power and is hereby authorized from time to time to issue its negotiable bonds in anticipation of its revenues. Said bonds may be issued for any corporate purpose or purposes of such district. Said bonds shall be authorized by resolution of the board of such district and may be issued in one or more series, may bear such date or dates, mature at such time or times not exceeding forty (40) years from their respective dates, bear interest at such rate or rates, not exceeding six (6) per centum per annum, payable semiannually, be in such denominations, be in such form, either coupon or registered, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, be declared or become due before the maturity date thereof, as such resolution or resolutions may provide. Said bonds may be issued for money or property (at public or private sale for such price or prices) as the board shall determine; provided, that the interest cost to maturity of the money or property (at its value as determined by such board, the determination of which shall be conclusive), received for any issue of said bonds, shall not exceed six per centum per annum, payable semiannually. Said bonds may be repurchased by the district out of any funds available for such purpose at a price of not more than the principal amount thereof and accrued interest, and all bonds so repurchased shall be canceled. |
κ1935 Statutes of Nevada, Page 159 (CHAPTER 72, AB 256)κ
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Pending the preparation or execution of definite bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser of said bonds. Sec. 12. That in addition to all other remedies, any holder of a bond of any district incorporated under this act, including a trustee for bond holders, shall have the right, subject to any contractual limitations binding upon such bond holders or trustee, and subject to the prior or superior rights of others: (1) By mandamus or other suit, action or proceedings, at law or in equity, to enforce his rights against such district and the board of such district, including the right to require such district and such board to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of, the revenues produced by such rates or charges, and to require such district and such board to carry out any other covenants and agreements with such bond holder and to perform its and their duties under this act. (2) By action or suit in equity to enjoin any acts or things which may be unlawful or a violation of the rights of such bond holder. (3) By action or suit in equity to require such authority to act as if it were the trustees of an express trust for such bond holder. (4) By suit, action or proceeding in court exercising equitable jurisdiction to obtain the appointment of a receiver and of the enterprise in which the district is engaged or any part or parts thereof, who may enter and take possession of such utility or any part or parts thereof, including all property, land, property rights, easements and other adjuncts of the utility, and such receiver may operate and maintain the same, and collect and receive all revenues thereafter arising therefrom in the same manner as such district itself might do, and shall deposit all such moneys in a separate account or accounts and apply the same in accordance with the obligations of such district as the court shall direct. Sec. 13. That any county within the territorial limits of which a district is situated may advance funds to such district to pay the preliminary organization and administration expenses thereof, on such terms of repayment as may be agreed upon, and said counties are hereby authorized to declare an emergency and secure necessary funds in the manner now provided by law authorizing short-term loans. Sec. 14. That this act is complete in itself and shall be controlling. The provisions of any other law, general, special or local, except as provided in this act, shall not apply to a district incorporated under this act. |
Rights of bondholders
Counties may advance funds to district
Act controlling |
κ1935 Statutes of Nevada, Page 160 (CHAPTER 72, AB 256)κ
|
Power of eminent domain exercised
Requirements for bond issue
Invalidity of one section not to affect others
In effect |
Sec. 15. The power of eminent domain herein granted may be exercised in the manner provided by Nevada Compiled Laws 1929, sections 9153 to 9176, inclusive, as amended or supplemented, or any law hereafter enacted for that purpose. Sec. 16. No district shall have any authority to issue general obligation bonds under or by virtue of this act, unless it shall comply with the law limiting indebtedness and tax rate and requiring a bond election. Sec. 17. That if any provision of this act, or the application of such provision to any person, body, or circumstances shall be held invalid, the remainder of this act, or the application of such provision to persons, bodies or circumstances other than those as to which it shall have been held invalid, shall not be affected thereby. Sec. 18. This act shall take effect upon its passage and approval. |
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Peddler defined
Wholesaler defined |
[Assembly Bill No. 120Mr. Oldham]
Chap. 73An Act to amend an act entitled An act to regulate the use, supply and possession of narcotic drugs in the State of Nevada, and to provide penalties for the violation thereof, approved February 23, 1923.
[Approved March 20, 1935]
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, being section 5088 N. C. L. 1929, is hereby amended to read as follows: Section 5. A peddler of any of the narcotic drugs enumerated in section 1 of this act is hereby defined as a person selling, furnishing, or giving away, or growing, or having in his possession for the purpose of sale, furnishing, or gift of any of said narcotic drugs in quantities not exceeding one ounce. A wholesaler of any of the narcotic drugs enumerated in section 1 of this act is hereby defined as a person selling, furnishing, or giving away, or growing, or having in his possession for the purpose of sale, furnishing, or gift of any of said narcotic drugs in quantities exceeding one ounce. Any person violating the provisions of this section shall be guilty of a felony, and shall be punished as follows: Any person who shall be convicted of being a peddler as herein defined shall be punished by imprisonment in the state prison for a period of not less than five years, and any person who shall be convicted of being a wholesaler as herein defined shall be punished by imprisonment in the state prison for a period of not less than ten years. |
κ1935 Statutes of Nevada, Page 161 (CHAPTER 73, AB 120)κ
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shall be punished by imprisonment in the state prison for a period of not less than ten years. Proof of the possession of any narcotic drug enclosed or wrapped in a package or container or otherwise arranged in such form as to be suitable or adapted for the purposes of sale shall be prima-facie proof of possession for the purpose of the sale. Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective from and after its passage and approval. |
Proof of possession prima-facie evidence
Repeal
In effect |
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|
[Assembly Bill No. 88Committee on Ways and Means]
Chap. 74An Act to provide an excise tax on the distribution of motor vehicle fuel and on the use of any other inflammable or combustible liquids, used to propel motor vehicles on the highways of this state; to provide for the payment and collection thereof; to provide for the licensing of dealers engaged in the distribution of motor vehicle fuel and the filing of bonds by such dealers; to provide for the keeping of records by dealers and retailers of motor vehicle fuel, and the examination thereof; to provide for reports of carriers of motor vehicle fuel and imposing duties on such carriers and on consumers; to provide for the administration and enforcement thereof by the Nevada tax commission and fixing its duties in relation thereto; to fix penalties for the violation of the provisions of this act; to provide for the disposition of the said tax; to provide for refunds; to define certain words, terms and phrases herein; to prohibit political subdivisions from imposing similar taxes; and to repeal all other acts or parts of acts in conflict herewith.
[Approved March 21, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following words, terms and phrases in this act are for the purposes thereof defined as follows: (a) Motor vehicle shall mean and include every self-propelled motor vehicle, including tractors, operated on a surface highway. (b) Motor vehicle fuel shall mean and include gasoline and any other inflammable or combustible liquid, by whatever name such liquid may be known or sold, the chief use of which in this state is as a fuel for the propulsion of motor vehicles; provided, however, that neither kerosene, gas oil nor fuel oil shall be considered motor vehicle fuel for the purposes of this act. |
Words and phrases defined |
κ1935 Statutes of Nevada, Page 162 (CHAPTER 74, AB 88)κ
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Words and phrases defined
Dealers in motor vehicle fuel to pay state excise tax of 4 cents per gallon |
(c) The tax commission mentioned in this act shall be the Nevada tax commission as defined in the Statutes of Nevada relating to the creation thereof or its duly authorized agents. (d) Dealer shall mean and include every person who refines, manufactures, compounds or otherwise produces motor vehicle fuel and sells or distributes the same in this state; also every person who imports motor vehicle fuel into this state and sells or distributes the same therein, whether in the original package or container in which it is imported or otherwise, or who shall use the motor vehicle fuel in this state after having imported the same; also, every person who, having acquired motor vehicle fuel in this state in the original package or container, shall distribute or sell the same, whether in such original package or container or otherwise, or in any manner use the same. (e) Person shall mean and include every natural person, association, firm or partnership, corporation, trustee, receiver and the legal representative or representatives of the estate of any deceased person. (f) Retailer shall mean and include every person, other than a dealer as herein defined, engaged in the business of selling motor vehicle fuel. (g) Distributes and Distribution. For the purposes of this act all motor vehicle fuel sold, donated, consigned for sale, bartered, used, or in anyway voluntarily disposed of so as to terminate the ownership and possession thereof by the dealer shall be deemed to be distributed and considered as distribution hereunder; provided, however, that in lieu of the collection and refund of the tax on motor vehicle fuel used by a dealer in such a manner as would entitle a purchaser to claim refund under the provisions of section 5 hereof, credit may be given such dealer upon his tax return and assessment. (h) Highway shall mean every way or place of whatever nature open to the use of the public, for purposes of surface traffic, including highways under construction. Sec. 2. In addition to any other taxes provided for by law, every dealer shall, not later than the twenty-fifth day of each calendar month, render to the tax commission a statement of all motor vehicle fuel sold, distributed or used by him in the State of Nevada during the preceding calendar month, and shall pay an excise tax of four cents per gallon on all motor vehicle fuel so sold, distributed or used, in the manner and within the time hereinafter prescribed; provided, however, that from the tax found to be due upon any such statement duly and punctually rendered the dealer shall be allowed to deduct two percent thereof to cover the dealers costs of collection of the tax and of compliance with this act and the dealers handling losses occasioned by evaporation, spillage or other similar causes. |
κ1935 Statutes of Nevada, Page 163 (CHAPTER 74, AB 88)κ
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costs of collection of the tax and of compliance with this act and the dealers handling losses occasioned by evaporation, spillage or other similar causes. Every person who shall use any inflammable or combustible liquid or other material other than motor vehicle fuel as herein defined to operate a motor vehicle on the highways of this state shall pay an excise tax of four cents for each gallon thereof so used, and shall render monthly statements and make monthly payments at the times and in the manner prescribed for dealers in this act, and such users shall be similarly allowed to deduct two percent of the tax found to be due upon any statement duly and punctually rendered as aforesaid. Any owner or operator of a motor vehicle who shall import motor vehicle fuel or other fuel or material into this state in the fuel tank or tanks of any such motor vehicle in a quantity exceeding twenty-five (25) gallons in the fuel tank or tanks thereof, shall, upon demand of the tax commission or its duly authorized agent, pay to said tax commission on such excess motor vehicle fuel the excise tax required to be paid by dealers. Nothing in this act shall be construed to require more than one payment of any excise tax upon, or in respect to, the same fuel. Sec. 3. The excise tax herein prescribed shall be paid on or before the twenty-fifth day of each calendar month to the state treasurer, who shall receipt the dealer therefor. The money so collected by the state treasurer shall be by him placed to the credit of the Nevada state highway fund; provided, however, that where by legislative act, bonds for the payment of road construction have heretofore been authorized, and in such legislative act provision is made for the payment of principal and interest on such bonds by transfer of moneys from county-state highway funds for the purpose of making such payments, there shall be transferred by the directors of the state highway department at the date stated in the several legislative acts sufficient money from the state highway fund to the county-state highway interest and redemption fund of such counties for making such interest and redemption payments on such bonds. All costs of administration of this act shall be paid from the state highway fund on claims presented by the tax commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid. Sec. 4. It shall be unlawful from and after the effective date of this act for any person to be a dealer without holding the license for which provision is made in this section. On and after said date every person before becoming a dealer shall apply to the tax commission on forms to be prescribed and furnished by said tax commission for a license authorizing such applicant to engage in business as a dealer. |
Any and all motor vehicle fuel taxed
Importers of in excess of 25 gallons to pay tax
One payment of tax only Tax to be paid on or before 25th of each month
Dealers must be licensed by tax commission |
κ1935 Statutes of Nevada, Page 164 (CHAPTER 74, AB 88)κ
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Fee for license
Applicant must file bond
May deposit cash in lieu of bond
License may be revoked, when
Licensee to be heard
Expenses, how paid |
prescribed and furnished by said tax commission for a license authorizing such applicant to engage in business as a dealer. The fee for such license shall be five ($5) dollars for each fiscal year or portion thereof, which shall be paid to the tax commission and by it delivered to the state treasurer, and credited to the state highway fund as provided in section 3 of this act. Before granting any such license said tax commission shall require the applicant to file with said tax commission a bond duly executed by such applicant as principal and by a corporation qualified under the laws of this state, as surety, payable to the State of Nevada, conditioned upon faithful performance of all the requirements of this act and upon the punctual payment of all excise taxes, penalties and other obligations of such applicant as a dealer. The total amount of the bond or bonds required of any dealer shall be fixed by the tax commission at twice the estimated monthly tax, determined in such manner as said tax commission shall deem proper, and may be increased or reduced by said tax commission at any time subject to the limitations herein prescribed; provided, however, that the total amount of the bond or bonds of any dealer shall never be less than one thousand dollars nor more than ten thousand dollars. No recovery on any bond, nor the execution of any new bond, nor the revocation of any license, shall affect the validity of any bond. In lieu of any such bond or bonds any dealer may deposit with the state treasurer, under such terms and conditions as the tax commission may prescribe, a like amount of lawful money of the United States, or bonds of the United States or of the State of Nevada of an actual market value not less than the amount fixed as aforesaid by said tax commission. The tax commission shall have power to revoke the license of any dealer refusing or neglecting to comply with the provisions of this act. Before revoking any license issued hereunder the tax commission shall send notice by registered mail directly to the particular dealer at his last known address ordering him to show cause, before said tax commission at Carson City, or such other place in this state as may be designated by the tax commission, at a time not less than ten (10) days after the mailing of such notice, why his license issued hereunder should not be revoked. The tax commission shall allow such dealer an opportunity to be heard in pursuance of such notice, and thereafter shall have full power to revoke his license issued hereunder. The tax commission is hereby authorized to have paid out of the state highway fund all expenses incurred in the prosecution before any court of this state of any person charged with the violation of any of the provisions of this act. |
