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κ1908 Statutes of Nevada, 2nd Special Session, Page 19κ

 

LAWS OF THE STATE OF NEVADA

PASSED AT THE

SPECIAL SESSION OF THE LEGISLATURE

 

1908

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CHAPTER 1

Chapter I.–An Act to create a Legislative Fund.

 

[Approved January 17, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and per diem of members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specially appropriated, the sum of twenty-five thousand ($25,000) dollars, which shall constitute the Legislative Fund.

      Sec. 2.  The State Controller is hereby authorized and required to draw his warrant 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 him, in accordance with law, and the State Treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund, at the adjournment of the Legislature, shall revert to the General Fund.

 

 

 

 

 

 

 

State Treasurer required to set apart money.

 

 

Controller authorized to draw warrant.

 

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CHAPTER 2

Chap. II.–An Act to provide for copying the Journal of the Senate of the Special Session convening January 14, 1908.

 

[Approved January 20, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of one hundred dollars ($100) is hereby appropriated out of the Legislative Fund of the State Treasury, to be paid Raymond B. Crowell and Miss Tichelle Cohn for copying the Journal of the Senate for the Special Session of the Legislature, convening at Carson City, January 14, 1908, for the State Printer.

 

 

 

 

 

 

 

 

Appropriation for copying Senate Journal.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 20 (CHAPTER 2)κ

 

 

 

Secretary of State to certify.

Session of the Legislature, convening at Carson City, January 14, 1908, for the State Printer.

      Sec. 2.  Upon receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Senate for the Special Session of the Nevada State Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrants in favor of the said Raymond B. Crowell and Miss Tichelle Cohn, named in Section 1 of this Act, for the said sum of fifty dollars ($50) each, and the State Treasurer shall pay the same.

 

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CHAPTER 3

 

 

 

 

 

 

 

 

Per diem for copying Assembly Journal.

 

 

Secretary of State to certify.

Chap. III.–An Act to provide for the copying of the Journal of the Assembly of the Extraordinary Session of the Nevada State Legislature.

 

[Approved January 22, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  That the sum of six dollars per day for each day of the full term of this session is appropriated out of the Legislative Fund of the State Treasury, to be paid to Mrs. Constance Meffley for copying the Journal of the Assembly of the Extraordinary Session of the State Legislature for the State Printer.

      Sec. 2.   Upon receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Assembly for said session of the Nevada Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of Mrs. Constance Meffley for the sum of six dollars for each and every day of the legislative session, and the State Treasurer shall pay the same.

 

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CHAPTER 4

 

 

 

 

 

 

 

 

 

 

 

 

Nevada State Police created.

How composed.

Chap. IV.–An Act to provide for the creation, organization and maintenance of the Nevada State Police, prescribing the powers and duties of the officers and members thereof in maintaining peace, order and quiet in the State of Nevada, fixing their compensation, providing certain penalties, and other matters relating thereto, making an appropriation therefor, and repealing all Acts or parts of Acts in conflict therewith.

 

[Approved January 29, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby created a State police force to be known as and called the “Nevada State Police.”

      Sec. 2.  The said “Nevada State Police” shall consist of a Superintendent of Police, to be appointed by the Governor, one Inspector, four Sergeants, twenty-five subordinate police officers, and two hundred and fifty reserves.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 21 (CHAPTER 4)κ

 

one Inspector, four Sergeants, twenty-five subordinate police officers, and two hundred and fifty reserves.

      Sec. 3.  The Superintendent of Police shall, subject to the approval of the Governor, appoint all officers and members of the said “Nevada State Police,” and may remove any such officer or member without notice.

      Sec. 4.  The Superintendent of Police shall be over the age of thirty years. He shall be the ranking officer in the field, subject only to the Governor, and shall be removed by the Governor at any time, without previous notice. The said Superintendent of Police shall have the rank of Captain.

      Sec. 5.  All officers and other members of the “Nevada State Police,” appointed by the Superintendent of Police, shall be citizens of the United States and residents of the State of Nevada for a period of at least six months, of good moral character, and who have never been convicted of a felony or other infamous crime, and shall pass such examinations as to their qualifications, mental and physical, as may be prescribed by the said Superintendent of Police and approved by the Governor. The Inspector shall be a competent military instructor.

      Sec. 6.  It shall be the duty of each member of the “Nevada State Police,” and he shall have the power:

      (a) To make arrests, with or without warrant, of any and all persons charged with crime, or to arrest and detain all persons suspected of the commission of any offense, or of violating any law of this State, or of the United States, and shall bring such prisoners as may be apprehended forthwith before the proper tribunal for examination and trial;

      (b) To suppress all riots, routs, affrays, or disturbances of any kind within this State, and to arrest any and all persons engaged or abetting therein, and for this purpose shall have the power to command the assistance of all peace officers and all other citizens of this State;

      (c) To serve any criminal process within this State, issued by any court of this State;

      (d) To cooperate with the local authorities in detecting crime, and in apprehending any person or persons engaged in or suspected of the commission of a crime;

      (e) To do and perform all duties required of any peace officer of this State, except he shall not serve civil process.

      Sec. 7.  It is hereby made the duty of all officers or jailers having charge or custody of any jail or place of detention to receive all prisoners arrested by any member of the “Nevada State Police,” and to detain them in custody until ordered to be released by the said “Nevada State Police” or by a court of competent jurisdiction. Any officer, jailer or person having custody of any jail or place of detention, who shall refuse to so receive and detain such prisoners, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred ($500) dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment, and in addition thereto shall forfeit his office.

