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κ1905 Statutes of Nevada, Page 17κ
LAWS OF THE STATE OF NEVADA
PASSED AT THE
TWENTY-SECOND SESSION OF THE LEGISLATURE
1905
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Chapter I.An Act to create a Legislative Fund.
[Approved January 19, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of paying the mileage and per diem of members of the present Legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the State Treasurer is hereby authorized and required to set apart from any moneys now in the General Fund, not otherwise specifically appropriated, the sum of forty thousand ($40,000) dollars, which shall constitute the Legislative Fund. Sec. 2. The State Controller is hereby authorized, and required to draw his warrant on said fund, in favor of the members and attaches of the Senate and Assembly, for per diem, mileage, stationery allowances, compensation and incidental expenses of the respective houses, when properly certified to him, in accordance with law, and the State Treasurer is hereby authorized and required to pay the same. Sec. 3. All moneys remaining in said fund, at the adjournment of the Legislature, shall revert to the General Fund. |
State Treasurer required to set apart money.
Controller authorized to draw warrant. |
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Chap. II.An Act to provide for copying the Journal of the Senate for the Twenty-second Session.
[Approved January 20, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and fifty ($150) dollars is hereby appropriated out of the Legislative Fund to be paid to Miss Alice A. Hannan for copying the Journal of the Senate for the Twenty-second Session of the Nevada State Legislature for the State Printer. |
Appropriation for copying Senate Journal. |
κ1905 Statutes of Nevada, Page 18 (CHAPTER 2)κ
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Secretary of State to certify. |
Senate for the Twenty-second Session of the Nevada State Legislature for the State Printer. Sec. 2. Upon a receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Senate for the Twenty-second Session of the Nevada State Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Miss Alice A. Hannan, named in section one of this Act, for the said sum of one hundred and fifty dollars, and the State Treasurer shall pay the same. |
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Appropriation for care of G. A. R. Cemetery.
Board of Examiners to allow claim upon proper proof.
Duties of Controller and Treasurer. |
Chap. III.An Act appropriating two hundred dollars for the watering and care of the Grand Army Cemetery at Carson City, Nevada.
[Approved January 30, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two hundred dollars is hereby appropriated out of any moneys in the General Fund, not otherwise appropriated, for the purpose of watering and caring for the Grand Army Cemetery at Carson City, Nevada. Sec. 2. Annually on the first Monday in September, 1905 and 1906, the State Board of Examiners shall audit and allow the Post Quartermaster of the Grand Army at Carson City, Nevada, the sum of one hundred dollars, upon the filing with said Board of Examiners, by the said Post Quartermaster, of the said claim and a sworn statement that the amount had been expended as provided in Section 1 of this Act. Sec. 3. The State Controller is hereby authorized and required to draw his warrants in favor of said Post Quartermaster for the sums named in this Act, and the State Treasurer is hereby required and authorized to pay the same. |
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Date of removal.
County officers to remove offices. |
Chap. IV.An Act to remove the county seat of Nye County, from the Town of Belmont to the Town of Tonopah.
[Approved February 6, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first day of May, in the year of our Lord, one thousand nine hundred and five, the county seat of Nye county shall be located at the Town of Tonopah, in said county. Sec. 2. It shall be the duty of the officers of said county, who are required by law to keep their offices at the county seat, to remove the same to the said Town of Tonopah one week preceding the first day of May in the year of our Lord one thousand nine hundred and five. |
κ1905 Statutes of Nevada, Page 19 (CHAPTER 4)κ
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week preceding the first day of May in the year of our Lord one thousand nine hundred and five. Sec. 3. The County Commissioners of Nye County shall provide for the removal of the archives and all other movable property belonging to said county, and now located at the Town of Belmont, to the said Town of Tonopah, and shall have power to sell and convey any real or immovable property situated in the Town of Belmont, belonging to said Nye County, and shall pay the proceeds of such sales into the county treasury of said county. Sec. 4. It shall be lawful for the Board of County Commissioners of said Nye County, and it is hereby made their duty, to provide for the use of the various officers such buildings, rooms or offices as are required by law. |
Duties of County Commissioners.
Commissioners to provide offices. |
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Chap. V.An Act to authorize the Attorney-General to employ a stenographic clerk and fixing of compensation.
[Approved February 9, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Attorney-General of Nevada is hereby authorized to employ a stenographic clerk, whose compensation shall be seventy-five dollars per month. Sec. 2. The Controller of State shall, at the end of each month, draw his warrant upon the State Treasury in favor of such clerk for the amount of his compensation then due, and the State Treasurer shall pay the same out of any moneys in the State Treasury not otherwise specially appropriated. Sec. 3. This Act shall take effect immediately. |
Compensation of clerk.
Duties of Controller and Treasurer. |
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Chap. VI.An Act to amend an Act entitled An Act fixing and regulating the salaries of certain officers of Washoe County, Nevada, and the compensation of their deputies, approved March 19, 1901.
[Approved February 9, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of the original Act is hereby amended so as to read as follows: Section three. From and after the passage of this Act the County Recorder shall be allowed one deputy, who shall receive a salary not to exceed the sum of nine hundred dollars per annum. He shall also be allowed one copyist, or assistant, who shall receive a salary not to exceed the sum of six hundred dollars per annum. |
Washoe County Recorder allowed assistants. |
κ1905 Statutes of Nevada, Page 20 (CHAPTER 6)κ
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six hundred dollars per annum. All Acts or parts of Acts in conflict with this Act are hereby repealed. |
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Appropriation to pay claims of Chartz, Judge, and Coffin.
Duties of State Controller and Treasurer. |
Chap. VII.An Act to authorize the payment by the State of Nevada to Alfred Chartz, James R. Judge and Estate of Trenmor Coffin, deceased, for legal services under an express contract.
[Approved February 9, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand, two hundred and fifty dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the purpose of paying Alfred Chartz, James R. Judge, and to Marie Louise Coffin, as administratrix of the estate of Trenmor Coffin, deceased, for said estate, each, the sum of seven hundred and fifty dollars, for legal services rendered under an express contract with the State Board of Revenue, to assist the Attorney-General of the State of Nevada in defending that certain action brought by the Central Pacific Railway Company against A. A. Evans, et al., composing the then State Board of Assessors of the State of Nevada, commenced in June, 1901, in the United States Circuit Court, Ninth Circuit, District of Nevada, in which said action judgment of dismissal was thereafter rendered and entered in said Court. Sec. 2. The State Controller is hereby directed to draw his warrants in favor of said Alfred Chartz, James R. Judge and Marie Louise Coffin, as administratrix of the estate of Trenmor Coffin, deceased, each, for the sum of seven hundred and fifty dollars, and the State Treasurer is hereby directed to pay said warrants. |
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Preamble. |
Chap. VIII.An Act to authorize the School Trustees of School District Number One (1) in the City of Carson, County of Ormsby, Nevada, to sell certain school property within their district, and to purchase real estate to be used for school buildings, and to issue bonds for school purposes, and matters relating thereto.
