[Rev. 3/1/2019 5:05:40 PM]
LAWS OF THE STATE OF NEVADA
κ1951 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FORTY-FIFTH SESSION OF THE LEGISLATURE
1951
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Senate Bill No. 1Senator Johnson
CHAPTER 1
AN ACT to create a legislative fund.
[Approved January 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the salaries, mileage, and the postage and stationery allowances of members of the 1951 Nevada 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 appropriated, the sum of one hundred thousand dollars ($100,000), 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 the same.
Sec. 3. All moneys remaining in said fund on June 30, 1952, shall revert to the general fund.
Sec. 4. This act shall become effective immediately upon passage and approval.
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Assembly Bill No. 53Messrs. Coulthard and Carville
CHAPTER 2
AN ACT to amend an act entitled An act providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto, and repealing a certain act and parts of acts in conflict therewith, approved January 18, 1949.
[Approved February 5, 1951]
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 section 4 of chapter 3, Statutes of 1949, is hereby amended to read as follows:
Section 4. Bills to amend existing statutes shall contain reference to paragraphs of Nevada Compiled Laws of 1929, with supplements, or to chapters and pages of subsequent statutes, in the body of the bill rather than the title.
κ1951 Statutes of Nevada, Page 2 (CHAPTER 2, AB 53)κ
to paragraphs of Nevada Compiled Laws of 1929, with supplements, or to chapters and pages of subsequent statutes, in the body of the bill rather than the title. New matter shall be indicated by underscoring in the typewritten copy, and italics in the printed copy. Matter to be omitted shall be indicated by brackets in the typewritten copy, and brackets or strike-out type in the printed copy; provided, that in drafting and printing of bills all matter appearing as omitted and bracketed matter in previously enacted and printed statutes shall be entirely omitted.
Sec. 2. This act shall be effective immediately upon its passage and approval.
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Senate Bill No. 9Senator Settelmeyer
CHAPTER 3
AN ACT authorizing the board of county commissioners of Douglas County to issue and sell bonds for the construction, repair and replacement of county roads, bridges and culverts destroyed or damaged by flood waters; providing for the payment thereof and the interest thereon by levy and collection of taxes; providing for the duties of certain officers in connection therewith, and other matters relating thereto.
[Approved February 6, 1951]
Whereas, Unprecedented storms during the 1950-1951 winter season created flood conditions in Douglas County resulting in destruction and damage to county roads, bridges and culverts to the extent of more than fifty thousand dollars; and
Whereas, The repair and replacement thereof without delay is necessary for the welfare of Douglas County and the inhabitants thereof; and
Whereas, There are no funds presently available for such construction, repair and replacement; 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 Douglas, State of Nevada, is hereby authorized and empowered to prepare, issue, and sell negotiable coupon bonds of the county of Douglas, State of Nevada, for an amount not exceeding fifty thousand dollars ($50,000), exclusive of interest, for the purpose of constructing, repairing and replacing county roads, bridges and culverts destroyed or damaged by floods during the 1950-1951 winter season. Said bonds shall be known as Douglas County emergency road and bridge bonds.
Sec. 2. Said bonds shall be prepared in denominations of one thousand dollars ($1,000), and shall be numbered consecutively. They shall be made payable in lawful money of the United States of America, and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.
κ1951 Statutes of Nevada, Page 3 (CHAPTER 3, SB 9)κ
of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners, countersigned by the treasurer of Douglas County, and authenticated by the official seal of said county of Douglas. Facsimile signatures may be used on the coupons. Said bonds shall bear interest at a rate not exceeding three percent per annum, payable annually on the first Monday in July of each year. The said bonds shall be redeemed and retired consecutively in the order of their issuance, commencing not later than the first Monday in July of the second year following the year of issue, and annually thereafter on the first Monday in July of each year until the whole of said bonds shall be redeemed and retired. In no case shall any bond run for a longer period than fifteen years from the date of issue. Subject to the foregoing provisions contained in this section, said board of county commissioners shall fix the various maturities of the bonds issued.
Sec. 3. The board of county commissioners is hereby authorized to negotiate the sale of said bonds or such number of them from time to time as the said board may deem necessary, at not less than their par value, to the highest responsible bidder, or by private sales, and may reject any or all bids; provided, however, that none of said bonds shall be issued or sold after two years from the effective date of this act.
Sec. 4. The proceeds from the sale of said bonds shall be placed in a special fund to be known as the Douglas County emergency road and bridge bond fund, which shall be used only for the purpose of carrying out the provisions of this act.
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 tax on the assessed value of all property, both real and personal, subject to taxation within the boundaries of the county of Douglas, State of Nevada, sufficient to pay the interest on said bonds and to pay and retire said bonds in consecutive order as the same become due until all of said bonds and the interest thereon shall have been fully paid. Such annual 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 the Douglas County emergency road and bridge bond fund. Said bonds and interest thereon shall be paid from this fund. Said bonds and interest thereon shall be a lien on all property subject to taxes within said county of Douglas.
Sec. 6. Whenever the bonds and interest thereon provided for in this act shall have been fully paid, any balance remaining in the Douglas County emergency road and bridge bond fund shall, by order of the board of county commissioners, be transferred to the Douglas County general fund. If in any year more money is collected and deposited in the said Douglas County emergency road and bridge bond fund than is necessary to pay for current redemption and interest, the balance remaining in said fund shall be taken into account by the board of county commissioners, and the annual tax for the following year shall be reduced accordingly.
κ1951 Statutes of Nevada, Page 4 (CHAPTER 3, SB 9)κ
and interest, the balance remaining in said fund shall be taken into account by the board of county commissioners, and the annual tax for the following year shall be reduced accordingly.
Sec. 7. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, such officer shall cancel the same by writing across the face thereof Paid, together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.
Sec. 8. No interest shall accrue on said bonds, or any of them, after they become due and payable.
Sec. 9. 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 of the bonds and interest coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act provided.
Sec. 10. This act shall be deemed an emergency act. No other act providing for, relating to or affecting the issuance of bonds by Douglas County shall be applicable to the issuance of the bonds or any matters relating thereto in this act provided, and this act shall not be construed as repealing, amending or changing any act now in effect.
Sec. 11. This act shall become effective from and after its passage and approval.
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Assembly Bill No. 1Mr. Bastian
CHAPTER 4
AN ACT authorizing and directing the state controller to transfer the sum of five hundred ($500.00) dollars from extra clerical item to office supplies and equipment item in the 1949 appropriation for office of attorney general.
[Approved February 6, 1951]
Whereas, The legislative appropriation item Office supplies and equipment $2,500.00 for the office of attorney general, being found in section 5, page 186, Statutes of Nevada 1949, has been exhausted by reason of the increased cost of supplies and a major increase in the legal work of the office during the biennium, and
Whereas, There is in the appropriation for said office an appropriation item of $500.00 for extra clerical hire that has not been expended and pressing need therefor of said item for the present purchase of necessary supplies, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer from the extra clerical item to the office supplies and equipment item in section 5, chapter 125, page 186, Statutes of 1949, the legislative appropriation for the office of the attorney general, the sum of five hundred ($500.00) dollars.
κ1951 Statutes of Nevada, Page 5 (CHAPTER 4, AB 1)κ
legislative appropriation for the office of the attorney general, the sum of five hundred ($500.00) dollars.
Sec. 2. This act shall be effective immediately upon its passage and approval.
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Assembly Bill No. 17Mr. Ramsey
CHAPTER 5
AN ACT fixing the salaries and compensation of the officers and deputies of Eureka county, and repealing all acts or parts of acts in conflict with this act.
[Approved February 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after the approval of this act the county officers and deputies of Eureka County, State of Nevada, named in this act, shall receive the following salaries and fees, in full compensation for their services.
Sec. 2. The sheriff shall receive a salary of three thousand three hundred dollars ($3,300) per annum, and such fees in civil cases, wherein the State of Nevada or the county of Eureka, is not a part, as are provided for by law; provided that when in criminal cases it becomes necessary for the sheriff to travel a greater distance than twenty miles from the county seat, but within the State of Nevada, he shall be allowed his necessary traveling expenses. The sheriff shall present to the board of county commissioners a bill of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claims in the same manner as other county expenses are audited and allowed. The sheriff may appoint a deputy sheriff, who shall act as a jailor at a compensation not to exceed two hundred and fifty dollars ($250) per month.
Sec. 3. The district attorney shall receive a salary of three thousand six hundred dollars ($3,600) per annum and such fees as are now allowed by law, provided that when in proper discharge of his duties as district attorney it becomes necessary to travel a greater distance than twenty miles from the county seat he shall be allowed his actual traveling expenses. The district attorney shall present to the board of county commissioners a bill of such necessary expense actually incurred and the board of county commissioners shall audit and may allow such claims in the same manner as other county expenses are audited and allowed.
Sec. 4. The county clerk, who shall be ex officio county treasurer in and for the county and ex officio clerk of the district court and of the board of county commissioners of said county, shall receive a salary as treasurer the sum of two thousand five hundred and fifty dollars ($2,550) per annum, and as clerk a salary of seven hundred and fifty dollars ($750) per annum, and such fees, in all cases wherein the State of Nevada, or the county of Eureka is not a party, as are now allowed by law to county clerks.
κ1951 Statutes of Nevada, Page 6 (CHAPTER 5, AB 17)κ
Sec. 5. The county recorder and ex officio county auditor shall receive for such services a salary of three thousand three hundred dollars ($3,300) per annum, and in addition thereto such fees, in all cases wherein the State of Nevada or the county of Eureka is not a party as are now allowed by law to county recorders.
Sec. 6. The county assessor shall receive a salary of three thousand three hundred dollars ($3,300) per annum provided that when in the proper discharge of his duties as assessor it becomes necessary to travel a greater distance than three miles from the county seat he shall be allowed his actual traveling expenses. The assessor shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and may allow such claim in the same manner as other expenses are audited and allowed.
Sec. 7. The county commissioners shall receive a salary of twelve hundred dollars ($1,200) per annum, and ten cents per mile in going to and from the county seat when attending upon the regular monthly meeting, as a board of equalization and board of canvassers; and when meeting to consider cases of extradition as provided by law.
Sec. 8. In the case of emergency the sheriff, the district attorney, the county clerk and ex officio county treasurer, the county recorder and ex officio auditor, and the county assessor may each be allowed one deputy to be named by the respective officer; upon receiving the majority approval of the board of county commissioners, the deputies so named shall receive not to exceed two hundred and fifty dollars ($250) per month, and shall be hired for such time as the board of county commissioners may direct.
Sec. 9. All salaries herein provided for shall be payable in equal monthly installments.
Sec. 10. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 11. This act shall become effective from and after its passage and approval.
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Senate Bill No. 4Committee on State and County Affairs
CHAPTER 6
AN ACT extending the provisions of section 1 of An act fixing the salaries of certain officers; providing ex officio duties of certain officers and compensation for the performance of the same, and making an appropriation therefor, approved March 28, 1949, to June 30, 1951.
[Approved February 14, 1951]
Whereas, The 1949 legislature, in chapter 211, page 455, Statutes of Nevada 1949, provided additional salaries for certain state officers, and made an appropriation for the purpose of said act, which appropriation expires on June 30, 1951; and
Whereas, By inadvertence the 1949 legislature limited the life of section 1 of said act to the first Monday in January 1951; now, therefore,
κ1951 Statutes of Nevada, Page 7 (CHAPTER 6, SB 4)κ
section 1 of said act to the first Monday in January 1951; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after the first Monday in January 1951, to and including the 30th day of June 1951, the superintendent of state printing and the inspector of mines shall receive additional compensation at the rate of six hundred ($600) dollars per annum payable at the times and in the manner now provided by law as set forth in chapter 211, Statutes of Nevada 1949.
Sec. 2. For the purpose of paying the respective salaries herein set forth, the state controller is authorized to draw his warrants and the state treasurer is directed to pay the same out of the funds now in the state treasury specifically appropriated for this purpose.
Sec. 3. This act is hereby declared to be an emergency measure and shall take effect immediately upon its passage and approval.
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Senate Bill No. 3Committee on State and County Affairs
CHAPTER 7
AN ACT authorizing and directing the state controller to transfer the sum of six hundred fifty ($650.00) dollars travel expense item to supplies item in the 1949 appropriation for the office of state parole officer.
[Approved February 14, 1951]
Whereas, The legislative appropriation item Supplies .$1,600.00 for the office of state parole officer has been completely exhausted by reason of Nevada having become signatory to the interstate parole compact as provided in chapter 111, Statutes of 1949, thereby causing consequent heavy increase in the office work of the office necessitating a large increase in the use of supplies, postage, telephone and telegraph tolls, but with a reduction in necessary traveling of the parole officer and a saving in travel expense, and
Whereas, There is now a balance of $1,500.00 in the travel expense item in the appropriation for said office, which sum is more than ample for travel purposes during the remainder of the biennium, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer from the travel expense item to the supplies item in section 25, chapter 125, page 191, Statutes of 1949, the legislative appropriation for the office of state parole officer, the sum of six hundred fifty ($650.00) dollars.
Sec. 2. This act shall be effective immediately upon its passage and approval.
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κ1951 Statutes of Nevada, Page 8κ
Assembly Bill No. 26Mr. Buol
CHAPTER 8
AN ACT to amend an act entitled An act creating the office of commissioned abstractor; providing for the appointment of commissioned abstractor; fixing their term of office; defining the territory within which they may act; providing for fees to be paid for commission, manner of qualifying thereunder, and matter of record of such qualification; providing for an official seal; defining their powers and authority; and the matter of fees for services rendered; and providing for liability and for punishment in cases of willful violation or neglect, approved March 29, 1927.
[Approved February 14, 1951]
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 1454, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 5. Each commissioned abstractor, before entering upon the acts authorized hereunder, and at the time he receives his commission, shall pay to the secretary of state the sum of ten dollars for the general fund, and shall take the official oath as prescribed by law, which oath shall be endorsed on his commission, and shall enter into a bond to the State of Nevada in the sum of two thousand dollars, to be approved by the district judge of the county for which said commissioned abstractor may be appointed; and shall have his commission, together with such bond, recorded in the office of the clerk of the county for which he has been appointed.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
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Assembly Bill No. 10Messrs. Coulthard and Houssels
CHAPTER 9
AN ACT to amend an act entitled An act to provide for the creation of housing authorities, providing for the appointment of commissioners of said authority, defining the power of the authority, providing for the removal of commissioners, prescribing regulations with respect to rentals and tenant admissions, authorizing the authority to issue bonds and prescribing the manner of payment therefor, exempting certain property from execution sale, authorizing the authority to borrow money or accept contributions from the federal government, and other matters relating thereto, approved March 31, 1947.
[Approved February 14, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 5470.02 Nevada Compiled Laws Supplement 1943-1949, is hereby amended to read as follows:
Section 2. The following terms, wherever used or referred to in this act, shall have the following respective meanings, unless a different meaning clearly appears from the context:
κ1951 Statutes of Nevada, Page 9 (CHAPTER 9, AB 10)κ
act, shall have the following respective meanings, unless a different meaning clearly appears from the context:
(a) Authority shall mean any of the public corporations created or authorized to be created by this act.
(b) Governing body shall mean city council, board of trustees, board of county commissioners, or other legislative body of the city, town, or county.
(c) City shall mean any incorporated city.
(d) Town shall mean any town for which the county board of commissioners acts as a town board.
(e) Mayor shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city.
(f) Clerk shall mean the clerk of the city or town or the clerk of the county, as the case may be, or the officer charged with the duties customarily imposed on such clerk.
(g) Federal government shall include the United States of America or any agency or instrumentality of the United States of America.
(h) Area of operation: (1) in the case of an authority of a city or town, shall include such city or town and the area within five miles of the territorial boundaries thereof; provided, however, that the area of operation of an authority of any city or town shall not include any area which lies within the territorial boundaries of some other city or town as herein defined, unless a resolution shall have been adopted by the governing body of such other city or town (and by any authority which shall have been theretofore established and authorized to exercise its powers in such city or town) declaring that there is a need for such authority to exercise its powers within that city or town; (2) in the case of an authority of a county, shall include all of the county for which it is created; provided, however, that a county authority shall not undertake any housing project or projects within the boundaries of any city or town (as herein defined) unless a resolution shall have been adopted by the governing body of such city or town (and by any authority which shall have been theretofore established and authorized to exercise its powers in such city or town) declaring that there is a need for the county authority to exercise its powers within such city or town. No housing authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein.
(i) Housing project shall mean any work or undertaking; (1) to demolish, clear, or remove buildings from any area acquired by the authority; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare, or other purposes; or (3) to accomplish a combination of the foregoing. The term housing project also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
κ1951 Statutes of Nevada, Page 10 (CHAPTER 9, AB 10)κ
applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.
(j) Veteran and serviceman shall mean veteran and serviceman as those terms are defined in the United States housing act of 1937 (public law 412, 75th congress), including all amendments.
(k) Persons of low income shall mean persons or families who lack the amount of income which is necessary (as determined by the housing authority) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.
(l) Bonds shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this act.
(m) Real property shall include all lands, improvements and fixtures thereon, and every estate, interest and right therein.
(n) Obligee of the authority or obligee shall include any bondholder, agents or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessors interest or any part thereof, and the federal government when it is a party to any contract with the authority.
(o) State public body shall mean any city, town, county, municipal corporation, commission, district, authority, other subdivision or public body of the state.
Sec. 2. Section 5 of the above-entitled act, being section 5470.05 Nevada Compiled Laws Supplement 1943-1949, is hereby amended to read as follows:
Section 5. No commissioner or employee of the authority shall voluntarily acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority involving such housing project, property or contract, respectively. If any commissioner or employee of the authority previously owned or controlled an interest, direct or indirect, in any housing project or in any property included or planned to be included in any housing project, or in any contract or proposed contract in connection with any housing project, he shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority involving such housing project, property, or contract, respectively. Any violation of the provisions of this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any housing project or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.
κ1951 Statutes of Nevada, Page 11 (CHAPTER 9, AB 10)κ
or the execution of agreements by banking institutions for the deposit or handling of funds in connection with a housing project or to act as trustee under any trust indenture.
Sec. 3. Section 7 of the above-entitled act, being section 5470.07 Nevada Compiled Laws Supplement 1943-1949, is hereby amended to read as follows:
Section 7. An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act (but not the power to levy and collect taxes or special assessments), including the following powers in addition to others herein granted.
(a) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules and regulations, to carry into effect the powers and purposes of the authority.
(b) Within its area of operation: to prepare, carry out, and operate housing projects and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any such project or any part thereof; to determine where there is unsafe, insanitary, or overcrowded housing; to make studies and recommendations relating to the problem of eliminating unsafe, insanitary, or overcrowded housing; and to cooperate with the city, the county, the state, or any political subdivision thereof in action taken in connection with such problems.
(c) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with its housing projects; and (notwithstanding anything to the contrary contained in this act or any other provision of law) to agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects, and to include in any contract let in connection with a housing project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions attached to the financial aid of such project.
(d) To lease or rent any dwellings, accommodations, buildings, structures, or facilities embraced in any housing project, and to establish and revise the rents or charges therefor; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein to acquire by the exercise of the power of eminent domain any real property pursuant to the provisions of the laws of Nevada relative to the right of eminent domain, civil actions, new trials and appeals, which laws shall be applicable to and constitute the rules of practice in condemnation proceedings by housing authorities; to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards.
κ1951 Statutes of Nevada, Page 12 (CHAPTER 9, AB 10)κ
and constitute the rules of practice in condemnation proceedings by housing authorities; to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards.
(e) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in liquid securities in which savings banks may legally invest funds subject to their control; to redeem its bonds at the redemption price established therein or to purchase its bonds at less than such redemption price, all bonds so redeemed or purchased to be cancelled.
(f) To exercise all or any part or combination of powers herein granted.
No provision of law with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state.
Sec. 4. Section 9 of the above-entitled act, being section 5470.09 Nevada Compiled Laws Supplement 1943-1949, is hereby amended to read as follows:
Section 9. In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant admissions: (a) It may rent or lease the dwelling accommodations therein only to persons of low income, and, as among low income persons which are eligible applicants for occupancy in dwellings of given sizes and at specified rents, shall extend the following preferences in the selection of tenants: (I) first, to families which are to be displaced by any low-rent housing project or by any public slum clearance or redevelopment project initiated after January 1, 1947, or which were so displaced within three years prior to making application on authority for admission to any low-rent housing; and as among such families first preference shall be given to families of disabled veterans whose disability has been determined by the veterans administration to be service-connected, and second preference shall be given to families of deceased veterans and servicemen whose death has been determined by the veterans administration to be service-connected, and third preference shall be given to families of other veterans and servicemen; and (II) second, to families of other veterans and servicemen and as among such families first preference shall be given to families of disabled veterans whose disability has been determined by the veterans administration to be service-connected, and second preference shall be given to families of deceased veterans and servicemen whose death has been determined by the veterans administration to be service-connected; (b) it may rent or lease to a tenant dwelling accommodations consisting of a number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding; and (c) an authority shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $100 for each minor member of the family other than the head of the family and his spouse, in excess of five times the annual rental of the quarters to be furnished such person or persons; provided, that an authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority.
κ1951 Statutes of Nevada, Page 13 (CHAPTER 9, AB 10)κ
the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $100 for each minor member of the family other than the head of the family and his spouse, in excess of five times the annual rental of the quarters to be furnished such person or persons; provided, that an authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority. In computing the rental for this purpose of admitting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.
Nothing contained in this or the preceding section shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession thereof or cause the appointment of a receiver thereof, free from all the restrictions imposed by this or the preceding section.
Sec. 5. Section 19 of the above-entitled act, being section 5470.19 Nevada Compiled Laws Supplement 1943-1949, is hereby amended to read as follows:
Section 19. For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects of housing authorities located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine:
(a) Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to a housing authority;
(b) Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with such projects;
(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake;
(d) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish;
(e) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, improvement, condemnation, closing or demolition of unsafe, insanitary, or unfit buildings;
(f) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and, as the holder of such bonds or other obligation exercise the rights connected therewith;
κ1951 Statutes of Nevada, Page 14 (CHAPTER 9, AB 10)κ
(g) Do any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction, or operation of such housing projects;
(h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this act; and
(i) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by this act. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or administration of low-rent housing or slum clearance projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.
Any sale, conveyance, lease, or agreement provided for in this section may be made by a state public body without appraisal, public notice, advertisement, or public bidding, notwithstanding any other laws to the contrary.
Sec. 6. Section 20 of the above-entitled act, being section 5470.20 Nevada Compiled Laws Supplement 1943-1949, is hereby amended to read as follows:
Section 20. In addition to the powers conferred upon an authority by other provisions of this act, an authority is empowered to borrow money or accept contributions, grants, or other financial assistance from the federal government for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the federal government, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable. In any contract with the federal government for annual contributions to an authority, the authority may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the authority is subject; such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey or otherwise deal with the project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted. It is the purpose and intent of this act to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by such authority.
κ1951 Statutes of Nevada, Page 15 (CHAPTER 9, AB 10)κ
Sec. 7. The above-entitled act is hereby amended by adding a new section to be known a section 20a, which section reads as follows:
Section 20a. Any city, town, county or regional housing authority which has rural areas under its jurisdiction may undertake the provision of housing for families of low income in such rural areas, and may comply with any conditions not inconsistent with the purposes of this housing authorities law required by the federal government pursuant to federal law in any contract for financial assistance with the authority concerning such undertakings.
Sec. 8. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Sec. 9. Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.
Sec. 10. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 20Messrs. Christensen and Cross
CHAPTER 10
AN ACT to amend an act entitled An act to incorporate the city 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, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949.
[Approved February 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Article VI of the above-entitled act is hereby amended to read as follows:
Section 6. There shall be a city attorney, who shall be elected by the qualified electors of the city of Sparks 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, shall be eligible to the office of city attorney.
Section 6.01. The city attorney shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the city council, not to exceed three thousand ($3,000) dollars per annum, payable semimonthly.
Section 6.02. The city attorney shall be legal adviser of the city council, and all offices of the city, in all matters respecting the affairs of the city. He shall act as attorney for the city in any and all legal proceedings in any and all courts in which the city is a party or interested. He shall prosecute in the proper court for all offenses against the provisions of the charter and the ordinances of the city and shall perform such other and further duties as may be required of him by the city council or prescribed by ordinance.
κ1951 Statutes of Nevada, Page 16 (CHAPTER 10, AB 20)κ
the provisions of the charter and the ordinances of the city and shall perform such other and further duties as may be required of him by the city council or prescribed by ordinance. He shall be present at all meetings of the city council, draw all ordinances, orders, and resolutions required by the city council; he shall verify and file for record all claims of the city for liens for assessments imposed for street improvements which remain unpaid, and shall preserve, protect and enforce the rights of the city by prosecuting suits for the foreclosure of the same in the proper courts, and shall receive all moneys paid in by delinquents or otherwise realized in such proceedings, and shall, without delay, pay over all such moneys to the city clerk.
Section 6.03. The city clerk may, in the exercise of its sound discretion, employ counsel to aid the city attorney whenever, in its judgment, the public interests shall require such employment and the expense thereof shall be allowed and paid in the same manner as other claims against the city.
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
Assembly Bill No. 38Elko County Delegation
CHAPTER 11
AN ACT to amend an act entitled An act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917, as amended.
[Approved February 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 5. The county assessor of the county of Elko shall be ex officio assessor of the city of Elko; said officer shall perform the duties of his office under said city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of supervisors, upon the request of the city assessor, may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments. The board of supervisors shall fix and pay the deputy such compensation as they deem fit. Said county assessor shall be liable on his official bond for the faithful discharge of the duties imposed on him by this act. The board of supervisors shall appoint a city clerk who shall be ex officio city treasurer, the salary of the combined offices to be fixed, allowed and paid by said board. The city clerk shall be the ex officio license collector of the city of Elko. Said board may also in its discretion appoint a city attorney at a salary to be fixed by said board or may in its discretion employ and compensate an attorney from time to time for such legal advice or services as they may deem necessary.
κ1951 Statutes of Nevada, Page 17 (CHAPTER 11, AB 38)κ
be fixed by said board or may in its discretion employ and compensate an attorney from time to time for such legal advice or services as they may deem necessary. Said board shall appoint a chief of police at a monthly salary to be fixed by said board; also a judge of a municipal court at a salary to be fixed by said board. The board shall cause an audit of the city books and accounts, to be performed and rendered after the close of each fiscal year of said city or oftener in the discretion of said board. Said audit shall be made by a certified public accountant to be appointed annually by the board of supervisors; said accountant to be paid for his services from time to time as the same are rendered. The board of supervisors may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed, and paid by the board of supervisors out of such city funds as the board may designate. Any one or more of such appointive offices, may, in the discretion of the board of supervisors be combined and the duties thereof discharged by one person.
________
Assembly Bill No. 56Messrs. Chapman and Primeaux
CHAPTER 12
AN ACT to amend an act entitled An act authorizing the board of county commissioners of Churchill County, Nevada, to create a postwar reserve fund; providing for the use thereof; providing for the raising of funds therefor; providing for the investment of funds therefrom, and other matters properly relating thereto, approved March 21, 1945.
[Approved February 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 2 of chapter 101, page 157, Statutes of 1945, is hereby amended to read as follows:
Section 2. The board of county commissioners of Churchill County, Nevada, hereby is authorized in its discretion, and as it deems proper, at any time prior to January 1, 1955, to expend all or any part of said fund.
Sec. 2. This act shall be effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 18κ
Senate Bill No. 5Senator Lemaire
CHAPTER 13
AN ACT to amend an act entitled An act relating to antifreeze; to provide that no antifreeze shall be sold, exposed for sale, or held with intent to sell within this state until inspected by the state sealer and found to comply with the provisions of this act; to provide inspection fees and distribution of the same; to provide that the state sealer shall be authorized to make rules and regulations; to prohibit certain matters in advertising; to define terms; to provide how this act may be cited; and to provide penalties, approved March 29, 1949.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of chapter 308, Statutes of Nevada, the same being section 1006.04, N. C. L. 1929, 1943-1949 Supp., is hereby amended to read as follows:
Section 4. Before any antifreeze shall be sold, exposed for sale, or held with intent to sell within this state, a sample thereof must be inspected annually by the state sealer. Upon application of the manufacturer, packer, seller or distributor and the payment of a fee of twenty dollars for each brand of antifreeze submitted, the state sealer shall inspect the antifreeze submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards of the state sealer, and is not in violations of this act, the state sealer shall give the applicant a written permit authorizing the sale of such antifreeze in this state for the fiscal year in which the inspection fee is paid, the term fiscal year being defined as the period of one year beginning July 1, and expiring June 30, of the following year. If the state sealer shall at a later date find that the product to be sold, exposed for sale or held with intent to sell has been materially altered or adulterated, a change has been made in the name, brand or trademark under which the antifreeze is sold, or it violates the provisions of this act, the state sealer shall notify the applicant and the permit shall be canceled forthwith.
For the purpose of putting this section into effect, all permits issued prior to the effective date hereof and for the calendar year 1951, shall be effective and valid until June 30, 1952.
Sec. 2. Section 7 of chapter 308, Statutes of 1949, being sec. 1006.07, N. C. L. 1929, 1943-1949 Supp., is hereby amended to read as follows:
Section 7. The state sealer may furnish upon request a list of the brands and trade-marks of antifreeze inspected by the department during the fiscal year which have been found to be in accord with this act.
________
κ1951 Statutes of Nevada, Page 19κ
Senate Bill No. 6Senator Horlacher
CHAPTER 14
AN ACT to amend an act entitled An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 312 of the above-entitled act, the same being section 9882.312, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 312. Whenever the attorney general shall be informed, or shall have reason to believe, that any real or personal estate has become escheatable to this state for the reasons specified in the preceding section, or that any such estate has, for any other reason, become escheatable, it shall be his duty to file an information in behalf of the state in the district court of the county wherein such estate, or any part thereof, is situated, setting forth a description of the estate, the name of the person last lawfully seized, the name of the terre-tenant and persons claiming such estate, if known, and the facts and circumstances in consequence of which said estate is claimed to have become escheated, and alleging that by reason thereof the State of Nevada has by law right to such estate; whereupon, such court shall order that a citation be issued to such person or persons, bodies politic or corporate, alleged in such information to hold, possess or claim such estate, requiring them to appear and show cause why such estate should not be vested in the State of Nevada, said citation to be made returnable within the time allowed by law in other civil actions. The court may also, if deemed advisable, order the citation to be published in a newspaper published in said county (if any), and, if none, then in some other newspaper in this state; provided, however, that when the residue remaining of any estate mentioned in the preceding section, after the payment of the costs and expenses of administration and creditors claims and other expenses does not exceed the sum or value of two thousand dollars, the proceedings hereinbefore specified for the escheating of such estate to the State of Nevada shall be dispensed with, and the administrator of such estate, or other legal representative of the deceased, shall, on the order of the court, pay over or deliver such residue to the county treasurer of the county wherein said estate is being probated or is situated for the benefit of the State of Nevada, and the receipt or certificate of said county treasurer, evidencing such payment or delivery, shall be filed with the clerk of the district court of the county wherein such estate is being probated or is situated, and, upon such filing, said administrator, or other legal representative of the deceased shall be released and discharged from all further liability as to such residue, and upon such payment or delivery to him said county treasurer shall notify the attorney general of the State of Nevada of the same, and shall pay over or deliver such residue to the state treasurer of the State of Nevada, taking his receipt or certificate therefor, and such payment or delivery shall be subject to all of the provisions of this act concerning the recovery of the same from this state by any person or persons found to be entitled thereto.
κ1951 Statutes of Nevada, Page 20 (CHAPTER 14, SB 6)κ
over or deliver such residue to the state treasurer of the State of Nevada, taking his receipt or certificate therefor, and such payment or delivery shall be subject to all of the provisions of this act concerning the recovery of the same from this state by any person or persons found to be entitled thereto.
Sec. 2. Section 317 of the above entitled act, the same being section 9882.317, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 317. Any person furnishing original information of any property escheatable to the State of Nevada, with the necessary evidence to sustain such information in that behalf, to the court of the county where such property is located, and to the attorney general, shall be entitled to receive, upon the final recovery of such property, five percent of the value of such property so recovered; provided, that the amount so received by the person furnishing the information shall not in the aggregate exceed the sum of twenty thousand dollars in any one case; and provided further, that one person only shall be entitled to compensation for such service.
________
Senate Bill No. 7Senator Horlacher
CHAPTER 15
AN ACT to amend an act entitled An act to fix the fees and mileage of witnesses and jurors, providing the manner of payment thereof, and to repeal all acts and parts of acts in conflict herewith, approved March 20, 1933, as amended.
[Approved February 26, 1951]
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 121, page 152, Statutes of Nevada 1933, and also being section 8490, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 1. Witnesses required to attend in the courts of this state shall receive the following compensation:
For attending in any criminal cases, or civil suit or proceeding before a court of record, referee or commissioner, or before the grand jury, in obedience to a subpena, five dollars for each days attendance, which shall include Sundays and holidays.
For attending in a civil suit or proceeding before a justice of the peace, three dollars for each days attendance, which shall include Sundays and holidays.
Mileage shall be allowed and paid at the rate of fifteen cents a mile, one way only, for each mile necessarily and actually traveled by the shortest and most practical route; provided, however, that no person shall be obliged to testify in a civil action or proceeding unless his mileage and at least one days fees shall have been paid him if he demanded the same; provided, that any person being in attendance at the trial and sworn as a witness shall be entitled to witness fees irrespective of service of subpena.
κ1951 Statutes of Nevada, Page 21 (CHAPTER 15, SB 7)κ
at the trial and sworn as a witness shall be entitled to witness fees irrespective of service of subpena.
Witness fees in civil cases shall be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs shall not be allowed for more than two witnesses to the same fact or series of facts, nor shall a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.
No per diem or mileage shall be allowed or paid to witnesses in criminal cases in justice courts; provided, however, in preliminary examinations, where witnesses are compelled to travel a greater distance than fifteen miles one way, they shall be paid fifteen cents per mile one way only, necessarily traveled, and in addition be paid three dollars a day for each day that they are actually in attendance, which shall include Sundays and holidays, which said claim, when itemized in detail, shall be allowed, audited and paid as are other claims against the county; and provided further, that before any such claim shall be allowed, audited or paid as herein provided, the district attorney and magistrate shall certify thereon that the person in whose behalf such claim is made was a necessary and material witness at such hearing or examination; that the hearing necessarily consumed the number of days for which compensation is claimed; that the claim is correct and that the attendance of such witness was required before such magistrate.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 11Committee on Judiciary
CHAPTER 16
AN ACT relating to the admission in evidence of records made in regular course of business and other matters properly relating thereto.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In any court of Nevada, any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event, shall be admissible as evidence of such act, transaction, occurrence, or event, if made in regular course of any business, and if it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence, or event or within a reasonable time thereafter.
All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but such circumstances shall not affect its admissibility.
κ1951 Statutes of Nevada, Page 22 (CHAPTER 16, SB 11)κ
The term business as used in this section, includes business, profession, occupation, and calling of every kind.
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 upon its passage and approval.
________
Senate Bill No. 19Committee on State and County Affairs
CHAPTER 17
AN 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 March 16, 1925, as amended.
[Approved February 26, 1951]
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, Nevada Compiled Laws, 1931-1941 Supplement, 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; provided, further, that this act shall not be construed to apply to the wives of the superintendents of the Nevada school of industry, the Nevada state orphans home, and the Nevada state prison; and provided, further, that nothing in this act shall prevent any officer in this state, employed under a flat salary, from 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.
κ1951 Statutes of Nevada, Page 23 (CHAPTER 17, SB 19)κ
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 passage and approval.
________
Assembly Bill No. 32Mr. Folsom
CHAPTER 18
AN ACT to authorize municipalities in this state to join or to form and join an organization of municipalities for joint municipal action upon questions affecting the general welfare of such municipalities.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It shall be lawful for the governing body of any city or town in the state, whether organized under the general laws or a special or home rule charter, to join with the governing body of any other city or town, or cities or towns, in the formation of an organization of municipalities for the purpose of securing concerted action among such municipalities in behalf of such measures as such organization shall determine to be in the common interest of the said municipalities.
Sec. 2. Such joint municipal organization, when formed, shall have the power of meeting at such times and places as it may determine for discussion of such measures as affect the welfare of the municipal members of the organization; to maintain an office, and to put in charge thereof such secretary or other officer or agents as such organization may deem to be necessary; to circulate any literature or information among the municipal officers of this state as they may from time to time determine to be wise, and generally to take such action as they may deem wise in support of such measures as they may deem to be in the interest of the member municipalities of such organization.
Sec. 3. Any city or town which shall join or which shall help form such an organization as is authorized by section 1 of this act, may appropriate through its governing body out of its general fund, money to pay the annual dues in the Nevada municipal association and the expenses of such delegates as such governing body may designate to attend meetings of any such organization. If the governing body of the particular city or town has so appropriated money as hereinabove provided for, then delegates shall receive the per diem expense allowance and travel expenses as fixed by law for state offices, departments, boards, agencies and institutions.
Sec. 4. This act shall become effective immediately upon passage and approval.
________
κ1951 Statutes of Nevada, Page 24κ
Senate Bill No. 46Senator Budelman
CHAPTER 19
AN ACT authorizing and directing the state controller to transfer certain sums from specified items in the 1949 appropriation for the legislative counsel bureau to another specified item in said appropriation.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of section 27 of chapter 125, Statutes of Nevada 1949, being the act making appropriations for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1950-1951, and notwithstanding the provisions of section 19 of chapter 205, Statutes of Nevada 1949, being the act providing for the appointment of a legislative auditor and making an appropriation therefor, the state controller of the State of Nevada is hereby authorized and directed to transfer the sum of seven hundred thirty dollars and fifty cents ($730.50) to the supplies, printing, and miscellaneous item of the legislative counsel bureau fund, as appropriated and set apart in the aforesaid section 27, said sum to be transferred and apportioned from the following items of the legislative counsel bureau fund:
From salary of legislative auditor item.................................................... $135.50
From contract services-field item............................................................. 175.00
From traveling expense item..................................................................... 420.00
_________
Total................................................................................................................. $730.50
Sec. 2. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 65Mr. Whitacre
CHAPTER 20
AN ACT providing for the destruction of accumulated and noncurrent claims on file in the offices of the Nevada industrial commission.
[Approved February 26, 1951]
Whereas, There has accumulated in the files of the Nevada industrial commission over a period of many years voluminous and numerous claims; and
Whereas, The available space in the offices of the Nevada industrial commission has been taxed to capacity, and there is no available space for the preservation of currently accumulating claims; and
Whereas, Said accumulated claims are now noncurrent and no longer required for the conduct of the affairs of the Nevada industrial commission; and
Whereas, For some time last past the officials of the Nevada industrial commission have been microfilming said accumulated and noncurrent claims; and
κ1951 Statutes of Nevada, Page 25 (CHAPTER 20, AB 65)κ
Whereas, The microfilming of said claims preserves the same and effects a permanent record thereof as adequately and completely as do the original files; and
Whereas, The destruction of such claims as have heretofore or may hereafter be microfilmed would make available adequate space for currently accumulating claims; and
Whereas, The said Nevada industrial commission has not heretofore been authorized to destroy said claims after the microfilming thereof; therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the said Nevada industrial commission microfilming or causing to be microfilmed such accumulated and noncurrent claims as are in its files, it shall be lawful for the said Nevada industrial commission to destroy or cause the destruction of such claims and files as have been theretofore microfilmed.
Sec. 2. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 15Mr. Bastian
CHAPTER 21
AN ACT providing for the purchase and installation of a new time lock in and upon the vault in the state treasurers office and making an appropriation therefor.
[Approved February 26, 1951]
Whereas, The time lock installed on and in the vault of the state treasurers office has been in use many years and is now in a worn and unsafe condition with great liability of failing to function and thereby preventing the opening of the vault, in which event it would be necessary to use explosives in order to gain entrance thereto; and
Whereas, It is necessary that the foregoing stated condition shall be remedied in the very near future by the replacement of said time lock with a new installation; and
Whereas, The new installation should be of most modern design, equipped to run a greater length of time, to wit, at least 120 hours without resetting; and
Whereas, A new 120-hour, three-movement time lock can be secured and installed at the following cost, to wit: cost of lock, three hundred ninety-six ($396) dollars, plus an installation cost of not to exceed one hundred seventy-five ($175) dollars, making a total of five hundred seventy-one ($571) dollars; therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state treasurer is hereby empowered and directed to contract for and have installed in and upon the vault in the state treasurers office one new 120-hour, three-movement time lock at a total cost of not to exceed five hundred seventy-one ($571) dollars.
κ1951 Statutes of Nevada, Page 26 (CHAPTER 21, AB 15)κ
treasurers office one new 120-hour, three-movement time lock at a total cost of not to exceed five hundred seventy-one ($571) dollars.
Sec. 2. That there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of five hundred seventy-one ($571) dollars as payment for the cost and installation of one 120-hour, three-movement time lock. Upon the installation of said time lock the state controller is hereby directed to draw his warrant for the payment thereof, and the state treasurer is hereby directed to pay the same.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 24Mr. Buol
CHAPTER 22
AN ACT to repeal an act entitled An act to provide for a state immigration bureau, approved February 26, 1887.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act to provide for a state immigration bureau, approved February 26, 1887, is hereby repealed.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 36Mr. Buol
CHAPTER 23
AN ACT to amend an act entitled An act providing for the disposal of any real estate or personal property wherein title to the same has passed and is vested in the State of Nevada by escheat, approved March 17, 1941.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being section 7530.06, Nevada Compiled Laws 1931-1941 Supplement, is hereby amended to read as follows:
Section 6. If, within six years after any judgment escheating property to the state any person shall appear and claim any money that may have been paid into the state treasury on any real or personal property vested in the state by such judgment, such person may file a petition in the district court, at the seat of government, stating the nature of the claim, with an appropriate prayer for the relief demanded. A copy of such petition shall be served upon the attorney general before or at the time of filing the same, who shall, within twenty days thereafter, appear in said proceeding and plead or answer to such petition; or, if the attorney general, after examining all the facts, should become convinced that the state had no legal defense against the petition, he may, with the consent of the court, confess on behalf of the state judgment.
κ1951 Statutes of Nevada, Page 27 (CHAPTER 23, AB 36)κ
twenty days thereafter, appear in said proceeding and plead or answer to such petition; or, if the attorney general, after examining all the facts, should become convinced that the state had no legal defense against the petition, he may, with the consent of the court, confess on behalf of the state judgment. If judgment shall not be so confessed the petition shall be considered at issue on the twentieth day after its filing, and may be heard by the court on that day or at such future day as the court may order. Upon the hearing the court shall examine into said claim and hear the allegations and proofs, from which, if the court shall find that such person is entitled to any money paid into the state treasury as aforesaid, it shall, by judgment, order and direct the state controller to draw his warrant in favor of such claimant upon the treasurer for the sum specified in such order, but without interest or cost to the state. If any real estate is the subject of such trial, and the court finds the claimant entitled to it, the court shall decree accordingly, which shall be effectual for divesting the interest of the state in or to such real estate, but no costs shall be taxed against the state. A certified copy of the judgment and order directing the controller to draw his warrant for money shall be a sufficient voucher for him so to do. All persons who shall fail to appear and file their petitions within the time limited as aforesaid shall be forever barred, saving, however, infants, married women, persons of unsound mind, and persons beyond the limits of the United States the right to appear and file their petition as aforesaid, at any time within five years after their respective disabilities shall be removed.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 37Mr. Buol
CHAPTER 24
AN ACT to amend an act entitled An act concerning the estates of deceased persons, approved March 26, 1941, as amended.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 315 of the above-entitled act, being section 9882.315, Nevada Compiled Laws, 1931-1941 Supplement, is hereby amended to read as follows:
Section 315. The state controller shall keep a just and true account of all money paid into the treasury, as also of all lands and personal property vested in the state by escheat; and if, within six years after any judgment escheating property to the state any person shall appear and claim any money that may have been paid into the state treasury on any real or personal property vested in the state by such judgment, such person may file a petition in the district court of the county wherein the capital of the state is situated, stating the nature of the claim, with an appropriate prayer for the relief demanded. A copy of such petition shall be served upon the attorney general before or at the time of filing the same, who shall, within twenty days thereafter, appear in said proceeding and plead or answer to such petition; or, if the attorney general, after examining all the facts, should become convinced that the state has no legal defense against the petition, he may, with the consent of the court, confess, on behalf of the state, judgment.
