case only such errors can be considered as appear upon the face of the judgment roll.

      Sec. 39.  The provisions of the last preceding section shall not apply to appeals taken from an order made upon affidavits, but certified copy of such affidavits and counter-affidavits, if any, shall be annexed to the order in place of the bill of exemptions mentioned in the last section.

      Sec. 40.  Where it is not practicable to embody an exhibit in the bill of exceptions or record on appeal, then if such exhibit be in the nature of a map or drawing, a copy thereof, certified to by the clerk or by the parties, may be sent to the supreme court, together with the record as hereinabove specified, and in case the exhibit be of such a character that a copy or duplicate of the same cannot conveniently or accurately be made, then the original exhibit, duly certified to by the clerk, may be sent to the supreme court, together with the record hereinabove specified, and such copy of such exhibit, and such original exhibit, so certified as herein provided, shall become a part of the record on appeal in the supreme court; but in no other case shall original papers, records or documents be sent to the supreme court, except upon the order or the supreme court.

      Sec. 41.  When any party desires to appeal from any appealable order, other than from a final judgment or from a motion for a new trial, such party may take a bill of exceptions within ten days after service of written notice of the decision or order to be appealed from. Said bill of exceptions shall be prepared, served, filed, settled, and allowed as provided in section 31 of this act.

      Sec. 42.  Whenever the judgment roll, or the papers making up the judgment roll, shall be incorporated in a bill of exceptions, it shall not be necessary to take to the supreme court any separate copy of the judgment roll.

      Sec. 43.  The appellant shall, in his opening brief, state his points and such errors as he shall rely on, with such references to page or pages of the record on appeal as shall be necessary to call to the attention of the court the errors on which he relies; provided, however, that the court may at any time, if the reference in the brief be insufficient, upon such terms as may be just, direct the filing within a time to be allowed by the court of a more definite specification of errors, and the court shall not be bound to consider any error not specified with reasonable certainty.

      Sec. 44.  The supreme court shall not decide any case on any point not raised in the opening brief or briefs in answer thereto without first giving all parties affected an opportunity to be heard upon such point.

      Sec. 45.  If at any time before final judgment of the supreme court it shall be made to appear to the court that the record on appeal does not accurately or fully state the proceedings under consideration before the court, the court may take such steps and issue such orders, including orders to the lower court or the clerk thereof, for the certification to the supreme court of additional records or proceedings as shall be necessary or proper to correct or complete the record on appeal.

Last section not to apply, when

Original exhibits sent, when

Time of filing bill of exceptions

Judgment roll

Duties of appellant

Parties given opportunity to be heard

When record on appeal to correct

Copy of bill may be accepted

When party in action in default

Acts repealed

supreme court it shall be made to appear to the court that the record on appeal does not accurately or fully state the proceedings under consideration before the court, the court may take such steps and issue such orders, including orders to the lower court or the clerk thereof, for the certification to the supreme court of additional records or proceedings as shall be necessary or proper to correct or complete the record on appeal.

      Sec. 46.  If any part of the record on appeal shall contain a copy, duly certified or stipulated, of any bill of exceptions taken under the provisions of this act, such copy of such bill of exceptions may be considered in lieu of the original, at it shall not be necessary to furnish the supreme court the original of such bill of exceptions.

      Sec. 47.  No party to an action or special proceeding, against whom the action or special proceeding was subsequently dismissed, or upon whom notice or process has not been served, or if so served, failed to appear, and by reason of such failure to appear his default has been entered by the clerk or by the court, shall be named in any notice of intention to move for a new trial or notice of appeal, and it shall not be necessary to serve upon such party any notice of intention to move for a new trial or notice of appeal or any bill of exceptions, or any notice, paper, or order required by this act to be served upon an “adverse party,” or “opposite party.”

      Sec. 48.  Sections 377, 378, 379, 381, 382, 383, 384, 385, 386, 387, 388, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, and 419 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all acts in relation thereto,” approved March 17, 1911, and being, respectively, sections 8875, 8876, 8877, 8879, 8880, 8881, 8882, 8883, 8884, 8885, 8886, 8887, 8888, 8889, 8890, 8891, 8892, 8893, 8894, 8895, 8896, 8897, 8898, 8899, 8900, 8901, 8902, 8903, 8904, 8905, 8906, 8907, and 8908 of Nevada Compiled Laws 1929, and sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14 of “An act supplemental to and to amend an act entitled ‘An act to regulate proceedings in civil cases in this state and to repeal all acts in relation thereto,’ approved March 17, 1911,” approved March 16, 1915, and being, respectively, sections 9836, 9387, 9388, 9389, 9390, 9391, 9392, 9393, 9394, 9395, and 9396 of Nevada Compiled Laws 1929, and sections 1, 1(a), 1(b), 2, 3, 4, 5, and 6 of an act entitled “An act to regulate proceedings on motions for new trials and on appeal in civil cases,” approved March 8, 1923, being, respectively, sections 9398, 9399, 9400, 9401, 9402, 9403, 9404, and 9405 of Nevada Compiled Laws 1929, and all provisions of law in conflict herewith, are hereby repealed; provided, however, nothing contained herein shall affect or invalidate any proceedings already had in any action or special proceeding now pending, but said action or proceeding may be finally heard and determined upon the record made under the existing law.

nothing contained herein shall affect or invalidate any proceedings already had in any action or special proceeding now pending, but said action or proceeding may be finally heard and determined upon the record made under the existing law.

      Sec. 49.  This act shall become and be effective on and after passage and approval.

In effect

[Senate Bill No. 34–Senator Foy]

Chap. 91–An Act to amend section 256 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 256 of the above-entitled act, being section 8754 N. C. L. 1929, is hereby amended to read as follows:

      Section 256.  An issue of law shall be tried by the court, unless it is referred upon consent. Where an issue of law has been argued, it shall not be decided by the court upon any point or points which have not been raised in the argument, without first affording counsel for the respective parties an opportunity to argue such point or points.

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

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

Issue of law, how tried

Repeal

In effect

[Senate Bill No. 32–Senator Foy]

Chap. 92–An Act to amend section 1 of an act entitled “An act authorizing the amendment of judgments or orders in civil cases in certain cases,” approved March 25, 1931.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 1 of chapter 156, Statutes of Nevada 1931, is hereby amended to read as follows:

Default judgments may be modified

Repeal

In effect

      Section 1.  Whenever a default judgment or decree has been entered, the party or parties in default therein may at any time thereafter, upon written consent of the party or parties in whose favor judgment or decree has been entered, enter general appearance in said action, and said general appearance so entered shall have the same force and effect as if entered at the proper time prior to the rendition of said judgment or decree. On such appearance being entered the court may make and enter a modified judgment or decree to the extent only of showing such general appearance on the part of said party or parties in default, and shall be entered nunc pro tunc as of the date of the original judgment or decree; provided, however, that nothing herein contained shall prevent the court from modifying such judgment or decree as stipulated and agreed in writing by the parties to such action, and in accordance with the terms of such written stipulation and agreement.

      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.

When action to be commenced

[Senate Bill No. 36–Senator Foy]

Chap. 93–An Act to amend section 69 of an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 69 of the above-entitled act, being section 8568 N. C. L. 1929, is hereby amended to read as follows:

      Section 69.  When a person has contracted to perform an obligation at a particular place, and resides in another county, the action must be commenced, and, subject to the power of the court to change the place of trial as provided in this act, must be tried in the county in which such obligation is to be performed or in which he resides; and the county in which the obligation is incurred shall be deemed to be the county in which it is to be performed, unless there is a special contract to the contrary.

      Actions for the following causes shall be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this act:

thereof, is situated, subject to the power of the court to change the place of trial, as provided in this act:

      1.  For the recovery of real property, or an estate, or interest therein, or for the determination in any form of such right or interest, and for injuries to real property.

      2.  For the partition of real property.

      3.  For the foreclosure of all liens and mortgages on real property. Where the real property is situated partly in one county and partly in another the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action; provided, that in the case mentioned in this subdivision if the plaintiff prays in his complaint for an injunction pending the action, or applies pending the action for an injunction, the proper county for the trial shall be the county in which the defendant resides of a majority of the defendants reside at the commencement of the action.

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

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

Causes of action, when tried

Repeal

In effect

[Assembly Bill No. 267–Committee on Education]

Chap. 94–An Act to postpone the time within which the meeting of the state textbook commission scheduled not later than the third Tuesday in April, 1935, under the provisions of section 5805 N. C. L. 1929, may be held.

[Approved March 27, 1935]

      Whereas, The meeting of the state textbook commission scheduled to be held not later than the third Tuesday in April, 1935, is not necessary; and

      Whereas, The holding of such meeting of such meeting would involve considerable and unnecessary expense; and

      Whereas, The state distributive school fund would have to stand such unwarranted expense, and is not now in condition so to do; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The state textbook commission shall not be required to hold its meeting scheduled to be held not later than the third Tuesday in April, 1935, under the provision of section 160 of “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911, as amended Statutes 1921, 298, 305, said section 160 being section 5805 N. C. L. 1929,

Preamble

Meeting of textbook commission postponed

Time only extended

In effect

being section 5805 N. C. L. 1929, but shall be required to hold a meeting not later than the third Tuesday in April, 1936, which shall be deemed to take the place of said meeting scheduled to be held not later than the third Tuesday in April, 1935, under said section 160.

      Sec. 2.  This act shall not be construed to change or modify said section 160 in anyway, except to extend the time within which said meeting scheduled to be held not later than the third Tuesday in April, 1935, may be held as set forth in section 1 of this act.

      Sec. 3.  This act shall become effective from and after its passage and approval.

Salaries of officers of Douglas County

Sheriff; ex officio county assessor

Deputies to be appointed; salaries of

[Senate Bill No. 160–Senator Dressler]

Chap. 95–An Act fixing the salaries and compensation of certain officers of Douglas County, State of Nevada, and matters properly relating thereto, and repealing all acts in conflict therewith.

[Approved March 27, 1935]

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 shall receive, in full payment of all services rendered by them, the following salaries:

      The sheriff, for services as sheriff, shall receive the sum of two thousand and forty dollars ($2,040) per annum, payable in twelve monthly installments, which shall be in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that said salary includes all traveling and other expenses in the county, and said sum being in full compensation for all services now imposed or to be imposed by law on said sheriff, and all fees and commissions collected or due him for services rendered as such officer shall be paid into the county treasury for the county. The sheriff, as ex officio county assessor, shall receive the sum of twelve hundred dollars ($1,200), being full and complete compensation for all services rendered, and for all traveling expenses as such officer; provided, that the sheriff may appoint one deputy sheriff to be known as the deputy sheriff for Gardnerville at the salary to be fixed by the board of county commissioners, but not to exceed the sum of $35 per month during the period of employment, and a second deputy sheriff for the Lake Tahoe district for a period of not to exceed five months in each calendar year, the period of employment to be fixed by the board of county commissioners, beginning in 1935, at a salary to be fixed by the board of county commissioners, but not to exceed $100 per month during the period of employment.

sum of $35 per month during the period of employment, and a second deputy sheriff for the Lake Tahoe district for a period of not to exceed five months in each calendar year, the period of employment to be fixed by the board of county commissioners, beginning in 1935, at a salary to be fixed by the board of county commissioners, but not to exceed $100 per month during the period of employment. The salary of said deputies shall be payable monthly as other county salaries are paid. Said deputies shall not be entitled to any mileage fees or expenses while traveling in the county.

      The county clerk for services as county clerk shall receive the sum of fourteen hundred dollars ($1,400) per annum, and for services as ex officio county treasurer the sum of one thousand dollars ($1,000) per annum, payable in twelve equal monthly installments, which shall be full and complete compensation for all services rendered as such county clerk and ex officio treasurer. The said clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the board of county commissioners. Said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasurer.

      The county recorder for services as county recorder shall receive the sum of seven hundred and twenty-five dollars ($725) per annum, and for services as ex officio auditor the sum of seven hundred and forty-five ($745) per annum, payable in twelve equal monthly installments, in full and complete compensation for all services rendered as such county recorder and ex officio auditor. The said recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees in civil and criminal cases, and all other fees and commissions collected by him, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk. Said sums to be full and complete compensation for all services rendered as such officer, ex officio and otherwise, and all fees, commissions, and moneys due and collected by him shall be paid into the county treasury.

      The district attorney for services as district attorney shall receive the sum of twelve hundred and fifty dollars ($1,250) per annum, payable in twelve equal monthly installments, in full and complete compensation for all services as district attorney, and all fees and commissions due and collected by him shall be paid into the county treasury; provided further, that said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in said county, and also attend to and be the legal adviser for said county.

County clerk; ex officio treasurer

County recorder; ex officio auditor

District attorney

County commissioners

Salaries full compensation for all services

Repeal

In effect

him shall be paid into the county treasury; provided further, that said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in said county, and also attend to and be the legal adviser for said county. Said salary to be in full compensation for all services and traveling expenses within said county while on official business.

      The county commissioners of Douglas County shall receive the sum of four hundred dollars ($400) 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.

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

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall take effect on April 1, 1935.

Wagner-Peyser act accepted

Labor commissioner to administer act

[Senate Substitute for Senate Bill No. 71–Committee on Federal Relations]

Chap. 96–An Act accepting the provisions of the Wagner-Peyser act, creating a system of public employment offices, and matters relating thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  The State of Nevada accepts the provisions of Wagner-Peyser act, approved June 6, 1933 (48 Stat. 113, United States Code, title 29, section 49), “An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system and for other purposes,” in conformity with section 4 thereof, and will observe and comply with the requirements of said act.

      Sec. 2.  The office of the labor commissioner is hereby designated and constituted the agency of the State of Nevada for the purposes of this act.

      Sec. 3.  The labor commissioner of the State of Nevada is hereby designated as the officer to carry out said act. The labor commissioner shall be executive officer in charge of the administration of this act in accordance with the rules prescribed by the director of the United States employment service. The labor commissioner shall receive reimbursement of necessary traveling and other expenses from funds appropriated or allotted to the support of the Nevada state employment service. Said labor commissioner shall appoint other personnel of the Nevada state employment service created under this act, and fix their compensation in accordance with rules and regulations prescribed by the United States employment service. The labor commissioner is hereby given full power to cooperate with all authorities of the United States having powers or duties under such act to do and perform all things necessary to securing to the State of Nevada the benefits of such act in the promotion and maintenance of a system of public employment offices. The labor commissioner is authorized and directed to establish such offices in such parts of the state as he deems necessary and to prescribe rules and regulations not inconsistent with any of the provisions of this act.

      Sec. 4.  No fees, direct or indirect, shall, in any case, be charged or received from those seeking the benefits of this act.

      Sec. 5.  Any agent or clerk, subordinate or appointee appointed under the provisions of this act who shall accept, directly or indirectly, any fee, compensation or gratuity from anyone seeking employment or from anyone offering employment under this act shall be guilty of a misdemeanor and shall be immediately removed from service and punished by a fine not more than one hundred ($100) dollars or by imprisonment in the jail not exceeding three months, or both, and shall thereafter be disqualified from holding any office or position in this department.

      Sec. 6.  Any employer or a representative of employers or employees may file at a public employment office a signed statement with regard to a strike or lockout affecting their trade. Such statement shall be posted in the employment office, but not until it has been communicated to the employer affected if filed by the employees or to the employee affected if filed by the employers. In case a reply is received to such a statement, it should also be posted in the employment office with the same publicity given the first statement. If an employer affected by a statement notifies the public employment office of a vacancy or vacancies, the agent in charge shall advise any applicant of such vacancy or vacancies of the statement posted.

      Sec. 7.  The labor commissioner of the State of Nevada has the power to enter into agreement with governing bodies of cities, towns or counties who desire such service, to use a portion of the funds provided by the state to assist in the maintenance of any such service put into effect by such governing bodies.

Duties of labor commissioner

No fees to be charged

Penalty for accepting fees, etc.

Strike or lockout must be noticed

Application of funds

Funds to be paid into state treasury

In effect

has the power to enter into agreement with governing bodies of cities, towns or counties who desire such service, to use a portion of the funds provided by the state to assist in the maintenance of any such service put into effect by such governing bodies.

      Sec. 8.  All federal funds made available to this state under said act of Congress shall be paid into the state treasurer and said funds are hereby appropriated and made available to the Nevada state employment service as provided by act of Congress and this act.

      Sec. 9.  This act shall take effect upon its passage and approval.

State emergency employment fund created

Bond issue, $312,000

[Senate Bill No. 152–Senator Robbins]

Chap. 97–An Act authorizing and directing the board of examiners to issue and sell bonds in the name of the State of Nevada to provide money for the establishment of a “State Emergency Employment Fund” for employment relief in cooperation with the government of the United States of America, providing for the expenditure and the manner thereof, providing for the distribution and disposition of the funds derived from the sale of such bonds, providing for the redemption of such bonds, and all other matters relating thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  For the purpose of providing money to be used in paying the costs for direct relief, work relief, and purchase of supplies and materials for work relief, in cooperation with the government of the United States of America, a loan of three hundred and twelve thousand dollars ($312,000) is hereby authorized to be negotiated upon the faith and credit of the State of Nevada.

      Sec. 2.  The board of examiners is hereby authorized, empowered and directed to prepare and issue bonds of the State of Nevada in the sum of three hundred and twelve thousand dollars ($312,000). Such bonds shall be in denominations of one thousand dollars ($1,000) each, payable in lawful money of the United States of America, and shall be numbered serially, and when retired shall be retired in the order of issuance. Said bonds shall be signed by the governor and endorsed by the state treasurer and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at the rate of three and three-quarters percent (3 3/4%) per annum, payable semiannually, on January first and July first, and shall be redeemed within twenty (20) years from the date of issuance, and at least five (5) of said bonds shall be redeemed at each interest-paying period beginning July 1, 1936.

annum, payable semiannually, on January first and July first, and shall be redeemed within twenty (20) years from the date of issuance, and at least five (5) of said bonds shall be redeemed at each interest-paying period beginning July 1, 1936. Bonds issued hereunder are callable at any time.

      Sec. 3.  The said bonds shall be sold by the said board of examiners for the purposes designated in this act, and shall be sold to and purchased by the State of Nevada. And in furtherance of said purpose, and to enable the State of Nevada to purchase the said bonds, the state board of finance is authorized and directed to sell and dispose of sufficient bonds or securities held in the “State Permanent School Fund,” for cash, or from moneys on hand in said “State Permanent School Fund,” for the purpose of purchasing the bonds herein provided for. All moneys derived from the sale of such bonds shall be paid to the state treasurer and by him deposited and set aside in a fund to be known as the “State Emergency Employment Fund.”

      Sec. 4.  The said bonds shall be issued and sold by the said board of examiners at such times and in such amounts as may be found necessary by the said board of examiners, for the purpose of carrying out the provisions of this act.

      Sec. 5.  The proceeds of said bonds shall be used for the purpose of direct relief, work relief, purchase of supplies and materials for work relief, and expenses incidental thereto, in cooperation with the government of the United States of America, and shall be paid from month to month in the sum of not to exceed twenty-six thousand dollars ($26,000) per month to the federal emergency relief administration for Nevada, and to be expended by said federal emergency relief administration in conjunction with funds to be expended by the said government of the United States of America. The said funds are to be used by the federal emergency relief administration for the purpose of direct relief, work relief, and purchase of supplies and materials for work relief only, and expenses incidental thereto, within the State of Nevada. At the direction of the state board of finance, with the approval of the state board of examiners, the state controller is hereby directed to draw his warrant on the “State Emergency Employment Fund,” and the state treasurer shall pay the same in such amount or amounts as may be directed.

      Sec. 6.  For the purpose of creating a fund for the payment of bonds authorized by this act and the interest thereon, there shall be annually levied an ad valorem tax of not less than one cent (1¢) on each one hundred dollars ($100) of taxable property, real and personal, in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into a fund which is hereby created and to be known as the “State Emergency Employment Bond Interest and Redemption Fund,” which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act.

Disposal of bonds

Bonds sold as funds needed

Disposition of funds from sale of bonds

Tax levy for payment of bond issue

Payment of $26,000 monthly to federal agency

Any balance remaining to go to state general fund

Faith of state pledged

In effect

hereby created and to be known as the “State Emergency Employment Bond Interest and Redemption Fund,” which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. Such tax shall be levied and collected in the same manner and at such time as other taxes are levied and collected.