[Approved February 13, 1905.]
Whereas, The proposition of bonding Carson School District Number One (1) in Ormsby County, Nevada, in the sum of thirty-five thousand dollars ($35,000) for school purposes was on the 23d day of May, 1904, duly submitted to the qualified electors of said district; and Whereas, The vote thereon was in the affirmative at the ratio of more than three (3) to one (1); therefore |
κ1905 Statutes of Nevada, Page 21 (CHAPTER 8)κ
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The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District Number One (1) in the City of Carson, Ormsby County, Nevada, are hereby authorized and empowered to issue bonds on the faith and credit of said district for a sum not exceeding thirty-five thousand dollars ($35,000) in gold coin of the United States, none of which bonds shall run for a period longer than twenty-five years from the date thereof. Sec. 2. Said bonds shall be issued for amounts of one hundred dollars and five hundred dollars in manner and form, as follows: There shall be issued fifty bonds in the amount of one hundred (100) dollars each, in gold coin, to be known and designated as Series One of Carson City School Bond Issue, 1905. Said designation to appear in large conspicuous type upon the face of each bond of the series. Said bonds to be sold at not less than the par [value] thereof and to bear interest at a rate not to exceed five per cent per annum, payable annually. They shall be payable to bearer and coupons calling for each installment of interest shall be attached to each bond. They shall be numbered consecutively from one (1) to fifty (50), and bonds numbered one (1), two (2), three (3), four (4), and five shall be redeemable on the 31st day of December, 1906; six (6), seven (7), eight (8), nine (9), and ten (10), on the 31st day of December, 1907; eleven (11), twelve (12), thirteen (13), fourteen (14), and fifteen (15), on the 31st day of December, 1908; sixteen (16), seventeen (17), eighteen (18), nineteen (19), and twenty (20), on the 31st day of December, 1909; twenty-one (21), twenty-two (22), twenty-three (23), twenty-four (24), and twenty-five (25), on the 31st day of December, 1910, and annually thereafter on the same date five bonds in consecutive order shall be redeemed until all of said bonds, with the interest thereon, shall have been fully paid. Sec. 3. There shall be issued sixty (60) bonds for amounts of five hundred dollars each, in gold coin, to be known and designated as Series Two (2) of Carson City School Bond Issue, 1905, said designation to appear in large conspicuous type upon the face of each bond. Said bonds to be sold at not less than the par thereof and to bear interest at a rate not to exceed five per cent per annum, payable annually. They shall be payable to bearer and coupons calling for each installment of interest shall be attached to each bond. They shall be numbered consecutively from one (1) to sixty (60), and bond numbered one (1) shall be redeemable on the 31st day of December, 1906; bond numbered two (2) on the 31st day of December, 1907; bond numbered three (3) on the 31st day of December, 1908; bond numbered four (4) on the 31st day of December, 1909; bond numbered five (5) on the 31st day of December, 1910. Bonds numbered six (6) and seven (7) shall be redeemable on the 31st day of December, 1911; bonds numbered eight (8) and nine (9) on the 31st day of December, 1912; bonds numbered ten (10) and eleven (11) on the 31st day of December, 1913; bonds numbered twelve (12) and thirteen (13) on the 31st day of December, 1914; bonds numbered fourteen (14) and fifteen (15) on the 31st day of December, 1915; and bonds numbered sixteen (16), seventeen (17) and eighteen (18) shall be redeemable on the 31st day of December, 1916; and annually thereafter, on the same date, three (3) bonds of this series, in consecutive order, shall be redeemed until all of said bonds, with the interest thereon, shall have been fully paid. |
Carson City School Trustees authorized to issue $35,000 bonds.
Denomination of bonds.
Interest not to exceed 5 per cent.
Denomination of bonds.
Mode of redemption. |
κ1905 Statutes of Nevada, Page 22 (CHAPTER 8)κ
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Mode of redemption.
To be signed.
School District No. 1 Building Fund.
Payment of interest.
School District No. 1 Interest and Redemption Fund.
Payment of principal. |
(7) shall be redeemable on the 31st day of December, 1911; bonds numbered eight (8) and nine (9) on the 31st day of December, 1912; bonds numbered ten (10) and eleven (11) on the 31st day of December, 1913; bonds numbered twelve (12) and thirteen (13) on the 31st day of December, 1914; bonds numbered fourteen (14) and fifteen (15) on the 31st day of December, 1915; and bonds numbered sixteen (16), seventeen (17) and eighteen (18) shall be redeemable on the 31st day of December, 1916; and annually thereafter, on the same date, three (3) bonds of this series, in consecutive order, shall be redeemed until all of said bonds, with the interest thereon, shall have been fully paid. Sec. 4. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of the said Board of Trustees, and they shall be countersigned by the County Treasurer of Ormsby County. Sec. 5. All moneys received from the sale of the bonds herein provided for shall be paid into the county treasury, and the County Treasurer of Ormsby County is hereby required to receive and safely keep the same in a fund to be known as School District Number One (1) Building Fund, and to pay out of the said money only on warrants duly signed by the said Board of Trustees and approved by the County Superintendent of Schools of Ormsby County. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands, under the provisions of this Act, and for the faithful discharge of the duties in relation thereto. Sec. 6. For the purpose of providing for the payment of the interest on said bonds, the Board of County Commissioners of Ormsby County are hereby directed and authorized, and shall at the time of the annual levy for taxes of said State and county purposes for the year 1906, and annually thereafter, levy upon the property of said district such a tax as will be required to produce the amount of money necessary to pay the interest annually upon the bonds herein provided for. The taxes so levied shall be assessed and collected in the same manner as the assessment of other taxes. They shall be paid into the county treasury and kept by the Treasurer in a fund to be known as School District Number One (1) Interest and Redemption Fund, and the money in said fund shall be disbursed by said Treasurer in payment of the interest upon said bonds as the same become due, upon presentation and surrender of the coupons therefor. Sec. 7. To provide for the payment of the principal of the bonds herein authorized to be issued, the said Board of County Commissioners shall in the year 1906, and annually thereafter, to and including the year 1930, at the time of levying taxes for State and county purposes (and in the same manner), levy a special and additional tax upon all the property situated within said School District No. |
κ1905 Statutes of Nevada, Page 23 (CHAPTER 8)κ