κ1935 Statutes of Nevada, Page 165 (CHAPTER 74, AB 88)κ
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prosecution before any court of this state of any person charged with the violation of any of the provisions of this act. Sec. 5. The provisions of this act requiring the payment of excise taxes shall not apply to motor vehicle fuel so long as it remains in interstate or foreign commerce, nor to motor vehicle fuel exported from this state by a dealer or sold to the government of the United States for official use of such government, but every dealer shall report such exports and sales to the tax commission at such times, on such forms, and in such detail as said tax commission may require. Any claim for exemption from excise tax by reason of sale to the government of the United States or any department thereof may be made by the dealer at any time within six (6) months after the date of the sale, and all other claims may be made within three (3) months from the date of sale, but no claim made after the expiration of said periods shall be recognized for any purpose by the state or any agency thereof. Any person who shall export any motor vehicle fuel from this state, or who shall sell any such fuel to the government of the United States for official use of such government, or who shall buy and use any such fuel for purposes other than in and for the propulsion of motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this act, either directly by the collection of such tax by the vendor from such consumer or indirectly by the adding of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him or it, upon presenting to the tax commission an affidavit, accompanied by the original invoices showing such purchase, which affidavit shall be verified by the oath of such affiant and shall state the total amount of such fuel so purchased and used by such consumer otherwise than for the propulsion of motor vehicles, as defined in this act, that claimant has paid the price therefor, and the manner and the equipment in which claimant has used the same; and as to such motor vehicle fuel purchased and sold to the United States government, or any department thereof, for the official use of said government, claimant shall upon such sale obtain a receipt or written statement signed by a duly authorized agent, officer or representative of the United States government, or the department thereof, stating that such officer, agent, or representative is authorized to make such purchase of motor vehicle fuel for and on behalf of the United States government or the particular department thereof, and that such motor vehicle fuel will be used by the United States government or by its officers, agents, employees or representatives, for official use only, or shall obtain the usual United States government motor vehicle fuel tax exemption certificate; and as to motor vehicle fuel purchased and exported from this state, the claimant for refund shall execute and furnish to the tax commission certificate of exportation on such form as may be prescribed by the tax commission, properly sworn to, and said tax commission upon the presentation of such affidavits and invoices, written statements, tax exemption certificates or exportation certificates, shall cause to be repaid to such claimant from the taxes collected hereunder, an amount equal to the taxes so paid by the claimant; provided further, however, that application for refund, together with the necessary supporting evidence as provided by this paragraph must be filed with the tax commission within three (3) months from the date of purchase; provided, however, that supporting evidence on sales to the United States government must be filed with the tax commission within six (6) months from date of such sales; otherwise all rights to such refunds shall be forfeited; and provided further, that the tax commission shall have the right if it so desires, in order to establish the validity of any claim, to examine the books and records of the claimant for such purpose, and the failure upon the part of the claimant to accede to such demand shall constitute a waiver of all right to the refund claimed on the account of the transactions questioned. |
Certain exceptions as to payment of taxes
Refund of tax to certain operators |
κ1935 Statutes of Nevada, Page 166 (CHAPTER 74, AB 88)κ
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Refund of tax to certain operators
Dealer to keep record |
fuel tax exemption certificate; and as to motor vehicle fuel purchased and exported from this state, the claimant for refund shall execute and furnish to the tax commission certificate of exportation on such form as may be prescribed by the tax commission, properly sworn to, and said tax commission upon the presentation of such affidavits and invoices, written statements, tax exemption certificates or exportation certificates, shall cause to be repaid to such claimant from the taxes collected hereunder, an amount equal to the taxes so paid by the claimant; provided further, however, that application for refund, together with the necessary supporting evidence as provided by this paragraph must be filed with the tax commission within three (3) months from the date of purchase; provided, however, that supporting evidence on sales to the United States government must be filed with the tax commission within six (6) months from date of such sales; otherwise all rights to such refunds shall be forfeited; and provided further, that the tax commission shall have the right if it so desires, in order to establish the validity of any claim, to examine the books and records of the claimant for such purpose, and the failure upon the part of the claimant to accede to such demand shall constitute a waiver of all right to the refund claimed on the account of the transactions questioned. Motor vehicle fuel carried out of this state to an amount not exceeding twenty-five (25) gallons in the fuel tank or tanks of such motor vehicle shall not be deemed to be exported for the purposes of this section. All claims for refunds under this section shall be paid from the Nevada state highway fund upon claims presented by the said tax commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid. Sec. 6. Every dealer shall cause to be kept a true record, in such form as may be prescribed or approved by the tax commission, of all stocks of motor vehicle fuel and of other inflammable or combustible liquids, and of all manufacture, refining, compounding, blending, purchases, receipts, transportation, use, sales and distribution thereof. Such records shall be subject to inspection at all times within business hours by the tax commission or its duly authorized agents, and shall remain so available for inspection for a period of two years from the date of any entry therein. Should any dealer wish to keep proper books and records pertaining to business done in Nevada elsewhere than within the State of Nevada, for inspection as aforesaid, said dealer shall pay a fee for such examination of ten ($10) dollars per day for each day or fraction thereof during which the examiner is actually engaged in examining such dealers books, plus the actual expenses of the examiner during the time that said examiner is absent from the capitol building, Carson City, Nevada, for the purpose of making such examination; provided, however, that such time shall not exceed one day going to and one day coming from the place where the examination is to be made in addition to the number of days or fractions thereof said examiner is actually engaged in auditing dealers books; and further, that not more than two such examinations shall be charged against any dealer in any year. |
κ1935 Statutes of Nevada, Page 167 (CHAPTER 74, AB 88)κ
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actual expenses of the examiner during the time that said examiner is absent from the capitol building, Carson City, Nevada, for the purpose of making such examination; provided, however, that such time shall not exceed one day going to and one day coming from the place where the examination is to be made in addition to the number of days or fractions thereof said examiner is actually engaged in auditing dealers books; and further, that not more than two such examinations shall be charged against any dealer in any year. Upon the demand of the tax commission, or at such times as it may by regulation prescribe, every dealer shall furnish a statement showing the contents of said records to such extent, in such detail and in such form as the said tax commission may require. Every retailer shall maintain and keep within the state for a period of two years a true record of motor vehicle fuel received, of the price thereof and the name of the person supplying the same, together with delivery tickets, invoices and such other records as the tax commission may require. Such records shall be subject to inspection by the tax commission or its duly authorized agents at all times within business hours. Sec. 7. Every carrier, whether common or private, transporting motor vehicle fuel or other inflammable or combustible liquids in interstate commerce to or from any point within the State of Nevada shall report under oath to the tax commission all deliveries so made. Such report shall cover the period of each calendar month and shall be filed within fifteen days after the end of such month, shall show the name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made, the date of every delivery and the amount thereof in gallons, the number and initials of every car in case of shipment by rail, the state registration and license number of every motor vehicle in case of shipment by road, and such additional information as the tax commission may require. The tax commission or its duly authorized agents may examine the books and records of any carrier during business hours to determine if the provisions of this section have been or are being complied with. Sec. 8. Every person transporting on any highway of the State of Nevada motor vehicle fuel or other inflammable or combustible liquids in the amount of twenty-five gallons or more must have in his possession at all times during such transportation an invoice, bill of sale or other document showing the name and address of the seller or consignor and of the buyer or consignee, if any, of the product so transported, and shall produce and exhibit the same to any sheriff, deputy sheriff, police officer or authorized agent of the tax commission upon request or demand; provided, however, that any person so engaged in transporting motor vehicle fuel or other inflammable or combustible liquids by tank truck or tank truck and trailer to be delivered to a dealer or any reseller of such products or to persons known to the trade as commercial consumers, shall only be required to have in his possession adequate evidence showing the amount of said motor fuel, or other inflammable or combustible liquids loaded in his conveyance at the time said conveyance left its loading point, and the name and address of the dealer who has assumed or is charged with the responsibility for the payment of the tax due thereon, if any, and the date of delivery thereto must be furnished the tax commission upon request. |
Record to be kept by retailer
Carriers to report to tax commission
Transporters of motor vehicle fuel must have invoice |
κ1935 Statutes of Nevada, Page 168 (CHAPTER 74, AB 88)κ
|
Exception
Tax commission to enforce act
Powers and duties of tax commission |
tax commission upon request or demand; provided, however, that any person so engaged in transporting motor vehicle fuel or other inflammable or combustible liquids by tank truck or tank truck and trailer to be delivered to a dealer or any reseller of such products or to persons known to the trade as commercial consumers, shall only be required to have in his possession adequate evidence showing the amount of said motor fuel, or other inflammable or combustible liquids loaded in his conveyance at the time said conveyance left its loading point, and the name and address of the dealer who has assumed or is charged with the responsibility for the payment of the tax due thereon, if any, and the date of delivery thereto must be furnished the tax commission upon request. Sec. 9. Except as otherwise provided, the tax commission shall be charged with the administration and enforcement of this act. Said tax commission shall have power, by itself, or by its duly authorized agents, to make any audit, examination or inquiry of and concerning the records, stocks, facilities, equipment and transactions of dealers, retailers of petroleum products, and carriers thereof, and such other investigations as it may deem necessary in carrying out the provisions of this act. If any investigation shall disclose that any report or any payment has been incorrect, said tax commission may make such changes in subsequent reports and payments as may be necessary to correct the error so disclosed. The tax commission may appoint auditors, accountants, inspectors, clerks and such other assistants or agents as it may deem necessary to enforce its powers and perform its duties under this act, and may fix their compensation and provide for their necessary expenses; provided, however, that no expenditure shall be made or obligation incurred under this section in excess of five (5) percent of the amount collected under this act. The tax commission shall have power to make all necessary rules and regulations and prescribe all necessary forms or other requirements for the purpose of making the administration of this act effective. The respective county sheriffs and all other peace officers and traffic officers of this state are charged with the duty, without further compensation, of assisting in the enforcement of this act, and it shall be their duty to make arrests for this purpose when requested by the tax commission, or its duly authorized agents. The tax commission shall, upon request duly received from the officials to whom are intrusted the enforcement of the motor vehicle fuel tax laws of any other state, forward to such officer any information which it may have in its possession relative to the manufacture, receipt, sale, use, transportation or shipment by any person of motor vehicle fuel. |
κ1935 Statutes of Nevada, Page 169 (CHAPTER 74, AB 88)κ
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such officer any information which it may have in its possession relative to the manufacture, receipt, sale, use, transportation or shipment by any person of motor vehicle fuel. Sec. 10. If any excise tax shall not be paid within the time prescribed by this act, a penalty of ten percent shall be added thereto for delinquency, and both tax and penalty shall bear interest at the rate of one percent per month until paid. The attorney-general or the district attorney of any county shall, at the request of the tax commission, collect such delinquent tax with penalty and interest, and, to that end, shall forthwith commence and prosecute to final determination an action in the name of the State of Nevada, in any court of competent jurisdiction. In any such action the certificate of the tax commission shall be prima-facie evidence of the amount of such tax and penalty and of the obligation therefor of the person named in such certificate. In any action on a bond filed by a dealer, recovery may be had against the surety without exhausting or seeking a remedy against the dealer. Sec. 11. No injunction or writ of mandate or other legal or equitable process shall ever issue in any suit, action or proceeding in any court against this state or against any officer thereof, to prevent or enjoin the collection under this act of any excise tax assessed by the tax commission; but after payment of any such excise tax under protest duly verified, served on the tax commission, and setting forth the grounds of objection to the legality of such excise tax, the dealer paying such excise tax may bring an action against the state treasurer in the district court of the county of Ormsby for the recovery of the excise tax so paid under protest. No such action may be instituted more than ninety (90) days after the last day prescribed for the payment of such excise tax without penalty, and failure to bring suit within said ninety (90) days shall constitute waiver of any and all demands against this state on account of alleged overpayment of excise taxes hereunder. No grounds of illegality of the excise tax shall be considered by the court other than those set forth in the protest filed at the time of the payment of the excise tax. If in any such action judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any excise taxes due from the plaintiff under this act, and the balance of the judgment shall be refunded to the plaintiff. In any such judgment, interest shall be allowed at the rate of six percent (6%) per annum upon the amount of the excise tax found to have been illegally collected from the date of payment thereof to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warrant by not more than thirty (30) days, such date to be determined by the tax commission. |