 

 

Appointments.

 

 

Qualifications and rank of Superintendent.

 

 

Qualifications of all members.

 

 

 

 

 

Duties.

 

Make arrests

 

 

 

Suppress riots, etc.

 

 

 

Serve criminal process.

Detect crime.

 

Not serve civil process.

 

Jailers to receive prisoners.

 

 

 

 

Penalty.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 22 (CHAPTER 4)κ

 

 

 

Martial law, when.

 

 

 

 

 

Reserve force.

 

 

 

 

 

 

 

 

Arms, uniform, etc.

 

 

Duties of Adjutant-General.

 

 

 

 

 

 

 

 

 

 

Superintendent to make rules and regulations.

dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment, and in addition thereto shall forfeit his office.

      Sec. 8.  Whenever the Governor shall declare martial law within any county or counties in this State, or when he shall declare any county or counties in this State to be in a state of insurrection, after the date of such declaration, and until the same shall have been revoked, the said “Nevada State Police” shall have full and absolute power to take any and all steps necessary and proper for the preservation of life and property and the restoration of peace and order.

      Sec. 9.  The Superintendent of Police shall also organize a reserve force of the “Nevada State Police,” and shall, subject to the approval of the Governor, appoint such numbers of officers and men for the same as he may deem necessary, not to exceed two hundred and fifty, and shall prescribe such rules and regulations as may be necessary to properly discipline the said reserve force. In times of emergency, and when so directed by the Governor, the Superintendent of Police shall call into active service from such reserve force as many men as he may deem necessary to preserve peace and order, and to protect life and property in any community of this State.

      Sec. 10.  The Superintendent of the “Nevada State Police” shall also designate the kind and character of the arms, equipment and accouterments to be carried or used by the members of the said “Nevada State Police,” and shall also prescribe the kind of uniform and badges of office to be used by the members of the said “Nevada State Police.” It shall be the duty of the Adjutant-General of the State of Nevada to provide the members of the said “Nevada State Police” with such arms, at cost, the price of which shall be deducted from the first money due such member of said “Nevada State Police.” The sums so paid for arms shall be returned to such member upon delivering up such arms in good condition to the Adjutant-General. The Adjutant-General shall also furnish the officers and members of the “Nevada State Police,” except the Superintendent and Inspector, the badges and uniform designated by the Superintendent, also all equipments, accouterments and ammunition required. When martial law has been declared by the Governor, the Adjutant-General shall also furnish all rations, subsistence for men and horses, camp equipage, transportation and such horses as the Superintendent of Police may deem necessary to fully perform all duties that may be required of such police.

      Sec. 11.  The Superintendent of Police, subject to the approval of the Governor, shall promulgate such directions, rules and regulations for the government, conduct and discipline of the “Nevada State Police,” as may be necessary, and shall provide penalties for the violation of the said rules and regulations, and shall enforce all such rules and regulations.

      Sec. 12.  Whenever martial law is declared by the Governor, or whenever any county or counties in this State is declared to be in a state of insurrection, and the “Nevada State Police” is called upon to suppress any riot, insurrection or rebellion, the rules of discipline and regulations of the Army of the United States shall, so far as the same may be deemed practicable by the Governor, constitute the rules of discipline and regulations of the “Nevada State Police,” and the rules and Articles of War established by Congress for the Army of the United States shall be adopted, so far as they may be applicable, for the government of the “Nevada State Police” while engaged in suppressing such riot, insurrection or rebellion, and shall remain in force until peace be restored.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 23 (CHAPTER 4)κ

 

nor, or whenever any county or counties in this State is declared to be in a state of insurrection, and the “Nevada State Police” is called upon to suppress any riot, insurrection or rebellion, the rules of discipline and regulations of the Army of the United States shall, so far as the same may be deemed practicable by the Governor, constitute the rules of discipline and regulations of the “Nevada State Police,” and the rules and Articles of War established by Congress for the Army of the United States shall be adopted, so far as they may be applicable, for the government of the “Nevada State Police” while engaged in suppressing such riot, insurrection or rebellion, and shall remain in force until peace be restored.

      Sec. 13.  The State Board of Capitol Commissioners shall provide necessary offices at Carson City, Nevada, with such accommodations, furniture and office supplies as may be necessary.

      Sec. 14.  The Superintendent of Police shall receive a salary of thirty-six hundred ($3,600) dollars per annum.

      The Inspector of Police shall receive a salary of twenty-four hundred ($2,400) per annum.

      Each Sergeant shall receive a salary of fifteen hundred ($1,500) dollars per annum.

      All other members, except the reserve force, shall receive a salary of twelve hundred ($1,200) dollars per annum.

      All salaries herein provided for shall be paid in equal monthly installments, the same as the salaries of other State officers are paid.

      Each member of the reserve force shall receive twenty ($20) dollars per month when not engaged in active service, and shall be paid the same as the salaries of other State officers are paid. They shall receive the sum of five ($5) dollars per day while engaged in active service. All claims for salaries for services rendered in active service shall be examined and audited by the Superintendent of Police and the Adjutant-General, and shall be examined, audited and allowed by the State Board of Examiners, and shall be paid as other claims against the State are paid.