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property situated within said School District No. 1, sufficient to raise and provide the sum of one thousand dollars ($1,000) each year, up to and including the year 1910; and sufficient to raise and provide the sum of fifteen hundred dollars ($1,500) each year thereafter, up to and including the year 1930. Said property shall be assessed and said taxes collected the same as other taxes, and shall be paid to the County Treasurer and by him assigned to the said School District No. 1 Interest and Redemption Fund. At the maturity of the said bonds they shall be paid by the County Treasurer out of the said fund, upon the presentation and surrender of said bonds. No interest shall be paid on said bonds after maturity. Sec. 8. If the tax levied as aforesaid for the redemption of said bonds shall exceed the sum of one thousand dollars a year, up to and including the year 1910, or the sum of fifteen hundred dollars a year and each year thereafter, up to and including the year 1930, then whenever the aggregate amount of money collected for the respective periods and amounts as aforesaid shall equal the full sum necessary for the redemption of all of said bonds, the tax hereby authorized for such purpose shall cease; and should there be any excess over and above the amount required to redeem all of said bonds, the same shall be transferred to the School Fund of said District Number 1. Sec. 9. The said Board of Trustees of School District Number 1 are hereby authorized and empowered to purchase a tract of land centrally located within the City of Carson, suitable for a school site and to proceed to build thereon a school building or school buildings, with necessary out-houses and appurtenances. And they are further authorized and empowered to sell at public auction for cash to the highest bidder (after ten days notice by publication of said sale) any or all of the real estate belonging to said School District, with or without the improvements thereon, which they or a majority thereof may deem for the best interests of the district should be sold. The proceeds of such sale of sales shall be applied to the purchase of a suitable site for the school buildings herein provided or to the purchase of furniture and school supplies for the equipment of said building or buildings; and any provisions of the general school law in conflict with the provisions of this section are hereby suspended in so far as they conflict with the provisions of this Act; provided, that all sales and all purchases of property as provided for in this Act, shall be subject to the approval of a board of three (3) citizens and taxpayers of the said School District, to be duly appointed for this purpose by the Judge of the District Court of the First Judicial District of the State of Nevada, and the said District Judge is hereby authorized to appoint such board. No sale or purchase made in accordance with the provisions of this section shall be valid unless it receive the approval of the majority of the board so appointed. |
Payment of principal.
Disposition of surplus taxes.
Trustees authorized to sell and purchase realty, etc.
Proviso. District Judge authorized to appoint board of three citizens. |
κ1905 Statutes of Nevada, Page 24 (CHAPTER 8)κ
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Trustees to issue bonds and advertise.
Supervising architect. |
made in accordance with the provisions of this section shall be valid unless it receive the approval of the majority of the board so appointed. Sec. 10. The said Board of Trustees shall immediately proceed, upon the approval of this Act, to issue the bonds herein provided for and shall advertise for a period of thirty days (in some paper published in Ormsby County, Nevada) that the Board will receive sealed proposals for the sale of said bonds; and the said Board of Trustees shall sell the bonds only to the highest bidder or bidders after due publication of said notice of sale; and when the same shall have been disposed of and the proceeds of such sale shall have been paid into the county treasury of Ormsby County, Nevada, the said Board shall proceed with due diligence to erect a suitable school building on the present site, or on a new site, as may be deemed advisable, and make the necessary improvements thereon, as a full and liberal construction of this Act will imply. The said Board of Trustees are hereby authorized to appoint a competent supervising architect or builder at a remuneration not to exceed one per cent of the estimated cost of construction of said building. No person shall be appointed to the position of supervising architect who shall be, at the time of his appointment, in any manner related to the Board of Trustees or contractor or builder. |
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Appropriation for copying Journal of Assembly.
Duties of State Controller and State Treasurer. |
Chap. IXAn Act to provide for copying the Journal of the Assembly for the Twenty-second Session.
[Approved February 14, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of one hundred and fifty ($150) dollars is hereby appropriated out of the Legislative Fund to be paid to Miss Irene Geiger for copying the Journal of the Assembly for the Twenty-second Session of the Nevada State Legislature for the State Printer. Sec. 2. Upon a receipt of a certificate from the Hon. W. G. Douglass, Secretary of State, that the Journal of the Assembly for the Twenty-second Session of the Nevada State Legislature has been correctly copied and delivered to the Secretary of State, the Controller shall draw his warrant in favor of the said Miss Irene Geiger, named in section one of this Act, for the said sum of one hundred and fifty dollars, and the State Treasurer shall pay the same. |
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κ1905 Statutes of Nevada, Page 25κ
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Chap. X.An Act to provide for the payment of extra labor and materials furnished in the construction of the Nevada State Orphans Home building.
[Approved February 16, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of six thousand three hundred and thirty-four dollars is hereby appropriated out of any money in the General Fund of this State, not otherwise appropriated, to pay the claim of Holesworth & Fowler, the contractors for building the Nevada State Orphans Home building at Carson City, Nevada, being the amount certified by the Board of Directors of the said Nevada State Orphans Home as being just and correct. Sec. 2. The State Controller is hereby authorized and directed to draw his warrant for the above-mentioned amount in favor of said contractors, and the State Treasurer is hereby authorized and directed to pay the same. |
Appropriation for Holesworth & Fowler.
Duties of State Controller and State Treasurer. |
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Chap. XI.An Act concerning the bringing of indigent, incompetent or incapacitated persons into the State or from one county into another county of this State, and fixing the penalty therefor.
[Approved February 20, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every county shall receive and support all pauper, incompetent, poor, indigent persons and those incapacitated by age, disease or accident, lawfully resident therein, when such persons are not supported or relieved by their relatives or friends, or by their own means, or by State hospitals or other State or private institutions. Sec. 2. The term residence, as used in this Act, shall be taken to mean and shall be considered to mean the actual residence of each of such persons, or the place where each such persons were employed, or in case such persons were in no employment, then it shall be considered and held to be the place where such person has made his or her home, or his or her headquarters. Sec. 3. Every person, firm or corporation, or the officers, agents, servants or employees of any person, firm or corporation, bringing into or the leaving within, or aiding in the bringing into or the leaving within, of any pauper or poor or indigent or incapacitated or incompetent person as hereinbefore mentioned, in any county in the State of Nevada, wherein such person is not lawfully settled or not lawfully residing as herein defined, knowing him to be such pauper, poor, indigent, or incapacitated or incompetent person, and for the purpose of imposing said person as a public charge on the county to which said person shall be taken as aforesaid, shall be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail not more than sixty days, or by both such fine and imprisonment. |
Counties to relieve all resident indigents.