κ1951 Statutes of Nevada, Page 28 (CHAPTER 24, AB 37)κ
copy of such petition shall be served upon the attorney general before or at the time of filing the same, who shall, within twenty days thereafter, appear in said proceeding and plead or answer to such petition; or, if the attorney general, after examining all the facts, should become convinced that the state has no legal defense against the petition, he may, with the consent of the court, confess, on behalf of the state, judgment. If judgment shall not be so confessed, the petition shall be considered at issue on the twentieth day after its filing and may be heard by the court on that day, or at such future day as the court may order. Upon the hearing, the court shall examine into said claim and hear the allegations and proofs, from which, if the court shall find that such person is entitled to any money paid into the state treasury as aforesaid, it shall, by judgment, order and direct the state controller to draw his warrant in favor of such claimant upon the treasurer for the sum specified in such order, but without interest or cost to the state. If any real estate is the subject of such trial, and the court finds the claimant entitled to it, the court shall decree accordingly, which shall be effectual for divesting the interests of the state in or to such real estate, but no costs shall be taxed against the state. A certified copy of the judgment and order directing the controller to draw his warrant for money shall be a sufficient voucher for him so to do. All persons who shall fail to appear and file their petitions within the time limited as aforesaid shall be forever barred, saving, however, infants and persons of unsound mind, who shall have the right to appear and file their petition as aforesaid, at any time within five years after their respective disability shall be removed. The legislature may cause any lands, escheated to the state, or personal estate, other than money, at any time after the judgment of escheatal, to be sold as may be provided by law, and the proceeds paid into the state treasury, in which case the petitioners shall be entitled to the proceeds thereof, in lieu of such lands or personal estate, and the court shall decree accordingly.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 68Mr. Seevers (By Request)
CHAPTER 25
AN ACT to amend an act entitled An act providing a general corporation law, approved March 21, 1925, as amended.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act being section 1605, N. C. L. 1929, is hereby amended to read as follows:
Section 6. It shall be lawful for the incorporators of any corporation, before the payment of any part of its capital, to amend the original articles of incorporation thereof as may be desired, in the following manner:
κ1951 Statutes of Nevada, Page 29 (CHAPTER 25, AB 68)κ
Said incorporators, or at least two-thirds of them, shall execute and acknowledge or prove in the manner required for an original certificate of incorporation, and file with the secretary of state, a certificate amending, modifying, changing or altering said original articles, in whole, or in part, and shall file a copy of said certificate certified by the secretary of state, with the county clerk of the county in which the original articles of incorporation has been filed; provided, however, that said certificate, in the opening paragraph thereof shall declare that the signers thereof are the original incorporators of said corporation, naming it, or at least two-thirds thereof; stating also the date upon which the original articles thereof were filed with the secretary of state and with the county clerk; and affirmatively declaring that, to the date of said certificate, no part of the capital of the corporation has been paid; and provided further, that nothing herein shall permit the insertion of any matter not in conformity with this act; and for filing said amended certificate of incorporation, the secretary of state shall charge such fee as shall be allowed by law.
All corporations organized and existing under the laws of this state, whether under this or prior acts, desiring to divide the capital stock of the corporation into shares of smaller denominations than originally issued, thereby increasing the number of shares without changing the amount of capital stock, may do so by a majority vote of the trustees of the corporation at any regular or called meeting of the trustees, without amending their articles or certificate of incorporation, and may issue the stock of such corporation in accordance therewith after having filed a certificate setting forth the amount or denomination into which they propose to divide such shares, verified by the affidavit of a majority of such trustees, in the office of the secretary of state and a copy thereof certified by the secretary of state in the office of the clerk of the county where such corporation has its principal place of business.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 71Mr. Houssels
CHAPTER 26
AN ACT to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 378 of the above-entitled act, being section 10330, N. C. L. 1929, is hereby amended to read as follows:
Section 378. Every person who shall convert any manner of real estate, of the value of one hundred dollars or over, into personal property, by severing the same from the realty of another, with felonious intent to and shall so steal, take and carry away the same, shall be deemed guilty of grand larceny, and, upon conviction thereof, shall be punished by imprisonment in the state prison for any term not less than one year nor more than fourteen years.
κ1951 Statutes of Nevada, Page 30 (CHAPTER 26, AB 71)κ
intent to and shall so steal, take and carry away the same, shall be deemed guilty of grand larceny, and, upon conviction thereof, shall be punished by imprisonment in the state prison for any term not less than one year nor more than fourteen years.
Sec. 2. Section 379 of the above-entitled act, being section 10331, N. C. L. 1929, is hereby amended to read as follows:
Section 379. Every person who shall convert any manner of real estate, of the value of under one hundred dollars, into personal property, by severing the same from the realty of another, with felonious intent to and shall so steal, take and carry away the same, shall be deemed guilty of petit larceny, and upon conviction thereof, shall be punished by imprisonment in the county jail for a period of not more than six months, or by fine not exceeding five hundred dollars, or both.
Sec. 3. Section 383 of the above-entitled act, being section 10335, N. C. L. 1929, is hereby amended to read as follows:
Section 383. Every person who, for his own gain, or to prevent the owner from again possessing his property, shall buy or receive stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary, or embezzlement, knowing the same so to have been obtained, shall upon conviction, be imprisoned in the state prison for a term not exceeding five years, or by a fine not exceeding one thousand dollars, or both; and every such person may be tried, convicted, and punished, as well before as after the trial of the principal. No person convicted of the offense specified in this section shall be condemned to imprisonment in the state prison, unless the value of the thing bought or received shall amount to one hundred dollars, but the same shall be punished as provided in cases of petit larceny.
Sec. 4. Section 392 of the above-entitled act, being section 10344, N. C. L. 1929, is hereby amended to read as follows:
Section 392. Every public officer or other person who shall have in his possession, control, or custody any public money belonging to this state, or to any county, town, city, district, or municipal corporation within this state, or to whom any such public money shall be intrusted for safe keeping or for transmission to any treasurer or other officer, or other person entitled to receive the same, who shall use any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, shall, if the amount unlawfully used be more than one hundred dollars, be deemed guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year nor more than fifteen years.
Sec. 5. Section 439 of the above-entitled act, being section 10391, N. C. L. 1929, is hereby amended to read as follows:
Section 439. Every person who shall knowingly and designedly, by any false pretense or pretenses, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects, or other valuable thing, with intent to cheat or defraud any person or persons of the same shall be deemed a cheat, and on conviction shall be imprisoned in the state prison not more than ten years nor less than one year, and be sentenced to restore the property so fraudulently obtained, if it can be done; provided, that should the value of any chose in action, money, goods, wares, chattels, effects, or other valuable thing so, as aforesaid, fraudulently obtained, not exceed in value the sum of one hundred dollars every person so offending shall be deemed a cheat, and on conviction shall be imprisoned in the county jail not more than six months, or be fined in any sum not exceeding five hundred dollars, or by both such fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done.
κ1951 Statutes of Nevada, Page 31 (CHAPTER 26, AB 71)κ
less than one year, and be sentenced to restore the property so fraudulently obtained, if it can be done; provided, that should the value of any chose in action, money, goods, wares, chattels, effects, or other valuable thing so, as aforesaid, fraudulently obtained, not exceed in value the sum of one hundred dollars every person so offending shall be deemed a cheat, and on conviction shall be imprisoned in the county jail not more than six months, or be fined in any sum not exceeding five hundred dollars, or by both such fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done.
Sec. 6. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 7. This act shall become effective immediately upon its passage and approval.
________
Assembly Bill No. 80Messrs. Houssels and Warner
CHAPTER 27
AN ACT to amend an act entitled An act to limit the liability of hotel keepers, and other matters properly connected therewith, approved March 21, 1925.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 3334-3336, inclusive, N. C. L. 1929, is hereby amended to add the following section:
Section 4. Every hotel keeper or owner in this state shall have the right to evict from the hotel premises anyone who acts in a disorderly manner or who destroys the property of such hotel keeper or owner, or who causes a public disturbance on the premises.
Sec. 2. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 3. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 72Mr. Houssels
CHAPTER 28
AN ACT to amend an act entitled, An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883, as amended.
[Approved February 26, 1951]
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 section 2939, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 32 (CHAPTER 28, AB 72)κ
Section 4. The following fees to the several county recorders (in counties polling over 800 votes) are hereby established: For receiving, filing, and entering documents require to be recorded, fifteen cents; for filing and entering any paper not to be recorded, thirty cents; for making all necessary indexes to each paper filed or recorded, for each name to be indexed, thirty cents; for recording any instrument, paper, or document, for each folio, twenty cents; provided, however, that in counties that use the photostatic method of recording, in lieu of the twenty cents per folio, the recorder may charge by the page photostated at the following rate; seventy-five cents for the first page and fifty cents for each additional page or part of a page photostated; for every certificate under seal, seventy-five cents; for every entry of discharge or assignment of mortgage on the margin of the records, twenty-five cents; for abstract of title, for each document embraced thereby, seventy-five cents; for searching records and files, for each document necessarily examined, twenty-five cents; for recording any survey or map other than town plat, for each corner, thirty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twenty cents; for each folio of lettering or figuring thereon, or in the certificate and description of the same, fifty cents; for recording certificates of marriage, death, divorce, or birth, fifty cents; for copying of any document or record in his office, for each folio, twenty cents; for taking acknowledgment, including certificate and seal, for the first signature, seventy-five cents, for each additional signature, twenty-five cents; for recording or copying any paper in a foreign language, double the fees as when in English; no map or plat shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each, twenty-five cents; provided that the recorders fees for the filing, indexing and safekeeping as provided by law and for the making of the required notations and endorsements thereon of mortgages of personal property and crops, for the issuing of certificates of searches as provided for by law, for filing assignments, discharges, satisfactions, releases subordinations and waivers relating to mortgages of personal property and crops or to the lien or interest created or evidenced thereby and for issuing a certificate not under seal of any such filing shall be as follows, and not otherwise:
(1) For filing, issuing certificate of such filing when requested, indexing and keeping every mortgage of personal property or crops or a certified copy or executed counterpart thereof, and making the necessary notations or endorsements thereon, the sum of fifty cents.
(2) For making searches of the records and indexes of his office, and certificates or abstracts thereof relating to documents and instruments affecting personal property or crops, the sum of twenty-five cents per year for which such searches are certified.
(3) For filing, issuing certificates of such filing when requested, indexing and keeping every assignment, release, discharge, satisfaction, and cancellation relating to any mortgage of personal property or crops, or the lien or interest created or evidenced thereby, or of any certified copy or executed counterpart thereof, the sum of twenty-five cents.
κ1951 Statutes of Nevada, Page 33 (CHAPTER 28, AB 72)κ
any certified copy or executed counterpart thereof, the sum of twenty-five cents.
(4) For filing, issuing certificate of such filing when requested, indexing, making all necessary notations and endorsements, and keeping every instrument by which, or for the benefit of which, the lien or interest evidenced or created by any mortgage of personal property or crops is subordinated or waived as to priority, the sum of twenty-five cents.
(5) For every marginal entry of discharge, credit or release of any mortgage of personal property or crops, and indexing the same, the sum of twenty-five cents.
________
Assembly Bill No. 78Mr. Walters
CHAPTER 29
AN ACT to amend an act entitled An act regarding the nomination of candidates for public offices in the State of Nevada, approved March 23, 1917, as amended.
[Approved February 26, 1951]
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 2408, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 5. The name of no candidate shall be printed on an official ballot to be used at a primary election unless he shall qualify by filing a declaration of candidacy, or by an acceptance of a nomination and by paying a fee as provided in this act.
(a) Every candidate for nomination for any elective office not less than fifty days prior to the primary shall file a declaration or acceptance of candidacy in substantially the following form:
Nomination paper of for the office of
|
State of Nevada, County of........................... |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for nomination by the party as its candidate for the office of , I, the undersigned , do solemnly swear (or affirm) that I reside at No .street, in the city (or town) of ., county of , State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the party; that I have not reregistered and changed the designation of my political party affiliation on an official registration card since the last general election; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state; that if nominated as a candidate of said .party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.
κ1951 Statutes of Nevada, Page 34 (CHAPTER 29, AB 78)κ
any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.
. (Signature of candidate for office.)
Subscribed and sworn to before me this day of , 19 notary public (or other officer authorized to administer an oath.)
Provided, that no candidate for a judicial office or a school office shall certify as to his party affiliations, and the names of such candidate shall be printed on the ballots of all parties under the heading of nonpartisan candidates for the respective offices.
(b) Ten or more qualified electors may, not more than eighty nor less than fifty-five days prior to the September primary, file a designation of nomination designating any qualified elector as a candidate for the nomination for any elective office. When such designation shall have been filed, it shall be the duty of the officer in whose office it is filed to notify the elector named in such designation thereof. If the elector named in the designation shall, not less than fifty days prior to the primary, file an acceptance of such nomination and pay the required fee, he shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy. If any such designation of nomination shall relate to a judicial or school office it may be signed by electors of any or all parties, but if it shall relate to any other office, the signers shall all be of the same political party as the candidate so designated. The acceptance shall be in a form similar to that used by a candidate who files a declaration of candidacy.
(c) If the last day limited for filing any paper mentioned in this section shall fall on a Saturday, then the period so limited shall expire on such Saturday at 12 oclock noon, notwithstanding anything in this section to the contrary.
________
Senate Bill No. 29Committee on Judiciary
CHAPTER 30
AN ACT to amend an act entitled An act to create a public corporation to be known as State Bar of Nevada, to provide for its organization, government, membership and powers, to regulate the practice of law, and to provide penalties for violation of said act, approved January 31, 1928, as amended.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 43 of the above-entitled act, being section 582, 1929 N. C. L. 1941 Supp., is hereby amended so as to read as follows:
Section 43. The annual membership fee, after the year 1951 for active members shall be the sum of ten dollars ($10), payable on or before February 1st of each year; provided, however, that the board of governors shall have the power to increase such fee. The board of governors may in the year 1951 add an assessment on each active member in a sum not exceeding twenty-five dollars ($25).
κ1951 Statutes of Nevada, Page 35 (CHAPTER 30, SB 29)κ
governors may in the year 1951 add an assessment on each active member in a sum not exceeding twenty-five dollars ($25). Any member of the state bar who has been licensed to practice for forty (40) years in the State of Nevada shall become an honorary member of the state bar of Nevada and shall not be required to pay any further membership fees.
Sec. 2. Section 45 of the above-entitled act, being section 584, N. C. L. 1929, is hereby amended to read as follows:
Section 45. The annual membership fee for inactive members shall be the sum of one dollar ($1), payable on or before the first day of February of each year; provided, however, that the board of governors shall have power to increase such fee.
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 upon its passage and approval.
________
Senate Bill No. 24Committee on State and County Affairs
CHAPTER 31
AN ACT to repeal an act entitled An act creating the state board of control repair fund for the repair and the keeping in repair the state capitol building, the supreme court and library building, the governors mansion, the state printing office building, and the state water system and other matters properly relating thereto, approved March 28, 1941, as amended.
[Approved February 26, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act creating the state board of control repair fund for the repair and the keeping in repair the state capitol building, the supreme court and library building, the governors mansion, the state printing office building, and the state water system and other matters properly relating thereto, approved March 28, 1941, and all acts amendatory thereof or supplemental thereto, are hereby repealed.
Sec. 2. This act shall become effective immediately after its passage and approval.
________
κ1951 Statutes of Nevada, Page 36κ
Senate Bill No. 20Committee on State and County Affairs
CHAPTER 32
AN ACT to amend an act entitled An act relating to the administration of state highway revenue-producing acts, consolidating under the public service commission of Nevada the administration of the motor vehicle registration act and the chauffeurs and drivers licensing act, the collection of motor carriers license fees and the excise taxes on gasoline and motor fuel, and certain functions of the state highway department concerning highway safety and safety education; creating a state highway patrol, defining the powers and duties of highway patrolmen and fixing their salaries, transferring certain records, equipment, and property to the public service commission, providing for the payment of costs of administration, and other matters relating thereto, approved March 24, 1949.
[Approved February 26, 1951]
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 4435.50, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 5. There is hereby created within the public service commission of Nevada a division to be known as the Nevada highway patrol, which shall be composed of not more than twenty-five (25) patrolmen appointed by the commission, two of whom shall be the superintendent and assistant superintendent. The appointed patrolmen shall be men qualified at the time of their appointment with the knowledge of all traffic laws of this state, the motor vehicle registration and licensing acts, the chauffeurs and drivers licensing act, the motor vehicle carrier licensing and regulation act, and the laws with respect to the imposition and collection of gasoline taxes and use fuel taxes. The said patrolmen shall be versed in the laws respecting the powers of police officers as to traffic law violations and other offenses committed over and along the highways of this state, and as to such violations and offenses they shall have the powers of police officers. The superintendent shall receive a salary not to exceed the sum of three hundred fifty dollars ($350) per month, the assistant superintendent shall receive a salary not to exceed the sum of three hundred forty dollars ($340) per month, and each patrolman shall receive a salary of two hundred fifty dollars ($250) per month, and the commission may fix the salary of each patrolman after six months of continuous employment at any sum in excess thereof, not to exceed, however, the sum of three hundred twenty-five dollars ($325) per month, and all salaries payable hereunder shall be paid as other state officers are paid. Travel and subsistence payments shall be paid all patrolmen as is now or hereafter may be provided by law.
Sec. 2. Section 6 of the above-entitled act, being section 4435.51, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 6. The superintendent of the Nevada highway patrol shall be ex officio superintendent of the Nevada state police, and shall receive a salary of five hundred dollars ($500) per annum for all services as ex officio superintendent of the Nevada state police, which salary shall be paid out of appropriations of the public service commission from the general fund, and shall be budgeted as provided in section 10 of this act.
κ1951 Statutes of Nevada, Page 37 (CHAPTER 32, SB 20)κ
a salary of five hundred dollars ($500) per annum for all services as ex officio superintendent of the Nevada state police, which salary shall be paid out of appropriations of the public service commission from the general fund, and shall be budgeted as provided in section 10 of this act. Such superintendent shall be the chief officer of the Nevada highway patrol and shall have and exercise all of the powers and duties hereinafter provided in section 7 of this act, which powers and duties shall be performed under the direction and supervision of the public service commission. The said superintendent, when requested by the governor to preserve order, protect life or property, and enforce the laws of this state, may use such number of highway patrolmen as may be necessary for such purpose, and when so acting, the said patrolmen shall have and exercise general police powers, and their salaries and all expenses incidental to such operations shall be paid out of appropriations of the public service commission from the general fund. The expenses incurred in the administration of this act, and the powers and duties provided in this act, shall be deemed to be a cost of administration with respect to the operation of motor vehicles upon the public highways of this state.
Sec. 3. Section 10 of the above-entitled act, being section 4435.55, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 10. Funds for the administration of the provisions of this act shall be provided by direct legislative appropriation from the highway fund upon the presentation of budgets in the manner required by law. This shall be in lieu of all other charges on or deductions from collections for the purposes of the chauffeurs and drivers licensing act, the motor vehicle carriers act mentioned in sections 2, 3, and 4 of this act, and exclusive of the salary of the ex officio superintendent of state police which shall be paid, as provided in this act, out of the general fund; provided, however, that for the year 1951, and each year thereafter, the costs and expenses of administration of this act shall be budgeted and expended as provided by law.
Sec. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 5. This act shall become effective immediately after its passage and approval.
________
κ1951 Statutes of Nevada, Page 38κ
Assembly Bill No. 25Mr. Buol
CHAPTER 33
AN ACT to repeal an act entitled An act providing for the reclamation, improvement and equipment of lands within the state for rural homes for soldiers, sailors, marines and other loyal citizens; providing for federal and other cooperation in the same, and for the reimbursement of moneys so expended; creating a reclamation and settlement board; defining its powers and duties; empowering the board to appropriate unappropriated public waters; providing a procedure for the temporary withdrawal of unappropriated waters from appropriation by other persons; declaring the use of water for reclamation and settlement projects a more necessary public use than for any other project or purpose and authorizing the exercise of the right of eminent domain for the acquisition thereof; providing a procedure for determining the value of unperfected permits to appropriate waters; making an appropriation therefor; creating a reclamation and settlement fund; providing for a state loan; levying a state tax; authorizing the establishment of reclamation and settlement districts for assessment purposes; creating a reclamation loan interest and redemption fund, and for other purposes, approved March 28, 1919.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act providing for the reclamation, improvement and equipment of lands within the state for rural homes for soldiers, sailors, marines and other loyal citizens; providing for federal and other cooperation in the same, and for the reimbursement of moneys so expended; creating a reclamation and settlement board; defining its powers and duties; empowering the board to appropriate unappropriated public waters; providing a procedure for the temporary withdrawal of unappropriated waters from appropriation by other persons; declaring the use of water for reclamation and settlement projects a more necessary public use than for any other project or purpose and authorizing the exercise of the right of eminent domain for the acquisition thereof; providing a procedure for determining the value of unperfected permits to appropriate waters; making an appropriation therefor; creating a reclamation and settlement fund; providing for a state loan; levying a state tax; authorizing the establishment of reclamation and settlement districts for assessment purposes; creating a reclamation loan interest and redemption fund, and for other purposes, approved March 28, 1919, is hereby repealed.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
κ1951 Statutes of Nevada, Page 39κ
Assembly Bill No. 46Mr. Buol
CHAPTER 34
AN ACT to repeal an act entitled An act creating a state range commission, defining its duties and powers, and providing an appropriation for support thereof, approved March 26, 1929.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act creating a state range commission, defining its duties and powers, and providing an appropriation for the support thereof, approved March 26, 1929, is hereby repealed.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 23Mr. Buol
CHAPTER 35
AN ACT to repeal an act entitled An act to provide for the measurement of streams, the survey of reservoir sites, the determination of the irrigation possibilities, and of the best methods of controlling and utilizing the water resources of the State of Nevada in cooperation with the United States geological survey and the United States department of agriculture and the Nevada experiment station, approved March 16, 1901.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act to provide for the measurement of streams, the survey of reservoir sites, the determination of the irrigation possibilities, and of the best methods of controlling and utilizing the water resources of the State of Nevada in cooperation with the United States geological survey and the United States department of agriculture and the Nevada experiment station, approved March 16, 1901, is hereby repealed.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 84Committee on Ways and Means
CHAPTER 36
AN ACT making a deficiency appropriation of five thousand seven hundred ($5,700) dollars for the state fire insurance fund.
[Approved February 28, 1951]
Whereas, The forty-fourth session of the Nevada legislature appropriated the sum of $35,000 for the payment of fire insurance premiums on state property, and
κ1951 Statutes of Nevada, Page 40 (CHAPTER 36, AB 84)κ
Whereas, In the year 1950 it was necessary that all state property be revalued, with the result that the value thereof was increased some $2,000,000, and
Whereas, The rate of the premium charge was also increased, necessitating a greater cost of insurance to the state and over and beyond the amount appropriated therefor to the extent of $5,700 for the present biennium, and
Whereas, There are insufficient funds presently available to properly cover the insurance premiums and a necessity for an appropriation existing, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any money in the general fund in the state treasury not otherwise appropriated, the sum of five thousand seven hundred ($5,700) dollars for the state fire insurance premium fund, for the payments of insurance on state property to July 1, 1951.
Sec. 2. This act is declared to be an emergency measure, and shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 52Mr. Francovich
CHAPTER 37
AN ACT to amend an act entitled An act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 489 of the above-entitled act, being section 11137, N. C. L. 1929, is hereby amended to read as follows:
Section 489. If, by reason of the neglect of the defendant to appear, as provided in section 486, money deposited instead of bail is forfeited, and the forfeiture be not discharged or remitted as provided in section 487, the clerk or magistrate with whom it is deposited must, at the end of ninety days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the county treasurer.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 41κ
Assembly Bill No. 88Committee on Education and State Libraries
CHAPTER 38
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 274 of the above-entitled act, being section 6084.284, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 274. Boards of trustees of school districts in this state shall have the following powers and duties:
1. To buy or sell any schoolhouse or schoolhouse site directed to be bought or sold by a vote of the registered electors of the school district; provided, that in school districts in which there shall be fewer than ten (10) families with resident children of school age, no schoolhouse or schoolhouse site shall be sold without the approval of the superintendent of public instruction or the deputy superintendent of public instruction of that educational supervision district.
2. To build, purchase or rent schoolhouses when directed to do so by a vote of the registered electors, and to equip and supply the same with all things necessary for the successful operation of the schools of the district. The board of trustees, without such vote, shall make necessary repairs in any school buildings when the expense of such repairs will not exceed one thousand ($1,000) dollars, provided, that in districts of the first class, the board of trustees may make all necessary repairs without a vote of the electors. No public schoolhouse shall be erected in any school district until the plan of the same has been submitted to and approved by the deputy superintendent of public instruction. The county auditor shall draw no warrant in payment of any bill for the erection of such new schoolhouse until notified by the deputy superintendent of public instruction that the plans for the said new schoolhouse have received his approval; notwithstanding the foregoing provisions of this paragraph, bids must be advertised for all contracts over one thousand dollars ($1,000), as provided in section 286 of this school code.
3. To change the location of schools or schoolhouse sites; provided, that in districts in which there shall be fewer than ten (10) families with one (1) or more resident children of school age, no school or schoolhouse site shall be changed without the approval of the deputy superintendent of public instruction.
4. To call meetings of the registered electors of the school district in order to secure by vote the authority to procure or sell schoolhouse sites, or to erect, purchase, sell, hire, or rent schoolhouses for the use of the district. Whenever the trustees shall decide to hold such meeting, they shall give at least ten (10) days notice by posting at least three (3) notices of such meeting in three (3) conspicuous places within the district.
κ1951 Statutes of Nevada, Page 42 (CHAPTER 38, AB 88)κ
three (3) notices of such meeting in three (3) conspicuous places within the district. One (1) of such notices shall be posted on the school grounds. The notices shall contain the time, place, and purpose of the meeting. The president of the board shall call such meeting to order and shall preside over the deliberations of the same. The clerk of the board shall keep a record of the proceedings of such meeting in a book kept especially for that purpose. In case of absence of either the president or the clerk of the board at such meeting, the registered electors assembled shall proceed to elect a president pro tem. or a temporary clerk, as the case may be. All questions placed before the meeting shall be determined by ballot or by taking the ayes and noes as the meeting shall decide.
5. To manage and control the school property within their districts; and to pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury at the end of each month, to be placed to the credit of their district.
6. To cause to be erected at least two (2) suitable convenient privies for each of the schools under their charge, which shall be entirely separate each from the other, and have separate means of access and approach thereto. In case of failure or neglect on the part of the trustees to provide privies in accordance with the provisions of this section, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such privies to be built, and to pay for the same by drawing his order on the county auditor on the funds of the district, and the auditor shall draw his warrant upon the county treasurer in payment of the same.
7. To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of education, for their own government and government of schools under their charge, and to transact their business at regular or special meetings, called for such purpose, notice of which shall be given each member.
8. To keep the public school buildings in their charge in such repair as is necessary for the comfort and health of pupils and teachers, and in case of neglect to do so, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such needed repairs to be made, and to pay for the same by drawing his order upon the county auditor on the funds of the district, and the auditor shall draw a warrant upon the county treasurer in payment of the same; provided, that the cost of such repair shall not exceed one hundred dollars ($100).
9. To have the custody and safekeeping of the district schoolhouses, their sites and appurtenances.
10. To insure the schoolhouses, furniture and school apparatus in some company authorized by law to transact business in the State of Nevada, and to comply with the conditions of the policy.
11. To employ legally qualified teachers, to determine the salary to be paid and the length of the term of school for which teachers shall be employed, embodying these conditions in a written contract to be signed by the president and the clerk of the board or by a majority of the trustees and the teacher, and a copy of the said contract properly written shall be delivered to each teacher not later than the opening of the term of school; provided, that the trustees shall not have the right to employ teachers for any school year commencing after the time for which any member of the board of trustees was elected or appointed.
κ1951 Statutes of Nevada, Page 43 (CHAPTER 38, AB 88)κ
the trustees and the teacher, and a copy of the said contract properly written shall be delivered to each teacher not later than the opening of the term of school; provided, that the trustees shall not have the right to employ teachers for any school year commencing after the time for which any member of the board of trustees was elected or appointed. The salaries of teachers shall be determined by the character of the service required, and in no district shall there be any discrimination in the matter of salary as against female teachers; provided, that it shall be unlawful for the board of trustees of any school district to employ any teacher not legally qualified to teach all the grades of the school for which such teacher is engaged to teach or to pay teachers salaries in advance of the time when earned; and provided further, that notice of reemployment of teachers must be given in accordance with the provisions of section 319 of this school code.
12. To pay toward the salaries of legally qualified teachers the public moneys apportioned to districts for such purpose, by giving them orders therefor on the county auditor; provided, that boards of school trustees are hereby authorized to deduct from teachers salaries, upon written request of such teachers, moneys for the payment of group, health, or other group insurance of any kind.
________
Assembly Bill No. 42Mr. Bastian
CHAPTER 39
AN ACT to amend an act entitled An act to provide for the establishment, maintenance, operation and expansion of nonprofit school lunch programs in public schools of the State of Nevada and making an appropriation therefor, approved March 27, 1947.
[Approved February 28, 1951]
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 two new sections immediately after section 7, to read as follows:
Section 7a. The school lunch revolving fund is hereby created in the state treasury, and may be used by the state board of education for the payment of freight, storage, and handling charges incidental to the food, supplies, and equipment obtained by schools and institutions under the provisions of this act. Funds from the school lunch revolving fund shall be paid out on claims as other claims against the state are paid, and such claims shall be approved by the superintendent of public instruction before they are paid. Payments made from the school lunch revolving fund for freight, storage, and handling charges shall be promptly reimbursed by the recipients of such food, supplies, and equipment, and such receipts shall be deposited by the school lunch supervisor in the state treasury to the credit of the revolving fund herein created.
κ1951 Statutes of Nevada, Page 44 (CHAPTER 39, AB 42)κ
Section 7b. For the purpose of providing the school lunch revolving fund heretofore created, there is hereby appropriated from the general fund the sum of three thousand five hundred dollars ($3,500).
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 passage and approval.
________
Assembly Bill No. 34Messrs. Carville, Coulthard, Francovich, Houssels, and Primeaux
CHAPTER 40
AN ACT relating to rules of civil practice and procedure, and authorizing the supreme court to prescribe such rules for all courts.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The supreme court of Nevada, by rules adopted and published from time to time, shall regulate original and appellate civil practice and procedure, including, without limitation, pleadings, motions, writs, notices and forms of process, in judicial proceedings in all courts of the state, for the purpose of simplifying the same and of promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge or modify any substantive right and shall not be inconsistent with the constitution of the State of Nevada.
Sec. 2. All statutes regulating original or appellate civil practice or procedure, including, without limitation, pleadings, motions, writs, notices and forms of process, in effect or taking effect at the time this act takes effect, shall be deemed to be rules of court, and shall remain in effect, until modified or superseded by rules adopted and published pursuant to this act. Such rules shall take effect on such date as the supreme court shall specify, but not in any event until sixty days after adoption and publication.
________
Assembly Bill No. 16Mr. Coulthard
CHAPTER 41
AN ACT to secure the attendance of witnesses from without the state in criminal proceedings, and repealing earlier acts.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Witness as used in this act shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
The word state shall include any territory of the United States and the District of Columbia.
κ1951 Statutes of Nevada, Page 45 (CHAPTER 41, AB 16)κ
The word summons shall include a subpena, order or other notice requiring the appearance of a witness.
Sec. 2. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima-facie evidence of all the facts stated therein.
If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima-facie proof of such desirability, may, in lieu of issuing subpena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.
If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars for each day that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Sec. 3. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness shall be required.
κ1951 Statutes of Nevada, Page 46 (CHAPTER 41, AB 16)κ
pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness shall be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this state he shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time that the period mentioned in the certificate unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Sec. 4. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
Sec. 5. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
Sec. 6. This act may be cited as uniform act to secure the attendance of witnesses from without a state in criminal proceedings.
Sec. 7. That certain act entitled An act to secure the attendance of witnesses from without the state in criminal cases, approved March 8, 1933, being sections 11359-11359.06, 1929 N. C. L., 1941 Supp., and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 8. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 9. This act shall take effect immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 47κ
Assembly Bill No. 8Messrs. Chapman and Primeaux
CHAPTER 42
AN 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.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 51 of the above-entitled act, being section 8068, N. C. L. 1929, is hereby amended to read as follows:
Section 51. On or before the first Tuesday of August of each year the board of directors of each irrigation district shall publish in at least one issue of some newspaper published in the county where the office of the district is located a full, true, and correct statement of the financial condition of said district on the first day of that year, giving a statement of all liabilities and assets of the district.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 53Senator Reid
CHAPTER 43
AN ACT to amend an act entitled An act to create a state contractors board; defining the powers and duties of said board; defining contractors and providing for the licensing of contractors; fixing the fees for such licenses; providing the method of suspension and cancellation of such licenses; prescribing a penalty for the violation of this act and other matters properly relating thereto, approved March 31, 1941, as amended.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of article I of the above-entitled act, being section 1474.03, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 3. The terms of the members of the first board shall be for a period of four years each. Vacancies arising for any reason shall be filled by the governor by appointment for the unexpired term. Each member shall hold office after the expiration of his term until his successor has been duly appointed and qualified.
Sec. 2. Section 4 of article II of the above-entitled act, being section 1474.12, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 48 (CHAPTER 43, SB 53)κ
Section 4. It is unlawful for any two or more licensees, whose licenses have been limited by the board to contracts not exceeding certain monetary sums and each of whom has been issued a license to engage separately in the business or to act separately in the capacity of a contractor within this state, jointly to submit a bid or otherwise act in the capacity of a contractor within this state without first having secured an additional license for acting in the capacity of such a joint venture or combination in accordance with the provisions of this act as provided for an individual, copartnership or corporation.
Sec. 3. Section 1 of article III of the above-entitled act, being section 1474.13, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 1. This act does not apply to work done exclusively by an authorized representative of the United States government, the State of Nevada, or any incorporated town, city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.
Sec. 4. Section 3 of article III, of the above-entitled act, being section 1474.15, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 3. This act does not apply to work done exclusively by public utilities operating under the regulations of the public service commission on construction, maintenance, and development work incidental to their own business.
Sec. 5. Section 4 of article III, of the above-entitled act, as amended, being section 1474.16, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 4. This act does not apply to owners of property, building or improving residential structures thereon for the occupancy of such owner and not intended for sale.
Sec. 6. Section 7 of article III, of the above-entitled act, being section 1474.19, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 7. This act does not apply to any construction, alteration, improvement or repair financed in whole or in part by the federal government and carried on within the limits and boundaries of any site or reservation, the title of which rests in the federal government.
Sec. 7. Section 3 of article IV of the above-entitled act, being section 1474.24, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 3. The board shall require an applicant to show such a degree of experience, financial responsibility and such general knowledge of the building safety and health laws of the State of Nevada and the rudimentary principles of the contracting business as the board shall deem necessary for the safety and protection of the public.
Sec. 8. Section 1 of Article VI of the above-entitled act, being section 1474.30, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 49 (CHAPTER 43, SB 53)κ
Section 1. The board, in its discretion, is authorized to fix application and annual license fees to be paid by applicants and licensees under the terms of this act; provided, however, that the application fee shall not exceed $15 and the annual license fee shall not exceed $15 per year.
________
Senate Bill No. 2Senator Lattin
CHAPTER 44
AN ACT designating the state department of agriculture as the agent of the State of Nevada to apply to and receive from the secretary of agriculture of the United States the assets of the defunct Nevada rural rehabilitation corporation; providing for the administration of such assets by the department, and other matters relating thereto.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state department of agriculture, as so named and designated in that certain act of the legislature entitled An Act authorizing the state board of stock commissioners to conduct the activities entrusted to them by statute under the name of the state department of agriculture, and other matters relating thereto, approved March 27, 1935, being chapter 98, Statutes of Nevada 1935, is hereby designated and empowered to act as the agency of and in behalf of and for the State of Nevada to make application to and to receive from the secretary of agriculture of the United States, or any other federal official thereunto properly authorized by the federal government and pursuant and subject to the provisions of that certain act of congress, approved May 3, 1950, entitled An Act to provide for the liquidation of the trust under the transfer agreements with state rural rehabilitation corporations, and for other purposes, the same being public law No. 499, eighty-first congress, the trust assets, either funds or property, held by the United States as trustee for and in behalf of the defunct Nevada rural rehabilitation corporation.
Sec. 2. The state department of agriculture is authorized to enter into agreements with the secretary of agriculture of the United States pursuant to section 2(f) of the aforesaid act of the congress of the United States, upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the secretary of agriculture of the United States to accept, administer, expend and use in the State of Nevada all or any part of such trust assets or any other funds of the State of Nevada which may be appropriated for such uses for carrying out the purposes of the applicable provisions of the federal Bankhead-Jones farm tenant act, being title 7, sections 1000-1031 U. S. C. A., as the same is now or hereafter may be amended, and, by its president and secretary, to do any and all things necessary to effectuate and carry out the purposes of said agreements, and may appoint such other agents, representatives and attorneys as deemed necessary to effectuate the purposes of this act.
κ1951 Statutes of Nevada, Page 50 (CHAPTER 44, SB 2)κ
appoint such other agents, representatives and attorneys as deemed necessary to effectuate the purposes of this act.
Sec. 3. Notwithstanding any other provisions of law, funds and the proceeds of the trust assets which are not authorized to be administered by the secretary of agriculture of the United States under the provisions of section 2 of this act shall be received by the state department of agriculture and by it forthwith deposited with the state treasurer. Such fund is hereby appropriated and may be expended or obligated by the state department of agriculture for the purposes of section 2 of this act or for use by the state department of agriculture for such of the rural rehabilitation purposes permissible under the charter of the now defunct Nevada rural rehabilitation corporation as may from time to time be agreed upon by the state department of agriculture and the secretary of agriculture of the United States, subject to the applicable provisions of said public law 499 and the said applicable provisions of the Bankhead-Jones farm tenant act.
Sec. 4. The state department of agriculture is authorized and empowered to
(a) Collect, compromise, adjust or cancel claims and obligations arising out of or administered under this act or under any mortgage, lease, contract or agreement entered into or administered pursuant to this act and, if in its judgment, necessary and advisable, pursue the same to final collection in any court having jurisdiction.
(b) Bid for and purchase at any execution, foreclosure or other sale, or otherwise to acquire property upon which the state department of agriculture has a lien by reason of a judgment or execution, or which is pledged, mortgaged, conveyed or which otherwise secures any loan or other indebtedness owing to or acquired by the state department of agriculture under this act, and
(c) Accept title to any property so purchased or acquired for and in behalf of the state and to operate or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of this act.
The authority herein contained may be delegated to the secretary of agriculture of the United States with respect to funds or assets authorized to be administered and used by him under agreements entered into pursuant to section 2 of this act.
Sec. 5. The United States, and the secretary of agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the state department of agriculture of the State of Nevada pursuant to this act.
Sec. 6. All acts and parts of acts in conflict herewith are repealed.
Sec. 7. This act shall be effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 51κ
Assembly Bill No. 160White Pine County Delegation
CHAPTER 45
AN ACT to fix salaries for the elective officers of White Pine County, State of Nevada.
[Approved February 28, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law, the following officers of White Pine County, State of Nevada, shall be paid the following salaries: sheriff, four thousand eight hundred dollars ($4,800); assessor, four thousand eight hundred dollars ($4,800); county clerk, four thousand eight hundred dollars ($4,800); county treasurer, four thousand eight hundred dollars ($4,800); recorder-auditor, four thousand eight hundred dollars ($4,800); district attorney, four thousand eight hundred dollars ($4,800); county commissioners, each, one thousand eight hundred dollars ($1,800).
Sec. 2. The amounts set forth in the foregoing section hereof as salaries are annual salaries, and shall be paid as other county salaries are paid.
Sec. 3. This act is not intended to repeal the provisions of any existing statutes concerning the salaries of county officers of White Pine County, State of Nevada, but is intended, and shall be construed, to suspend the operation of such statutes for the effective life of this statute insofar as its provisions conflict.
Sec. 4. This act shall be in effect from and after the first day of the first month following its passage and approval and shall expire by limitation of time two years thereafter.
________
Senate Bill No. 32Committee on Finance
CHAPTER 46
AN ACT to amend an act entitled An act 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; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; 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 27, 1947, as amended.
[Approved March 2, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 77 of the above-entitled act, being section 2680.77, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 52 (CHAPTER 46, SB 32)κ
Section 77(a). Every employer within, and those electing to be governed by, the provisions of this act, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before the first day of July, A. D. 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total pay roll for the ensuing two months as shall be fixed by order of the commission; provided, however, that all premium rates now in effect shall be continued in full force and effect until changed, altered, or amended by order of the commission.
(b) Every employer within, and those electing to be governed by, the provisions of this act, who shall enter into business or resume operations subsequent to July 1, 1947, shall, before commencing or resuming operations, as the case may be, notify the commission of such fact, accompanying such notification with an estimate of his monthly pay roll and shall make payment of the premium on such pay roll for the first two months of operations.
(c) Every employer within, and those electing to be governed by, the provisions of this act, shall, on or before the twenty-fifth day of each month, furnish the commission with a true and accurate pay roll showing the aggregate number of shifts worked during the preceding month, the total amount paid to employees for services performed during said month, and a segregation of employment in accordance with the requirements of the commission, together with the premium due thereon; provided, however, that any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than sixty (60) days. Failure on the part of any such employers to comply with the foregoing provisions shall operate as a rejection of this act, effective at the expiration of the period covered by his estimate; and further provided, that if an audit of the accounts or actual pay roll of such employers shows the actual premium earned to have exceeded the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment would constitute an adequate advance premium for the period covered by the estimate.
(d) As soon as possible after the expiration of each quarter-year, beginning with September 30, 1947, it shall be the duty of every state office, department, board, commission, bureau, agency, and institution operating by authority of law, and the auditor of each county, and the clerk of each municipal corporation, city, and school district, to furnish the commission with a true and accurate pay roll of said state office, department, board, commission, bureau, agency, or institution, and county, municipal corporation, school district or contractor or subcontractor under said state office, department, board, commission, bureau, agency, institution, county municipal corporation, city, or school district, showing the aggregate number of shifts worked during the preceding quarter, the total amount paid to employees for services performed during said quarter, and a segregation of employment in accordance with the requirements of the commission; and it shall be the duty of each of the said state offices, departments, boards, commissions, bureaus, agencies, and institutions to submit claims for the amount of premiums due the commission, and it shall be the duty of each of the said auditors and clerks to make up and submit to the respective governing boards of each county, municipal corporation, city, and school district, for approval, claims for the amount of premiums due the commission and the state offices, departments, boards, commissions, bureaus, agencies, institutions, county auditor, city clerk or clerk of school districts shall deduct the amount of the claims for such premiums concerning the pay rolls of their respective contractors or subcontractors, as provided for herein, from any settlement with any contractor or subcontractor.
κ1951 Statutes of Nevada, Page 53 (CHAPTER 46, SB 32)κ
services performed during said quarter, and a segregation of employment in accordance with the requirements of the commission; and it shall be the duty of each of the said state offices, departments, boards, commissions, bureaus, agencies, and institutions to submit claims for the amount of premiums due the commission, and it shall be the duty of each of the said auditors and clerks to make up and submit to the respective governing boards of each county, municipal corporation, city, and school district, for approval, claims for the amount of premiums due the commission and the state offices, departments, boards, commissions, bureaus, agencies, institutions, county auditor, city clerk or clerk of school districts shall deduct the amount of the claims for such premiums concerning the pay rolls of their respective contractors or subcontractors, as provided for herein, from any settlement with any contractor or subcontractor. Any official who fails or refuses to comply with the provisions of this section shall be guilty of a misdemeanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50), nor more than two hundred dollars ($200).
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 41Committee on State and County Affairs
CHAPTER 47
AN ACT to amend an act entitled An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907, as amended.
[Approved March 3, 1951]
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 1137, N. C. L. 1929, is hereby amended to read as follows:
Section 36. In addition to the mayor and city council, there may be elected in each city of the first or second class a city clerk, a city treasurer, a judge of the municipal court, a city attorney. All elective officers shall hold their respective offices for four years and until their successors are elected and qualified, provided, however, that cities of the third class may by ordinance regularly adopted provide that the mayor and city councilmen shall be elected and shall hold office for a period of two years. In cities of the third class, the mayor, by and with the advice and consent of the city council, may appoint any or all such officers as may be deemed expedient, and such appointive officers shall hold their respective offices during the pleasure of the mayor and city council.
________
κ1951 Statutes of Nevada, Page 54κ
Senate Bill No. 13Judiciary Committee
CHAPTER 48
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 3, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 34 of the above-entitled act, being section 8533, N. C. L. 1929, is hereby amended so as to read as follows:
Section 34. If a person entitled to bring an action other than for the recovery of real property, be, at the time the cause of action accrued, either:
1. Within the age of twenty-one years; or,
2. Insane; or,
3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; the time of such disability shall not be a part of the time limited for the commencement of the action.
Sec. 2. Section 286 of the above-entitled act, being section 8784, 1929 N. C. L., 1931-1941 Supp., is hereby amended so as to read as follows:
Section 286. Findings of fact may be waived by the several parties to an issue of fact:
1. By failing to appear at the trial.
2. By consent in writing, filed with the clerk.
3. By oral consent, in open court, entered in the minutes.
In all cases where the court directs a party to prepare findings, a copy of said proposed findings shall be served upon all the parties who have appeared in the action at least five days before findings shall be signed by the court, and the court shall not sign any findings therein prior to the expiration of such five days.