      Sec. 15.  Members of the “Nevada State Police” shall be required to serve for a period of not less than one year, unless dismissed or discharged, and no officer or member, after entering into such employment, shall be permitted to resign therefrom, except with the consent and approval of the Governor, but nothing in this section shall be construed as preventing the Superintendent of Police from removing any officer or member of the “Nevada State Police.”

      Sec. 16.  Before entering upon the discharge of his duties the Superintendent of the “Nevada State Police” shall take and subscribe to the constitutional oath of office, and shall execute a bond to the State of Nevada in the sum of five thousand ($5,000) dollars, with two or more sufficient sureties, to be approved by the Governor, and conditioned that he will faithfully perform all of the duties required of him by law.

Army regulations to prevail.

 

 

 

 

 

 

 

Office at Carson City.

 

 

Salaries.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Term of service.

 

Resignation or removal.

 

 

 

Bond and oath of Superintendent.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 24 (CHAPTER 4)κ

 

 

 

 

 

 

 

Expenses, how paid.

 

 

 

 

 

Peace officers not absolved.

Railroad officials to transport.

 

 

Payment of transportation.

 

Refusal to aid State Police.

Penalty.

 

 

Molestation of State Police, how punished.

 

 

Falsely representing State Police, punishment for.

he will faithfully perform all of the duties required of him by law. The bond, oath and appointment of the Superintendent of Police shall be filed in the office of the Secretary of State. All other members of the “Nevada State Police,” before entering upon the discharge of their duties, shall take and subscribe to the constitutional oath of office. The appointment, with the oath of office, shall be filed in the office of the Superintendent of Police.

      Sec. 17.  All necessary expense incurred by the members of the “Nevada State Police,” while in the discharge of their duties, shall be first approved by said Superintendent of Police, and shall be examined, approved and allowed by the State Board of Examiners, and shall be paid as other claims against the State are paid. No member of the “Nevada State Police” shall incur any expenses whatsoever unless ordered to do so by the Superintendent of Police.

      Sec. 18.  Nothing in this Act shall be construed as relieving any peace officer of any duty required of him by any law of this State.

      Sec. 19.  Whenever any member of the “Nevada State Police” shall exhibit a copy of his commission or a certificate of his appointment to any railroad conductor, manager or officer of any corporation or person engaged in the business of transporting passengers, such conductor, manager or officer shall transport such member of the “Nevada State Police” and all prisoners in his charge or custody. All claims for such transportation shall be a claim against the State, and shall be presented, examined, audited and allowed, and shall be paid as other claims against the State are paid.

      Sec. 20.  Any person refusing to aid or assist any member of the “Nevada State Police” in the discharge of his duties, when called upon, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed five hundred ($500) dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

      Sec. 21.  If any person shall intercept, molest or insult, by abusive words or behavior, any member of the “Nevada State Police,” while in the discharge of his duties, he shall be immediately arrested, and shall be punished by any court of competent jurisdiction for a breach of the peace.

      Sec. 22.  Any person who shall falsely represent himself to be a member of said “Nevada State Police,” or who shall wear the uniform, badge or other insignia adopted and used by said “Nevada State Police,” shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred ($500) dollars, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

      Sec. 23.  Any member of the “Nevada State Police,” who shall disobey the orders of his superior, or use any reproachful or abusive language to his superior, or misbehave or demean himself in a manner tending to bring the “Nevada State Police” into ill-repute or subject it to reproach, shall be immediately arrested, and shall be disarmed and put under guard, and shall be punished in accordance with the rules and regulations, and if he be acting in a community under martial law, he shall be tried and punished by a court-martial according to law and military usage.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 25 (CHAPTER 4)κ

 

ful or abusive language to his superior, or misbehave or demean himself in a manner tending to bring the “Nevada State Police” into ill-repute or subject it to reproach, shall be immediately arrested, and shall be disarmed and put under guard, and shall be punished in accordance with the rules and regulations, and if he be acting in a community under martial law, he shall be tried and punished by a court-martial according to law and military usage.

      Sec. 24.  That the sum of one hundred and fifty thousand ($150,000) dollars, or so much thereof as may be necessary, shall be, and the same is, hereby appropriated out of the General Fund of the State Treasury, to pay the salaries and expenses necessary to carry this Act into effect.

      Sec. 25.  All Acts or parts of Acts in conflict with the provisions of this Act are hereby repealed.

Insubordination, how punished.

 

 

Court-martial.

 

Appropriation, $150,000.

 

 

Repeal.

 

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CHAPTER 5

Chap. V.–An Act to further define the powers and duties of the Attorney-General of the State of Nevada.

 

[Approved January 31, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  In addition to the duties now conferred by law upon the Attorney-General, he shall have the power:

      (a) To appear before any grand jury, when in his opinion it is necessary, and present evidence of the commission of a crime or violation of any law of this State; to examine witnesses before the grand jury, and to draw indictments or presentments for such grand jury.

      (b) To exercise supervisory powers over all District Attorneys of the State in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge.

      (c) To appear in and to take exclusive charge of and to conduct any prosecution in any court of this State for a violation of any law of this State, when in his opinion it is necessary, or when requested to do so by the Governor.

      (d) To issue subpenas, subscribed by him, for witnesses within the State, in support of the prosecution, or for such other witnesses as the grand jury may direct to appear before it, upon any investigation pending before it; and he may, in like manner, issue subpenas, subscribed by him, for witnesses within the State, in support of an indictment, to appear before the court before which it is to be tried.

 

 

 

 

 

 

 

 

 

 

May appear before grand juries.