Residence defined.
Penalty for importing indigents. |
κ1905 Statutes of Nevada, Page 26 (CHAPTER 11)κ
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Penalty.
Repeal. |
person is not lawfully settled or not lawfully residing as herein defined, knowing him to be such pauper, poor, indigent, or incapacitated or incompetent person, and for the purpose of imposing said person as a public charge on the county to which said person shall be taken as aforesaid, shall be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail not more than sixty days, or by both such fine and imprisonment. Sec. 4. All Acts or parts of Acts in conflict herewith are repealed. |
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Limitation of actions.
Time, how reckoned. |
Chap. XII.An Act to amend an Act entitled An Act to amend an Act amendatory of and supplementary to an Act entitled An Act defining the time of commencing civil actions, approved November twenty-first, one thousand eight hundred and sixty-one, and to repeal Acts amendatory of said Act, approved March fifth, one thousand eight hundred and sixty-seven, approved March second, one thousand eight hundred and seventy-seven, being an amendment of Section 3719 of the Compiled Laws of Nevada of 1900.
[Approved February 20, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act approved March second, one thousand eight hundred and seventy-seven, is hereby amended so as to read as follows: Section 2. The time in section one this Act shall be deemed to date from the last transaction or the last item charged, or last credit given; and whenever any payment on principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made. |
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κ1905 Statutes of Nevada, Page 27κ
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Chap. XIII.An Act to grant the right of way to R. L. Douglass, W. J. Douglass and George B. Williams, and their associates, for the construction and operation of a railroad within Churchill County, State of Nevada, from either Hazen or Massey Stations therein, on or near the said road tract of the Central or Southern Pacific or Oregon Short Line Railroad Company, as said grantees may select, to the Town of Fallon, in said Churchill County, and matters relating thereto.
[Approved February 20, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The right of way to locate, construct, maintain and operate, either by steam or electric motive power, a narrow or broad-gauge railroad with iron or steel rails over or along such route as may be deemed most feasible and advantageous from a point at or near the railroad tracts of the Central or Southern Pacific or Oregon Short Line Railroad Company in said Churchill County, at either Hazen Station or Massey Station, as the grantees herein may select, to the Town of Fallon, in said Churchill County, is hereby granted to R. L. Douglass, W. J. Douglass, George B. Williams, their associates, successors and assigns for the term of fifty years; provided, the right of way hereby granted shall not exceed two hundred feet in width; and provided further, that the construction of said railroad shall be commenced within one year from the passage of this Act and completed within five years thereafter. Sec. 2. That said R. L. Douglass, W. J. Douglass, George B. Williams, their associates, successors and assigns, shall have and are hereby given all the rights, privileges and franchises conferred upon railroad companies incorporated in the State under and pursuant to the provisions of An Act to provide for the incorporation of railroad companies, and the management of the affairs thereof, and other matters relating thereto, approved March 22, 1865, and the Acts amendatory thereof or supplemental thereto, as far as the same are consistent with the provisions of this Act. |
Grants railroad franchise in Churchill County.
Proviso.
To conform to previous Act. |
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Chap. XIV.An Act to provide for the payment of indebtedness incurred by the Board of Regents of the State University, contracted by said Board for the support of the University during the years 1901, 1902, 1903 and 1904.
[Approved February 20, 1905.]
Whereas, In the year 1901 the Legislature of the State of Nevada enacted a law entitled An Act making appropriations for the support of the Civil Government of the State of Nevada for the fiscal years 1901 and 1902. |
Preamble. |
κ1905 Statutes of Nevada, Page 28 (CHAPTER 14)κ
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Preamble.
Preamble.
Appropriation to pay indebtedness of State University.
Duties of Controller and Treasurer. |
of Nevada enacted a law entitled An Act making appropriations for the support of the Civil Government of the State of Nevada for the fiscal years 1901 and 1902. Section 42 of said Act provides: For the support of the State University, thirty-six thousand dollars ($36,000), payable as follows: From the Contingent University Fund, twenty-six thousand dollars ($26,000), and from the Interest Account, Ninety-Thousand-Acre Grant, ten thousand dollars ($10,000). And in the year 1903 the Legislature of the State of Nevada enacted a law entitled An Act making appropriations for the support of the Civil Government of the State of Nevada for the fiscal years 1903 and 1904. Section 45 of said Act provides: For the support of the State University, Forty-two thousand five hundred dollars ($42,500), ten thousand dollars ($10,000) to come from the Interest Account, 90,000-Acre Grant, and thirty-two thousand five hundred dollars ($32,500) to come from the Contingent University Fund; and Whereas, By reason of the insufficiency of revenue coming into said fund in the years 1901, 1902, 1903 and 1904, the said State University was deprived of the benefit of such appropriation to the extent of two thousand seven hundred and forty dollars and sixty-five cents ($2,740.65); now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand seven hundred and forty dollars and sixty-five cents ($2,740.65) is hereby appropriated out of any moneys in the General Fund of the State for the payment of the indebtedness incurred by the Regents of the State University at Reno, Nevada, for the support of the said State University during the years 1901, 1902, 1903 and 1904, the said amount to be expended in payment of claims, as follows, to wit: Claims approved and remaining unpaid, pay roll for October, 1902, eight hundred forty-four dollars and forty cents ($844.40); pay roll for November, 1902, three hundred eight-five dollars and six cents ($385.06); December 6, 1902, Sunset Telephone Company, nine dollars and fifty cents ($9.50); December 6, 1902, Donnels & Steinmetz, three dollars ($3.00); pay roll for September, 1904, six hundred ninety dollars and thirty-five cents ($690.35); pay roll for October, 1904, eight hundred eight dollars and thirty-four cents ($808.34). Sec. 2. The State Controller is hereby directed to draw his warrants in favor of the persons entitled for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
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κ1905 Statutes of Nevada, Page 29κ
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Chap. XV.An Act to authorize the Secretary of State to employ a stenographer and fixing the compensation.
[Approved February 21, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Secretary of State of the State of Nevada is hereby authorized to employ a stenographer, whose compensation shall be nine hundred ($900) dollars per annum, payable out of the General Fund of the State of Nevada. Sec. 2. This Act shall take effect immediately. |
Appropriation for stenographer for Secretary of State. |
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Chap. XVI.An Act to pay the deficiencies in the appropriations for the years 1903 and 1904.