Penalty for nonpayment
Enforcement of act by certain officials
Injunction or writ of mandate against state not to issue
Procedure when judgment in favor of plaintiff |
κ1935 Statutes of Nevada, Page 170 (CHAPTER 74, AB 88)κ
|
Judgment only in favor of payee
Penalty for refusal to make or making false statement
One tax only
Proviso
Invalidity of one section not to affect others |
of such judgment or to a date preceding the date of the refund warrant by not more than thirty (30) days, such date to be determined by the tax commission. In no case shall any judgment be rendered in favor of the plaintiff in any action brought against the state treasurer to recover any excise tax paid hereunder when such action is brought by or in the name of an assignee of the dealer paying such excise tax, or by any person, company or corporation other than the person, company or corporation that has paid such excise tax. Sec. 12. Any person who shall refuse or neglect to make any statement, report or return required by the provisions of this act, or who shall knowingly make, or shall aid or assist any other person in making a false statement in a report to the tax commission, or in connection with an application for refund of any tax, or who shall knowingly collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of such tax without being entitled to the same, or who shall engage in business in this state as a dealer without being the holder of an uncanceled license to engage in such business, or who shall sell any motor vehicle fuel, purchased by such person from any person other than a duly licensed dealer upon which the tax herein imposed shall not be paid, or who shall otherwise violate any of the provisions of this act, shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisonment in the county jail for a term of not less than thirty (30) days, and not more than six (6) months, or both such fine and imprisonment. Each day or part thereof during which any person shall engage in business as a dealer without being the holder of an uncanceled license shall constitute a separate offense within the meaning of this section. Sec. 13. The tax herein imposed is in lieu of any excise, privilege or occupation tax upon the business of manufacturing, selling, or distributing motor vehicle fuel, and no county, city, village, or other political subdivision or municipal corporation shall levy or collect any excise tax upon, or measured by, the receipt, storage, sale, distribution, transportation or use of motor vehicle fuel, or any other inflammable or combustible liquids; provided, however, that nothing herein contained shall be deemed to apply to any motor vehicle fuel taxation in effect on January 1, 1935, in any city or town in this state. Sec. 14. If any section, subdivision, sentence, phrase, or clause of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. The legislature hereby declares that it would have passed the remaining portions of this act irrespective of the fact that any such section, subsection, clause, sentence, or phrase of this act be declared unconstitutional. |
κ1935 Statutes of Nevada, Page 171 (CHAPTER 74, AB 88)κ
|
declares that it would have passed the remaining portions of this act irrespective of the fact that any such section, subsection, clause, sentence, or phrase of this act be declared unconstitutional. Sec. 15. This act shall become effective on April 1, 1935. Sec. 16. All acts and parts of acts in conflict herewith, and particularly an act entitled An act to provide an excise tax on the sale of gasoline, distillate, and other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles; to provide for the collection thereof; to provide a manner of ascertaining the number of gallons of gasoline, distillate and such other volatile and inflammable liquids produced or compounded for the purpose of operating or propelling motor vehicles sold or distributed in the State of Nevada; to provide for the registration of dealers engaged in the distribution of and sale of gasoline, distillate and other volatile and inflammable liquid fuels; fix a penalty for the violation of the provisions of this act; to define certain words, terms and phrases herein, and to repeal all other acts or parts of acts in conflict herewith, approved March 20, 1923, and all acts amendatory thereof, are hereby repealed. |
In effect
Certain act repealed |
________
|
[Assembly Bill No. 233Mr. Murphy]
Chap. 75An Act defining kidnaping, establishing different degrees thereof, providing penalties therefor, and other matters properly connected therewith.
[Approved March 21, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who willfully seizes, confines, inveigles or kidnaps another with intent to keep him without the authority of the law, to be secretly imprisoned and confined within the state or to be sent out of the state or in anyway held to service or detained against his will, or leads, takes, entices away or detains a minor with intent to keep or confine it from its parents or guardians or other person having lawful guide or control thereof, or with intent to steal any article about and on the person of the minor, is guilty of kidnaping in the second degree. Every person who willfully seizes, confines, inveigles, abducts, entices or by force or fraud, unlawfully takes or carries away or brings another within the state or procures or advises, aids or abets such an abduction, enticing, taking, or conveying away for the purpose of extorting or obtaining money or reward for the return or disposition of the person, is guilty of kidnaping in the first degree. |
Kidnaping defined; second degree
First degree |
κ1935 Statutes of Nevada, Page 172 (CHAPTER 75, AB 233)κ
|
Penalty
Repeal
In effect |
obtaining money or reward for the return or disposition of the person, is guilty of kidnaping in the first degree. Sec. 2. Every person guilty of kidnaping in the second degree shall be imprisoned in the state prison for a term which shall not be less than one year and which may be for life. Every person guilty of kidnaping in the first degree shall suffer death or, upon recommendation of the jury, may be imprisoned in the state prison for life. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 4. This act shall be in full force and effect from and after its passage and approval. |
________
|
Relatives not to be employed |
[Assembly Bill No. 162Committee on Education]
Chap. 76An Act to amend an act entitled An act to prohibit school trustees, state, county, municipal and township officials from employing or keeping in their employ any person or persons related to them within the third degree of consanguinity or affinity, and providing penalties for the violation of the provisions of this act, approved February 18, 1927.
[Approved March 21, 1935]
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 4851 N. C. L. 1929, is hereby amended to read as follows: Section 1. From and after the passage and approval of this act it shall be unlawful for any individual acting as a school trustee, state, township, municipal, or county official, or for any board, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality, or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity; provided, however, the foregoing shall not apply to school districts having only one teacher, when the teacher so related is not related to more than one of the trustees by consanguinity or affinity, and shall receive a unanimous vote of all members of the board of trustees or county board of education; provided further, that this act shall not be construed to apply at any time to trustees and school employees who are related to them and in service at the time of the passage of this act, and who shall have been duly elected in accordance with the nepotism act of March 16, 1925, as amended February 18, 1927; and provided further, that nothing in this act shall prevent any officer in this state, employed under a flat salary, form employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer. |
κ1935 Statutes of Nevada, Page 173 (CHAPTER 76, AB 162)κ
|
accordance with the nepotism act of March 16, 1925, as amended February 18, 1927; and provided further, that nothing in this act shall prevent any officer in this state, employed under a flat salary, form employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer. Nothing in this act shall be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities, or school districts. Sec. 2. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage and approval. |
Repeal
In effect |
________
|
[Assembly Bill No. 202Messrs. Shelly and Gray]
Chap. 77An Act regulating the sale of used bedding and other material, designating the agency for the enforcement hereof, defining the duties of certain persons in relation hereto, providing a penalty for the violation hereof, and other matters properly relating thereto.
[Approved March 21, 1935]
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, association or corporation, engaged in the operation of the business of manufacturing, making, renovating and selling mattresses, bed coverings, sheets, pillows and other similar bedding used for sleeping purposes, in this state, to sell or to offer to sell, or to dispose of any used or second-hand bedding, as described in this act, directly or indirectly, without first having the same thoroughly sterilized and securely labeled with a tag sewed on each article marked thereon Sterilized, Second-hand, which said tag shall show name of manufacturer, renovator, or dealer. Sec. 2. It shall be the duty of the state board of health to prescribe rules, regulations, method and process of sterilization as mentioned in this act. Sec. 3. The enforcement of the provisions of this act shall be under the department of weights and measures. Sec. 4. Every person violating any of the provisions of this act shall be guilty of a misdemeanor and punished accordingly. |
Sale of used bedding and other material; must be labeled
Duty of state board of health
Who to enforce act
Penalty for violation |
κ1935 Statutes of Nevada, Page 174 (CHAPTER 77, AB 202)κ
|
Repeal In effect |
Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 6. This act shall become effective from and after its passage and approval. |
________
|
Preamble
Teachers certificates to be renewed |
[Assembly Bill No. 228Mr. Riddell]
Chap. 78An Act authorizing and directing the state board of education to renew teachers certificates expiring in 1935 and 1936.
[Approved March 21, 1935]
Whereas, Since the bank failures of November, 1932, in Nevada, a large portion of the money set aside and on deposit in such banks for the payment of teachers salaries has been and is still tied up and unavailable; and Whereas, The economic depression during the same period has made the collection of taxes slow and inadequate; and Whereas, For want of funds many school have been closed, others have reduced the length of their school year, and many others have reduced the salaries of their teachers to a level hardly affording a bare living; and Whereas, In various counties warrants have been used and are still being used to pay teachers salaries, which warrants must be held for long periods of time, to the great inconvenience of their holders; and Whereas, By reason of these facts many Nevada teachers are unemployed and many others who are employed are without funs to attend summer schools and otherwise to meet the requirements of law and of the state board of education for renewal of their certificates; and Whereas, In view of the further fact that such teachers have been faithful and loyal to the traditions of their profession, and it being no fault of theirs that they are in this deplorable predicament, it is a matter of common justice that their certificates should be renewed without expense to them; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. During the calendar years 1935 and 1936 it is hereby made the duty of the state board of education, and the particular officers charged with the execution of such duty, to renew each and every certificate of each and every teacher holding the same, who has in all other respects complied with the laws of the State of Nevada pertaining thereto, which at any time during such years shall expire, upon the application in writing of the holder or holders thereof, stating the grounds or reasons for the renewal of such certificate or certificates. |
κ1935 Statutes of Nevada, Page 175 (CHAPTER 78, AB 228)κ
|
application in writing of the holder or holders thereof, stating the grounds or reasons for the renewal of such certificate or certificates. This section shall be construed to apply to any case where a certificate has expired between January 1, 1935, and the approval of this act. Sec. 2. Nothing in this act shall be held to supersede or conflict with the state board of education in relation to the holding of summer schools for the benefit of teachers who may be financially able to attend summer schools to be held in the years 1935 and 1936 in Nevada. Sec. 3. The provisions of any act or portion of the school code inconsistent or conflicting with the provisions of this act are hereby suspended until the first day of January, 1937. Sec. 4. This act shall become effective immediately after its approval. |
Application of act
Attendance at summer schools
Certain provisions suspended
In effect |
________
|
[Assembly Bill No. 150Mr. Stewart]
Chap. 79An Act providing for the sanitation of food-producing establishments, places where food is stored, prepared, kept or manufactured, and in which food is distributed; regulating the health of persons by whom the materials from which food is prepared or the finished product is handled; providing for the inspection of such places, persons and things; requiring certificates of health for employees therein, defining the duties of certain persons in relation hereto, providing penalties for the violations hereof, and other matters properly relating thereto.
[Approved March 21, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every building, room, basement or cellar occupied or used as a bakery, confectionery, cannery, packing house, slaughterhouse, restaurant, hotel, grocery, meat market or other place or apartment used for the production, preparation for sale, manufacture, packing, storage, sale or distribution of any food shall be properly lighted, drained, plumbed and ventilated, and conducted with strict regard to the influence of such conditions upon the health of the operatives, employees, clerks or other persons therein employed, and the purity and wholesomeness of the food therein produced, kept, handled or sold; and for the purpose of this act the term food shall include all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof. |
Sanitary requirements outlined |
κ1935 Statutes of Nevada, Page 176 (CHAPTER 79, AB 150)κ
|
Health certificate must be procured
Certain persons barred from employment
Penalty for violation
Repeal
In effect |
simple or compound, and all substances and ingredients used in the preparation thereof. Sec. 2. Every person employed in and about any place designated in section 1 of this act shall, before engaging in any such employment, secure from a city or county physician certificate showing the holder thereof to be free from any of the diseases hereinafter specified, or any other infectious or contagious disease. Such certificate shall be received at least twice a year, and during the period of employment such employee shall display such certificate at the place of employment in a conspicuous place in view of the public. Sec. 3. No employer shall require, permit or suffer any person to work, nor shall any person work, in a building, room, basement, cellar, place or vehicle, occupied or used for the production, preparation, manufacture, packing, storage, sale, distribution or transportation of food, who is afflicted or affected with any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis, consumption, bubonic plague, Asiatic cholera, leprosy, trachoma, typhoid fever, epidemic dysentery, measles, mumps, German measles, whooping cough, chickenpox, or any other infectious or contagious disease. Sec. 4. Every person, firm, company, or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars, nor more than five ($500) hundred dollars, or by imprisonment in the county jail for not less than twenty-five days nor more than six months, or by both such fine and imprisonment. Sec. 5. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 6. This act shall become effective from and after its passage and approval. |
________
κ1935 Statutes of Nevada, Page 177κ
|
[Senate Bill No. 63Senator Robbins]
Chap. 80An Act to amend an act entitled An act to provide for the organization and governing of local improvement districts for the construction or acquisition of power plants, electrical transmission lines, sewer and water systems for rural communities and unincorporated towns, and for the acquisition and distribution of electrical energy of water or other property in connection therewith, and for the operation and maintenance of such works, and matters properly connected therewith, approved February 4, 1928, by adding thereto a new section to be known as 5 1/2.