      Sec. 7.  The first installment of not to exceed twenty-six thousand dollars ($26,000) shall be paid to the federal emergency relief administration for Nevada on or before the 15th day of April, 1935, and a like amount thereafter on or before the fifteenth day of each calendar month for the period of eleven months; provided, however, that in the event the said federal emergency relief administration shall discontinue its employment relief, as herein provided, said monthly payments to the federal emergency relief administration shall likewise be discontinued; and further provided, that upon such discontinuation of employment relief, any funds remaining in said “State Emergency Employment Fund” shall be transferred to the “State Emergency Employment Bond Interest and Redemption Fund,” and after all outstanding bonds, with accrued interest, shall have been redeemed and paid, any funds remaining in said fund shall be disposed of by transfer to the state general fund.

      Sec. 8.  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 the coupons, issued under and by virtue thereof, shall have been paid in full as in this act provided.

      Sec. 9.  This act shall become effective from and after its passage and approval.

Name of state department changed

[Senate Bill No. 51–Committee on Livestock]

Chap. 98–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]

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

Assembly, do enact as follows:

      Section 1.  For the more efficient, orderly, and economical conduct of the various activities for the furtherance, protection, and regulation of the livestock and agricultural industries of the state, with which they are now charged by statute, or may be subsequently charged, the state board of stock commissioners is hereby authorized to conduct the same under the name of the state department of agriculture.

[Assembly Bill No. 242–Messrs. Glaser, Riddell and Bellinger]

Chap. 99–An Act relating to the employment of school teachers in the public schools of this state.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  It shall be the duty of the respective boards of school trustees in this state, when employing teachers for their respective schools, in all schools employing two and not exceeding four teachers, at least fifty (50%) percent thereof shall be residents of the state of Nevada qualified under the laws of this state to teach in the public schools thereof; in all schools in which more than four teachers are employed at least seventy-five (75%) percent thereof must be residents of the State of Nevada, qualified under the laws of this state to teach in the public schools thereof.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be effective from and after its passage and approval.

Nevada teachers to be employed

Repeal

In effect

[Senate Bill No. 137–Senator Winters]

Chap. 100–An Act to amend an act entitled “An act to amend an act entitled ‘An act relating to the national guard and the enrolled militia; to provide for the custody and care of the state armory building and grounds; to prevent the desecration of the flag of the United States and the flag of this state; providing penalties for the violation of the provisions hereof; repealing certain acts in conflict herewith, and other matters relating thereto,’ approved March 27, 1929,” together with the acts amendatory thereof and supplemental thereto, and adding a new section to follow section 126, which section shall be designated as section 126a.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 126 of the above-entitled act is hereby amended to read as follows:

      Section 126.  Governor’s National Guard Staff.  The state staff of the governor as commander in chief of the Nevada national guard shall consist of one adjutant general with the rank of brigadier general, who shall be chief of staff; the assistant adjutant general, who shall be assistant chief of staff, and the chiefs of the several staff corps and departments of the national guard, who shall have the rank of colonel and shall be entitled to wear the insignia of such rank, when in the service of the state or on any duty connected with this status, as officers of the national guard.

Governor’s national guard staff

Governor’s military staff

staff; the assistant adjutant general, who shall be assistant chief of staff, and the chiefs of the several staff corps and departments of the national guard, who shall have the rank of colonel and shall be entitled to wear the insignia of such rank, when in the service of the state or on any duty connected with this status, as officers of the national guard. National guard staff officers shall at all times have precedence over nonguard staff officers, regardless of rank.

      Sec. 2.  Said act is hereby amended by adding a new section designated as section 126a, which section shall read as follows:

      Section 126a.  Governor’s Military Staff.  The military staff of the governor shall consist of five personal aides-de-camp, whom the commander in chief may appoint and commissioner at discretion, and who shall have the rank of lieutenant colonel; two standard bearers, with the rank of master sergeant, and a standard guard of four privates, first-class. The standard bearers and guard shall be appointed by general orders from active enlisted men of the Nevada national guard, or former members thereof who have been honorably discharged and shall have served for a period of two years, unless such appointment shall be revoked. The governor as commander in chief may also, in his discretion, appoint and commission as aides-de-camp, with the rank of lieutenant colonel, not to exceed five additional aides-de-camp, as honorary members of his military staff, and such aides need not be citizens of the State of Nevada. The functions and duties of the commissioned officers of the military staff, including designating and prescribing the uniform to be worn while on official duty shall be prescribed by the adjutant general in orders from time to time. Aides-de-camp of the governor’s military staff are not members of the national guard, and shall hold office at the pleasure of the governor or until the expiration of his term of office; all officers of the governor’s national guard staff shall continue in their respective grades provided in section 105 of this act.

      Aides-de-camp shall be appointed by the governor from the active, inactive, or retired commissioned personnel of the national guard officers reserve corps or the regular army on duty in the state; provided further, that if the rank held by them, or last held by them, is of lesser grade than hereinabove provided for, they shall be entitled to the higher rank, and if of higher grade, they shall be entitled to be appointed and commissioned in such grade. Honorary aides-de-camp need not be so selected.

      Sec. 3.  Section 127 of said act is hereby amended to read as follows:

      Section 127.  Appointment of Adjutant General.  Whenever a vacancy shall occur in that office, the governor shall appoint a suitable and competent citizen of Nevada as adjutant general, with the rank of brigadier general, or may designate any officer of the national guard not below the rank of major for such purpose; provided, the governor may designate any qualified citizen as adjutant general, although preference shall be given to a qualified officer of the national guard, or a retired or honorably discharged commissioned officer of the United States army, even though he be occupying some other office under the state government, but in such event, such officer shall not receive any increase in salary by reason of being appointed as, or performing the duties of, adjutant general, but shall perform all the duties of such position without additional compensation; provided further, that if such person appointed as adjutant general is not holding a state government position, either elective or appointive, he shall receive a salary in such an amount as may be fixed by the governor, as commander in chief, but not exceeding that paid to other state officers, payable monthly from the general fund, except that if an when the adjutant general of the State of Nevada is called into federal service, he shall, during the period of such federal service, receive no state compensation, but shall be entitled to such pay and allowance as may be authorized for his grade by the federal government; and provided further, that in the event it becomes necessary for the governor to appoint an adjutant general who holds no other positions under the state government, and that the salary of such adjutant general shall be deemed to be then and there appropriated out of any moneys then in the state treasury not otherwise set aside by law, and the state controller is hereby authorized to draw his warrants therefor and the state treasurer shall pay the same.

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

      Sec. 5.  This act shall become effective from and after its passage and approval.

Appointment of adjutant general

Repeal

In effect

Validity of instrument affecting title to real property

Repeal

In effect

[Assembly Bill No. 68–Mr. Newton]

Chap. 101–An Act providing for the effect of defectively acknowledged and recorded instruments, and repealing all acts or parts of acts in conflict therewith.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Any instrument affecting the title to real property, three years after the same has been copied into the proper book of record kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any defect, omission, or informality in the execution of the instrument, or in the certificate of acknowledgment thereof, or the absence of any such certificate; but nothing herein affects the rights of purchasers or encumbrancers previous to the taking effect of this act. Duly certified copies of the record of any such instrument may be read in evidence with like effect as copies of an instrument duly acknowledged and recorded; provided, when such copying in the proper book of record occurred within five years prior to the trial of the action, it is first shown that the original instrument was genuine.

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

      Sec. 3.  This act is to be in full force and effect on its passage and approval.

[Assembly Bill No. 244–Mr. Henrichs]

Chap. 102–An Act to amend an act entitled “An act to provide for cooperative agricultural and home economics extension work in the several counties in accordance with the Smith-Lever act of Congress, approved May 8, 1914; providing for the organization of county farm bureaus; for county and state cooperation in support of such work; making an annual appropriation therefor, levying a tax and for other purposes,” approved April 1, 1919, as amended.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 6a of the above-entitled act, being section 353 N. C. L. 1929, is hereby amended to read as follows:

      Section 6a.  The members of the boards of directors of the several county farm bureaus shall be ex officio members and constitute the active membership of the state farm bureau. Said state farm bureau may make application to the secretary of state for incorporation under the laws of the State of Nevada as a corporation not for profit, and when so incorporated shall be known as the Nevada state farm bureau, and shall be recognized as the official body within the state representing the county farm bureaus as a whole. Such state farm bureau may adopt a constitution and bylaws for its government; may provide for affiliation with the American farm bureau federation; may prescribe fees for its support, not less than one dollar and fifty cents ($1.50) per annum from each county farm bureau member or family, and may, by two-thirds vote at its regular annual meeting, provide that not exceeding twenty per centum of the state’s share of cooperative extension funds under this act to be deducted from the allotments to the several counties and set aside in the state farm bureau funds for its support; disbursements from which shall be in accordance with an annual budget prepared by the board of directors of the state farm bureau and the director of extension, on certificates of the president thereof and said director of extension, approved by the state board of examiners, when the state controller shall draw his warrant, and the state treasurer pay the same; provided, that the same shall not be available until the budget of the several county farm bureaus provide for such disposition of state cooperative funds to the state farm bureau; and provided further, that such action by the state farm bureau shall be mandatory on county farm bureau boards of directors and on the director of extension, and it shall be their duty to provide for such state farm bureau support in the county farm bureau budget by filing revised budgets in accordance therewith, unless already provided for, within thirty days after such action by the state farm bureau.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective from and after its passage and approval.

State farm bureau, how constituted; incorporation of

Action mandatory, when

Repeal

In effect

Duty of labor commissioner

May take assignment of wages

Must enforce labor laws

[Senate Substitute for Senate Bills Nos. 11 and 12–Senator Ryan]

Chap. 103–An Act to amend an act entitled “An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto,” approved March 24, 1915, as amended, and by adding thereto a new section to be designated section 4 1/2b.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, same being section 2751 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  Said commissioner shall inform himself of all laws of the state for the protection of life and limb in any of the industries of the state, all laws regulating the hours of labor, the employment of minors, the payment of wages, and all other laws enacted for the protection and benefit of employees, and shall have the power and authority, when in his judgment he deems it necessary, to take assignment of wage claims and prosecute actions for collection of wages and other demands of persons who are financially unable to employ a counsel in cases in which, in the judgment of the commissioner, the claims for wages are valid and enforceable in the courts; and it shall be the duty of said labor commissioner to enforce all labor laws of the State of Nevada, the enforcement of which is not specifically and exclusively vested in any other officer, board or commission, and whenever after due inquiry he shall be satisfied that any such law has been violated, or that persons financially unable to employ a counsel have a valid and enforceable claim for wages or other demand, he shall present the facts to the district attorney of the county in which such violation occurred or wage claim accrued, showing the names of the claimant and his alleged debtor, a description and the location of the property on which the labor was performed, and the right, title and interest of the debtor therein, and the other property, if any, owned by the debtor and the probable value thereof, the time said claimant began and the time he ceased such labor, the number of days’ labor performed by him during said employment and the rate of wages and terms of such employment, the date or dates and the amount, if any, paid on said claim, the balance due, owing and unpaid on said claim, the date demand for payment was made upon the debtor or his agent or representative and the response, if any, to such demand, and the names of the witnesses upon whom the claimant expects to rely to provide said facts and to what facts each of such witnesses is expected to testify, and it shall then be the duty of such district attorney to prosecute the same; provided, that should such district attorney fail, neglect or refuse to begin a prosecution on such claim within forty-five days after oral or written demand therefor is made by said labor commissioner, and to diligently prosecute the same to conclusion, he shall be guilty of a misdemeanor and punished by fine not exceeding five hundred ($500) dollars or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment; and in addition thereto he shall be removed from office.

owing and unpaid on said claim, the date demand for payment was made upon the debtor or his agent or representative and the response, if any, to such demand, and the names of the witnesses upon whom the claimant expects to rely to provide said facts and to what facts each of such witnesses is expected to testify, and it shall then be the duty of such district attorney to prosecute the same; provided, that should such district attorney fail, neglect or refuse to begin a prosecution on such claim within forty-five days after oral or written demand therefor is made by said labor commissioner, and to diligently prosecute the same to conclusion, he shall be guilty of a misdemeanor and punished by fine not exceeding five hundred ($500) dollars or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment; and in addition thereto he shall be removed from office.

      Sec. 2.  There is hereby added to said act a new section, to be known as section 4 1/2b.

      Section 4 1/2b.  When complaint is made to the attorney-general by the labor commissioner or claimant that any district attorney has been guilty of a willful violation of the preceding section it is hereby made the mandatory duty of said attorney-general to make an investigation of said complaint, and if, after such investigation, he is of the opinion that said complaint is well founded, he shall forthwith institute proceedings against the said district attorney for the enforcement of the penalties provided for by section 4 hereof.

Duty of district attorney; penalty for failure to act

Duty of attorney-general

[Senate Substitute for Senate Bill No. 68–Senator Cobb]

Chap. 104–An Act to amend section 6 of an act entitled “An act to amend an act entitled ‘An act to fix the state tax levy, and to distribute the same in the proper funds,’ approved March 18, 1911,” as amended March 30, 1929.

[Approved March 27, 1935]

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 chapter 207 of the Statutes of Nevada 1929, and also being that portion of section 6419 N. C. L. 1929, numbered section 6, as the same appears on page 1848 of volume 3 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 6.  The term “real estate,” when used in this act, shall be deemed and taken to mean and include, and it is hereby declared to mean and include, all houses, buildings, fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements, built or erected upon any land, whether such land be private property or property of the state or of the United States or of any municipal or other corporation, or of any county, city or town in this state, the ownership of, or claim to, or possession of, or right of possession to any lands within this state, and the claim by or the possession of any person, firm or corporation, association or company to any land, and the same shall be listed under the head of “real estate.”

“Real estate” defined

“Personal property” defined

fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements, built or erected upon any land, whether such land be private property or property of the state or of the United States or of any municipal or other corporation, or of any county, city or town in this state, the ownership of, or claim to, or possession of, or right of possession to any lands within this state, and the claim by or the possession of any person, firm or corporation, association or company to any land, and the same shall be listed under the head of “real estate.”

      The term “personal property,” whenever used in this act, shall be deemed and taken to mean, and it is hereby declared to mean and include all household and kitchen furniture, all law, medical and miscellaneous libraries, all goods, wares and merchandise, all chattels of every kind and description, all money on hand or on deposit in bank or banks, or with individuals, all moneys at interest, secured by mortgage or otherwise, gold dust, gold and silver bars, bullion, solvent debts, other than those mentioned in this section, when the amount exceeds the same character of indebtedness of the party assessed, stocks of goods on hand, horses, mules, oxen, calves, beef cattle, hogs, sheep, goats, jacks and jennies, and cattle of every description, wagons, carriages, buggies, omnibuses, stages, stage coaches, sulkies, carts, drays and all other vehicles whether for use, pleasure or hire; also, all locomotives, cars, rolling stock and other personal property used in operating any railroad within the state; all machines and machinery, all works and improvements, all steamers, vessels and watercraft of every kind and name navigating or used upon the waters of any river or lake within this state, or having a general depot or terminus within this state; all capital loaned, invested or employed in trade, commerce or business whatsoever; the capital stock of all corporations (except the capital stock of corporations organized for mining purposes), companies, associations, ferries or individuals doing business or having an office within this state; the money, property, and effects of every kind, except real estate, of all banks, banking institutions or firms, bankers, money lenders and brokers, and all property of whatever kind or nature not included in the term “real estate,” as said term is defined in this act; provided, that gold and silver bearing ores, quartz or minerals, from which gold or silver is extracted, when in the hands of the producers thereof, shall not mean, nor be taken to mean, nor be listed and assessed, under the term “personal property,” as used in this section of this act, but are specially excepted therefrom, and shall be listed, assessed and taxed as provided by law.

      The term “full cash value” means the amount at which the property would be appraised if taken in payment of a just debt due from a solvent debtor.

      Sec. 2.  This act shall become effective upon its passage and approval.

“Full cash value” defined

In effect

[Senate Bill No. 78–Senator Foy]

Chap. 105–An Act to amend section 4 of an act entitled “An act to define collection agencies; to provide for the regulation, bonding, supervision and licensing thereof; to provide for the enforcement of said act and penalties for the violation thereof,” approved March 31, 1931.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, being chapter 237 of the Statutes of Nevada 1931, is hereby amended to read as follows:

      Section 4.  The applicant shall file with the application a bond which shall run to the State of Nevada in the sum of one thousand dollars, and shall be conditioned that the principal, who shall be the applicant, who shall have been a resident of the State of Nevada for at least six months prior to the application, shall and will, upon demand in writing, pay and turn over to or for the use of any customer from whom any claim is taken or received for collection the proceeds of such collection, in accordance with the terms of the agreement made between the said principal and the said customer, and conditioned that the principal will comply with all requirements of this or of any other statute now in force or hereafter enacted with respect to the duties, obligations and liabilities of collection agencies. Such bond shall cover all matters placed with said licensee during the term of said license so applied for, or renewal thereof, and liability thereunder shall continue in accordance with the provisions of section 10, and the bond be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada in the sum of one thousand ($1,000) dollars.

Applicant must file bond

Fees of constables, Washoe County

Mileage allowance

Fees to be accounted for and paid to treasurer monthly

[Assembly Bill No. 265–Messrs. Gray and Shelly]

Chap. 106–An Act regulating and fixing the fees to be charged and collected by constables in townships of Washoe County, State of Nevada, and repealing all acts and parts of acts in conflict herewith.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  All constables of the townships in the county of Washoe, State of Nevada, shall charge and collect the following fees:

      For serving summons or other process by which suit is commenced, in civil cases, one dollar; for summoning a jury, in civil cases, before a justice of the peace, one dollar; for taking bond or undertaking, one dollar; for serving attachment against the property of any defendant, one dollar; for serving subpena in civil actions, one dollar; provided, however, that where more than one subpena is necessary in any one action the fees for such service shall not exceed two dollars for each litigant; for receiving and taking care of property on attachment, execution or order, his actual necessary expenses, to be allowed by the justice who issued the execution, upon affidavit of the constable that such charges are correct, and the expense necessarily incurred; for a copy of any writ, process, or other paper when required by law, fifty cents; provided, that no more than fifty cents shall be charged for the service of a copy of affidavit and order under the provisions of section 9367 Nevada Compiled Laws 1929; for drawing and executing every constable’s deed, to be paid by grantee, who shall also pay for the acknowledgement thereof, two dollars; for each certificate of sale of real estate, under execution, one dollar; for levying an execution, or executing an order of arrest in civil cases, or order for the delivery of personal property, one dollar; for making and posting notices of sale, on execution, fifty cents each, not to include cost of publication in newspapers.

      Sec. 2.  For mileage in serving any paper mentioned in the preceding section, for each mile necessarily traveled, in going only, fifty cents; provided, when two or more persons are to be served with the same paper in the same action, mileage shall only be charged for the most distant if they live in the same direction.

      Sec. 3.  All fees shall be accounted for and paid over monthly, not later than the tenth day of the next succeeding month in which such fees are collected, by said constable to the county treasurer of Washoe County, unless the board of county commissioners of said county shall otherwise direct.

of county commissioners of said county shall otherwise direct.

      Sec. 4.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 5.  This act shall become effective immediately upon its passage and approval.

Repeal

In effect

[Assembly Bill No. 218–Mr. Sherwood]

Chap. 107–An Act directing the state board of control of the State of Nevada to convey to the United States, as a national monument, certain lands situated in White Pine County, Nevada, providing for the manner of making such conveyance, and other matters properly relating thereto.

[Approved March 27, 1935]

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 state board of control of the State of Nevada is hereby authorized and directed to make, execute and deliver to the United States of America, for the purpose of being a national monument, a conveyance of the following described real estate, to wit: That certain lot and parcel of land within the boundaries of Lehman cave national monument in partly surveyed township 13 north, range 69 east, M. D. B. & M. (which was set aside and proclaimed January 24, 1922), which said lot and parcel of land is also within the boundaries of homestead entry, survey number 149, embracing 46.97 acres, and which said lot and parcel of land is further described as follows:

      Beginning at a point which is the southwesterly corner of said homestead entry number 149 and running along the westerly boundary line of said homestead entry northwesterly for a distance of two hundred (200) feet; running thence at a right angle in a northeasterly direction and parallel to the southerly boundary line of said homestead entry for a distance of one hundred and fifty (150) feet; running thence at a right angle approximately in a southeasterly direction and parallel to the westerly line of said homestead entry for a distance of two hundred (200) feet to an intersection with the southerly line of said homestead entry; running thence along said southerly boundary and in a southwesterly direction for a distance of one hundred and fifty (150) feet to the point and place of beginning, all of which said lot and parcel of land if surveyed would be situate in the northeast quarter of the northwest quarter of section 15, township 13 north, range 69 east, M.