[Approved February 23, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of forty-one hundred and sixteen 26/100 dollars ($4,116.26) is hereby appropriated out of any moneys in the General Fund of the State for the payment of deficiencies in the appropriations for the years A. D. 1903 and 1904, as follows: J. M. Benton, $137.30; Charles Crippen, $85.75; T. R. Hofer, Jr., $5; Wells, Fargo & Co., $23.96; Sunset Telephone Co., $135.73; Mrs. Lopez, $12.50; Bancroft-Whitney Co., $3; W. R. Davis, $6.75; C. H. Maish, $12; F. J. Steinmetz, $10; C. W. Friend, $5; California Institution for the Deaf and Blind, $996.17; Western Union Telegraph Co., $15.90; J. Buchannon, $200; Ed. J. Walsh, $416.05; George H. Meyers, $0.60; Robert McCrimmon, $13.50; Wm. Kinney, $60; P. J. McMahon, $40.50; Josephine A. Roberts, $143.15; H. G. Bath, $8; Carson City Coal Gas Co., $24; Orvis Ring, $11; M. W. Wiard, $1.25; Truckee River General Electric Company, $25; J. Doane, $163.50; Roger Crow, $2; Carson Book and News Co., $79.65; Wm. Kayser, $27; George Kramer, $9; Wm. Anderson, $18; Nyda Christian, $1,425. Sec. 2. The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
Appropriation to pay deficiencies of 1903 and 1904.
Duties of Controller and Treasurer. |
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κ1905 Statutes of Nevada, Page 30κ
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Appropriation to pay deficiencies of St. Louis Worlds Fair Commission.
Duties of Controller and Treasurer. |
Chap. XVII.An Act entitled an Act to pay the deficiencies of the Worlds Fair, St. Louis, Louisiana Purchase Exposition Commissioners of Nevada.
[Approved February 23, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of eight thousand nine hundred and fifty-six dollars and forty-four cents ($8,956.44) is hereby appropriated out of any moneys in the General Fund of the State for the payment of deficiencies in the appropriation made to carry out the provisions of An Act entitled an Act to provide for the collection, arrangement and display of the products of the State of Nevada at the Worlds Fair, St. Louis, Louisiana Purchase Exposition, to be held at the City of St. Louis and State of Missouri, May 1 to November 1, 1904, and to make an appropriation therefor, approved March 13, 1903. Said deficiencies are in words, figures and recitals, as follows: T. H. Tholwegan, $123; Simmonds Hardware Co., $23.65; West Disinfectant Co., $2; Buxton & Skinner Co., $69.60; Conrad & Co., $229.28; Edna Sinclair, $50; H. E. Freudenthal, $50.71; Broderick & Wind, $2,126; J. A. Yerington, $2,803.34; J. A. Yerington, $1,400; J. A. Yerington, $250; J. A. Yerington, $250; C. E. Watson, $388.86; C. H. E. Hardin, $1,190. Sec. 2. The State Controller is hereby authorized and directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
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Appropriation to pay State Prison deficiencies. |
Chap. XVIII.An Act to pay deficiencies in the State Prison appropriation for the years 1903 and 1904.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of fourteen thousand three hundred eleven dollars and ninety-one cents ($14,311.91) is hereby appropriated out of any moneys in the General Fund of the State for the payment of deficiencies in the State Prison appropriation for the years 1903 and 1904, as follows: W. F. King, $3; H. R. Mighels, $8; Jos. Platt, $170.26; H. G. Bath, $3; J. E. Richardson, $19.08; J. W. Robinson, $21.90; M. A. Downey, $4; Western Union Co., $1.25; J. Kelly Co., $6; H. A. Lemmon, $7.50; Mrs. H. M. Anderson, $23.25; J. Saffell, $1.75; F. A. Cushing, $6.55; Wm. Smith, $33.80; V. & T. R. R. Co., $22.55; E Burlington, $32; V. & T. R. R. Co., $0.45; Geo. Bath, $40.35; M. W. Wiard, $9.25; |
κ1905 Statutes of Nevada, Page 31 (CHAPTER 18)κ
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F. W. Day, $7.20; Dr. A. Huffaker, $60; Rev. F. W. Lloyd, $10; Rev. D. Gartland, $10; Rev. B. J. Darneille, $10; Rev. H. H. McCreery, $10; Peterson & Springmeyer, $27.65; Geo. F. Vonderhyde, $0.25; R. Crow, $8; Davey & Maish, $6.50; T. R. Gen. Electric Co., $77.50; J. M. Benton, $20; Jas. Raycraft, $15; C. L. Kitzmeyer, $28.40; Leete & Leary, $6; W. H. Chedic, $286.99; J. L. Considine, $47.95; Ed. J. Walsh, $562.70; J. L. Considine, $166.65; J. J. Quinlan, $125; C. M. Cavanaugh, $100; J. S. Burlingame, $100; Albert OBrien, $100; J. G. Lucey, $100; J. E. Muller, $60; C. F. Riley, $60; G. C. Warren, $60; T. Dolan, $60; M. Horan, $60; N. F. Dow, $44; C. H. Stone, $60; Henry Hughson, $60; J. Barrett, $60; Albert Litchtenberg, $60; Z. P. Machabee, $60; A. C. McCleary, $60; M. Walsh, $90; G. Guinan, $16; H. F. Dangberg L. & L. Co., $373.52; Robt. Shirley, $106.50; Ed. J. Walsh, $462.84; R. Cleator, $36; J. McGrath, $117.30; J. L. Considine, $17.50; Ed. J. Walsh, $439.95; Otto Schulz, $266.54; Rev. H. H. McCreery, $10; Rev. D. Gartland, $10; Rev. B. J. Darneille, $10; Truckee River General Electric Co., $77.50; George H. Meyers, $3.24; J. M. Benton, $20; Davey & Maish, $6.50; M. W. Wiard, $5.95; Jas. Raycraft, $15; V. & T. R. R. Co., $14.40; C. E. Wylie, $3.55; Peterson & Springmeyer, $18.92; Leete & Leary, $2; Geo. Bath, $22.35; Sierra Nev. W. & L. Co., $5.12; F. W. Day, $7; C. L. Kitzmeyer, $30.25; Truckee River General Electric