[Approved March 21, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act, being sections 3455 to 3495, inclusive, N. C. L. 1929, is hereby amended by adding a new section to be known as section 5 1/2, reading as follows: Section 5 1/2. If no nominations for the office of directors be made as required by section 5 of this act, no election need be held for the election of directors for the next succeeding two-year period, and in such event the then existing board of directors shall hold over for such succeeding two-year period. Sec. 2. This act shall become effective from and after its passage and approval. |
Present board to serve when no election
In effect |
________
|
[Senate Bill No. 67Senator Winters]
Chap. 81An Act to provide for the erection and furnishing of the Nevada supreme court and state library building in Carson City, Nevada; providing for the use of portions thereof for other state offices; defining the duties of the board of control 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 21, 1935]
Whereas, The present state capitol is and has been for several years overcrowded, and in many instances the offices of a single department are separated and in different parts of the building, and some of the departments crowded out of the state capitol and other state buildings; and the supreme court is small and inconvenient and is used as a mere passageway between the main capitol building and the building where the state law library is kept, and there is much interruption and annoyance to the court and its proceedings on that account; and the building in which the present state library is situated is being injured and may soon be ruined and destroyed by the great weight of the many thousands of valuable books, pamphlets, periodicals, |
Preamble |
κ1935 Statutes of Nevada, Page 178 (CHAPTER 81, SB 67)κ
|
Preamble |
present state library is situated is being injured and may soon be ruined and destroyed by the great weight of the many thousands of valuable books, pamphlets, periodicals, documents and other printed matter therein, all of which are practically invaluable to the people of the entire state, and represent an investment to the state of many thousands of dollars, and many years of hard labor has been expended in the accumulation thereof; and there is a grave lack of rooms, offices and accommodations in the present capitol for legislative committees and for committee work, and for the bill drafters and other legislative officers and attaches, including also the lieutenant governor of the state; and the state printing office is in great need of the entire building in which it is now situated, and a portion of the upper story of which building is being used by the public service commission of the state, and said public service commission greatly needs more rooms for its offices and for filing space and cabinets, and a large room or hall in which it can hold its many large public hearings; and Whereas, The supreme court and its clerk, reporter, and stenographers and other attaches, and the entire legal department of the state, including the attorney-general and his staff, and the offices thereof, and the state library, should all be situated in one building, for the reason that both the members of the supreme court and their appointees and attaches, and the attorney-general and his staff must use said library almost constantly, and it should be within easy access of all of them; and Whereas, The federal government, through its federal emergency administration of public works department, is ready and willing to grant and advance to the State of Nevada approximately thirty (30) percent of the cost and expense of the material and labor used in the construction of such a supreme court and state library building to house and accommodate said supreme court and state library, and the other offices provided for therein, amounting to approximately thirty-seven thousand five hundred ($37,500) dollars, as a gift or grant to the State of Nevada, and without requiring a refund thereof, as an incident to the furnishing of employment and to encourage its building program, and this is of great advantage to the State of Nevada, and now is the opportune time to take advantage of such benefits; now, therefore,
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 and furnishing of Nevada supreme court and state library building in Carson City, Nevada, near the state capitol building, on a site to be deeded to the State of Nevada in fee simple by the board of county commissioners of Ormsby County, and/or the city trustees of Carson City, Nevada; said building shall be designed so as to provide and furnish suitable quarters for a courtroom for the meetings of the supreme court, offices for the justices of that court and their stenographers, offices for the clerk of the supreme court, and a court reporter of said court, and for the Nevada state library, and offices for the librarians, and offices for the attorney-general and his staff. |
κ1935 Statutes of Nevada, Page 179 (CHAPTER 81, SB 67)κ
|
on a site to be deeded to the State of Nevada in fee simple by the board of county commissioners of Ormsby County, and/or the city trustees of Carson City, Nevada; said building shall be designed so as to provide and furnish suitable quarters for a courtroom for the meetings of the supreme court, offices for the justices of that court and their stenographers, offices for the clerk of the supreme court, and a court reporter of said court, and for the Nevada state library, and offices for the librarians, and offices for the attorney-general and his staff. The board of control 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 supreme court of this state, the Nevada state library, and the other officers and employees above named 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 incident thereto, and of an elevator and the equipment, fixtures, furniture and furnishings of said building, and of the expense of the transfer of the state library thereto and its installation therein, shall not exceed the sum of one hundred twenty-five thousand ($125,000) dollars, approximately thirty (30) percent of which, to wit, about thirty-seven thousand five hundred ($37,500) dollars, is to be a grant from the federal government, as hereinbefore indicated; provided, that not more than ten ($10) dollars shall be paid for acquiring the site for said building. Said board of control on or before the first day of June, 1935, shall employ a competent architect to prepare and submit plans and specifications to said board for the said construction work, and the heating and lighting systems, and the fixtures and equipment herein provided for, and when said plans and specifications are approved by the board, said board shall immediately apply to said federal emergency administration of public works, or the other proper federal agency charged with the authority and duty of advancing such funds, for the grant of the moneys so to be advanced on account of the costs and expenses of the materials and labor for such construction, and advertise for a period of three (3) weeks in some newspaper of general circulation in the State of Nevada, to be selected by said board, for sealed bids for the construction of said building and the heating and lighting systems, an elevator for said building, and the fixtures and equipment thereof in accordance with the plans and specifications, which shall be on file at a place and time to be stated in said advertisement subject to inspection. Said board shall let the contract or contracts for the construction of said building and heating plant and lighting plant, and the fixtures and equipment thereof to the lowest and best responsible bidder or bidders; provided, that any and all bids may, for sufficient reason, be rejected. |
Erection of supreme court and library building provided for
Duties of board of control
Cost of building $125,000; federal government to participate |
κ1935 Statutes of Nevada, Page 180 (CHAPTER 81, SB 67)κ
|
Progress payments provided for; fund created
Bonds to be issued by commission; interest; retirement
Certain funds to have preference in purchase of bonds |
thereof to the lowest and best responsible bidder or bidders; provided, that any and all bids may, for sufficient reason, be rejected. In the awarding of contracts preference shall be given in accordance with the requirements of the public works administration of the federal government. Sec. 3. The board of control shall provide in all contracts for the times and amounts of progress payments on said contracts as the work progresses, such stated portion of moneys earned under said contract as said board shall deem reasonable to protect the state to be held 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 construction of said building, and of the heating and lighting systems of said building, the elevator therein, and the equipment, fixtures, furniture, and furnishings thereof, and of the transfer and installation of said state library, shall be paid out of the Nevada supreme court and state library building fund in the state treasury, herein provided for, upon claims approved by the board of control, 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 supreme court and state library 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 ninety thousand ($90,000) dollars to supplement the amount of money so to be granted by the federal government. Said bonds shall be in denominations of one thousand ($1,000) dollars each, payable in legal tender 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 not more than four percent per annum, payable semiannually, that is to say, on the first day of January and the first day of July of each year, and shall be paid within twenty (20) 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, the state insurance fund of the Nevada industrial commission, and/or such other funds as may have moneys available for legal investment, as moneys may be available in the state treasury in said funds, or either or any of them. |
κ1935 Statutes of Nevada, Page 181 (CHAPTER 81, SB 67)κ
|
If sufficient money be not available in any or all of such funds, the bonds herein provided for may be sold as needed for the purposes herein stated at public or private sale as said board of control may deem for the best interests of the state. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as the Nevada supreme court and state library building fund. At least two of said bonds of one thousand ($1,000) dollars each shall be redeemed on each interest paying date specified in said bonds for the payment of such interest, commencing on January 1, 1937. Sec. 6. There shall be levied annually an ad valorem tax of not less than three and one-half ($0.0035) mills on each one hundred dollars of the taxable property of the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the Nevada supreme court and state library building interest and redemption fund, which is hereby created, and 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 for in this act to the amount of such surplus. Sec. 7. This act shall become effective from and after its passage and approval. |
May be sold at public or private sale, when
Tax to be levied for retirement of bonds
In effect |
________
|
[Senate Bill No. 125Senator Sawyer]
Chap. 82An Act to provide for the transfer of a certain sum of money from the state highway fund to the state highway revolving fund.
[Approved March 21, 1935]
Whereas, Section 13 of an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917, as amended, provides a State Highway Revolving Fund in the amount of thirty thousand ($30,000) dollars to be used by the state highway engineer for the purpose of paying the current pay rolls of the department of highways and other obligations requiring prompt payment; and Whereas, The greater portion of the above fund was deposited in the Carson Valley bank at Carson City, Nevada, for the purpose of carrying out the provision of the aforementioned section of the state highway law; and Whereas, On November 1, 1932, there remained on deposit in the bank, the sum of twelve thousand four hundred fifty-two and 2/100 ($12,452.02) dollars of the highway revolving fund, no part of which has been paid, but which cannot be used by the state highway engineer due to the closing of said bank; and |
Preamble |
κ1935 Statutes of Nevada, Page 182 (CHAPTER 82, SB 125)κ
|
Highway revolving fund rehabilitated
Disposition of dividends
In effect |
deposit in the bank, the sum of twelve thousand four hundred fifty-two and 2/100 ($12,452.02) dollars of the highway revolving fund, no part of which has been paid, but which cannot be used by the state highway engineer due to the closing of said bank; and Whereas, There is now available only the sum of seventeen thousand five hundred forty-seven and 98/100 ($17,547.98) dollars for the purpose of paying current pay rolls of the department of highways and other obligations requiring prompt payment, which sum is insufficient for such purposes for the reason that the entire sum of thirty thousand ($30,000) dollars is needed therefor; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. In order that the state highway engineer may make prompt payment of current pay rolls and other obligations, the state controller of the State of Nevada is hereby authorized, empowered and directed to draw his warrant in favor of the state highway revolving fund in the sum of twelve thousand four hundred fifty-two and 2/100 ($12,452.02) dollars from the state highway fund to replace a similar sum now on deposit in the name of the state highway revolving fund in the closed Carson Valley bank. Sec. 2. If and when any dividends shall be paid by the aforesaid Carson Valley bank on the deposit of the state highway revolving fund, such dividends shall be paid to and deposited to the credit of the state highway fund. Sec. 3. This act shall take effect from and after the date of its passage and approval. |
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Certificate essential to do business |
[Assembly Bill No. 177Mr. Cline]
Chap. 83An Act to amend section 1 of an act entitled An act to license and regulate insurance business in this state, approved February 23, 1881, being section 3540 N. C. L. 1929.
[Approved March 21, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. No company, corporation, or association organized under the laws of this state, or any other state, or government, or firm, or individual, shall be permitted to transact an insurance business in this state, without a certificate from the state controller authoring and permitting the transaction of such business; provided, that no company, corporation or association that has been doing business within this state, and has withdrawn or failed or refused to secure license after doing such business, shall be granted a certificate by the state controller until such company, corporation or association shall have paid the legal tax upon all business done in this state from the time of withdrawal until the time of the renewal of such certificate; and provided further, that the state controller shall not issue a certificate authorizing and permitting the transaction of business until such time as all fines due under this act shall have been paid and satisfied by such company, corporation or association. |
κ1935 Statutes of Nevada, Page 183 (CHAPTER 83, AB 177)κ
|
the state controller authoring and permitting the transaction of such business; provided, that no company, corporation or association that has been doing business within this state, and has withdrawn or failed or refused to secure license after doing such business, shall be granted a certificate by the state controller until such company, corporation or association shall have paid the legal tax upon all business done in this state from the time of withdrawal until the time of the renewal of such certificate; and provided further, that the state controller shall not issue a certificate authorizing and permitting the transaction of business until such time as all fines due under this act shall have been paid and satisfied by such company, corporation or association. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. This act shall become effective immediately upon its passage and approval. |
Repeal
In effect |
________
|
[Assembly Bill No. 264Mr. Kennett]
Chap. 84An Act to enable county commissioners of the various counties of Nevada to provide means by which the various counties may avail themselves of federal, or other aid, for the benefit of the counties, or any district therein, or subdivision thereof; providing for the calling of elections in the various counties, districts or other subdivision thereof, authorizing the county commissioners, as approved by any such election, to issue bonds necessary for carrying out the provisions of any election which may be held hereunder, and other matters properly relating thereto.