Duties of state board of control

Description of property conveyed

In effect

situate in the northeast quarter of the northwest quarter of section 15, township 13 north, range 69 east, M. D. B. & M., and embraces 0.688 acre, more or less.

      Sec. 2.  This act will be in full force and effect from and after its passage and approval.

Relating to conventions held in presidential election years

Repeal

In effect

[Assembly Bill No. 82–Mr. Noble]

Chap. 108–An Act to amend an act entitled “An act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917, as amended.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 24 1/2, to follow section 24 of said act, being section 2427 N. C. L. 1929, to read as follows:

      Section 24 1/2.  In presidential election years, on the call of a national party convention, but one set of county conventions and but one state convention shall be held, on such respective dates and places as the state central committee of the party shall designate. Delegates to such conventions shall be selected in the same manner as prescribed in sections 23 and 24 of this act, except as to time, and each convention shall have and exercise all of the power granted it under the aforesaid sections 23 and 24. In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party, and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective from and after its passage and approval.

[Assembly Bill No. 114–Mr. Cline]

Chap. 109–An Act providing for the withdrawal from entry and sale of certain lands belonging to the State of Nevada containing gravel deposits or road-building material to be used in the construction and repair of public highways; limiting the amount of such withdrawals; providing the method of withdrawal; and other matters properly relating thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  The surveyor-general as state land register is hereby empowered and directed to withdraw from entry and sale, state land of not to exceed forty acres in any one tract, which contains gravel deposits or other road-building material necessary to be used by the state highway department in the construction and repair of public highways in this state. Said withdrawal from entry or sale of such tract or tracts of land shall be made only upon the filing with the state land register by the state highway engineer an accurate map of the tract of land desired, together with an accurate description thereof according to legal subdivisions, or by metes and bounds, and a statement in writing signed by the state highway engineer that such tract of land contains gravel deposits or other road-building material, and that the same is necessary for the construction or repair of public highways of the state. Upon receipt of such map and statement and ascertaining that the description of the land therein is correct and that such land is then subject to entry and sale, the state land register may withdraw the same from entry and sale, making appropriate entries thereof in his records; provided, such withdrawal or withdrawals shall only continue and be in effect during such time as such tract or tracts of land shall be needed by the state highway department for the purpose of extracting gravel or other road-building material therefrom.

      Sec. 2.  This act shall take effect from and after its passage and approval.

Lands containing gravel deposits to be withdrawn by surveyor-general

Duration of withdrawal limited

In effect

Disposition of community property on death of either spouse

Repeal

In effect

[Assembly Bill No. 148–Mr. Arnold]

Chap. 110–An Act to amend an act entitled “An act defining the rights of husband and wife,” approved March 10, 1873, as amended.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 10 of the above-entitled act, being section 3364 N. C. L. 1929, is hereby amended to read as follows:

      Section 10.  Upon the death of either spouse the entire community property belongs, without administration, to the survivor, except that in case the husband shall have abandoned his wife and lived separate and apart from her without such cause as would have entitled him to a divorce, the half of the community property subject to the payment of its equal share of the debts chargeable to the estate owned in community by the husband and wife, is at her testamentary disposition in the same manner as her separate property, and in the absence of such disposition goes to her descendants equally, if such descendants are in the same degree of kindred to decedent; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, goes to her other heirs at law, exclusive of her husband.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

[Assembly Bill No. 200–Mr. Cline]

Chap. 111–An Act to amend an act entitled “An act providing for the appointment of road supervisors in counties polling three thousand votes or over, for the subdivision of said counties into road districts, and matters properly relating thereto, and to repeal all other acts and parts of acts in conflict therewith,” approved March 24, 1911.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 3 of the above-entitled act, being section 5424 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  It shall be the duty of road supervisors appointed under the provisions of this act to supervise all work upon the roads in his district, to attest to the propriety and correctness of all bills for such work,

appointed under the provisions of this act to supervise all work upon the roads in his district, to attest to the propriety and correctness of all bills for such work, and to direct the expenditures of all sums set apart for his district by the board of county commissioners; provided, that no bills shall be contracted nor any money expended by said road supervisor unless he shall have first obtained the consent and approval of said board of county commissioners; provided, no such road supervisor shall use or contract the use of any motor truck or road building equipment owned by him or any relative within the third degree of consanguinity or affinity in the construction or maintenance of any county road or highway, except in cases of emergency, when it shall be lawful for him to use of contract the use of such truck or equipment for a period of not to exceed five (5) days in any one month.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Duties of road supervisors

Nepotism act invoked

Repeal

In effect

[Assembly Bill No. 199–Mr. Cline]

Chap. 112–An Act to amend an act entitled “An act providing for the election for road supervisors, for the subdivision of counties into road districts, and matters properly relating thereto,” approved March 19, 1901.

[Approved March 27, 1935]

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 5419 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  At every election of county officers, there shall also be elected one road supervisor in each road district, whose duty it shall be to supervise all work upon the roads in his district, and to attest to the propriety of all bills for such work, and to direct the expenditure of all sums set apart for his district by the county commissioners; provided, no such road supervisor shall use or contract the use of any motor truck or road building equipment owned by him or any relative within the third degree of consanguinity or affinity in the construction or maintenance of any county road or highway, except in cases of emergency, when it shall be lawful for him to use or contract the use of such truck or equipment for a period of not to exceed five days in any one month.

Supervisor to be elected

Nepotism act invoked

Repeal

In effect

truck or equipment for a period of not to exceed five days in any one month.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Preamble

Duties of prison commissioners

Attorney-general to approve deed

Appropriation, $1,000

In effect

[Senate Bill No. 185–Senator Dressler]

Chap. 113–An Act directing the purchase of a tract of land for state purposes, and making an appropriation therefor.

[Approved March 27, 1935]

      Whereas, The tract of land in this act described is contiguous and adjacent to the state prison site and is owned by Lillian M. Finnegan; and

      Whereas, For some time various buildings, structures and works of the state prison institution have occupied said tract in part, and said tract is desirable for that purpose; and

      Whereas, Said tract can be purchased for one thousand dollars ($1,000); now,

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

Assembly, do enact as follows:

      Section 1.  The board of state prison commissioners is directed and authorized to purchase in the name and for the use of the State of Nevada, from Lillian M. Finnegan, the following described tract of land located, situated, and being in the county of Ormsby, State of Nevada, to wit: SW 1/4 of SW 1/4 of sec. 15, and fractional SE 1/4 of SE 1/4, sec. 16, T. 15 N., R. 20 E., containing sixty-five (65) acres, more or less.

      Sec. 2.  Upon the filing of a report by said board showing said purchase and the report of the attorney-general approving a deed to the State of Nevada for said land, as to form thereof, with the state controller, the state controller shall audit and allow a claim in favor of Lillian M. Finnegan for one thousand dollars ($1,000), and shall draw and deliver his warrant in said sum to her, and the state treasurer shall pay the same. Such claim shall be approved by the board of examiners and paid as are claims against the State of Nevada.

      Sec. 3.  For the purposes of this act there is hereby appropriated the sum of one thousand dollars ($1,000) out of any funds in the state treasury not otherwise appropriated.

      Sec. 4.  This act shall take effect immediately upon its passage and approval.

[Assembly Bill No. 198–Messrs. Arnold and Sherwood]

Chap. 114–An Act to promote the organization and self-government of industry, trade and business for the purpose of securing cooperative action among trade groups through the establishment of codes of fair competition, and providing for the enforcement of the provisions thereof, through administrative agencies and otherwise in cooperating with the national government in its efforts to promote recovery from industrial and business depression.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Declaration of Policy.  The existence of a national emergency productive of widespread unemployment, and disorganization of industry, which burdens interstate and foreign commerce, affects the public welfare, and undermines the standards of living of the American people is hereby recognized, and it is hereby declared that such national emergency contributes to the existence of a similar statewide emergency productive of similar conditions in this state, which affect the industry and commerce of this state and the welfare of its citizens, and that the existence of the statewide emergency contributes to the existence of the national emergency. It is hereby declared to be the purposes of this act and the policies of this state, to supplement and to cooperate in effectuating national policy to meet the emergency, to insure uniformity of state regulations of commerce with national regulation, to remove obstructions to the free flow of commerce which tend to diminish the amount thereof, and to provide for the general welfare; by promoting the organization of industry for the purpose of cooperative action among trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural products by increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and otherwise rehabilitating industry and conserving natural resources. The foregoing policies shall be the standards for, and limitations upon the exercise by the governor of powers provided for in the subsequent sections of this act.

Declaration of policy

State codes of fair competition

      Sec. 2.  State Codes of Fair Competition.  (a) Upon application to the governor by one or more trade or industrial associations or groups, the governor shall approve a code or codes of fair competition for the trade or industry or subdivision thereof represented by the applicant or applicants, if the governor, after such hearing as he may deem necessary, finds: (1) That such associations or groups impose no inequitable restrictions on admission to membership therein, and are truly representative of such trades or industries or subdivisions thereof, and (2) that such code or codes are not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate to discriminate against them, and will tend to effectuate the policy of this act; provided, that such code or codes shall not permit monopolies or monopolistic practices; and provided further, that where such code or codes affect the services and welfare of persons engaged in other steps of the economic process, nothing in this section shall deprive such persons of the right to be heard prior to approval of such code or codes; and provided further, that such code or codes, except as to administrative provisions, conforms to the corresponding national code of fair competition and agreement, if any, upon all matters which are the subject of provisions of such national code and agreement, and that the administrative provisions do not provide for any agency duplicating, overlapping or conflicting with any provided for in such national code and agreement, and that no provision is contained therein for assessing costs of code administration on members of the trade or industry or subdivision thereof if assessment of costs of code administration is provided for in such national code or agreement; and provided further, that the provisions of any such code are not inconsistent with any national legislation designed to effectuate policies corresponding to those set forth in section 1 of this act, the governor shall, as a condition of his approval of any code, require that the provisions thereof shall conform to any such national legislation and impose such other conditions (including requirements for the making of reports and the keeping of accounts), for the protection of consumers, competitors, employees, and others, and in furtherance of the public interest, and shall provide such exceptions to and exemptions from the provisions of such code as he finds necessary to effectuate the policy and requirements herein declared; provided, that where there is a corresponding national code, he shall impose conditions and provide exceptions and exemptions to maintain the conformity of such code and of his approval thereof with such corresponding national code and the order of approval thereof, respectively.

      (b) Every code of fair competition approved under the provisions of this act shall contain the following conditions: (1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved or prescribed by the governor.

      (c) The governor shall prescribe such orders, rules and regulations as he finds necessary to carry out the purposes and provisions of this act and to maintain conformity of such codes to the corresponding national codes and agreements, if any, and any violation of any such order, rule, or regulation shall be a violation of this act.

      (d) The governor shall, from time to time, cancel or modify any code, order, approval, rule, or regulation approved or issued under this act as he finds necessary to effectuate the policy and requirements herein declared and to maintain conformity to the corresponding national code, agreement, order, approval, rule, or regulation, and to national legislation designed to effectuate policies corresponding to those set forth in section 1 of this act, and such code of fair competition approved by the governor shall contain an express provision to this effect, in lieu of any similar corresponding provision in the corresponding national code, if any.

      (e) After the governor shall have approved any such code, the provisions thereof shall be the standards of fair competition for such trade or industry or subdivision thereof, and any violation of such standards shall be deemed an unfair method of competition and a violation of this act.

      Sec. 3.  National Codes of Fair Competition.  (a) National codes of fair competition for trades or industries or subdivisions thereof shall be presumed to effectuate the policy and requirements of this act, and shall be effective as state codes for such trades or industries or subdivisions thereof with the same force and effect as if applied for and approved pursuant to section 2 hereof.

      (b) After a national code of fair competition shall have been approved, issued or prescribed, the provisions of such code shall be effective as the standards of fair competition for such trade or industry or subdivision thereof, and any violation of such standards shall be deemed an unfair method of competition and a violation of this act.

State codes of fair competition

National codes of fair competition

National codes of fair competition

Agreements

Filing of codes, orders, rules, and regulations

Penalties; who may institute suit; jurisdiction of state courts; duties of attorney-general and other officers

for such trade or industry or subdivision thereof, and any violation of such standards shall be deemed an unfair method of competition and a violation of this act.

      (c) Any code authority administering a national code of fair competition effective under this act as a state code shall have powers and duties for the administration of such code corresponding to the powers and duties vested in it as a code authority for the administration of a national code. When a state code, or a national code effective as a state code, contains provision for the levy of assessments upon members of the trade or industry, or subdivision thereof, to support the administration of the code, and such levy has been duly approved pursuant to the provisions of the applicable code, orders, rules, and regulations, the code authority administering such code is empowered to levy such assessments and to institute actions therefor in its own name in the courts of this state.

      Sec. 4.  Agreements.  Agreements, as hereinafter defined, when duly entered into or approved shall be presumed to effectuate the policy of this act, and shall be effective as the standards of fair competition for the persons, organizations, or groups, parties thereto, and any violation of any such standards shall be deemed an unfair method of competition and a violation of this act.

      Sec. 5.  Filing of Codes, Orders, Rules, and Regulations.  All codes of fair competition, orders, rules, and regulations which are approved, issued or prescribed by the governor, pursuant to this act, shall be filed with the secretary of state. The secretary of state shall maintain a file of all national codes of fair competition.

      Sec. 6.  Penalties-Who May Institute Suit-Jurisdiction of State Courts-Duties of Attorney-General and Other Officers.  (a) Any violation of any provision of this act shall be a misdemeanor, and upon conviction thereof an offender shall be subject to a fine of not more than five hundred dollars ($500) for each offense, and each day such violation continues shall be deemed a separate offense. A judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution hereunder for the same act or acts. Acquittal on the ground the defendant was not engaged in a transaction subject to federal regulation shall not be deemed an acquittal on the merits for the purpose of this section.

      (b) Any person whose interests may be affected, the attorney-general or any district attorney of this state may institute a suit to prevent and restrain any violation of this act. The district courts of this state shall have jurisdiction of such suits.

      (c) It shall be the duty of the attorney-general and also of the several district attorneys of this state to enforce this act by proceedings as herein provided for.

of the several district attorneys of this state to enforce this act by proceedings as herein provided for. For such purpose the attorney-general may appear in person or by his duly authorized deputy or assistant, or by any district attorney of this state acting pursuant to his direction, in any court of this state having jurisdiction, and conduct proceedings in the name of the state.

      Sec. 7.  Exemption from Antitrust Laws.  While any code or agreement under this act is in effect, and for sixty days thereafter, such code or agreement, and any action taken during such period complying with the provisions of such code or agreement, shall be exempt from the provisions of the antitrust laws of this state.

      Sec. 8.  Actions by Employees for Nonpayment of Wages.  Any employer subject to the provisions of any code of fair competition or agreement who pays any employee wages at a rate below the minimum provided for therein shall be liable to pay and shall pay to any such employee the difference between the wages actually received by such employee and those to which such employee would have been entitled if paid at the minimum rate provided for by such code or agreement, and such employee may bring an action to recover such sum. In any such action the employer shall be liable to pay and shall pay by way of damages an additional sum equal to the amount of wages found to be due and payable to such employee. The justice of peace or district courts of this state shall have jurisdiction of the action provided for by this section.

      Sec. 9.  Admissibility of Codes, Orders, Rules, and Regulations.  Any copy of a national code of fair competition, any amendment thereof, or any order, rule, or regulation relating thereto, and any agreement which bears the imprint of the United States government printing office, Washington, D. C., shall be admissible in evidence in the courts of this state, without certification of exemplification of any kind, as prima-facie evidence of the contents of the original.

      Sec. 10.  Utilization of National, State and Local Officers.  To effectuate the policy and requirements of this act, the governor is hereby authorized, with the consent of the national government, to utilize such national agencies, officials and employees, and to consent to the utilization of such state and local officers and employees by the president and agencies of the United States as the governor may deem necessary for the administration of national codes of fair competition and agreements insofar as they are effective in this state under this act.

      Sec. 11.  Letting of Public Contracts.  In furtherance of the purposes of this act all invitations to bidders hereafter made by this state, any political subdivision thereof, or any municipal corporation; or by an institution, agency, or department of any of them, shall contain a provision to the effect that no bid shall be considered unless it is accompanied by a certificate, duly executed by the bidder, stating that the bidder is complying with and will continue to comply with, each approved code of fair competition to which he is subject, or, if he is engaged in any trade or industry for which there is no such code, stating that as to such trade or industry he has become a party to and is complying with and will continue to comply with an agreement as hereinafter defined.

Exemption from anti-trust laws

Actions by employees for non-payment of wages

Admissibility of codes, orders, rules, and regulations

Utilization of national, state and local officers

Letting of public contracts

Letting of public contracts

Duration of act

Definitions

or any municipal corporation; or by an institution, agency, or department of any of them, shall contain a provision to the effect that no bid shall be considered unless it is accompanied by a certificate, duly executed by the bidder, stating that the bidder is complying with and will continue to comply with, each approved code of fair competition to which he is subject, or, if he is engaged in any trade or industry for which there is no such code, stating that as to such trade or industry he has become a party to and is complying with and will continue to comply with an agreement as hereinafter defined. All contracts and purchase orders authorized by this state, any political subdivision thereof, or any municipal corporation, or by any department, agency, or institution of any of them, shall contain a provision to the effect that the party awarded any such contract or purchase order shall comply with each approved code of fair competition to which he is subject, and if engaged in a trade or industry for which there is no such code, then as to such trade or industry, with an agreement, as aforesaid; and a provision to the effect that such party, in the fulfillment of such contracts or purchase orders, shall require certificates that all articles, materials and supplies used therein have been mined, produced, manufactured or supplied in full compliance with the applicable codes of fair competition, or with an agreement as aforesaid.

      Sec. 12.  Duration of Act.  This act shall remain in effect for a period of two years from the effective date hereof.

      Sec. 13.  Definitions.  As used in this act:

      The term “national code of fair competition” means any code of fair competition which has been or may be approved, issued or prescribed by the president of the United States or by any national agency duly authorized for that purpose, as the standards of fair competition for any trade, industry or subdivision thereof, if such code will meet the requirements set forth in the clauses numbered (1) and (2) of paragraph (a) and the clauses numbered (1) and (2) and (3) of paragraph (b) of section 2 of this act, and said term includes any limited code of fair competition so approved, issued or prescribed.

      The word “agreement” means any agreement which the president of the United States or any national agency duly authorized for that purpose has entered into with, or approved between and among, persons engaged in a trade or industry, labor organizations and trade or industrial organizations, or groups, relating to any trade or industry, to aid in effectuating the policy of this act, if such agreement will meet the requirements set forth in clauses (1), (2) and (3) of paragraph (b) of section 2 of this act.

to aid in effectuating the policy of this act, if such agreement will meet the requirements set forth in clauses (1), (2) and (3) of paragraph (b) of section 2 of this act.

      The terms “code of fair competition,” “limited code of fair competition,” or “agreement” include all supplements, amendments, modifications, exemptions and exceptions and all orders, rules and regulations applying to such code or agreement, or affecting its application or construction.

      The word “person” includes, but without limitation, any individual, partnership, association, trustee, receiver, assignee for the benefit of creditors, or corporation.

      The word “conform” means imposing identical duties, obligations, rights and powers by the use of identical language, as near as may be.

      Sec. 14.  Separability Clause.  If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of this act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

      Sec. 15.  Title of Act.  This act may be known and cited as the Nevada industrial recovery act.

      Sec. 16.  Emergency Clause-Effective Date.  This act is hereby declared to be an urgent emergency measure necessary for the immediate preservation of the general welfare of the people of the state and shall, therefore, go into effect immediately to promote cooperation with the national government.

Definitions

Separability clause

Title of act

Emergency clause; effective date

[Senate Bill No. 7–Senator Foy]

Chap. 115–An Act to amend section 1 of an act entitled “An act to license and regulate insurance business in this state,” approved February 23, 1881.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being paragraph 3540 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  No company, corporation, or association organized under the laws of this state or any other state or government, or firm, or individual, shall be permitted to transact an insurance business in this state without a certificate from the state controller authorizing and permitting the transaction of such business; provided, that any company, corporation or association mentioned herein, which shall have transacted or solicited insurance business within this state, without a certificate from the state controller so to do, through agents or brokers unauthorized to do business within the State of Nevada, shall not be granted a permit to do insurance business within this state for a period of one year from and after the last date of the transacting or writing of such insurance business; provided, that nothing herein contained shall apply to corporations, companies, and unincorporated benefit and relief associations whose policy and certificate holders are confined to the employees of common carriers and their families, or fraternal insurance organizations.