Co., $30; Carson Book and News Co., $3.80; John Muldoon, $44.50; R. Crow, $4; E. Burlington, $19.25; Geo. F. Vonderhyde, $2.65; S. G. Lamb, $47.50; S. G. Lamb, $91.50; J. R. Bradley, $6; Neil Maher, $14; Dr. A. Huffaker, $60; J. J. Quinlan, $125; C. M. Cavanaugh, $100; J. S. Burlingame, $100; P. S. Gardner, $100; Albert OBrien, $100; J. E. Muller, $60; C. F. Riley, $28; G. C. Warren, $60; T. Dolan, $60; M. Horan, $60; N. F. Dow, $60; J. G. Lucey, $60; C. H. Stone, $60; C. C. Sanford, $58; J. G. Guinan, $8; M. Walsh, $34; Henry Hughson, $4; J. L. Considine, $166.65; J. J. Quinlan, $125; C. M. Cavanaugh, $100; J. S. Burlingame, $100; P. S. Gardner, $44; Albert OBrien, $46.70; M. Walsh, $60; J. E. Muller, $60; G. C. Warren, $60; T. Dolan, $60; M. Horan, $60; N. F. Dow, $50; J. G. Lucey, $42; C. H. Stone, $58; C. C. Sanford, $4; Henry Hughson, $56; Wm. Ross, $56; G. Guinan, $30; Ed. J. Walsh, $603.78; J. L. Considine, $166.65; J. J. Quinlan, $125; C. M. Cavanaugh, $100; J. S. Burlingame, $100; Albert OBrien, $100; J. G. Lucey, $100; J. E. Muller, $60; C. F. Riley, $60; G. C. Warren, $60; T. Dolan, $56; M. Horan, $60; N. F. Dow, $38; C. H. Stone, $60; Henry Hughson, $34; G. Guinan, $26; M. Walsh, $22; Julian Guinan, $4; Albert Lichtenberg, $60; J. Barrett, $24; Z. P. Machabee, $24; A. C. McCleary, $24; M. Walsh, $39; J. L. Considine, $41.10; Otto Schulz, $347.12; Rev. H. H. McCreery, $10; Rev. D. Gartland, $10; Rev. B. J. Darneille, $10; Truckee River General Electric Co, $77.50; Truckee River General Electric Co, $2; J. M. Benton, $20; Davey & Maish, $7.75; M. |
State Prison deficiencies. |
κ1905 Statutes of Nevada, Page 32 (CHAPTER 18)κ
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State Prison deficiencies.
Duties of Controller and Treasurer |
Maish, $7.75; M. W. Wiard, $9.15; Jas. Raycraft, $15; Petersen & Springmeyer, $32.83; Geo. Bath $43.33; F. W. Day, $123.75; C. L. Kitzmeyer, $35.40; Carson Book and News Co., $0.50; Jno. Muldoon, $52.29; R. Crow, $5.75; E. Burlington, $33.35; Dr. A. Huffaker, $60; Rev. F. W. Lloyd, $10; Andrew Robert, $1; A. J. Millard, $21; E. D. Sweeney, $490; J. E. Richardson, $9.10; H. F. Dangberg L & L. Stock Co., $47.85; J. Kelly Co., $32.15; M. Gardner, $4.05; Jno. Lloyd, $58.79; L. G. Clark, $69.10; L. G. Clark, $81.30; W. A. Ingalls, $31; Jno. Hayes, $30; Jno. Hayes, $22; Sunset Tel. Co., $31.85; J. L. Considine, $166.65; J. J. Quinlan, $125; C. M. Cavanaugh, $100; J. S. Burlingame, $100; J. G. Lucey, $100; Albert OBrien, $100; J. E. Muller, $60; C. F. Riley, $60; G. C. Warren, $60; T. Dolan, $56; M. Horan, $60; N. F. Dow, $4; C. H. Stone, $58; Henry Hughson, $40; G. Guinan, $60; M. Walsh, $56; Julian Guinan, $16; Thos. Carney, $2; Albert Litchtenberg, $14; V. & T. R. R. Co., $24.12; Ed. J. Walsh, $405.04; W. H. Chedic, $265.03; Dr. A. Huffaker, $60; Rev. F. W. Lloyd, $20; Rev. H. H. McCreery, $10; Rev. D. Gartland, $10; Rev. B. J. Darneille, $10; Jas. Raycraft, $15; E. Burlington, $6; J. M. Benton, $20; C. Kitzmeyer, $31.30; Wm. Smith, $100; C. E. Wylie, $3.35; M. W. Wiard, $4.35; J. L. Considine, $87.95; R. Crow, $11; Frank Golden Jewelry Co., $2.50; Jno. Muldoon, $69.07; Geo. Bath, $15.10; T. R. Gen. Electric Co., $77.50; C. H. Maish, $3; Carson Book and News Co., $1.85; F. W. Day, $133.30; Petersen & Springmeyer, $31.73; Davey & Maish, $2.80; Geo. H. Meyers, $4.12; Wm. M. McCormack, $10; S. G. Lamb, $47.50. Sec. 2. The State Controller is hereby directed to draw his warrants in favor of the persons above named for the several amounts specified in this Act, and the State Treasurer is hereby directed to pay the same. |
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Animals dying of infectious diseases must be buried.
Proviso. |
Chap. XIX.An Act to provide for immediate destruction of domestic animals dying of contagious or infectious diseases.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made the duty of any person, firm, or corporation, or of the officers or agents of any person, firm or corporation, owning or claiming any cattle, sheep, pigs, horses or other animals that shall die of any contagious or infectious disease, to cause any of said animals dying as aforesaid to be burned or buried with not less than three feet of earth over the carcass within twenty-four hours after the knowledge of death as aforesaid shall have come to said person, firm, corporation, officers or agents; provided, however, this Act shall not apply to domestic animals dying without a limit of one mile of any town, city, inhabited ranch house, or one-half mile of any public highway, situated in the State of Nevada. |
κ1905 Statutes of Nevada, Page 33 (CHAPTER 19)κ
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limit of one mile of any town, city, inhabited ranch house, or one-half mile of any public highway, situated in the State of Nevada. Sec. 2. Any person, firm or corporation, or the officers or agents of any person, firm or corporation, that shall fail or refuse to comply with the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor more than fifty dollars, or be imprisoned in the county jail for any term not less than ten days nor more than twenty days, or by both such fine and imprisonment. Sec. 3. All Acts and parts of Acts in conflict herewith are hereby repealed. |
Penalty.