[Approved March 26, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county commissioners of the various counties of this state are hereby authorized and directed, whenever petitioned so to do, by a petition signed by at least ten (10%) percent of the duly qualified electors of the county, district, or other subdivision of such county, to call an election therein for the purposes under the provisions of this act. Sec. 2. If and when any federal, or other, aid might become available for public work, improvement, or other public benefit within any county, or subdivision thereof, as hereinbefore designated, which aid might be dependent upon contribution or cooperation by the county, or other subdivision thereof to be benefited thereby, the county commissioners in such county are hereby authorized and directed to call an election within the said county, giving notices thereof in the manner provided for calling and holding elections for bond issues, indicating in such notices the proffered aid or benefit, the required action of the county, and such other data as shall give information to the people thereof as to the matter to be submitted to the voters in said election, and shall fix the date and place or places in which such election shall be held, submitting the question in such form as the commissioners may deem proper, to be decided at such election, and if the issuance of bonds by the county, or any subdivision thereof, may be involved, the amount thereof shall be stated, together with the terms of repayment thereof and the conditions of the bonds sought to be issued. |
County commissioners may call election
Counties may participate in federal aid; procedure |
κ1935 Statutes of Nevada, Page 184 (CHAPTER 84, AB 264)κ
|
Counties may participate in federal aid; procedure
County commissioners to issue bonds, when
Faith of county pledged
Powers and duties of county commissioners |
contribution or cooperation by the county, or other subdivision thereof to be benefited thereby, the county commissioners in such county are hereby authorized and directed to call an election within the said county, giving notices thereof in the manner provided for calling and holding elections for bond issues, indicating in such notices the proffered aid or benefit, the required action of the county, and such other data as shall give information to the people thereof as to the matter to be submitted to the voters in said election, and shall fix the date and place or places in which such election shall be held, submitting the question in such form as the commissioners may deem proper, to be decided at such election, and if the issuance of bonds by the county, or any subdivision thereof, may be involved, the amount thereof shall be stated, together with the terms of repayment thereof and the conditions of the bonds sought to be issued. Sec. 3. If, upon the returns of such election, which are hereby required to be made to the county commissioners, it is shown that a majority of the persons voting at such election were in favor of the issuance of bonds for the purpose or purposes set out in the notice thereof, then the said commissioners shall proceed to have prepared and issued bonds in a sum not to exceed the amount set out in the notice of said election, designating the purpose of the bonds, which said bonds shall in no case provide for interest in excess of four (4%) percent per annum, and the bonds shall not run for a period of more than twenty (20) years. When issued as herein provided the said bonds, or as many thereof as may be necessary to carry out the requirements of the election so had, shall be sold and the proceeds thereof placed in the treasury of said county in a special fund to be designated by the commissioners of said county. In the event that there shall be any uncertainty with the board of county commissioners as to any detail that might be necessary or proper in connection with such election, the board shall provide at its discretion the details necessary to carry out such an election, and the legality of any such discretion upon the part of said board shall not be questioned in the absence of a willful violation of the law. Sec. 4. The said bonds shall provide that the faith and credit of the county issuing the same shall be pledged to the redemption of such bonds. Sec. 5. Whenever any election shall be held under the provisions of this act and any bonds issued and sold in pursuance thereof, the board of county commissioners shall then and there be authorized to do and perform each and every act and thing required by the terms of such proffered aid to avail the said county or other subdivision thereof of said aid; provided, however, that no bond issue shall ever be made under the provisions of this act in excess of the sum of twenty-five thousand ($25,000) dollars, unless approved by the state board of finance of the State of Nevada. |
κ1935 Statutes of Nevada, Page 185 (CHAPTER 84, AB 264)κ
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under the provisions of this act in excess of the sum of twenty-five thousand ($25,000) dollars, unless approved by the state board of finance of the State of Nevada. Sec. 6. In carrying out the provisions of this act any act required or necessary to be performed by any person need not be performed in any specific manner, only insofar as to carry out the honest purposes and intents of this act and the electors voting at any election called under the provisions of this act. No act of any county commissioner or other person acting under the provisions of this act shall be declared to be unlawful unless the same shall have been done with an unlawful intent or purpose. Sec. 7. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 8. This act shall be in full force and effect from and after its passage and approval. |
Intent of act to be deciding factor
Repeal
In effect |
________
|
[Senate Substitute for Senate Bill No. 88Lincoln County Delegation]
Chap. 85An Act designating Cathedral gorge state park, Kershaw canyon-Ryan state park, Beaver dam state park and Boulder dam-Valley of fire state park a portion of the Nevada state parks, reserving certain lands in Lincoln and Clark Counties necessary for park and recreational purposes, providing for the management thereof, and other matters properly connected therewith.
[Approved March 26, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Sections thirty (30), and thirty-one (31), township one south, range sixty-eight (68) east, and the north half of section six (6), township two (2) south, range sixty-eight (68) east M. D. B. & M., containing one thousand five hundred and seventy-eight and sixty-six one hundredth (1,578.66) acres, more or less, is hereby reserved from sale and is set apart for all times for state park and recreational purposes, to be known as Cathedral gorge state park. The aforesaid land having been patented to the State of Nevada by the United States of America under patent No. 1052084, issued November 30, 1931. Sec. 2. The northeast quarter of the northeast quarter of section nineteen (19), township four (4) south, range sixty-seven (67) east, M. D. B. & M., containing forty (40) acres, more or less, having been received by gift, duly deeded to the State of Nevada by James Ryan and his wife, Martha Ann Ryan of Caliente, Lincoln County, Nevada, with the stipulation that it be used only for park purposes, is hereby reserved from sale and is set aside for all times for state park and recreational purposes, to be known as Kershaw canyon-Ryan state park, together with the east half of the northwest quarter, the west half and the southeast quarter of the northeast quarter of section nineteen (19), township four (4) south, range sixty-seven (67) east, M. |
Cathedral gorge state park designated
Kershaw canyon-Ryan state park |
κ1935 Statutes of Nevada, Page 186 (CHAPTER 85, Senate Substitute for Senate Bill No. 88)κ
|
Beaver dam state park
Boulder dam-Valley of fire state park |
Ryan of Caliente, Lincoln County, Nevada, with the stipulation that it be used only for park purposes, is hereby reserved from sale and is set aside for all times for state park and recreational purposes, to be known as Kershaw canyon-Ryan state park, together with the east half of the northwest quarter, the west half and the southeast quarter of the northeast quarter of section nineteen (19), township four (4) south, range sixty-seven (67) east, M. D. B. & M., containing two hundred (200) acres, more or less, is also included in the Kershaw canyon-Ryan state park when the aforesaid-described land is acquired by exchange of lands between the State of Nevada under the act of Congress approved June 8, 1926. Sec. 3. The southwest quarter of the southwest quarter of section sixteen (16); the east half of section seventeen (17); the north half and the southeast quarter of the northwest quarter, the northeast quarter of the southwest quarter, the southwest quarter of the northeast quarter, west half of the southeast quarter and lots two (2) and three (3) of section twenty-one (21); all in township five (5) south, range seventy-one (71) east, M. D. B. & M., containing seven hundred and eighteen and sixty-two one hundredths (718.62) acres, more or less, is to be known as the Beaver dam state park, to be reserved from sale and set aside for all times for state park and recreational purposes, when the aforesaid described land is acquired by exchange of lands between the State of Nevada under the act of Congress approved June 8, 1926. Sec. 4. The north half of section twenty-five (25), the west half of the northwest quarter and the northwest quarter of southwest quarter of section twenty-six (26), township sixteen (16) south, range sixty-six (66) east, M. D. B. & M.; all of sections one (1), twelve (12), thirteen (13), the east half of section fourteen (14), the southeast quarter of section twenty-two (22), all of section twenty-three (23), all of section twenty-four (24), the north half of section twenty-six (26), the northeast quarter of section twenty-seven (27), township seventeen (17) south, range sixty-six (66) east, M. D. B. & M.; the south half of section thirteen (13), all of sections nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty-three (23), the north half of section twenty-four (24), and the north half of section twenty-seven (27), township seventeen (17) south, range sixty-seven east, M. D. B. & M., containing eight thousand, seven hundred fifty-two and forty-seven hundredths (8,752.47) acres, more or less, is hereby reserved from sale and is set apart for all times for state park and recreational purposes, to be known as Boulder dam-Valley of fire state park. The aforesaid land having been patented to the State of Nevada by the United States of America under patent No. 1052084, issued November 30, 1931. |
κ1935 Statutes of Nevada, Page 187 (CHAPTER 85, Senate Substitute for Senate Bill No. 88)κ
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Sec. 5. Said lands are hereby placed under the management and control of the state highway engineer of the State of Nevada, pending the creation of a state parks commission by the legislature of the State of Nevada, and the appointment of the members thereof by the governor. Sec. 6. The cutting or removal of any timber or other forest growth, destruction thereof by fire or other means, except where such cutting or removal is absolutely necessary and authorized or directed by proper authority, for the proper administration or protection of such lands, is hereby prohibited within the above described areas. The destruction or removal of any buildings, parts of buildings, other structures, tables, stoves, or any appurtenances thereto, as well as any historical relics, or natural specimens such a petrified trees, petroglyphs and other relics or material, is hereby prohibited within the above-described areas. Sec. 7. The surveyor-general of the State of Nevada is hereby directed to enter into negotiations with the United States of America so as to provide for the exchange of lands heretofore referred to in sections two (2) and three (3) of this act. Sec. 8. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction may be punished by a fine of not less than twenty ($20) dollars, nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment. Sec. 9. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 10. This act shall become effective from and after its passage and approval. |
Supervision of state parks
Certain acts prohibited
Duties of surveyor-general
Penalty for violation of provisions of act
Repeal
In effect |
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κ1935 Statutes of Nevada, Page 188κ
|
State park commission created
Governor to appoint commission; terms of office
Official oath
Commissioners allowed actual expenses |
[Senate Bill No. 94Senator Burt]
Chap. 86An Act creating a department to be known as the state parks commission of the State of Nevada, designating the members thereof, the qualifications therefor, the method of appointing the same, their term of office, power and duties, providing for the expense thereof by making an appropriation therefor, providing a penalty for the violation thereof, and other matters properly relating thereto.