Insurance companies must have certificate to operate

Proviso

In effect

Repeal

transacted or solicited insurance business within this state, without a certificate from the state controller so to do, through agents or brokers unauthorized to do business within the State of Nevada, shall not be granted a permit to do insurance business within this state for a period of one year from and after the last date of the transacting or writing of such insurance business; provided, that nothing herein contained shall apply to corporations, companies, and unincorporated benefit and relief associations whose policy and certificate holders are confined to the employees of common carriers and their families, or fraternal insurance organizations.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

      Sec. 3.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Title of act amended

Mortgages on movable property

Chattel mortgages on crops

[Assembly Bill No. 129–Mr. Noble]

Chap. 116–An Act to amend the title of an act entitled “An act concerning mortgages of personal property, providing for their recordation, and other matters relating thereto, and repealing all acts or parts of acts in conflict herewith,” approved March 8, 1923, together with the acts amendatory thereof or supplemental thereto, and to amend sections 1, 2, 3, 4, and 5 of said act, and to repeal sections 6, 7, and 7a thereof.

[Approved March 27, 1935]

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 is hereby amended to read as follows:

      An act concerning mortgages of personal property, providing for their filing and other matters relating thereto, and repealing certain sections, and all other acts or parts of acts in conflict herewith.

      Sec. 2.  Section 1 of the above-entitled act, being section 985 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Mortgages may be made upon all agricultural crops, livestock, and upon any and all kinds of personal property and chattels except articles of wearing apparel and personal adornment.

      A chattel mortgage upon an agricultural crop may be executed as well before as after the crop is planted, and may be made for all agricultural crops planted and grown by the mortgagor, during the life of the mortgage and until the obligation or debt for which the mortgage is given as security is extinguished or discharged; and when executed before the crop is planted, it shall be expressed in the mortgage that it is the intention of the parties that the same shall take effect upon the crop when planted.

obligation or debt for which the mortgage is given as security is extinguished or discharged; and when executed before the crop is planted, it shall be expressed in the mortgage that it is the intention of the parties that the same shall take effect upon the crop when planted. The lien of the mortgage upon an agricultural crop shall continue until after the crop shall be harvested, threshed or baled, or otherwise prepared for market and delivered to the mortgagee or his order. For purposes of mortgaging crops, fruits, berries, emblements and industrial crops (either annual or perennial), and either grown or growing, or to be planted, produced or grown within two years from the execution of any such mortgage, and things attached to or forming part of the land which may be severed therefrom under the terms of any such mortgage, shall be deemed to be personal property and mortgageable as such and in the manner provided by law.

      Sec. 3.  Section 2 of the above-entitled act, being section 986 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  Every mortgage, deed of trust or other instrument which creates a lien upon personal property, crops, or chattels, even though real property be included therein, is a chattel mortgage within the terms of this act, and when the same is executed, as required by this act, shall be entitled to filing as provided for in this act.

      Sec. 4.  Section 3 of the above-entitled act, being section 987 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  A mortgage of personal property or crops is void as against creditors of the mortgagor and subsequent purchasers or encumbrancers of the mortgaged property in good faith and for value, unless the mortgage, or a copy thereof certified to be such by a notary public or other officer authorized to take acknowledgments, or an executed counterpart of such mortgage, is filed, but not for recordation, in the office of the recorder of the county where the mortgagor resides at the time the mortgage is executed, or in case the mortgagor is a nonresident of this state, in the office of the recorder of the county or counties where the property mortgaged is located at the time the mortgage is executed.

      A mortgage of personal property or crops when so filed operates as constructive notice to all persons of the contents thereof.

      Sec. 5.  Section 4 of the above-entitled act, being section 988 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  A mortgage or personal property or crops must be filed in the office of the county recorder of the county in which the mortgagor resides if the mortgagor be a resident of this state, and it shall be filed in the county in which the property mortgaged is situated at the time of the execution thereof.

Chattel mortgages on crops

Chattel mortgage defined

Mortgage void unless made in good faith and filed

Mortgage must be filed in office of county recorder

When mortgagor is non-resident

Filing of mortgage is notice to all parties

Proviso as to nonresident

Sections repealed

property mortgaged is situated at the time of the execution thereof. Where the mortgagor is a corporation, said mortgage shall be filed in the county in which said corporation has its principal office, and where the mortgagor is a copartnership it shall be sufficient if said mortgage be filed in the county in which the principal place of business of said copartnership is located.

      If the mortgagor is a nonresident of this state, said mortgage shall be filed in the office of the recorder of the county or counties within this state where the property mortgaged, or any part thereof, is located at the time the mortgage is executed.

      Sec. 6.  Section 5 of the above-entitled act, being section 989 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  Every chattel mortgage executed as required by this act, and filed with the recorder of the proper county or counties in the manner prescribed in this act shall, from the time of filing the same with the county recorder, impart notice to all the world, and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice; provided, when personal property mortgaged by a nonresident of this state is removed from the county in which it is situated at the time of the execution of the mortgage, the lien of the mortgage shall not be affected thereby for thirty days after such removal; but, after the expiration of such thirty days, said property mortgaged is exempt from the operation of the mortgage, except as between the parties thereto (and except as may otherwise be provided by law), until either:

      (1) The mortgagee causes the mortgage to be filed in the manner permitted by law in the county to which the property has been removed; or

      (2) The mortgagee takes possession of the property as prescribed in the next paragraph.

      Except as may otherwise be provided by law as to any particular class of personal property, if the mortgagor removes or permits the removal of the mortgaged property from the county in which it was situated at the time it was mortgaged, the mortgagee may take possession and dispose of the property as a pledge for payment of the debt, though the debt is not due.

      Sec. 7.  Section 6 of the above-entitled act, being section 990 N. C. L. 1929, is hereby repealed.

      Sec. 8.  Section 7 of the above-entitled act, being section 991 N. C. L. 1929, is hereby repealed.

      Sec. 9.  Section 7a of the above-entitled act, being section 992 N. C. L. 1929, is hereby repealed.

      Sec. 10.  It is hereby expressly provided that in the event any section of this act or of the act of which this act is amendatory, shall be held by any court to be unconstitutional, void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act or the act of which this act is amendatory.

amendatory, shall be held by any court to be unconstitutional, void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act or the act of which this act is amendatory.

      Sec. 11.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 12.  This act shall become effective from and after its passage and approval.

Invalidity of one section not to affect others

Repeal

In effect

[Assembly Bill No. 134–Mr. Noble]

Chap. 117–An Act concerning mortgages of personal property and crops and including provisions for the continuity of the liens thereof, the securing of additional advances and obligations thereunder and the mortgaging of after-acquired property.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Where a mortgage of livestock, or other animate chattels, or crops is taken to secure mainly, or among other things, funds that may be advanced thereafter from the mortgagee or assigns to the mortgagor, mortgagors or any of them, which funds to be advanced shall be for the purpose of financing the mortgagor, mortgagors or any of them during any regular production period involving the property or any part thereof encumbered by or described in said mortgage, or for other particular purposes, and during which period or periods the mortgagor, mortgagors or any of them may need and request such financing, such mortgage shall be and continue to be (subject to the limitation of six years except as between parties as provided by law), until formally released or discharged in the recorder’s office, a lien and encumbrance upon the property described therein, of status, effect, rank and standing equal to that established initially and thereafter obtained by such mortgage, as security for the repayment of all sums that may be or become due under such mortgage, and all obligations secured thereby, even though during such period or periods of financing the debt or debts, obligation or obligations secured by such mortgage, as they exist at any particular time, may have been repaid in full to the mortgagee or assigns, from proceeds of sale of the mortgaged property, or otherwise, and all creditors, encumbrancers and purchasers of the mortgagor, mortgagors or any of them of any such mortgaged property shall be bound thereby and held to have notice of the continuation of the mortgage lien, provided such mortgage has been executed and filed or recorded as required by law, or such parties have actual notice thereof.

Mortgage lien continuous until released

Mortgage to protect subsequent loans or advances

Mortgage on livestock or other animate chattels

Repeal

In effect

of the mortgage lien, provided such mortgage has been executed and filed or recorded as required by law, or such parties have actual notice thereof.

      Sec. 2.  A mortgage of personal property or crops may be given to secure the repayment of sums that may be optionally or obligatorily advanced, expenditures that may be made, or indebtednesses or obligations that may be incurred subsequent to the execution of such mortgage. If the maximum amount, the repayment of which is intended to be secured by such mortgage, is expressed therein, such mortgage shall be and constitute a lien or encumbrance of rank, effect, status and standing equal to that established thereby initially and as it may thereafter obtain, as security for the repayment of any sums, expenditures, indebtednesses, and obligations, owing or due or becoming owing or due thereunder, up to and including such expressed maximum amount which shall be considered only as a limit of the debts, sums, expenditures, indebtednesses, and obligations that may be secured thereby at any one time, and not to include such as may have existed and been repaid or discharged thereunder. A mortgage of personal property or crops shall also constitute a lien or encumbrance of rank, effect, status and standing equal to that established initially or thereafter obtained thereby, as security for the repayment of all sums or amounts that are necessarily advanced or expended by the mortgagee or assigns, for the maintenance or preservation of the property, or any part thereof, described in such mortgage.

      Sec. 3.  A mortgage may be given of livestock, or other animate chattels, title to which is acquired by the mortgagor subsequent to the execution of the mortgage, through the use of funds loaned or to be loaned, or otherwise, the repayment of which is secured or to be secured in whole or in part by such mortgage, and it shall be a sufficient description of such livestock, or other animate chattels, if the number thereof as nearly as may be reasonably ascertained at the time the mortgage is executed, the place where the same will be ordinarily located while owned by the mortgagor, the marks and brands that are or shall be placed upon the same, if any, and, as nearly as may be ascertained at the time the mortgage is executed, the general kind or class of the same, are stated in such mortgage. Any such mortgage, when duly executed and filed or recorded as required by law, shall constitute notice thereof to all parties.

      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 upon its passage and approval.

[Assembly Bill No. 135–Mr. Noble]

Chap. 118–An Act concerning the mortgaging of personal property and providing for the validity of mortgages upon consumable chattels.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  No mortgage of livestock, or other animate chattels, and hay, grain or other feed materials shall be invalid or deemed fraudulent in any particular because provision is contained therein, or otherwise, or because the mortgagee or assignee consents that the mortgagor may use or permit the use or consumption of such feed, forage and fodder crops or materials in caring for, preserving or preparing for markets or sale the livestock or other animate chattels covered thereby.

      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 its passage and approval.

Cost of sustaining livestock not to invalidate mortgage

Repeal

In effect

[Assembly Bill No. 138–Mr. Noble]

Chap. 119–An Act to amend the title of and to amend an act entitled “An act relating to the recording of instruments in the offices of the various county recorders of the State of Nevada, and other matters relating thereto,” approved March 9, 1923, as amended.

[Approved March 27, 1935]

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 is hereby amended to read as follows:

      An act relating to the recording of instruments in the offices of the various county recorders of the State of Nevada, and other matters relating thereto, and to provide for the filing of certain instruments, such filed instruments to constitute the record thereof, and other matters relating thereto.

      Sec. 2.  Section 2 of the above-entitled act, being section 2112 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  Each of the county recorders of this state must, upon the payment of the statutory fees for same, record, separately, in a fair hand, or typewriting, in large well-bound separate books as hereinafter alphabetically indicated, either sewed books or an insertable leaf, which when placed in the book cannot be removed:

Title of act amended

Must record certain papers

Instruments specified

“Official records”

either sewed books or an insertable leaf, which when placed in the book cannot be removed:

      (a) Deeds, grants, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.

      (b) Certificates of marriage and marriage contracts.

      (c) Wills admitted to probate.

      (d) Official bonds.

      (e) Notice of mechanics’ liens.

      (f) Transcripts of judgments, which by law are made liens upon real estate in this state.

      (g) Notices of attachments upon real estate.

      (h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.

      (i) Instruments describing or relating to the separate property of married women.

      (j) Notice of pre-emption claims.

      (k) Births and deaths.

      (l) Notices and certificates of location of mining claims.

      (m) Affidavits or proof of annual labor on mining claims.

      (n) Certificates of sale.

      (o) Judgments or decrees.

      (p) Declarations of homesteads.

      (q) Such other writings as are required or permitted by law to be recorded.

      Each of the instruments named in subdivision (a) of this section may be recorded in separate books in the discretion of the recorder.

      In lieu of any or all of the separate books above provided for, the recorder may, in his discretion, record any or all of the above instruments in one general series of books to be called “Official Records,” which books shall be numbered consecutively beginning with number one. The recording of instruments in such “Official Records” will impart notice in like manner and effect as if such instruments were recorded in any of the separate books in this act provided for.

      The county recorder must, upon the payment of his fees for the same, file, properly index and safely keep in a well-constructed metal file, in such manner as may be suitable and as will make the same readily available for examination:

      (a) Originals, certified copies and executed counterparts of mortgages of personal property or crops.

      (b) Originals, certified copies and executed counterparts of assignments, complete or partial releases, discharges, satisfactions or cancelations or subordinating or waiving instruments or agreements relating to the documents, agreements or instruments, or other lien evidenced or created by the same listed in (a) above.

or instruments, or other lien evidenced or created by the same listed in (a) above.

      Sec. 3.  Section 3 of the above-entitled act, being section 2113 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  The county recorder of every county of this state must keep two separate indexes for each separate book or series of books maintained in his office for the separate recordation of the various classes of instruments alphabetically specified in section 2 of this act, and he shall also keep two separate indexes of the filing of mortgages of personal property or crops and other documents provided to be filed in said section 2 of this act. One of said indexes shall be for the grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or first party to any such instrument, and the other of such indexes shall be for the grantee, mortgagee, defendant, the party releasing or waiving or assigning or subordinating, or the second party thereto. Each of said indexes shall be so arranged as to show the names of each of the parties to every instrument, the date when such instrument was filed in the office of such recorder, the book and page where such instrument is recorded, or the file number and file where such instrument may be filed, and such other data as in the discretion of the county recorder may seem desirable. In the event the index shall be of one general series of books for all instruments recorded, it shall also show the character of the instrument indexed.

      The recorder may keep in the same volume any two or more of the indexes provided for in this section, but the several indexes must be kept distinct from each other. Every volume of indexes must be distinctly marked on the outside in such a way as to show all of the indexes kept therein.

      The first column of the several indexes for grantors, mortgagors, plaintiffs, assignees, parties benefited by a subordination, waiver or release, or the first parties to any instrument, shall be properly designated to show the name of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or first party, as the case may be, and the first column of the index provided for grantees, mortgagees, defendants, the parties releasing or waiving or assigning or subordinating, or the second parties to any instrument shall be properly designated to show the name of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, or second party, as the case may be, and the names of the parties in the first column of such indexes must be arranged in alphabetical order. When a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execution must be both inserted in the indexes, and when an instrument is recorded or filed to which an executor, administrator, guardian, or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, or intestate, or ward, or party for whom the trust is held, must be inserted in the index.

Two separate indexes for each separate book

Indexes to be kept distinct

Description of indexes

Other indexes required

All instruments alphabetically indexed

Recorder must endorse all papers with exact time of receipt, etc.

Recorded or filed instrument imparts notice

the indexes, and when an instrument is recorded or filed to which an executor, administrator, guardian, or trustee is a party, the name of such executor, administrator, guardian or trustee, together with the name of the testator, or intestate, or ward, or party for whom the trust is held, must be inserted in the index.

      In addition to the indexes above provided for, the county recorder shall also keep and maintain such other indexes as may from time to time be required in the performance of his official duties.

      Every instrument filed in the office of any county recorder for record, or filed, but not for recordation, must be alphabetically indexed in the indexes so provided for each separate book or set of books or file, under the names of each grantor, mortgagor, plaintiff, assignee, party benefited by a subordination, waiver or release, or the first party thereto, in the index provided for that purpose, and also under the names of each grantee, mortgagee, defendant, party releasing or waiving or assigning or subordinating, or second party thereto, in the index provided for that purpose.

      Sec. 4.  Section 4 of the above-entitled act, being section 2114 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  When any instrument, paper, or notice authorized by law to be recorded, or filed, but not for recordation, is deposited in the recorder’s office for record or for filing, the recorder must endorse upon the same the time when it was received, noting the year, month, day, hour and minute of its reception, the file number thereof, the book and page where recorded or the place where filed, the amount of fees for recording or filing, and must record or file the same without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to the same, with the plats, surveys, schedules and other papers thereto annexed, in the order in which the same are received for record or for filing, and must note at the foot of the record and upon such instrument so filed or recorded the exact time of its reception, and the name of the person at whose request it was recorded or filed.

      Sec. 5.  Section 8 of the above-entitled act, being section 2118 N. C. L. 1929, is hereby amended to read as follows:

      Section 8.  Every instrument of writing acknowledged or proved and certified and recorded in the manner prescribed in this act shall, from the time of filing the same with the county recorder of the proper county for record, impart notice to all persons of the contents thereof, and all third parties shall be deemed to purchase and take with notice.

      Every instrument of writing filed, but not for recordation, as permitted by law, shall from the time of filing the same with the county recorder of the proper county impart notice to all persons of the contents thereof, and all third parties shall be deemed to purchase and take with notice.

same with the county recorder of the proper county impart notice to all persons of the contents thereof, and all third parties shall be deemed to purchase and take with notice.

      Sec. 6.  Section 10 of above-entitled act, being section 2120 N. C. L. 1929, is hereby amended to read as follows:

      Section 10.  A copy of any instrument once recorded or filed, certified by the county recorder in whose office such instrument is recorded or filed, may be recorded or filed in any other county of this state, and when so recorded or filed the record thereof, or such filed instrument, shall have the same force and effect as though it was of the original instrument.

      Sec. 7.  Section 11 of the above-entitled act, being section 2121 N. C. L. 1929, is hereby amended to read as follows:

      Section 11.  If any recorder to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded is delivered for record, or to whom any document, instrument or paper permitted by law to be filed is delivered for filing:

      (1) Neglects or refuses to record or file such instrument, paper, or notice within a reasonable time after receiving the same;

      (2) Records or files any instrument, paper, or notice, willfully or negligently, untruly, or in any manner than is hereinbefore directed;

      (3) Neglects or refuses to keep in his office such indexes as are required by this article, or to make the proper entries therein; or

      (4) Alters, changes, or obliterates any record or any filed instrument deposited in his office, or inserts any new matter therein, he is liable to the party aggrieved for three times the amount of the damages which may be occasioned thereby.

      Sec. 8.  It is hereby expressly provided that in the event that any section of this act or of the act of which this act is amendatory shall be held by any court to be unconstitutional, void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act or the act or which this act is amendatory.

      Sec. 9.  All acts are parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 10.  This act shall become effective from and after its passage and approval.

Certified copy recorded

Recorder liable for certain wrongful acts

Invalidity of one section not to affect others

Repeal

In effect

Recording and filing assignments of mortgages

Duties of recorder

[Assembly Bill No. 128–Mr. Noble]

Chap. 120–An Act concerning the recording and filing of assignments of mortgages or beneficial interests, and of releases, subordinations or waivers relating to mortgages and trust deeds; defining the duties of county recorders, and other matters relating thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Any assignment of a mortgage of real property, or of a mortgage of personal property or crops recorded prior to the time this act becomes effective, and any assignment of the beneficial interest under a deed of trust may be recorded, and any assignment or a copy thereof certified to be such by a notary public or other officer authorized to take acknowledgments, or an executed counterpart thereof, of a mortgage hereafter filed of personal property or crops, may be filed, and from the time any of the same are so filed for record, or filed, as the case may be, shall operate as constructive notice of the contents thereof to all persons; any instrument by which any mortgage or deed of trust of, lien upon or interest in real or personal property is subordinated or waived as to priority, may, in case it concerns only one or more mortgages or deeds of trust of, liens upon or interests in real property, together with, or in the alternative, one or more mortgages of, liens upon or interests in personal property or crops, the instruments or documents evidencing or creating which have been recorded prior to the time this amendment becomes effective, be recorded, and, in case it concerns mortgages or deeds of trust of, liens upon or interests in real or personal property or crops, one or more of the instruments or documents evidencing or creating which are filed hereafter, may be filed in the manner provided above for the filing of assignments by either the filing of the original instrument, a certified copy or executed counterpart thereof, and from the time any of the same are so filed for record, of filed, as the case may be, shall operate as constructive notice of the contents thereof, to all persons. Each such filing or recording shall be properly indexed by the recorder.