Repeal. |
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Chap. XX.An Act to amend Section 1 of an Act entitled An Act authorizing ministerial officers to appoint deputies, the same being Section 2451 of the Compiled Laws of Nevada, 1900.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said act is hereby amended so as to read as follows: Section 1. All Prosecuting Attorneys, County Recorders, Clerks of the several District Courts, County Clerks, Sheriffs, Assessors, Collectors of Taxes, Constables and Public Administrators, are hereby authorized to appoint deputies, who shall have power to transact all official business appertaining to said officers, to the same extent as their principals; provided, that the deputy appointed by the Public Administrator may act as ex officio Coroner. |
All ministerial officers may appoint deputies.
Proviso. |
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Chap. XXI.An Act amendatory of an Act entitled An Act to regulate proceedings in civil cases in the Courts of Justice of this State, and to repeal all other Acts in relation thereto, approved March 8, 1869.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 197 of said Act is hereby amended to read as follows: Section 197. The party intending to move for a new trial shall give notice of the same, as follows: When the action has been tried by a jury, within ten days after the rendition of the verdict, and when the action has been tried by the Court or by a referee, within ten days after receiving written notice of the rendering of the decision of the Judge or of the filing of the report of the referee. |
Proceedings in moving for new trial. |
κ1905 Statutes of Nevada, Page 34 (CHAPTER 21)κ
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Time of notice to be filed.
Errors specified.
Settlement of statement. |
filing of the report of the referee. The notice shall designate generally the grounds upon which the motion will be made. Within five days after giving such notice the said party shall prepare and file with the Clerk the affidavit or statement required by the last section. A copy of the affidavit shall, on the same day, be served on the adverse party. The party preparing the statement shall number the pages and lines thereof, and, after having filed the same with the Clerk, and had such filing entered and endorsed, shall serve the same on the adverse party, on the same day, who may propose amendments thereto, referring to the page and line of the statement, and shall, within five days after the service on him of the statement, file his amendment with the Clerk, and, after having such filing entered and endorsed, shall, on the same day, serve the same, with the statement, upon the moving party, who shall, within five days thereafter, give written notice to the adverse party if he declines admitting the amendments, or they shall be deemed accepted. At any time thereafter either party may have the statement settled by the Judge or referee upon two days notice thereof to the other party. If no affidavit or statement be filed within five days after the notice for a new trial, the right to move for a new trial shall be waived. When the notice designates, as the ground upon which the motion will be made, the insufficiency of the evidence to justify the verdict or other decision, it shall be a sufficient assignment of error to specify that the verdict of the jury, or the decision, or judgment, or decree of the Court, is not supported by the evidence, or is contrary to the evidence. In such case, where it appears that the evidence, taken altogether, does not, by a fair preponderance, support the verdict, or decision, or judgment, or decree of the Court, a new trial shall be granted, or, upon appeal, the case shall be reversed without regard to whether there are express findings upon all the issues, or whether the specifications particularly point out the finding or findings, either express or implied, that are not supported by the evidence, or are contrary thereto. When the notice designates, as the ground of the motion, error in law occurring at the trial and excepted to by the moving party, the statement shall specify the particular errors upon which the party will rely. If no such specifications be made, the statement shall be disregarded. The statement shall contain so much of the evidence or reference thereto as may be necessary to explain the particular points thus specified, and no more. When the statement is agreed to it shall be accompanied with the certificate, either of the parties themselves in fact or their attorney, that the same has been agreed upon and is correct. When settled by the Judge or referee, it shall be accompanied with his certificate that the same has been allowed by him and is correct. When no amendments have been filed, the statement shall be accompanied with the certificate of the Clerk of that fact. |
κ1905 Statutes of Nevada, Page 35 (CHAPTER 21)κ
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Clerk of that fact. On the argument, reference may also be made to the pleadings, depositions, and documentary evidence on file, testimony taken and written out by a shorthand reporter authorized by the Court to make the same, and the minutes of the Court. If the application be made upon affidavits filed, the adverse party may use counter affidavits on the hearing. Any counter affidavit shall be filed with the Clerk, and copies served on the moving party, at least two days previous to the hearing. The affidavits and counter affidavits, or the statement thus used in connection with such pleadings, depositions, documentary evidence on file, testimony taken by a reporter, and minutes of the Court as are read or referred to on the hearing shall constitute, without further statement, the papers to be used on appeal from the order granting or refusing the new trial. To identify the affidavits, it shall be sufficient for the Judge or Clerk to indorse them at the time as having been read or referred to on the hearing. To identify any depositions, documentary evidence on file, testimony taken by a reporter, or minutes of the Court read or referred to on the hearing, it shall be sufficient that the Judge designate them as having been read or referred to in his certificate to be for that purpose by him made thereon. The several periods of time limited may be enlarged by the written agreement of the parties, or upon good cause shown, by the Court or the Judge before whom the cause was tried. |
Settlement of statement.
Identification. |
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Chap. XXII.An Act relating to certain outstanding and unapplied-for county warrants issued against the General Fund of Nye County, State of Nevada.
[Approved February 25, 1905.]
Whereas, Between the first day of January, A. D. eighteen hundred and seventy-five, and the thirty-first day of December, A. D. eighteen hundred and eighty-nine, certain and several evidences of indebtedness or county warrants were duly issued by the Board of County Commissioners of Nye County, State of Nevada, against the General Fund of said county; and Whereas, The outstanding county warrants so issued have not been presented for payment, although duly advertised as payable, with money in the county treasury to redeem them; and Whereas, Of the county warrants so issued, certain and several of them now remain in the office of the County Recorder of said Nye County, the persons to whom they were issued not having applied for them; and Whereas, It is believed said outstanding county warrants have been lost or destroyed, and that the persons to whom said county warrants, now remaining and not applied for, were issued will not present them for payment; and |
Preamble. |
κ1905 Statutes of Nevada, Page 36 (CHAPTER 22)κ
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Commissioners required to advertise.
After advertising, certain warrants deemed void, and canceled.