 

 

Supervisory power over District Attorneys.

 

May take charge of any criminal prosecution.

 

Issue subpenas for witnesses.

 

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κ1908 Statutes of Nevada, 2nd Special Session, Page 26κ

CHAPTER 6

 

 

 

 

 

 

 

 

 

Appropriation for Special Session printing.

 

 

 

Duties of Controller and Treasurer.

Chap. VI.–An Act making an appropriation of sixteen hundred dollars for extra expense incurred by the Nevada State Printing Office for the present Special Session of the Nevada Legislature.

 

[Approved February 7, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of sixteen hundred dollars ($1,600) is hereby appropriated out of any money in the State Treasury not otherwise appropriated to pay the extra expense in the Nevada State Printing Office in executing the printing for the present Special Session of the Nevada Legislature in the purchase of paper, extra labor, printing and binding of Statutes, printing and binding of the Journals, and miscellaneous printing such as roll-calls, letterheads and envelopes, committee reports, blanks, etc.

      Sec. 2.  The State Controller is hereby authorized to draw his warrants against the said sum named in Section 1 of this Act for the purposes therein enumerated, and the State Treasurer is hereby authorized to pay said warrants.

 

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CHAPTER 7

 

 

 

 

 

 

 

 

Appropriation for Orphans’ Home.

Chap. VII.–An Act providing and appropriating additional funds for the support of the State Orphans’ Home.

 

[Approved February 7, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing additional funds for the support and maintenance of the State Orphans’ Home, the sum of six thousand ($6,000) dollars is hereby appropriated out of the General Fund in the State Treasury, to be expended as provided by law.

 

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CHAPTER 8

 

 

 

 

 

 

 

 

Appropriation for State Prison.

Chap. VIII.–An Act providing and appropriating additional funds for improvements and the maintenance of the Nevada State Prison.

 

[Approved February 7, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of providing additional cell room, repairing and constructing walls, and making other improvements for, and also for the purpose of providing for the increased cost of maintaining, the Nevada State Prison, the sum of fifty-four thousand dollars ($54,000) is hereby appropriated out of the General Fund in the State Treasury, to be expended under the direction of the State Board of Prison Commissioners in the manner provided by law.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 27 (CHAPTER 8)κ

 

to be expended under the direction of the State Board of Prison Commissioners in the manner provided by law.

 

 

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CHAPTER 9

Chap. IX.–An Act to reimburse Governor Sparks for moneys expended while on official business of the State, and making appropriation therefor.

 

[Approved February 7, 1908.]

 

      Whereas, Governor John Sparks heretofore has been required to visit various parts of the State on official business thereof, and to pay from his own funds his necessayy traveling and hotel expenses, while on such visits; and

      Whereas, There is no appropriation made by law to reimburse him for said expenses; therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of reimbursing Governor John Sparks for the moneys necessarily expended by him for traveling and hotel expenses, while engaged on official business of this State as aforesaid, the sum of twelve hundred ($1,200) dollars, or so much thereof as may be necessary, is hereby appropriated out of the General Fund in the State Treasury, to be paid as provided by law, upon claims duly presented to, and examined and allowed by, the State Board of Examiners.

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

Appropriation to reimburse Governor Sparks.

 

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CHAPTER 10

Chap. X.–An Act authorizing the Board of Regents of the University of Nevada to equip and furnish the Mackay Building on the University grounds, and to provide an appropriation for the payment thereof.

 

[Approved February 7, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of Regents of the University of Nevada is hereby authorized and directed to expend any sum which shall to said Board seem necessary, but not exceeding $5,000, in equipping and furnishing the Mackay Building on the University grounds, at Reno, State of Nevada, and the sum of $5,000 is hereby appropriated out of the moneys in the General Fund of the State Treasury, not otherwise appropriated, for the purpose named in this section.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of said Board of Regents of the University of Nevada for the amount named in this Act, and the State Treasurer is hereby directed to pay the same.

 

 

 

 

 

 

 

 

 

Appropriation for furnishing Mackay Building at University of Nevada.

 

 

Duties of Controller and Treasurer.

 

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κ1908 Statutes of Nevada, 2nd Special Session, Page 28κ

CHAPTER 11

 

 

 

 

 

 

 

 

Appropriation for Sheep Commissioners.

 

 

 

Money to be returned.

Chap. XI.–An Act appropriating additional moneys for the support of the State Board of Sheep Commissioners.

 

[Approved February 7, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of five thousand ($5,000) dollars is hereby appropriated out of any moneys in the General Fund not otherwise appropriated, as an additional appropriation for the purpose of carrying into effect that certain Act entitled “An Act regulating the sheep industry in the State of Nevada, creating a State Board of Sheep Commissioners, defining their duties, and prescribing their compensation,” approved March 26, 1907; provided, that all moneys hereby appropriated shall be returned to the General Fund from such taxes as may be levied upon sheep as in said Act provided and required.

 

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CHAPTER 12

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

Appropriation to reimburse J. G. McCarthy.

 

 

Duties of Controller and Treasurer.

Chap. XII.–An Act for the relief of J. G. McCarthy.

 

[Approved February 7, 1908.]