      When such assignments or instruments subordinating or waiving, or certified copies or executed counterparts of any of the same, are filed as above set forth, each such assignment, certified copy or executed counterpart thereof, shall be filed by the recorder with the mortgage (certified copy or executed counterpart thereof) on file, to which it refers, and such filing properly indexed, and each subordinating or waiving instrument, certified copy or executed counterpart thereof, shall be filed by the recorder with any mortgage or other instrument, certified copy or executed counterpart thereof, if on file with such recorder, in favor of which it functions (otherwise in a file by itself), and a notation shall be placed by the recorder in every case upon the instrument (the certified copy or executed counterpart thereof) evidencing or creating the lien or interest which has been thereby subordinated or waived, or upon the record thereof (if the same has been filed or recorded in such recorder’s office) substantially as follows:

or waiving instrument, certified copy or executed counterpart thereof, shall be filed by the recorder with any mortgage or other instrument, certified copy or executed counterpart thereof, if on file with such recorder, in favor of which it functions (otherwise in a file by itself), and a notation shall be placed by the recorder in every case upon the instrument (the certified copy or executed counterpart thereof) evidencing or creating the lien or interest which has been thereby subordinated or waived, or upon the record thereof (if the same has been filed or recorded in such recorder’s office) substantially as follows:

      “Subordinated (or waived) to the lien of (or in favor of) mortgage (or other items naming it) from (or between) .......................... to (and) ................................ dated ................................, filed in personal property and crop mortgage file No. .............. (or recorded in book........... at page............. of .............)” and each such filing and notation shall be properly indexed.

      Sec. 2.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be effective immediately upon its passage and approval.

Duties of recorder

Manner of recording

Repeal

In effect

[Assembly Bill No. 137–Mr. Noble]

Chap. 121–An Act to amend an act entitled “An act concerning conveyances,” approved November 5, 1861, together with the acts amendatory thereof or supplemental thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 35 of the above-entitled act, being section 1507 N. C. L. 1929, is hereby amended to read as follows:

      Section 35.  Any mortgage or lien that has been or may hereafter be recorded, may be discharged or assigned by an entry on the margin of the record thereof, signed by the mortgagee or his personal representative or assignee, acknowledging the satisfaction of or value received for the mortgage or lien, and the debt secured thereby in the presence of the recorder or his deputy, who shall subscribe the same as a witness, and such entry shall have the same effect as a deed of release or assignment duly acknowledged and recorded. Such marginal discharge or assignment shall in each case be properly indexed by the recorder.

      A mortgage of personal property or crops that has been filed, as prescribed in the laws of this state, may be discharged or assigned by an entry in the margin of the recorder’s index of such personal property or crop mortgage, opposite the indexing entry of such mortgage, together with an entry upon the face of such mortgage instrument (or certified copy or executed counterpart thereof), on file in such recorder’s office.

Mortgage and liens; how discharged

Mortgage and liens, how discharged

Discharge of recorded mortgage

Discharge to be recorded

recorder’s index of such personal property or crop mortgage, opposite the indexing entry of such mortgage, together with an entry upon the face of such mortgage instrument (or certified copy or executed counterpart thereof), on file in such recorder’s office. Such entries must be signed by the mortgagee, or his personal representative or assignee, and shall acknowledge the satisfaction or assignment of the mortgage or lien and the debt secured thereby, and such entries shall be made and subscribed in the presence of the recorder or his deputy, who shall subscribe the same as a witness, and such entries shall be effective for all purposes to release or assign said mortgage or lien.

      Sec. 2.  Section 36 of the above-entitled act, being section 1508 N. C. L. 1929, is hereby amended to read as follows:

      Section 36.  Any recorded mortgage shall also be discharged upon the record thereof by the recorder, in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his personal representative or assignee, acknowledged, or proved and certified, as hereinbefore prescribed, to entitle conveyances to be recorded, specifying that such mortgage has been paid or otherwise satisfied or discharged.

      A mortgage of personal property or crops that has been filed, as permitted by the laws of this state, if not discharged as provided in the preceding section, must be discharged upon the index of such personal property or crop mortgage and upon the face of such mortgage instrument (or certified copy or executed counterpart thereof), on file in the recorder’s office upon the filing with said recorder of a certificate signed by the mortgagee, his personal representative or assigns, stating that the mortgage has been paid, satisfied or discharged.

      Sec. 3.  Section 37 of the above-entitled act, being section 1509 N. C. L. 1929, is hereby amended to read as follows:

      Section 37.  Every such certificate of discharge of a recorded mortgage, and the proof or acknowledgment thereof, shall be recorded at full length and a reference shall be made to the book containing such record, in the minutes of the discharge of such mortgage, made by the recorder upon the record thereof.

      Every such certificate of discharge of a filed mortgage of personal property or crops shall be filed by the recorder with the mortgage (certified copy or executed counterpart thereof) on file, to which it refers, and such filing shall be properly indexed by the recorder.

      Sec. 4.  Section 38 of the above-entitled act, being section 1510 N. C. L. 1929, is hereby amended to read as follows:

      Section 38.  If any mortgagee, or his personal representative or assignee, as the case may be, after a full performance of the conditions of the mortgage, whether before or after a breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to execute and acknowledge, when necessary to entitled the same to record, a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs or assigns, in the sum of one hundred ($100) dollars, and also for all actual damages occasioned by such neglect or refusal.

of the conditions of the mortgage, whether before or after a breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to execute and acknowledge, when necessary to entitled the same to record, a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs or assigns, in the sum of one hundred ($100) dollars, and also for all actual damages occasioned by such neglect or refusal.

      Sec. 5.  Section 76 of the above-entitled act, being section 1547 N. C. L. 1929, is hereby amended to read as follows:

      Section 76.  A mortgage for a good and valuable consideration upon possessory claims to public lands, all buildings and improvements upon such lands, all quartz and mining claims, and all such personal property as shall be fixed in its structure to the soil, acknowledged in manner and form as mortgages upon real estate are required by law to be acknowledged, and recorded in the office of the recorder in the county in which the property is situated, shall have the same effect against third persons as mortgages upon real estate, excepting, however, that for the purposes of mortgaging crops, fruits, berries, emblements and industrial crops, either annual or perennial, and either grown or growing, or to be planted, produced or grown within two years from the execution of any such mortgage, and things attached to or forming part of the land which may be severed therefrom under the terms of any such mortgage, shall be deemed to be personal property and mortgageable as such in the manner provided by law.

      Sec. 6.  It is hereby expressly provided that in the event that any section of this act or of the act of which this act is amendatory shall be held by any court to be unconstitutional, void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act or the act of which this act is amendatory.

      Sec. 7.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 8.  This act shall become effective from and after its passage and approval.

Penalty for failure to discharge

Mortgage recorded

Exception

Invalidity of one section not to affect others

Fees of county recorders

[Assembly Bill No. 139–Mr. Noble]

Chap. 122–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, together with the acts amendatory thereof or supplemental thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, being section 2939 N. C. L. 1929, is hereby amended to read as follows:

      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 required 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; 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 recorder’s fees for the filing, indexing and safe-keeping 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:

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 cancelation 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.

      (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.

      Sec. 2.  All acts or pars of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective from and after its passage and approval.

Fees of county recorders

Repeal

In effect

Fees of county recorders

[Assembly Bill No. 131–Mr. Noble]

Chap. 123–An Act to amend an act entitled “An act to regulate fees and compensation for official and other services in the State of Nevada,” approved March 9, 1865, together with the acts amendatory thereof or supplemental thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, being section 2927 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  The following fees to the several county recorders (in counties polling 800 votes or less) are hereby established: For receiving, filing, and entering documents required to be recorded, twenty-five cents; for filing and entering any paper not to be recorded, fifty cents; for making all necessary indexes to each paper filed or recorded, for each name to be indexed, fifty cents; for recording any instrument, paper, or document, for each folio, thirty cents; for every certificate under seal, one dollar; for every entry of discharge of mortgage on the margin of records, fifty cents; for abstract of title for each document embraced thereby, one dollar; for searching records and files, for each document necessarily examined, fifty cents; for recording any survey or map other than town plat, for each course, fifty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twenty-five cents; for each folio of lettering or figuring thereon, or in the certificate and description of the same, one dollar; for recording certificates of marriage, death, divorce or birth, one dollar; for copy of any record or document in his office, the same fees as for recording; for taking acknowledgment, including certificate and seal, for first signature, one dollar, 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 usual sized records; for preparing the abstract of unsatisfied mortgages required for the board of equalization for each, twenty-five cents; provided, that the recorder’s fees for the filing, indexing and safe-keeping as provided for 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 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:

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 or personal property or crops or a certified copy of 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 certificate of such filing when requested, indexing and keeping every assignment, release, discharge, satisfaction, and cancelation 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.

      (4) For filing, issuing certificate of such filing when requested, indexing, making all necessary notations and endorsements, and keeping every instruments 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.

      Sec. 2.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall take effect from and after its passage and approval.

Fees of county recorders

Repeal

In effect

[Assembly Bill No. 133–Mr. Noble]

Chap. 124–An Act to provide for the extinguishment of liens of mortgages of personal property or crops except as between the parties thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  The lien of a mortgage of personal property or crops is extinguished, except as between the parties thereto, by a lapse of six years from the time such mortgage is executed.

Life of mortgage of personal property

Repeal

In effect

      Sec. 2.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall take effect immediately upon its passage and approval.

Mortgagor shall not sell nor remove without consent

Penalty for violation

Repeal

In effect

[Assembly Bill No. 130–Mr. Noble]

Chap. 125–An Act to amend an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, together with the acts amendatory thereof or supplemental thereto.

[Approved March 27, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 432 of the above-entitled act, being section 10384 N. C. L. 1929, is hereby amended to read as follows:

      Section 432.  The mortgagor of personal property or crops shall not sell or dispose of any such property, or remove the same from the county wherein the mortgaged property is located at the time the mortgage thereupon is executed, during the time said mortgage is in force, without the written consent of the mortgagee first had and obtained.

      Sec. 2.  Section 433 of the above-entitled act, being section 10385 N. C. L. 1929, is hereby amended to read as follows:

      Section 433.  Any person violating any of the provisions of the next preceding section, with intent to hinder, delay, or defraud the mortgagee, shall be deemed guilty of a gross misdemeanor.

      Sec. 3.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 4.  This act shall become effective from and after its passage and approval.

[Assembly Bill No. 246–Washoe, Clark, and White Pine County Delegations]

Chap. 126–An Act to amend the title of and 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 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 liability insurance in certain cases, providing for an official inspector and salary and allowances therefor, providing penalties for the violation hereof and other civil actions for the recovery of license fees herein, 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.

[Approved March 28, 1935]

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, approved March 23, 1933, is hereby amended to read as follows:

      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 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 hereof and other civil actions for the recovery of license fees herein, 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.

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

      Section 2.  (a) The term “motor vehicle” when used in this act means any automobile, automobile truck, trailer, automobile tractor and semitrailer, motor bus, motorcycle, or any other self-propelled or motor driven vehicle, used upon any public highway of this state for the purpose of transporting persons or property.

Title of act amended

Definition of terms

Definition of terms

or any other self-propelled or motor driven vehicle, used upon any public highway of this state for the purpose of transporting persons or property.

      (b) The term “common motor carrier of property” when used in this act shall mean any person engaged in the transportation by motor vehicle of property for hire as a common carrier conducting fixed route or on-call route operations.

      (c) The term “contract motor carrier of property” when used in this act shall be construed to mean any person not a common motor carrier of property engaged in the transportation by motor vehicle of property for hire.

      (d) The term “private motor carrier of property” when used in this act shall be construed to mean any person engaged in the transportation by motor vehicle of property sold, or to be sold, or used by him in furtherance of any private commercial enterprise.

      (e) The term “common motor carrier of passengers” when used in this act shall mean any person engaged in the transportation by motor vehicle of passengers or express for hire as a common carrier conducting fixed route or on-call route operations.

      (f) The term “contract motor carrier of passengers” when used in this act shall be construed to mean any person not a common motor carrier of passengers engaged in the transportation by motor vehicle of passengers or express for hire.

      (g) The term “motor convoy carrier” when used in this act shall mean any person, whether engaged in any of the carrier services hereinbefore defined, or otherwise, who tows or causes to be towed by means of another motor vehicle or other motive power, any motor vehicle or vehicles over and along the public highways of this state, where such towed motor vehicle or vehicles are to be sold or stored for the purposes of sale or storage, or for use in public or contract carrier service; provided, that the term “motor convoy carrier” shall also mean any person who, not being then and there in possession of the motor carrier license provided in this act, shall transport or carry any motor vehicle over and along the public highways of this state in another motor vehicle, where such motor vehicle so transported is to be sold or stored for the purpose of sale or storage or for use in public or contract carrier service. The term “person” when used in this act shall be construed to mean any person, firm, association, partnership, corporation, lessee, trustee, receiver, or company engaged in or intending to engage in the operation of any motor vehicle in any of the carrier service hereinbefore defined.

      (h) The term “public highway” when used in this act shall mean every public street, road, highway, or thoroughfare of any kind used by the public, but shall not include that portion of highways under construction or reconstruction, nor any highway constructed by private individuals for the use of a private enterprise, although the same may be used occasionally by persons other than the individuals constructing such highway or who use the same in furtherance of a private enterprise; provided, no public funds are used in the maintenance of such highway in any amount whatsoever.

that portion of highways under construction or reconstruction, nor any highway constructed by private individuals for the use of a private enterprise, although the same may be used occasionally by persons other than the individuals constructing such highway or who use the same in furtherance of a private enterprise; provided, no public funds are used in the maintenance of such highway in any amount whatsoever.

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

      Section 3.  None of the provisions of this act shall apply to any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada; nor to city or town draymen and private motor carriers of property operating within a five-mile radius of the limits of a city or town; nor to the transportation of livestock and/or farm products to market by the producer thereof, or such producer’s employee, or merchandise and/or supplies for his own use in this own motor vehicle; nor to the transportation of children to and from school, and the transportation of passengers in chartered motor vehicles on educational or sight-seeing tours; provided, however, only two such trips shall be allowed any one person during any calendar year; nor to the transportation of highway contractor’s own equipment in his own motor vehicle from job to job wholly within the confines of this state; nor to the transportation of ore or minerals or mining supplies in the producer’s own vehicle; provided, however, only one motor vehicle with an unladened weight of not exceeding 5,000 pounds shall be exempted for the transportation of ore or minerals or mining supplies; nor to any person engaged in transporting his own personal property in his own motor vehicle of an unladened weight of not to exceed 5,000 pounds; provided, any such person shall not transport his own goods, wares and merchandise, other than livestock or farm produce, for the purpose of sale or resale without first securing the license in this act provided, and paying a license fee therefor of $25, which said fee shall be the only license fee required of such person notwithstanding any other provision of this act to the contrary; provided further, only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption; and provided further, nothing in this particular clause shall be construed as applying to tractor-trucks, trailer, or semitrailers, but shall be deemed to apply to motor trucks.

      Sec. 4.  Section 7 of the above-entitled act is hereby amended to read as follows:

      Section 7.  It shall be unlawful for any common motor carrier of property and/or of passengers to operate as a carrier of intrastate commerce within this state without first having obtained from the public service commission a certificate of convenience and necessity.

Exceptions to provisions of act

Common motor carrier must obtain certificate of convenience

Powers of commission

Applicant must first pay license fee

Must furnish commission with information

Further powers of commission

carrier of intrastate commerce within this state without first having obtained from the public service commission a certificate of convenience and necessity. The public service commission, upon the filing of an application for such certificate, shall fix a time and place for hearing thereon, and shall proceed in the matter according to the provisions of the laws of this state made applicable thereto; provided, however, before granting a certificate of convenience and necessity to such applicant the commission shall take into consideration other existing transportation facilities in the territory for which a certificate is sought. It shall also take into consideration the public necessity and convenience to be accorded by the service and rates offered by such applicant or applicants; provided further, that the commission, in its discretion, may dispense with the hearing on the application if, upon expiration of the time fixed in the notice thereof, no protest against the granting of the certificate has been filed by or in behalf of any interested person; and provided further, that no such certificate of convenience and necessity shall be issued to the applicant unless and until the applicant shall have paid to the said commission all license fees then and there due as hereinafter provided.

      Sec. 5.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  It shall be unlawful for any common motor carrier of property and/or of passengers to operate as a common carrier of interstate commerce within this state, without first having furnished the public service commission in writing full information concerning: (a) The ownership, financial condition and equipment to be used; (b) the complete route over which the applicant desires to operate; (c) the proposed rates, schedule or schedules and/or time cards of the carrier; (d) such other information as the commission may request covering observance of state police regulations and payment of fees. Upon receipt of such information, and of the license fees, the said commission shall issue such interstate common carrier of property and/or of passengers a license.

      Sec. 6.  Section 10 of the above-entitled act is hereby amended to read as follows:

      Section 10.  The public service commission of Nevada is hereby vested with the power and authority and it shall be its duty to license and supervise for license purposes all “contract motor carriers of property and/or of passengers” and all “private motor carriers of property” within the State of Nevada either in interstate or intrastate commerce; provided, the public service commission may regulate and fix the minimum carrying charges of all such intrastate contract motor carriers, and conduct hearings, make and enter necessary orders and enforce the same with respect thereto in the same manner and form as is now or may hereafter be provided by law for the regulation of the rates and charges of common motor carriers.

contract motor carriers, and conduct hearings, make and enter necessary orders and enforce the same with respect thereto in the same manner and form as is now or may hereafter be provided by law for the regulation of the rates and charges of common motor carriers.

      Sec. 7.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  It shall be unlawful for any “contract motor carrier of property and/or of passengers” or “private motor carrier of property” to operate as a carrier of property or passengers within the state either in intrastate commerce or in interstate commerce without first having obtained from the public service commission a license therefor. An application shall be made to the public service commission in writing stating the ownership, financial condition, equipment to be used and such other information as the commission may request. Upon request of such information, and of the license fees, said commission shall issue a license to such applicant.

      Sec. 8.  Section 13 of the above-entitled act is hereby amended to read as follows:

      Section 13.  All motor carriers coming within the terms of this act, except such carriers and/or person mentioned in section 3 of this act, to whom shall have been issued the certificate and/or licenses provided by this act, may transfer or assign such certificates and/or licenses to another qualified under this act, but no such transfer and/or assignment shall be valid for any purpose unless and until application for permit to make such transfer shall be made to the public service commission by the transferor, accompanied by an application of the transferee to be substituted for said transferor of said certificates and/or licenses subject of such transfer. The commission, in its discretion, may direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner with other hearings before the commission. If the commission shall determine that a transfer and/or assignment of any certificate and/or license, permitted herein to be transferred or assigned, will not operate to defeat the purposes of this act and/or deny to the State of Nevada reasonable compensation for the use of its highways as in this act provided, the commission shall order such transfer to be made when it is satisfied that the purposes of this act will not be defeated by the transfer of the certificate and/or license; provided, no transfer shall be valid beyond the life of the certificate and/or license transferred; provided, however, the commission may, under such rules and regulations it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof in cases where a vehicle is discarded and/or removed from service on the public highways; provided, new license plates be secured from the commission and a fee of two ($2) dollars be paid for each set of plates so secured.

License to issue, when

Certificates may be assigned or transferred

Operators to report all accidents

Full report, when

Schedule of fees

where a vehicle is discarded and/or removed from service on the public highways; provided, new license plates be secured from the commission and a fee of two ($2) dollars be paid for each set of plates so secured.

      Sec. 9.  Section 16 of the above-entitled act is hereby amended to read as follows:

      Section 16.  It shall be the duty of every person operating any motor vehicle carrier, as hereinbefore defined, to forthwith report each and every accident occurring on the public highway, wherein such motor vehicle may have injured the person or property of some person other than the person or persons or property carried by such motor carrier vehicle, to the sheriff or other peace officer of the county where such accident occurred; provided, that in any such accident any human being is fatally injured or killed, the person in charge of such motor carrier vehicle shall furnish to the public service commission a full report thereof within the time and in the form required by such commission.

      Sec. 10.  Section 18 of the above-entitled act 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 of 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, exclusive of the driver, as rated by the manufacturer thereof; provided, 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 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 passengers and light express up to five hundred (500) pounds, weighing upon to 18,000 pounds unladened, a fee of one and 50/100 ($1.50) dollars per hundred pounds or major faction thereof; all motor vehicles weighing over 18,001 pounds unladened a fee of two and 50/100 ($2.50) dollars per hundred pounds; 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 as 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.

except motorcycles with side cars attached and motor vehicles used exclusively in the carrying of passengers, or passengers and light express up to five hundred (500) pounds, weighing upon to 18,000 pounds unladened, a fee of one and 50/100 ($1.50) dollars per hundred pounds or major faction thereof; all motor vehicles weighing over 18,001 pounds unladened a fee of two and 50/100 ($2.50) dollars per hundred pounds; 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 as 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.