[Approved March 26, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created a commission in the State of Nevada to be known and designated as the state park commission of the State of Nevada, to consist of five members, to be appointed by the governor of the State of Nevada. The state highway engineer, by virtue of his official position as such state highway engineer, shall be the ex officio superintendent of state parks, under the direction of the commission herein provided. Sec. 2. Said commissioners shall be selected by the governor without respect to political affiliation and shall serve for the term of five years from the date of their respective appointments, and until their successors are appointed; provided, that in appointing the first commissioners under the provisions of this act, the governor shall appoint one commissioner to serve until the first day of January, 1936, one to serve until January first, 1937, one to serve until January first, 1938, one to serve until January first, 1939, and the other to serve until January first, 1940, and as the term of each of these appointees shall expire, a person shall be appointed to serve for the period of five years from the date of appointment. No person shall be appointed to said commission who is not a citizen of the United States and a bona fide resident of the State of Nevada. Sec. 3. Each of said commissioners before entering upon the duties of his office shall be required to take and subscribe to the official oath. Sec. 4. No commissioner shall be allowed any salary or compensation for any services in connection with his duties as commissioner under the provisions of this act, except that each of said commissioners when required to attend meetings, or otherwise devote their time and attention to duties required of them by virtue of their offices, under the provisions of this act, shall be entitled to their actual expenses necessarily incurred in connection with any duties required of them under the provisions of this act, and actual traveling expenses while so engaged. |
κ1935 Statutes of Nevada, Page 189 (CHAPTER 86, SB 94)κ
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Sec. 5. For the purposes of carrying out the provisions of this act there is hereby appropriated out of the general fund of the State of Nevada, the sum of five ($500) hundred dollars to be used and expended by said commissioners for the biennium of 1935 and 1936. Sec. 6. Said commissioners, by and with the suggestions and assistance of the state highway engineer, are authorized and directed to have the charge, care, and supervision of all parks that have heretofore been created under any law of this state, or may hereafter be created, and they are authorized to make and enforce all proper rules and regulations respecting any park, in keeping with the purposes and intent of this act. Sec. 7. The cutting or removal of any timber or other forest growth, destruction thereof by fire or other means, except where such cutting or removal is absolutely necessary and authorized or directed by proper authority, for the proper administration or protection of any park or park lands is hereby prohibited within any of the park or recreational areas within the jurisdiction of the state parks commission. The destruction or removal of any buildings, parts of buildings, other structures, tables, stoves, or any appurtenances thereto, as well as any historical relics, or natural specimens such as petrified trees, petroglyphs and other relics or material, is hereby prohibited within the jurisdiction of this commission. Sec. 8. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction may be punished by a fine of not less than twenty ($20) dollars, nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment. Sec. 9. This act shall become effective from and after its passage and approval. |
Appropriation, $500
Duties of commissioners
Certain acts barred within state parks
Penalty for violation of provisions of act
In effect |
________
κ1935 Statutes of Nevada, Page 190κ
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Banking institution defined |
[Senate Bill No. 105Senator Robbins]
Chap. 87An Act to authorize any bank, trust company, bank and trust company, banking association, stock savings bank or mutual savings bank now or hereafter organized under the laws of this state or the conservator, receiver or liquidator thereof, to enter into such contracts, incur such obligations and generally to do such acts as may be appropriate or necessary to take advantage of any and all memberships, loans, subscriptions, contracts, grants, rights or privileges which may, at any time, be available or inure to said banking institutions or their depositors or stockholders, or their conservators, liquidators, or receivers, by virtue of any act or resolution of the Congress of the United States to aid, regulate or safeguard banking institutions and depositors, including the act creating the federal deposit insurance corporation; to empower any such banking institution to subscribe to and acquire any stock or debentures or bonds or other types of securities of said corporation and to comply with its regulations and requirements; to authorize the appointment of the federal deposit insurance corporation as receiver or liquidator of any such insured closed banking institution, and to authorize said corporation to do any and all things appropriate in the sale or acquirement of the assets of such institutions and in the liquidation of same; to make loans to same and to its receivers and liquidators and the superintendent of banks therefor; to provide for the subrogation of said corporation to the rights against said closed institutions of all insured depositors, whose deposits have been paid, or for the payment of which funds have been made available; to recognize right of said corporation to make examinations of and to require reports from such institution, and the superintendent of banks to accept same in lieu of any examination or report authorized to be made to said official; to provide for disclosure by said superintendent of banks to said corporation of the condition and affairs of such insured institution and access to information regarding same; to provide for the vesting of title in said corporation of assets of such closed institutions and the right for the corporation, as receiver or liquidator, to enforce the individual liability of stockholders and directors thereof.
[Approved March 27, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The term banking institution, as used in this act, shall be construed to mean any bank, trust company, bank and trust company, stock savings bank or mutual savings bank, which is now or may hereafter be organized under the laws of this state. |
κ1935 Statutes of Nevada, Page 191 (CHAPTER 87, SB 105)κ
|
savings bank, which is now or may hereafter be organized under the laws of this state. Sec. 2. Any banking institution now or hereafter organized under the laws of this state is hereby empowered, on the authority of its board of directors, or a majority thereof, to enter into such contracts, incur such obligations and generally to do and perform any and all such acts and things whatsoever as may be necessary or appropriate in order to take advantage of any and all memberships, loans, subscriptions, contracts, grants, rights or privileges, which may at any time be available or inure to banking institutions or to their depositors, creditors, stockholders, conservators, receivers or liquidators, by virtue of those provisions of section 8 of the federal Banking Act of 1933 (section 12b of the federal reserve act, as amended), which establish the federal deposit insurance corporation, and provide for the insurance of deposits, or of any other provisions of that or of any other act or resolution of Congress to aid, regulate or safeguard banking institutions and their depositors, including any amendments of the same or any substitutions therefor; also, to subscribe for and acquire any stock, debentures, bonds or other types of securities of the federal deposit insurance corporation and to comply with the lawful regulations and requirements from time to time issued or made by such corporation. Sec. 3. The federal deposit insurance corporation created by section eight of the federal Banking Act of 1933 (section 12b of the federal reserve act, as amended) is hereby authorized and empowered to be and act without bond as receiver or liquidator of any banking institution, the deposits in which are to any extent insured by said corporation, and which shall have been closed on account of inability to meet the demands of its depositors. The appropriate state authority, having the right to appoint a receiver or liquidator of a banking institution, may, in the event of such closing, tender to said corporation the appointment as receiver or liquidator of such banking institution, and if the corporation accepts said appointment, the corporation shall have and possess all the powers and privileges provided by the laws of this state with respect to a receiver or liquidator, respectively, of a banking institution, its depositors and other creditors, and be subject to all the duties of such receiver or liquidator, except insofar as such powers, privileges or duties are in conflict with the provisions of subsection (1) of section 12b of the federal reserve act, as amended (section 8 of said Banking Act of 1933). Sec. 4. Whenever any banking institution shall have been closed as aforesaid, and said federal deposit insurance corporation shall pay or make available for payment the insured deposit liabilities of such closed institution, the corporation, whether or not it shall have become receiver or liquidator of such closed banking institution, as herein provided, shall be subrogated to all rights against such closed banking institution of the owners of such deposits in the same manner and to the same extent as subrogation of the corporation is provided for in subsection (1) of section 12b of said federal reserve act, as amended (being section 8 of said Banking Act of 1933), in the case of the closing of a national bank; provided, that the rights of depositors and other creditors of such closed institution shall be determined in accordance with the applicable provisions of the laws of this state. |
Powers of banking institution
Powers of federal banking insurance corporation
May act as receiver or liquidator
Certain rights subrogated |
κ1935 Statutes of Nevada, Page 192 (CHAPTER 87, SB 105)κ
|
Powers and duties of superintendent of banks
Insolvent or closed bank may borrow from federal deposit insurance corporation |
deposit liabilities of such closed institution, the corporation, whether or not it shall have become receiver or liquidator of such closed banking institution, as herein provided, shall be subrogated to all rights against such closed banking institution of the owners of such deposits in the same manner and to the same extent as subrogation of the corporation is provided for in subsection (1) of section 12b of said federal reserve act, as amended (being section 8 of said Banking Act of 1933), in the case of the closing of a national bank; provided, that the rights of depositors and other creditors of such closed institution shall be determined in accordance with the applicable provisions of the laws of this state. Sec. 5. Said superintendent of banks may furnish to said corporation, or to any official or examiner thereof, a copy or copies of any or all examinations made of any such banking institutions and of any or all reports made by same, and shall give access to and disclose to said corporation or any official or examiner thereof any and all information possessed by the office of said superintendent of banks with reference to the conditions or affairs of any such insured institution. Nothing in this section shall be construed to limit the duty of any banking institution in this state, deposits in which are to any extent insured under the provisions of section 8 of the Banking Act of 1933 (section 12b of the federal reserve act, as amended) or of any amendment of or substitution for the same, to comply with the provisions of said act, its amendments or substitutions, or the requirements of said corporation relative to examinations and reports, nor to limit the powers of the superintendent of banks with reference to examinations and reports under existing law. Sec. 6. With respect to any banking institution, which is now or may hereafter be closed on account of inability to meet the demands of its depositors or by action of the superintendent of banks or of a court or by action of its directors or in the event of its insolvency or suspension, the superintendent of banks or the receiver or liquidator of such institution with the permission of said superintendent of banks may borrow from said corporation and furnish any part or all of the assets of said institution to said corporation as security for a loan from same; provided, that where said corporation is acting as such receiver or liquidator, the order of a court of record of competent jurisdiction shall be first obtained approving such loan. Said superintendent of banks upon the order of a court of record of competent jurisdiction, and upon a like order and with the permission of said superintendent of banks, the receiver or liquidator of any such institution may sell to said corporation any part or all of the assets of such institution. |
κ1935 Statutes of Nevada, Page 193 (CHAPTER 87, SB 105)κ
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The provisions of this section shall not be construed to limit the power of any banking institution, the superintendent of banks or receivers or liquidators to pledge or sell assets in accordance with any existing law. Sec. 7. Upon the acceptance of the appointment of receiver or liquidator aforesaid by said corporation, the possession of and title to all the assets, business and property of such banking institution of every kind and nature shall pass to and vest in said corporation and without the execution of any instruments of conveyance, assignment, transfer or endorsement. Sec. 8. Among its other powers, said corporation, in the performance of its powers and duties as such receiver or liquidator, shall have the right and power upon the order of a court of record of competent jurisdiction to enforce the individual liability of the stockholders and directors of any such banking institution. Sec. 9. The validity of any provision or part of this act shall not be dependent upon any other provision or part thereof. If any provision or part thereof should for any reason be held unconstitutional or invalid such decision shall not affect the validity of any of the remaining provisions or parts of this act. Sec. 10. All laws or parts of laws in conflict herewith are hereby repealed. Sec. 11. This act shall take effect immediately upon its passage and approval. |
Existing law to govern
Title to pass upon appointment of receiver
Individual liability of stockholders may be enforced
Invalidity of one part of act not to affect other provisions
Repeal In effect |
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[Assembly Bill No. 278Messrs. Harriman and Persson]
Chap. 88An Act to provide for the cooperation of state officers and agencies and stockmens associations with the federal government in relation to grazing lands, and for the disposition of money received from the federal government in relation thereto.
[Approved March 27, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An act of Congress entitled An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement and development, to stabilize the livestock industry dependent upon the public range, and for other purposes, approved July 28, 1934, provides for the cooperation of the secretary of the interior of the United States with state and other officials and associations, and for the payment of certain money by the secretary of the interior to the state. |
Cooperative policy provided for public range |
κ1935 Statutes of Nevada, Page 194 (CHAPTER 88, AB 278)κ
|
Disposition of grazing fees by state treasurer
In effect |
Sec. 2. The money deposited in the state treasury pursuant to section 10 of said act shall be distributed to the county or counties by the state treasurer in such manner as the secretary of the interior may direct. The state treasurer shall deposit all money received to the credit of the advisory boards of the district in which the grazing fees were collected in the proportion which the public grazing lands in such county or counties bears to the whole of the grazing district involved, and which district is officially established by the secretary of the interior. Such money shall be expended within the said county or counties for range improvements and related matters. Sec. 3. This act shall be in full force and effect from and after its passage and approval. |
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Contract of separation
Agreement not affected, when
Repeal In effect |
[Senate Bill No. 33Senator Foy]
Chap. 89An Act to amend section 20 of an act entitled An act defining the rights of husband and wife, approved March 10, 1873.
[Approved March 27, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 20 of the above-entitled act, being sec. 3374 N. C. L. 1929, is hereby amended to read as follows: Section 20. A husband and wife cannot by any contract with each other alter their legal relations except as to property, and except that they may agree to an immediate separation, and may make provision for the support of either of them and of their children during such separation. In the event that a suit for divorce is pending or immediately contemplated by one of the spouses against the other, the validity of such agreement shall not be affected by a provision therein that the agreement is made for the purpose of removing the subject matter thereof from the field of litigation, and that in the event of a divorce being granted to either party, the agreement shall become effective and not otherwise. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 3. This act shall become effective immediately upon its passage and approval. |
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κ1935 Statutes of Nevada, Page 195κ
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[Senate Bill No. 31Senator Foy]
Chap. 90An Act to provide for and to regulate proceedings on motions for new trials and on appeal in civil cases, and repealing all acts and parts of acts in conflict herewith.