 

      Whereas, In August, 1907, J. G. McCarthy, Superintendent of State Printing, found it necessary to visit San Francisco, for the purpose of intelligently purchasing machinery for the State Printing Office, and has been compelled to pay his own traveling expenses and other incidental expenditures, amounting to the sum of eighty-seven dollars ($87) for which there is no appropriation; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of eighty-seven dollars ($87) is hereby appropriated out of any moneys in the General Fund of the State Treasury, not otherwise appropriated, to be paid to J. G. McCarthy, to reimburse him for money expended in traveling to San Francisco, for the benefit and profit of the State of Nevada, in the purchase of machinery for the State Printing Office.

      Sec. 2.  The State Controller is hereby directed to draw his warrant in favor of the said J. G. McCarthy, for amount named in this Act, and the State Treasurer is hereby directed to pay the same.

 

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κ1908 Statutes of Nevada, 2nd Special Session, Page 29κ

CHAPTER 13

Chap. XIII.–An Act [to provide] for the payment of certain contingent expenses of the Extraordinary Session of the Nevada State Legislature, and making an appropriation therefor.

 

[Approved February 7, 1908.]

 

      Whereas, There is no statutory method of payment for certain clerical labors connected with the work of this Extraordinary Session; therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  The sum of three hundred dollars ($300), or such part thereof as may be necessary, is hereby appropriated and set apart from the Legislative Fund of the Special Session of the Twenty-third Nevada Legislature for the payment of claims for clerical work of that session for which there is no manner of payment now provided by law. Such claims shall be audited, examined and allowed by the State Board of Examiners, in the same manner as other claims against the State are now audited, examined and allowed by said Board of Examiners, and shall be paid out of said Legislative Fund.

 

 

 

 

 

 

Preamble.

 

 

 

 

 

Appropriation for extra clerical work of this Legislature.

 

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CHAPTER 14

Chap. XIV.–An Act to amend an Act entitled “An Act to create Judicial Districts in the State of Nevada, provide for the election of District Judges therein, and to fix their residences and salary, and to repeal all other Acts in relation thereto,” approved March 27, 1907.

 

[Approved February 8, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State of Nevada is hereby divided into seven Judicial Districts. The Counties of Storey, Douglas, Ormsby, and Lyon shall constitute the First Judicial District; the Counties of Washoe and Churchill shall constitute the Second Judicial District; the Counties of Eureka and Lander shall constitute the Third Judicial District; the Counties of Elko, Lincoln, and White Pine shall constitute the Fourth Judicial District; the County of Nye shall constitute the Fifth Judicial District; the County of Humboldt shall constitute the Sixth Judicial District; and the County of Esmeralda shall constitute the Seventh Judicial District. For each of said districts Judges shall be elected by the qualified electors thereof at the general election in the year 1910 and every four years thereafter, except as otherwise provided in this Act, as follows: For each of said districts, except the Second Judicial District and the Seventh Judicial District, there shall be elected one Judge.

 

 

 

 

 

 

 

 

 

 

Judicial Districts remodeled.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 30 (CHAPTER 14)κ

 

Two Judges each for Second and Seventh Districts.

To take effect in 1911.

 

Exception.

 

 

 

 

Salaries of Judges.

 

 

 

 

 

 

 

 

How raised and paid.

 

 

 

 

 

 

 

 

 

 

 

No salary in advance.

 

Relating to Second District.

one Judge. For the Second Judicial District there shall be two Judges elected, and for the Seventh Judicial District there shall be two Judges elected.

      Sec. 2.  Until the first Monday in January, one thousand nine hundred and eleven, the Judicial Districts of this State shall be and remain as heretofore provided by law, unless there shall occur vacancies in the offices now held by the present incumbents, by deaths, resignations or otherwise; provided, that in case of such vacancy or vacancies the provisions of this Act shall take immediate effect, and there shall be appointed or elected, as provided by law, two District Judges for the Seventh Judicial District to hold office until the first Monday in January, one thousand nine hundred and eleven, after which date there shall be but one District Judge in the Seventh Judicial District.

      Sec. 3.  The salary of each Judge herein elected, or appointed to fill vacancies whenever such vacancies shall occur, shall be four thousand dollars per annum, except the Judge of the Fourth Judicial District whose salary shall be four thousand five hundred dollars per annum, and the Judge of the Fifth Judicial District whose salary shall be seven thousand dollars per annum, and the Judge or Judges of the Seventh Judicial District whose salary shall be seven thousand dollars per annum, all of said salaries to be paid in equal monthly installments out of the District Judges’ Salary Fund, hereby created in the State Treasury, which fund shall be supplied in the manner following, to wit:

      Each county in each district in the State shall contribute annually to the said fund its proportionate share of the money necessary to pay the Judge or Judges of its district their respective salaries monthly for such year, based upon the assessment roll of each county for the previous year; and it is hereby made the duty of the County Commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their county’s quota of said District Judges’ Salary Fund to the State Treasurer, at such times and in such installments as will enable the State Treasurer to pay each District Judge one-twelfth of his annual salary on the first Monday of each and every month, and to cause such money to be forwarded by the County Treasurers, and if necessary in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said Board of County Commissioners shall transfer and use any moneys in the county treasuries, except those belonging to the Public School Fund. No salary of any District Judge shall be paid in advance.

      Sec. 4.  The Second Judicial District shall be entitled to and shall have two District Judges; they shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner; provided, that they shall hold a term of court at the county seat of Churchill County once every two months.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 31 (CHAPTER 14)κ

 

they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner; provided, that they shall hold a term of court at the county seat of Churchill County once every two months.