      (3) “Motor convoy carrier,” as hereinbefore defined, shall be licensed and the fee therefor shall be as follows: For every motor vehicle towed or carrier and every unlicensed motor vehicle used as motive power in such towing, and every motor vehicle otherwise moved or used, constituting a part of any caravan under any motor convoy carrier, a flat fee of seven ($7.50) dollars and fifty cents shall be paid by the person or persons engaged in such motor convoy carriage, for which said fee the public service commission shall issue for each motor vehicle towed or carried, and for each unlicensed motor vehicle used as motive power in such towing, a distinctive certificate, effective for a ten-day period only from date of issuance, to the effect that such motor vehicle may be towed or carried or used as motive power for towing over the public highways of the state from the point of entry into the state, or point of origin of such carriage in the state, to the destination within the state, or to the point of departure from the state; provided, no such certificate shall be effective for any purpose beyond ten days after the date of issuance thereof, and shall not be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever.

Schedule of fees

Motor vehicles to be weighed annually

“Motor convoy carrier”

One half of license on and after July 1

Commission to employ inspectors; compensation, etc.

Appropriation

In effect

vehicle whatsoever. No unladened weight license fee to be assessed on “motor convoy carrier,” nor shall any license plates be issued to any such carrier.

      (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.

      Sec. 11.  Section 22 of the above-entitled act is hereby amended to read as follows:

      Section 22.  The public service commission of Nevada is authorized to employ one chief official inspector and an assistant inspector to administer this act, and such other duties as may be assigned to them by said commission; and one clerk for the purpose of expediting the administration of this act. The salary of the chief inspector shall be $2,400 per annum, of the assistant inspector $2,100 per annum, and the clerk $1,500 per annum, all salaries payable monthly in the same manner as state officers are paid; and said commission shall purchase an additional automobile for the use of the assistant inspector at a cost of not to exceed $1,000, and make provision for the maintenance of inspectors’ automobiles, including replacement thereof, at an annual cost of not to exceed $800 per annum; and $4,800 per annum to cover actual living and traveling expenses of the inspectors while absent from their homes, including the operating cost of the automobiles; and $500 per annum to cover expenses incidental to the administration of this act such as postage, bond premiums, telephone and telegraph, and stationery, all of which claims shall be paid in the same manner and at the same rate as other like claims against the state.

      Sec. 12.  Section 24 of the above-entitled act is hereby amended to read as follows:

      Section 24.  For the purpose of carrying out the provisions of this act and paying the salary and expenses provided in section 22, there is hereby appropriated out of the state highway fund for the balance of the biennium ending June 30, 1935, the sum of three thousand (3,000) dollars; and for the biennium beginning July 1, 1935, the sum of twenty-four thousand two hundred ($24,200) dollars to be paid out under the direction of the public service commission of Nevada and allowed as other claims against the state.

      Sec. 13.  This act shall become effective from and after its passage and approval.

[Senate Bill No. 22–Committee on Mines and Mining]

Chap. 127–An Act establishing a bureau of mines of the State of Nevada; providing for its control and management; the appointment of a director, and fixing his qualifications; defining the objects, duties and purposes of said bureau of mines, and providing for an annual appropriation for the support and maintenance thereof.

[Approved March 28, 1935]

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

Assembly, do enact as follows:

      Section 1.  There is hereby established a bureau of mines of the State of Nevada, which shall be under the direction of the board of regents of the University of Nevada, who shall serve without compensation, but who shall be reimbursed for the actual expenses incurred in the performance of their official duties. The said board shall appoint as director a competent mining engineer to be known as the director of the bureau of mines, and upon his nomination such assistants and employees as the said board shall deem necessary. Said board may also determine the compensation of all persons employed by the bureau of mines, and may remove them at will.

      Sec. 2.  Said bureau of mines shall have for its objects:

      (1) To, by questionnaire or otherwise, conduct a thorough mineral survey of the state, and to catalog each and every mineral deposit survey of the state and occurrence, both metallic and nonmetallic, of whatsoever nature, together with its location and name and address of discoverer, owner, or agent; to make analysis of same; to determine its constituent parts, only, for the prospector or owner when so requested, and to serve as a bureau of information and exchange on Nevada mining.

      (2) The collection of a library of bibliography of all literature pertaining to Nevada mining and geology.

      (3) The collection of typical geological and mineralogical specimens; provided, however, that collections of geological and mineralogical specimens may be maintained and displayed elsewhere within or without the state.

      (4) The education of the miner and prospector through lectures and publications.

      (5) The collection of models, drawings and descriptions of appliances used in mining and metallurgical work.

      (6) The consideration of such other kindred scientific and economic questions as in the judgment of the board shall be deemed of value to the people of the state.

      Sec. 3.  It shall be the duty of all departments of the state government and its various schools of mines to render full cooperation to the bureau of mines in the acquisition and compilation of all such data.

Bureau of mines established

Objects of bureau

State departments to aid

Certain acts illegal

To prepare annual report

Disposition of reports

Appropriation, $10,000 annually

Repeal

In effect

state government and its various schools of mines to render full cooperation to the bureau of mines in the acquisition and compilation of all such data.

      Sec. 4.  It shall be illegal for the director or any attache of the bureau of mines to receive a commission or to act as agent or broker of, or for any purchaser, owner, or his or their agents of a mining property, or to act in any other than a wholly impartial way while so employed.

      Sec. 5.  The board shall cause to be prepared an annual report showing the progress and condition of the bureau, together with such other information as they may deem necessary or useful, or as the board may require.

      Sec. 6.  The regular and special reports of the bureau of mines shall be printed as the board may direct, and the reports may be distributed or sold by the board as the interest of the state or science may demand, and all moneys obtained by the sale of said reports shall be paid into the state treasury.

      Sec. 7.  The sum of ten thousand ($10,000) dollars annually for two (2) years, or as much thereof as may be necessary, is hereby appropriated out of any funds in the treasury not otherwise appropriated for the purpose of carrying out the provisions of this act.

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

      Sec. 9.  This act shall become effective from and after its passage and approval.

[Senate Bill No. 44–Senator Getchell]

Chap. 128–An Act to amend an act entitled “An act providing a general corporation law,” approved March 21, 1925, by adding to said act five new sections immediately following section 44 of said act, which is section 1643 N. C. L. 1929.

[Approved March 28, 1935]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby amended by adding thereto five new sections, to be known as sections 44a, 44b, 44c, 44d, and 44e, immediately following section 44 of said act, which is section 1643 N. C. L. 1929, reading as follows:

      Section 44a.  Any domestic stock corporation or any foreign stock corporation authorized to do business in this state owning all the stock of any other domestic stock corporation organized for, or engaged in business similar or incidental to that of the possessor corporation, and any domestic stock corporation owning all the stock of any foreign stock corporation authorized to do business in this state and organized for, or engaged in business similar or incidental to that of the possessor corporation, may file in the office of the secretary of state a certificate of such ownership, in its name and under its corporate seal, signed by its president or a vice president and its secretary or treasurer, and setting forth a copy of the resolution of its board of directors to merge such other corporation, and to assume all of its obligations, and the date of the adoption thereof.

owning all the stock of any other domestic stock corporation organized for, or engaged in business similar or incidental to that of the possessor corporation, and any domestic stock corporation owning all the stock of any foreign stock corporation authorized to do business in this state and organized for, or engaged in business similar or incidental to that of the possessor corporation, may file in the office of the secretary of state a certificate of such ownership, in its name and under its corporate seal, signed by its president or a vice president and its secretary or treasurer, and setting forth a copy of the resolution of its board of directors to merge such other corporation, and to assume all of its obligations, and the date of the adoption thereof. Thereupon all of the estate, property, rights, privileges and franchises of such other corporation, shall vest in and be held and enjoyed by such possessor corporation as fully and entirely and without change or diminution as the same were before held and enjoyed by such other corporation, and be managed and controlled by such possessor corporation, and, except as provided in section 44c hereof, in its name, but subject to all liabilities and obligations of such other corporation and the rights of all creditors thereof. The possessor corporation shall not thereby acquire power to engage in any business or to exercise any right, privilege or franchise of a kind which it could not lawfully engage in or exercise under the provisions of the law by or pursuant to which such possessor corporation is organized.

      Section 44b.  The possessor corporation shall be deemed to have assumed all the liabilities and obligations of the merged corporation and shall be liable in the same manner as if it had itself incurred such liabilities and obligations.

      Section 44c.  If the possessor is a domestic corporation it may relinquish its corporate name and assume in place thereof the name of the merged corporation by including a provision to that effect in the resolution of merger adopted by the directors and set forth in the certificate of ownership, and upon the filing of such certificate the change of name shall be complete with the same force and effect and subject to the same conditions and the consequences as if such change had been accomplished by proceedings under the general corporation law. No corporation shall change its name under this section unless the name assumed contains some word or abbreviation clearly indicating that it is a corporation.

      Section 44d.  Any bridge corporation may be merged under this section with any railroad corporation which shall have acquired the right by contract to run its cars over the bridge of such bridge corporation.

      Section 44e.  If the possessor corporation is subject to the jurisdiction of the public service commission, the approval of the merger by such commission shall be endorsed on or annexed to the certificate of merger before filing.

Possessor corporation may file certificate in office of secretary of state

Liabilities of possessor corporation

Name of merged corporation may be assumed

Certain corporations may be merged

Public service commission to approve merger, when

In effect

the jurisdiction of the public service commission, the approval of the merger by such commission shall be endorsed on or annexed to the certificate of merger before filing.

      Sec. 2.  This act shall become effective immediately upon its passage and approval.

Title of act amended

Drunkenness ground for removal; misdemeanor

Duties of officers to prosecute

[Senate Substitute for Senate Bill No. 103–Committee on Judiciary]

Chap. 129–An Act to amend the title of and to amend an act entitled “An act to prevent drunkenness in office, fixing the penalty therefor, and providing for the enforcement of the same,” approved February 17, 1887.

[Approved March 28, 1935]

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, approved February 17, 1887, is hereby amended to read: An act to prevent drunkenness or the excessive use of drugs or narcotics in office, fixing the penalty therefor, and providing for the enforcement of the same, and providing certain duties for the attorney-general relative thereto.

      Sec. 2.  Section 1 of the above-entitled act, the same being section 4875 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  Any civil officer in this state who shall, during his term of office, become intoxicated, or under the influence of alcoholic, malt or vinous liquors, or become or be addicted to the use of drugs or narcotics, so that he shall not at all times be in proper condition for the discharge of the duties of his office, shall be deemed guilty of misdemeanor in office, and on conviction thereof shall be fined in any sum not exceeding one thousand dollars or imprisonment not exceeding one year, and shall be subject to removal from office by impeachment, if he be a state officer, and if a county or township officer shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such conviction.

      Sec. 3.  Section 2 of the above-entitled act, the same being section 4876 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 2.  It shall be the duty of the sheriff and his deputies, constable and his deputies, district attorneys and all other peace officers in this state, upon receiving information from any person that the provisions of this act have been violated, to immediately institute proceedings in the proper court against the person thus complained of, and prosecute the same with reasonable diligence to final judgment, and the provisions of this act shall be specially charged to the grand juries of the several counties of the state at each sitting of the district court; provided, that in the event any person shall make and file a complaint under oath charging the district attorney with a violation or violations of the provisions of this act, it shall be the duty of the attorney-general to prosecute such district attorney pursuant to the terms of this act.

proper court against the person thus complained of, and prosecute the same with reasonable diligence to final judgment, and the provisions of this act shall be specially charged to the grand juries of the several counties of the state at each sitting of the district court; provided, that in the event any person shall make and file a complaint under oath charging the district attorney with a violation or violations of the provisions of this act, it shall be the duty of the attorney-general to prosecute such district attorney pursuant to the terms of this act.

      Sec. 4.  This act shall be effective from and after its passage and approval.

In effect

[Senate Bill No. 79–Senator Dressler]

Chap. 130–An Act authorizing Douglas County to issue and sell bonds for the construction and improvement of streets, the improvement of the public park and other matters, all in and for the general public benefit of the unincorporated town of Minden, county of Douglas, State of Nevada; providing for the payment thereof by the levy and collection of taxes and by other means, and other matters relating thereto.

[Approved March 28, 1935]

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

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of the county of Douglas, State of Nevada, acting as a town board for the unincorporated town of Minden in said county, is hereby authorized and empowered to construct and improve streets; to improve the public park, all in and for the general public benefit of said town, and to issue and sell bonds in the sum of twenty thousand ($20,000) dollars, or as much thereof as may be necessary for said purposes or any one or more of said purposes.

      Sec. 2.  Before exercising any power or authority conferred by section 1 of this act, or issuing or selling any of said bonds, the said board, acting as such town board, shall, by resolution, declare its intention to proceed under the authority of this act and describe with common certainty the project or projects contemplated and the approximate cost thereof, and the total cost not exceeding twenty thousand ($20,000) dollars, and describe the total amount of bonds proposed to be issued and the maximum rate of interest such bonds shall bear on the par value thereof. The resolution shall be filed with the clerk of said board, and if thereupon or thereafter a petition or petitions shall be filed with said clerk signed by a majority of the qualified electors of said unincorporated town of Minden in favor of said project or projects and the issuance of said bonds, the said board shall be and in that event it is hereby authorized and empowered to proceed under this act and to issue bonds and do all other things authorized by this act.

$20,000 bond issue for improvements

County commissioners to pass resolution declaring intention

Majority of electors must approve resolution

County commissioners to negotiate sale of bonds

Denomination of bonds

Rate of interest

filed with said clerk signed by a majority of the qualified electors of said unincorporated town of Minden in favor of said project or projects and the issuance of said bonds, the said board shall be and in that event it is hereby authorized and empowered to proceed under this act and to issue bonds and do all other things authorized by this act. “Qualified electors,” as herein used, are those persons whose names appear at such time upon the voters’ registration list in Minden, and that such list of qualified electors shall be certified to be true and correct by the county clerk of Douglas County, Nevada, and it shall be sufficient evidence for use by said board in testing the petition and petitions mentioned in this act. No vote of electors shall be required on the question of the issuance of the bonds contemplated by this act or on any other question herein contemplated.

      Sec. 3.  The board of county commissioners of the county of Douglas, State of Nevada, acting as a town board for the unincorporated town of Minden, Douglas County, Nevada, is hereby authorized and empowered to prepare, issue and sell negotiable coupon bonds of the town of Minden in said county to the amount of twenty thousand ($20,000) dollars, exclusive of interest, or so much thereof as may be necessary for the purposes set forth in this act. Said bonds shall be known as “Town of Minden Public Improvement Bonds” and the proceeds from the sale thereof shall be used for the following purposes or any one or more of them in the discretion of said board, to wit: In the construction and improvement of streets, and the improvement of the public park, all in and for the general public benefit of the town of Minden.

      Sec. 4.  Said bonds shall be prepared in denominations of one thousand dollars each and shall be serial in form and maturity and numbered from one upwards consecutively. They shall be made payable in lawful money of the United States and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of the interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the chairman of the board of county commissioners acting as a town board and by the clerk of said board, countersigned by the county treasurer 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 five per centum per annum, payable semiannually on the first day of January and the first day of July of each year. They shall be redeemed and retired consecutively in the order of their issuance annually; provided, the various annual maturities shall commence not later than the third year after the date of issue of such bonds, and all such bonds shall be redeemed in installments as fixed and determined by said board at the time of issuance; and provided further, that the said bonds and each of them shall mature and be redeemed at a time not later than twenty years from the date of issue.

maturities shall commence not later than the third year after the date of issue of such bonds, and all such bonds shall be redeemed in installments as fixed and determined by said board at the time of issuance; and provided further, that the said bonds and each of them shall mature and be redeemed at a time not later than twenty years from the date of issue. Subject to the foregoing, said board shall fix the various maturities of the bonds issued.

      Sec. 5.  The said bonds may be issued on the same or different dates. The said board is authorized to issue and negotiate the sale of said bonds from time to time as the said board may deem necessary, to the highest responsible bidders for cash, at a price not less than their par value and accrued interest or at private sale at not less than their par value and accrued interest. The proceeds of such sales shall be placed in a fund to be known as the “Minden Town Bond Fund,” which shall be used only for the purpose of carrying out the provisions of this act. Payments from said fund shall be made only on warrants drawn on the county treasurer and in the payment of obligations contracted under the provisions of this act.

      Sec. 6.  To provide for the payment of the principal and interest on said bonds as the same may become due and payable, the board of county commissioners of Douglas County 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 said town of Minden, until such bonds and the interest thereon shall have been fully paid, sufficient to provide for the payment of the interest on said bonds and to pay and retire, beginning with bond number one and consecutively thereafter, the bonds falling due in each year, 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 “Minden Town Bond Interest and Redemption Fund.” Said bonds and the interest shall be paid from this fund. Said bonds and the interest thereon shall be a lien upon all the property subject to taxation within said town of Minden.

      Sec. 7.  It is further hereby provided and authorized that sufficient available moneys as collected for service from the water users of the town water system of the town of Minden may be transferred from time to time and deposited in the Minden town bond interest and redemption fund as additional revenue for the payment of said bonds and interest. If at any time there are sufficient available funds in said Minden town bond interest and redemption fund to legally care for said obligations of the current year, in full or in part, the board of county commissioners shall omit or reduce correspondingly the said tax rate for that year.

“Minden Town Bond Fund”

Tax levy to pay interest and redeem bonds

Certain funds may be transferred

Tax rate may be reduced

Interest to cease, when

Treasurer to redeem and cancel bonds

Legality of bonds not open to contest

Faith of state pledged

Act expires March 30, 1937

Repeal

In effect

or in part, the board of county commissioners shall omit or reduce correspondingly the said tax rate for that year.

      Sec. 8.  No interest shall be allowed or paid on any of the said bonds after they have become due and payable. Any balance remaining in any fund hereby created and provided for, after the accomplishment of the said purposes, shall be converted and transferred into and become a part of the general fund of the town of Minden.

      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 “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. 10.  When the said bonds and coupons shall have been issued and executed as herein provided, their legality shall not be open to contest by said town or by any person or corporation for or on its behalf, or for any reason whatsoever.

      Sec. 11.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation thereby imposed be omitted until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified.

      Sec. 12.  The board of county commissioners of Douglas County, acting as a town board for the town of Minden, or otherwise, shall have no authority or power whatever to issue any bonds under or by virtue of this act after March 30, 1937.

      Sec. 13.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 14.  This act shall be in full force and effect on its passage and approval.

[Senate Bill No. 89–Senator Foy]

Chap. 131–An Act to amend, revise and reenact the title of and to amend, revise and reenact an act entitled “An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,” approved March 20, 1933, and to repeal all acts and parts of acts in conflict therewith.

[Approved March 28, 1935]

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

Assembly, do enact as follows:

      Section 1.  The title of an act entitled “An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,” approved March 20, 1933, is hereby amended, revised and reenacted so as to read as follows:

      An act to provide against losses to the state and its respective counties, townships, and incorporated cities through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and to repeal all acts and parts of acts in conflict therewith.

      Sec. 2.  An act entitled “An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,” approved March 20, 1933, is hereby amended, revised, and reenacted to read as follows, to wit:

      Section 1.  Creation of Bond Trust Fund.  There is hereby created a fund to be known as the bond trust fund. The purpose of this fund is to assure the State of Nevada and the several counties, townships, and incorporated cities thereof against loss through defalcation, misappropriation of public funds or other wrongful acts of state or county officials, or officials of townships or incorporated cities in the State of Nevada, whose official duties have to do with the handling of public funds and who are required by law to furnish personal or surety bonds.

Title of act reenacted

Creation of bond trust fund

State board of finance charged with administration of fund

State, county, townships, and cities to apply to board for surety

Premiums to be paid by state, county or incorporated cities

State treasurer to keep special fund

of public funds and who are required by law to furnish personal or surety bonds.

      Section 2.  State Board of Finance Charged with Administration of Fund.  The state board of finance shall be charged with the administration of the bond trust fund, and shall have full power to invest any money in or belonging to said fund in bonds or treasury certificates of the United States, state bonds, or bonds of the counties or any incorporated municipality of the State of Nevada. The board shall also have power and authority to sell any bonds belonging to said fund as occasion may require. All premiums hereinafter mentioned, together with all interest derived from investments, profits from exchange of bonds or resulting from any action of the board contemplated by this act, shall become and remain a part of said fund until it shall have reached the sum of five hundred thousand dollars. When bonds and/or money in this fund shall have reached the value of five hundred thousand dollars, all interest and profits from same shall be distributed semiannually to the state general fund.