[Approved March 27, 1935]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
New Trials and Appeals re new trials Section 1. A new trial is a reexamination of an issue of fact in the same court after a trial and decision by a jury, court, or referee. Sec. 2. The former verdict or other decision may be vacated, and a new trial granted on the application of the party aggrieved for any of the following causes materially affecting the substantial rights of such party: 1. Irregularity in the proceedings of the court, jury, referee, or adverse party, or any order of the court, or referee, or abuse of discretion by which either party was prevented from having a fair trial. 2. Misconduct of the jury or prevailing party. 3. Accident or surprise which ordinary prudence could not have guarded against. 4. Newly discovered evidence material for the party making the application which he could not, with reasonable diligence, have discovered and produced at the trial. 5. Excessive damages appearing to have been given under the influence of passion or prejudice. 6. Insufficiency of the evidence to justify a verdict or other decision, or that it is against law. 7. Error in law occurring at the trial and excepted to by the party making the application. Sec. 3. In an application for a new trial, it shall be sufficient for the party applying for the same to state, in the language of the statute only, or in language of similar import, one or more grounds as specified in the preceding section; provided, that when the application is made upon subdivisions 1, 2, 3, or 4 of the preceding section, it must be supported by affidavit. In all other cases it must be made upon the minutes of the court without statement or bill of exceptions. The application for a new trial shall be heard at the earliest practicable period after notice of the motion, if the motion is to be heard upon the minutes of the court, and in other cases after the affidavits are filed. It may be brought to a hearing by either party upon five days notice to the opposite party. On such hearing, reference may be had in all cases to the pleadings and the orders of the court, and, when the motion is made on the minutes, reference may also be had to the depositions, documentary evidence, and the stenographic notes or report of the testimony and the records of the court. |
New trial defined
Former verdict may be vacated, when
What application for new trial shall state
Hearing on application |
κ1935 Statutes of Nevada, Page 196 (CHAPTER 90, SB 31)κ
|
Verdict of jury may be vacated
Duty of party moving for new trial
When motion made on affidavits
Judgment or order reviewed
When order vacated or modified
Aggrieved party may appeal |
and, when the motion is made on the minutes, reference may also be had to the depositions, documentary evidence, and the stenographic notes or report of the testimony and the records of the court. The court or judge granting or refusing a new trial shall state, in writing, generally, the grounds upon which the same is granted or refused. The verdict of a jury may also be vacated and a new trial granted by the court in which the action is pending, on its own motion, without the application of either of the parties when there has been such a plain disregard by the jury of the instructions of the court, or the evidence in the case, as to satisfy the court that the verdict was rendered under a misapprehension of such instructions, or under the influence of passion or prejudice, but not more than two new trials shall be granted by the court, upon its own motion, or otherwise upon the ground that the verdict is contrary to the weight of the evidence. Sec. 4. The party intending to move for a new trial must-within five days after the verdict of the jury, if the action was tried by jury, or within ten days after service, by the prevailing party in the action upon the unsuccessful party thereto, of a written notice of the decision of the court, or referee, if the action was tried without a jury-file with the clerk and serve upon the adverse party a notice of his intention to move for a new trial, designating the grounds upon which the motion will be made, and whether the same will be made upon affidavits or upon the minutes of the court; provided, it shall not be necessary to serve said notice of intention to move for a new trial upon any party to the action or proceeding against whom default has been entered by the clerk or by the court. Said notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in the notice. Sec. 5. If the motion is to be made upon affidavits, the moving party must, within five days after serving the notice, file such affidavits with the clerk, and serve a copy upon the adverse party, who shall have five days to file counter affidavits, a copy of which must be served upon the moving party.
re appeals Sec. 6. A judgment or order in a civil action, except when expressly made final by this act, may be reviewed as prescribed by this title, and not otherwise. Sec. 7. An order made out of court, without notice to the adverse party, may be vacated or modified without notice by the judge who made it or may be vacated or modified on notice, in the manner in which other motions are made. Sec. 8. Any party aggrieved may appeal in the cases prescribed in this title. The party appealing shall be known as the appellant, and the adverse party as the respondent. |
κ1935 Statutes of Nevada, Page 197 (CHAPTER 90, SB 31)κ
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Sec. 9. Where the appeal is based upon the ground that the evidence is insufficient to justify the verdict or decision of the court, or to support the findings, or upon alleged errors in ruling upon the evidence, or upon instructions claimed to be erroneous, a notice of intention to move for a new trial must have been filed and served by the unsuccessful party in the action upon the prevailing party thereto before the time for an appeal from the judgment has expired. In all other cases the party aggrieved may appeal with or without first moving for a new trial. Sec. 10. An appeal may be taken: 1. From a final judgment in an action or special proceeding commenced in the court in which the judgment is rendered, within six months after the rendition of the judgment. 2. From an order granting or refusing a new trial, or granting or refusing to grant or dissolving or refusing to dissolve an injunction, or appointing or refusing to appoint a receiver, or dissolving or refusing to dissolve an attachment, or changing or refusing to change the place of trial, and from any special order made after final judgment, within sixty days after service, by the prevailing party in the action upon the unsuccessful party thereto, of a written notice that the order has been made and entered in the minutes of the court. 3. From an interlocutory judgment, order or decree hereafter made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting, and from an interlocutory judgment in actions for partition which determines the rights and interests of the respective parties and directs partition, sale or division to be made, within sixty days after service, by the prevailing party in the action upon the unsuccessful party thereto, of a written notice of the rendition of the judgment or order. 4. If an order granting or refusing to grant a motion to change the place of trial of an action is not directly appealed from within the said sixty days, there shall be no appeal therefrom on appeal from the judgment in the case or otherwise, and on demand or motion of either party to an action the court or judge making the order changing or refusing to change the place of trial of an action shall make an order staying the trial of the action until the time to appeal from such order changing or refusing to change shall have lapsed; or if an appeal from such order is taken until such appeal shall, in the appellate court, or in some other manner, be legally determined. Sec. 11. An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a written notice stating the appeal from the same or some specific part thereof, and within three days thereafter serving a similar written notice or copy thereof on the adverse party or his attorney; provided, it shall not be necessary to serve said notice of appeal upon any party to the action or proceeding against whom default has been entered by the clerk or by the court. |
Notice of appeal
Time within which appeal may be taken
Procedure for appeal |
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Appeal from judgment
Appeal from agreed statement of facts
Findings contrary to judgment or order
Judgment not reversed for want of insufficiency of finding unless exception made in court below |
or some specific part thereof, and within three days thereafter serving a similar written notice or copy thereof on the adverse party or his attorney; provided, it shall not be necessary to serve said notice of appeal upon any party to the action or proceeding against whom default has been entered by the clerk or by the court. When the appeal is from the judgment and from an order denying a motion for a new trial, one notice of appeal so specifying shall be sufficient. The order of service is immaterial, but the appeal is ineffectual for any purpose unless within five days after service of the notice of appeal an undertaking be filed, or a deposit of money be made with the clerk, as hereinafter provided, or the undertaking be waived by the adverse party in writing. Sec. 12. Upon an appeal from a judgment, the court may review the decision, and any intermediate ruling, proceeding, order or decision which involves the merits or necessarily affects the judgment, or which substantially affects the rights of a party, which comes within the specifications of error and record on appeal or is embraced in the bill of exceptions. The provisions of this section do not authorize the court to review any decision or order from which an appeal might have been taken. Sec. 13. Where the case has been determined upon an agreed statement of facts, and the appeal is upon the ground that the judgment is contrary thereto, the appeal may be taken upon a certified copy of the statement of facts and the judgment roll, without other statement. Sec. 14. When a party desires to appeal on the ground that the decision, judgment, or order is contrary to the findings, the appeal may be taken upon a certified copy of the judgment roll which includes the findings, if the appeal is from a judgment, or upon a certified copy of the findings attached to a certified copy of the order, if the appeal is from an order. Sec. 15. In cases tried by the court, without a jury, no judgment shall be reversed for want of a finding, or for a defective finding of the facts, unless exceptions be made in the court below to the finding or to the want of a finding after application to the court for additions to or modification of the findings with notice given to the adverse party as prescribed in section 286 of an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended by an act entitled An act to amend section 286 of an act entitled An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911, as amended, being section 8784 Nevada Compiled Laws 1929, Vol. |
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section 8784 Nevada Compiled Laws 1929, Vol. 4, approved February 20, 1931. Upon failure of the court on such application to remedy the alleged error, the party moving shall be entitled to his exceptions. Sec. 16. To render an appeal effectual for any purpose, in any case, a written undertaking shall be executed on the part of the appellant by at least two sureties, to the effect that the appellant will pay all damages and costs which may be awarded against him on the appeal, not exceeding three hundred dollars; or that sum shall be deposited with the clerk with whom the judgment or order was entered, to abide the event of the appeal. Such undertaking shall be filed, or such deposit made with the clerk, within five days after the notice of appeal is filed; provided, however, that nothing in this section shall apply when the State of Nevada, or any county, city or town of the State of Nevada or officer thereof in his official capacity, is the appellant; nor shall such undertaking, as provided for in this section, be necessary to perfect such appeal when the action or proceeding is brought for and in the name of this state, or for and in the name of any county in the state. Sec. 17. If the appeal be from a judgment or order directing the payment of money, or from an order dissolving or refusing to dissolve an attachment, it shall not stay the execution of the judgment or order unless a written undertaking be executed on the part of the appellant, by two or more sufficient sureties, stating their place of residence and occupation, to the effect that they are bound in double the amount named in the judgment or order, or double the sum of the value of the property attached, as the case may be; that if the judgment or order appealed from, or any part thereof, be affirmed, or such appeal be dismissed, the appellant shall pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order shall be affirmed, if affirmed only in part, and all damages and costs which shall be awarded against the appellant upon the appeal, and that if the appellant does not make such payment within thirty days after the filing of the remittitur from the supreme court, in the court in which the appeal is taken, judgment may be entered on motion of the respondent, in his favor against the sureties for such amount, together with the interest that may be due thereon and the damages and costs which may be awarded against the appellant upon the appeal. When the judgment or order appealed from is made payable in a specified kind of money or currency, the undertaking required by this section shall be drawn and made payable in the same kind of money or currency specified in said judgment or order, and in case of any appeal from an order dissolving or refusing to dissolve an attachment, such undertaking shall be conditioned that if the order appealed from or any part thereof be affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and cost caused by him by reason of said appeal and the stay of execution thereon. |
Undertaking on appeal; deposit; exception
Appeal not to stay execution unless bond filed |
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One undertaking on appeal from judgment or order denying new trial
Bond on appeal when order directs delivery of certain property
Appeal from judgment or order |
judgment or order, and in case of any appeal from an order dissolving or refusing to dissolve an attachment, such undertaking shall be conditioned that if the order appealed from or any part thereof be affirmed, the appellant shall pay to the opposing party, on such appeal, all damages and cost caused by him by reason of said appeal and the stay of execution thereon. Sec. 18. An appeal may be taken from an order granting or denying a motion for a new trial and from the judgment at the same time by giving only one bond, in the sum of three hundred dollars, for the costs on appeal; and in the notice of such double appeal it may be stated that the appeal is from both the judgment and the order granting or denying the motion for a new trial, and upon the taking of such double appeal the one undertaking to stay execution in the ordinary form, and in the amount required to stay execution on appeal from the judgment, is sufficient to stay the execution. Sec. 19. If the judgment or order appealed from direct the assignment or delivery of documents, or personal property, the execution of the judgment or order shall not be stayed by or upon appeal, unless the things required to be assigned or delivered be assigned and placed in the custody of such officer or receiver as the court may appoint, and an undertaking be entered into on the part of the appellant, with at least two sureties, to be approved by the court or judge and in such amount as the court or judge thereof may direct, to the effect that the appellant will, if the judgment or order appealed from, or any part thereof, be affirmed, pay to the opposing party on such appeal all damages and costs caused by him by reason of such appeal and the stay of execution thereof. In lieu of the assignment and delivery, and of the undertaking hereinbefore provided for, the appellant may enter into an undertaking, with at least two sureties, to be approved by the court or judge, and in such amount as the court or judge thereof may direct, to the effect that if the judgment or order, or any part thereof, be affirmed, the appellant will obey the order of the appellate court upon the appeal and pay to the opposing party on such appeal all damages and costs caused by reason of said appeal and the stay of execution thereon. Sec. 20. If the judgment or order appealed from direct the execution of a conveyance or other instrument, the execution of the judgment or order shall not be stayed by the appeal until the instrument is executed and deposited with the clerk with whom the judgment or order is entered, to abide the judgment of the appellate court. Sec. 21. If the judgment or order appealed from direct the sale or delivery of possession of real property, the execution of the same shall not be stayed unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant he will not commit, nor suffer to be committed, any waste thereon, and that if the judgment be affirmed he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the judgment was rendered or order made, and which shall be specified in the undertaking. |