      Sec. 5.  The Seventh Judicial District shall be entitled to and shall have two District Judges to hold office until the first Monday in January, one thousand nine hundred and eleven, and after the said first Monday in January, one thousand nine hundred and eleven, the Seventh Judicial District shall be entitled to but one District Judge, and at the general election in the year 1910 and every four years thereafter, except as otherwise provided in this Act, there shall be but one District Judge elected for the Seventh Judicial District. The said District Judges of the Seventh Judicial District shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and they shall have power to make such rules and regulations as will enable them to transact judicial business of said district in a convenient and lawful manner.

      Sec. 6.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

 

Proviso, Churchill County.

Relating to Seventh District.

 

 

 

But one Judge in Seventh District after 1910.

 

 

 

Repeal.

 

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CHAPTER 15

Chap. XV.–An Act to authorize the Attorney-General to appoint deputies, and defining their powers and duties.

 

[Approved February 8, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Attorney-General is hereby authorized to appoint as many deputies as he may deem necessary to fully perform the duties of his office. All deputies so appointed shall have the power to perform all duties now required of the Attorney-General.

      Sec. 2.  Before entering upon the discharge of his duties, each deputy so appointed shall take and subscribe to the constitutional oath of office, which shall be filed in the office of the Secretary of State.

 

 

 

 

 

 

 

 

Attorney-General may appoint deputies.

 

 

Oath of deputies.

 

________

 

CHAPTER 16

Chap. XVI.–An Act to provide for the payment of certain contingent expenses of the Governor and Attorney-General.

 

[Approved February 8, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of defraying the traveling, hotel and other necessary expenses of the Governor and Attorney-General, or either of them, when absent from the seat of government on official business of the State, the sum of twenty-five hundred dollars is hereby appropriated out of the General Fund in the State Treasury.

 


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κ1908 Statutes of Nevada, 2nd Special Session, Page 32 (CHAPTER 16)κ

 

Appropriation for expenses of Governor and Attorney-General.

Attorney-General, or either of them, when absent from the seat of government on official business of the State, the sum of twenty-five hundred dollars is hereby appropriated out of the General Fund in the State Treasury. All such claims when sworn to shall be examined, audited, allowed and paid in the manner now provided by law.

 

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CHAPTER 17

 

 

 

 

 

 

 

 

Duties of Capitol Commissioners.

 

Must advertise for sealed bids for furnishing of State Library.

 

 

 

 

Time limit.

 

 

 

Duties of State Librarian.

Chap. XVII.–An Act in relation to the State Library, for the purchase of stacks, removal, cataloguing, and other matters in relation thereto.

 

[Approved February 8, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The Board of Capitol Commissioners are hereby authorized and directed to purchase and install modern and improved bookcases, racks, stacks and such other furniture as will be necessary for the convenient use of said Library.

      Sec. 2.  As soon as plans and specifications for the furnishing and equipment for said Library Building have been accepted and approved, the Board of Capitol Commissioners shall advertise for sealed bids for supplying and installing such furniture and equipment in accordance with such approved plans and specifications. Such advertisement shall be for a period of thirty days. The bids received for any such furnishings and equipment shall be opened by the Board of Capitol Commissioners, and the contract therefor shall be awarded to the lowest responsible bidder; provided, that, if all the bids are too high, such Board may reject all bids and readvertise for bids as hereinbefore provided. In letting a contract for such furnishings and equipment, or any part thereof, such Board may prescribe a time at which such furniture and equipment shall be delivered and installed, and may impose a penalty for the failure to deliver and install within such time.

      Sec. 3.  Immediately after the installation of bookcases, racks, stacks and other furniture the Secretary of State, as ex officio State Librarian, shall cause the State Library to be removed from its present quarters in the Capitol Building to the said Library Building. In the removal of said Library, the Secretary of State, as ex officio State Librarian, shall call to his assistance an expert librarian, who shall have professional knowledge of the system of cataloguing, arrangement, marking and classification in general use in public libraries, and the said Library shall be removed, arranged, classified, marked and catalogued with an approved system. The Secretary of State, as ex officio State Librarian, shall also employ such additional assistance as may be required for the purpose aforesaid.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 33 (CHAPTER 17)κ

 

also employ such additional assistance as may be required for the purpose aforesaid.

      Sec. 4.  All expenses incurred in the removal and cataloguing of said Library, for the equipment and furnishing of said Library Building with bookcases, racks, stacks, and for all other furniture and supplies for or on account of said Library Building, shall be paid out of the Library Fund in the manner in which claims against such fund are now allowed and paid; provided, that the amount of such expenditures shall not exceed the sum of twenty-five thousand dollars.

      Sec. 5.  All Acts and parts of Acts in conflict with this Act are hereby repealed.

 

Expense to be paid from Library Fund.

 

 

Limited to $25,000.

 

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CHAPTER 18

Chap. XVIII.–An Act providing for the purchase of certain lands hereinafter particularly described for the use and benefit of the State, and making an appropriation therefor.

 

[Approved February 8, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State Board of Prison Commissioners is hereby authorized, empowered and directed to purchase for and on behalf of the State of Nevada, for its use and benefit, all those certain lands, containing forty-six and two-thirds (46 2/3) acres, more or less, adjoining the Nevada State Prison on the north, west and east, which said lands are situate, lying and being in Ormsby County, State of Nevada, and are particularly described as follows:

      All of the northeast one-quarter (1/4) of the southeast one-quarter (1/4) of section sixteen (16); and three (3) acres more or less of the northwest one-quarter (1/4) of the southeast one-quarter (1/4) of section sixteen (16); and three acres more or less of the southwest one-quarter (1/4) of the southeast one-quarter (1/4) of section sixteen (16); all of which said lands are in township fifteen (15) north, range twenty (20) east, Mount Diablo base and meridian.