Within five days after the service of proposed findings, the adverse party may, in writing, file objections to and propose additions to and modifications of the prevailing partys proposed findings and shall serve same on the prevailing party or his attorney of record. Thereafter, the court may settle the findings by adding to or modifying the same in any respect so as to make the same conform to the issues presented by the pleadings and to the evidence adduced at the trial without the necessity of any further proceedings had or taken.
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 upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 55κ
Assembly Bill No. 33Messrs. Chapman and Primeaux
CHAPTER 49
AN 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; co-operation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended.
[Approved March 3, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act shall be amended to read as follows: 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, the generation, production, transmission and selling of electrical energy in any form, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; co-operation with the United States; and matters properly connected therewith.
Sec. 2. Section 10 of the above-entitled act, being section 8017, N. C. L. 1929, is hereby amended to read as follows:
Section 10. The board of directors shall have power to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees, delegates to conventions, or other representatives in the interest of the district as may be required, and prescribe their duties and remuneration, and to establish bylaws, rules and regulations for the distribution and use of water in the district, and to compel water users, at their expense, to install measuring and regulating devices to effect and make a proper distribution of water. In the event the user fails to install any such device when ordered, the district may install the same and charge the actual cost thereof to the water user, and such charge will be regarded and treated as a cost of distribution and collected in the same manner from such water user. Said bylaws, rules and regulations shall be printed in convenient form for distribution throughout the district. For the purpose of acquiring control over government lands within the district, and of complying with the provisions of the aforesaid act of congress of August 11, 1916, the board shall have power to make such investigation, and base thereon such representations and assurances to the secretary of the interior as may be requisite. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board is hereby empowered without calling an election therefor, to lease, in the name of the district, lands from the United States government or any other person or corporation that are situate in or near the district for use by the water users of the district as a community pasture, under such rules and regulations as the board may prescribe, and said board may collect such fees from the owners of livestock using such pasture as may, in the judgment of the board, be advisable.
κ1951 Statutes of Nevada, Page 56 (CHAPTER 49, AB 33)κ
person or corporation that are situate in or near the district for use by the water users of the district as a community pasture, under such rules and regulations as the board may prescribe, and said board may collect such fees from the owners of livestock using such pasture as may, in the judgment of the board, be advisable. Said board shall also have the right to acquire, either by purchase, condemnation, or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of water, and all other works and appurtenances, either within or without the State of Nevada, and shall also have the right to generate, produce, transmit and sell electric power or electrical energy in any form in furtherance of the purposes of this act; to acquire or contract for the delivery of electric power and electric-power or transmission lines; provided, that the board shall not have the power to acquire or contract for the construction or acquisition of electric-power or transmission lines at a cost exceeding the sum of fifteen thousand dollars without first calling a special election thereon as provided in this act. In case of purchase of property the bonds of the district hereinafter provided for may be used in payment of not less than ninety percent (90%) of their par value and accrued interest. The board may appropriate water in accordance with the law, and also construct the necessary dams, reservoirs, and works for the collection, storage, conservation and distribution of water for said district and for the drainage of the lands thereof, and do any and every lawful act necessary to be done in order to accomplish the things and purposes herein described. The collection, storage, conveyance, distribution and use of water by or through the works of irrigation districts heretofore or hereafter organized, together with the rights of way for canals and ditches, sites for reservoirs, electric-power and transmission lines, and all other works and property required to fully carry out the provisions of this act, is hereby declared to be a public use. The board of directors is hereby empowered to change the boundaries of one or more divisions of the district in order to more nearly equalize the number of electors in the respective divisions, whenever in the opinion of the board it is advisable to so do, provided, that new lands shall not be included within the district boundaries, and lands within the district boundaries and lands within the district shall not be excluded by such change of boundaries, except as otherwise provided in this act. Such change of division boundaries shall become effective when a certified copy of a resolution making such change, attached to a copy of a map or plat of the district delineating the new division boundary lines, both being certified as correct by the secretary of the district, shall be filed in the office of the county recorder of the county in which the division whose boundaries have been so changed is situate.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 57κ
Assembly Bill No. 149Clark County Delegation
CHAPTER 50
AN ACT to repeal an act entitled An act to establish commissioner districts in the county of Clark, and providing for the election therefrom of members of the board of county commissioners, approved March 29, 1949.
[Approved March 6, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the State of Nevada entitled An act to establish commissioner districts in the county of Clark, and providing for the election therefrom of members of the board of county commissioners, approved March 29, 1949, being chapter 269, Statutes of Nevada 1949, is hereby repealed.
Sec. 2. This act shall become effective immediately upon its passage and approval.
________
Assembly Bill No. 118Washoe County Delegation
CHAPTER 51
AN ACT to amend an act entitled An act authorizing the county commissioners of certain counties of the State of Nevada to appoint a county engineer; to appoint such assistants and employees as said county engineer may need; fixing his compensation and the compensation of his assistants and employees, and other matters relating thereto, approved March 27, 1947.
[Approved March 6, 1951]
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 2188.11, 1929, N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. The county commissioners of any county in the State of Nevada, having a population of not less than 10,000 are authorized to appoint a county engineer and to fix the compensation for said county engineer at a rate not to exceed $600 per month; said county engineer shall be a qualified and competent civil engineer who shall be registered as a professional engineer by the state board of registered professional engineers, and who shall have been a resident of the county in which he is appointed for at least six (6) months prior to the appointment. He shall hold his office at the pleasure of the board of county commissioners and can be removed from office by said board of county commissioners at any time.
Sec. 2. This act shall become effective immediately from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 58κ
Senate Bill No. 40Committee on Judiciary
CHAPTER 52
AN ACT to amend an act entitled An act concerning annulment of marriage, approved March 24, 1931, as amended.
[Approved March 6, 1951]
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 4070, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 1. Annulment of marriages whether the same were contracted, performed or entered into within or without the State of Nevada may be obtained by complaint under oath to any district court of the State of Nevada, if the marriage was performed in the State of Nevada, or in which the defendant shall reside or be found, or in which the plaintiff shall reside, if the latter be either the county in which the parties last cohabitated, or in which the plaintiff shall have resided six weeks before suit be brought, for any cause which is now provided by law for annulment of marriage or which is ground for annulling or declaring void a contract in a court of equity.
A cause of action for annulment may be pleaded in the same complaint with a cause of action for divorce.
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 upon passage and approval.
________
Assembly Bill No. 30Messrs. Hawes, Ogee, and Ramsey
CHAPTER 53
AN ACT to authorize the highway department to construct roadside parks along primary routes of trade.
[Approved March 6, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The highway engineer shall be authorized to construct roadside parks for the convenience of motorists upon approval of the bureau of public roads.
Sec. 2. Said roadside parks may be constructed at such locations as may be selected by the highway engineer.
Sec. 3. Costs of the construction of said roadside parks shall be paid out of existing federal and state highway funds.
________
κ1951 Statutes of Nevada, Page 59κ
Senate Bill No. 28Committee on Judiciary
CHAPTER 54
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 6, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 434 of the above-entitled act, being section 8923, N. C. L. 1929, is hereby amended to read as follows:
Section 434. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision, or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme and district courts, his costs and necessary disbursements, in the action or special proceeding.
In cases in which (1) the plaintiff does not seek recovery in excess of one thousand dollars ($1,000), or (2) in which the defendant does not seek a recovery in excess of one thousand dollars ($1,000), the court may, in its discretion, make an allowance of attorney fees to the prevailing party.
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 upon its passage and approval.
________
Assembly Bill No. 119Washoe County Delegation
CHAPTER 55
AN ACT to amend an act entitled An act concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances, approved March 21, 1945.
[Approved March 6, 1951]
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 102 of Statutes of Nevada 1945, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Washoe County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited, and fixed monthly:
κ1951 Statutes of Nevada, Page 60 (CHAPTER 55, AB 119)κ
The sheriff of Washoe County shall receive a salary of six thousand dollars ($6,000) per annum, and such commissions as ex officio license collector, as are now allowed by law.
The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Washoe, State of Nevada, are parties thereto.
The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of six thousand dollars ($6,000) per annum.
The county assessor shall receive a salary of six thousand dollars ($6,000) per annum.
The county assessor shall also receive a further sum of not more than five hundred dollars ($500) per annum for traveling expenses.
The district attorney shall receive a salary of six thousand dollars ($6,000) per annum.
The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, a special investigator at a salary to be fixed by the board of county commissioners, but in no event to exceed three thousand six hundred dollars ($3,600) per annum.
The county treasurer shall receive a salary of four thousand two hundred dollars ($4,200) per annum.
The county recorder and auditor shall receive a salary of four thousand two hundred dollars ($4,200) per annum.
The county commissioners of Washoe County shall each receive the sum of two hundred fifty dollars ($250) per month, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed.
________
Senate Bill No. 22Committee on State and County Affairs
CHAPTER 56
AN ACT providing that the administration and control of the photocopy room shall be under the authority of the secretary of state, that all equipment therein shall be under his jurisdiction, and other matters relating thereto.
[Approved March 6, 1951]
Whereas, The photocopy machine now located in the photocopy room, and belonging to the secretary of state, is very essential to the operations of the office of the secretary of state; and
Whereas, Two stenographers would be necessary to replace the photocopy machine and its operator in the reproduction of documents on file in the office of the secretary of state; and
Whereas, Photocopy fee collections in the office of the secretary of state have repaid the original purchase price of the photocopy machine at least six times over during 1948 and 1949; and
κ1951 Statutes of Nevada, Page 61 (CHAPTER 56, SB 22)κ
of state have repaid the original purchase price of the photocopy machine at least six times over during 1948 and 1949; and
Whereas, A very large proportion of the work performed by the photocopy room comes from the office of the secretary of state, and said office owns at least fifty percent of the equipment; and
Whereas, The administration of the photocopy room is divided, resulting in a lack of coordination and a disunity of purpose; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The secretary of state is hereby invested with all the duties, powers, purposes, responsibilities, and jurisdiction of the photocopy room, he shall be responsible for its management, and he shall administer all its activities.
Sec. 2. The secretary of state may have such technical and operational staff as the execution of the work in the photocopy room may require.
Sec. 3. All space, records, papers, supplies, files, furniture, tubs, hot water boiler, film-a-record machine, and other equipment of whatsoever description in the photocopy room shall be transferred to the authority of the secretary of state.
Sec. 4. The secretary of state is hereby authorized to collect such fees as may be provided by law for photocopies, microfilming, and other work performed in the photocopy room, and such fees shall be deposited in the general fund. He may accept contributions of photocopy paper, chemicals, microfilm, and other supplies from other state departments, and agencies, and from the various political subdivisions.
Sec. 5. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the fund of the office of the secretary of state as other claims against the state are paid. All claims shall be approved by the secretary of state before they are paid.
Sec. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 52Committee on Judiciary
CHAPTER 57
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 6, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 295 of the above-entitled act, being section 8793, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 62 (CHAPTER 57, SB 52)κ
Section 295. An action may be dismissed, or a judgment of nonsuit entered, in the following cases:
1. By the plaintiff himself at any time before the actual commencement of trial, upon the payment of costs, if a counterclaim has not been made or affirmative relief sought by the cross-complaint or answer of the defendant. The plaintiff as a condition to such dismissal shall pay to the clerk for the defendant such court fees as the defendant may have theretofore paid in such action to the clerk. If a provisional remedy has been allowed, the undertaking shall thereupon be delivered by the clerk to the defendant, who may have his action thereon. A trial shall be deemed to be actually commenced at the beginning of the opening statement of the plaintiff or his counsel, and if there shall be no opening statement, then at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evidence.
2. By either party, upon the written consent of the other.
No dismissal mentioned in subdivisions 1 and 2 of this section shall be granted unless upon the written consent of the attorney of record of the party or parties applying therefor, or is such consent is not obtained, upon order of the court after notice to such attorney.
3. By the court, when either party fails to appear on the trial, and the other party appears and asks for the dismissal, or when, after a demurrer to the complaint has been sustained, the plaintiff fails to amend it within the time allowed by the court, and the defendant moves for such dismissal.
4. By the court, with prejudice to the cause, when upon trial and before the final submission of the case the plaintiff abandons it.
5. By the court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the court or jury. The dismissal mentioned in the first two subdivision shall be made by an entry in the clerks register. Judgment may thereupon be entered accordingly. In every other case the judgment shall be rendered on the merits.
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.
________
κ1951 Statutes of Nevada, Page 63κ
Assembly Bill No. 82Mr. Humphrey
CHAPTER 58
AN ACT to amend an act entitled An act regulating the practice of veterinary medicine, surgery, and dentistry in the State of Nevada; creating the state board of veterinary medical examiners, and defining their duties; providing for the issuing of licenses to practice veterinary medicine, surgery, and dentistry; defining the practice of veterinary medicine, surgery, and dentistry; defining certain misdemeanors; and certain other matters relating thereto, approved February 21, 1919.
[Approved March 6, 1951]
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 section 7793, N. C. L. 1929, is hereby amended to read as follows:
Section 4. The board shall elect from its members a president, vice-president and secretary-treasurer, to serve at the pleasure of the board. The office of the secretary-treasurer shall be the legal office of the board, and the secretary-treasurer shall be the custodian of all the records and funds of the board. The board shall meet, at any convenient place, at the call of the secretary-treasurer, whenever there is sufficient business to come before the board to warrant such action. The secretary-treasurer shall call a meeting of the board whenever requested by any two members. The board may adopt such rules and regulations as it deems necessary to carry out the provisions of the act, not in conflict therewith. Any member of the board may administer oaths in all matters pertaining to the duties of the board, and the board shall have authority to take and record evidence as to any matter cognizable by it.
Sec. 2. Section 5 of the above-entitled act, being section 7794, N. C. L. 1929, is hereby amended to read as follows:
Section 5. Any person who desires to secure the license above referred to shall make application in writing to the secretary of the board, accompanied by satisfactory proof that they are more than 21 years of age, of good moral character, have received a diploma conferring the degree of doctor of veterinary medicine, or its equivalent, from a veterinary school or college authorized by law to confer such degree, and are possessed of professional and educational qualifications at least equal to those required for a permanent appointment as a veterinary inspector in the bureau of animal industry, United States department of agriculture, or membership in the American veterinary medical association. Said application shall be accompanied by a fee of ten dollars ($10).
The board may examine applicants for a license, either in writing or orally, or both, in order to determine their qualifications, and issue or deny a license on the basis of said examination. If an applicant shall be denied a license as the result of such an examination, the fee tendered shall not be returned to the applicant.
κ1951 Statutes of Nevada, Page 64 (CHAPTER 58, AB 82)κ
The board may in its discretion license an applicant without examination, upon sufficient proof that the applicant holds a currently valid license to practice elsewhere, where the requirements are at least equal to those herein provided, or has a currently valid certificate of qualification from the national board of veterinary medical examiners.
If an applicant who does not take the examination or examinations referred to in this section is denied a license, any fee or fees tendered by him may in the discretion of the board be returned to said applicant.
Any license issued by the board may be revoked by them upon satisfactory proof that the holder of said license is guilty of unprofessional conduct; gross immorality; habitual drunkenness; or is addicted to the use of habit-forming drugs, or is convicted of a felony, after full and fair investigation of the charges preferred against the accused.
Sec. 3. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 81Senator Wiley
CHAPTER 59
AN ACT authorizing and directing the county commissioners of Esmeralda County to transfer certain funds, and specifying the duties of certain officers in connection therewith.
[Approved March 6, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of Esmeralda County are hereby authorized and directed to order transferred from the county aid to district high school fund, to the Clayton elementary school fund, the sum of one thousand one hundred forty-one and 89/100ths dollars ($1,141.89) and from the county aid to district high school fund, to Esmeralda County high school fund, the sum of one thousand three hundred thirty-six and 71/100ths dollars ($1,336.71), being the balance in said fund. The county auditor and county treasurer of said Esmeralda County are directed to do all acts necessary to effectuate the purpose of this act.
Sec. 2. This act shall take effect immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 65κ
Senate Bill No. 58Senator Horlacher
CHAPTER 60
AN ACT to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved March 7, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 289 of the above-entitled act, being section 10237, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 289. The period of employment for all persons who are employed, occupied, or engaged in work or labor of any kind or nature in underground mines or underground workings in search for or in extraction of minerals, whether base or precious, metallic or nonmetallic, or who are engaged in such underground mines, underground workings or who are employed, engaged, or occupied in other underground workings of any kind or nature, for the purpose of tunneling, making excavations, or to accomplish any other purpose or design, shall not exceed eight hours within any twenty-four hours, and the said eight hours shall include the time employed, occupied, or consumed from the time of entering the collar of the shaft or portal of the tunnel of any underground mine until returning to the surface from said underground mine, or the time employed, occupied, or consumed in leaving the surface of any tunnel, open cut or open pit workings, for the point or place of work therein, and returning thereto from said place or point of work; provided, that in cases of emergency, where life or property is in danger, the period may be prolonged during the continuance of such emergency; and provided, further, that nothing in this section contained shall be deemed to prevent change in the hours of employment from one part of the day to another at stated periods, nor to prevent the employment of any of the persons mentioned in this section for more than eight hours during the day in which change is made; and provided, however, that such change in the hours of employment shall not occur more than once in any two weeks; provided, however, that nothing herein contained shall preclude a repair or maintenance crew from completing any repair or maintenance work upon which they are engaged at the end of an eight-hour period; nor shall an employee be precluded from working a subsequent shift or period thereof in the same twenty-four hours in the event that no qualified employee is available for relief.
________
κ1951 Statutes of Nevada, Page 66κ
Senate Bill No. 27Committee on Judiciary
CHAPTER 61
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 7, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 790 of the above-entitled act, being section 9279, N. C. L. 1929, is hereby amended to read as follows:
Section 790. The summons may be served by a sheriff or constable of any of the counties of this state, or by any other person of the age of twenty-one years or over, not a party to the action, and said summons must be served and returned, as provided in chapter 8 of this act, or it may be served by publication; and sections 84 to 88, both inclusive of this act, so far as they relate to the publication of summons, are made applicable to justices courts, the word justice being substituted for the word judge; the word twenty for the word forty, and the word four for the word six, wherever the same occur respectively; provided, that service of summons may be made upon the resident agent of any corporation doing business in this state, subject to the provisions of this act.
If the cost of publication of summons in a newspaper exceeds the sum of five dollars ($5) for the said publication, then publication of summons may be made by posting in three (3) conspicuous places in the township in which the action has been filed.
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 upon its passage and approval.
________
Assembly Bill No. 81Messrs. Christensen and Cross
CHAPTER 62
AN ACT providing for the creation of reserve building funds by school districts or county high schools.
[Approved March 8, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The trustees of any school district (with the approval of the Nevada state board of finance) may accumulate a fund, for a period of time not to exceed ten (10) years, for the purpose of constructing or making additions to an elementary school, a junior high school, or a district high school, by the levy of an annual special tax not to exceed thirty-five cents (35’) on the one hundred dollars of assessed valuation of the school district. The trustees of any county high school (with the approval of the Nevada state board of finance) may accumulate a fund, for a period of time not to exceed ten (10) years, for the purpose of constructing or making additions to a county high school by the levy of an annual special tax not to exceed thirty-five cents (35’) on the one hundred dollars of assessed valuation of the county.
κ1951 Statutes of Nevada, Page 67 (CHAPTER 62, AB 81)κ
high school (with the approval of the Nevada state board of finance) may accumulate a fund, for a period of time not to exceed ten (10) years, for the purpose of constructing or making additions to a county high school by the levy of an annual special tax not to exceed thirty-five cents (35’) on the one hundred dollars of assessed valuation of the county. All moneys collected from said special tax shall be placed in a fund with the county treasurer to be known as the . school district building reserve fund. Any moneys in said fund at the end of the fiscal year shall not lapse nor shall be a surplus available for expenditure for any other purposes than those specified and for which the levies were made. No sum shall be budgeted for a reserve fund by any school district or county high school which shall have the effect of depriving an incorporated city of the benefit of its maximum statutory tax rate without the consent of the governing board of said city.
Sec. 2. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 114Mr. McCuistion
CHAPTER 63
AN ACT to amend an act entitled An act providing for cooperation, in behalf of the sheep raising industry of Nevada, between the Nevada state board of sheep commissioners, acting as the state woolgrowers predatory animal committee, and the fish and wildlife service of the federal government incident to predatory animal control; providing for certain taxing powers and for certain duties on the part of the Nevada state board of sheep commissioners and the tax levying and collecting officials of the counties concerned incident thereto; repealing all acts or parts of acts in conflict herewith, and other matters properly relating thereto, approved March 29, 1949.
[Approved March 8, 1951]
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 3902.01, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. The Nevada state board of sheep commissioners, hereinafter called the board, is hereby empowered and authorized, acting as the state woolgrowers predatory animal committee, hereinafter called the committee, to make an annual special tax levy of not to exceed the equivalent of twenty cents per head on all sheep assessed by the taxing authorities of the various counties of Nevada for the year concerned, said special tax levy to be designated as the woolgrowers predatory animal control levy, to be levied and collected as are other property taxes by the tax levying and tax collecting authorities of the various Nevada counties in the case of all sheep assessed on the rolls of the said counties for the tax year following receipt of notice of the said special levy from the board by the said county taxing authorities; provided, that the said notice shall be sent by the board to the county commissioners of the several counties of the state on or before the fifteenth day of March of each year concerned.
κ1951 Statutes of Nevada, Page 68 (CHAPTER 63, AB 114)κ
sent by the board to the county commissioners of the several counties of the state on or before the fifteenth day of March of each year concerned.
As collected, the funds derived from the said special levy shall be deposited by the proper county official with the state treasurer who shall place and keep the said funds in a special fund to be known as the woolgrowers predatory animal control fund, subject only to the orders of the board.
Sec. 2. This act is hereby declared to be an emergency measure and shall take effect immediately upon its passage and approval.
________
Assembly Bill No. 55Mr. Englestead
CHAPTER 64
AN ACT to amend an act entitled 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.
[Approved March 8, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 22 of the above-entitled act, being section 4229, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 22. The underground use of any internal combustion engine is hereby declared unlawful, unless after application filed with the inspector of mines he finds that the particular type of equipment for the use of which application is filed has been approved for underground work by the United States bureau of mines, and the atmospheric conditions in the underground workings where the equipment is to be used are such that the operation of such equipment will not endanger the health or safety of any employee. If the application be approved by said inspector, the operation of the designated equipment shall be lawful only if and so long as it is operated and maintained in accordance with recommendations made public from time to time by the United States bureau of mines, and only upon the condition that whenever safe conditions of air quality are not maintained, operation of the equipment shall be stopped by the operator until proper conditions of air quality are again established, either by increasing ventilation or by correcting mechanical imperfections in the equipment, whichever is found to be the cause of the undesirable conditions.
________
κ1951 Statutes of Nevada, Page 69κ
Senate Bill No. 31Committee on Finance
CHAPTER 65
AN ACT providing for the securing of electric punch card accounting machines and equipment for the office of the state controller, and making an appropriation therefor.
[Approved March 8, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to secure and install electric punch card accounting machine services and equipment in the office of the state controller. The state controller is hereby authorized and directed to contract for the necessary rental of said machines and for services incidental thereto, and to purchase the necessary equipment and supplies for the completion of the installation. The machines shall be secured on a rental basis, and contracts shall provide for continuous accounting services, personnel training, machine maintenance services, and assistance by the manufacturer in the efficient utilization of the equipment.
Sec. 2. The state controller is hereby authorized and directed to accept fees for accounting services performed over and beyond the requirements of the state controllers office, such fees to be deposited in the general fund.
Sec. 3. For the purpose of carrying out the provisions of this act there is hereby appropriated from the general fund for the biennium ending June 30, 1953, the sum of eight thousand dollars ($8,000), to be paid out on claims as other claims against the state are paid.
________
Senate Bill No. 67Committee on Finance
CHAPTER 66
AN ACT providing for the depositing in the state distributive school fund all moneys received by the state from secretary of the treasury of the United States pursuant to the federal coal, oil and gas lands leasing act of 1920.
[Approved March 8, 1951]
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, all moneys heretofore and from and after the year 1925 that have been paid into the state treasury of this state by the secretary of the treasury of the United States pursuant to the provisions of section 35 of that certain act of the congress of the United States entitled An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain, approved February 25, 1920, and being chapter 85, 41 U.S. Statutes at Large, and all such moneys hereinafter so paid in each fiscal year shall be by the state treasurer set over to and deposited in the state distributive school fund.
κ1951 Statutes of Nevada, Page 70 (CHAPTER 66, SB 67)κ
so paid in each fiscal year shall be by the state treasurer set over to and deposited in the state distributive school fund.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 76Senator Lemaire
CHAPTER 67
AN ACT to amend an act entitled An act fixing the compensation of the county officers of Lander County, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949.
[Approved March 8, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 2, chapter 158, page 335, Statutes of 1949, is hereby amended to read as follows:
Section 2. The sheriff of Lander County shall receive the sum of three thousand one hundred and twenty dollars ($3,120) per annum, and the commissions allowed by law for all collections of all licenses, which shall be compensation in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than ten miles from the county seat, he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than ten miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. The sheriff of Lander County is hereby authorized and empowered to employ and may hereafter appoint three deputies, such appointments to be made with the approval of the county commissioners. The three deputy sheriffs so appointed shall receive a salary not to exceed three thousand dollars ($3,000) each per annum.
Sec. 2. Section 3 of the above-entitled act, being section 3, chapter 158, page 336, Statutes of 1949, is hereby amended to read as follows:
Section 3. The county assessor of Lander County, Nevada, shall receive a salary of two thousand eight hundred and eighty dollars ($2,880), per annum, and such fees and commissions as are now allowed by law.
κ1951 Statutes of Nevada, Page 71 (CHAPTER 67, SB 76)κ
($2,880), per annum, and such fees and commissions as are now allowed by law.
Sec. 3. Section 4 of the above-entitled act, being section 4, chapter 158, page 336, Statutes of 1949, is hereby amended to read as follows:
Section 4. The county recorder, as such, and ex officio auditor, shall receive a salary of three thousand one hundred and twenty dollars ($3,120) per annum, and the fees allowed under the act of February 27, 1883. He shall perform all county work required in the office, and extend the annual assessment roll without further compensation or charge against the county.
Sec. 4. Section 5 of the above-entitled act, being section 5, chapter 158, page 336, Statutes of 1949, is hereby amended to read as follows:
Section 5. The county treasurer shall receive a salary of two thousand eight hundred and eighty dollars ($2,880) per annum.
Sec. 5. Section 6 of the above-entitled act, being section 6, chapter 158, page 336, Statutes of 1949, is hereby amended to read as follows:
Section 6. The county clerk shall receive a salary of two thousand eight hundred and eighty dollars ($2,880) per annum, and such civil fees as are now allowed by law.
Sec. 6. Section 7 of the above-entitled act, being section 7, chapter 158, page 336, Statutes of 1949, is hereby amended to read as follows:
Section 7. The district attorney, as such, shall receive a salary of three thousand one hundred and twenty dollars ($3,120) per annum, and such fees and commissions as are now allowed by law.
Sec. 7. The above-entitled act is further amended by adding thereto a new section, to be numbered section 7.1, and to read as follows:
Section 7.1. From and after the effective date of this act, the county commissioners of Lander County shall each receive a salary of one thousand three hundred and twenty dollars ($1,320) per annum in full compensation for all services and expenses; provided, that any commissioner residing more than ten miles from the county seat of said county shall receive, in addition to said salary, the sum of ten cents (10’) per mile necessarily traveled in attending necessary meetings of the board.
Sec. 8. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 9. This act shall be in full force and effect from and after April 1, 1951.
________
κ1951 Statutes of Nevada, Page 72κ
Senate Bill No. 21Committee on State and County Affairs
CHAPTER 68
AN ACT to amend an act entitled An act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith, approved February 3, 1928, as amended.
[Approved March 8, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 6943, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 2. When any district judge, state officer, commissioner, or representative of the state, or other state employee of any office, department, board, commission, bureau, agency, or institution operating by authority of law, and supported in whole or in part by any public funds, whether said public funds are funds received from the federal government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his necessary traveling expenses in the transaction of public business within the state, such person shall be paid a per diem allowance not exceeding eight dollars ($8) for any one calendar day and for any period of less than a full calendar day such person shall receive a subsistence allowance of one dollar and twenty-five cents ($1.25) for each full six-hour period such person is on travel status, and in addition shall receive a lodging allowance of three dollars ($3) for each night his duties require him to remain in travel status, and also an allowance for transportation, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or stage schedule or for other reasons, travel by public conveyance is impractical, or in case where a part of the route traveled is not covered by public conveyance, the board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed seven and one-half cents per mile so traveled.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
κ1951 Statutes of Nevada, Page 73κ
Senate Bill No. 54Committee on Public Morals
CHAPTER 69
AN ACT to amend an act entitled An act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto, approved March 19, 1931, as amended.
[Approved March 8, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10c of the above-entitled act, being section 3302.19, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 10c. Before July 10, 1945, and before the 10th day of the first month in each succeeding quarter-year, every person, firm, association, or corporation required by this act to procure a state gambling license shall make application to the Nevada tax commission therefor and pay the amount therefor prescribed in this act. The application shall be made on or according to forms prepared by the Nevada tax commission and shall include the name of the proposed licensee, the location of his place or places of business; the gambling game or games to be operated; the names of all persons directly or indirectly interested in the business and the nature of such interest; a sufficient description of all gambling licenses other than state gambling licenses issued in any county and counties in Nevada to the applicant for the then current quarter-year; a statement of gross revenue of the applicant from the business proposed to be licensed, and such other information and details as the Nevada tax commission may require in order to properly discharge its duty. If the applicant has not operated the business for the full period of the quarter-year preceding the application, or if for any reason a record of the past cannot be obtained, the commission may issue a provisional license for the current quarter on an estimate of the license fee due and take a sufficient bond or undertaking in a penal sum not exceeding twenty-five thousand dollars ($25,000) conditioned on the payment in arrears at the end of the first full quarter of operation of the charge due on the basis of the gross revenue for such full quarter, and any partial quarter preceding such full quarter.
In the case of any operation determined by the Nevada tax commission to be on a seasonal basis, the tax commission may issue a provisional license upon execution of a sufficient penal bond or undertaking as hereinbefore provided, conditioned upon the payment for such provisional license fees in arrears based upon the gross revenue of the applicant for each quarter or partial quarter operated during such seasonal period.
Sec. 2. This act shall be effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 74κ
Assembly Bill No. 31Mr. Capurro
CHAPTER 70
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada; defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties, and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 8, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being 1929 N. C. L., 1941 Supp., section 3656.05, is hereby amended to read as follows:
Section 6. (1) All companies now or hereafter authorized to transact business in this state shall be classified according to their functions into three (3) classes corresponding to the classes of insurance enumerated in section 5.
(2) No company authorized or seeking to be authorized to transact life insurance shall be authorized to transact any kind or kinds of business other than those enumerated in its respective class, except as otherwise specifically provided in this act; provided, that any foreign insurance company which has been licensed to do the business of life insurance in this state prior to the effective date of this act may continue to be licensed, in the discretion of the commissioner, to do the kind or kinds of insurance business which it was authorized to do immediately prior to the taking effect of this act.
A company not authorized nor seeking to be authorized to transact life insurance may be authorized to transact any or all of the kinds of business enumerated under classes 2 and 3 of section 5 of this act.
(3) All insurance in this state is governed by the provisions of this act.
________
κ1951 Statutes of Nevada, Page 75κ
Senate Bill No. 47Committee on Taxation
CHAPTER 71
AN ACT to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada; to control, license and regulate the importation and sale of wines, beers and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers and wholesalers licenses; to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same, the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters relating thereto; imposing an excise tax upon the privilege of importing, possessing, storing, or selling liquor; providing for the collection of the same; defining the word liquor and other terms in this act; to provide penalties for the violation thereof; and to repeal all acts and parts of acts in conflict herewith, approved March 30, 1935, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 21 of the above-entitled act, being section 3690.21, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 21. All revenues required to be paid to the state under this act shall be paid to the Nevada tax commission in the form of remittances payable to the Nevada tax commission of the State of Nevada. The tax commission shall transmit the payment to the state treasurer to be deposited in the state treasury to the credit of the liquor tax fund. The money in the liquor tax fund shall, upon order of the controller, be drawn therefrom for refunds under this act, and all money in the fund shall be transferred to the general fund of the state on or before the last day of the month following each quarterly period of three months. Funds for the administration of the provisions of this act shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
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 immediately upon passage and approval.
________
κ1951 Statutes of Nevada, Page 76κ
Assembly Bill No. 75Mr. Humphrey
CHAPTER 72
AN ACT to amend an act entitled An act establishing a system of retirement and of benefits at retirement or death for certain officers and employees of the state and its political subdivisions; creating the public employees retirement fund and board, and giving certain powers unto said board; providing and establishing the necessary funds and accounts; providing for the integration of other similar systems within this system; providing for the cost of the system; appropriating money therefor; providing for the superseding and repeal of acts or parts of acts in conflict herewith, and providing a savings clause, and matters properly connected therewith, approved March 27, 1947, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 14 of the above-entitled act, being chapter 181, page 623, Statutes of 1947, is hereby amended to read as follows:
Section 14. The objective of this act shall be to provide each employee who is a member of the system a disability retirement allowance of the amount hereinafter provided for and a total service retirement allowance of one-half his average salary during his last five years of service for police officers and firemen with twenty or more continuous years of credit in the system and who have reached the age of 55 years, and for other employees with 20 or more continuous years of credit in the system and who have reached the age of 60 years. Notwithstanding the foregoing provision, the monthly retirement allowance shall not exceed two hundred dollars ($200); provided, that the minimum monthly service retirement allowance will be seventy-five dollars ($75) for persons who retire with 20 years or more service. Notwithstanding the foregoing the minimum monthly retirement allowance shall not exceed 80 percent of the average salary received for the five highest salaried consecutive years in the last ten years.
Each employee who is a member of the system shall contribute 5 percent of the gross compensation earned by him after July 1, 1948, as a member of the system; provided, that no employee shall be required to contribute on any amount in excess of four hundred dollars ($400) per month. From each pay roll during the period of his membership the employer shall deduct the amount of the members contributions and transmit the deduction to the retirement board at intervals designated by the board. No portion of the contribution referred to above shall be used for administrative expenses.
Sec. 2. Section 19 of the above-entitled act, being chapter 181, page 623, Statutes of 1947, is hereby amended to read as follows:
Section 19. Upon retirement from the service of the state or one of its political subdivisions after twenty or more years of continuous service at retirement age, a member of the retirement system will receive a monthly service retirement allowance which will be 50 percent of the average monthly salary during the last five years of public employment payable during his lifetime.
κ1951 Statutes of Nevada, Page 77 (CHAPTER 72, AB 75)κ
employment payable during his lifetime. If the total years of service at retirement is ten years or more, but is less than twenty, the retirement allowance shall be prorated on the basis of twenty years. In order to be eligible for the above, a police officer or fireman must have attained the age 55 and every other member the age of 60. Notwithstanding the foregoing provision, the monthly retirement allowance shall not exceed two hundred dollars ($200); provided, that the minimum monthly service retirement allowance will be seventy-five dollars ($75) for persons who retire with 20 years or more service. Notwithstanding the foregoing the minimum monthly retirement allowance shall not exceed 80 percent of the average salary received for the five highest salaried consecutive years in the last ten years.
Sec. 3. This act shall become effective immediately upon its passage and approval.
________
Assembly Bill No. 77Mr. Englestead
CHAPTER 73
AN ACT to amend an act entitled An act providing for semimonthly pay days for state officers and employees, approved March 31, 1941, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act shall be amended to read as follows: An Act providing for semimonthly pay days for state and county officers and employees.
Sec. 2. Section 1 of the above-entitled act, being section 7576, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. Notwithstanding any present law of this state to the contrary, all state and county officers and regular and temporary employees of this state and its counties, except as elsewhere provided in this section, shall be paid their salaries as fixed by law in two equal semimonthly payments, the first of which semimonthly payment for each month shall be the first half of that particular month, and the second of which shall be for the last half of said month; provided, however, that the first half of said monthly salary shall not be paid before the fifteenth day of that month and the second half thereof before the last day of that month; provided further, that state agencies or departments may be permitted to pay salaries, within the limits fixed by law, at regular two week intervals when it shall be established to the satisfaction of the governor that such a method of payment will expedite and assist the work of the agency or department without inconvenience to other agencies or departments.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 78κ
Assembly Bill No. 181Elko County Delegation
CHAPTER 74
AN ACT to amend an act entitled An act to incorporate the town of Wells, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 24, 1927, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of chapter II of the above-entitled act, being chapter 104, Statutes of 1927, as amended, is hereby amended to read as follows:
Section 3. Officers, Election of-Election, When and How Held-Councilmen. The councilmen-elect having received the largest number of votes cast in the May 1927, election, shall hold office for the period of four years. On the first Tuesday after the first Monday in May, 1929, and at each successive interval of two years thereafter, there shall be elected at large by the qualified resident voters of the city of Wells, at a general election to be held for that purpose, a mayor and two councilmen. At such general elections, the councilman receiving the highest number of votes shall hold office for four years and the other councilman-elect shall hold office for two years. The mayor shall hold office for a period of four years, effective June 1, 1951. The mayor and councilmen shall hold office for their respective terms and until their successors shall be elected and qualified. The board of councilmen of said city shall order the general election and shall determine the place in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and any special city election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of said city election, then the board of councilmen of said city of Wells shall have the power to provide for such deficiency.
Registration for such elections and for any special city elections shall be had in the manner provided in the general election law, entitled, An act regulating the registration of electors for general, special and primary elections, approved March 27, 1917; provided, however, that if any publication provided in the general registration law be required to be made by the county clerk, such publication, if made by the city clerk, shall be deemed sufficient; and provided further that any publication required by the general election or registration laws may be made in one newspaper of general circulation in said city of Wells; and provided further that in all elections in said city it shall be sufficient that registration before the justice of the peace of Wells township, as deputy registrar for the said city of Wells, be open for a period of thirty days prior to the close of registration, which close of registration shall, as provided in said general registration law, be twenty days prior to any election; and provided further that the publication of notice of close of registration need be but once a week on each day of weekly publication of a weekly newspaper within said thirty day period for registration; and provided further that the posting of notice of close of registration need be made in only one conspicuous place in said city of Wells, which shall be a the United States post office in said city, or at the office of the city clerk; and provided further that all provisions either of this charter or of the general registration or election laws, shall be liberally construed so that the real will of the electors shall not be defeated by any informality or failure to comply with all provisions of law in respect either to the giving of notice or the conducting of any regular or special election, or canvassing the vote or certifying the result thereof.
κ1951 Statutes of Nevada, Page 79 (CHAPTER 74, AB 181)κ
of Wells, be open for a period of thirty days prior to the close of registration, which close of registration shall, as provided in said general registration law, be twenty days prior to any election; and provided further that the publication of notice of close of registration need be but once a week on each day of weekly publication of a weekly newspaper within said thirty day period for registration; and provided further that the posting of notice of close of registration need be made in only one conspicuous place in said city of Wells, which shall be a the United States post office in said city, or at the office of the city clerk; and provided further that all provisions either of this charter or of the general registration or election laws, shall be liberally construed so that the real will of the electors shall not be defeated by any informality or failure to comply with all provisions of law in respect either to the giving of notice or the conducting of any regular or special election, or canvassing the vote or certifying the result thereof.
The qualifications of the officers of election shall be deemed sufficient, whether their appointment be made by the board of county commissioners of the county of Elko, or by the board of councilmen of the city of Wells. Ballots need not be in any particular form, or of any particular paper, or of any particular size; provided only that the same clearly indicate the candidates to be voted for and the questions or propositions to be voted for or against.
Nominations for general city elections shall be made by filing in the office of the city clerk a petition signed by at least ten percent of the qualified resident electors of the city of Wells, as shown by the registration list thereof at the last general or city election, which petition shall be filed at least ten days before the date of such election and shall show that the nominee therein possesses the qualifications as required by said city charter for the office for which he is nominated. Every person desiring to become a candidate and who shall have filed his petition as herein set forth, shall be entitled to have his name placed upon the official ballot as in this act provided.
Sec. 2. Section 5 of chapter II of the above-entitled act, being chapter 104, Statutes of 1927, as amended, is hereby amended to read as follows:
Section 5. Officers, Appointive and Ex Officio-Enumeration of-Compensation. The county assessor of the county of Elko shall be ex officio assessor of the city of Wells; the justice of the peace of Wells township, county of Elko, shall be ex officio police judge and preside over the municipal court of the city of Wells; the city clerk shall be ex officio license collector of the city of Wells; the constable of Wells township, county of Elko, shall be ex officio city marshal of the city of Wells. The assessor of the county of Elko and ex officio city assessor of the city of Wells shall perform the duties of his office under the said city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of councilmen, upon the request of the city assessor, may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit.
κ1951 Statutes of Nevada, Page 80 (CHAPTER 74, AB 181)κ
necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit. The assessor of the county of Elko, the justice of the peace and the constable of Wells township, county of Elko, shall be liable on their official bonds for the faithful discharge of their duties imposed on them by this act. The board of councilmen may fix, allow and pay a salary or fees to the ex officio judge and the ex officio city marshal, but not in excess of $50 each calendar month. The board of councilmen shall appoint a city clerk. Said city clerk shall be ex officio city treasurer, the salary of the combined offices to be fixed, allowed, and paid by said board. The board of councilmen shall appoint a city engineer with salary to be fixed, allowed, and paid by said board. The board may also in its discretion appoint or employ a city attorney and a city auditor from time to time and compensate them for such legal advice and services as they may deem necessary. The board of councilmen may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof, provided, such action shall be agreeable to the whole board of councilmen. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the board of councilmen out of such city funds as the board may designate. Any one or more of such appointive offices, may, in the discretion of the board of councilmen, be combined and the duties thereof discharged by one person. City employees with one (1) year service shall be allowed annually, two (2) weeks leave of absence with pay. Relief employees shall be paid at the pro rata basis of the employee relieved. The city council shall appoint a night marshal with a salary to be fixed, allowed and paid by said board.
Sec. 3. Section 42 of chapter II of the above-entitled act, being chapter 104, Statutes of 1927, as amended, is hereby amended to read as follows:
Section 42. Statement of Finances. The city clerk shall prepare on or before the first Monday in March of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and disbursements for the previous year, ending December 31, showing:
1. The total receipts of the city, stating particularly the source of each portion of the revenue.
2. The amount of cash on hand at the date of the last report.
3. The amount of sinking fund and how invested.
4. The number, date and amount of every bond issued, or redeemed, and the amount received or paid therefor.
5. The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
6. Each warrant issued, to whom and on what account.
7. The amount of cash in the city treasury and in its several funds. He shall publish on or before the first Monday in March of each year, in some newspaper having a general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to the public inspection at all times.
κ1951 Statutes of Nevada, Page 81 (CHAPTER 74, AB 181)κ
that such a detailed statement has been prepared, is on file in his office, and open to the public inspection at all times.
8. The board of councilmen shall cause an audit of the city books and accounts to be performed and rendered annually as of May 30 of each year for preceding twelve (12) months period and commencing May 30, 1951. Said board may, in its discretion, require audits of the city books and accounts at any time. Said audits shall be made by a certified public accountant to be appointed for each audit by the board of councilmen. Said certified public accountant shall be the auditor of the city of the period of his employment.
Sec. 4. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 65Senator Reid
CHAPTER 75
AN ACT authorizing the board of county commissioners of Storey County to sell or lease for a term not to exceed twenty years the county hospital property; permitting any member of said board to vote on any agreement or indenture for the sale or lease of said property; and other matters properly relating thereto.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Irrespective of any other provision of law, the board of county commissioners of Storey County, Nevada, is hereby authorized to lease county hospital property for a term or terms not exceeding twenty (20) years; provided, that, before entering into any agreement for the lease of said property as heretofore set forth, the board of county commissioners shall publish notice of its intention so to do in the official newspaper of said county at least once a week for a period of thirty (30) days; said notice shall specify a regular meeting to be held after completion of such publication, at which meeting any person may appear, and no such lease shall be entered into by said board until the publication and meeting heretofore provided for shall be had.
Sec. 2. The board of county commissioners of Storey County, Nevada, is hereby authorized to enter into a contract of sale for the county hospital property with any suitable person; provided, however, that the contract of sale shall prohibit the tearing down or demolition of any buildings on said property, and in the event of sale such buildings shall not be torn down or demolished. Said contract of sale may provide, among other things, for deferred payments of the purchase price over a period not exceeding ten (10) years, or said contract of sale may provide for payment of the purchase price by the purchaser by promissory note for a period not exceeding ten (10) years, secured by a mortgage or deed of trust of said property.