      Section 3.  State, County, Townships, and Cities to Apply to Board for Surety.  Every state, county, and township official and officials of incorporated cities in the State of Nevada, required by law in his official capacity to furnish surety bond, shall apply to the state board of examiners for surety. If, upon investigation, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the said board shall issue to him a surety bond patterned according to instruments of this nature and to meet the provisions of this act. This bond shall have full force and effect as a surety and shall serve all purposes of bonds required by statutes from state or county officials or officials of incorporated cities or townships in the State of Nevada.

      Section 4.  Premiums To Be Paid by State, County or Incorporated Cities.  In the case of county and township officials each county shall pay from the county general fund into the state treasury, at the rate of five dollars per thousand annually, premiums on all such surety bonds issued to its officials. In the case of city officials each city shall pay from the city general fund into the state treasury, at the rate of five dollars per thousand annually, premiums on all such surety bonds issued to its officials. In the case of state officials, the state shall pay, from the state general fund, into the state treasury, at the rate of five dollars per thousand annually, premiums on surety bonds issued to its officials.

      Section 5.  State Treasurer to Keep Special Fund.  The state treasurer shall keep a special fund of moneys and bonds received through the provisions of this act, to be known as the bond trust fund, and shall report in writing at least twice a year to the state board of finance the condition of said fund.

the bond trust fund, and shall report in writing at least twice a year to the state board of finance the condition of said fund. Whenever there is sufficient money in said fund for investment, the said board shall proceed to invest the same as herein provided.

      Section 6.  Faith of State Pledged.  The faith of the state is pledged to the provisions of all surety bonds which may be issued or undertaken under this act, and in cases of loss to the state, county or incorporated city, under circumstances to which its surety bonds are conditioned, the state is charged with the responsibility of making restitution to any funds suffering loss up to the full amount specified in the surety bond.

      Section 7.  In Cases of Loss to State, County or Incorporated Cities, Attorney-General, District Attorney or City Attorney to Report to Board.  Losses to counties which might occur from defalcation, misappropriation or other wrongful act on the part of a county or township official, shall be reported by the district attorney of that county to the state board of examiners. Losses to cities which might occur from defalcation, misappropriation or other wrongful act on the part of a city official, shall be reported by the city attorney of that city to the state board of examiners. In the case of the state, any losses shall be reported to said board by the attorney-general. In each case the state board of examiners shall require the state auditor to make a full investigation and render a written report, and if from such report the state board of examiners determines that the loss comes under the conditions of the surety bond, the board shall order that restitution be made in the following manner, to wit: If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on that fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay such warrant. In case there are insufficient funds in the bond trust fund to cover the loss, then the state controller shall draw a warrant for the full amount in that fund for the purpose of making restitution in part, and he shall report the condition of the fund to the governor, who shall take the necessary steps to have it included in the budget, and report to the next succeeding legislature. When the balance is thus secured the restitution shall be completed.

      Section 8.  Surety Bonds Not to Apply to Losses Resulting from Acts of God, Nature, Fire, Holdup, Etc.  Surety bonds issued under the provisions of this act shall be understood to be conditioned to faithful performance of duty, and to assurance against losses through misappropriation or defalcation in breach of trust or misconduct. But they shall not apply to losses resulting from acts of God or nature, fire, burglary, holdup, or other cause over which the person bonded exercised no control or influence, was free from participation therein, and provided he exercised reasonable diligence in safeguarding the funds and securities committed to his care.

Faith of state pledged

In cases of loss to state, county or incorporated cities, attorney-general, district attorney or city attorney to report to board

Surety bonds not to apply to losses resulting from acts of God, nature, fire, holdup, etc.

State board of examiners to keep record

Officials responsible for loss of funds committed to their care; civilly liable

State board of examiners may revoke bonds of officials, when

not apply to losses resulting from acts of God or nature, fire, burglary, holdup, or other cause over which the person bonded exercised no control or influence, was free from participation therein, and provided he exercised reasonable diligence in safeguarding the funds and securities committed to his care.

      Section 9.  State Board of Examiners to Keep Record.  The state board of examiners shall keep an accurate record of all surety bonds issued, and cause them to be filed with the county clerks of the respective counties of county and township officials, and with the city clerk of the respective cities of city officials, and with the secretary of state for state officials, together with a complete financial statement of applicant. These statements shall be filed by officials when application is made for surety, and shall be renewed on or about the first day of January of each year.

      Section 10.  Officials Responsible for Loss of Funds Committed to Their Care; Civilly Liable.  If any official shall default, misappropriate, or otherwise be responsible for loss of funds committed to his care, he shall be civilly liable for the amount thereof in an action to be prosecuted by the district attorneys in cases of county and township officials, and by the city attorney in cases of city officials, and by the attorney-general in cases of state officials, and the state, county or city, as the case may be, shall have a lien on all real or personal property, not exempt from execution, of any such official against whom such an action shall be brought for default, misappropriation or other violation of the conditions of his surety bond given under the provisions of this act, and such lien shall become effective upon the execution of such surety bonds by said state, county, township, and city officials, and shall take precedence over any other unrecorded lien or encumbrance. Upon judgment being entered in favor of the state, county or incorporated city, all property owned, either legally or equitably, by the state, county, township, or city official violating any condition of such bonds, not exempt from execution, or so much thereof as may be necessary to cover the amount of the judgment entered, may be sold, as in cases of execution, and the proceeds applied to payment of the judgment rendered to cover the shortage, and if there be insufficient of such property, or the judgment, or any part of it, remains unsatisfied, then deficiency judgment may be entered by the court.

      Section 11.  State Board of Examiners May Revoke Bonds of Officials, When.  The state board of examiners may revoke the surety bond of any official if, after due investigation, such official is found to be addicted to excessive drinking of intoxicants or to the use of narcotics. The surety bonds may also be revoked on the conviction of any official for gross misdemeanor or any more serious crime.

may also be revoked on the conviction of any official for gross misdemeanor or any more serious crime. They may also be revoked for legally established insanity. Any official whose bond may have been revoked shall not again be granted a surety bond under the provisions of this act, unless it shall have been established in a court of competent jurisdiction that he was wrongfully and unjustly deprived of his surety bond by the state board of examiners.

      Section 12.  Bond Trust Fund To Be Segregated from All Other Funds.  The bond trust fund shall be segregated from any and all other state funds, and shall be administered and used only as herein provided, and the state shall in no way be held responsible or liable for any illegal or wrongful act of an official except as provided in this act.

      Section 13.  Repeal.  All acts and/or parts of acts in conflict with the provisions of this act are hereby repealed.

      Section 14.  This act shall take effect on and after its passage and approval.

Bond Trust fund to be segregated from all other funds

Repeal

In effect

[Senate Bill No. 107–Senator Cobb]

Chap. 132–An Act to amend section 5 of an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts and other governmental agencies,” approved March 22, 1917.

[Approved March 28, 1935]

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

Assembly, do enact as follows:

      Section 1.  Section 5 of the above-entitled act, being section 3014 of N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  In case of great necessity or emergency, the board of county commissioners, by unanimous vote, by resolution reciting the character and nature of necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution by the board of county commissioners they shall publish notice of their intention to act thereon in the official newspaper of the county for at least two publications at least one week apart, and no vote may be taken upon such emergency resolution until 15 days after the first publication of said notice; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by resolution of the board of county commissioners unanimously adopted without publication of such notice. Upon the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the state board of revenue,

County commissioners may authorize emergency loan

State board of revenue to approve

May transfer moneys from general fund

Emergency tax not levied, when

Repeal

In effect

the unanimous adoption of any emergency resolution a certified copy thereof shall be forwarded to the state board of revenue, hereinafter defined, for its approval, and no such resolution shall be effective until approved by the state board of revenue, and the resolution of said state board of revenue shall be recorded in the minutes of the board of county commissioners; provided, that temporary loans for the support of any lawfully organized county farm bureau may be authorized by a general resolution of the state board of revenue, applicable to all counties, and which general resolution of approval shall be sufficient to be recorded in the minutes of the board of county commissioners as aforesaid; provided further, that when, in the judgment of the county commissioners, the fiscal affairs of the county can be carried on without impairment, and there is sufficient money in the general fund of the county, the board of county commissioners are authorized, after the emergency loan is authorized as provided above, to transfer from the general fund of the county money sufficient to handle said emergency; and provided further, that when such transfer is made the board of county commissioners shall comply with the provisions of section 7 of this act, and when the emergency tax is thereafter collected the amount so collected shall be immediately placed in the general fund of said county; provided, however, in cases where such general fund, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of the general fund in the ordinary course of events, then said emergency tax need not be levied, collected and placed in the general fund, but such transfer shall be deemed refunded for all purposes of this act.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

[Senate Bill No. 119–Senator Winters]

Chap. 133–An Act to provide for the erection of a new building in Carson City, Nevada, to house the materials and research laboratory of the department of highways, provided for the issuance of bonds therefor, and the manner of their sale and redemption, and other matters relating thereto.

[Approved March 28, 1935]

      Whereas, The materials and research laboratory of the department of highways is now located in the basement of the heroes memorial building at Carson City in quarters wholly inadequate as to space and totally unsuited in design for laboratory purposes, and the stock room, blue-print department, bridge department, and filing rooms of the department of highways, together with the filing room of the state engineer, are located in said basement adjacent to the laboratory, and the testing work requires the use of gases and reagents of a highly explosive and inflammable character which, together with paper documents contained in filing rooms and paper stock contained in the stock room and blue-print department, create a very real fire hazard; and

the heroes memorial building at Carson City in quarters wholly inadequate as to space and totally unsuited in design for laboratory purposes, and the stock room, blue-print department, bridge department, and filing rooms of the department of highways, together with the filing room of the state engineer, are located in said basement adjacent to the laboratory, and the testing work requires the use of gases and reagents of a highly explosive and inflammable character which, together with paper documents contained in filing rooms and paper stock contained in the stock room and blue-print department, create a very real fire hazard; and

      Whereas, All other space in the heroes memorial building is taken upon by other departments of the state highway and state engineer, and additional room needed by these departments for expansion and filing documents, and the construction of a new building for the materials and research laboratory will permit the use of the quarters now occupied by the laboratory for each expansion; and

      Whereas, The federal government, through its federal emergency administration of public works department, is ready and willing to grant and advance to the State of Nevada approximately thirty (30) percent of the cost and expense of the material and labor used in the construction of such building to accommodate said materials and research laboratory amounting to approximately nine thousand ($9,000) dollars as a gift or grant to the State of Nevada, and without requiring a refund thereof, as an incident to the furnishing of employment and to encourage its building program, and this is of great advantage to the State of Nevada, and now is the opportune time to take advantage of such benefits; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  Provision is hereby made for the erection and furnishing of a materials and research laboratory building in Carson City, Nevada, near the heroes memorial building, on a site now owned by the State of Nevada; said building shall be designed so as to provide and furnish suitable quarters for the materials and research laboratory.

      The department of highways of the State of Nevada is charged with the duty of carrying out the provisions of this act, and, in the erection of said building, the needs and requirements of the materials and research laboratory of the department of highways, and its officers and employees, shall be kept in mind and provided for.

      Sec. 2.  The cost of said building and construction thereof, together with the heating and lighting systems incident thereto, and of the expense of the transfer of the materials and research laboratory from its present quarters and its installation therein, shall not exceed the sum of thirty thousand ($30,000) dollars, approximately thirty (30) percent of which, to wit, about nine thousand ($9,000) dollars, is to be a grant from the federal government as hereinbefore indicated.

Preamble

Materials and research laboratory provided for

Highway department to execute provisions of act

Cost not to exceed $30,000; federal government to cooperate

Duties of highway department

May reject any and all bids

Progress payments provided for

Contractor to provide bond

thereto, and of the expense of the transfer of the materials and research laboratory from its present quarters and its installation therein, shall not exceed the sum of thirty thousand ($30,000) dollars, approximately thirty (30) percent of which, to wit, about nine thousand ($9,000) dollars, is to be a grant from the federal government as hereinbefore indicated. Said department of highways, on or before the first day of May, 1935, shall employ a competent architect to prepare and submit plans and specifications to said department of highways for the said construction work and heating and lighting systems, and when said plans and specifications are approved by the department of highways, said department of highways shall immediately apply to said federal emergency administration of public works, or the other proper federal agency charged with the authority and duty of advancing such funds, for the grant of the moneys so to be advanced on account of the costs and expenses of the materials and labor for such construction, and advertise for a period of three (3) weeks in some newspapers of general circulation in the State of Nevada, to be selected by said department of highways, for sealed bids for the construction of said building and the heating and lighting systems in accordance with the plans and specifications, which shall be on file at a place and time to be stated in said advertisement subject to inspection. Said department of highways shall let the contract or contracts for the construction of said building and heating plant and lighting plant and the fixtures and equipment thereof to the lowest and best responsible bidder of bidders; provided, that any and all bids may, for sufficient reason, be rejected. In the awarding of contracts preference shall be given in accordance with the requirements of the public works administration of the federal government.

      Sec. 3.  The department of highways shall provide in all contracts for the times and amounts of progress payments on said contracts as the work progresses, such stated portion of moneys earned under said contract as said department of highways shall deem reasonable to protect the state to be held until the completion and acceptance of the work by the department of highways. Good and sufficient bonds to protect the state shall be required from the contractor. All bills for the employment of an architect, and for the construction of said building and of the heating and lighting systems of said building, and of the transfer and installation of said materials and research laboratory, shall be paid out of the state highway fund, upon claims approved by the department of highways, and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.

      Sec. 4.  To provide the necessary funds for the construction of the materials and research laboratory building, the governor, state controller and state treasurer are hereby constituted a commission, and are hereby authorized, directed and empowered to issue bonds of the State of Nevada in the sum of twenty-one thousand ($21,000) dollars to supplement the amount of money so to be granted by the federal government. Said bonds shall be in denominations of one thousand ($1,000) dollars each, payable in legal tender of the United States, and shall be numbered serially, and when retired shall be retired in the order of their issuance. Said bonds shall be signed by the governor and endorsed by the state treasurer and countersigned by the state controller and authenticated by the great seal of the State of Nevada. Said bonds shall bear interest at the rate of not more than four (4) percent per annum, payable semiannually, that is to say, on the first day of January and the first day of July of each year, and shall be paid within twenty (20) years from the date of issuance.

      Sec. 5.  Upon the issuance and execution of said bonds, the same shall be sold and delivered to the state permanent school fund, university ninety-thousand-acre-grant fund, the university seventy-two-section-grant fund, the state insurance fund of the Nevada industrial commission, and any and all other funds that may have moneys available for legal investment, as moneys may be available in the state treasury in said funds, or either or any of them.

      If sufficient money be not available in any or all of such funds, the bonds herein provided for may be sold as needed for the purposes herein stated at public or private sale as said board of commissioners may deem for the best interests of the state. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in the state highway fund. At least one of said bonds of one thousand ($1,000) dollars each shall be redeemed each year commencing on January 1, 1937.

      Sec. 6.  Said bonds shall be redeemed out of the state highway fund provided for by section 9 of an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended.

      Sec. 7.  This act shall take effect from and after the date of its passage and approval.

Bond issue, $21,000

Interest rate not more than 4 percent

Disposition of bonds

May be sold at public or private sale

Redemption of bonds

In effect

Bond or undertaking not required, when

[Senate Bill No. 136–Senator Friedhoff]

Chap. 134–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, by adding a new section thereto to be designated as section 447a.

[Approved March 28, 1935]

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

Assembly, do enact as follows:

      Section 1.  The above-entitled act is hereby amended by adding a new section to be designated as section 447a, to be inserted after the close of paragraph 8936 Nevada Compiled Laws 1929, and to read as follows:

      Section 447a.  In any civil action or proceeding wherein the state, or the people of the state, is a party plaintiff, or any state officer, in his official capacity, or in behalf of the state, or any county, city and county, city or town, or the United States of America, or the Home owners’ loan corporation, a federal corporation, is a party plaintiff, no bond, written undertaking, or security can be required of the state, or the people thereof, or of the United States of America, or the Home owners’ loan corporation, a federal corporation, or any officer thereof, or of any county, city and county, city or town; but on complying with the other provisions of this act the state, or the people thereof, or the United States of America, or the Home owners’ loan corporation, a federal corporation, or any officer thereof acting in his official capacity, have the same rights, remedies and benefits as if the bond, undertaking, or security were given and approved as required by this or any other law of the State of Nevada.

Short title

[Senate Bill No. 140–Senator Friedhoff]

Chap. 135–An Act to provide for the expiditious acquisition of any lands necessary for the furtherance of the public works projects.

[Approved March 28, 1935]

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

Assembly, do enact as follows:

      Section 1.  Short Title.  This act may be referred to as the “Public Works Eminent Domain Law.”

      Sec. 2.  Finding and Declaration of Necessity.  (a) It is hereby declared that widespread unemployment exists throughout the state, making it impossible for many people in the state to support themselves and their families;

throughout the state, making it impossible for many people in the state to support themselves and their families; that these conditions create a public emergency and constitute a menace to the health, safety, morals and welfare of the people of the state; that it is essential that public works projects, financed in whole or in part by the United States of America or by the state, be commenced as soon as possible in order to reduce and relive this unemployment and prevent irreparable injury to the people of the state; that to this end it is necessary to provide a method for the expeditious acquisition of any lands necessary for such public works projects; that such public works projects are hereby declared to be in furtherance of the public welfare and to be public uses and purposes for which money may be spent and private property acquired; and the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

      (b) Without limitation upon the generality of the foregoing paragraph hereof, it is hereby declared that insanitary or unsafe dwelling accommodations exists in various areas of the state and that consequently many persons of low income are forced to reside therein; that these conditions cause an increase in and spread of disease and crime, constitute a menace to the health, safety, morals and welfare of the citizens of the state, impair economic values, and are not being, and cannot within a reasonable time be, corrected by the investment of private capital available for profit-making enterprises; that the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the provision of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which private property may be acquired.

      Sec. 3.  Definitions.  The following terms whenever used or referred to in this act shall have the following respective meanings, unless a different meaning clearly appears from the context:

      (a) “Public works project” shall mean any work or undertaking which is financed in whole or in part by a federal agency, as herein defined, or by a state public body, as herein defined.

      (b) “Federal agency” shall mean the United States of America, the federal emergency administration of public works, or any other agency or instrumentality, corporate or otherwise, of the United States of America.

      (c) “State public body” shall mean this state or any county, city, town, municipal corporation, authority, or any other subdivision, agency, or instrumentality, corporate or otherwise, thereof.

Finding and declaration of necessity

Definitions

Definitions

Filing of petition; jurisdiction of court; entry upon land by petitioner

Form of petition

      (d) “Authorized corporation” shall mean any corporation or association engaged or about to engage in any public works project, as herein defined, for a public use; provided, that the construction of said public works project and its conduct thereafter by the corporation or association shall be subject to regulation or supervision by a federal agency, as herein defined, or a state public body, as herein defined, whether by virtue of an agreement, provision or law or otherwise.

      (e) “Real property” or “property” or “land” shall include all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances, and franchises relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.

      (f) “Court” shall mean the court in which jurisdiction over proceedings hereunder is vested by the provisions of section 4 hereof.

      (g) “Petitioner” shall mean the one by whom proceedings for the acquisition of real property, as herein defined, are instituted hereunder pursuant to the provisions of section 4 hereof.

      Sec. 4.  Filing of Petition-Jurisdiction of Court-Entry Upon Land by Petitioner.  Any federal agency, state public body or authorized corporation may institute proceedings hereunder for the acquisition of any real property necessary for any public works project.

      Such proceedings may be instituted in the district court in any county in which any part of the real property or of the proposed public works project is situate. The court, whether during a term or during a vacation, shall cause said proceedings to be heard and determined without delay. All condemnation proceedings shall be preferred cases, and shall be entitled to precedence over all other civil cases.

      The petitioner may enter upon the land proposed to be acquired for the purpose of making a survey and of posting any notice thereon which is required by this act; provided, that such survey and posting of notice shall be done in such manner as will cause the least possible inconvenience to the owners of the real property.

      Sec. 5.  Form of Petition.  A proceeding may be instituted hereunder by the filing of a petition which shall be sufficient if it sets forth:

      (a) The name of the petitioner.

      (b) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof.

      (c) A statement that the acquisition of such property by the petitioner is necessary for a public works project and a brief general description of said public works project.