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execution of the same shall not be stayed unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant he will not commit, nor suffer to be committed, any waste thereon, and that if the judgment be affirmed he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the judgment was rendered or order made, and which shall be specified in the undertaking. When the judgment is for the sale of mortgaged premises, and the payment for a deficiency arising upon the sale, the undertaking shall also provide for the payment of such deficiency. In all other cases, not provided for in either sections 16, 17, 19, or 21 hereof, the amount of the undertaking to stay the execution of the judgment or order shall be fixed by the court or the judge thereof. Sec. 22. Whenever an appeal is perfected, as provided by the preceding sections in this act, it shall stay all further proceedings in the court below, upon the judgment or order appealed from, or upon matter embraced therein; but the court below may proceed upon any other matter included in the action and not affected by the judgment or order appealed from. And the court below may, in its discretion, dispense with or limit the security required by said sections when an appellant is an executor, administrator, trustee, or other person acting in anothers right. Sec. 23. The undertaking prescribed by sections 16, 17, 19 and 21, may be in one instrument or several, at the option of the appellant. Sec. 24. An undertaking on appeal shall be of no effect unless it be accompanied by the affidavit of the sureties that they are each worth the amount specified therein, over and above their just debts and liabilities, exclusive of the property exempt from execution; except where the judgment exceeds three thousand dollars and the undertaking on appeal is executed by more than two sureties, they may state on their affidavit that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties. The adverse party may, however, except to the sufficiency of the sureties within five days after the filing of the undertaking, and, unless they or other sureties justify before the judge of the court below, or clerk, within five days thereafter, upon notice to the adverse party, to the amounts stated in their affidavits, the appeal shall be regarded as if no such undertaking had been given; and in all cases where an undertaking is required on appeal by the provisions of this chapter, a deposit in the court below of the amount of the judgment appealed from, and three hundred dollars in addition, shall be equivalent to filing the undertaking, and in all cases the undertaking or deposit may be waived by the written consent of the respondent. |
Appeal from judgment or order directing sale of property
Appeal stays further proceeding
Undertaking may be in one instrument
Affidavit of sureties; deposit in lieu of undertaking; waiver of |
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Appeal stays proceedings; perishable property may be sold
Transcript on appeal; costs
Appeals not to be dismissed except for substantial errors in proceeding
Power of appellate court on appeal |
a deposit in the court below of the amount of the judgment appealed from, and three hundred dollars in addition, shall be equivalent to filing the undertaking, and in all cases the undertaking or deposit may be waived by the written consent of the respondent. Sec. 25. In cases not provided for in sections 17, 19, 20 and 21, the perfecting of an appeal by giving the undertaking, and the justification of the sureties thereon, if required, or making the deposit mentioned in section 16, shall stay proceedings in the court below upon the judgment or order appealed from, except that where it directs the sale of perishable property the court below may order the property to be sold, and the proceeds thereof to be deposited to abide the judgment of the appellate court. Sec. 26. The transcript on appeal may be either printed or typewritten, but in case the transcript is printed, the appellant shall not be entitled to recover as costs a greater amount than he would be entitled to if the transcript were typewritten. Sec. 27. No appeal shall be dismissed by the supreme court for any defect or informality in the appellate proceedings until the appellant has been given an opportunity, upon such terms as may be just and within a reasonable time to be fixed by the court, to amend or correct such defect, and shall within such time have failed to comply with any terms imposed and correct the defect. No appeal shall be dismissed for insufficiency of the notice of appeal or undertaking thereon; provided, that a good and sufficient undertaking approved by the justices of the supreme court, or a majority thereof, be filed in the supreme court before the hearing upon motion to dismiss the appeal; provided, that the respondent shall not be delayed, but may move when the cause is regularly called, for the disposition of the same, if such undertaking be not given. An appeal shall not be dismissed for any irregularity not affecting the jurisdiction of the court to hear and determine the appeal or affecting the substantial rights of the parties, and where any defect or irregularity can be cured by amendment, such amendment shall be allowed on proper application upon such terms as the supreme court shall deem just. Upon the filing or noticing of any motion to dismiss an appeal the hearing of the case on the merits shall be stayed until the determination of the motion, and such motion shall be heard summarily and determined with all reasonable expedition. Sec. 28. Upon an appeal from a judgment or order, the appellate court may reverse, affirm, or modify the judgment or order appealed from, in the respect mentioned, in the notice of appeal, and as to any or all of the parties; |
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and may set aside, or affirm, or modify, any or all of the proceedings subsequent to or dependent upon such judgment or order, and may, if necessary or proper, order a new trial, or that further action or proceedings be had in the lower court without a new trial, and may remand the case for such further action or proceedings only. When the judgment or order is reversed or modified, the appellate court may make complete restitution of all property and rights lost by erroneous judgment or order, and when it appears to the appellate court that the appeal was made for delay, it may add to the costs such damages as may be just. Sec. 29. When judgment is rendered upon the appeal, it shall be certified by the clerk of the supreme court to the clerk with whom the judgment roll is filed or the order appealed from is entered. In cases of appeal from the judgment, the clerk with whom the roll is filed shall attach the certificate to the judgment roll and enter a minute of the judgment of the supreme court on the docket against the original entry. In cases of appeal from an order, the clerk shall enter at length, in the records of the court, the certificate received, and minute against the entry of the order appealed from a reference to the certificate, with a brief statement that the order has been affirmed, reversed, or modified, as the case may be, by the supreme court on appeal. Sec. 30. Whenever costs are awarded to a party by an appellate court, such party may have an execution for the same on filing a remittitur with the clerk of the court below, and it shall be the duty of such clerk, whenever the remittitur is filed, to issue the execution upon application therefor, and whenever costs are awarded to a party by an order of any court, such party may have an execution therefor in like manner as upon a judgment.
re bills of exceptions Sec. 31. At any time after the filing of the complaint and not later than twenty (20) days after final judgment, or if a motion be made for a new trial, then within twenty (20) days after service of written notice of the decision upon such motion, except as in subdivision (2) of this section otherwise provided, any party to an action or special proceeding may serve and file a bill of exceptions to such judgment or any ruling, decision, order, or action of the court, which bill of exceptions shall be settled and allowed by the judge or court, or by stipulation of the parties, by attaching thereto or inserting therein a certificate or stipulation to the effect that such bill of exceptions is correct, contains the substance of the proceedings 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 become a part of the record in such action or special proceeding. |
Judgment on appeal, how certified and entered
Execution for costs issued when remittitur filed
Filing of bill of exceptions |
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Transcript of proceedings may constitute bill of exceptions
When record of proceedings shall constitute bill of exceptions |
bill of exceptions has been so settled and allowed it shall become a part of the record in such action or special proceeding. Bills of exceptions shall be made up and prepared as follows, and not otherwise: (1) A transcript of the proceedings, certified by the court reporter, appointed by the court, under authority of law, or by agreement of the parties, to be a full, true and correct transcript thereof, may be served and filed, and when so filed shall be and constitute the bill of exceptions of the proceedings relating to the point or points involved, as therein set forth, without further stipulation or settlement by the court; provided, however, that on motion duly noticed, the court may at any time correct any error in such transcript by appropriate amendment thereto. The transcript of the proceedings, certified by the court reporter, as herein provided, together with all other matters, exhibits, motions, papers or orders, required to be incorporated in a bill of exceptions, when so incorporated in the bill of exceptions, as herein provided, and when such bill of exceptions has been so settled and allowed, as herein provided, it shall become a part of the record in such action or special proceeding. (2) When the transcript of the proceedings, as provided in subdivision (1) of this section, is not served and filed as the bill of exceptions of the proceedings relating to the point or points involved upon such proceedings, then the bill of exceptions shall be based and be prepared upon a record of the proceedings made up as follows: (a) The point of the exception shall be particularly stated, and may be delivered in writing to the judge, or, if the party require it, shall be written down by the clerk. When delivered in writing or written down by the clerk, it shall he made conformable to the truth, or be at the time, or at or before the conclusion of the trial, corrected until it is so made conformable to the truth. If the judge shall in any case refuse to allow an exception in accordance with the facts, any party aggrieved thereby may petition the supreme court for leave to prove the same, and shall have the right so to do, in such mode and manner and according to such regulations as the supreme court may by rules impose, and such exceptions as are allowed by said supreme court shall become a part of the record of the cause. (b) During the progress of an action or proceeding or cause a party may take his bill of exceptions to the admission or exclusion of testimony, or to the rulings of the court or judge on points of law, and it shall not be necessary to embody in such bill of exceptions anything more than sufficient facts to show the point and pertinency of the exceptions taken. The presiding judge shall sign the same, within the time herein limited, as the truth of the case may be. |
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within the time herein limited, as the truth of the case may be. (c) A statement of the case may be incorporated in, and made a part of such bill of exceptions; such statement shall state specifically particular errors or grounds upon which the party intends to rely on upon the appeal, and shall contain so much of the evidence as may be necessary to explain the particular errors or grounds specified, and no more, and shall be served, by copy thereof, upon the adverse party, and the original filed with the clerk. (d) When the bill of exceptions of the proceedings, as provided for in subdivision (2) of this section, is used instead of the bill of exceptions, as provided for in subdivision (1) of this section, and such bill of exceptions has been settled and allowed by the judge or court, or by stipulation of the parties, as herein provided, the same, together with other matters, exhibits, motions, papers or orders required to be incorporated in a bill of exceptions, when so incorporated in the bill of exceptions, as herein provided, and when such bill of exceptions has been so settled and allowed, it shall become a part of the record in such action or special proceeding; provided, however, that no party to any action or proceeding shall have the benefit or the right to present or use the form of bills of exceptions, as authorized in subdivision (2) of this section, unless such party, in open court and before the taking of any testimony, stated such intention and caused such statement of intention to be entered of record in such action or proceeding by the clerk of the court. Sec. 32. Any adverse party may object to the allowance and settlement of any bill of exceptions herein provided for within five (5) days after the service of the same, by serving upon the opposite party and filing in said court a statement specifically pointing out wherein said bill does not state the true facts, or wherein the same omits any material fact necessary to explain or make clear any ruling, decision, or action of the court. Such objection shall be heard and determined by the court within five (5) days thereafter, and upon such hearing the court shall designate in what respect said bill is incorrect or untrue, or fails or omits to state the true facts, and shall order and direct that such bill be corrected in accordance with said determination, and engrossed so as to contain the true facts as herein required, and when so engrossed said bill shall be allowed and settled as in this act provided, and when so settled shall become and be a part of the record of said action. If the objections of the adverse party are disallowed, then such bill as originally filed shall be immediately settled and allowed as by this act required. Sec. 33. All bills of exceptions required by the provisions hereof shall be typewritten, paged, and the lines of each page numbered; and where more than one bill of exceptions is filed in the same action or proceeding each bill shall be consecutively numbered. |
When record of proceedings shall constitute bill of exceptions
Rights of adverse party
Method of preparing bill of exceptions |
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Errors to be reviewed
How settled
Rights waived, when
Extension of time, how
Bill of exceptions annexed to judgment roll |
page numbered; and where more than one bill of exceptions is filed in the same action or proceeding each bill shall be consecutively numbered. The service of all bills of exceptions and objections thereto shall be by copy. Sec. 34. Bills of exceptions provided for by this act may be prepared, served, and filed, as herein provided, and all errors relied upon which may have occurred at the trial, or which may be alleged against the findings, or exceptions to the findings as made, and all errors based upon any ground for a new trial, may be included therein, and all such errors may be reviewed by the supreme court on appeal from the judgment or order denying the motion for a new trial. Sec. 35. When the action, decision, ruling, or order excepted to was made by a referee or any judicial officer other than a judge, the bill of exceptions shall be served, filed, and presented to said referee or judicial officer, and be settled, allowed, and certified by him in the same manner and within the same time as other bills of exceptions are required to be presented to, settled, and certified by the judge or court. A judge, referee, or judicial officer may settle, allow, and certify to a bill of exceptions after he ceases to be such judge, referee, or judicial officer, and if such judge, referee, or judicial officer, before the bill of exceptions is settled, dies, is removed from office, becomes disqualified, is absent from the state, or refuses to settle and allow any bill, or if no method is provided by law for the settlement of the same, it shall be settled and certified in such manner as the supreme court may, by its order or rules, direct. Sec. 36. If a party shall omit or fail to serve and file his bill of exceptions within the time limited he shall be deemed to have waived his right thereto, and if a party shall omit to make objections as required to such bill of exceptions within the time limited he shall be deemed to have waived his right thereto. Sec. 37. The several periods of time specified in this act in reference to bills of exceptions only may be enlarged upon good cause shown by the court, any justice of the supreme court, judge, referee, or judicial official, or by stipulation of the parties. Sec. 38. The original bills of exceptions herein provided for, together with a notice of appeal and the undertaking on appeal, shall be annexed to a copy of the judgment roll, certified by the clerk or by the parties, if the appeal be from the judgment; if the appeal be from an order, such original bill shall be annexed to such order, and the same shall be and become the record on appeal when filed in the supreme court. A party may appeal upon the judgment roll alone, in which |