κ1951 Statutes of Nevada, Page 82 (CHAPTER 75, SB 65)κ
Before any contract of sale be entered into under the provisions of this section, the board of county commissioners shall publish notice of its intention so to do in the official newspaper of the county for at least once a week for a period of thirty (30) days. Said notice shall specify a regular meeting of said board to be held after completion of such publication, at which meeting any interested person may appear, and no such contract of sale shall be entered into by such board until such publication and meeting shall be had.
Sec. 3. Any member of the board of county commissioners of Storey County, Nevada, may vote on any lease or contract of sale entered into under the provisions of this act, notwithstanding the fact that the term of said lease or contract of sale may extend beyond his or her term of office.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed insofar as the same apply to or interfere with the provisions of this act, and not in any other particular.
Sec. 5. This act shall be in full force and effect after its passage and approval.
________
Assembly Bill No. 21Miss Frazier
CHAPTER 76
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 120 of the above-entitled act, being section 6084.130, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 120. District High School Defined. A district high school within the meaning of this chapter shall be a school in which subjects above the eighth (8th) grade are taught; provided, that no high school may offer courses normally accredited as being beyond the level of 12th grade, without authority from the state board of education; provided further, that no such courses shall be started with less than fifteen pupils nor continued with less than an average daily attendance of ten pupils; and further provided that no such courses be given unless fees, for services rendered, equal to those charged at the university of Nevada, for both resident and nonresident students, are paid by the students to the board of education offering said courses. A district high school differs from a regular county high school only in extent of territory, in plan of organization, and in means of support, and, as used in this chapter, shall be deemed to mean a high school established in a county which has a duly established county high school or county high schools.
κ1951 Statutes of Nevada, Page 83 (CHAPTER 76, AB 21)κ
Sec. 2. Section 128 of the above-entitled act, being section 6084.138, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 128. District High School Defined. A district high school within the meaning of this chapter shall be a school in which subjects above the eighth grade are taught; provided, that no high school may offer courses normally accredited as being beyond the level of 12th grade, without authority from the state board of education; provided further, that no such courses shall be started with less than fifteen pupils nor continued with less than an average daily attendance of ten pupils; and further provided that no such courses be given unless fees, for services rendered, equal to those charged at the university of Nevada, for both resident and nonresident students, are paid by the students to the board of education offering said courses. A district high school differs from a regular county high school only in extent of territory, in plan of organization, and in means of support, and as used in this chapter shall be deemed to mean a high school established in a county which has no duly established county high school or county high schools.
Sec. 3. Section 147 of the above-entitled act, being section 6084.157, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 147. Pupils Eligible to Enter High School. All county high schools shall be open for the admission of graduates holding diplomas from the eighth (8th) grade of the elementary schools of the state and to such other pupils as may in the discretion of the state board of education, be prepared to pursue with profit subjects of high school grade; provided, that no county high school may offer courses normally accredited as being beyond the level of 12th grade, without authority from the state board of education; provided further, that no such courses shall be started with less than fifteen pupils nor continued with less than an average daily attendance of ten pupils; and further provided that no such courses be given unless fees, for services rendered, equal to those charged at the university of Nevada, for both resident and nonresident students, are paid by the students to the board of education offering said courses. Nothing in this section shall be construed so as to compel a high school district to accept pupils from territory lying outside the boundaries of the county in which such high school is located without legal compensation, nor where accommodations for such pupils are not available. If the pupils are from territory lying outside the county in which the high school is situated, the average per capita cost of pupils in the county in which such high school is situated shall be deemed a legal compensation.
________
κ1951 Statutes of Nevada, Page 84κ
Assembly Bill No. 22Miss Frazier
CHAPTER 77
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 15 of the above-entitled act, being section 6084.25, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 15. Powers and Duties of Board. The powers and duties of the state board of education shall be as follows:
1. To adopt rules and regulations not inconsistent with the constitution and laws of the State of Nevada for its own government and which are proper or necessary for the execution of the powers and duties conferred upon it by law; provided, that any change made by the state board of education, by which the scholarship, training or experience of any teacher which is required for any certificate or diploma is increased, shall be announced when made, and shall not be effective before three (3) months from the date when such change is announced; and provided further, that such change or changes, when made, shall not affect certificates or diplomas then in force.
2. To prescribe and cause to be enforced the courses of study for the public schools of this state; provided, that high schools and schools of the first class may have modified courses of study, subject to the approval of the state board of education; and provided further, that any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have such courses approved by the state board of education.
3. To adopt lists of books for district libraries; provided, that boards of trustees in districts of the first class may make additional adoptions; and provided further, that such books shall not contain or include any story in prose or poetry whose tendency would be to influence the minds of children in the formation of ideals not in harmony with truth and morality or our American way of life or not in harmony with the constitution and laws of the United States of America or of the State of Nevada.
4. To revoke or suspend any state diploma or any state certificate of any teacher after notice and opportunity for hearing before said board, for immoral or unprofessional conduct, evident unfitness for teaching, or persistent defiance of or refusal to obey the laws of the state, or the rules and regulations of said state board of education, or of the state superintendent of public instruction, defining and governing the duties of teachers.
5. To have the state printer in the state printing office do any printing required by the state board of education such as this school code, state courses of study, the proceedings of teachers institutes, blank forms, and such other matter as the state board of education may require; provided, that this does not include textbooks.
κ1951 Statutes of Nevada, Page 85 (CHAPTER 77, AB 22)κ
state courses of study, the proceedings of teachers institutes, blank forms, and such other matter as the state board of education may require; provided, that this does not include textbooks.
6. To adopt an official seal and to use it in authentication of its acts.
7. To keep a record of its proceedings in the form of minutes of its meetings.
8. To publish as the official organ of the department of education, a bulletin, which bulletin shall be printed in the state printing office.
9. The state board of education shall prescribe rules and regulations for the issuance and renewal of elementary, junior high school, high school, and special certificates and for diplomas, and shall prescribe rules and regulations for and authorize the holding of state teacher examinations in Nevada school law, the constitution of the State of Nevada and the constitution of the United States.
________
Assembly Bill No. 64Miss Frazier
CHAPTER 78
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 274 of the above-entitled act, being section 6084.284, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 274. Boards of trustees of school districts in this state shall have the following powers and duties:
1. To buy or sell any schoolhouse or schoolhouse site directed to be bought or sold by a vote of the registered electors of the school district; provided, that in school districts in which there shall be fewer than ten (10) families with resident children of school age, no schoolhouse or schoolhouse site shall be sold without the approval of the superintendent of public instruction or the deputy superintendent of public instruction of that educational supervision district;
2. To build, purchase, or rent schoolhouses when directed to do so by a vote of the registered electors, and to equip and supply the same with all things necessary for the successful operation of the schools of the district. The board of trustees, without such vote, shall make necessary repairs in any school buildings when the expense of such repairs will not exceed five hundred ($500) dollars; provided, that in districts of the first class the board of trustees may make all necessary repairs without a vote of the electors. No public schoolhouse shall be erected in any school district until the plan of the same has been submitted to and approved by the deputy superintendent of public instruction.
κ1951 Statutes of Nevada, Page 86 (CHAPTER 78, AB 64)κ
public instruction. The county auditor shall draw no warrant in payment of any bill for the erection of such new schoolhouse until notified by the deputy superintendent of public instruction that the plans for the said new schoolhouse have received his approval; notwithstanding the foregoing provisions of this paragraph, bids must be advertised for all contracts over five hundred dollars ($500) as provided in section 286 of this school code;
3. To change the location of schools or schoolhouse sites; provided, that in districts in which there shall be fewer than ten (10) families with one (1) or more resident children of school age, no school or schoolhouse site shall be changed without the approval of the deputy superintendent of public instruction;
4. To call meetings of the registered electors of the school district in order to secure by vote the authority to procure or sell schoolhouse sites, or to erect, purchase, sell, hire, or rent schoolhouses for the use of the district. Whenever the trustees shall decide to hold such meeting, they shall give at least ten (10) days notice by posting at least three (3) notices of such meeting in three (3) conspicuous places within the district. One (1) of such notices shall be posted on the school grounds. The notices shall contain the time, place, and purpose of the meeting. The president of the board shall call such meeting to order and shall preside over the deliberations of the same. The clerk of the board shall keep a record of the proceedings of such meeting in a book kept especially for that purpose. In case of absence of either the president or the clerk of the board at such meeting, the registered electors assembled shall proceed to elect a president pro tem or a temporary clerk, as the case may be. All questions placed before the meeting shall be determined by ballot or by taking the ayes and noes as the meeting shall decide;
5. To manage and control the school property within their districts; and to pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury at the end of each month, to be placed to the credit of their district;
6. To cause to be erected at least two (2) suitable convenient privies for each of the schools under their charge, which shall be entirely separate each from the other, and have separate means of access and approach thereto. In case of failure or neglect on the part of the trustees to provide privies in accordance with the provisions of this section, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such privies to be built, and to pay for the same by drawing his order on the county auditor on the funds of the district, and the auditor shall draw his warrant upon the county treasurer in payment of the same.
7. To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of education, for their own government and government of schools under their charge, and to transact their business at regular or special meetings, called for such purpose, notice of which shall be given each member;
8. To keep the public school buildings in their charge in such repair as is necessary for the comfort and health of pupils and teachers, and in case of neglect to do so, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such needed repairs to be made, and to pay for the same by drawing his order upon the county auditor on the funds of the district, and the auditor shall draw a warrant upon the county treasurer in payment of the same; provided, that the cost of such repair shall not exceed one hundred dollars ($100).
κ1951 Statutes of Nevada, Page 87 (CHAPTER 78, AB 64)κ
as is necessary for the comfort and health of pupils and teachers, and in case of neglect to do so, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such needed repairs to be made, and to pay for the same by drawing his order upon the county auditor on the funds of the district, and the auditor shall draw a warrant upon the county treasurer in payment of the same; provided, that the cost of such repair shall not exceed one hundred dollars ($100).
9. To have the custody and safekeeping of the district schoolhouses, their sites and appurtenances;
10. To insure the schoolhouses, furniture and school apparatus in some company authorized by law to transact business in the State of Nevada, and to comply with the conditions of the policy;
11. To employ legally qualified teachers, to determine the salary to be paid and the length of the term of school for which teachers shall be employed, embodying these conditions in a written contract to be signed by the president and the clerk of the board or by a majority of the trustees and the teacher, and a copy of the said contract properly written shall be delivered to each teacher not later than the opening of the term of school; provided, that the trustees shall not have the right to employ teachers for any school year commencing after the time for which any member of the board of trustees was elected or appointed. The salaries of teachers shall be determined by the character of the service required, and in no district shall there be any discrimination in the matter of salary as against female teachers; provided, that it shall be unlawful for the board of trustees of any school district to employ any teacher not legally qualified to teach all the grades of the school for which such teacher is engaged to teach or to pay teachers salaries in advance of the time when earned; and provided further, that notice of reemployment of teachers must be given in accordance with the provisions of section 319 of this school code.
12. To pay toward the salaries of legally qualified teachers the public moneys apportioned to districts for such purpose, by giving them orders therefor on the county auditor; provided, that boards of school trustees are hereby authorized to deduct from teachers salaries, upon written request of such teachers, moneys for the payment of group, health, or other group insurance of any kind.
13. The governing body of any high or elementary school district may, with the approval of the deputy superintendent of public instruction in the supervision district in which said high or elementary school district is located, admit to the school or schools of the district pupil or pupils living in an adjoining state or district which is contiguous to the school district, or it may pay tuition for pupils residing in the district but who attend school in an adjoining state or district which is contiguous to said high or elementary school district. An agreement shall be entered into between the governing board of the district in which the pupil or pupils reside and the governing board of the district in which the said pupil or pupils attend school providing for the payment of such tuition as may be agreed upon; provided that the amount of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil in the school which such pupil or pupils attend school and it is further provided, that transportation costs, if any, shall be paid by the governing board of the district in which said pupil or pupils reside.
κ1951 Statutes of Nevada, Page 88 (CHAPTER 78, AB 64)κ
of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil in the school which such pupil or pupils attend school and it is further provided, that transportation costs, if any, shall be paid by the governing board of the district in which said pupil or pupils reside.
Sec. 2. This act shall take effect immediately after its passage and approval.
________
Senate Bill No. 64Committee on Interstate Cooperation
CHAPTER 79
AN ACT providing for the joint exercise of powers by public agencies within or without the state, providing for the making, continuation, and termination of agreements, and other matters relating thereto.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, the words public agency includes the federal government or any federal department or agency, the state or any state department or agency, a county, a city, a public corporation, or a public district.
Sec. 2. If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, even though one or more of the contracting agencies may be located outside this state.
Sec. 3. The agreement shall state the purpose of the agreement or the power to be exercised. It shall provide for the method by which the purpose will be accomplished or the manner in which the power will be exercised.
Sec. 4. The parties to the agreement may provide that (a) contributions from the treasuries may be made for the purpose set forth in the agreement, or (b) payments of public funds may be made to defray the cost of such purpose. The funds may be paid to and disbursed by the agency agreed upon.
Sec. 5. The agreements shall provide for strict accountability of all funds and for reports of all receipts and disbursements.
Sec. 6. The agency provided by an agreement to administer or execute the agreement, may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement.
Sec. 7. For the purposes of this act, the agency is an entity separate from the parties to the agreement.
Sec. 8. The agencies shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement. Such power is subject to the restrictions upon the manner of exercising the power of one of the contracting parties, which party shall be designated by the agreement.
Sec. 9. The agreement may be continued for a definite term, or until rescinded or terminated.
κ1951 Statutes of Nevada, Page 89 (CHAPTER 79, SB 64)κ
until rescinded or terminated. The agreement may provide for the method by which it may be rescinded or terminated by any party.
Sec. 10. The agreement shall provide for the disposition, division, or distribution of any property acquired as the result of the joint exercise of powers.
Sec. 11. The agreement shall provide that, after the completion of its purpose, any surplus money on hand shall be returned in proportion to the contributions made.
Sec. 12. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmens compensation, and other benefits which apply to the activity of officers, agents, or employees of any such public agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this act.
Sec. 13. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 14. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 106Messrs. Whitacre and Rowntree
CHAPTER 80
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 131 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 131. In any county in which no county high school is located, the county commissioners, at the time of making the annual levy for said county, if petitioned by the board of trustees of the district high school in any county having but one (1) duly organized high school, or the several boards of trustees of the district high schools in counties having more than one (1) such high school, shall levy a county tax for high school purposes of not less than twenty (20’) cents, or such part thereof as is shown in said petition to be necessary, on the hundred ($100) dollars of assessed valuation of the county for the benefit of any district high school or schools that comply with the following conditions:
1. That the said district high school is already established and is complying with the legal requirements of the state for such high school.
2. That the board of school trustees of each district interested shall have submitted to the board of county commissioners at the time the annual school budget is filed with said commissioners, a resolution regularly adopted by said board of trustees, opening their high school to all properly qualified students of the county.
κ1951 Statutes of Nevada, Page 90 (CHAPTER 80, AB 106)κ
have submitted to the board of county commissioners at the time the annual school budget is filed with said commissioners, a resolution regularly adopted by said board of trustees, opening their high school to all properly qualified students of the county.
3. That the board of school trustees of the district or districts having high schools as described in paragraph 1 of this section shall each have levied a special district tax of not less than twenty-five (25’) cents on the hundred dollars ($100) of assessed valuation of all taxable property within the district for school purposes.
4. That, in the case of a newly organized district high school there shall be at least ten (10) actual resident students of high school grade needing or desiring high school training and intending to attend such district high school when established, or, in the case of a district high school already established and in operation, the deputy superintendent of public instruction shall certify to the board of county commissioners that the prospects are that there will be at least five (5) actual resident students of high school grade in attendance at said district high school for the ensuing school year; provided, however, that from and after July 1, 1953, no district high school shall be permitted to continue operation unless there will be at least eight (8) actual resident students for high school grade in attendance at said district high school for the then ensuing school year.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 184Elko County Delegation
CHAPTER 81
AN ACT to amend an act entitled An act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of article II of the above-entitled act, being chapter 205, Statutes of 1945, is hereby amended to read as follows:
Section 9. Mayor and Supervisors, Salary of. The mayor and each of the supervisors of said city shall receive as remuneration for services as such the sum of $900 per annum, payable in equal monthly installments.
________
κ1951 Statutes of Nevada, Page 91κ
Assembly Bill No. 135Messrs. Hawes, Barr, Hawkins, and Mrs. Olson
CHAPTER 82
AN ACT to repeal an act entitled An act making the county treasurer of White Pine County ex officio city treasurer of the city of Ely; providing for his compensation, and other matters relating thereto; and repealing all acts or parts of acts in conflict herewith, approved March 10, 1909.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act making the county treasurer of White Pine County ex officio city treasurer of the city of Ely; providing for his compensation, and other matters relating thereto; and repealing all acts and parts of acts in conflict herewith, being chapter LXXXIV, Statutes of Nevada 1909, is hereby repealed.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 61Messrs. Humphrey, Blum, Francovich, Capurro, Carville, and Fairchild
CHAPTER 83
AN ACT to amend an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matter relating thereto, approved March 16, 1903, as amended.
[Approved March 12, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of article II of the above-entitled act, being found on page 400 of Statutes of 1945, is hereby amended to read as follows:
Section 1. The officers of the city shall be: mayor; six members of the city council; city manager; city attorney; city clerk; judge of the municipal court; city auditor, the auditor of Washoe County being ex officio auditor; city treasurer and tax receiver, the treasurer of Washoe County being ex officio city treasurer and tax receiver; city assessor, the assessor of Washoe County being ex officio city assessor; city engineer; chief of police; chief of fire department; board of health, consisting of not less than three nor more than five persons.
Sec. 2. Section 2 of article III of said act, being found on page 96 of Statutes of 1941, is hereby amended to read as follows:
Section 2. The mayor shall see that all contracts are faithfully kept and fully performed, and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended.
κ1951 Statutes of Nevada, Page 92 (CHAPTER 83, AB 61)κ
Sec. 3. Section 3 of article III of said act, being found on page 424, Statutes of 1937, is hereby amended to read as follows:
Section 3. The mayor shall preside over the city council when in session and shall preserve order and decorum among the members and enforce the rules of the city council, and determine the order of business, subject to such rules. He shall not be entitled to a vote except on the appointment or discharge of the city manager or in case of a tie, when he shall have a casting vote, and he shall have such casting vote in case of a tie upon a suspension or an appointment made by himself. The mayor may exercise the right of veto upon any matter passed by the city council, except that the mayor shall not have the right to veto the confirmation or rejection by the city council of any appointment or suspension of any appointive officer. It shall require a five-sixths vote of all the members elected to the city council to pass any matter receiving the mayors veto. No resolution or contract requiring the payment of money, or any ordinance, shall go into force or have any effect until approved by the mayor, provided, if the mayor does not approve such resolution, contract, or ordinance so submitted, he must, within five days from the receipt thereof, return the same to the city clerk, with his reasons in writing for not approving it, and if the mayor does not so return it, such resolution or contract shall thereupon go into effect and such ordinance become a law in like manner and with the same effect as if the same had been approved by the mayor.
Sec. 4. Section 4 of article III of said act, being found on page 425, Statutes of 1937, is hereby amended to read as follows:
Section 4. A mayor pro tempore shall be elected by the city council from among its members, as soon after its organization as practicable, and in case of the absence of the mayor or his inability to act for any period exceeding thirty days, or in case of a vacancy in the mayors office, the salary provided for the mayor shall be apportioned to the mayor pro tempore for such period, in lieu of the salary allowed the mayor pro tempore for such period as city councilman; provided, that the restriction upon the right of the mayor to vote shall not apply to the mayor pro tempore while acting as mayor. He shall in addition possess the mayors right to a casting vote in case of a tie and the mayors power of veto. In the case of the absence or inability to act from any cause of the mayor and mayor pro tempore at any meeting of the city council, a chairman shall be selected from among the city councilmen, who shall preside over the city council, and who shall be clothed with the full powers and authority of the mayor or mayor pro tempore in respect to the transaction if all city business during such absence or inability to act as aforesaid.
Sec. 5. Section 1 of article III-A of said act, being found on page 401, Statutes of 1945, is hereby amended to read as follows:
Section 1. There shall be a city manager of the city of Reno, who shall be the chief administrative officer of the city. He shall be appointed by the city council and the mayor, who shall have a casting vote but no power of veto; a majority of the seven eligible votes shall be required either to appoint or discharge the city manager.
κ1951 Statutes of Nevada, Page 93 (CHAPTER 83, AB 61)κ
be required either to appoint or discharge the city manager. The city manager shall hold office at the pleasure of the mayor and council, provided that the city manager shall not be removed from office until after he shall have been granted a public hearing on reasonable notice. During his tenure of office the city manager shall reside in the city of Reno. Whenever the office of city manager shall become vacant all authority and duties vested in and imposed on the city manager shall devolve upon the mayor. The office of city manager shall not remain vacant for a period of more than six months. The city manager shall receive a salary of not less than $5,000 nor more than $9,000 per annum, which salary shall be fixed by the city council by formal resolution or ordinance from time to time. Before entering upon his duties the city manager shall take the official oath of office and shall execute a bond in favor of the city for the faithful performance of his duties in such sum and in such form as shall be fixed by the council.
Sec. 6. Section 2 of article III-A of said act, being found on page 401, Statutes of 1945, is hereby amended to read as follows:
Section 2. The city manager shall be responsible to the mayor and council for the proper and efficient conduct of the affairs of the city. Subject to the provisions of article XX of this charter, he shall have the power to appoint and remove all appointive officers and employees of the city whose appointment is not otherwise specifically provided for in this charter.
Sec. 7. Section 3 of article III-A of said act, being found on page 401, Statutes of 1945, is hereby amended to read as follows:
Section 3. The city manager shall require all ordinances of and all laws applicable to the city to be faithfully enforced and executed. He shall prepare and submit to the mayor and council a tentative budget for each ensuing fiscal year. He shall discharge such other duties as the council shall direct by motion, resolution or ordinance.
Sec. 8. Section 4 of article III-A of said act, being found on page 401, Statutes of 1945, is hereby repealed.
Section 4.
Sec. 9. Section 3 of article IV of said act, being found on page 426, Statutes of 1937, is hereby amended to read as follows:
Section 3. In addition to the duties hereinbefore imposed the city clerk shall be the official license collector of the city and shall collect all city licenses and all other moneys making up the city revenues, except general taxes and special assessments. All licenses and permits shall be printed in triplicate and numbered serially. Every license shall bear the facsimile signature of the mayor and city auditor and shall be countersigned by the city clerk or his deputy. When the city clerk collects the required fee for any license or permit he shall deliver the original to the licensee, the duplicate to the city auditor, and retain the triplicate among his own official records. All moneys belonging to the city and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over together with all moneys in his hands, to the city treasurer. The time and manner of the collection of licenses shall be fully provided for and fixed by ordinance.
κ1951 Statutes of Nevada, Page 94 (CHAPTER 83, AB 61)κ
and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, and the city clerk shall forthwith report such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business shall be liable for and be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within thirty days after the same becomes due and payable, fifty percent of the amount of such license, which shall become a part of the license, and shall, with such license, be collected by the city clerk.
Sec. 10. Section 2 of article V of said act, being found on page 23, Statutes of 1943, is hereby amended to read:
Section 2. The city attorney shall be the legal adviser of the council and all officers of the city in all matters respecting the affairs of the city. He shall act as the attorney for the city in any and all legal proceedings in any and all courts in which the city is a party or interested, and he shall represent the chiefs of departments of the city in all proceedings before the civil service commission. He shall prosecute in the proper courts for all offenses against the provisions of this charter, the ordinances of said city, and shall perform such other and further duties as may be required of him by the council, or prescribed by ordinance. He shall be present at all meetings of the council, draw all ordinances, orders, rules, and resolutions required by the council.
Sec. 11. Section 1 of article VII of said act, being found on page 105, Statutes of 1905, is hereby amended to read as follows:
Section 1. The auditor of Washoe County shall, in addition to the duties now imposed on him by law, act as auditor of the city and shall be ex officio city auditor. He shall keep an accurate record of all licenses sold by the city clerk.
Sec. 12. Section 2 of article VII of said act, being found on page 388, Statutes of 1947, is amended to read as follows:
Section 2. The city auditor shall keep an accurate record and current account of all warrants and orders drawn upon the city treasurer. The city auditor shall draw his warrant upon the city treasurer for all claims allowed by the council, signed by the city manager, and certified by the city clerk. He shall perform such other and further duties as may be required or prescribed by ordinance of the council. He shall receive as full compensation for his services a sum of eighteen hundred dollars per annum, payable in equal monthly installments.
Sec. 13. Section 2 of article IX of said act, being found on page 24, Statutes of 1943, is amended to read as follows:
κ1951 Statutes of Nevada, Page 95 (CHAPTER 83, AB 61)κ
Section 2. The chief of police shall have command and control of the police force of the city, and shall recommend to the city manager the demotion, suspension or discharge of any police officer for cause, subject to the civil service provisions of this charter. He shall be vigilant in the detection of crimes and the speedy apprehension of all criminals and offenders, and shall diligently see that all ordinances of the city of a police nature, the general laws of the state, and the provisions of this charter are rigidly enforced and observed.
Sec. 14. Section 2 of article X of said act, being found on page 108, Statutes of 1905, is hereby amended to read as follows:
Section 2. The chief of the fire department shall have command and control of the fire department, and shall recommend to the city manager the demotion, suspension or discharge of any employee of the department for cause, subject to the civil service provisions of this charter. He shall exert himself to protect property from fire and generally to exercise the utmost vigilance for the safety of the city against conflagrations. The council shall have the power to enact ordinances authorizing the chief of the fire department to command the aid and assistance of any person or persons present at a fire, and to punish disobedience of the orders of the chief of the fire department.
Sec. 15. Section 3 of article XI of said act, being found on page 404, Statutes of 1945, is hereby amended to read as follows:
Section 3. The city engineer shall see that all laws, ordinances, rules, and regulations concerning the public streets, highways, alleys, and roads within the city are observed, and that the penalties for any breach thereof are rigidly enforced. He shall superintend and direct the sweeping, cleaning and sprinkling of the streets, the cleansing and flushing of sewers, and have general care of the streets, alleys and highways of the city and, from time to time, make such recommendations as to their betterment and improvement as he shall deem proper. It shall be his duty to enforce all rules, regulations, and ordinances pertaining to the streets, alleys, highways, roads, and sidewalks in the city, and to receive, investigate, and act on all complaints concerning the same. He shall inspect all street improvement or sidewalk improvement works carried on by the city or by individuals, and shall have power to approve, reject, change, or alter the same, and to inspect, approve, reject, or alter the material used therein or the manner of the construction thereof. He shall report to the city manager, or otherwise to the council from time to time and whenever required, and shall perform such other and further duties as may be required by the city manager or otherwise by the council or which may be prescribed by ordinance.
Sec. 16. Section 5 of article XII of said act, being found on page 39, Statutes of 1915, is hereby amended to read as follows:
Section 5. The city council shall hold its regular meetings on the second and fourth Mondays of each month and shall continue in session until the unfinished business of each regular meeting shall have been fully and finally disposed of as far as practicable. If any regular meeting of the council shall fall on a legal holiday such meeting shall be held on the next business day. Special meetings may also be held on a call of the mayor, or by a majority of all the members elected to the city council; provided, that no ordinance shall be read or passed, or any claim allowed at such special meeting, and provided, further, that no business shall be transacted at such special meeting except such as shall be stated in the call thereof.
κ1951 Statutes of Nevada, Page 96 (CHAPTER 83, AB 61)κ
held on a call of the mayor, or by a majority of all the members elected to the city council; provided, that no ordinance shall be read or passed, or any claim allowed at such special meeting, and provided, further, that no business shall be transacted at such special meeting except such as shall be stated in the call thereof.
Sec. 17. Section 9b of article XII of said act, being found on page 406, Statutes of 1945, is hereby amended to read as follows:
Section 9b. The council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein the charter of the city and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the law library of the State of Nevada, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances and charter of the city of Reno. The ordinances in such code shall be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signatures of mayor, attestations and other formal parts. Such codification shall be adopted by an ordinance and the only title necessary for such ordinance shall be An ordinance for codifying and compiling the general ordinances of the city of Reno. Such codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 18. Section 10.5 of article XII of said act, being found on page 407, Statutes of 1945, is hereby amended to read as follows:
Section 10.5. The city council shall have the power to levy and collect annually a tax upon the assessed valuation of all real and personal property within the city, which is by law taxable for state and county purposes, the estimated proceeds of which, together with the total amount of receipts and revenues estimated to be received from all sources, will be sufficient to meet all appropriations made by the annual appropriation ordinance; provided, that such levy when added to the levy of other political subdivisions levying on the same property shall not exceed the limitation on taxation as prescribed by the constitution of the State of Nevada; and provided further, that the tax rate upon the assessed valuation of all real and personal property within the city shall not exceed $1.75 per $100 valuation for all purposes; and provided further, that in preparation of the annual appropriation resolution for the city, the city council shall first make proper provision for the payment of interest on and retirement of the bonded indebtedness of the city.
Sec. 19. Article XII of said act is hereby amended by adding thereto a new section which shall be numbered and read as follows:
Section 10.11. The city council shall have the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by the council. The council shall have the power to acquire property within the city, by any lawful means except by eminent domain, for the purpose of establishing off-street public parking facilities for vehicles.
κ1951 Statutes of Nevada, Page 97 (CHAPTER 83, AB 61)κ
of establishing off-street public parking facilities for vehicles. The council may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, provided that the city council may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
Sec. 20. Section 10c, third, of article XII of said act, being found on page 440, Statutes of 1937, is hereby repealed.
Sec. 21. Section 1 of article XX of said act, being found on page 312, Statutes of 1949, is hereby amended to read as follows:
Section 1. There shall be a civil service commission of the city of Reno, Nevada. The present numbers of the civil service commission appointed pursuant to the provisions of chapter 103, Statutes of Nevada, 1947, approved March 26, 1947, shall serve until the expiration of their respective terms of office. Said civil service commission shall consist of three citizens, not more than two of whom shall at any time belong to the same political party. The term of office of each of the members of said commission shall be three years from the second Monday in July until his successor is appointed and qualified. Every person appointed a member of said commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of the state, and file the same, duly certified by the officer administering it, with the clerk of the city. No person shall be eligible for appointment as a member of such commission, and no person shall continue as a member of such commission, unless he shall be a resident and taxpayer of the city of Reno, who shall otherwise have no connection with the city government and who shall hold no elective office. Vacancies on the said civil service commission from whatever cause shall be filled by appointment by the mayor, subject to confirmation by the council. The council shall provide for such employees as shall be necessary to enable the civil service commission to properly carry out the duties prescribed herein. Each member of the civil service commission shall receive as compensation for his services the sum of ten dollars for each full meeting attended by him.
Sec. 22. Section 8 of article XX of said act, being found on page 314, Statutes of 1949, is hereby amended to read as follows:
Section 8. All employees of the city of Reno who have been confirmed in their present positions by the city council and all persons hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period as hereinafter provided shall hold their respective positions and employment at the pleasure of the city manager, subject to hearing as in this article provided. All vacancies in existing or newly created positions subject to the provisions of this article shall be filled by the promotion of employees in the service, and who have proved their fitness for such promotion; provided, however, that the provisions of this article shall not apply to persons employed on a temporary basis and for periods not contemplated to exceed six months during any calendar year.
κ1951 Statutes of Nevada, Page 98 (CHAPTER 83, AB 61)κ
Sec. 23. Section 9 of article XX of said act, being found on page 315, Statutes of 1949, is hereby amended to read as follows:
Section 9. No employee of the city within the provisions of this article shall be suspended for a period exceeding thirty (30) days, or demoted or discharged by the city manager except as in this article provided.
Sec. 24. Section 10 of article XX of said act, being found on page 315, Statutes of 1949, is hereby amended to read as follows:
Section 10. Whenever a written complaint against any member of any of the departments within the provisions of this article is made to the city manager, he shall immediately communicate the same to the commission and a hearing may be ordered by said commission as herein provided, if in the opinion of the commission such a hearing will be for the good of the service.
Sec. 25. Section 18 of article XX of said act, being found on page 32, Statutes of 1943, is hereby amended to read as follows:
Section 18. Upon the request of the city manager, advising the commission of matters requiring consideration, the commission shall call a meeting within five (5) days after receipt of such request for the consideration of such matters as may have been noticed, and the commission shall provide by rule for the holding of not less than one regular meeting per month to be held on the same day of each and every calendar month, which meeting shall be open to the public.
________
Senate Bill No. 16Committee on Education and State University
CHAPTER 84
AN ACT to amend an act entitled An act to provide for the establishment, maintenance, operation and expansion of nonprofit school lunch programs in public schools of the State of Nevada, and making an appropriation therefor, approved March 27, 1947.
[Approved March 13, 1951]
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 5903.07, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 7. Appropriation of State Funds. To enable the state board of education to provide for the establishment, maintenance, operation, and expansion of school lunch programs, including the cost of supervisors and clerical salaries, office supplies and equipment, travel and per diem, postage and express, telephone and telegraph, and printing, funds shall be provided by legislative appropriation from the general fund, as a budgeted part of the appropriation for the support of the department of education, and shall be paid out on claims as other claims against the state are paid.
κ1951 Statutes of Nevada, Page 99 (CHAPTER 84, SB 16)κ
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 after its passage and approval.
________
Assembly Bill No. 29Messrs. Hawes, Perkins, Turner, and Hendel
CHAPTER 85
AN ACT designating United States highway No. 6 as Grand Army of the Republic highway.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. United States highway No. 6 as now or hereafter located in this state shall be known and designated as Grand Army of the Republic highway and U.S. 6.
Sec. 2. The Nevada state highway engineer is directed to place suitable markers along said highway at such points as he deems appropriate.
Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 171Committee on Banks, Corporations, and Insurance
CHAPTER 86
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941, as amended.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 155 of the above-entitled act, being section 3656.155, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 100 (CHAPTER 86, AB 171)κ
Section 155. Penalties. Any person, partnership, association, or corporation violating any of the provisions of this article shall, in addition to any other penalty provided herein, upon conviction be fined not less than fifty ($50) dollars nor more than one thousand ($1,000) dollars for each offense.
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 passage and approval.
________
Assembly Bill No. 189Messrs. Melody and Ogee
CHAPTER 87
AN ACT to amend an act entitled An act fixing the compensation of the county officers of Humboldt County, Nevada, and regulating the employment and compensation of deputies and other employees of officers, approved March 7, 1949.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 2 of chapter 27, page 35, Statutes of 1949, is hereby amended to read as follows:
Section 2. The district attorney of Humboldt County, Nevada, shall receive a salary of three thousand nine hundred and sixty dollars ($3,960) per annum for all his services as such officer; the district attorney shall be allowed only his actual traveling expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Humboldt County or any governmental agency; and he may employ a stenographer whose compensation shall be not to exceed nine hundred and ninety dollars ($990) per annum, to be paid in like manner as other county officers are paid.
Sec. 2. Section 3 of the above-entitled act, being section 3 of chapter 27, page 35, Statutes of 1949, is hereby amended to read as follows:
Section 3. The sheriff of Humboldt County, Nevada, shall receive the sum of three thousand nine hundred and sixty dollars ($3,960) per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided further, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone calls necessary in the discharge of his official duties.
κ1951 Statutes of Nevada, Page 101 (CHAPTER 87, AB 189)κ
duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff of Humboldt County is hereby authorized and empowered to employ one undersheriff who shall receive a salary not to exceed three thousand three hundred dollars ($3,300) per annum; provided, that in cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of eight dollars ($8) per day.
Sec. 3. Section 4 of the above-entitled act, being section 4 of chapter 27, page 36, Statutes of 1949, is hereby amended to read as follows:
Section 4. The county clerk of the county of Humboldt, State of Nevada, and ex officio clerk of the district court of the sixth judicial district of the State of Nevada, in and for the county of Humboldt, shall receive as salary the sum of three thousand nine hundred and sixty dollars ($3,960) per annum; he shall pay into the county treasury each month all money collected by him as fees, without deduction of any nature; the county clerk may appoint one chief deputy.
Sec. 4. Section 5 of the above-entitled act, being section 5 of chapter 27, page 36, Statutes of 1949, is hereby amended to read as follows:
Section 5. The county recorder in and for the county of Humboldt, State of Nevada, and as ex officio auditor, shall receive the sum of three thousand nine hundred and sixty dollars ($3,960) per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one chief deputy.
Sec. 5. Section 6 of the above-entitled act, being section 6 of chapter 27, page 36, Statutes of 1949, is hereby amended to read as follows:
Section 6. The assessor of Humboldt County, Nevada, shall receive a salary of three thousand nine hundred and sixty dollars ($3,960) per annum, together with the additional sum of five hundred and twenty-eight dollars ($528) per year for travel expense and mileage, which sums shall be paid to him in twelve equal monthly installments; the county assessor may appoint two chief deputies. The assessor may employ such other deputies as may be necessary for him to perform the duties required of him by the motor vehicle department; provided, however, that the salaries of such deputies shall be fixed by the assessor at not to exceed eight dollars ($8) per day and shall be paid out of such fees as he may receive from the motor vehicle department.
Sec. 6. Section 7 of the above-entitled act, being section 7 of chapter 27, page 36, Statutes of 1949, is hereby amended to read as follows:
Section 7. The chief deputies employed by the county clerk, county recorder and county assessor of Humboldt County, Nevada, shall each receive a salary of one thousand nine hundred and eighty dollars ($1,980) per annum for the first year of employment; chief deputies who have been employed by the county clerk, county recorder and county assessor for a period exceeding one year shall receive a salary of two thousand three hundred and ten dollars ($2,310) per annum; chief deputies who have been employed by the county clerk, county recorder and county assessor for a period of four years shall receive a salary of two thousand six hundred and forty dollars ($2,640) per annum.
κ1951 Statutes of Nevada, Page 102 (CHAPTER 87, AB 189)κ
receive a salary of one thousand nine hundred and eighty dollars ($1,980) per annum for the first year of employment; chief deputies who have been employed by the county clerk, county recorder and county assessor for a period exceeding one year shall receive a salary of two thousand three hundred and ten dollars ($2,310) per annum; chief deputies who have been employed by the county clerk, county recorder and county assessor for a period of four years shall receive a salary of two thousand six hundred and forty dollars ($2,640) per annum.
Sec. 7. Section 8 of the above-entitled act, being section 8 of chapter 27, page 36, Statutes of 1949, is hereby amended to read as follows:
Section 8. The county treasurer and ex officio tax receiver of Humboldt County, Nevada, shall receive a salary of three thousand nine hundred and sixty dollars ($3,960) per annum which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 8. Section 9 of the above-entitled act, being section 9 of chapter 27, page 36, Statutes of 1949, is hereby amended to read as follows:
Section 9. The county commissioners of Humboldt County, Nevada, shall each receive the sum of one thousand eight hundred dollars ($1,800) per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed ten cents (10’) per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat; it is further provided that the county commissioners shall receive ten cents (10’) per mile for use of private automobiles used on county business; claims for this mileage must be approved by the board of county commissioners.
Sec. 9. This act shall be effective from and after April 1, 1951.
________
Assembly Bill No. 50Miss Frazier
CHAPTER 88
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 180 of the above-entitled act, being section 6084.190, N. C. L., 1943-1949 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 103 (CHAPTER 88, AB 50)κ
Section 180. Further Provision for Apportionment of State Distributive School Fund-After Emergency Fund, State School Reserve Fund, and State School Research Fund are Set Aside-Minimum Salary for Certificated Employees.
1. Emergency School Fund-State School Reserve Fund-State School Research Fund. It shall be the further duty of the superintendent of public instruction, immediately after the state controller shall have made his semiannual report, to apportion the state distributive school fund among several counties of the state in the following manner:
After setting aside the sum of five thousand ($5,000) dollars as the emergency school fund, and not more than thirty thousand ($30,000) dollars as the state school reserve fund, and not more than seven hundred and fifty ($750) dollars as the state school research fund, in the manner provided in section 183 of this school code, he shall, beginning with July 1, 1947, and semiannually thereafter, apportion the state distributive school fund, subject to apportionments at the time, among the several counties in the state in the following manner:
2. Apportionment of Balance in State Distributive School Fund (a) Teacher Basis. After complying with the provisions of paragraph 1 of this section, the superintendent of public instruction shall apportion from the state distributive school fund among the several counties of the state in the following manner: He shall apportion eight hundred eighty-seven dollars and fifty cents ($887.50) for each teacher to which the county is entitled as provided in paragraph 1 of section 179 hereof; provided, that failure on the part of the board of trustees of any school district to pay a minimum annual salary of two thousand four hundred ($2,400) dollars to every full-time employee who is required to hold a Nevada teachers certificate shall result in the forfeiture of all of the next semiannual state apportionment for each teacher to which such district may be entitled under the provisions of this act.
(b) Pupil Basis. He shall apportion on a per capita basis from the state distributive school fund eight ($8) dollars for each pupil in average daily attendance, as shown by the last preceding annual school report.
(3) Apportionment of State School Reserve Fund. Whenever the county commissioners of any county shall have levied, for elementary school purposes, exclusive of bond interest and redemption, a county tax of at least thirty-five cents (35’) on the one hundred ($100) dollars assessed valuation of the taxable property in the county, if such levy does not produce for the county school fund of such county an amount of money sufficient to make the minimum county teacher and pupil apportionments provided for in section 181, paragraph 1, (a) and (b) of this act, the superintendent of public instruction shall apportion to said county from the state school reserve fund such a sum of money as when taken with the amount produced by the said county tax levy of thirty-five (35’) cents on the one hundred ($100) dollars assessed valuation on said property will be sufficient to make the minimum county teacher and pupil apportionments required by law for such county for elementary school purposes.
κ1951 Statutes of Nevada, Page 104 (CHAPTER 88, AB 50)κ
the minimum county teacher and pupil apportionments required by law for such county for elementary school purposes.
4. Newly established school districts which have not been in operation for one (1) year and therefore have had no average daily attendance during the preceding school year shall be allowed funds from the state distributive school fund at the time of the regular semiannual apportionment on the basis of the number of resident pupils of school age listed on the verified petition filed by their parents with the county commissioners for the establishment of the district; provided, that school districts established after the regular July apportionment of the state distributive school fund has been made are entitled to receive the apportionment to which they would have been entitled from that fund had they been established on July 1, the pupil apportionment being based on the number of resident pupils of school age listed on the verified petition filed by their parents or legal guardians with the county commissioners for the establishment of such districts. The superintendent of public instruction is hereby authorized and directed to make such supplemental apportionments of the state distributive school fund as herein provided.
5. The legislature shall appropriate out of the moneys in the general fund out of the state treasury, for deposit in the state distributive school fund, sufficient funds to carry out the provisions of this chapter.
________
Assembly Bill No. 112Messrs. Chapman, Primeaux, and Folsom
CHAPTER 89
AN ACT authorizing and directing the state agricultural society, acting for and in behalf of the State of Nevada, to sell the Fallon state fair grounds and improvements to Churchill County, providing the purchase price and the disposition thereof, reserving the right of the state agricultural society to hold an annual fair at said fair grounds, and other matters relating thereto.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state agricultural society, a state institution as provided in that certain act of the legislature entitled, An act for the management and control of the state agricultural society by the state, approved March 7, 1885, acting for and in behalf of the State of Nevada, is hereby authorized, empowered and directed to sell and dispose of to the county of Churchill, a political subdivision of the State of Nevada, all that certain real property, together with the improvements thereon, situate in and near the city of Fallon in said county and known as the Fallon state fair grounds, and being situate in the southeast one-quarter (SE 1/4) of section twenty-five (25), township nineteen (19) north, range twenty-eight (28) east, M. D. B. and M., and more particularly bounded and described as follows:
Commencing at the section corner common to sections 25, 30, 36, 31, township 19 N.,
κ1951 Statutes of Nevada, Page 105 (CHAPTER 89, AB 112)κ
township 19 N., range 28 and 29 east, M. D. B. & M.; running thence S. 89° 51′ W. 1624.2 feet on the center line of Williams Ave., which is the section line between sections 30 and 31, T. 19 N., R. 29 east, extended, running thence north 0° 09′ west 33.25 feet to the point of beginning. From thence running south 89° 51′ west 530 feet, thence north 0° 09′ west 58.93 feet to a point, from thence east and north on the arc of a circle 561.5 feet more or less, the radius of which circle is 480.17 feet (the center of said circle being more particularly described as a point 480.17 feet north 0° 9′ west of the point last before mentioned), running thence north 89° 51′ east 80 feet, thence south 0° 9′ east 350 feet to the point of beginning.
Commencing at the section corner common to sections 25, 30, 36, and 31, township 19 north, range 28 and 29 east, M. D. B. & M., running thence south 89° 51′ west 1624.2 feet on the center line of Williams Avenue, which is the section line between sections 30 and 31, township 19 north, range 29 east extended; running thence north 0° 9′ west 33.25 feet to the point of beginning; thence south 89° 51′ west 530 feet; thence north 0° 09′ west 350 feet; thence north 89° 51′ east 530 feet; thence south 0° 9′ east 350 feet to the point of beginning, containing 4.52 acres.