      (d) A statement that the proceedings are being instituted under this act.

      (e) A suitable prayer for relief.

      Sec. 6.  Inclusion of Several Parcels.  Any number of parcels of land, whether owned by the same or different persons and whether contiguous or not, may be included and condemned in one proceeding; provided, such parcels are to be used for a single public works project.

      Sec. 7.  Notice of Proceedings.  Notice of such proceedings shall be given by one publication on a newspaper having a general circulation in each county in which any part of the property sought to be condemned is located. Such publication shall be at least twenty days and not more than thirty days prior to the date set for the hearing on the validity of the proceedings. Such notice shall be in substantially the following form (the blanks being appropriately filled):

To Whom It May Concern:

      Notice is hereby given that ................. (here insert name of petitioner) has filed a petition in the above court under the public works eminent domain law to acquire by condemnation for ................. (here give brief general description of the public works project for which the land is sought to be acquired) the following-described land: (Here describe the land sufficiently for the identification thereof. Such description may be by use of a plat or map.)

      Notice is further given that on ................. (here insert date of hearing, which must be at least twenty days and not more than thirty days after the date of publication) there will be a hearing in this court, at the opening thereof, for (1) determining the validity of said proceedings and the right of the petitioner, if it so elects, to take title to and possession of such property prior to final judgment, as authorized by section 16 of said public works eminent domain law, and any persons having any interest in or lien upon the above-described property shall be deemed to have waived their rights thereafter to object to the court’s decision with respect to such issues, unless prior to said date they shall have filed in writing with the clerk of said court their objections thereto; (2) the appointment of a special master to determine the compensation to be awarded for such property and the persons entitled thereto; (3) the fixing of the date and place at which said special master shall hear and determine the compensation to be paid for such property and the person entitled thereto.

      Notice is further given that all claims or demands for compensation because of the taking and condemnation of such property must be filed with the above court before .................

Inclusion of several parcels

Notice of proceedings

Form of notice

Notice to be posted

Legal and sufficient notice

Determination of issues raised by the objections filed

Appointment of special master

compensation because of the taking and condemnation of such property must be filed with the above court before ................. (here insert a date fifteen days after the date above specified for the court hearing), or the same shall be deemed waived.

             Dated the ................. day of ................. A. D. .........

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

                                                                                                                Clerk of said court.

      Notice of such proceedings shall also be given (a) by posting a copy of the above notice in conspicuous places on the real property sought to be condemned, (b) by filing a copy thereof in the office of the clerk of the court in which such proceedings are pending, and (c) by filing a copy thereof in the proper office or offices for the filing of lis pendens in each county in which any part of the real property is situated.

      Such publication, posting and filing shall constitute a legal and sufficient notice to all persons having any interest in or lien upon the property described in said notice. The filing of such notice in the aforesaid county office shall also be a constructive notice of the proceeding to any person who subsequently acquires any interest in or lien upon said property, and the petitioner shall take all property condemned under this act free of the claims of any such person.

      Sec. 8.  Determination of Issues Raised by the Objections Filed.  All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed by section 7 hereof, shall be deemed to have waived the right to file objections as to the sufficiency and validity of the petition, the proceedings and the relief sought thereby, and as to the right of the petitioner to take title and possession prior to the final judgment, as authorized by section 16 hereof.

      The court, at the time specified in said notice, after hearing and determining all issues of fact and law raised by the objections which have been filed, if any there be, shall enter a final judgment with respect to such issues, and thereafter there shall remain for determination only the amount of the compensation to be paid and the persons entitled thereto.

      If any infant or other person under a legal disability shall not have appeared in the proceedings by his duly authorized legal representative, the court shall appoint a guardian ad litem to represent such person’s interest in the proceedings before the special master.

      Sec. 9.  Appointment of Special Master.  The court, at the time of said hearing, shall appoint a special master to fix the amount of damages and compensation for the taking and condemnation of the property described in the petition and the persons entitled thereto, and to report thereon to the court. The special master shall be a disinterested person not related to anyone having an interest in or lien upon the property sought to be condemned.

not related to anyone having an interest in or lien upon the property sought to be condemned. The compensation of said special master shall not exceed fifteen dollars ($15) per day plus travel and subsistence expenses.

      The special master immediately after his appointment shall subscribe to an oath that to the best of his ability he will truly find and return the compensation for the taking and condemnation of the property and the persons entitled thereto.

      Sec. 10.  Notice of Hearing by Special Master.  Immediately after his appointment and taking of oath, the special master shall cause notice to be sent by registered mail to all persons who have appeared in the proceedings or to their attorneys of record and to all others having any interest in or lien upon the property sought to be condemned, as shown by the record of the proper county office or offices for the recording of documents pertaining to such real estate, and to all guardians ad litem appointed pursuant to the provisions of section 8 hereof, such notice to be addressed to such persons at their respective last known addresses. Such notice shall be substantially in the following form (with the blanks appropriately filled):

In the District Court for the County of ....................

To Whom It May Concern:

      Notice is hereby given that ................. (here insert name of petitioner) has filed a petition in the above court under the public works eminent domain law to acquire by condemnation for ............. (here give brief general description of the public works project for which the land is sought to be acquired), the following-described land: (Here describe the land sufficiently for the identification thereof. Such description may be by use of plat or map).

      All persons having an interest in or lien upon the above-described property, for which compensation will be demanded, are hereby notified that all claims or demands for compensation by reason of the taking and condemnation of such property shall be filed in writing with said court before................. (here insert date at least fifteen days after the date set for the court hearing in the notice specified in section 7 hereof), and shall be deemed waived unless so filed, and that on.......................a hearing will be held by the special master at................ (insert time and place fixed by the court for such hearing in blanks) with respect to (1) the amount of compensation to be paid for the property sought to be condemned, and (2) the persons entitled to such compensation.             Dated the ................. day of ................., A. D. ..........

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

                                                                            Special master appointed by said court.

      The special master shall also cause a copy of said notice to be posted in conspicuous places on the property sought to be condemned.

Notice of hearing by special master

Form of notice

Notice to be posted

Duties and powers of special master

Evidence admissible before special master

to be posted in conspicuous places on the property sought to be condemned.

      After such notice by mailing and posting, the special master, on the date for hearing specified in the aforesaid notice, shall proceed immediately to hear and determine the question of just compensation for the taking and condemnation of the property and the persons entitled to such compensation. To this end, the special master may issue subpenas, administer oaths to witnesses, and receive evidence and cause same to be recorded.

      Sec. 11.  Evidence Admissible Before Special Master.  For the purpose of determining the value of the land sought to be condemned and fixing just compensation therefor, the following evidence (in addition to other evidence which is relevant, material and competent) shall be relevant, material and competent, and shall be admitted and considered by the special master:

      (a) Evidence that a building or improvement is unsafe or insanitary or a public nuisance, or is in a state of disrepair, and of the cost to correct any such condition, notwithstanding that no action has been taken by local authorities to remedy any such condition.

      (b) Evidence that any state public body, charged with the duty of abating or requiring the correction of nuisances or like conditions or demolishing unsafe or insanitary structures, issued an order directing the abatement or correction of any conditions existing with respect to said building or improvement, or the demolition of said building or improvement, and of the cost which compliance with any such order would entail.

      (c) Evidence of the last assessed valuation of the property for purposes of taxation and of any affidavits or tax returns made by the owner in connection with such assessment which state the value of such property and of any income tax returns of the owner showing sums deducted on account of obsolescence or deprecation of such property.

      (d) Evidence that such buildings and improvements are being used for illegal purposes or are being so overcrowded as to be dangerous or injurious to the health, safety, morals or welfare of the occupants thereof, and the extent to which the rentals therefrom are enhanced by reason of such use.

      (e) Evidence of the price and other terms upon any sale or the rent reserved and other terms of any lease or tenancy relating to such property or to any similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.

      The award of compensation shall not be increased by reason of any increase in the value of the property resulting from the public works project to be placed thereon.

      No allowance shall be made for improvements begun on property after the publication of the notice specified in section 7 hereof, except upon good cause being shown.

      Sec. 12.  Report of Master.  The report of the special master must be filed with the clerk of the court in which said proceeding is pending within thirty days after the date of the taking of the oath, unless further time is granted by the court. The court shall grant additional time for the filing of the report only on a showing that the report cannot, with all due diligence, be prepared within the time fixed.

      Sec. 13.  Notice of Report.  Upon the filing of such report by the special master, the court, without delay, shall fix a date for the hearing of any objections filed thereto. Notice that said report has been filed, that all objections thereto must be filed with the court within ten days after the date of the mailing of such notice, and that the court has fixed a certain date (which shall be stated therein) for the hearing of such objections, shall be given by sending a copy of such notice by registered mail to all persons who have appeared in the proceeding or their attorneys of record at their last known addresses. Upon the expiration of ten days after the mailing of such notice, all objections to the report shall be deemed waived by all persons who have not filed written objections with the court.

      Sec. 14.  Hearing of Objections by the Court.  If no objections are filed to the special master’s report, the court (but only on motion of the petitioner unless title to the property has vested in the petitioner) shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled to such compensation. If any objections are filed to the special master’s report, the court on the date specified in the aforesaid order shall hear and determine such questions of law and fact as are raised by such exceptions and may approve, disapprove or modify the special master’s findings or may reject the special master’s report in toto. In the event the special master’s report is rejected in toto, the court shall at once appoint another special master in the same manner that the first special master was appointed, and such special master shall have the same powers and duties as the special master first appointed, except that notice of the time for filing claims and of the hearing of the special master may be given by registered mail to all persons who have appeared in the proceedings of their attorneys of record at their last known addresses, and no other notice shall be necessary. If the court shall approve the special master’s report, with or without modifications, the court (but only on motion of the petitioner unless title to the property has previously vested in the petitioner) shall enter a final judgment, fixing the compensation to be paid for such property and the persons entitled to such compensation.

Report of master

Notice of report

Hearing of objections by the court

Title and right to vest in petitioner

Certified copy of judgment

Declaration of taking

compensation to be paid for such property and the persons entitled to such compensation.

      If title to said property has not previously been vested in the petitioner, the title and right to possession of said property shall vest in the petitioner immediately upon the entry of such final judgment and upon the deposit in court by the petitioner of the amount of the judgment fixed by the court as the compensation for such property. Upon the entry of such judgment and the vesting of title aforesaid, the court shall designate the day (not exceeding thirty days thereafter, except upon good cause shown) on which the parties in possession of said property shall be required to surrender possession to the petitioner.

      Sec. 15.  Certified Copy of Judgment.  Upon the rendition of the final judgment vesting title in the petitioner, the clerk of the court shall make and certify, under the seal of the court, a copy or copies of such judgment, which shall be filed or recorded in the proper county office or offices for the recording of documents pertaining to the real property described therein, and such filing or recording shall constitute notice to all persons of the contents thereof. A copy of the judgment certified by the clerk of the court as aforesaid shall be competent and admissible evidence in any proceedings at law or in equity.

      Sec. 16.  Declaration of Taking.  At any time at or after the filing of the petition referred to in section 5 hereof, and before the entry of final judgment, the petitioner may file with the clerk of the court a declaration of taking, signed by the duly authorized officer or agent of the petitioner, declaring that all or any part of the property described in said petition is to be taken for the use of the petitioner.

      Said declaration of taking shall be sufficient if it sets forth: (1) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof; (2) a statement of the estate or interest in said property being taken; and (3) a statement of the sum of money estimated by the petitioner to be just compensation for the property taken.

      Upon the filing of said declaration of taking and the deposit in court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration, title to the property specified in said declaration shall vest in the petitioner and said property shall be deemed to be condemned and taken for the use of the petitioner, and the right to just compensation for the same shall vest in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day (not exceeding thirty days after such filing, except upon good cause shown) on which the parties in possession shall be required to surrender possession to the petitioner.

cause shown) on which the parties in possession shall be required to surrender possession to the petitioner. In the event that the petitioner is an authorized corporation, the court, prior to directing surrender of possession to the petitioner, shall require such security to be given, in addition to the amount deposited in court, as will reasonably assure the payment of any amount ultimately determined as the compensation to be paid.

      The ultimate amount of compensation shall be fixed in the manner heretofore specified. If the amount so fixed shall exceed the amount so deposited in court by the petitioner, the court shall enter judgment against the petitioner in the amount of such deficiency, together with interest at the rate of six per centum per annum on such deficiency from the date of the vesting of title to the date of the entry of the final judgment (subject, however, to abatement for use, income, rents or profits derived from such property by the owner thereof subsequent to the vesting of title in the petitioner), and the court shall order the petitioner to deposit the amount of such deficiency in court.

      Sec. 17.  Right to Dismiss.  At any time prior to the vesting of title to the property in the petitioner, the petitioner may withdraw or dismiss its petition with respect to any or all of the property therein described.

      Sec. 18.  Divesting Title of Owner.  Upon vesting of title to any property in the petitioner, all the right, title and interest of all persons having any interest therein or lien thereupon shall be divested immediately, and such persons thereafter shall be entitled only to receive compensation for such property.

      Sec. 19.  Payment of Award into Court and Disbursement Thereof.  The payment into court by the petitioner of the amount of any award or the deposit in court of the amount estimated by the petitioner to be the just compensation for the property taken or condemned, shall be deemed to be a payment or deposit of money for the use of the persons entitled thereto.

      Such payment or deposit shall constitute a payment to the persons entitled thereto to the extent of the moneys so paid or deposited into court.

      Any such payment shall be as valid and effectual in all respects as if it were made by the petitioner directly to the person entitled thereto or, in the case of a person under legal disability, to his guardian, whether or not (a) such person or his whereabouts is known or unknown, (b) such person is under a legal disability, or (c) there are adverse or conflicting claims to such awards.

      The money paid into court shall be secured in such manner as may be directed by the court, and shall be paid out by the special master to the persons found to be entitled thereto by the final judgment of the court.

Declaration of taking

Right to dismiss

Divesting title of owner

Payment of award into court and disbursement thereof

Recovery of award

Appeal

Costs

Powers supplemental

as may be directed by the court, and shall be paid out by the special master to the persons found to be entitled thereto by the final judgment of the court.

      Sec. 20.  Recovery of Award.  If an award shall be paid to a person not entitled thereto, the sole recourse of the person to whom it should have been paid shall be against the person to whom it shall have been paid. In such event the person entitled to the award may sue for and recover the same, with lawful interest and costs of suit, as such money had and received to his use by the person to whom the same shall have been paid.

      Sec. 21.  Appeal.  Any time within thirty days from the filing of any interlocutory or final order or judgment by the court, any person or persons of record in the proceedings, who shall have filed exceptions at any stage of the proceedings within the time and in the manner specified, may appeal therefrom, but only with respect to those questions or issues which were raised by such exceptions.

      The taking of an appeal shall not operate to stay the proceedings under this act except when the person or persons appealing shall have obtained a stay of the execution of the judgment or order appealed from, in which event the proceedings shall be stayed only with respect to the person or persons appealing and their respective interests in the proceedings. Upon the taking of an appeal the proceedings shall be deemed severed as to the person or persons appealing and their respective interests in the proceeding.

      Any interlocutory or final order or judgment shall be final and conclusive upon all persons affected thereby who have not appealed within the time herein prescribed.

      Any petitioner, other than an authorized corporation, may appeal without giving bond; but any other person or persons appealing shall give bond, with good and sufficient surety, to be approved by the court, conditioned to pay all costs taxed against appellant on such appeal.

      Sec. 22.  Costs.  If the petitioner, prior to the making of the award, shall have tendered to an interested person for his property or deposited in court for such property an amount which such interested person refused to accept or agree to as just compensation, all costs shall be assessed against such person in the event that the aforesaid amount tendered or deposited is equal to or in excess of the award fixed or confirmed by the court with respect to such parcel.

      Sec. 23.  Powers Supplemental.  The powers conferred by this act shall be in addition and supplemental to an not in substitution for the power conferred by any other law. The power of eminent domain may be exercised hereunder notwithstanding that any other law may provide for the exercise of said power for like purposes and without regard to the requirements, restrictions or procedural provisions contained in any other law.

notwithstanding that any other law may provide for the exercise of said power for like purposes and without regard to the requirements, restrictions or procedural provisions contained in any other law.

      Procedure hereunder, which is not prescribed herein, shall be that which is otherwise prescribed by the law of the state.

      Sec. 24.  Separability.  If any provision of this act, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of the act, and the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

      Sec. 25.  Emergency Clause.  This act is declared to be an emergency act and shall take effect immediately upon its passage and approval.

Separability

Emergency clause

[Senate Bill No. 151–Senators Robbins, Getchell, Tobin, Sadler, and Carpenter]

Chap. 136–An Act to appropriate the sum of thirteen thousand ($13,000) dollars to be used in payment of the balance of court costs and expenses, as heretofore allowed by court, but remaining unpaid in the Humboldt river water adjudication, and providing for the refund thereof out of taxes to be levied against the property of the water users along the Humboldt river stream system.

[Approved March 28, 1935]

      Whereas, The district court of the Sixth judicial district of the State of Nevada, in and for the county of Humboldt, the Honorable H. W. Edwards presiding, heretofore duly allowed the sum of $23,939.41 to be taxed as court costs and expenses in the Humboldt river water adjudication; and

      Whereas, The state engineer’s “Adjudication Emergency Fund,” created by chapter 136 of the 1929 Statutes of Nevada, out of which these costs and expenses would ordinarily be paid, is now exhausted due to the fact that all of the moneys in said fund have been used as part payment of said costs and expenses; and

      Whereas, There has been advanced from the state engineer’s revolving fund created by 1929 Statutes of Nevada, page 138, the sum of $5,227.98, as part payment of said court costs and expenses which has not, as yet, been repaid to said fund and which should be fully reimbursed; and

      Whereas, There is still due, owing and unpaid as such court costs and expenses so allowed in said Humboldt river water adjudication, a balance or remainder of approximately thirteen thousand ($13,000) dollars for services actually already rendered, and there is no money available for the immediate payment thereof, although the full amount of said costs and expenses so allowed by the court has been duly certified by the state engineer and will soon be levied against the lands of the water users along said stream system, as required by the water law of this state, but cannot be collected in due course for one year or more; and

Preamble

Preamble

Appropriation, $13,000

Disposition of taxes

Duties of controller and treasurer

adjudication, a balance or remainder of approximately thirteen thousand ($13,000) dollars for services actually already rendered, and there is no money available for the immediate payment thereof, although the full amount of said costs and expenses so allowed by the court has been duly certified by the state engineer and will soon be levied against the lands of the water users along said stream system, as required by the water law of this state, but cannot be collected in due course for one year or more; and

      Whereas, It is now necessary to appropriate the said sum of thirteen thousand ($13,000) dollars to pay the balance of said court costs and expenses so allowed, for such services already rendered; now, therefore,

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

Assembly, do enact as follows:

      Section 1.  The sum of thirteen thousand ($13,000) dollars, or so much thereof as may be necessary, is hereby appropriated, out of any moneys now in the state treasury not otherwise appropriated, to be used for the payment of the balance of said court costs and expenses so allowed by the court in the Humboldt river water adjudication.

      Sec. 2.  The moneys derived from the taxes duly certified by the state engineer and which will soon be levied against the lands of the water users along said stream system shall, when collected, be paid into said respective funds as follows:

      (1) The first six thousand ($6,000) dollars of said moneys so collected as such taxes shall be paid into the fund known as the “Adjudication Emergency Fund,” created by chapter 136 of said 1927 Statutes of Nevada, to reimburse said fund in the sum of six thousand ($6,000) dollars for moneys heretofore advanced from such fund as part payment of said court costs and expenses.

      (2) The next $5,227.98 to be derived from said tax levy shall be paid into said state engineer’s revolving fund created by the 1929 Statutes of Nevada, page 138, to reimburse said fund, in said amount, for moneys heretofore advanced from such fund as part payment of said court costs and expenses.

      (3) The balance of said moneys to be derived from said tax levy shall be paid into the state treasury to reimburse the general fund for the said thirteen thousand ($13,000) dollars hereby appropriated, or so much thereof as may have been used, until the same is fully repaid.

      Sec. 3.  The state controller is hereby directed to draw his warrant in favor of the state engineer in the sum of thirteen thousand ($13,000) dollars and the state treasurer is hereby directed to pay the same. The state engineer is hereby directed to use so much of said moneys as may be necessary for the payment of the balance of said court costs and expenses in said Humboldt river water adjudication remaining unpaid and as shown in the cost bill therefor, and to return any balance, if any, not used for this purpose to the state treasurer to revert to the general fund and to apply as repayment, in part, to said general fund of the moneys hereby appropriated.