      Sec. 2.  The sum of three thousand ($3,000) dollars is hereby appropriated out of any moneys in the General Fund in the State Treasury for the purchase of the above-described lands for the use and benefit of the State as aforesaid.

 

 

 

 

 

 

 

 

 

Additional land for State Prison.

 

 

 

 

Description of land.

 

 

 

 

 

Appropriation for purchase.

 

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κ1908 Statutes of Nevada, 2nd Special Session, Page 34κ

CHAPTER 19

 

 

 

 

 

 

 

 

 

 

 

General method of issuing school bonds.

 

 

 

Question of issuance of bonds submitted to popular vote.

 

 

 

 

 

 

 

Election, how conducted.

 

 

 

Election notice to contain.

Chap. XIX.–An Act to amend an Act entitled “An Act to enable the several school districts of the State to issue negotiable coupon bonds for the purpose of erecting and furnishing school buildings, or purchasing ground, or for refunding floating funded debts, and providing for the payment of the principal indebtedness thus authorized and the interest thereon,” approved March 12, 1907.

 

[Approved February 8, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any school district of the State now existing, or which may hereafter be created, is hereby authorized to borrow money for the purposes of erecting and furnishing a school building or buildings, or purchasing ground upon which to erect such school building or buildings, or for refunding floating indebtedness, by issuing the negotiable coupon bonds of the district in the manner by this Act provided.

      Sec. 2.  When the Board of Trustees of any school district shall deem it necessary to incur an indebtedness authorized by this Act by issuing the negotiable coupon bonds of the district, such Board of Trustees shall first determine the amount of such bonds to be issued, and a certificate of such determination shall be made and entered in and upon the records of said district. Thereupon, the Board of School Trustees shall, by resolution duly made and entered in and upon the records of said Board, submit the question of contracting a bonded indebtedness for any of the purposes authorized by this Act to a vote of the duly qualified electors of the district at the next general election of the School Trustees, or at a special election which the School Trustees are hereby authorized to call for such purpose.

      Sec. 3.  The election provided in this Act shall be called and held, and the vote canvassed and returned, in all respects as nearly as may be in accordance with the provisions of law now governing the election of School Trustees; provided, that if there is a newspaper published in the school district the notice shall be published for at least once a week for two successive weeks preceding said election. The election notice must contain:

      First-The time and place of holding such election.

      Second-The names of Inspectors and Judges to conduct the same.

      Third-The hours during the day in which the polls will be open.

      Fourth-The amount and denomination of the bonds, the rate of interest and the number of years, not exceeding twenty, the bonds are to run. All persons voting on the question submitted at such election shall vote by separate ballot whereon is placed the words “For the Bonds” or “Against the Bonds.”


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κ1908 Statutes of Nevada, 2nd Special Session, Page 35 (CHAPTER 19)κ

 

The ballots shall be deposited in a separate ballot box provided by the School Trustees for that purpose.

      Sec. 4.  If upon the official determination of the result of such election it appear that a majority of all the votes cast are “For the Bonds,” the Board of Trustees, as soon as practicable, shall issue the negotiable coupon bonds of the district in such form and denomination as the Board of Trustees may direct, said bonds to run for a period not to [exceed] twenty (20) years from the date of issue, and bearing interest at a rate not exceeding eight (8) per cent per annum, payable semi-annually, both principal and interest payable at such place as the Board of Trustees may direct, said bonds not to be sold for less than their par value. And before said sale is made notice of such proposed sale must be given, by publication, in a newspaper, if there is a newspaper published in the district, for at least one week before said bonds are disposed of, inviting sealed bids to be made for said bonds, and said bonds are to be sold to the highest and best bidder for said bonds; provided, if there is no newspaper published in said school district, the notice herein provided for shall be given by posting in three public places in said school district for at least ten days before said bonds are disposed of.

      Sec. 5.  All bonds issued under the provisions of this Act shall be signed by the Chairman of the Board of Trustees and be duly attested by the Clerk thereof, and shall bear the seal of the district, if the district has a seal, and shall be countersigned by the County Treasurer.

      Sec. 6.  Before any district shall issue bonds under the provisions of this Act, all such bonds shall be presented to the Treasurer of the county to be duly registered by him in a book kept for that purpose in his office, which registry shall show the school district, the amount, the time of payment and the rate of interest, and all such bonds shall bear the certificate of the County Treasurer to the effect that they are issued and registered under the provisions of this Act. After such registry the bonds shall be at the disposal of the Board of Trustees of the district issuing the same, to be sold for the purpose of raising funds for the objects designated by this Act.

      Sec. 7.  Whenever any school district shall issue any bonds under the provisions of this Act it shall be the duty of the Board of Commissioners of the county in which such district may be situated to levy and assess a special tax on all the taxable property of such district in an amount sufficient to pay the interest thereon when the same shall become due according to the tenor and effect of said bonds, and the County Treasurer shall collect the same as other taxes are collected, in cash only, keeping the same separate from other funds received by him; and if there shall be any surplus after paying said interest and the expenses of collecting such special tax, the Treasurer shall without delay pass the same to the credit of such school district, and such funds so passed to the credit of the district shall be subjected to the disposal of the Board of Trustees; and beginning with the year the bonds are issued, and annually thereafter, until the full payment of said bonds has been made, the Board of County Commissioners of the county in which said school district is situated shall levy and assess a special tax, and shall cause said special tax to be collected on all property of the school district, including the net proceeds of mines, sufficient to pay annually a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied, assessed and collected in the same manner as the tax for the payment of the interest coupons, and when collected shall be known as the “Sinking Fund,” and shall be used only in the payment of such bonds.