Commencing at the southeast corner of said section 25, running thence south 89° 51′ west 1624.2 feet on the center line of Williams Avenue, thence north 0° 09′ west 383.25 feet to an iron pipe stake set in the ground, the point of beginning and the southeast corner of the parcel and the northeast corner of the present state fair grounds, continuing thence on the same course north 0° 09′ west 268.4 feet to a 3/4ʺ iron pipe stake set in the ground, the northeast corner of the parcel, thence south 89° 51′ west 671 feet to a 3/4ʺ iron pipe stake set in the ground, the northwest corner of the parcel, then south 5° 45′ west 24.5 feet to a fence corner, thence south 14° 37′ east 253.7 feet on the fence line as now constructed to a fence corner, thence north 84° 40′ east 84 feet on a fence line as now constructed to the point of intersection with the west boundary line of the present state fair grounds, thence north 0° 09′ west on the west boundary line of the said state fair grounds 3.5 feet to the northwest corner of the said present state fair grounds, thence north 89° 51′ east on the north boundary line of the said present state fair grounds 530 feet to the point of beginning.
All of said above-described parcels of land containing 8.26 acres more or less.
Sec. 2. That as and for the consideration to be paid by the said Churchill County as the purchase price of the real property and improvements set forth in section 1 of this act, said county, acting by and through its board of county commissioners, shall pay to the State of Nevada the sum of eleven thousand two hundred eighty-six and 38/100 ($11,286.38) dollars, which said sum, as evidenced by the warrant issued therefor by the county auditor of said county, drawn upon funds in the county treasury not otherwise appropriated, shall be delivered to and deposited by the state treasurer in the state treasury of the State of Nevada, and which said sum is hereby appropriated to the use of the state agricultural society in the payment of claims now outstanding against said society, which said claims shall be approved by the state board of agriculture as the managing board of the state agricultural society and approved by the state board of examiners, and when so approved the state controller shall draw his warrants therefor and the state treasurer shall pay the same.
κ1951 Statutes of Nevada, Page 106 (CHAPTER 89, AB 112)κ
now outstanding against said society, which said claims shall be approved by the state board of agriculture as the managing board of the state agricultural society and approved by the state board of examiners, and when so approved the state controller shall draw his warrants therefor and the state treasurer shall pay the same.
Sec. 3. That the state board of agriculture, acting as the managing board of the state agricultural society, and for and in behalf of the State of Nevada, shall prepare, execute, and upon payment of the purchase money set forth in section 2 of this act, deliver to the county of Churchill a good and sufficient deed of conveyance of said real property and its improvements, conveying therein all right, title and interest of the State of Nevada and the state agricultural society in said property to the county of Churchill, which said deed shall be approved by the attorney general as to form and validity. The said deed shall contain a covenant that the state agricultural society shall reserve the right to hold such annual fair and/or stock and farming exhibit, as it may deem necessary, at and upon said fair grounds, each year so long as the said property remains the property of Churchill County. Any sale of the property described by the county of Churchill shall be subject to the approval of the state legislature.
Sec. 4. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 86Committee on Education and State University
CHAPTER 90
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 156 of the above-entitled act, being chapter 63, page 152, Statutes of 1947, is hereby amended to read as follows:
Section 156. Discontinuance of County or District High Schools. Whenever it shall appear feasible and practicable that any Nevada high school be discontinued because of small enrollment of pupils or because better educational facilities may be provided the students thereof at other nearby high school, the governing board of the former may enter into a written agreement with the governing board of the latter high school in the same or any adjoining county in this state for the education of all the students of such high school so to be discontinued in such other nearby high school in the same or in an adjoining county in this state, if and when such written agreement is approved by the boards of county commissioners of the county or counties in which such contracting high schools are situated and by the superintendent of public instruction of this state.
κ1951 Statutes of Nevada, Page 107 (CHAPTER 90, SB 86)κ
Any such agreement shall be for the period of one (1) year only, but subject to renewal from year to year at the option of the school boards affected. The agreement shall recite the annual per capita amount to be paid to the school receiving the high school students by the school from which they come, and shall specify the time for such payments. Such agreement shall further indicate definite arrangements for the transportation of the high school pupils to and from the high school to which they are so transferred, and for the payment of the expenses of such transportation; provided, that in any county in this state wherein a county or district high school has been discontinued or has become dormant, and the governing board thereof has entered into an agreement with the governing board of a comparable school in an adjoining county for the education of all the students of such high school so discontinued or dormant and such agreement has been renewed from year to year, as provided in this section, such agreement may provide, in lieu of the transportation of such students from the county where such high school has been discontinued or has become dormant to the high school of the adjoining county, that the reasonable cost of the board, lodging and subsistence of such students at the place where such school is held shall be paid by the governing board of the said discontinued or dormant high school.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 159Mr. Primeaux
CHAPTER 91
AN ACT to amend an act entitled An act to fix the fees and mileage of witnesses and jurors, providing the manner of payment thereof, and to repeal all acts and parts of acts in conflict herewith, approved March 26, 1919, as amended.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 8491, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 2. Each person summoned to attend as a grand or trial juror, unless on or before the day he is summoned to attend he be excused by the court at his own request from serving, shall receive (except as hereinafter provided) six dollars per day for each day he may be in attendance, which shall include Sundays and holidays, and fifteen cents a mile for each mile necessarily and actually traveled by the shortest and most practical route, one way only; provided, however, that where the mileage does not exceed one mile no allowance shall be made therefor.
In civil cases, the per diem of each juror engaged in the trial of the cause shall be paid each day in advance to the clerk of the court, or the justice of the peace, by the party who shall have demanded the jury.
κ1951 Statutes of Nevada, Page 108 (CHAPTER 91, AB 159)κ
the jury. In case the party paying such fees shall be the prevailing party, the fees so paid shall be recoverable as costs from the losing party. If the jury from any cause be discharged in a civil action without finding a verdict and the party who demands the jury shall afterwards obtain judgment, the fees so paid shall be recoverable as costs from the losing party.
Jurors actually sworn and serving in civil cases or proceedings in justice courts shall receive two dollars per day as full compensation for each day of said service.
Trial jurors in criminal cases in justice courts shall receive three dollars per day each as full compensation for each days service, but no mileage shall be allowed for any distance traveled less than one mile.
The fees paid jurors by the county clerks for services in a civil action or proceeding (which he has received from the party demanding the jury) shall be deducted from the total amount due them for attendance as such jurors, and any balance shall be a charge against the county.
Coroners juries (with not more than three persons upon the jury) shall be entitled to receive for each days service three dollars to be certified to the county clerk by the coroner, and audited, allowed, and paid as are other claims against the county; provided, however, that when it is necessary for a coroners jury to travel a greater distance than one mile to view the remains, or to the place where the inquisition is held, the necessary and actual expenses incurred by the said coroner for the transportation of the jury shall be allowed, audited, and paid as are other claims against the county, after having been duly certified to by the said coroner.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 176Mr. Francovich
CHAPTER 92
AN ACT to amend an act entitled An act concerning crimes and punishment, and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 205 of the above-entitled act, being section 10153, 1929 N. C. L., is hereby amended to read as follows:
Section 205. All pawn brokers are authorized to charge and receive interest at the rate of three percent a month for money loaned on the security of personal property actually received in pledge, and no person shall ask or receive a higher rate of interest or discount on any such loan, or on any actual pretended sale, or redemption of personal property, provided, however, that for any loan made the pawn broker may make a minimum charge of $1.
κ1951 Statutes of Nevada, Page 109 (CHAPTER 92, AB 176)κ
may make a minimum charge of $1. All personal property shall be held for redemption for a period of not less than one hundred and fifty days from the date of pledge with any pawn broker. All pawn brokers shall give to the person securing the loan a printed receipt clearly showing the amount loaned with a description of the pledged property. The reverse side of said receipt shall be marked in such a manner that the amounts of principal and interest paid by the person securing the loan can be clearly designated. Each payment shall be entered upon the reverse side of said receipt and shall designate how much of the payment is being credited to principal and how much to interest, with dates of said payments shown thereon.
Sec. 2. The violation of any section of this act shall constitute a misdemeanor.
Sec. 3. This act shall become effective immediately upon its passage and approval.
________
Assembly Bill No. 28Mr. Hawkins
CHAPTER 93
AN ACT granting to the board of education of White Pine County, and to the board of trustees of Ely school district No. 1, power and authority to expend public school funds for the use, improvement and development of athletic facilities on the municipally owned park in Ely, White Pine County, Nevada.
[Approved March 13, 1951]
Whereas, The attorney general of the State of Nevada has ruled that the board of education of White Pine County has no lawful authority to expend school funds for the development and improvement of athletic facilities in and upon the municipally owned city park at Ely; and,
Whereas, Neither the board of education of White Pine County or the board of trustees of Ely school district No. 1, own or can acquire other real property near or about their respective schools for athletic facilities, without the expenditure of great, unreasonable and unwarranted sums of school funds; and,
Whereas, The location of the city park of Ely is reasonably proximate to all the public schools located within the city of Ely, and has for many years past been used by said public schools for all their track and field sporting events; and,
Whereas, The board of education of White Pine County, and the board of trustees of Ely school district No. 1, have school funds presently available for the improvement and development of said athletic facilities, and will in the future have funds available for said purpose; therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of education of White Pine County, and the board of trustees of Ely school district No. 1, are hereby authorized and empowered to enter into a cooperative agreement or agreements with each other and with the city council of the city of Ely and the county commissioners of White Pine County for the joint use, development and improvement of the Ely city park, for all athletic facilities determined to be needed or beneficial for public school purposes.
κ1951 Statutes of Nevada, Page 110 (CHAPTER 93, AB 28)κ
and empowered to enter into a cooperative agreement or agreements with each other and with the city council of the city of Ely and the county commissioners of White Pine County for the joint use, development and improvement of the Ely city park, for all athletic facilities determined to be needed or beneficial for public school purposes.
Sec. 2. The expenditures incident to and necessary for the joint participation of the board of education of White Pine County and the board of trustees of Ely school district No. 1, as provided in section 1 of this act, shall be governed by the general provisions of law relating to public school funds.
Sec. 3. All agreements for cooperation between the board of education of White Pine County, the board of trustees of Ely school district No. 1, the city council of the city of Ely and the county commissioners of White Pine County relating to the use, improvement or development of the city park of Ely as provided in section 1 of this act, shall be spread upon the minutes of the meeting of each of said bodies at the time of the adoption thereof.
Sec. 4. It is hereby expressly provided that in the event any section of this act shall be held by any court to be void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act.
Sec. 5. All acts or parts of acts in conflict with this act, insofar as they affect the operation of the purpose of this act, are hereby repealed.
Sec. 6. This act shall be in full force and effect immediately upon its passage and approval.
________
Assembly Bill No. 208Messrs. McElroy and Englestead
CHAPTER 94
AN ACT authorizing and directing the payment of benefits to the widows of justices of the supreme court; providing that said benefits be paid out of any funds or moneys created or set aside for the payment of pensions to justices of the supreme court; and repealing all acts and parts of acts in conflict herewith.
[Approved March 13, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In the event a justice of the supreme court at the time of his death is eligible to receive a pension under the provisions of any statute or law of the State of Nevada, then and in that event his widow, providing she has attained the age of sixty-five (65) years, shall be entitled, until her death or remarriage, to receive the sum of two hundred dollars ($200) per month.
Sec. 2. To be entitled to receive the benefits herein provided for the widow must make application to the board, commission, or authority entrusted with the administration of the judges pension act, or acts, and furnish such information as may be required, pursuant to reasonable rules and regulations to be adopted for the purpose of carrying out the intent of this act.
κ1951 Statutes of Nevada, Page 111 (CHAPTER 94, AB 208)κ
Sec. 3. It is the intent of this act that no special fund be created for the purpose of paying the benefits herein required to be made, and any and all payments made under the provisions of this act are specifically directed to be made out of and charged to any fund now or hereafter created for the purpose of paying pension benefits to justices of the supreme court.
Sec. 4. All acts and parts of acts in conflict herewith are to the extent of such conflict hereby repealed.
Sec. 5. This act shall become effective immediately upon its passage and approval.
________
Senate Bill No. 79Senators Budelman and Reid
CHAPTER 95
AN ACT to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 14, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 527 of the above-entitled act, being section 10473, N. C. L. 1929, is hereby amended to read as follows:
Section 527. It shall be unlawful for any person, firm or corporation to make or enter into any agreement, either oral or in writing, by the terms of which any employee of such person, firm or corporation, or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employment, shall be required not to become or continue a member of any labor organization, or shall be required to become or continue a member of any labor organization. The term labor oragnization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
Sec. 2. This act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 112κ
Senate Bill No. 121Senator Lattin
CHAPTER 96
AN ACT to amend an act entitled An act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict with this act, approved March 22, 1945.
[Approved March 14, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 159, 1945 Statutes of Nevada, is hereby amended to read as follows:
Section 2. The sheriff and ex officio license collector shall receive the sum of three thousand six hundred ($3,600) dollars per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 2. Section 3 of the above-entitled act, being chapter 159, 1945 Statutes of Nevada, is hereby amended to read as follows:
Section 3. The county recorder and ex officio auditor shall receive the sum of three thousand three hundred ($3,300) dollars per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 3. Section 4 of the above-entitled act, being chapter 159, 1945 Statutes of Nevada, is hereby amended to read as follows:
Section 4. The county assessor shall receive the sum of three thousand three hundred ($3,300) dollars per annum.
Sec. 4. Section 5 of the above-entitled act, being chapter 129, 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 5. The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive the sum of three thousand six hundred ($3,600) dollars per annum.
Sec. 5. Section 6 of the above-entitled act, being chapter 159, 1945 Statutes of Nevada, is hereby amended to read as follows:
Section 6. The county commissioners shall receive the sum of one thousand two hundred ($1,200) dollars per annum each.
Sec. 6. This act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 113κ
Assembly Bill No. 5Mr. Cross
CHAPTER 97
AN ACT to exempt the State of Nevada from the provisions of the Act of the Congress of the Unites States prohibiting the transportation of gambling devices in interstate and foreign commerce.
[Approved March 15, 1951]
Whereas, The thirty-fifth session of the legislature of Nevada in 1931 did in and by chapter 99, Statutes of Nevada 1931, legalize and license the gambling games therein mentioned, including slot machines, and
Whereas, The gambling games therein mentioned, including slot machines, ever since 1931 and now are legalized and licensed in this state, and
Whereas, The congress of the United States in the eighty-first congress enacted and the president of the United States thereafter and on the second day of January 1951 approved an act entitled An act to prohibit transportation of gambling devices in interstate and foreign commerce, which said act prohibits the transportation in interstate and foreign commerce gambling devices, including slot machines, except into states exempting themselves by law from the operation of said federal act, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That pursuant to section 2 of that certain act of the congress of the United States entitled An act to prohibit transportation of gambling devices in interstate and foreign commerce, approved January 2, 1951, the same being Public Law 906, 81st Congress, the State of Nevada, acting by and through its duly elected and qualified members of its legislature, does hereby in this act, and in accordance with and in compliance with the provisions of said section 2 of said act of congress, declare and proclaim that it is exempt from the provisions of section 2, Public Law 906, 81st Congress.
Sec. 2. All shipments of gambling devices, including slot machines, into this state, the registering, recording and labeling of which has been duly had by the manufacturer and/or dealer thereof in accordance with sections 3 and 4 of said act of congress, shall be deemed legal shipments thereof into this state.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 114κ
Assembly Bill No. 41Mr. Bastian
CHAPTER 98
AN ACT to provide an additional and supplemental appropriation for the tuition and care of the deaf, dumb or blind of the State of Nevada.
[Approved March 15, 1951]
Whereas, There has been an unexpected increase in the number of children enrolled in out-of-state institutions, which increase has resulted in an increase in the costs of institutional care from $9,607 for the 1949-1950 fiscal year to an estimated cost of $14,541 for the 1950-1951 fiscal year, and
Whereas, There may be more children enrolled before the end of the 1950-1951 fiscal year, and
Whereas, There will be a deficiency in the funds to meet the demand for the fiscal year ending June 30, 1951, now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1951, there is hereby appropriated out of the state treasury of the State of Nevada, not specifically allotted, the sum of eleven thousand ($11,000) dollars as an additional and supplemental appropriation to that allowed in the budget for the tuition and care of deaf, dumb, or blind pupils in out-of-state institutions.
Sec. 2. This act shall become effective immediately upon its passage and approval.
________
Assembly Bill No. 86Mr. Capurro
CHAPTER 99
AN ACT making an appropriation for the support of the Nevada junior livestock show board for the fiscal year 1950-1951.
[Approved March 15, 1951]
Whereas, Chapter 239, Statute of Nevada 1945, provides for an annual junior livestock show to be held under the authority and direction of the Nevada junior livestock show board; and
Whereas, The said junior livestock show is intended to encourage and promote improvement in the quality of livestock in the State of Nevada; and
Whereas, There has been no state support of the junior livestock show since 1948; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing support of the Nevada junior livestock show in the spring of 1951, there is hereby appropriated from the general fund for the fiscal year ending June 30, 1951, the sum of one thousand five hundred dollars ($1,500), to be paid out on claims as other claims against the state are paid.
κ1951 Statutes of Nevada, Page 115 (CHAPTER 99, AB 86)κ
1951, the sum of one thousand five hundred dollars ($1,500), to be paid out on claims as other claims against the state are paid.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 90Committee on Education and State Libraries.
CHAPTER 100
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 286 of the above-entitled act, being section 6084.296, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 286. Whenever the trustees of any school district shall decide to erect any new school building that is to cost more than one thousand dollars ($1,000), or to repair or add to any old school building, which repair or addition is to cost more than one thousand dollars ($1,000), or to purchase school furniture that is to cost more than one thousand dollars ($1,000), they shall advertise for bids for the contract to erect the said new building or to make the repairs or addition. Such advertising shall be done in the following manner: If a daily newspaper is published in the district, the advertisement for bids shall be published in such newspaper for ten (10) successive days previous to the day of the opening of such bids. If there is only a weekly newspaper published in the district, the advertisement for bids shall be published in at least two (2) weekly issues previous to the day of the opening of such bids. If no newspaper is published in the district, the trustees shall cause such advertisement to be published in some paper in the county for the same periods of time as those mentioned above in this section. In no event shall more than five thousand ($5,000) dollars be expended for said purpose without a majority vote of the district, except as provided by section 285 hereof.
________
κ1951 Statutes of Nevada, Page 116κ
Assembly Bill No. 108Mr. Cappurro
CHAPTER 101
AN ACT to amend an act entitled An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters properly connected therewith, approved March 23, 1933, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 18 of the above-entitled act, being section 4437.17, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 18. (1) The payments for the licenses provided in this act shall be made in accordance with the following schedule of fees: (a) For each motor vehicle defined in this act used in the carrying of passengers or passengers and light express up to five hundred (500) pounds, fifty ($50) dollars flat rate, plus ten ($10) dollars for each passenger-carrying capacity of such vehicle, up to and including ten passengers; over ten passengers fifty ($50) dollars flat rate, plus twelve ($12) dollars for each passenger-carrying capacity of such vehicle, exclusive of the driver as rated by the manufacturer thereof; provided, each motor vehicle operated by a taxicab motor carrier as hereinbefore defined, a flat fee of twenty-five ($25) dollars only; provided further, no unladened weight license fee, hereinafter provided for, shall be assessed on passenger-carrying vehicles; (b) for each motor vehicle defined in this act, except as hereinafter provided, carrying property or both property and passengers, other than those described above in subsection (a) hereof, twenty ($20) dollars flat rate; (c) for each trailer twenty ($20) dollars flat rate; (d) for each semitrailer and automobile tractor twenty ($20) dollars flat rate; provided, that each semitrailer and automobile tractor be deemed two operating units for the purposes of the flat rate fee and the unladened weight fee hereinafter provided for; (e) motorcycles with side car attached used in carriage of property, twenty ($20) dollars flat rate; provided, no unladened weight license fee to be assessed.
(2) In addition to the foregoing flat rate, a license fee based upon the unladened weight or major fraction per one hundred pounds thereof of the motor vehicle is hereby fixed according to the following schedule of fees, and shall be paid at the same time, and in addition to the said flat rates, on all motor vehicles defined in this act, except motorcycles with side cars attached and motor vehicles used exclusively in the carrying of passengers, or passenger and light express up to five hundred (500) pounds up to and including five thousand (5,000) pounds, one and fifty one-hundredths ($1.50) dollars per one hundred (100) pounds unladened; five thousand and one (5,001) pounds and not over ten thousand (10,000) pounds, one and fifty-five one-hundredths ($1.55) dollars per one hundred (100) pounds unladened; ten thousand and one (10,001) pounds and not over eleven thousand (11,000) pounds, one and sixty one-hundredths ($1.60) dollars per one hundred (100) pounds unladened; eleven thousand and one (11,001) pounds and not over twelve thousand (12,000) pounds one and sixty-five one-hundredths ($1.65) dollars per one hundred (100) pounds unladened; twelve thousand and one (12,001) pounds and not over thirteen thousand (13,000) pounds, one and seventy one-hundredths ($1.70) dollars per one hundred (100) pounds unladened; thirteen thousand and one (13,001) pounds and not over fourteen thousand (14,000) pounds, one and seventy-five one-hundredths ($1.75) dollars per one hundred (100) pounds unladened; fourteen thousand and one (14,001) pounds and not over fifteen thousand (15,000) pounds, one and eighty one-hundredths ($1.80) dollars per one hundred (100) pounds unladened; fifteen thousand and one (15,001) pounds and not over sixteen thousand (16,000) pounds, one and eighty-five one-hundredths ($1.85) dollars per one hundred (100) pounds unladened; sixteen thousand and one (16,001) pounds and not over seventeen thousand (17,000) pounds, one and ninety one-hundredths ($1.90) dollars per one hundred (100) pounds unladened; seventeen thousand and one (17,001) pounds and not over eighteen thousand (18,000) pounds, one and ninety-five one-hundredths ($1.95) dollars per one hundred (100) pounds unladened; eighteen thousand and one (18,001) pounds and not over nineteen thousand (19,000) pounds, two ($2) dollars per one hundred (100) pounds unladened; nineteen thousand and one (19,001) pounds and not over twenty thousand (20,000) pounds, two and ten one-hundredths ($2.10) dollars per one hundred (100) pounds unladened; twenty thousand and one (20,001) pounds and over, two and twenty-five one-hundredths ($2.25) dollars per one hundred (100) pounds unladened; provided, that such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster has hereinafter provided; provided, should any motor vehicle within the terms of this act be changed in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon.
κ1951 Statutes of Nevada, Page 117 (CHAPTER 101, AB 108)κ
to the said flat rates, on all motor vehicles defined in this act, except motorcycles with side cars attached and motor vehicles used exclusively in the carrying of passengers, or passenger and light express up to five hundred (500) pounds up to and including five thousand (5,000) pounds, one and fifty one-hundredths ($1.50) dollars per one hundred (100) pounds unladened; five thousand and one (5,001) pounds and not over ten thousand (10,000) pounds, one and fifty-five one-hundredths ($1.55) dollars per one hundred (100) pounds unladened; ten thousand and one (10,001) pounds and not over eleven thousand (11,000) pounds, one and sixty one-hundredths ($1.60) dollars per one hundred (100) pounds unladened; eleven thousand and one (11,001) pounds and not over twelve thousand (12,000) pounds one and sixty-five one-hundredths ($1.65) dollars per one hundred (100) pounds unladened; twelve thousand and one (12,001) pounds and not over thirteen thousand (13,000) pounds, one and seventy one-hundredths ($1.70) dollars per one hundred (100) pounds unladened; thirteen thousand and one (13,001) pounds and not over fourteen thousand (14,000) pounds, one and seventy-five one-hundredths ($1.75) dollars per one hundred (100) pounds unladened; fourteen thousand and one (14,001) pounds and not over fifteen thousand (15,000) pounds, one and eighty one-hundredths ($1.80) dollars per one hundred (100) pounds unladened; fifteen thousand and one (15,001) pounds and not over sixteen thousand (16,000) pounds, one and eighty-five one-hundredths ($1.85) dollars per one hundred (100) pounds unladened; sixteen thousand and one (16,001) pounds and not over seventeen thousand (17,000) pounds, one and ninety one-hundredths ($1.90) dollars per one hundred (100) pounds unladened; seventeen thousand and one (17,001) pounds and not over eighteen thousand (18,000) pounds, one and ninety-five one-hundredths ($1.95) dollars per one hundred (100) pounds unladened; eighteen thousand and one (18,001) pounds and not over nineteen thousand (19,000) pounds, two ($2) dollars per one hundred (100) pounds unladened; nineteen thousand and one (19,001) pounds and not over twenty thousand (20,000) pounds, two and ten one-hundredths ($2.10) dollars per one hundred (100) pounds unladened; twenty thousand and one (20,001) pounds and over, two and twenty-five one-hundredths ($2.25) dollars per one hundred (100) pounds unladened; provided, that such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster has hereinafter provided; provided, should any motor vehicle within the terms of this act be changed in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon. Every vehicle required to be weighed by the provisions of this act shall be weighed annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not theretofore licensed under this act.
κ1951 Statutes of Nevada, Page 118 (CHAPTER 101, AB 108)κ
annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not theretofore licensed under this act.
(3) Every motor convoy carrier as hereinbefore defined shall be required to be licensed, and the fee therefor shall be as follows: For each motor vehicle driven, towed or carried by any motor convoy carrier, or driven singly, as set forth in section 2 of this act, a flat fee of seven dollars and fifty cents ($7.50) shall be paid by the person or persons engaged in such motor convoy carriage, for which said fee the said public service commission shall issue for each motor vehicle driven, towed, carried or driven singly by such motor convoy carrier, a distinctive certificate to the effect that such motor vehicle may be driven, towed, or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of departure from the state; provided, no such certificate shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whatsoever. Such certificate shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; provided, such certificate shall not be effective beyond the current year in which issued. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any license plates be issued for any such motor vehicle by the public service commission or any other state department; provided further, no registration plates, dealers plates, or any other license plates whatsoever, or any license or certificate, other than the said certificate provided in this section, issued by this or any other state, shall be deemed or construed to permit any convoying of motor vehicles as in this act defined, nor shall such certificate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which said certificate was issued or is required; provided, nothing in this act contained shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturers or dealers license plates at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license.
(4) And it is further provided, that all motor vehicle carriers, as hereinbefore defined in this act, except motor convoy carrier, commencing operation on and after the first day of July shall be liable for and shall pay only one-half of the license fee provided in this section for each motor vehicle required to be licensed herein, which said license shall expire at the same time as the full-year license.
(5) A nonresident owner or operator of a vehicle coming within the provisions of this act shall have the option in lieu of causing such vehicle to be licensed under this act and paying the annual license fees by applying for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee; provided, however, that the minimum fee for such trip shall not be less than $3 per vehicle.
κ1951 Statutes of Nevada, Page 119 (CHAPTER 101, AB 108)κ
provisions of this act shall have the option in lieu of causing such vehicle to be licensed under this act and paying the annual license fees by applying for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee; provided, however, that the minimum fee for such trip shall not be less than $3 per vehicle. Trip permits shall authorize operation over the public highways of this state for a period of not more than ninety-six (96) consecutive hours; provided further, that not more than three such permits shall be issued in any calendar year at the above rates to the same nonresident. All such trip permits shall be evidenced by stickers which shall be displayed on the windshield of the vehicle, or otherwise, as specified by the commission.
(6) A resident owner or operator dealing in the business of moving houses or parts of houses while in constructed or partially constructed state, shall have the option in lieu of causing such towing house moving vehicles, as he may use in his business of house moving, to be licensed under this act and paying the annual license fees to apply for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee. Trip permits shall authorize operation over the public highways of this state for a period of not more than forty-eight (48) consecutive hours. All such trip permits shall be evidenced by stickers which shall be displayed on the windshield of the vehicle, or otherwise as specified by the commission under such rules and regulations as may be promulgated by the commission.
Sec. 2. This act shall become effective from and after its passage and approval.
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Assembly Bill No. 96Messrs. Englestead and Bastian
CHAPTER 102
AN ACT to amend an act entitled An act in relation to public highways, approved March 9, 1866, as amended.
[Approved March 15, 1951]
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 N. C. L. 1929, section 5396, is hereby amended to read as follows:
Section 5. In any county in which there are no established road districts and there is no road supervisor, if twenty-four freeholders of any township shall petition the board of county commissioners of such county for the location, opening to the public use, re-establishment, change or vacation of any road or highway to connect with any highway heretofore established, or any street or alley in any unincorporated town in such county, setting forth in such petition the beginning, course and termination of such road, highway, street or alley proposed to be located, open to public use, re-established, changed or vacated, together with the names of the owners or occupants of the land through which the same may pass, the county clerk of such county shall lay such petition before the board of county commissioners at their next session thereafter, and thereupon such board of county commissioners may, within twenty days thereafter, proceed to locate, open to public use, re-establish, change or vacate such road, highway, street or alley; and the width of all public highways laid out or open under the provisions of this act shall be regulated and established by such boards of county commissioners; provided, no such highways shall exceed in width eighty feet.
κ1951 Statutes of Nevada, Page 120 (CHAPTER 102, AB 96)κ
the same may pass, the county clerk of such county shall lay such petition before the board of county commissioners at their next session thereafter, and thereupon such board of county commissioners may, within twenty days thereafter, proceed to locate, open to public use, re-establish, change or vacate such road, highway, street or alley; and the width of all public highways laid out or open under the provisions of this act shall be regulated and established by such boards of county commissioners; provided, no such highways shall exceed in width eighty feet. Before opening any new road, street, or alley through any property, it shall be condemned to public use as follows: The board of county commissioners shall appoint two disinterested persons to view, lay out and locate such new road, street or alley, and such two persons in conjunction with two others, chosen by any owner or occupant, or by the several owners or occupants of the property to be traversed by such road, street or alley, shall ascertain the damage done to any property so traversed, after deducting any advantage arising from such road, street or alley, to the owner or occupant of such property. If such four persons cannot agree as to such damages, then they shall choose a fifth, and the decision of a majority of them shall govern, and be reported to the board of county commissioners. If the owner or owners or occupants of any property so condemned shall not acquiesce in the amount of damages so reported, an examination may be had before the board and witnesses be examined and the decision of the board shall be final, unless such owner or owners or occupants appeal from the decision of the board within thirty days after such decision to the district court, which he or they may do in the same manner that appeals are taken from justices courts to the district court. Upon finally determining such damages, the board shall provide for the payment of such damages, either by the person interested in such road, street or alley, or pay the same out of the county treasury as other claims are paid, and after such payment is made the board shall then cause such road, street or alley to be opened.
The board of county commissioners in their respective counties in the state are hereby authorized and empowered to accept the grant of rights of way from the construction of highways over public lands of the United States not reserved for public uses, contained in section 2477 of the revised statutes of the United States (43 U. S. Code, sec. 932), and such acceptance shall be by resolution of such county commissioners spread upon the records of their proceedings; provided, that nothing herein contained shall be construed to invalidate the acceptance of such grant by general public use and enjoyment heretofore or hereafter had. Such board of county commissioners are further authorized and empowered to locate and determine the width of such rights of way, provided the same shall not exceed in width eighty feet, and to locate, open for public use and establish thereon public roads or highways.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 3. This act shall take effect upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 121κ
Assembly Bill No. 177Messrs. Primeaux and Chapman
CHAPTER 103
AN ACT forbidding the use of state automobiles and other means of mechanical conveyance for private use by any individual or individuals; providing penalties for violation thereof, repealing all acts and parts of acts in conflict therewith, and other matters properly connected therewith.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It shall be unlawful for any individual, individuals or groups of individuals, whether an employee or employees of the State of Nevada or not, to use any automobile, truck or other means of mechanical conveyance, property of the State of Nevada, for their own private use.
Sec. 2. The violation of this act shall constitute a misdemeanor and shall be punished as such.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 133Mr. Coulthard
CHAPTER 104
AN ACT to amend an act entitled An act to regulate the business of title insurance in the State of Nevada and matters relating thereto, approved March 11, 1925.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 3637, N. C. L. 1929, is hereby amended to read as follows:
Section 2. Every title insurance company, before issuing any guarantee or policy of title insurance, shall have a paid-up, unimpaired cash capital equal to one hundred thousand dollars; fifty thousand dollars of which shall be deposited with the state treasurer, as herein provided, as a guarantee fund for the security and protection of the holders of, or beneficiaries under, such guarantees or policies of insurance. Any such deposit may be made either in lawful money of the United States or in any of the securities hereinafter specified as follows, to wit:
(a) United States bonds or interest-bearing notes or obligations of the United States or those for which the faith and credit of the United States are pledged for the payment of principal and interest;
(b) Deeds of trust for real estate (unencumbered), situate within this state, the value of which for the purpose of this act shall not exceed 60% of the actual cash market value of the property conveyed or encumbered thereby, and which deeds of trust shall, at the expense of the company so depositing same, be recorded in the office of the county recorder of the county in which the property thereby conveyed is situated;
κ1951 Statutes of Nevada, Page 122 (CHAPTER 104, AB 133)κ
or encumbered thereby, and which deeds of trust shall, at the expense of the company so depositing same, be recorded in the office of the county recorder of the county in which the property thereby conveyed is situated;
(c) Bonds of this or any other state, for which the faith and credit of the state so issuing same are pledged for the payment of principal and interest thereon;
(d) Bonds or interest-bearing notes or obligations issued under authority of law by any county, municipality, irrigation district, or school district in this state, or any other state or territory of the United States;
(e) Notes or bonds secured by first mortgage or deeds of trust or other first lien upon real estate, improved or unimproved; provided, that the principal so loaned or the entire note or bond issue so secured shall not exceed 60 percent of the market value of such real estate, or such real estate with improvements taken as security at the date of investment;
(f) Stocks or bonds of any corporation organized under the laws of this state or the United States when such corporation is regulated by the banking laws of this state or of the United States;
(g) A surety bond for the sum of $50,000 executed by a reliable surety company authorized to do business in this state, and approved by the state controller. Said surety bond to be conditioned for the payment of any losses which may be sustained by any holder or holders of policies of title insurance issued by the company so depositing said surety bond, by reason of any error or misstatement in said policy or policies of title insurance.
Said money or securities shall be first approved by the state controller, and, upon his written order, deposited with the state treasurer for the purpose herein specified, and said treasurer shall give his receipt therefor, and thereafter, subject to the provisions of this section, shall hold such deposits of money or securities for the security and protection of the holders of, or beneficiaries under, any guarantee of policy of insurance issued by such company, and the state shall be responsible for the custody and safe return of any money or securities so deposited. Said securities or money so deposited, may, with the approval of the state controller, be withdrawn or exchanged from time to time for other securities or lawful money, receivable as aforesaid. So long as the company so depositing said money or securities shall continue solvent, it shall have the right and shall be permitted by the state treasurer to receive the interest, rents, and dividends on any securities so deposited. Said securities and money shall be subject to sale and transfer and to the disposal of the proceeds thereof by said state treasurer only on the order of a court of competent jurisdiction and for the security and protection of the holders of such guarantees and policies of insurance.
Sec. 2. Section 5 of the above-entitled act, being section 3640, N. C. L. 1929, is hereby amended to read as follows:
Section 5. Every title insurance company shall annually set apart a sum equal to ten percent of its premiums collected during the year, which sums shall be allowed to accumulate until a fund shall have been created equal in amount to 50% of the subscribed capital stock of such corporation.
κ1951 Statutes of Nevada, Page 123 (CHAPTER 104, AB 133)κ
a sum equal to ten percent of its premiums collected during the year, which sums shall be allowed to accumulate until a fund shall have been created equal in amount to 50% of the subscribed capital stock of such corporation. Such funds shall be maintained as a further security to holders of the guarantees or policies of insurance issued by such corporation, and shall be known as the title insurance reserve fund, and if at any time such fund shall be impaired by reason of a loss, the amount by which it may be impaired shall be restored in the manner hereinabove provided for its accumulation. The reporting of a loss shall be deemed an impairment of such fund for the purposes of this section. Such corporation must not make any dividends except from profits remaining on hand after retaining unimpaired: 1. The entire subscribed capital stock. 2. The amount set apart as a reserve fund under the provisions of this section. 3. A sum sufficient to pay all liabilities for expenses and taxes, and all losses reported or in course of settlement, without impairment of the title insurance reserve fund required to be set apart as hereinabove provided.
Sec. 3. Section 7 of the above-entitled act, being section 3642, N. C. L. 1929, is hereby amended to read as follows:
Section 7. The state controller is hereby authorized, whenever he shall deem it necessary, to examine the books, accounts, securities and all property belonging to any title insurance company incorporated under the laws of this state, in order to satisfy himself as to the value of the assets of said company and that such company has complied with the provisions of this act, and if he finds that the assets of said company are not of the value of at least $100,000, or that said company is not complying with such provisions, he shall give notice to such company to immediately repair its capital, or fully comply with the terms of this act, and shall refuse or revoke his certificate of authority to such company to do business in this state until such time as said company shall have fully complied therewith. If any such company shall refuse to permit such examination the controller shall refuse or revoke his certificate of authority to such company. The controller shall have power to examine any officer, agent, or employee of such company, under oath, and require answers in writing, with reference to the financial condition of said company.
Sec. 4. This act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 124κ
Assembly Bill No. 142Messrs. Capurro and Swackhamer
CHAPTER 105
AN ACT to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the sale of cigarettes into and within the State of Nevada; to provide for the issuance of wholesalers licenses; to impose a stamp tax on the sale of cigarettes, to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same; the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters properly relating thereto; to provide penalties for the violation thereof, and to repeal all acts or parts of acts in conflict herewith, approved March 27, 1947, as amended.
[Approved March 15, 1951]
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 6528.01, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. The word cigarette as used in this act means all rolled tobacco or substitute therefor wrapped in paper or any substitute other than tobacco. The word person means one or more people, a corporation, or a partnership. The word consumer means a person who comes into possession of cigarettes for the purpose of consuming them in any way other than by sale, barter, or exchange. Supervisor means the agent of the cigarette tax division of the Nevada tax commission.
Sec. 2. Section 3 of the above-entitled act, being section 6528.03, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 3. The state tax commission shall design a suitable stamp or stamps for the purpose of this act and which shall contain the words, Nevada cigarette revenue stamp, and they shall from time to time have printed so many thereof as may be required.
Sec. 3. Section 3 of the above-entitled act is further amended by inserting therein a new section numbered section 3.1, to follow immediately after section 3, and to read as follows:
Section 3.1. Any person who, with intent to defraud the state, shall make, alter, forge or counterfeit any license, permit, stamp or cigarette tax meter impression provided for in this act, or who shall have in his possession any forged, counterfeited, spurious or altered license, permit, stamp or cigarette tax meter impression, with intent to use the same, knowing or having reasonable grounds to believe the same to be such, or shall have in his possession one or more cigarette stamps or cigarette tax meter impressions which he knows have been removed from the pieces or packages of cigarettes to which they were affixed, or who affixes to any piece or package of cigarettes a stamp or cigarette tax meter impression which he knows has been removed from any other piece or package of cigarettes shall, upon conviction thereof, be fined not less than one hundred dollars nor more than one thousand dollars or shall be imprisoned in the penitentiary not less than one year nor more than three years.
κ1951 Statutes of Nevada, Page 125 (CHAPTER 105, AB 142)κ
thereof, be fined not less than one hundred dollars nor more than one thousand dollars or shall be imprisoned in the penitentiary not less than one year nor more than three years.
Sec. 4. Section 8 of the above-entitled act, as amended, being section 6528.08, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 8. No person shall give, sell or offer to give or sell any cigarettes in the State of Nevada unless there be affixed to each of the packages, packets, or containers, adhesive Nevada cigarette revenue stamps or a similar stamp affixed by a metered stamping machine approved by and registered with the Nevada tax commission, and the use of which shall be subject to rules and regulations as prescribed by said commission, in the following denominations, except as hereinafter provided: In packages containing twenty (20) cigarettes or less, three (3’) cents per package; in packages containing over twenty (20) and not exceeding thirty (30) cigarettes, five (5’) cents per package; in packages containing over thirty (30) and not exceeding forty (40) cigarettes, six (6’) cents per package; in packages containing over forty (40) and not exceeding fifty (50) cigarettes, seven (7’) cents per package; and three (3’) cents additional for each twenty (20) cigarettes or fraction thereof contained in any package. From and after July 1, 1949, following the operation of this act, dealers with stock on hand shall apply to the sheriff of the proper county for the number and kind of stamps necessary to stamp the stock then on hand. Each dealer shall affix to the package Nevada revenue stamps as required by this act; thereafter, none but licensed wholesalers may buy any stamps except as hereinafter provided; provided, however, that the tax now imposed by law on the sale of cigarettes shall remain in full force and effect until July 1, 1949, the effective date of this act.
Sec. 5. The above-entitled act is further amended by inserting therein a new section numbered section 9.1, to follow immediately after section 9, and to read as follows:
Section 9.1. No unstamped cigarettes can lawfully be accepted or held in the possession of a retail cigarette dealer.
Sec. 6. Section 10 of the above-entitled act, being section 6528.10, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 10. The state tax commission of the State of Nevada is hereby authorized to obtain and issue all licenses and to have printed and sell the stamps herein provided, upon receiving payment therefor, to any person in the State of Nevada duly authorized as a wholesaler as defined by the terms of this act or to a unit or instrumentality of the federal government for placement on cigarettes sold to civilians, whether its employees or not, or to manufacturers or distributors of cigarettes who wish to distribute samples or gifts of cigarettes containing more than five (5) cigarettes per package. The state tax commission of the State of Nevada is further authorized to appoint the sheriff of any county of the State of Nevada to act as its agent in the sale of said stamps, and the said sheriffs are hereby required to serve as such agents with no additional compensation, and make a return of all receipts therefrom to the county treasurer of his county immediately upon collection thereof, and the said county treasurer shall remit on the first day of each month all moneys so received to the Nevada tax commission.
κ1951 Statutes of Nevada, Page 126 (CHAPTER 105, AB 142)κ
as such agents with no additional compensation, and make a return of all receipts therefrom to the county treasurer of his county immediately upon collection thereof, and the said county treasurer shall remit on the first day of each month all moneys so received to the Nevada tax commission.
Sec. 7. The above-entitled act is further amended by inserting therein a new section numbered section 10.1, to follow immediately after section 10, and to read as follows:
Section 10.1. The tax commission may by rule or regulation provide for payment of tax by manufacturers without the use of stamps on gifts or samples sent into Nevada when plainly marked, tax paid.
Sec. 8. Section 12 of the above-entitled act, being section 6528.12, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 12. The state tax commission and its agents is authorized and directed in the selling of any of the cigarette stamps to licensed wholesaler to allow such purchaser a discount of seven (7%) percent of said purchase price for the services rendered by said wholesaler in affixing the cigarette revenue stamps to the cigarette packages.
Sec. 9. Section 13 of the above-entitled act, being section 6528.13, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 13. No Nevada cigarette revenue stamp shall be used or affixed to any such package, packet, or container unless the United States government tax stamp upon the same has been heretofore affixed. Such stamps shall be affixed firmly to the package containing the cigarettes requiring the affixing of such stamp as hereinabove provided. Every manufacturer, distributor, wholesaler or retailer making a sale, or sales, to ultimate consumers, shall at the time of such sale, see that each package, packet, or container has the Nevada cigarette revenue stamp or stamps properly affixed to each and every package, packet, or container, except as otherwise provided.
Sec. 10. Section 14 of the above-entitled act, as amended, being section 6528.14, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 14(a). No stamp tax shall be required on any cigarettes exported from Nevada. Each wholesale dealer may set aside such portion of his stock of cigarettes as is not intended to be sold or given away in this state and it will not be necessary to affix the above-mentioned stamps or tax impressions. Upon proof satisfactory to the Nevada tax commission refund shall be allowed for the face value of the stamp tax paid, less any discount previously allowed on any such stamp tax so paid, upon cigarettes that are sold to the United States government for army, air force, navy, or marine purposes and which shall be shipped from a point within this state to a place which has been lawfully ceded to the United States government for army, air force, navy, or marine purposes, or which shall be sold to veterans hospitals for distribution or sale to disabled service or ex-service men interned therein but not to civilian or civilian employees, and such refund shall be paid as other claims against the state are paid.
(b) No stamp tax shall be required respecting any cigarettes obtained from a wholesaler licensed under this act for sale at retail in cases where federal immunity from taxation exists, including among others the case to qualified customers or patrons of post exchanges, officers messes and federalized territory within the state for whose benefit such post exchanges, officers messes or enclaves shall have been set up.
κ1951 Statutes of Nevada, Page 127 (CHAPTER 105, AB 142)κ
obtained from a wholesaler licensed under this act for sale at retail in cases where federal immunity from taxation exists, including among others the case to qualified customers or patrons of post exchanges, officers messes and federalized territory within the state for whose benefit such post exchanges, officers messes or enclaves shall have been set up. Retailers shall not sell cigarettes to persons who are not beneficiaries of such immunity without making provision for paying the tax due thereon in the manner following.
Retailers customarily selling some part of their stock of goods to civilians and others not beneficiaries of federal immunity shall purchase a supply of three-cent Tax Due stickers or stamps and on making such exceptional sales affix the proper stamps on the package when sold. Superfluous stamps may be returned to the tax commission from time to time for redemption at face value.
Sec. 11. The above-entitled act is further amended by inserting therein a new section numbered section 16.1, to follow immediately after section 16, and to read as follows:
Section 16.1. If any licensee or any shipper of cigarettes which requires a tax be paid on such cigarettes fails to make report to the tax commission or its agents on or before due date, the commission may suspend such license or permit until reports are received and found correct.
Sec. 12. The above-entitled act is further amended by inserting therein a new section numbered section 18.1, to follow immediately after section 18, and to read as follows:
Section 18.1. Any spoiled or unused stamps in the hands of the supervisor shall be destroyed upon the written authorization of the board of examiners, setting forth the number, denomination and face value of the same. Such authorization shall relieve the supervisor from accountability in the amount thereof.
Sec. 13. Section 20 of the above-entitled act is hereby repealed.
________
Assembly Bill No. 143Mr. Capurro
CHAPTER 106
AN ACT to repeal section 2 of an act entitled An act to provide revenue for the support of the government of the State of Nevada and to repeal all acts and parts of acts in conflict herewith, approved March 22, 1915, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 6665, 1929 N. C. L. 1941 Supp., is hereby repealed.
________
κ1951 Statutes of Nevada, Page 128κ
Senate Bill No. 8Senator Horlacher
CHAPTER 107
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 489 of the above-entitled act, being section 8978, N. C. L. 1929, is hereby amended to read as follows:
Section 489. A subpena may require not only the attendance of the person to whom directed, at a particular time and place, to testify as a witness, but may also require him to bring with him any books, documents, or other things under his control, to be used as evidence. The person so subpenaed shall be required to attend as a witness before any court, judge, referee, or other officer, at any place within the State of Nevada expressly specified in the subpena; provided, that such witness shall have the right to demand payment in advance of his fees for one days attendance, and his mileage as provided by law to the place specified in the subpena.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 48Committee on Taxation
CHAPTER 108
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 147 of the above-entitled act, being section 3656.147, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 129 (CHAPTER 108, SB 48)κ
Section 147. Procedure for Issuance of Agents License. The commissioner shall issue an agents license to an applicant when he has satisfied himself upon evidence presented and recorded as to the integrity of the applicant and that said applicant has qualified in the following respects to hold a license:
(a) That the applicant has been a bona fide resident of the State of Nevada for three (3) months immediately prior to the filing of the application; provided, that any nonresident applicant who is otherwise qualified under, may obtain a nonresident agents license upon payment of the fee specified in section 60 of this act; provided, that life, health, and bodily accident companies and their agents need not qualify in this respect.
(b) That the application provided for by section 145 has been filed with and approved by the commissioner.
(c) When a qualified company has filed with the commissioner a requisition, the form of which will be prescribed by the commissioner, for such license.
(d) That the company has paid for each applicant the fee provided for in section 60.
(e) Each applicant for a license to act as an agent for life, accident, and health insurance, being the type of insurance enumerated in class 1 of section 5 of this act and as hereinafter defined; for casualty, fidelity, and surety insurance, being the type of insurance enumerated in class 2, section 5 of this act and as hereinafter defined; for fire, marine and other kinds of insurance, being the type of insurance enumerated in class 3, section 5 of this act, and as hereinafter defined, within this state, shall submit to a personal written examination to determine his competence with respect to the kind of business for which the license is sought, and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the satisfaction of the commissioner; except that no written examination shall be required of:
(1) An applicant for a renewal license, or any individual who is now licensed as an insurance agent;
(2) An applicant who is a ticket-selling agent or other representative of a public carrier and who shall act under restricted license only as an agent with respect to accident insurance tickets covering risks of travel;
(3) In the discretion of the commissioner, an applicant whose license to do business or act as a life insurance agent in this state was suspended less than one (1) year prior to the date of application.
(f) The commissioner may establish rules and regulations with respect to the scope, type and conduct of, such written examinations and the times and places within this state when they shall be held; provided, that applicants shall be permitted to take such examinations at least once in each month at the principal office of the commissioner.
(g) No person who shall have taken and failed to pass two examinations given pursuant to this section shall be entitled to take any further examination until after the expiration of six (6) months from the date of last examination in which he failed.
κ1951 Statutes of Nevada, Page 130 (CHAPTER 108, SB 48)κ
the date of last examination in which he failed. If such person shall thereafter fail to pass two more such examinations, he shall not be eligible to take any further examination until the expiration of one (1) year from the date of his last unsuccessful examination. An examination fee shall be paid for each and every examination.
(h) Any person, partnership, association, or corporation may be licensed as an insurance agent upon compliance with the requirements of law; provided, however, that any articles of partnership, association, or incorporation shall authorize the applicant specifically to engage in such business. The application for a license by, and the license issued to, a partnership, association, or corporation shall name all members of such group, the persons, officers, directors, or stockholders thereof who are authorized to act as agent or agents thereunder, and no such license shall be issued unless and until the persons named in the application as being so authorized have qualified for individual licenses as hereinbefore provided.
(i) In case of applicants required to take an examination, as in this section provided, the application shall be accompanied by an examination fee in the amount of ten ($10) dollars, in addition to the license fee required under section 60. In the event an applicant fails to qualify for, or is refused, a license, the license fee shall be returned; the examination fee shall not be returned for any reason, and shall be deposited in the general fund.
(j) The insurance commissioner may issue a temporary license or a certificate of convenience to any applicant for an insurance license, which temporary license shall be for a period not to exceed forty-five (45) days and shall not be renewable. The insurance commissioner shall have prepared for the use of any applicant, a complete and comprehensive booklet containing the information on which the written examination will be based, so that the applicant can study the insurance business in preparation for the examination provided above.
Sec. 2. Section 149 of the above-entitled act, being section 3656.149, Nevada Compiled Laws 1943-1949 Supplement, is hereby amended to read as follows:
Section 149. Procedure for Issuing Nonresident Brokers License. The commissioner shall issue a nonresident brokers license to an applicant when:
(1) The applicant has shown by a statement from the proper official of his state of domicile that he is authorized to do business as an insurance broker in such state. The commissioner may in his discretion enter into a reciprocal arrangement with the officer having jurisdiction of insurance business in any other state, to accept in lieu of the examination of such an applicant residing therein as hereinafter required, a certificate of such officer to the effect that the applicant is licensed as an insurance broker or agent in such state and has complied with its qualifications and standards in respect to the following:
(a) Experience or training;
(b) Reasonable familiarity with the broad principles of insurance licensing and regulatory laws and with the provisions, terms and conditions of the type or types which the applicant proposes to transact;
κ1951 Statutes of Nevada, Page 131 (CHAPTER 108, SB 48)κ
conditions of the type or types which the applicant proposes to transact;
(c) A fair and general understanding of the obligations and duties of an insurance broker or agent;
(2) The applicant has paid an annual license fee as provided for in section 60.
(3) The applicant shall have successfully passed an examination given by the insurance commissioner showing his fitness and qualifications to be a broker within the State of Nevada. Such examination as set forth above shall be given at six-month intervals, the first examination so required to be given in the month of June 1949 and at six-month intervals thereafter; except that at any time after receipt of such application the commissioner may, in his discretion, forward the examination paper or papers to the insurance supervisory authority of the state in which the applicant has his domicile for the purpose of having such official administer the taking of the examination by such applicant in accordance with the instructions of the commissioner. In such event, the examination paper or papers shall be returned to and be graded by the commissioner for the purpose of determining whether the applicant has passed.
(4) In case of applicants required to take an examination, as in this section provided, the application shall be accompanied by an examination fee in the amount of ten ($10) dollars, in addition to the license fee required under section 60. In the event an applicant fails to qualify for, or is refused, a license, the license fee shall be returned; the examination fee shall not be returned for any reason, and shall be deposited in the general fund.
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
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Senate Bill No. 100Committee on State and County Affairs
CHAPTER 109
AN ACT to amend an act entitled An act to create a board of county commissioners in the several counties of this state and to define their duties and powers and qualifications, defining certain duties of county auditors as regards their accountability to the boards of county commissioners, and prescribing the duties of such county auditors as regards a monthly detailed report to certain school districts as to the condition of the funds of such districts, prescribing certain duties of the district attorneys, and other matters properly relating thereto, approved March 8, 1865, as amended.
[Approved March 15, 1951]
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 1943, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 9. Every demand against the county, except the salaries of the district judge or judges, and the elective officers of the county, whose salaries are fixed by law, shall be acted upon by the county commissioners, and allowed or rejected in order of presentation, and must, after having been approved by the board of county commissioners, said approval to consist of a written approval of at least two members of the board of county commissioners, before it can be paid, be presented to the county auditor to be allowed, who shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the treasury is authorized by law, and out of what fund.
κ1951 Statutes of Nevada, Page 132 (CHAPTER 109, SB 100)κ
whose salaries are fixed by law, shall be acted upon by the county commissioners, and allowed or rejected in order of presentation, and must, after having been approved by the board of county commissioners, said approval to consist of a written approval of at least two members of the board of county commissioners, before it can be paid, be presented to the county auditor to be allowed, who shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the treasury is authorized by law, and out of what fund. If he allow it, he shall endorse upon it the word allowed, with the name of the fund out of which it is payable, with the date of such allowance, and sign his name thereto, and draw his warrant on the county treasury for the amount allowed. No demand shall be approved, allowed, audited, or paid unless each several item, date, and value composing it be endorsed upon the same, by the order of the board of county commissioners, together with a reference to the law, order, contract, or authority, by title, date, and section, authorizing the same.
Sec. 2. This act shall become effective from and after its passage and approval.
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Senate Bill No. 69Committee on Agriculture and Irrigation
CHAPTER 110
AN ACT to amend an act entitled An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineers office; providing that the district court may appoint the state engineer and his assistants officers of the court to administer final water decrees in certain cases; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts and certain acts in conflict with this act, approved March 22, 1913, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 36 1/2 of the above-entitled act, being section 7926, N. C. L. 1929, is hereby amended to read as follows:
Section 36 1/2. From and after the filing of the order of determination in the district court the distribution of water by the state engineer or by any of his assistants or by the water commissioners or their assistants shall, at all times, be under the supervision and control of the district court, and said officers and each of them shall, at all times be deemed to be officers of the court in distributing water under and pursuant to the order of determination or under and pursuant to decree of the court.
κ1951 Statutes of Nevada, Page 133 (CHAPTER 110, SB 69)κ
decree of the court. Upon the neglect or refusal of any claimant to the use of water as provided in this act to carry out or abide by an order or decision of the state engineer acting as an officer of the court, the state engineer may petition the district court having jurisdiction of the matter for a review of such order and cause to be issued thereon an order to show cause why the said order and/or decision should not be complied with. The order to show cause shall be personally served on the claimant or claimants complained of who shall appear and show cause on the day fixed in the courts order so to do. The hearing on the petition and order to show cause shall be informal and summary in character, with full opportunity afforded each party to present its case. Appeals from the judgment may be taken to the supreme court in like manner as appeals in other civil cases; provided, notice of appeal must be served and filed within forty days from the entry of this judgment.
Sec. 2. Section 52 of said act, being section 7937, N. C. L. 1929, as amended by chapter 159, page 519, Statutes of 1947, is hereby amended to read as follows:
Section 52. (a) There shall be appointed by the governor, on the recommendations of the state engineer, one or more commissioners for any stream system or water district subject to regulation and control by the state engineer. The duties and salary of such water commissioners shall be fixed by the state engineer and shall be paid by the State of Nevada out of a fund as hereinafter provided.
(b) The state engineer 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 the stream system or each water district for the then current year. Said budget shall be prepared and show the following detail: The aggregate amount estimated to be necessary to pay the expenses of said stream system or district; the aggregate water rights in the stream system or district as determined by the state engineer or the court, the unit charge necessary to provide the funds required, and the charge against each water user which shall be based upon the proportion which his water right bears to the aggregate water rights in the stream system; provided, however, that the minimum charge shall be one dollar.
When the stream system lies in more than one county, a separate budget shall be prepared for each county showing only the claimants and charges assessable within the county. Upon receipt of such budget by the board of county commissioners, it shall be their duty to certify the respective charges contained therein to the assessor, and it shall be the duty of such assessor to enter the amount of such charge or charges on the assessment roll against said claimants and the property or acreage served. It shall be the duty of the proper officers of the county to collect such special tax as other special taxes are levied and collected, and such charge shall be a lien upon the property so served, and shall be collected in the same manner as other taxes are collected. The taxes and charges hereinabove provided for, when collected, shall be deposited with the state treasurer of Nevada, in the same manner as other special taxes, in a fund in the state treasury which shall be known as water distribution funds.
κ1951 Statutes of Nevada, Page 134 (CHAPTER 110, SB 69)κ
collected, shall be deposited with the state treasurer of Nevada, in the same manner as other special taxes, in a fund in the state treasury which shall be known as water distribution funds. All bills against said fund in the state treasury shall be certified by the state engineer or his assistant, and, when so certified and approved by the state board of examiners, the state controller is authorized to draw his warrant therefor against such water distribution funds; provided, that no advances shall be made from a stream system fund that has been depleted until such advances are reimbursable from the proceeds of any tax levies levied against the particular stream system or water district for which any claims are presented. Any moneys remaining in the water distribution funds at the end of the current year shall remain in such fund and be available for use in the following year. The state controller shall keep separate accounts of the funds for each stream system or water district received from the various counties within which the stream system or district is located, and shall not draw warrants against a water district fund until he has been notified by the state engineer that assessments have been filed with the county commissioners, as herein required, that will return to the State of Nevada funds advanced by the state out of a fund hereinafter provided.
(c) The distribution funds herein provided for shall be used exclusively for expenses incurred in the administration, operation and maintenance of the particular stream system from which the funds were budgeted and collected.
The term expenses referred to in this section shall include salaries, hydrographic surveys, per diem, car rental, equipment, including necessary automobiles, supplies and materials incidental to the proper administration and distribution of water.
The state engineer may appoint an engineer, who is qualified in hydrographic and water distribution experience, to work in a supervisory capacity on water distribution and regulation service upon all adjudicated stream systems within the state. While engaged in such work, the salary and expenses of said engineer shall be charged to the particular adjudicated stream system receiving such service upon the basis of time occupied and expenses incurred in the work, and payment shall be made out of the water distribution fund provided for said adjudication stream system. When said engineer is not engaged in water distribution, additional work may be allotted to him by the state engineer, and payment therefor shall be from other funds available to the office of the state engineer.
Sec. 3. Section 54 of said act, being section 7939, N. C. L. 1929, is hereby amended to read as follows:
Section 54. It shall be the duty of the state engineer to divide or cause to be divided the waters of the natural streams or other sources of supply in the state among the several ditches and reservoirs taking water therefrom, according to the rights of each, respectively, in whole or in part, and to shut or fasten, or to cause to be shut or fastened, the head gates or ditches, and to regulate, or cause to be regulated, the controlling works of reservoirs, as may be necessary to insure a proper distribution of the waters thereof.
κ1951 Statutes of Nevada, Page 135 (CHAPTER 110, SB 69)κ
the head gates or ditches, and to regulate, or cause to be regulated, the controlling works of reservoirs, as may be necessary to insure a proper distribution of the waters thereof. Such state engineer shall have authority to regulate the distribution of water among the various users under any ditch or reservoir, whose rights have been adjudicated, or whose rights are listed with the clerk of any district court of this state pursuant to the terms of this act, actual cost of such regulation being paid by the ditch or reservoir receiving such service. Whenever, in pursuance of his duties, the water commissioner regulates a head gate to a ditch or the controlling works of reservoirs it shall be his duty to attach to such head gate or controlling works a written notice properly dated and signed, setting forth the fact that such head gate or controlling works has been properly regulated and is wholly under his control, and such notice shall be a legal notice to all parties interested in the diversion and distribution of the water of such ditch or reservoir. Such water commissioner shall have the right of ingress and egress across and upon public, private or corporate lands at all times in the exercise of his duties. It shall be the duty of the district attorney to appear for or in behalf of the state engineer, or his duly authorized assistants, in any case which may arise in the pursuance of the official duties of any such officer within the jurisdiction of said district attorney.
Sec. 4. That said act is hereby further amended by inserting therein a new section numbered 56 1/2 to follow immediately after section 56, i.e., section 7941, N. C. L. 1929, as amended, reading as follows:
Section 56 1/2. The state engineer shall have the right, power and authority to order the removal of any dam, diversion works or obstruction that has been placed in any stream channel or water course when such dam, diversion works or obstruction has not been legally established and recognized through a valid claim of vested right, by decree of court or by permit issued by the State of Nevada. Nothing in this act shall be construed as giving the state engineer any right or authority to remove any dam or diversion works that has been so legally recognized and established. If the dam, diversion works or obstruction has not been removed after thirty (30) days notice in writing given by the state engineer and served upon the owner and/or person controlling such dam, diversion works or obstruction, or if no appeal has been taken from the order of the state engineer as is provided for in section 75 of this act, then the state engineer may remove such dam, diversion works or obstruction, and he shall charge the actual cost of such removal to the water distribution fund of the proper district as provided in section 52 of this act and thereafter present an itemized statement of such charge to the county commissioners of the county wherein said expenses were incurred. Said commissioners shall thereupon present a bill for the said expenses to the person liable therefor under this section, and if such person shall neglect for thirty days thereafter to pay the same, such bill and costs shall be and become a lien upon the lands and property of the person so liable for the payment of said bill, and shall be collected as delinquent taxes against said lands and property are collected.
κ1951 Statutes of Nevada, Page 136 (CHAPTER 110, SB 69)κ
and costs shall be and become a lien upon the lands and property of the person so liable for the payment of said bill, and shall be collected as delinquent taxes against said lands and property are collected.
Sec. 5. Section 59 of said act, being section 7944, N. C. L. 1929, is hereby amended to read as follows:
Section 59. Any corporation authorized to do business in this state, or any person, as defined in section 48 of this act, or any citizen of the United States, or any person who has legally declared his intention to become such, over the age of twenty-one years, desiring to appropriate any of the public waters, or to change the place of diversion, manner of use or place of use of water already appropriated, shall, before performing any work in connection with such appropriation, change in place of diversion or change in manner of place of use, make an application to the state engineer for a permit to make the same; provided, that any person under the age of twenty-one years who has served or shall hereafter serve in the army of the United States during the present emergency shall be entitled to the same rights hereunder as others over twenty-one years of age possess; provided, further, that no assignment of any water permit or application shall be valid for any purpose unless made to one authorized hereunder to acquire the same in the first instance.
No application shall be for the water of more than one source to be used for more than one purpose; provided, however, that individual domestic use may be included in any application with the other use named. Each application for a permit to appropriate water shall contain the following information:
(a) The name and post-office address of the applicant, and if the applicant be a corporation, the date and place of incorporation.
(b) The name of the source from which the appropriation is to be made.
(c) The amount of water which it is desired to appropriate, expressed in terms of cubic feet per second, except in application for permit to store water, where the amount shall be expressed in acre-feet.
(d) The purpose for which the application is to be made.
(e) A substantially accurate description of the location of the place at which the water is to be diverted from its source, and if any of such water is to be returned to the source, a description of the location of the place of return.
(f) A description of the proposed works.
(g) The estimated cost of such works.
(h) The estimated time required to construct said works, and the estimated time required to complete the application of the water to beneficial use.
(j) The signature of the applicant or his properly authorized agent.
In addition to the foregoing, the application shall contain, if for irrigation purposes, except in case of application for permit to store water, the number of acres to be irrigated and a description by legal subdivisions, where possible, of the lands to be irrigated; if for power purposes, the vertical head under which the water will be applied, the location of the proposed power-house, and, as near as may be, the use to which the said power is to be applied; if for municipal supply, or for domestic use, the approximate number of persons to be served, and the approximate future requirement; if for mining purposes, the proposed method of applying and utilizing the water; if for stock-watering purposes, the approximate number and character of animals to be watered; if for any purpose contemplating the storage of waters, in addition to the information required in applications naming the said purpose, it shall give the dimensions and location of the proposed dam, the capacity of the proposed reservoir and a description of the land to be submerged by the impounded waters.
κ1951 Statutes of Nevada, Page 137 (CHAPTER 110, SB 69)κ
purposes, the vertical head under which the water will be applied, the location of the proposed power-house, and, as near as may be, the use to which the said power is to be applied; if for municipal supply, or for domestic use, the approximate number of persons to be served, and the approximate future requirement; if for mining purposes, the proposed method of applying and utilizing the water; if for stock-watering purposes, the approximate number and character of animals to be watered; if for any purpose contemplating the storage of waters, in addition to the information required in applications naming the said purpose, it shall give the dimensions and location of the proposed dam, the capacity of the proposed reservoir and a description of the land to be submerged by the impounded waters. Every application for permit to change the place of diversion, manner of use or place of use of water already appropriated, shall contain such information as may be necessary to a full understanding of the proposed change as may be required by the state engineer. All applications for permit shall be accompanied or followed by such maps and drawings and such other data as may hereafter be prescribed by the state engineer, and such accompanying data shall be considered a part of the application.
Sec. 6. Section 61 of said act, being section 7946, N. C. L. 1929, is hereby amended to read as follows:
Section 61. When application is filed in compliance with this act the state engineer shall, within thirty (30) days, at the expense of the applicant, to be paid in advance as herein provided, publish or cause to be published, in some newspaper having a general circulation, and printed and published in the county where such water is sought to be appropriated, a notice of the application, which shall set forth that said application has been filed, the date of said filing, the name and address of the applicant, the name of the source from which the appropriation is to be made, the location of the place of diversion, and the purpose for which said water is to be appropriated, to which shall be added by the publisher the date of first publication, and the date of last publication. Upon proof of such publication, which must be filed within thirty (30) days from the date of the last publication, the state engineer shall pay for the same from moneys deposited by the applicant for such purpose; provided, however, that if the application is cancelled for any reason before it is published the fee of fifteen ($15) dollars, collected for said publication, shall be returned by the state engineer to said applicant.
Sec. 7. Section 62 of said act, being section 7947, N. C. L. 1929, is hereby amended to read as follows:
Section 62. Any person interested may, within thirty (30) days from the date of last publication of said notice of application, file with the state engineer a written protest against the granting of said application, setting forth with reasonable certainty the grounds of such protest, which shall be verified by the affidavit of the protestant, his agent or attorney. On receipt of a protest, as hereinbefore provided, it shall be the duty of the state engineer to advise the applicant whose application has been protested of the fact that said protest has been filed with him, which advice shall be sent by registered mail.
κ1951 Statutes of Nevada, Page 138 (CHAPTER 110, SB 69)κ
application has been protested of the fact that said protest has been filed with him, which advice shall be sent by registered mail. The state engineer shall duly consider the said protest, and may, in his discretion, hold hearings and require the filing of such evidence as he may deem necessary to a full understanding of the rights involved; provided, however, that no hearing thereon shall be had except after due notice by registered mail to both the applicant and protestant, which notice shall give the time and place at which the said hearing is to be held, which notice shall be mailed at least fifteen days prior to the date set for said hearing. Said hearings shall be conducted under such rules and regulations as the state engineer may make, which he is hereby empowered to make for the proper and orderly exercise of the powers conferred herein; provided, that technical rules of evidence shall not be deemed to apply.
Sec. 8. Section 65 of said act, being section 7950, N. C. L. 1929, is hereby amended to read as follows:
Section 65. In his endorsement of approval upon any application the state engineer shall set a time prior to which actual construction work shall begin, which shall not be more than one year from the date of such approval; and that the work shall be prosecuted diligently and uninterruptedly to completion unless temporarily interrupted by the elements; a time prior to which the construction of the said works must be completed, which shall be within five years of the date of such approval, and a time prior to which the complete application of water to a beneficial use must be made, which time shall not exceed ten years from the date of the said approval. He may limit the applicant to a less amount of water than that applied for, to a less period of time for the completion of work, and a less period of time for the perfecting of the application than named in the application. The state engineer shall have authority, for good cause shown, to extend the time within which construction work shall begin, within which construction work shall be completed, or water applied to a beneficial use under any permit therefor issued by said state engineer; provided, however, that application for such extension must in all cases be made within thirty days following notice by registered mail that proof of such work is due as provided for in sections 67 and 69 of this act.
Sec. 9. Section 67 of said act, being section 7952, N. C. L. 1929, is hereby amended to read as follows:
Section 67. It shall be the duty of any person holding a permit from the state engineer, on or before thirty (30) days after the date set for the commencement of work as endorsed thereon, and at other times required by the state engineer, to file with the state engineer the statement setting forth the time when, the place where, and the amount of such work as may have been performed by him thereunder in connection with such appropriation, and it shall be the further duty of the applicant within thirty (30) days after the date set for the completion of such work to file in detail, a description of said works as actually constructed, which statement shall be verified by the affidavit of the applicant, his agent, or his attorney.
κ1951 Statutes of Nevada, Page 139 (CHAPTER 110, SB 69)κ
Should any applicant fail, prior to the date set for such filing in his permit to file with the state engineer proof of commencement of work, or should the said applicant fail to file within thirty (30) days of the date set prior to which proof of completion of the work must be made, said proof of completion of work, as hereinbefore provided, the state engineer shall, in either case, advise the holder of said permit, by registered mail, that the same is held for cancelation, and should the said holder within thirty (30) days after the mailing of such advice fail to file the required affidavit with the state engineer, the said permit shall be canceled and no further proceedings shall be had thereunder; provided, however, that for good cause shown, upon application made prior to the expiration of said thirty (30) day period, the state engineer may, in his discretion, grant an extension of time in which to file said instruments.
Sec. 10. Section 69 of said act, being section 7954, N. C. L. 1929, is hereby amended to read as follows:
Section 69. On or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the state engineer under a proper application for extension therefor, it shall be the duty of any person holding a permit from the state engineer to appropriate the public waters of the State of Nevada, to change the place of diversion, or the manner of place of use, to file with the state engineer a statement under oath, on a form prescribed by the state engineer, which statement shall include:
(1) The name and post-office address of the person making such proof.
(2) The number and date of the permit for which proof is made.
(3) The source of water supply.
(4) The name of the canal or other works by which the water is conducted to the place of use.
(5) The name of the original person to whom the permit was issued.
(6) The purpose for which the water is used.
(7) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used; giving the same by forty (40) acre legal subdivisions when possible.
(8) An actual measurement (taken by some competent person, giving the name of said person) of the water diverted for such use.
(9) The capacity of the works of diversion.
(10) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.
(11) The average grade and difference in elevation between the termini of such conduit.
(12) The number of months, naming them, in which water has been beneficially used.
(13) The amount of water beneficially used, taken from actual measurements by some competent person, naming said person, together with such other data as the state engineer may require to acquaint himself with the amount of the appropriation for which said proof is filed.
κ1951 Statutes of Nevada, Page 140 (CHAPTER 110, SB 69)κ
filed. The state engineer may in his discretion, request that said statement be accompanied by a map on tracing linen on a scale of not less than one thousand feet to the inch, which shall show with substantial accuracy the following:
(1) The point of diversion by legal subdivisions or by metes and bounds from some corner, when possible, from the source of supply.
(2) The traverse of the ditch or other conduit, together with cross-sections of same.
(3) The legal subdivisions of the land embraced in the application for permit and the outline by metes and bounds of the irrigated area, with the amount thereof.
(4) The average grade and the difference in elevation of the termini of the conduit, and the carrying capacity of same.
(5) The actual quantity of water flowing in the canal or conduit during the time said survey was being made.
Said map must bear the affidavit of the surveyor or engineer making such survey and map. In the event the survey and map are made by different persons the affidavit of each must be on the map, showing that the map as compiled agrees with said survey. Said map shall conform with such rules and regulations as the state engineer shall make, which rules shall not be in conflict herewith.
Should any applicant fail, prior to the date set for such filing in his permit, to file with the state engineer proof of application of water to beneficial use, and the accompanying map, if such map be required, the state engineer shall advise the holder of said permit, by registered mail, that the same is held for cancelation, and should the said holder within thirty days after the mailing of such advice fail to file the required affidavit and map, if such map be required, or either of them with the state engineer, the said permit shall be canceled and no further proceedings shall be had thereunder; provided, however, that for good cause shown, upon application made prior to the expiration of said thirty day period, the state engineer may, in his discretion, grant an extension of time in which to file said instruments.
Sec. 11. Section 75 of said act, being section 7961, N. C. L. 1929, is hereby amended to read as follows:
Section 75. Any person feeling himself aggrieved by any order or decision of the state engineer, acting in person or through his assistants or the water commissioner, affecting his interests, when such order or decision relates to the administration of determined rights or is made pursuant to sections 52 to 88, inclusive, of this act, may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which shall be initiated in the proper court of the county in which the matters affected or a portion thereof are situated; provided, however, that on stream systems where a decree of court has been entered, the action shall be initiated in the court that entered the decree. The proceedings in every case shall be heard and tried by the court, and shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced. And no such proceedings shall be entertained unless notice thereof, continuing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioners interests, shall have been served upon the state engineer, personally or by registered mail, at his office at the state capitol within thirty days following the rendition of the order or decision in question.
κ1951 Statutes of Nevada, Page 141 (CHAPTER 110, SB 69)κ
ceedings shall be entertained unless notice thereof, continuing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioners interests, shall have been served upon the state engineer, personally or by registered mail, at his office at the state capitol within thirty days following the rendition of the order or decision in question. A similar notice shall also be served personally or by registered mail upon the person or persons who may have been affected by such order or decision. Where evidence has been filed with, or testimony taken before, the state engineer, acting as aforesaid, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, shall be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of said transcript shall be furnished on demand, at actual cost, to any person affected by such order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the state engineer. No bond shall be required except a stay is desired, and the proceedings herein provided for shall not be a stay unless, within five days following the service of notice thereof, a bond shall be filed in an amount to be fixed by the court, with sureties satisfactory to such court, conditioned to perform the judgment rendered in such proceedings. Costs shall be paid as in civil cases brought in the district court, except by the state engineer or the state; and the practice in civil cases shall apply and be consistent with the informal and summary character of such proceedings, as herein provided. Appeals may be taken to the supreme court from the judgment of the district court in the same manner and with the same effect as in other civil cases, except that notice of appeal must be served and filed within sixty days from the entry of judgment. The decision of the state engineer shall be prima facie correct, and the burden of proof shall be upon the party attacking the same. Whenever it shall appear to the state engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, it shall be his duty to request the attorney general to appear and protect the interests of the state.
Sec. 12. The said act is hereby further amended by inserting therein a new section numbered 77 1/2 to follow immediately after section 77, i.e., section 7963, N. C. L. 1929, reading as follows:
Section 77 1/2. (a) Any person, firm, association or corporation proposing to construct a dam in any stream of water in this state shall, before beginning the work of such construction, obtain from the state engineer, or shall have theretofore obtained from him a permit to appropriate, store and/or use the water to be impounded by and/or diverted by such dam, and any such person, firm, association or corporation obtaining or possessing such permit, shall before constructing, reconstructing or altering in any way any dam notify the state engineer thereof and shall, where the proposed dam, or as the same may be reconstructed, is or will be ten feet or more in height or is less than ten feet in height and will impound more than ten acre-feet of water, submit to the state engineer in triplicate plans and specifications thereof for his approval thirty days before construction of such dam shall begin.
κ1951 Statutes of Nevada, Page 142 (CHAPTER 110, SB 69)κ
than ten feet in height and will impound more than ten acre-feet of water, submit to the state engineer in triplicate plans and specifications thereof for his approval thirty days before construction of such dam shall begin. The state engineer shall examine such plans and specifications and if he approves the same he shall return one copy of his approval to the applicant. If the state engineer disapproves any part of such plans and specifications he shall return the same to the applicant for correction or revision. The construction and use of any dam is prohibited prior to such official approval of the plans and specifications. The state engineer may at any time inspect or cause to be inspected the construction work while it is in progress in order to determine that it is being done in accordance with the approved plans and specifications.
(b) Any person beginning the construction of any such dam before approval of the plans and specifications by the state engineer, or without having given the state engineer thirty days advance notice of any proposed change, reconstruction or alteration thereof shall be guilty of a misdemeanor, and each day of violation of this section shall constitute a separate offense and be separately punishable. This provision shall apply to new construction, reconstruction and alteration of old structures. The provisions of this section relating to approval of plans and specifications and inspection of dams shall not apply to works constructed by the United States bureau of reclamation or the United States army corps of engineers; provided, however, that such federal agencies shall file duplicate plans and specifications with the state engineer.
(c) The state engineer from time to time shall make inspections of dams at state expense for the purpose of determining their safety, and shall require owners to perform at their expense such work as may be necessary to supply the state engineer with information as to the safety of such dams, and the owners shall perform at their expense any other work necessary to maintenance and operation which will safeguard life and property. If at any time the condition of any dam becomes so dangerous to the safety of life or property as not to permit sufficient time for the issuance and enforcement of an order relative to maintenance or operation thereof, the state engineer may, if he deems it necessary, immediately employ the following remedial measures to protect either life or property:
A. Lower the water level by releasing water from the reservoir.
B. Completely empty the reservoir.
C. Take such other steps as may be essential to safeguard life and property.
(d) Whenever an application for approval of plans and specifications for a new dam or for the alteration and enlargement of any dam in any stream in this state is filed with the state engineer, the state engineer shall file a copy of the application with the state fish and game commission. In the construction of a dam, or the alteration or enlargement of a dam, the owner shall conform with the provisions for the installation of fish-ways over or around dams and for the protection and preservation of fish in streams obstructed by dams as is now or hereafter may be provided by law.
κ1951 Statutes of Nevada, Page 143 (CHAPTER 110, SB 69)κ
protection and preservation of fish in streams obstructed by dams as is now or hereafter may be provided by law.
(e) The provisions of this section 77 1/2 shall not be construed as creating any liability for damages against the state and/or against its officers, agents and employees.
Sec. 13. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 101Senator Nores
CHAPTER 111
AN ACT to amend an act entitled An act concerning Lincoln County officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act, approved March 28, 1949.
[Approved March 15, 1951]
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 1, chapter 167, page 343, Statutes of 1949, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of the county of Lincoln, State of Nevada, is hereby fixed as follows, to be allowed, audited and paid monthly.
The county commissioners shall each receive fifteen hundred dollars ($1,500) per annum.
The county clerk, county recorder, county treasurer, county assessor and district attorney shall each receive thirty-six hundred dollars ($3,600) per annum.
The sheriff shall receive thirty-nine hundred dollars ($3,900) per annum.
Sec. 2. Section 2 of the above-entitled act, being section 2, chapter 167, page 343, Statutes of 1949, is hereby amended to read as follows:
Section 2. The sheriff may appoint such deputies as his office may, from time to time require, and as conditions of the county may demand, who shall receive monthly salaries to be fixed by the board of county commissioners not in excess of three hundred dollars ($300), to be allowed, audited and paid as salaries of other county officers; provided, that the sheriff may appoint other deputies who shall serve without compensation.
Sec. 3. Section 3 of the above-entitled act being section 3 chapter 167, page 343, Statutes of 1949, is hereby amended to read as follows:
Section 3. The district attorney, the county assessor, the county treasurer, the county clerk, and the county recorder may each employ a deputy, or deputies, when in their respective opinions the business of their offices requires and justifies the same at a salary to be set by the board of county commissioners, not in excess of two hundred dollars ($200) per month to be allowed, audited and paid as salaries of other county officers; provided, that the entire salaries paid such deputy or deputies in any one office shall not exceed twenty-eight hundred dollars ($2,800) in any one year.
κ1951 Statutes of Nevada, Page 144 (CHAPTER 111, SB 101)κ
of their offices requires and justifies the same at a salary to be set by the board of county commissioners, not in excess of two hundred dollars ($200) per month to be allowed, audited and paid as salaries of other county officers; provided, that the entire salaries paid such deputy or deputies in any one office shall not exceed twenty-eight hundred dollars ($2,800) in any one year.
Sec. 4. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 126Committee on Interstate Cooperation
CHAPTER 112
AN ACT to amend an act entitled An act providing for the organization of fire protection districts upon certain lands within the State of Nevada, providing for the regulation thereof, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 23, 1937, as amended.
[Approved March 15, 1951]
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 1929.07, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 7. The directors elected at the election herein provided for shall immediately enter upon their duties as such. They shall hold office respectively for a term of three years from and after their election and until their successors are elected and qualified; provided, that the first board of directors shall at their first meeting so classify themselves by lot that one of their number shall go out of office on the second Monday of April of the year next succeeding said first election, one thereof on the second Monday of April of the second year succeeding, and one thereafter on the second Monday of April on the third year succeeding. After such classification said directors shall organize as a board, shall elect a president from their number and appoint a secretary who shall each hold office during the pleasure of the board. After the first election, an election shall be held each year on the last Friday in March at which one director shall be elected; provided, that the board of directors shall have power, by resolution duly passed, to change the date for holding such election to a date to be named by such board, not more than 120 days after said last Friday in March. Notice of such elections shall be given by the board of directors by posting in three public places within the district for at least two weeks before the election. They shall also appoint the judges of election. Wherever practicable, the polling places used for school elections shall be designated. The elections shall be conducted in accordance with the provisions of the general election laws of the State of Nevada, except as in this act provided to the contrary. The judges of election shall, within twenty-four hours after holding said election, make returns and certify said votes, and the names of the persons voted for to the said board of directors, and within five days after the returns have been received by the board of directors, they shall count the votes, determine who has been elected, and forthwith issue certificates of election to the persons elected.
κ1951 Statutes of Nevada, Page 145 (CHAPTER 112, SB 126)κ
for to the said board of directors, and within five days after the returns have been received by the board of directors, they shall count the votes, determine who has been elected, and forthwith issue certificates of election to the persons elected.
Sec. 2. This act shall become effective immediately upon its passage and approval.
________
Senate Bill No. 18Committee on Education and State University
CHAPTER 113
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 14 of the above-entitled act, being section 6084.24, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 14. Time of Meeting. The state board of education shall meet at the call of the secretary, but shall hold at least four (4) meetings annually at the state capitol, and may hold special meetings at such other times and places as the board may direct. The secretary shall call meetings upon the written request of any three (3) members of the board, and the majority of the board shall constitute a quorum for the transaction of business.
The members of the state board of education shall receive no compensation for their services, but shall be allowed their traveling and subsistence expenses at the statutory rate, incurred in attending the meetings of the board, which expenses shall be approved by the state superintendent of public instruction and the state board of examiners, and shall be allowed and paid from the general fund as other claims against the state are allowed and paid.
Sec. 2. Section 23 of the above-entitled act, being section 6084.33, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 23. Office Deputy. The superintendent of public instruction shall have power under his hand and seal to appoint one (1) deputy in his office who shall have the same qualifications required of deputy superintendents; the deputy so appointed shall assist in the work of the office, and do such work as the state board of education or the state superintendent may direct under the laws of the state, and shall have the power to perform all duties now required by the superintendent of public instruction. Said deputy shall be allowed not to exceed five hundred ($500) dollars per annum for actual traveling and living expenses in the performance of his duties while absent from his place of residence. Salary and expenses shall be paid in the same manner and from the same fund as those of the superintendent of public instruction are paid.
κ1951 Statutes of Nevada, Page 146 (CHAPTER 113, SB 18)κ
same manner and from the same fund as those of the superintendent of public instruction are paid.
Sec. 3. Section 27 of the above-entitled act, being section 6084.37, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 27. Compensation of Deputy Superintendents. The compensation of each deputy superintendent of public instruction shall be paid out of funds appropriated by the legislature from the general fund in the same manner as the salaries of other state officers are paid. All claims for the traveling expenses, including the cost of transportation and cost of living, as fixed by law for state officers, of each deputy superintendent of public instruction while absent from his or her place of residence, together with necessary office expenses, shall be paid out of funds appropriated by the legislature from the general fund, whenever such claims shall be allowed by the state board of examiners; provided, that not more than nine hundred ($900) dollars shall be paid in settlement of claims for such traveling expenses of each deputy superintendent of public instruction during any one (1) year; that the office expenses of each of the deputy superintendents of public instruction for the first, second, and third educational supervision districts shall be paid out of funds appropriated by the legislature from the general fund, and not more than five hundred ($500) dollars for each such deputy shall be paid during any one (1) year in the settlement of such claims, and the office expenses of each deputy superintendent of public instruction for the fourth (4th) and fifth (5th) supervision district shall be paid out of the funds appropriated by the legislature from the general fund in settlement of such claims for office expenses in the amount not to exceed two thousand ($2,000) dollars for each deputy in any one (1) year.
Sec. 4. Section 180 of the above-entitled act, being section 6084.190, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 180. Further Provision for Apportionment of State Distributive School Fund-After Emergency Fund and State School Reserve Fund Are Set Aside-Minimum Salary for Certificated Employees.
1. Emergency School Fund-State School Reserve Fund. It shall be the further duty of the superintendent of public instruction, immediately after the state controller shall have made his semiannual report, to apportion the state distributive school fund among several counties of the state in the following manner:
After setting aside the sum of five thousand ($5,000) dollars as the emergency school fund, and not more than thirty thousand ($30,000) dollars as the state school reserve fund, in the manner provided in section 183 of this school code, he shall, beginning with July 1, 1947, and semiannually thereafter, apportion the state distributive school fund, subject to apportionments at the time, among the several counties in the state in the following manner:
κ1951 Statutes of Nevada, Page 147 (CHAPTER 113, SB 18)κ
2. Apportionment of Balance in State Distributive School Fund.
(a) Teacher Basis. After complying with the provisions of paragraph 1 of this section, the superintendent of public instruction shall apportion from the state distributive school fund among the several counties of the state in the following manner: He shall apportion eight hundred eighty-seven dollars and fifty cents ($887.50) for each teacher to which the county is entitled as provided in paragraph 1 of section 179 hereof; provided, that failure on the part of the board of trustees of any school district to pay a minimum annual salary of two thousand four hundred ($2,400) dollars to every full-time employee who is required to hold a Nevada teachers certificate shall result in the forfeiture of all of the next semiannual state apportionment for each teacher to which such district may be entitled under the provisions of this act.
(b) Pupil Basis. He shall apportion on a per capita basis from the state distributive school fund eight ($8) dollars for each pupil in average daily attendance, as shown by the last preceding annual school report.
3. Apportionment of State School Reserve Fund. Whenever the county commissioners of any county shall have levied, for elementary school purposes, exclusive of bond interest and redemption, a county tax of at least thirty-five cents (35’) on the one hundred ($100) dollars assessed valuation of the taxable property in the county, if such levy does not produce for the county school fund of such county an amount of money sufficient to make the minimum county teacher and pupil apportionments provided for in section 181, paragraph 1, (a) and (b) of this act, the superintendent of public instruction shall apportion to said county from the state school reserve fund such a sum of money as when taken with the amount produced by the said county tax levy of thirty-five (35’) cents on the one hundred ($100) dollars assessed valuation on said property will be sufficient to make the minimum county teacher and pupil apportionments required by law for such county for elementary school purposes.
4. Newly established school districts which have not been in operation for one (1) year and therefore have had no average daily attendance during the preceding school year shall be allowed funds from the state distributive school fund at the time of the regular semiannual apportionment on the basis of the number of resident pupils of school age listed on the verified petition filed by their parents with the county commissioners for the establishment of the district; provided, that school districts established after the regular July apportionment of the state distributive school fund has been made are entitled to receive the apportionment to which they would have been entitled from that fund had they been established on July 1, the pupil apportionment being based on the number of resident pupils of school age listed on the verified petition filed by their parents or legal guardians with the county commissioners for the establishment of such districts. The superintendent of public instruction is hereby authorized and directed to make such supplemental apportionments of the state distributive school fund as herein provided.
κ1951 Statutes of Nevada, Page 148 (CHAPTER 113, SB 18)κ
directed to make such supplemental apportionments of the state distributive school fund as herein provided.
5. The legislature shall appropriate out of the moneys in the general fund of the state treasury, for deposit in the state distributive school fund, sufficient funds to carry out the provisions of this chapter.
Sec. 5. Section 183 of the above-entitled act, being section 6084.193, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 183. State School Reserve Fund, Emergency Fund, State School Research Fund, Created. At the time of the apportionment of money in the state distributive school fund in January and June of each year, the superintendent of public instruction, before making such apportionment, shall set aside from said fund the sum of five thousand ($5,000) dollars, the same to constitute and be known as the emergency school fund, and not more than thirty thousand ($30,000) dollars as the state school reserve fund. He shall at once notify the state controller and the state treasurer of his action. Funds for school research, and for the study of state-wide school problems, shall be provided by legislative appropriation from the general fund, as a budgeted part of the appropriation for the support of the department of education.