 

 

Bonds to run no longer than twenty years.

 

 

 

 

 

 

 

 

 

 

 

 

Bonds signed.

 

Seal.

 

Registry of bonds.

 

 

 

 

 

 

 

Special tax for interest and redemption of bonds.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 36 (CHAPTER 19)κ

 

Special tax for interest and redemption of bonds.

 

 

 

 

 

 

 

Sinking Fund.

 

 

 

 

 

Change in boundaries not to release property from tax.

 

 

 

 

 

 

 

 

Taxes constitute lien on property.

credit of such school district, and such funds so passed to the credit of the district shall be subjected to the disposal of the Board of Trustees; and beginning with the year the bonds are issued, and annually thereafter, until the full payment of said bonds has been made, the Board of County Commissioners of the county in which said school district is situated shall levy and assess a special tax, and shall cause said special tax to be collected on all property of the school district, including the net proceeds of mines, sufficient to pay annually a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run, which amount shall be levied, assessed and collected in the same manner as the tax for the payment of the interest coupons, and when collected shall be known as the “Sinking Fund,” and shall be used only in the payment of such bonds. The Sinking Fund thus provided may be applied to the purchase and cancellation of the outstanding bonds of the district. At the maturity of such bonds the County Treasurer shall call in and pay such bonds and accrued interest thereon and duly cancel the same, and certify his action to the Board of Trustees of the school district.

      Sec. 8.  No change in the boundary lines of any school district shall release the taxable real property of the district from assessment and levy of the taxes to pay the interest and principal of such bonds, and if there shall be any change in the boundary of such school district so as to leave any portion of the taxable real property of the district which was subject to taxation in the district at the time of the issue of such bonds, the assessment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the district, and if there shall be any change of the boundary lines of such school district so as to annex or include any taxable or real property, after the issue of such bonds, the real property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds.

      Sec. 9.  All taxes levied and assessed as in this Act provided shall constitute a lien on the property charged therewith, from the date of the levy thereof by the County Commissioners, or the entry thereof on the assessment roll of the County Auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of State and county taxes. And no additional allowance, fee or compensation whatever shall be paid to any officer for carrying out the provisions of this Act.

      Sec. 10.  All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

 

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κ1908 Statutes of Nevada, 2nd Special Session, Page 37κ

CHAPTER 20

Chap. XX.–An Act creating the office of Commissary of the Nevada State Police, prescribing his duties, fixing his compensation, and other matters relating thereto.

 

[Approved February 8, 1908.]

 

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

Assembly, do enact as follows:

 

      Section 1.  The office of Commissary of the Nevada State Police is hereby created.

      Sec. 2.  The Adjutant-General of this State is hereby made ex officio Commissary of the Nevada State Police.

      Sec. 3.  It shall be the duty of the Commissary of the Nevada State Police to purchase all arms, ammunition, equipments, provisions, uniforms, badges, and all other necessary supplies required to be furnished to said Nevada State Police.

      Sec. 4.  All bids [bills] for supplies purchased in accordance with Section 3 hereof shall be presented to the State Board of Examiners, to be audited, examined and allowed, and shall be paid out of any funds now or hereafter appropriated for the maintenance of the said Nevada State Police.

      Sec. 5.  The Commissary of said Nevada State Police shall receive a salary of twelve hundred ($1,200) dollars per annum, payable in equal monthly installments, in the same manner as other State officers are paid; he shall also be allowed his necessary expenses, when traveling upon business connected with the duties of his office; said salary and expenses shall be paid out of any fund which may now or hereafter be appropriated for the maintenance of the said Nevada State Police.

 

 

 

 

 

 

 

 

 

Office created.

 

Ex officio.

 

Duties of Commissary.

 

 

Method of payment of bills.

 

 

Salary of Commissary.

 

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CHAPTER 21

Chap. XXI.–An Act for the relief of Nellie B. Milligan and William Woodburn, Jr.

 

[Approved February 8, 1908.]

 

      Whereas, Nellie B. Milligan and William Woodburn, Jr., at the instance and request of Special Standing Committees of both houses of the Senate and Assembly, have rendered certain services in stenography and typewriting, and for supplies in the way of paper and other materials; and

      Whereas, Such services are deemed to be of the reasonable value of one hundred dollars ($100); therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  That the sum of one hundred dollars ($100) be and the same is hereby appropriated out of the General Fund in the State Treasury, to be paid to the said Nellie B.

 

 

 

 

Preamble.


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κ1908 Statutes of Nevada, 2nd Special Session, Page 38 (CHAPTER 21)κ

 

Appropriation for relief of Nellie B. Milligan and W. Woodburn, Jr.

Milligan and William Woodburn, Jr., for the services rendered as aforesaid, and the Controller is hereby authorized and directed to draw his warrants in favor of Nellie B. Milligan for the sum of fifty dollars ($50), and in favor of William Woodburn, Jr., for the sum of fifty dollars ($50), and the State Treasurer is hereby directed to pay said warrants.

 

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