Sec. 6. Section 201 of the above-entitled act, being section 6084.211, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 201. Rural School Fund Established. There is hereby established a fund in the accounts of the state treasurer and the state controller to be known as the fund for aid to rural schools which is made up of all the moneys received from the following sources:
1. Any appropriation made by the legislature from the general fund for the purpose of aiding rural schools;
2. All donations, legacies, gifts, and bequests, which may be made to the aid to rural schools fund, and all moneys which shall be obtained or contributed for said purposes from other sources;
3. Any moneys received from any federal agency specifically for assistance to rural schools.
Sec. 7. Section 411 of the above-entitled act, being section 6084.421, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 411. Expenses of Textbook Commissioners. The members of the state textbook commission shall, with the exception of the governor and the superintendent of public instruction, receive the sum of ten ($10) dollars per diem for each day actually engaged in transacting the business of the commission, and actual traveling expenses not to exceed ten (10) cents per mile to and from the meetings of the commission. Funds to carry out the provisions of this chapter shall be provided by legislative appropriation from the general fund. Bills for such compensation shall be allowed and paid in the usual manner. The state textbook commission shall not be in session more than twenty (20) days in any one (1) year.
κ1951 Statutes of Nevada, Page 149 (CHAPTER 113, SB 18)κ
Sec. 8. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 9. This act shall become effective immediately after its passage and approval.
________
Senate Bill No. 71Committee on Taxation
CHAPTER 114
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishments therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 231 of the above-entitled act, being section 6084.241, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 231. Percentages Named According to Assessment Valuations-No Countys Total Bonded Indebtedness to Exceed Ten (10%) Percent of Assessed Valuation. The maximum bonding limit of counties for county high school purposes under the provisions of this school code shall be as follows:
1. For counties having a total assessed valuation of two million five hundred thousand ($2,500,000) dollars or less, three (3%) percent of such valuation.
2. For counties having an assessed valuation of over two million five hundred thousand ($2,500,000) dollars two-and-one-half (2 1/2%) percent of such valuation.
No county shall issue bonds for county high school purposes in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of ten (10%) percent of the total last assessed valuation of the taxable property of the county.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
________
κ1951 Statutes of Nevada, Page 150κ
Senate Bill No. 85Committee on Judiciary
CHAPTER 115
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 15, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 323 of the above-entitled act, being section 8821, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 323. Any party may, at any time before trial or judgment, serve upon the opposing party or parties, as the case may be, an offer to allow judgment to be taken against him for the sum, or property, or to the effect therein specified. If the said opposing party or parties, as the case may be, accepts the offer and gives notice thereof within five days and files a notice of acceptance, the clerk shall thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer shall be deemed withdrawn and shall not be given in evidence; and if the said opposing party or parties, as the case may be, failed to obtain a more favorable judgment than that contained in the offer he or they shall not recover costs, nor attorney fees, but shall pay the costs, and attorney fees, if any be allowed, of the party making the offer from the time of the offer.
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 upon its passage and approval.
________
Senate Bill No. 87Senator Lovelock
CHAPTER 116
AN ACT authorizing the issuance and sale of bonds for the maintenance of certain public utilities for Wadsworth school district No. 11, Washoe County, Nevada; the levy and collection of taxes for the payment thereof, and other matters relating thereto.
[Approved March 15, 1951]
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 is authorized and directed to prepare, issue and sell negotiable coupon bonds of Wadsworth school district No. 11, in said county, for an amount not exceeding fifteen thousand dollars ($15,000), exclusive of interest, for the purpose of providing funds for the maintenance, repair, alteration, reinstallation, and upkeep of certain public utilities for the said school district, to wit, a water system. Said bonds shall be named Wadsworth school district No.
κ1951 Statutes of Nevada, Page 151 (CHAPTER 116, SB 87)κ
be named Wadsworth school district No. 11 utility bonds, and the proceeds from the sale of said bonds are to be used for the maintenance, repair, alteration, reinstallation, and upkeep of the public utilities designated in that certain act of the legislature of the State of Nevada entitled An act authorizing the acquisition of certain public utilities for Wadsworth school district No. 11, Washoe 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 21, 1925.
Sec. 2. Said bonds shall be prepared in denominations of two hundred fifty dollars ($250) and shall be numbered consecutively. They shall be made payable in legal tender 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, and countersigned by the clerk of the said board. Lithographed facsimile signatures may be used on the coupons. Said bonds shall bear interest in like legal tender at a rate not exceeding six per centum (6%) per annum, payable annually, on the first Monday in July. They shall be redeemed and retired consecutively in the order of their issuance annually thereafter, according to the time specified therein from the date of their issue, respectively, and in no case shall any bond run for a longer period than twenty (20) years.
Sec. 3. The board of county commissioners of the county of Washoe shall be guided by the provisions of an act entitled An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase, or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collection of rates for the service thereof, and other matters relating thereto, approved March 23, 1911, as it stands amended, except as otherwise provided in this act.
Sec. 4. If a majority of all the votes cast are in favor of the issue of the bonds, the board of county commissioners shall proceed at once to execute and issue them as rapidly as needed.
Sec. 5. 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 and all bids; provided, that no bond shall be sold for less than par value.
Sec. 6. The said board of county commissioners, acting as aforesaid, shall pay the proceeds from the sale of said bonds to the county treasurer, who shall keep a detailed record of the same, and assign the same to a fund to be known as the Wadsworth school district No. 11 public utilities fund, and who shall pay out the same for the completion, acquisition, installation, management, maintenance 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.
κ1951 Statutes of Nevada, Page 152 (CHAPTER 116, SB 87)κ
of any system acquired under the provisions of this act, in all respects as required for such payments by the board of county commissioners.
All moneys acquired for service or the sale of service from said system, and other revenues, shall be paid by the officer collecting the same to the county treasurer, who shall assign the same to the Wadsworth school district No. 11 public utilities fund, created as aforesaid, for use as such fund may be required to be used, and, at the first meeting of the board of county commissioners in January of each year, any surplus remaining shall be assigned by the treasurer on order of said board to the Wadsworth school district No. 11 public utilities bond interest redemption fund.
Sec. 7. 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 Wadsworth school district No. 11, Nevada, 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, one of said bonds annually, beginning with the first Monday in July 1952, 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 Wadsworth school district No. 11 public utilities bond interest and redemption fund. Said bonds and interest shall be paid from the fund. Said bonds and interest thereon shall be a lien on all property subject to taxation within said Wadsworth school district No. 11.
Sec. 8. Whenever the bonds and interest provided for in this act shall have been 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 Wadsworth school district No. 11 public utilities fund. If at any time there are sufficient funds in said bond interest and redemption fund to care for the obligations of the current year, in full or in part, the board of county commissioners shall fix the tax rate correspondingly lower.
Sec. 9. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof paid, together with the date of such payment, sign his name thereto and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease.
The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full as in this act specified.
κ1951 Statutes of Nevada, Page 153 (CHAPTER 116, SB 87)κ
shall not be repealed, nor the taxation thereby imposed be omitted, until the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full as in this act specified.
Sec. 10. The provisions of the existing law respecting the manner of acquisition of utilities, advertising notice of intention to issue bonds, bond elections, the duty of commissioners to act on a proper petition, the collection and enforcement of collections of rates for service, and all other provisions not expressly superseded by this act shall apply to the acquisition, management and financing of the system mentioned in this act. The commissioners shall act as soon as they conveniently may, and the bonds shall be prepared not later than July 1, 1951. The system herein provided for shall be deemed public use authorized by the legislature such as are assisted by the principle of eminent domain.
Sec. 11. This act shall take effect immediately after its passage and approval.
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Assembly Bill No. 63Mr. Coulthard
CHAPTER 117
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 348 of the above-entitled act, being section 8846, N. C. L. 1929, is hereby amended to read as follows:
Section 348. Before the sale of property on execution, notice thereof shall be given as follows:
1. In cases of perishable property, by posting written notice of the time and place of sale in three public places of the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.
2. In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than five nor more than ten days before sale and, in case of sale on execution issuing out of a district court, by the publication of a copy of said notice in a newspaper, if there be one in the county, at least twice, the first publication being not less than ten (10) days before date of sale.
3. In case of real property, by posting a similar notice particularly describing the property, for twenty days, successively, in three public places of the township or city where the property is situated, and also where the property is to be sold; and also by publishing a copy of said notice once a week, for the same period, in a newspaper, if there be one, in the county; provided, that the cost of such publication shall in no case exceed the sum of two dollars and fifty cents per square for the first insertion, and one dollar per square for each subsequent insertion; and provided further, that in any case where the paper authorized by this act to publish such notice of sale shall neglect or refuse, from any cause, to make such publication, then the posting of notices, as provided in the preceding section of this act, shall be deemed sufficient notice; provided, further, notices of the sale of property on execution, upon a judgment for any sum less than five hundred dollars, exclusive of costs, shall be given only by posting in three public places in the county, one of which notices shall be posted at the courthouse.
κ1951 Statutes of Nevada, Page 154 (CHAPTER 117, AB 63)κ
be one, in the county; provided, that the cost of such publication shall in no case exceed the sum of two dollars and fifty cents per square for the first insertion, and one dollar per square for each subsequent insertion; and provided further, that in any case where the paper authorized by this act to publish such notice of sale shall neglect or refuse, from any cause, to make such publication, then the posting of notices, as provided in the preceding section of this act, shall be deemed sufficient notice; provided, further, notices of the sale of property on execution, upon a judgment for any sum less than five hundred dollars, exclusive of costs, shall be given only by posting in three public places in the county, one of which notices shall be posted at the courthouse.
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Senate Bill No. 139Senator Johnson
CHAPTER 118
AN ACT making it unlawful and prohibiting the operation of privately owned out-of-state or foreign motor vehicles upon the public highways of the State of Nevada, said motor vehicles being equipped with sirens and red lights; defining the violation of this act to be a misdemeanor, and fixing penalties for such violation, and other matters properly connected herewith.
[Approved March 17, 1951]
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, company or corporation to operate or cause to be operated upon the public highways of the State of Nevada any out-of-state, or foreign, privately owned motor vehicle equipped with a red light or lights or with a siren or sirens attached thereto as a part of the equipment of said vehicle.
Sec. 2. This act is not intended to repeal, amend, or in any manner change the present existing law insofar as it applies to domestic and foreign motor vehicles except in the particular instance set out in section 1 above; nor shall this act apply to motor vehicles registered in foreign states having reciprocal arrangements made with the motor vehicle department of the State of Nevada in relation to the use of red lights and sirens upon out-of-state motor vehicles.
Sec. 3. A violation of the provisions of this act is declared to be a misdemeanor and shall be punished by a fine not to exceed two hundred and fifty ($250) dollars.
Sec. 4. This act shall become effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 155κ
Assembly Bill No. 137Mr. Francovich
CHAPTER 119
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relative thereto, approved March 15, 1947, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 179 of the above-entitled act, being section 6084.189, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 179. Apportionment of State Distributive School Fund. The superintendent of public instruction is hereby empowered to establish uniform rules to be used in calculating the average daily attendance of pupils for all public schools in the state. For making the apportionments now or hereafter authorized and directed to be made under the provisions of this act, the term average daily attendance shall mean the six months of highest average daily attendance for the school year last preceding. It shall be the duty of the superintendent of public instruction, immediately after the state controller shall have made his semiannual report, to apportion the state distributive school fund among the several counties of the state in the following manner:
1. Teacher and Pupil Basis. He must ascertain the number of teachers to which each school district is entitled by calculating one (1) teacher for the first twenty (20) pupils in average daily attendance or such less number of pupils in average daily attendance as required by law for the maintenance of a school, and one (1) additional teacher for each additional twenty (20) pupils or major fraction of twenty (20) pupils in average daily attendance; provided, that a school having an average daily attendance of between twenty (20) and thirty (30) as shown by the report of such district for the last preceding school year, shall be allowed an extra teacher, if such school has regularly employed two (2) teachers since the preceding semiannual school apportionment.
2. Rules for Average Daily Attendance. The state board of education may prescribe additional rules and regulations under which pupils may be excused from attendance and may be credited with attendance during the period for which such pupils may have been excused.
3. False Report by Teacher as to Attendance. Any teacher, principal or superintendent who shall knowingly report, cause to be reported, or permit to be reported, the presence of any pupil or pupils at schools, when such pupil or pupils were absent, or when school is not in session, shall forfeit his certificate or subject it to revocation, and the same shall not be restored or a new one granted within one (1) year after such forfeiture or revocation; provided, that pupils who are excused from attendance at examinations or having completed their work in accordance with the rules of the board of trustees shall be accredited with attendance during said period.
κ1951 Statutes of Nevada, Page 156 (CHAPTER 119, AB 137)κ
who are excused from attendance at examinations or having completed their work in accordance with the rules of the board of trustees shall be accredited with attendance during said period.
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Assembly Bill No. 35Committee on Roads and Transportation
CHAPTER 120
AN ACT to amend an act entitled An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a motor vehicle fund, and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith, approved March 27, 1931, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 17 of the above-entitled act, being section 4435.16, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 17. (a) Except as otherwise provided in this section, and nonresident owner of a vehicle of a type subject to registration under this act, owning any vehicle which has been duly registered for the current year in the state, country, or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this act and without the payment of any registration fees to the state; provided, nothing in this section shall be construed to permit the use of manufacturers or dealers license plates issued by any state or country by any such nonresident in the operation of any vehicle on the public highways of this state; provided further, a nonresident owner of a vehicle of a type subject to registration in this state who, while residing in this state, accepts gainful employment within this state or who comes into the state for the purpose of being gainfully employed therein shall, for the purposes of and subject to the provisions of this act, be considered a resident of this state and pay such registration fees as provided for in this act; provided further, nothing in this subparagraph shall be construed to require registration of vehicles of a type subject to registration under this act operated by nonresident common motor carriers of persons and/or property, contract motor carriers of persons and/or property, or private motor carriers of property as stated in subparagraph (b) of this section.
κ1951 Statutes of Nevada, Page 157 (CHAPTER 120, AB 35)κ
this act; provided further, nothing in this subparagraph shall be construed to require registration of vehicles of a type subject to registration under this act operated by nonresident common motor carriers of persons and/or property, contract motor carriers of persons and/or property, or private motor carriers of property as stated in subparagraph (b) of this section.
(b) All nonresident owners or operators of vehicles of a type subject to registration under this act operating such vehicles on the public highways of this state as common motor carriers of persons and/or property, contract motor carriers of persons and/or property, or private motor carriers of property, as the same are now or may hereafter be defined in the laws of this state relating thereto, shall be governed by and pay the fees required by the provisions of such laws with respect to the operation of such vehicles in any of such carrier services; provided, all such nonresident owners or operators of such vehicles may operate said vehicles upon the public highways of this state without any registration thereof in this state under the provisions of this act and without the payment of any registration fees to the state upon the following conditions:
1. That each said vehicle shall be registered or licensed, and have attached thereto the registration or license plates for the then current year, pursuant to the motor vehicle registration laws of the state or country wherein the owner of such motor vehicle resides or maintains his principal place of business, wherein said vehicle is registered for such year and which said registration or license plates shall be displayed on said vehicle during all of the time operated in this state.
2. That the laws of the state or country of the said residence or principal place of business of the owner of such vehicle do not require the registration of the vehicles and payment of fees therefor from residents of this state engaging in like carrier services in the state or country of the residence or principal place of business of said nonresident owner wherein such motor vehicle is registered.
3. The vehicle commissioner of the public service commission of Nevada is hereby authorized, empowered, and directed to enter into agreements and formal compacts with appropriate officials of other states for the purpose of establishing rules and regulations governing registration, conduct and operation of motor vehicles coming within the provisions of subparagraph (b) above, including mutual agreements leading to the revocation of reciprocity for persistent violators of laws concerning motor vehicle operation and licensing.
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 after its passage and approval.
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κ1951 Statutes of Nevada, Page 158κ
Senate Bill No. 77Committee on Agriculture and Irrigation
CHAPTER 121
AN ACT to amend an act entitled An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution, and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineers office; providing that the district court may appoint the state engineer and his assistants officers of the court to administer final water decrees in certain cases; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts and certain acts in conflict with this act, approved March 22, 1913, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 46 1/2 of the above-entitled act, being section 5, chapter 83, page 104, Statutes of 1949, is hereby amended to read as follows:
Section 46 1/2. (a) On any stream in this state on which the water rights have been adjudicated and determined and the final decree therefor entered, as between all persons who claimed the right to the use of the waters of such stream, in a suit brought in the district court having jurisdiction of said stream and in which said suit the said adjudication and determination was not had in the manner provided in sections 18 to 51, inclusive of this act, and thereafter one or more of the parties as users of such adjudicated and determined rights and/or their successors in interest desire that the state engineer take charge of the diversions and distribution of such rights and administer them in conformity with the said final decree of the court, they may petition said district court which entered such decree requesting such administration. Upon the filing of such petition, the said district court shall direct that notice of the filing of said petition shall be given to each water user or claimant to a water right listed in said final decree. The notice shall be an order to show cause on the day fixed in said order by the court, which day shall not be less than ten days nor more than twenty-five days, from and after the date of issuance thereof, and which said order shall direct the person or persons therein named to attend before the court on said day and show cause, if any they or each of them may have, why said petition should not be granted. The court shall designate the form and direct the preparation of the order or orders to show cause and by its order direct the manner, mode and the payment of the cost of the service thereof.
For the purpose of the hearing on the petition such petition shall be deemed in nature of a complaint. Objections of the water users or claimants, or any of them, to the granting of the petition shall be in writing signed by such users or claimants, or by their or his attorneys.
κ1951 Statutes of Nevada, Page 159 (CHAPTER 121, SB 77)κ
claimants, or any of them, to the granting of the petition shall be in writing signed by such users or claimants, or by their or his attorneys. No other pleading shall be filed. Costs shall be paid as in civil cases brought in the district court, except by the state engineer or the state; the practice in civil cases shall apply insofar as consistent with the summary character of the proceedings. The state engineer shall be given notice of, and in person or by assistant or deputy state engineer, shall attend upon the hearing of the petition, and the court, prior to the final determination of the matter, may by an order duly entered and served upon the state engineer direct him to make a hydrographic survey of said stream system and to render to the court a written report, together with such maps and other necessary data as will enable the said court to determine whether or not administration of such water rights by the state engineer would be of the best interest of the water users. In the event that the said district court finally determines the matter affirmatively, the said court shall by its judgment duly entered and served on the state engineer, direct him to distribute such waters in strict accordance with the said decree, and from and after the filing of such judgment in the district court and service thereof on the state engineer the administration of said decree and the distribution of the water thereunder shall be under the supervision and control of the said district court, and the state engineer, his deputies, assistants and water commissioners, when engaged in the administration of the said final decree and the distribution of the water thereunder, shall be deemed officers of said district court only and subject only to his supervision and control. Appeals may be taken from the judgment so entered to the supreme court in the same manner and within the time as provided in section 75 of this act.
(b) The cost of the hydrographic survey of the said stream system and the preparation of the reports and maps by the state engineer necessary to advise the court in the matter shall, in the first instance, be paid by the state engineer from the hydrographic fund provided for in section 46 of this act, which said section is hereby made applicable to the proceedings provided in this section, such fund shall be reimbursed for said expenditures by the water users of said stream upon approval and order of the said district court of the itemized statement therefor submitted by the state engineer in accordance with said section 46.
(c) The estimated cost of the administration of the said final decree and the distribution of the waters of said stream system shall be budgeted by the state engineer in like manner and at the time as provided in section 52 of this act, the same being section 7937, N. C. L. 1929, as amended by chapter 159, Statutes of 1947, and said budget shall be first submitted to the said district court for approval and upon approval thereof by the court the same shall be submitted by the court to the board of county commissioners of the proper county and thereupon all of the provisions of said section 52 shall govern with respect to the assessment and collection of the said costs, the deposit thereof in the water distribution fund in the state treasury, and the payment of claims for the costs of administration of said final decree and the distribution of water thereunder.
κ1951 Statutes of Nevada, Page 160 (CHAPTER 121, SB 77)κ
payment of claims for the costs of administration of said final decree and the distribution of water thereunder.
Sec. 2. This act shall be effective immediately upon its passage and approval.
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Assembly Bill No. 107Messrs. Whitacre and Rowntree
CHAPTER 122
AN ACT to amend an act entitled An act relating to elections, approved March 24, 1917, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 31 of the above-entitled act, being section 2468, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 31. There shall be allowed out of the county treasury of such county to each inspector and each clerk of election eight dollars per period of voting or counting (except that precinct election foremen, when and if appointed under section 2 of this act as amended by chapter 144, page 474, Statutes of 1947, shall each receive eight dollars per period), but in no case to exceed twenty dollars for all services required by law to be performed by each of them at any one election. Each member of the counting board shall receive the sum of eight dollars per period of counting, the hours of 6:00 p.m. to 2:00 a.m. to constitute one period of counting for the counting board. From and after 2:00 a.m. each member of the counting board shall receive as added compensation one dollar per hour. Where a combined voting and counting board is used, each member of said combined board shall receive eight dollars per period of voting until such time as said combined board shall begin counting. At the time said combined board begins counting each member thereof shall receive as added compensation the sum of one dollar per hour. And to the person carrying the pollbooks from the place of election to the clerks office the sum of fifteen cents per mile for going and fifteen cents per mile for returning, to be paid out of the county treasury.
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κ1951 Statutes of Nevada, Page 161κ
Assembly Bill No. 282Nye County Delegation
CHAPTER 123
AN ACT to amend an act entitled An act fixing the compensation of certain officers in Nye County, and other matters properly relating thereto, approved March 22, 1945, as amended, and repealing section 1 of chapter 5, 1937, Statutes of Nevada, as amended.
[Approved March 17, 1951]
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 1949 Statutes of Nevada, chapter 25, is hereby amended to read as follows:
Section 1. From and after the first day of April 1951, the sheriff of Nye County, Nevada, shall receive a salary of three thousand six hundred dollars ($3,600) per annum, payable in equal monthly installments, in full compensation for his services to said county as sheriff and all official and ex officio duties of any kind whatsoever, and shall have one undersheriff, to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct. Such undersheriff shall receive a salary not to exceed two hundred and fifty dollars ($250) per month, and that such deputies shall receive salaries not to exceed two hundred and twenty-five dollars ($225) per month. He shall be allowed all his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county such fees as are provided for in an act of the legislature of the State of Nevada entitled, An act to regulate fees and compensation for official and other services in the State of Nevada and to repeal all other acts in relation thereto, approved February 27, 1883; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.
Sec. 2. Section 2 of the above-entitled act, being 1949 Statutes of Nevada, chapter 25, is hereby amended to read as follows:
Section 2. The county clerk and treasurer shall receive a salary of three thousand six hundred dollars ($3,600) per annum, payable in equal monthly installments, as full compensation for his services to said county as such officer or in any ex officio capacity of any kind whatsoever, and shall be allowed one deputy, to be named by him, to be paid a salary not to exceed two hundred and twenty-five dollars ($225) per month, and such other deputies, typists, or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, not to exceed two hundred dollars ($200) per month.
κ1951 Statutes of Nevada, Page 162 (CHAPTER 123, AB 282)κ
a salary not to exceed two hundred and twenty-five dollars ($225) per month, and such other deputies, typists, or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, not to exceed two hundred dollars ($200) per month. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
The county clerk and treasurer shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are now provided by law for services in his office.
Sec. 3. Section 3 of the above-entitled act, being 1949 Statutes of Nevada, chapter 25, is hereby amended to read as follows:
Section 3. The county recorder and auditor of said county shall receive a salary of three thousand six hundred dollars ($3,600) per annum, payable in equal monthly installments, in full compensation for all his services to said county as such officer, and shall have one deputy, to be selected by him, and to be paid a salary not to exceed two hundred and twenty-five dollars ($225) per month, and such other deputies, typists, or stenographers, to be selected by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed the sum of two hundred dollars ($200) per month. He shall be allowed all of his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The recorder and auditor shall collect in advance and pay over monthly to the county treasury, such fees and compensation as are provided by law for services in his office.
Sec. 4. Section 4 of the above-entitled act, being 1949 Statutes of Nevada, chapter 25, is hereby amended to read as follows:
Section 4. The district attorney shall receive a salary of three thousand six hundred dollars ($3,600) per annum, payable in equal monthly installments, for all his services as such officer. He may have such deputy or deputies, typists, or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed two hundred dollars ($200) per month. He shall be allowed all of his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.
Sec. 5. Section 5 of the above-entitled act, being 1949 Statutes of Nevada, chapter 25, is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 163 (CHAPTER 123, AB 282)κ
Section 5. The county assessor of Nye County, State of Nevada, shall be paid the sum of three thousand six hundred dollars ($3,600) in full compensation for all services to said Nye County, and such salary shall be paid in the same manner as are other county officers. Such county assessor shall further be allowed such clerks, typists or stenographers, to be named by him, as the board of county commissioners, by a majority consent, may deem necessary, and for such time and compensation as they may direct, not to exceed two hundred and twenty-five dollars ($225) per month. Such county assessor shall be allowed his travel expenses in the same manner as are other county officers.
Sec. 6. Section 6 of the above-entitled act, being 1949 Statutes of Nevada, chapter 25, is hereby amended to read as follows:
Section 6. The members of the board of county commissioners of Nye County, State of Nevada, shall receive the sum of one hundred dollars ($100) per month each as compensation for their services as county commissioners, and twenty-five dollars ($25) per month each as compensation for their services on the board of county commissioners while acting as a governing board for the town of Tonopah.
Sec. 7. All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act are hereby repealed.
Sec. 8. This act shall be effective from and after April 1, 1951, and remain in effect until April 1, 1953.
________
Assembly Bill No. 130Mr. Humphrey
CHAPTER 124
AN ACT to amend an act entitled An act regulating the practice of medicine, surgery and obstetrics, and other systems or modes of treating the sick or afflicted, in the State of Nevada; defining the practice thereof; providing for the examination of applicants for license and the practice of those licensed to treat diseases, injuries, deformities, or other physical or mental conditions of human beings; providing for the appointment of a state board of medical examiners and defining their duties; defining certain misdemeanors and providing penalties therefor, and repealing all other acts or parts of acts in conflict therewith, approved March 28, 1949.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 4107.01 to 4107.25, inclusive, 1929 N. C. L. 1949 Supp., is hereby amended by inserting therein a new section numbered 21 1/2 to follow immediately after section 21 in said act, section 21, being section 4107.21, 1929 N. C. L. 1949 Supp., to read as follows:
Section 21 1/2. The Nevada state board of medical examiners (hereinafter referred to as the board) shall have the authority in its discretion to issue permits to any properly qualified applicant to serve as resident medical officer in any hospital in Nevada subject to the provisions of this section.
κ1951 Statutes of Nevada, Page 164 (CHAPTER 124, AB 130)κ
resident medical officer in any hospital in Nevada subject to the provisions of this section.
(1) He shall practice medicine, surgery, and allied specialties only within the confines of the hospital specified on his permit and under the supervision of the regular hospital medical staff. He shall be a citizen of the United States and a graduate of an accredited medical school of the United States or Canada, as judged by the board. He shall be of good moral character. The board shall have in its possession, before granting any permit to an individual, a letter from a hospital in Nevada, requesting issuance of a permit to serve as a resident medical officer to that individual.
(2) Such permits will in general be issued at the stated meetings of the board, but the president and secretary of the board shall have power to jointly issue permits between meetings of the board, and these permits will be subject to approval or disapproval at the next subsequent meeting of the board.
(3) The duration of the permit shall be determined by the board but shall in no case be in excess of one year. It shall be renewable at the discretion of the board.
(4) The permit to serve as resident medical officer shall not entitle the holder to engage in the private practice of medicine, surgery, or obstetrics as defined in this act.
(5) Any permit granted under authority of this section can be revoked by the board at any time for reasons deemed sufficient by the board.
(6) The board shall hereby be empowered to formulate any rules and regulations, subject to the provisions of this section, for carrying out its purposes.
(7) The issuance of a permit to serve as resident medical officer shall in no way obligate the board to grant any regular license for the practice of medicine, surgery, and allied specialties in Nevada.
Sec. 2. This act shall take effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 165κ
Senate Bill No. 111Senator Nores
CHAPTER 125
AN ACT to amend an act entitled An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a Motor Vehicle Fund, and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith, approved March 27, 1931.
[Approved March 17, 1951]
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 4435, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 1. The following words and phrases when used in this act, shall, for the purpose of this act, have the meanings ascribed to them in this section except in those instances where the context clearly indicates a different meaning:
(a) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (b) Motor Vehicle. Every vehicle as herein defined which is self-propelled. (c) Motorcycle. Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term tractor as herein defined. (d) Truck Tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (e) Farm Tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry. (f) Road Tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load independently or any part of the weight of a vehicle or load so drawn. (g) Trailer. Every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle. (h) Semitrailer. Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle. (i) Specially Constructed Vehicle. Any vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles. (
κ1951 Statutes of Nevada, Page 166 (CHAPTER 125, SB 111)κ
distinctive name, make, model or type by a generally recognized manufacturer of vehicles. (j) Essential Parts. All integral parts and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle. (k) Reconstructed Vehicle. Any vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models or types, or which, if originally otherwise constructed, shall have been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. (l) Foreign Vehicle. Every motor vehicle, trailer or semitrailer which shall be brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which shall have not been registered in this state. (m) Pneumatic Tires. All tires inflated with compressed air. (n) Solid Rubber Tires. Every tire made of rubber other than a pneumatic tire. (o) Metal Tires. All tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material. (p) Person. Every natural person, firm, copartnership, association or corporation. (q) Owner. A person having the lawful use or control or the right to the use and control of a vehicle under a lease or otherwise for a period of ten or more successive days. (r) Legal Owner. A person who holds the legal title of a vehicle or a mortgage thereon. (s) Non-resident. Every person who is not a resident of this state, and who does not use his motor vehicle for a gainful purpose. (t) Manufacturer. Every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. (u) Dealer. Every person engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers in this state. (v) Highway. Every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel. The term Highway shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities or other institutions. (w) Department. The motor vehicle department of the office of secretary of state. (x) Commissioner. The secretary of state, who shall ex officio be the executive officer of the motor vehicle department.
Sec. 2. Section 16 of the above-entitled act, being section 4435.15, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 16. (a) A manufacturer of or dealer in motor vehicles, trailers, or semitrailers in this state, owning any such new or used vehicles and operating them upon the public highways exclusively for the purpose of testing, demonstrating, or selling the same, in lieu of registering each such vehicle shall, prior to testing, demonstrating, or offering to sell the same, make application upon an official blank provided for that purpose to the department for a general distinguishing number or symbol; provided, that vehicles ordinarily used by the dealer or manufacturer in the conduct of his business as work or service vehicles must be registered the same as any other like vehicle as provided in section 6 of this act; provided further, that no such manufacturer or dealer or any officer, employee or servant thereof, or any person within the third degree of consanguinity or affinity of any such officer, or manufacturer or dealer if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this act when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state, and any such persons at the time of applying for registration certificates and license plates pursuant to the provisions of this act, shall make and file with the department an affidavit to the effect that no motor vehicle or vehicles for which the registration license is applied for will be used in such convoying or convoyed without complying with the said laws of the state relating to motor convoy carriers.
κ1951 Statutes of Nevada, Page 167 (CHAPTER 125, SB 111)κ
vided in section 6 of this act; provided further, that no such manufacturer or dealer or any officer, employee or servant thereof, or any person within the third degree of consanguinity or affinity of any such officer, or manufacturer or dealer if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this act when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state, and any such persons at the time of applying for registration certificates and license plates pursuant to the provisions of this act, shall make and file with the department an affidavit to the effect that no motor vehicle or vehicles for which the registration license is applied for will be used in such convoying or convoyed without complying with the said laws of the state relating to motor convoy carriers.
(b) The application shall be upon a blank to be furnished by the department, and the applicant shall furnish such proof as the department may deem necessary that the applicant is a manufacturer or dealer, and entitled to register vehicles under the provisions of this section. The department, upon receipt of such application and when satisfied that the applicant is entitled thereto, shall issue to the applicant a certificate of registration containing the latters name and business address and the general distinguishing number or symbol assigned to him in such form and containing such further information as the department may determine, and every vehicle owned or controlled by such manufacturer or dealer, and permitted to be registered under a general distinguishing number, while being operated for the purpose of testing, demonstrating, or selling the same, shall be regarded as registered hereunder.
(c) The department shall also, upon receipt of such application, furnish to the manufacturer or dealer one or more pair of automobile plates or single plates for other vehicles registered by the applicant, and every such plate shall have displayed upon it the registration number which is assigned to the applicant, and may at the discretion of the department have a different letter or symbol on each pair of automobile plates and on each single plate for other vehicles.
(d) No such manufacturer or dealer shall operate any motor vehicle, trailer, or semitrailer owned or controlled by him upon any public highway, or permit it to be so operated, unless number plates assigned to him are attached thereto in the manner hereinbefore specified in this act; provided, that it shall be lawful for such manufacturer or dealer to operate new vehicles without the said plates being attached thereto from the railroad depot, warehouse, or other place of storage to the place of business of such manufacturer or dealer where said depot, warehouse, or place of storage is within the same city or town or not more than five miles from said place of business.
(e) The department may, at its discretion, grant a temporary permit to operate a vehicle for which registration has been applied.
(f) Before any distinguishing number or symbol shall be furnished to a manufacturer or dealer as provided in this section, the department shall require that the applicant procure and file with the department a good and sufficient bond in the amount of five thousand dollars ($5,000) with corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general of the State of Nevada, and conditioned that applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this act.
κ1951 Statutes of Nevada, Page 168 (CHAPTER 125, SB 111)κ
to a manufacturer or dealer as provided in this section, the department shall require that the applicant procure and file with the department a good and sufficient bond in the amount of five thousand dollars ($5,000) with corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general of the State of Nevada, and conditioned that applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this act. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of five thousand dollars ($5,000). The undertaking of the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this act by the salesmen of any licensed dealer acting for the dealer on his behalf and within the scope of the employment of such salesmen.
(g) A distinguishing number or symbol shall not be applied for by, or furnished to, any dealer in new vehicles, trailers or semitrailers unless said dealer shall first furnish the department an instrument executed by or on behalf of the manufacturer certifying that the dealer is an authorized dealer for the make of vehicle concerned. An associate or sub-dealer, not operating under direct appointment or authorization by the manufacturer, shall furnish the department with an instrument executed by or on behalf of a dealer certified as herein provided, said instrument certifying that the associate or sub-dealer is an authorized associate or sub-dealer for the make of vehicle concerned.
Sec. 3. Nothing in this act shall be deemed to be in conflict with chapter 133, page 253, Statutes of Nevada, 1949.
________
Assembly Bill No. 270Elko County Delegation
CHAPTER 126
AN ACT ratifying and approving the actions of the county commissioners of Elko County in selling and conveying certain lands conveyed to the county of Elko by the board of regents of the university of Nevada.
[Approved March 17, 1951]
Whereas, Pursuant to the authority of the legislature as authorized by Statutes of Nevada 1928-1929, chapter 161, page 257, the board of regents of the university of Nevada conveyed certain lands to the county of Elko, Nevada, which lands are in said statute described by metes and bounds; and
Whereas, The board of county commissioners at divers times thereafter sold to various purchasers, in several parcels, all of the land so conveyed to the county of Elko by said board of regents; and
Whereas, The said sales and conveyances as made by said board of county commissioners were made without advertising and at private sale, and not in manner complying with or conforming to the laws and statutes in such cases made and provided; now, therefore,
κ1951 Statutes of Nevada, Page 169 (CHAPTER 126, AB 270)κ
sale, and not in manner complying with or conforming to the laws and statutes in such cases made and provided; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the passage and approval of this act, the board of county commissioners of the county of Elko, Nevada, are authorized and directed to make proper conveyances, conveying all of the right, title and interest of the county of Elko to those several purchasers at private sales, of the several lots, pieces, or parcels of land embraced within the parcel of land described as follows, as heretofore conveyed to said county by the board of regents of the university of Nevada:
The southwest corner of block No. 13 of the city of Elko, county of Elko, State of Nevada, commencing at the northeast corner of section 15, township 34 north, range 55 east, M. D. B. & M., in said county and state, running thence S. 23° 20′ W., 469.3 feet to corner No. 1, the place of beginning; thence S. 41° 49′ W., 1,060 feet to corner No. 2; thence N. 48° 11′ W., 900 feet to corner No. 3; thence N. 41° 49′ E., 821.54 feet to corner No. 4; thence N. 89° 31′ E., 354.31 feet to corner No. 5; thence S. 48° 11′ E., 637.94 feet to corner No. 1, the place of beginning.
Sec. 2. All conveyances and deeds of lots, pieces or parcels of land, embraced within the parcel of land described in section 1 of this act, heretofore made, executed and delivered by the board of county commissioners of the county of Elko, Nevada, or by the authorized representatives of said board, are hereby ratified and approved, and declared to pass and convey title as in the deed or conveyance specified.
Sec. 3. This act shall be in full-force and effect from and after its passage and approval.
________
Senate Bill No. 104Committee on Mining
CHAPTER 127
AN ACT to amend an act entitled An act creating the office of inspector of mines; fixing his duties, powers and compensation; providing for the appointment of deputy mining inspectors and fixing their compensation; 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.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8 of the above-entitled act, being section 4215, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 8. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge of any mine or workings, notified by the inspector of mines of the unsafe or dangerous condition of such mine or workings, promptly to comply with the requirements of the notice served upon him, it shall be the duty of the inspector of mines to immediately notify the attorney general of such neglect or refusal, and the attorney general, or the district attorney of the county in which said mine is situated, at the instigation of the attorney general, must thereupon immediately commence action in the name of the state against the party so notified for the enforcement of the penalty hereinafter mentioned in section 42 of this act in any court of competent jurisdiction.
κ1951 Statutes of Nevada, Page 170 (CHAPTER 127, SB 104)κ
of such mine or workings, promptly to comply with the requirements of the notice served upon him, it shall be the duty of the inspector of mines to immediately notify the attorney general of such neglect or refusal, and the attorney general, or the district attorney of the county in which said mine is situated, at the instigation of the attorney general, must thereupon immediately commence action in the name of the state against the party so notified for the enforcement of the penalty hereinafter mentioned in section 42 of this act in any court of competent jurisdiction.
Sec. 2. Section 11 of the above-entitled act, being section 4218, N. C. L. 1929, is hereby amended to read as follows:
Section 11. The inspector of mines shall, on the first day of August in the year 1952, and in every second year thereafter, file with the governor of the state the original draft of a report giving:
First-A list of all fatal accidents that have occurred during the two-year period, and the nature and cause of the same, together with the names of the persons fatally injured; also, a summary of nonfatal accidents that have been reported to the inspector of mines during the two-year period.
Second-The number of mines visited or examined during the two-year period, the number of mines currently in operation, the number, names and locations of mines that have become idle during the two-year period, and the total number of men currently employed.
Third-The name, location, and address of each currently active mine in the state which has been examined and from which the inspector has received a report as provided in section 6 of this act, together with data as to the manner of working the same, the number of men currently employed, and the products produced or being developed for production.
Fourth-The number and character of notices served, together with suggestions and recommendations made; the manner in which such suggestions and recommendations were complied with.
Fifth-The number of complaints received and the actions therein.
Sixth-The number of prosecutions for neglect or refusal to comply with notices.
Seventh-A summary of the reports received from mine owners and deputy inspectors.
Eighth-A full statement containing all available statistical and other information calculated to exhibit the mineral resources of the state and to promote the development of the same.
Ninth-Generally, such other information and suggestions as may be deemed advisable.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 171κ
Assembly Bill No. 224Mr. Byers
CHAPTER 128
AN ACT fixing the salaries and compensation of certain officers of Douglas County, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of three thousand six hundred dollars ($3,600) per annum, and mileage at the rate of five cents (5’) per mile when traveling by private conveyance in the performance of his official duties in the county. Said sheriff may, with the consent and approval of the board of county commissioners, appoint one or more deputies, and each deputy shall receive such salary, not to exceed two hundred and fifty dollars ($250) per month, and mileage, as may be fixed by the board of county commissioners. Said salaries shall be in full payment for all services performed by said sheriff and deputies.
Sec. 2. The assessor shall receive the sum of three thousand six hundred dollars ($3,600) per annum. Said salary shall be in full payment for all services now required by law to be performed by the assessor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 3. The county clerk and county treasurer shall receive the sum of three thousand nine hundred dollars ($3,900) per annum. Said salary shall be in full payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 4. The county recorder and county auditor shall receive the sum of three thousand three hundred ($3,300) dollars per annum. Said salary shall be in full payment for all services now required by law to be performed by the county recorder and county auditor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 5. The district attorney shall receive the sum of two thousand seven hundred dollars ($2,700) per annum. Said salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in Douglas County, and also attend to and be the legal advisor for said county.
Sec. 6. All of said salaries shall be paid in twelve monthly installments, on the first of each month of each year.
κ1951 Statutes of Nevada, Page 172 (CHAPTER 128, AB 224)κ
Sec. 7. The county commissioners of Douglas County shall receive the sum of six hundred sixty dollars ($660) per annum each, payable quarterly on the last day of March, June, September, and December, and mileage at the rate of fifteen cents (15’) per mile in going to the county seat when attending a session of the board
Sec. 8. All fees and commissions collected by the above-named officers in the performance of their respective duties as such officers shall be paid into the county treasury each month and no salary shall be allowed or paid to an officer for any month unless all such fees and commissions collected by such officer have been paid into the county treasury and an itemized statement of all fees and commissions collected by such officer during such month has been made, certified under oath, and filed by the said officer with the county clerk.
Sec. 9. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 10. This act shall become effective on April 1, 1951.
________
Assembly Substitute for Senate Bill No. 15Committee on Judiciary
CHAPTER 129
AN ACT to amend the title of an act and an act entitled An act for the determination of the termination of the interests of a deceased person in real property, approved February 23, 1939, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act, being found on page 14 of Statutes of Nevada 1939, is hereby amended to read as follows:
An act for the determination of the termination of the interests of a deceased person in real and personal property.
Sec. 2. Section 1 of the above-entitled act, being section 9895, N. C. L. 1931-1941 Supp., is hereby amended to read as follows:
Section 1. Whenever title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in such real or personal property, which interest is affected by the death of such person, may file in the district court of any county in which any part of such real or personal property is situated, a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner, and the interest of the deceased therein.
The clerk shall set the petition for hearing by the court, shall give notice thereof by causing a notice of the time and place of the hearing to be posted at the courthouse in the county where the court is held, at least ten days before the hearing; provided, the court may order such further notice to be given as in his judgment may seem proper.
The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of such death and the termination of the interest of the deceased in the real or personal property described in the petition.
κ1951 Statutes of Nevada, Page 173 (CHAPTER 129, AB 15)κ
render judgment thereon establishing the fact of such death and the termination of the interest of the deceased in the real or personal property described in the petition.
A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.
Sec. 3. The above-entitled act is further amended by adding a new section to be designated as section 1(a), which shall read as follows:
Section 1(a). Any petition, such as described in section 1 hereof, may be filed as a part of any probate proceeding.
Sec. 4. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 201Clark County Delegation
CHAPTER 130
AN ACT to amend an act entitled An act authorizing clerks for justice courts in townships having seven thousand or more population, fixing the duties of said clerks, and other matters relative thereto, approved March 25, 1939, as amended.
[Approved March 17, 1951]
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 8475.20, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. In any township in this state wherein the population at the last preceding census was seven thousand or more, the board of county commissioners may appoint a clerk for the justices court of said township, and provide compensation therefor not to exceed the sum of two hundred and fifty dollars ($250) per month upon the written nomination and recommendation of the duly elected, qualified, and acting justice of the peace of said township. Said justices clerk shall take the constitutional oath of office and give bond in the sum of two thousand ($2,000) dollars for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county. Said justices clerk shall have authority to administer oaths, take and certify affidavits and acknowledgments, issue process, enter suit on the docket, and do all clerical work in connection with the keeping of the records, files, and dockets of said court, and perform such other duties in connection with the office as the justice of the peace shall prescribe.
________
κ1951 Statutes of Nevada, Page 174κ
Senate Bill No. 51Senator Horlacher
CHAPTER 131
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 874a of the above-entitled act, being section 9364, N. C. L. 1929, is hereby amended to read as follows:
Section 874a. In all cases arising in the justices court for the recovery of money, only where the amount claimed does not exceed $200, and the defendant named is a resident of the township or city and county in which the action is to be maintained, the justices of the peace may proceed as in this act provided.
Sec. 2. Section 874b of the above-entitled act, being section 9365, N. C. L. 1929, is hereby amended to read as follows:
Section 874b. In all cases for the recovery of money only, where the amount claimed does not exceed $200, the action shall be deemed commenced when any person appears before any justice of the peace and executes an affidavit substantially in the form set forth in section 874c, of this title, and it shall be the duty of the justice of the peace to proceed as provided herein.
Sec. 3. Section 874n of the above-entitled act, being section 9377, N. C. L. 1929, is amended to read as follows:
Section 874n. No fee or charge of any kind or nature shall be charged or collected by any officer for any service rendered under this title except as herein provided. The justice of the peace shall, however, forthwith ascertain and charge as costs against the losing party and in favor of the prevailing party, without the filing of a cost bill, the costs of the proceeding as in other cases arising in justices court, which said sum when received by the justice of the peace shall be delivered to the county treasurer in the same manner as other fees are delivered by the justice of the peace. The prevailing party shall deposit the amount ascertained and assessed as costs with the justice of the peace before final judgment is rendered by the justice. The justice of the peace shall in the manner provided by law make and file a claim against the county to reimburse him for moneys expended for postage stamps and registry charges of post-office department incurred in connection with the duties prescribed in this act, which claims shall be acted upon by the county commissioners in the same manner as other claims presented to them; provided, that in those townships where the compensation of the justice of the peace consists of fees allowed by law, the justice of the peace in cases brought under the provisions hereof may charge and collect the same fees which a justice of the peace may charge and collect, and no others; and provided further, that in townships where the justice of the peace draws a flat salary, the county commissioners may make such allowance for such additional work, upon application of the justice of the peace, as may be deemed adequate for the services performed.
κ1951 Statutes of Nevada, Page 175 (CHAPTER 131, SB 51)κ
justice of the peace draws a flat salary, the county commissioners may make such allowance for such additional work, upon application of the justice of the peace, as may be deemed adequate for the services performed.
Sec. 4. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 213Messrs. McCuistion, Warner, and Fairchild
CHAPTER 132
AN ACT to amend an act entitled An act authorizing the purchase, lease, hire, exchange, transfer, or acquisition by gift or use, from the war assets administration or other agency of the United States government of installations, equipment, rights and other property of and appurtenant to the basic magnesium incorporated enterprise in Clark County, Nevada, and elsewhere; providing for the disposition of property to be so acquired and authorizing use of Colorado river commission funds for necessary expenditures to carry out the purpose of this act, and defining the duties of certain boards, commissions, or others in relation thereto, approved March 10, 1947, as amended.
[Approved March 17, 1951]
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 128 of the 1947 Statutes of Nevada, as amended by chapter 153 of the 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 4. The said board, after acquisition as aforementioned of any of the said property, shall have the right to, and they are hereby authorized to, negotiate for the sale, allotment, distribution, lease, sublease, of all or any such property to public or private corporations, concerns, or individuals on such terms as the board in its discretion shall deem to be just; provided, that no sale of any real property may be made without the approval of the state board of control, which shall execute any and all deeds. The proceeds of any sale, allotment, distribution, lease, sublease, granted as herein provided, shall be devoted on account in the first instance to carrying out the contract with the government of the United States or its agencies or corporations, referred to herein, with the balance paid into the general fund in the state treasury.
Sec. 2. This act and parts of acts in conflict with the provisions of this act are hereby repealed.
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κ1951 Statutes of Nevada, Page 176κ
Senate Bill No. 129Senator Nores
CHAPTER 133
AN ACT to amend an act entitled An 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, as amended.
[Approved March 17, 1951]
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 5180.09, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 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; provided, however, that the government of the district may be vested in a board of three, five, or seven directors, to be elected by the qualified electors of the district, as hereinafter provided, in sections 9.1, 9.2, 9.3, 9.4 and 9.5 of this act; and provided further, that the optional provisions of this act relative to electing the said board of directors, as provided in said sections, shall not apply in any county in which the total vote cast, at the last general election or any general election hereafter, for the office of representative in congress was or shall be less than 5,000.
(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 or elected 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 this 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 if elected his removal from office as provided by law, 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 fifteen dollars ($15) 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 two thousand dollars ($2,000) in any one year for the three directors.
κ1951 Statutes of Nevada, Page 177 (CHAPTER 133, SB 129)κ
sum of two thousand dollars ($2,000) 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. 2. This act shall take effect upon its passage and approval.
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Senate Bill No. 17Committee on Aviation, Transportation, and Highways
CHAPTER 134
AN ACT to amend an act entitled An act to require the registration of motor vehicles, trailers, and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers, and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a Motor Vehicle Fund, and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith, approved March 27, 1931, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 30 of the above-entitled act, being section 4435.29, 1929 Nevada Compiled Laws 1949 Supplement, is hereby amended to read as follows:
Section 30. (a) There is hereby created in the state treasury a fund which shall be known as the Motor Vehicle Fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this act in such motor vehicle fund.
Funds for the administration of the provisions of this act shall be provided by direct legislative appropriation from the highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay each and every item of expense which may be properly charged against the department, including the salaries of the clerks employed in said department. All claims for such expenses and salaries shall be certified to the board of examiners and paid as other claims against the state are paid.
(c) In addition to the foregoing the department will, at the end of the year, certify claims to the board of examiners in favor of each and every county of the state to the amount of seventy-five cents for each and every registration issued in that county; the amount shall be placed in a special fund by the treasurer and said fund shall be applied to the payment of expenses incurred by the assessor in carrying out the provisions of this act, to be paid as all other claims against the county are paid.
κ1951 Statutes of Nevada, Page 178 (CHAPTER 134, SB 17)κ
the payment of expenses incurred by the assessor in carrying out the provisions of this act, to be paid as all other claims against the county are paid.
(d) To meet the requirements of the Nevada Highway Bond Redemption Fund, as defined by section 6 of an act entitled An act authorizing the board of examiners to issue and sell bonds to provide money to pay a portion of the cost of constructing a state highway system, and providing for the payment of said bonds, approved March 28, 1919, and all subsequent acts relating thereto, the state controller is hereby authorized and directed to make the necessary transfer.
(e) When the foregoing requirements have been met the state controller shall transfer at the end of each quarter-year to the state highway fund any balance in the motor vehicle fund.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 103Committee on Aviation, Transportation, and Highways
CHAPTER 135
AN ACT to amend an act entitled An act to provide an excise tax on the use of combustible liquids and gases to propel motor vehicles on the highways of this state; to provide for the issuance of permits to users of such liquids and gases; to provide for the levy, assessment, collection, payment and disposition of such tax; to provide for the keeping of records by users of such liquids and gases; to provide for the administration and enforcement thereof by the Nevada tax commission; to prescribe penalties for violation of the provisions thereof; to provide that such tax shall be in lieu of certain taxes imposed by chapter 74, Statutes of Nevada 1935; and to define certain words, terms and phrases used herein, approved March 24, 1939, as amended.
[Approved March 17, 1951]
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 section 6570.23, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 4. After July 1, 1939, it shall be unlawful for any person to use fuel within this state unless such person shall have obtained a use fuel tax permit. Applications for such permits must be made to the commission upon forms prescribed by the commission. On receipt of such application the commission shall issue to the applicant a use fuel tax permit authorizing such person to use fuel within this state. Such permit shall be valid for the calendar year, and shall be renewed annually on or before January 1, of each year.
Sec. 2. Section 7 of the above-entitled act, being section 6570.26, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 7. Each user on or before the twenty-fifth day of August 1939, and on or before the twenty-fifth day of each and every month thereafter, shall file, in duplicate, on forms prescribed by the commission, a report showing the amount of fuel used during the immediately preceding calendar month by such user and such other information as the commission may require for the purposes of this act.
κ1951 Statutes of Nevada, Page 179 (CHAPTER 135, SB 103)κ
preceding calendar month by such user and such other information as the commission may require for the purposes of this act. The original of such report shall be filed with the commission. The duplicate of such report shall be filed with the state treasurer and shall be accompanied by a remittance, payable to the state treasurer, for the amount of excise tax due thereunder.
Sec. 3. The above-entitled act, being section 6570.20-6570.48, 1929 N. C. L. 1941 Supp., as amended, is further amended by adding thereto a new section, to follow immediately after section 7 thereof, to be numbered section 7.1, and to read as follows:
Section 7.1. The commission may, in cases where it deems such action necessary, require a bond duly executed by an applicant or holder of a use fuel permit as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this act and upon the punctual payment of all excise taxes and penalties due the State of Nevada. The total amount of such bond shall be fixed by the tax commission at twice the estimated amount of the monthly tax, determined in such manner as the tax commission shall deem proper, and may be increased or reduced by the tax commission at any time subject to the limitations herein prescribed; provided, however, that the total amount of such bond shall not exceed ten thousand dollars.
No recovery on any bond, nor the execution of any new bond, nor the revocation of any permit, shall affect the validity of any bond. In lieu of any such bond or bonds any applicant or holder of a use fuel permit may deposit with the state treasurer under such terms 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.
Sec. 4. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 178Mr. Humphrey
CHAPTER 136
AN ACT to provide local adoption of certain approved voting machines at any or all elections and all matters properly connected therewith.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.
Sec. 2. Ballot label, means that portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates, or a statement of a measure.
κ1951 Statutes of Nevada, Page 180 (CHAPTER 136, AB 178)κ
Sec. 3. Diagram means the sample ballot which is an illustration of the official ballot placed upon the machine, showing the names of the parties, offices and candidates, and statements of the measures in their proper places, together with the voting device therefor.
Sec. 4. The ballot labels for measure shall contain a condensed statement in, where possible, not more than twenty words, of each measure to be voted on, accompanied by the words Yes and No.
Sec. 5. The ballot label for measures to be voted on throughout the state shall be composed by the attorney general and shall be a condensed statement of the ballot title prepared by him.
Sec. 6. Irregular ballot means the paper or other material on which a vote is cast for persons whose names do not appear on the ballot labels.
Sec. 7. Vote indicator means those devices with which votes are indicated for candidates, or for or against measures.
Sec. 8. Counters means the counters on which are registered the votes cast for candidates and on measures.
Sec. 9. Public counter or protective counter means a counter or device that will register each time the machine is operated.
Sec. 10. Voting machine booth means the inclosure occupied by the voter when voting.
Sec. 11. Model means a mechanically operated model of a portion of the face of the machine illustrating the manner of voting.
Sec. 12. Statement of votes cast, means a statement and return in book or sheet form of the votes cast at any election together with suitable certificates of its correctness.
Sec. 13. Commission means the board of county commissioners.
Sec. 14. Commissioner means a member of the county commissioners of the county concerned.
Sec. 15. Clerk means the count clerk or other officer having charge of elections in any county or city in this state.
Sec. 16. No voting machine shall be used unless that type of machine has received the approval of the commission prior to any election at which it is to be first used.
Sec. 17. Any person or corporation owning or being interested in any voting machines may apply to the county commissioners to examine it and report on its accuracy and efficiency to register the votes cast thereon.
Sec. 18. The county commissioners shall examine all voting machines, which are offered for their inspection, and which have not previously received the approval of a majority of the county commissioners, in order to determine whether they comply with the requirements of this chapter.
Sec. 19. For the purpose of assistance in examining a voting machine the county commissioners may employ not more than three expert machinists at a cost of not more than ten dollars for each day for each machinist employed. The compensation of the machinists shall be paid by the person or corporation submitting the machine.
Sec. 20. Within thirty days after completing the examination of any voting machine the county commissioners shall make and file with the secretary of state a report stating whether in the opinion of the county commissioners the kind of machine examined can safely be used.
κ1951 Statutes of Nevada, Page 181 (CHAPTER 136, AB 178)κ
any voting machine the county commissioners shall make and file with the secretary of state a report stating whether in the opinion of the county commissioners the kind of machine examined can safely be used. The report shall also contain a written or printed description and drawings and photographs clearly identifying the machine and its mechanical operation.
Sec. 21. If the report states that the machine can be used, it shall be deemed approved by the county commissioners and machines of its kind may be adopted for use at elections.
Sec. 22. When the machine has been approved by the county commissioners any improvement or change that does not impair its accuracy and efficiency shall not render necessary a reexamination or reapproval.
Sec. 23. Within ten days after receiving the report of the county commissioners, the secretary of state shall send a copy to the election board.
Sec. 24. The county commissioners shall not approve any voting machine unless it fulfills the requirements of this article.
Sec. 25. It shall secure to the voter secrecy in the act of voting.
Sec. 26. It shall provide facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against measures.
Sec. 27. It shall permit the voter to vote for any person for any office that he has the right to vote for, but none other.
Sec. 28. It shall, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.
Sec. 29. It shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more.
Sec. 30. It shall prevent the voter from voting for the same person more than once for the same office.
Sec. 31. It shall permit the voter to vote for or against any measure he may have the right to vote on, but none other.
Sec. 32. It shall correctly register or record all votes cast for any and all persons and for or against any and all measures.
Sec. 33. When used in primary elections it shall be so equipped that the election officials can lock out all rows except those of the voters party by a single adjustment on the outside of the machine.
Sec. 34. It shall be provided with a lock or locks by which all operation of the registering mechanism can be prevented as soon as the polls of the election are closed.
Sec. 35. It shall be provided with a protective counter, or protective device whereby any operation or tampering with the machine before or after the election will be detected.
The protective counter or protective device shall be so constructed and so connected that it can not be reset, altered, or operated, except by operating the machine.
Sec. 36. It shall be provided with a counter which shall show at all times during an election how many persons have voted.
κ1951 Statutes of Nevada, Page 182 (CHAPTER 136, AB 178)κ
Sec. 37. It shall be provided with a mechanical model, suitable for the instruction of voters, illustrating the manner of voting on the machine.
Sec. 38. It shall provide in the general election, for grouping, under the name of the office to be voted on all the candidates for the office with the designation of the parties, if any, by which they were respectively nominated. The designation may be by usual or reasonable abbreviation of party names.
Sec. 39. Voting machines shall provide for the same order of the list of candidates for any office as on ballots where voting machines are not used.
Sec. 40. The voting devices for the candidates at primary elections shall be arranged in separate parallel party lines, one or more lines for each party and in parallel office rows transverse thereto, and for general elections shall conform as nearly as practicable to the form of ballot provided for general elections where voting machines are not used.
Sec. 41. If the voting machine is so constructed that a voter can cast a vote in part for delegates to a national convention or for presidential electors of one party and in part for those of one or more other parties or those not nominated by any party, it may also be provided with one device for each party, for voting for all the presidential electors of that party by one operation, and a ballot label therefor containing only the words presidential electors preceded by the name of the party and followed by the names of its candidates for the offices of president and vice president, and a registering device therefor which shall register the vote cast for the electors when thus voted collectively, and similarly may be provided with one device for each party for voting, at the presidential primary election, by one operation for each group of candidates to national conventions which may be voted for as a group according to the law governing presidential primaries.
Sec. 42. No straight party voting device shall be used except for delegates to a national convention or for presidential electors.
Sec. 43. The election board may adopt for use at elections any kind of voting machine approved by the county commissioners or the use of which has been specifically authorized by law. Such voting machine may be used at any or all elections held in any county, city, town or any political subdivision thereof for voting, registering and counting votes cast.
Sec. 44. Voting machines of different kinds may be adopted for different districts in the same county, city, town or political subdivision thereof.
Sec. 45. The election board adopting voting machines shall, as soon as practicable thereafter, provide for each polling place one or more voting machines in complete working order. When not in use at an election, the election board shall have the custody of the machines and of the furniture and equipment of the polling place.
Sec. 46. If it is impracticable to supply each election district with a voting machine at any election following their adoption, the election board may supply as many as it is practicable to procure, and may specify in which election district or precincts within its jurisdiction the machines will be used.
κ1951 Statutes of Nevada, Page 183 (CHAPTER 136, AB 178)κ
specify in which election district or precincts within its jurisdiction the machines will be used.
Sec. 47. The election board may provide for the experimental use, at an election in one or more precincts, of a machine which it might lawfully adopt, without its formal adoption. Its use at such election is as valid for all purposes as if it were lawfully adopted.
Sec. 48. The county commissioners or election board and the legislative bodies of incorporated cities may provide for the payment for or rental of a voting machine in such manner and method as they may deem for the best local interest.
Sec. 49. The ballot label shall be printed by the clerk in black ink on clear white material of such size as will fit the machine and in as plain, clear type as the space will reasonably permit.
Sec. 50. The list of offices and candidates, and the statements of measures used on the voting machines is an official ballot.
Sec. 51. The clerk shall furnish sufficient ballot labels for the voting machines used at any election.
Sec. 52. The officers or board charged with the duty of providing ballots for any polling place shall provide it two sample ballots which shall be arranged in the form of a diagram showing that part of the face of the voting machine which will be in use at that election.
Sec. 53. The sample ballots shall be either in full or reduced size and shall contain suitable illustrated directions for voting on the voting machine.
Sec. 54. The sample ballots shall be open to public inspection at the polling place during the election day.
Sec. 55. If the ballot is larger than the voting machine can accommodate, the clerk may place the ballot upon more than one voting machine, or place part of the ballot upon the voting machine and the remainder upon paper.
Sec. 56. Where both voting machines and paper ballots are used, the names of candidates shall as far as possible be placed upon the voting machines.
Sec. 57. The laws relating to voting machines and paper ballots generally, so far as applicable, shall apply respectively to that part voted upon voting machines and that part voted upon paper.
Sec. 58. Two sets of ballot labels shall be provided for each voting machine for each election. The ballot labels shall be delivered to the officer in charge of the voting machines at least ten days before the election.
Sec. 59. At the presidential primary, if the voting machine will accommodate it, the county central committee election ballot shall be placed upon the voting machine together with the presidential primary ballot.
Sec. 60. The officers charged with the duty of creating election precincts, at any time on or before the fortieth day preceding any election, may create, unite, divide, or combine the election precincts in which voting machines are to be used.
Sec. 61. The precinct board where voting machines are used shall consist of one inspector and two judges who shall be appointed pursuant to the law governing general elections where voting machines are not used, except as otherwise provided in this article.
κ1951 Statutes of Nevada, Page 184 (CHAPTER 136, AB 178)κ
consist of one inspector and two judges who shall be appointed pursuant to the law governing general elections where voting machines are not used, except as otherwise provided in this article. The judges shall act as clerks.
Sec. 62. Where more than one voting machine is used in any precinct there shall be appointed an additional inspector for each additional machine.
Sec. 63. Where part of the ballot is voted upon paper there shall be appointed an additional inspector.
Sec. 64. In the filling of any vacancy in a precinct board that may occur within ten days of the day of election the election board may appoint without reference to a particular precinct to any such vacancy any voter who has been fully instructed in the use and operation of the voting machine and is competent to act in either capacity as inspector or judge of election.
Sec. 65. The clerk shall place the proper ballot labels on the machines corresponding with the sample ballots providing for in this chapter, and put the machine in order, ready for use in voting.
Sec. 66. For the purpose of labeling, putting in order, setting and arranging the machine, the clerk shall employ competent persons who shall be sworn to perform their duties honestly and faithfully.
Sec. 67. The clerk shall not appoint any person to label, put in order, or set or arrange any voting machine, unless he is fully qualified to perform his duties in connection with the complete preparation of the machines for the election and the instruction of the election officers and voters.
Sec. 68. The assistants mentioned in sections 66 and 67 shall, under the direction of the clerk, label, put in order, set, arrange, and deliver the machines to the polling places of the election district in which the election is to be held, together with all furniture and appliances necessary for the proper conduct of the election, at least five hours before the time set for the opening of the polls on election day.
Sec. 69. In preparing a voting machine for an election the clerk shall according to the printed directions furnished, thoroughly test the machine and arrange the machine and the ballot labels so that the machine will in every particular meet with the requirements for voting and counting at the election.
Sec. 70. Before preparing a voting machine for any general election the clerk shall mail written notice to the chairman of the county, city or town committee of at least two of the principal political parties, stating the time and place where machines will be prepared. At the specified time one representative of each of such political parties shall be afforded an opportunity to see that the machines are in proper condition for use in the election.
Such representatives shall be sworn to perform faithfully their duties but shall not interfere with the officials or assume any of their duties. When a machine has been so examined by the representative it shall be sealed with a numbered metal seal. The representatives shall certify to the number of the machines; whether all of the counters are set at zero (000) and the number registered on the protective counter, and on the seal.
κ1951 Statutes of Nevada, Page 185 (CHAPTER 136, AB 178)κ
are set at zero (000) and the number registered on the protective counter, and on the seal.
Sec. 71. After the preparation of the machines, an officer of the precinct board or some one duly authorized, other than the person who has prepared them for the election shall inspect each machine, and report in writing whether all of the registering counters are set at zero (000) and the machine is arranged in all respects in good order for the election locked, the number registered on the protective counter, and the number on the seal.
Sec. 72. When a voting machine has been properly prepared for election, it shall be locked against voting and sealed. The keys shall be delivered to the election board together with a written report, made on blanks furnished, stating that it is in every way properly prepared for the election.
Sec. 73. All voting machines shall be transferred to the polling places in charge of an authorized official, who shall certify to their delivery in good order.
Sec. 74. Every voting machine shall be furnished with a light sufficient to enable voters while in the booth to read the ballot labels and suitable for use by the election officers in examining the counters. The light shall be in good order for use before the opening of the polls.
Sec. 75. All voting machines used in any election shall be provided with a screen so adjusted as to conceal completely the voter and his action while voting.
Sec. 76. Not less than ten days before each election, the clerk shall instruct each precinct board in the use of the machine, and in their duties as members of the precinct board in connection therewith.
Sec. 77. A member of a precinct board shall not serve in any election at which a voting machine is used, unless he has received instruction and is fully qualified to perform his duties in connection with the machine and has received a certificate to that effect.
Sec. 78. For the purpose of giving instruction in the use of voting machines the clerk shall call any meeting, or meetings, of the precinct boards which may be necessary. The precinct board of each election precinct in which a voting machine is used, shall attend any meeting called for the purpose of receiving instruction concerning their duties and necessary for the proper conduct of the election with the machine.
Sec. 79. The clerk shall give to each officer of election that has received instruction and is fully qualified properly to conduct the election with the machine, a certificate to that effect.
Sec. 80. This article does not prevent the appointment and service of a member of a precinct board to fill a vacancy in an emergency.
Sec. 81. Not alter than twelve hours before the time for opening the polls the clerk shall deliver to the inspector or one of the judges of the election in a sealed envelope the keys for the voting machine. On this envelope shall be written the designation and location of the election precinct, the number of the voting machine, the number or other designative mark on the seal, and the number registered on the protective counter.
κ1951 Statutes of Nevada, Page 186 (CHAPTER 136, AB 178)κ
Sec. 82. A receipt shall be taken on the blank attached to such envelope.
Sec. 83. The clerk shall also deliver two diagrams, one extra set of ballot labels, one envelope containing the seal for sealing the machine after the polls are closed, one envelope for the return of the keys, two statements of the result of the vote cast and all other supplies necessary for conducting the election.
Sec. 84. Each precinct board shall meet at the polling place at least three-quarters of an hour before the time set for the opening of the polls at each election, and shall proceed to arrange for the proper conduct of the election.
Sec. 85. The precinct board shall cause at least two instruction cards to be posted conspicuously within the polling place.
Sec. 86. The envelope containing the keys to the voting machine shall not be opened until at least two members of the precinct board are present at the polling place and have examined the envelope to see that it has not been opened.
Sec. 87. Before opening the envelope containing the keys all election officers present shall examine the number on the seal on the machine, also the number registered on the protective counter, and shall see if they are the same as the numbers written on the envelope containing the keys. If the numbers on the seal and protective counter are found to agree with the numbers on the envelope the inspectors shall proceed to open the doors concealing the counters.
Sec. 88. Before the polls are open for election, each member of a precinct board shall carefully examine every counter and see that it registers zero (000) and they shall be subject to the inspection of the official watchers. The machine shall remain locked against voting until the polls are formally opened, and shall not be operated except by voters in voting.
Sec. 89. If any counter is not found to register zero (000), the precinct board shall immediately make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post it upon the wall of the polling room, where it shall remain throughout the election day. In filling out the statement of return of votes cast, the precinct board shall subtract that number from the number then registered thereon.
Sec. 90. The exterior of the voting machine and every part of the polling places shall be in plain view of the election officers and watchers. The voting machine shall be placed at least four feet from the poll clerks table.
Sec. 91. The voting machine shall be so located in the polling place, that, unless its construction requires otherwise, the ballot labels on the face of the machine can be plainly seen by the election officers when not in use by voters.
Sec. 92. The election officer attending the machine shall inspect the face of the machine after each voter has cast his vote, to see that the ballot labels are in their proper places.
Sec. 93. After the opening of the polls, the precinct board shall not allow any voter to enter the voting machine until it ascertains that he is entitled to vote.
κ1951 Statutes of Nevada, Page 187 (CHAPTER 136, AB 178)κ
not allow any voter to enter the voting machine until it ascertains that he is entitled to vote.
Sec. 94. Before each voter enters the voting machine, the precinct board shall, so far as possible, inform him how to operate the machine, and illustrate its operation upon the model of the machine, and call his attention to the diagram. If any voter, after entering the voting machine, asks for information regarding its operation, the board of election shall give him the necessary information.
Sec. 95. A voter shall not remain within the voting machine booth longer than two minutes. If he refuses to leave it after the lapse of two minutes, he may be removed by the precinct board.
Sec. 96. Where two or more persons are to be elected to the same office, and each candidates name is placed upon or adjacent to a separate key or device, and the machine requires that all irregular ballots voted for that office be deposited, written or affixed in or upon a single receptacle or device, a voter may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine with or without the names of one or more persons whose names do so appear.
Sec. 97. In voting for presidential electors, a voter may vote an irregular ticket made up of the names of persons in nomination by different parties, or partially of names of persons so in nomination and partially of names of persons not in nomination, or wholly of names of persons not in nomination by any party. Such irregular ballot shall be deposited, written or affixed in or upon the receptacle or device provided on the machine for that purpose.
Sec. 98. With the exceptions provided in sections 96 and 97 an irregular ballot shall not be voted for any person for any office whose name appears on the machine as a nominated candidate for that office. Any irregular ballot so voted shall not be counted.
Sec. 99. An irregular ballot shall be cast in its appropriate place on the machine, or it shall be void and not counted.
Sec. 100. In each election district where voting machines are used, on a form approved by the secretary of state, statements of the results of the vote cast shall be printed to conform with the type of voting machine used.
Sec. 101. The designating number and letter on the counter for each candidate shall be printed next to the candidates name on the statements of result of the vote cast. Two such statements shall be used in each election district.
Sec. 102. The precinct board shall, before it adjourns, post conspicuously, on the outside of the polling place, a copy of the result of the votes cast at the polling place, the copy of the result shall be signed by the members of the precinct board and attested by the clerks.
Sec. 103. The precinct board shall immediately transmit unsealed to the clerk a copy of the result of the votes cast at the polling place, which copy shall be signed by the members of the precinct board, and shall be open to public inspection.
Sec. 104. The statement of result of votes cast shall show the total number of votes cast for each office, the number of votes cast for each candidate as shown on his counter, and the number of votes for persons not nominated which shall be certified by the precinct board.
κ1951 Statutes of Nevada, Page 188 (CHAPTER 136, AB 178)κ
number of votes cast for each office, the number of votes cast for each candidate as shown on his counter, and the number of votes for persons not nominated which shall be certified by the precinct board.
Sec. 105. The statement of results of votes cast shall also contain:
(a) Printed directions to the election officers for the guidance before the polls are opened and when the polls are closed.
(b) A certificate which shall be signed by the election officers before the polls are opened, showing:
(1) The delivery of the keys in sealed envelope.
(2) The number on the seal.
(3) The number registered on the protective counter.
(4) Whether all of the counters are set at zero (000).
(5) Whether the public counter is set at zero (000).
(6) Whether the ballot labels are properly placed in the machine.
(c) A certificate which shall be filled out after the polls have been closed, showing:
(1) That the machine has been locked against voting and sealed.
(2) The number of voters as shown on the public counter.
(3) The number on the seal.
(4) The number registered on the protective counter.
(5) That the voting machine is closed and locked.
Sec. 106. As soon as the polls are closed, the precinct board shall immediately in the presence of the watchers and all others lawfully present lock the voting machine against voting, and open the counting compartments giving full view of all counter numbers. The chairman of the precinct board shall, in the order of the offices as their titles are arranged on the machine, read and distinctly announce the designating number and letter on each counter for each candidates name, the result as shown by the counter numbers, and shall then read the votes recorded for each office on the irregular ballots. He shall also in the same manner announce the vote on each measure.
Sec. 107. A member of the precinct board shall enter the vote as registered on the statements of result of votes cast, in the same order on the space which has the same designating number and letter, after which another member shall verify the figures by calling them off in the same manner from the counters of the machine. The counter compartment of the voting machine shall remain open until the official returns and all other reports have been fully completed and verified by the precinct board.
Sec. 108. During the reading of the result of votes cast any candidate or watcher who may desire to be present shall be admitted to the polling place. The proclamation of the result of the votes cast shall be distinctly announced by the precinct board who shall read the name of each candidate, with the designating number and letter of his counter, and the vote registered on such counter, also the vote cast for and against each measure submitted. During the proclamation ample opportunity shall be given to any person lawfully present to compare the result so announced with the counter dials of the machine and any necessary corrections shall then and there be made by the precinct board, after which the doors of the voting machine shall be closed and locked.
κ1951 Statutes of Nevada, Page 189 (CHAPTER 136, AB 178)κ
board, after which the doors of the voting machine shall be closed and locked.
Sec. 109. Before adjourning the precinct board shall, with the seal provided, so seal the operating lever and lock the machine that the voting and counting mechanism will be prevented from operation.
Sec. 110. The precinct board shall, as soon as the count is complete and fully ascertained, lock the machine against voting and it shall remain locked and sealed against operation until the time for filing contest of election has expired which shall not exceed a period of thirty days following any state-wide primary, general or special election or a period of eight days following any local election.
Sec. 111. Before proceeding to canvass the returns of an election at which voting machines have been used to register the votes cast, the board authorized to canvass returns shall unseal the machines and take off and record the records of votes cast for the several candidates voted for and for and against the several measures voted upon. Each voting machine shall immediately be resealed.
Sec. 112. Whenever it appears that there is a discrepancy in the returns of any election precinct, the clerk shall summon the precinct board thereof and the precinct board shall, in the presence of the clerk make a record of the number of the seal and the number of the protective counter, open the counter compartment of the machine, without unlocking the machine against voting, and shall recanvass the vote cast thereon.
Sec. 113. The precinct board shall inclose the keys of the machine in an envelope which shall be supplied by the officials on which they shall write the number of the machine, the number on the seal, the number registered on the protective counter, and the precinct and other district where it has been used, and which they shall securely seal, endorse, and return to the officer from whom the keys were received.
Sec. 114. A public officer who, by any provision of law, is entitled to the custody of a machine for any period of time is entitled to the keys therefor while the machine is in his charge.
Sec. 115. All election officers, or persons entrusted with the keys of a voting machine for election purposes, or in the preparation of the machine therefor, shall not retain them longer than necessary to use them for those legal purposes.
________
κ1951 Statutes of Nevada, Page 190κ
Assembly Bill No. 110Messrs. Folsom, Byers, and Chapman
CHAPTER 137
AN ACT to amend an act entitled An act to declare the necessity of creating governmental subdivisions of the state, to be known as soil conservation districts, to engage in conserving soil resources and preventing and controlling soil erosion; to establish the state soil conservation committee, and to define its powers and duties; to provide for the creation of soil conservation districts; to define the powers and duties of soil conservation districts, and to provide for the exercise of such powers, including the power to acquire property by purchase, gift, and otherwise; to empower such districts to adopt programs and regulations for the discontinuance of land-use practices contributing to soil wastage and soil erosion, and the adoption and carrying out of soil-conserving land-use practices, and to provide for the enforcement of such programs and regulations; to provide for establishing boards of adjustment in connection with land-use regulations, and to define their functions and powers; to provide for financial assistance to such soil conservation districts; to declare an emergency requiring that this act take effect from the date of its passage, and for other purposes, approved March 30, 1937, as amended.
[Approved March 17, 1951]
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 section 6870.04, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 4. (a) There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this act, the state soil conservation committee. The committee shall consist of a chairman and six (6) members. The following shall serve, ex officio, as members of the committee: the director of the state extension service, the director of the state agricultural experiment station and the state conservationist of the soil conservation service. The governor shall appoint four (4) members from a list of ten names of persons, submitted to him by the Nevada association of soil conservation districts, not more than one (1) of which persons shall reside in any one county or district, and who are or shall have been farm operators within the State of Nevada, to serve with the above-designated members as the state soil conservation committee. The committee shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this act.
(b) The state soil conservation committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensations, subject to the limitations of the laws of the State of Nevada. The committee may call upon the attorney general of the state of such legal services as it may require, or may employ its own counsel and legal staff. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper.
κ1951 Statutes of Nevada, Page 191 (CHAPTER 137, AB 110)κ
members, or to one or more agents or employees, such powers and duties as it may deem proper. It shall be supplied with suitable office accommodations at the university of Nevada. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning shall, insofar as may be possible under available appropriation, and having due regard to the needs of the agency to which the request is directed, assign or detail to the committee members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys, or studies as the committee may request.
(c) The committee shall designate its chairman, and may, from time to time change such designation. An ex officio member of the committee shall hold office as long as he shall retain the office by virtue of which he shall be serving on the committee. The term of office of an appointed member shall be for two years, or until a successor shall have been appointed. A majority of the committee shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The chairman and members of the committee shall receive no compensation for their services on the committee, but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the committee. The committee shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements.
(d) In addition to the duties and powers hereinafter conferred upon the state soil conservation committee, it shall have the following duties and powers:
(1) To offer such assistance as may be appropriate to the supervisors of soil conservation districts, organized as provided hereinafter, in the carrying out of any of their powers and programs.
(2) To keep the supervisors of each of the several districts organized under the provisions of this act informed of the activities and experience of all other districts organized hereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them.
(3) To coordinate the programs of the several soil conservation districts organized hereunder so far as this may be done by advice and consultation.
(4) To secure the cooperation and assistance of the United States and any of its agencies; and of agencies of this state, in the work of such districts.
(5) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts organized hereunder, and to encourage the formation of such districts in areas where their organization is desirable.
κ1951 Statutes of Nevada, Page 192 (CHAPTER 137, AB 110)κ
Sec. 2. Section 5 of the above-entitled act, being section 6870.05, 1929 N. C. L. 1941 Supp., is further amended to read as follows:
Section 5. (a) Any ten (10) occupiers of land lying within the limits of the territory proposed to be organized into a district may file a petition with the state soil conservation committee asking that a soil conservation district be organized to function in the territory described in the petition. Such petition shall set forth:
(1) The proposed name of said district;
(2) That there is need, in the interest of public health, safety, and welfare, for a soil conservation district to function in the territory described in the petition;
(3) A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate;
(4) A request that the state soil conservation committee duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory, and that the committee determine that such a district be created.
Where more than one petition is filed covering parts of the same territory, the state soil conservation committee may consolidate all or any such petitions.
(b) Within thirty days (30) after such a petition has been filed with the state soil conservation committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this act, and upon all questions relevant to such inquiries. All occupiers of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held. After such hearing, if the committee shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define by metes and bounds or by legal subdivisions the boundaries of such district. In making such determination and in defining such boundaries, the committee shall give due weight and consideration of the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil conservation districts already organized or proposed for organization under the provisions of this act, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in section 2 of this act.
κ1951 Statutes of Nevada, Page 193 (CHAPTER 137, AB 110)κ
consideration of the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil conservation districts already organized or proposed for organization under the provisions of this act, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in section 2 of this act. The territory to be included within such boundaries need not be contiguous; provided, that after consideration of the petition and of any other evidence of interest in the organization of a district, and of the relevant factors regarding the need for a district to function in the territory being considered, the state committee may make the determination of such need without holding a hearing. If the committee shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same territory may be filed as aforesaid and new hearings held and determinations made thereon.
(c) After the committee has made and recorded at determination that there is need, in the interest of the public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil conservation districts in this act is administratively practicable and feasible. To assist the committee in the determination of such administrative practicability and feasibility, it shall be the duty of the committee, within a reasonable time after entry of the finding, that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given.
The question shall be submitted by ballots upon which the words For creation of a soil conservation district of the lands below described and lying in the county(ies) of , and and Against creation of a soil conservation district of the lands below described and lying in the county(ies) of , and shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the committee. All occupiers of lands lying within the boundaries of the territory, as determined by the state soil conservation committee, shall be eligible to vote in such referendum.
κ1951 Statutes of Nevada, Page 194 (CHAPTER 137, AB 110)κ
within the boundaries of the territory, as determined by the state soil conservation committee, shall be eligible to vote in such referendum. Only such land occupiers shall be eligible to vote.
(d) The committee shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda, and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.
(e) The committee shall publish the result of such referendum and shall thereafter reconsider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereafter provided. In making such determination the committee shall give due regard and weight to the attitudes of the occupiers of lands lying within the defined boundaries, the number of land occupiers eligible to vote in such referendum who shall have voted the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the land occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in section 2 of this act; provided, however, that the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.
(f) If the committee shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) supervisors to act as the governing body of the district, until the time of the election of five supervisors by the qualified electors of the district, at which time such appointments shall be terminated. Such district shall be a governmental subdivision of this state and a public body corporate and politic, upon the taking of the following proceedings:
The two appointed supervisors shall present to the secretary of state an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals): (1) that a petition for the creation of the district was filed with the state soil conservation committee pursuant to the provisions of this act, and that the proceedings specified in this act were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this act; and that the committee has appointed them as supervisors; (2) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (3) the term of office of each of the supervisors; (4) the name which is proposed for the district; and (5) the location of the principal office of the supervisors of the district.
κ1951 Statutes of Nevada, Page 195 (CHAPTER 137, AB 110)κ
an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals): (1) that a petition for the creation of the district was filed with the state soil conservation committee pursuant to the provisions of this act, and that the proceedings specified in this act were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this act; and that the committee has appointed them as supervisors; (2) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (3) the term of office of each of the supervisors; (4) the name which is proposed for the district; and (5) the location of the principal office of the supervisors of the district. The application shall be subscribed and sworn to by each of the said supervisors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officers presence. The application shall be accompanied by a statement by the state soil conservation committee, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued, and hearing held as aforesaid; that the committee did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the committee did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the committee.
The secretary of state shall examine the application and statement, and if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them, and shall record them in an appropriate book of record in his office. If the secretary of state shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the state soil conservation committee, which shall thereupon submit to the secretary of state a new name for the said district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the secretary of state shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed, and recorded, as herein provided, the district shall constitute a governmental subdivision of this state and a public body corporate and politic.
κ1951 Statutes of Nevada, Page 196 (CHAPTER 137, AB 110)κ
politic. The secretary of state shall make and issue to the said supervisors a certificate, under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the state soil conservation committee as aforesaid, but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this act.
(g) After six (6) months shall have expired from the date of entry of a determination by the state soil conservation committee that operation of proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this act.
(h) Petitions for including additional territory within an existing district may be filed with the state soil conservation committee, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion, except that the application for a certificate of inclusions shall be signed by the chairman and secretary of the board of supervisors of the district into which the additional territory is to be included. The committee shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this act for petitions to organize a district. Where the total number of land occupiers in the area proposed for inclusion shall be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held. In referenda upon petitions for such inclusion, all occupiers of land lying within the proposed additional area shall be eligible to vote.
(i) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of this act upon proof of the issuance of the aforesaid certificate by the secretary of state. A copy of such certificate duly certified by the secretary of state shall be admissible in evidence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof.
Sec. 3. Section 6 of the above-entitled act, being section 6870.06, 1929 N. C. L. 1941 Supp., as amended by section 2 of chapter 119, 1947 Statutes of Nevada, is further amended to read as follows:
Section 6. Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a soil conservation district, nominating petitions may be filed with the state soil conservation committee to nominate candidates for supervisors of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the committee, unless it shall be subscribed by three (3) or more occupiers of land lying within the boundaries of such district. Land occupiers may sign more than one such nominating petition to nominate more than one candidate for supervisor.
κ1951 Statutes of Nevada, Page 197 (CHAPTER 137, AB 110)κ
nominating petition to nominate more than one candidate for supervisor. The committee shall give due notice of an election to be held for the election of five supervisors for the district. The names of all nominees on behalf of whom such nominating positions have been filed within the time herein designated, shall be printed, arranged in alphabetical order of the surnames, upon ballots, with a square before each name, and a direction to insert an X mark in the square before any five names to indicate the voters preference. All owners of record and all tenants for a term of one year or longer, of agricultural lands lying within the district shall be eligible to vote in such election. Only such land occupiers shall be eligible to vote. The three candidates who shall receive the largest number, respectively, of the votes cast in such election shall be the supervisors for each district for the terms of three years each, and the candidates receiving the fourth and fifth highest number of votes shall be supervisors for terms of two and one years, respectively. The committee shall supervise the conduct of such election, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof.
Sec. 4. Section 7 of the above-entitled act, being section 6870.07 of 1929 N. C. L., 1941 Supp., is further amended to read as follows:
Section 7. The governing body of the district shall consist of five (5) supervisors, elected or appointed as provided hereinabove. The two supervisors appointed by the committee shall be persons who are by training and experience qualified to perform the specialized skilled services which will be required of them in the performance of their duties hereunder. The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each supervisor shall be three (3) years, except that two of the supervisors who are first elected shall be designated to serve for terms of one and two years, respectively, from the date of their election. A supervisor shall hold office until his successor has been elected or appointed and has qualified. Vacancies shall be filled for the unexpired term within two weeks of the occurrence of the vacancy, by appointment by the remaining supervisors of the district. The chairman of the district governing body shall certify all such appointments immediately to the state soil conservation committee and to the secretary of state.
The county clerk of the county in which a soil conservation district is situated shall conduct an annual election for the replacing of any supervisor(s) whose term has expired and shall pay all costs of such election from county funds. Such election(s) shall be held during the period November 15th to March 31st of each year. The county clerk shall give public notice of such election by publication and/or written notice individually mailed to qualified electors not less than ten (10) days in advance of the date of election. The election shall be held at a mass meeting of electors in a centrally located public meeting place within the district. The county clerk shall preside at this meeting and the secretary of the soil conservation district shall keep a record of transactions at the meeting.
κ1951 Statutes of Nevada, Page 198 (CHAPTER 137, AB 110)κ
transactions at the meeting. Nominations shall be made verbally and voting shall be by secret ballot. The county clerk shall appoint five of the electors present to act, without pay, as judges and tellers. The result of the election shall be certified to the state soil conservation committee and to the secretary of state within one week following the date of election. If a soil conservation district embodies land lying in more than one county, the county clerks of the respective counties shall confer and delegate to the clerk of the county having the greatest number of qualified soil conservation district electors the duty of carrying out the provisions of this section, and shall reimburse the latter mentioned county on a pro rata for their respective counties share of the expenses of conducting the election.
A majority of the supervisors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties.
The supervisors may employ a secretary, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney general of the state for such legal services as they may require, or may employ their own counsel and legal staff. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents, or employees, such powers and duties as they may deem proper. The supervisors shall furnish to the state soil conservation committee, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this act.
The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements. Any supervisor may be removed by the state soil conservation committee, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.
The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.
________
κ1951 Statutes of Nevada, Page 199κ
Senate Bill No. 102Committee on Aviation, Transportation, and Highways
CHAPTER 138
AN ACT to amend an act entitled An 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, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 6570.01-6570.16, 1929 N. C. L. 1941 Supp., as amended, is further amended by adding thereto a new section, to be numbered section 4.1, and to read as follows:
Section 4.1. The provisions requiring the payment of excise taxes do not apply to motor vehicle fuel distributed, or delivered on the order of the owner, to a dealer who has furnished bond and security in the maximum amount prescribed in section 4 hereof and who has established to the satisfaction of the tax commission that this bond is sufficient security to assure payment of all excise taxes as they may become due to the state from him under this act.
Every dealer claiming exemption shall report the distributions to the tax commission in such detail as the tax commission may require; otherwise the exemption granted in this section shall be null and void and all fuel shall be considered distributed in this state subject fully to the provisions of this act.
Sec. 2. Section 10 of the above-entitled act, being section 6570.10, 1929 N. C. L. 1941 Supp., is amended to read as follows:
Section 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-half 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.
κ1951 Statutes of Nevada, Page 200 (CHAPTER 138, SB 102)κ
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. 3. This act shall be in full force and effect from and after its passage and approval.
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Senate Bill No. 83Senator Murray
CHAPTER 139
AN ACT to amend an act entitled An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto, approved March 28, 1919, as amended.
[Approved March 17, 1951]
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 207, page 449, Statutes 1949, and also being section 6104, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 5. The appointive commissioner who shall devote his entire time to the business of the commission shall receive a salary of six thousand ($6,000) dollars per annum; the other appointive commissioner shall receive a salary of three thousand ($3,000) dollars per annum; all of said salaries shall be paid as other state officers are paid. Said commission shall appoint a secretary who shall be an expert rate man and who shall receive a salary of five thousand ($5,000) dollars per annum; and an assistant secretary who shall receive a salary of three thousand six hundred ($3,600) dollars per annum; of the salaries hereinbefore set forth, the following sums shall be paid from the highway fund:
Full-time appointive commissioner................................................ $1,000 per year
Part-time appointive commissioner............................................... 500 per year
Secretary............................................................................................ 1,400 per year
Assistant secretary.......................................................................... 500 per year
The commission may employ such other clerks, experts, or engineers as may be necessary, and shall fix their compensation; provided that such appointments and employments and the compensation therefor shall first be approved by the state board of examiners.
Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall become effective July 1, 1951.
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