Warrants redeemed. |
Whereas, Legislative action should be taken in order that the books of the Auditor and Treasurer of said Nye County be relived from carrying these warrants as cash balances; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. At the first regular meeting of the Board of County Commissioners of Nye County, State of Nevada, after the approval of this Act, said Board of County Commissioners are hereby authorized, empowered and required to advertise in some daily or weekly newspaper published in said Nye County-for the period of two months, one insertion each week-for the presentation for payment of all outstanding and unapplied-for county warrants issued against the General Fund of said Nye County between the first day of January, A. D. eighteen hundred and seventy-five, and the thirty-first day of December, A. D. eighteen hundred and eighty-nine. Sec. 2. Upon the expiration of the time named for advertising in section one of this Act all outstanding and unapplied-for county warrants issued against the General Fund of said Nye County, State of Nevada, between the first day of January, A. D. eighteen hundred and seventy-five, and the thirty-first day of December, A. D. eighteen hundred and eighty-nine, and not presented at the office of the County Treasurer of said Nye County for payment, shall be deemed void and canceled, and the order for their allowance vacated and rendered void. The County Auditor shall then notify the County Treasurer of the amount of said county warrants so declared void, whereupon the County Auditor and County Treasurer shall balance their respective books, by proper entries, briefly reciting the provisions of this Act for their authority. Sec. 3. If at any time, after the preceding sections of this Act shall have been complied with, any county warrant issued against the General Fund of Nye County, State of Nevada, between the first day of January, A. D. eighteen hundred and seventy-five, and the thirty-first day of December, A. D. eighteen hundred and eighty-nine, shall be presented at the office of the County Treasurer of Nye County, State of Nevada, for payment, said county warrant or warrants shall be deemed a just and legitimate claim against said county, and shall be allowed by the Board of County Commissioners of said county, and audited and paid in the same manner as other claims against the county are allowed, audited and paid. |
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κ1905 Statutes of Nevada, Page 37κ
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Chap. XXIII.An Act to authorize the Board of County Commissioners of Churchill County to issue bonds for the purpose of creating a fund for the erection of a county jail.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Churchill County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county for an amount not exceeding the sum of five thousand dollars, exclusive of interest, for the purpose of providing funds for the erection of a county jail in the Town of Fallon in said county. Sec. 2. Prior to the first Monday in May, nineteen hundred and five, the Board of County Commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the Chairman of the Board, countersigned by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of such coupons shall be consecutively numbered and signed by the Chairman of the said Board and the County Treasurer. Sec. 3. The Clerk of the Board of County Commissioners shall keep a record of all proceedings under the provisions of this Act, showing the number and date of each bond, and to whom issued. Sec. 4. The Board of County Commissioners of Churchill County are hereby authorized to negotiate the sale of said bonds, by advertising for sealed proposals, or by private sales as they may deem for the best interests of the county; provided, that no bonds shall be sold for less than their par value, and that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. Sec. 5. Said bonds shall each be in the sum of five hundred dollars, and the interest on the same shall not exceed six per cent per annum, payable annually on the first Monday in January of each year, at the office of the County Treasurer of said Churchill County, and in no case shall any of said bonds run a longer period than ten years. Sec. 6. For the purpose of creating a fund for the payment of the bonds authorized by this Act, and the interest thereon, the Board of County Commissioners of Churchill County are hereby authorized and required to levy and collect annually a special tax of not exceeding fifteen cents upon each one hundred dollars of assessed value of all property, both real and personal, within the boundaries of said Churchill County, until such bonds and the interest thereon shall have been fully paid. |
County jail in Fallon.
County Commissioners to issue bonds
Clerk to keep record.
Negotiation of bonds authorized. Proviso.
Denomination of bonds.
Churchill County Jail Fund. |
κ1905 Statutes of Nevada, Page 38 (CHAPTER 23)κ
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Bonds must be redeemed.
Manner of redemption.
Proviso.
Interest to cease.
Tax to cease. |
each one hundred dollars of assessed value of all property, both real and personal, within the boundaries of said Churchill County, until such bonds and the interest thereon shall have been fully paid. 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 Churchill County Jail Fund. Sec. 7. Whenever on the first Monday in January, nineteen hundred and seven, and any year thereafter, after the payment of the interest then accrued on said bonds, there shall remain a surplus in said Churchill County Jail Fund of five hundred dollars or upwards, the County Treasurer of said Churchill County shall proceed to advertise, for not less than three weeks, in such manner as the Board of County Commissioners may direct, for proposals for the surrender of the bonds provided for in this Act. Such notice or advertisement shall state the time and place for receiving such bonds, the amount of money on hand applicable to the redemption of such bonds, and that no bid will be received at a rate exceeding the par value thereof. The County Treasurer, together with the County Commissioners, shall proceed to open and consider such proposals at the time and place specified in such advertisement, and shall accept such proposals at a rate not exceeding the par value as may redeem the greatest amount of bonds, until the amount of money on hand is exhausted; provided, that in case more bonds are offered for redemption than can be purchased by the money in said fund, and there being no difference in the bids, then, and in that case, the County Treasurer and the Board of County Commissioners shall determine by lot which of said bonds so offered shall be paid first. In case, on the day mentioned for reception of proposals, no bids for the surrender of bonds shall have been received, or if, after redeeming all bonds offered, there remain in the Churchill County Jail Fund the sum of five hundred dollars or more, then, and in such event, the Board shall determine by lot which of the outstanding bonds shall be redeemed, and the County Treasurer shall then give notice, by letter or publication in such manner as the Board may direct, that said bond or bonds, if not presented for payment, shall cease to bear interest from and after thirty days from the date of such letter, or the first publication of said notice. Sec. 8. Whenever the bonds and interest provided for in this Act shall have been fully paid, the tax authorized by this Act shall cease and all moneys remaining in said Churchill County Jail Fund shall, by order of the Board of County Commissioners, be transferred to the General Fund of said county. Sec. 9. Whenever the County Treasurer shall pay any coupons on bonds, issued under the provisions of this Act, he shall cancel the same by writing across the face thereof, the word 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 with the amounts so paid. |
κ1905 Statutes of Nevada, Page 39 (CHAPTER 23)κ
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he shall cancel the same by writing across the face thereof, the word 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 with the amounts so paid. Sec. 10. The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full. |
Duties of county officers.
Faith of State pledged. |
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Chap. XXIV.An Act to authorize the Board of County Commissioners of Nye County to issue bonds for the purpose of creating a fund for the erection and furnishing of county buildings in the Town of Tonopah.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of County Commissioners of Nye County, Nevada, are hereby authorized and empowered to prepare and issue bonds of said county, after the first day of March, 1905, for an amount not exceeding the sum of thirty-five thousand dollars, exclusive of interest, for the purpose of providing funds for the obtaining of premises and erection and furnishing of a court house and jail, and necessary county buildings in the Town of Tonopah in said county. Sec. 2. Prior to the first Monday in May, 1905, the Board of County Commissioners of said county shall cause said bonds to be prepared and ready for issuance. Said bonds shall be signed by the Chairman of the Board, countersigned by the County Treasurer, and authenticated with the seal of the county. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bonds, and each of said coupons shall be consecutively numbered, and signed by the Chairman of said Board and the County Treasurer. Sec. 3. The Clerk of the Board of County Commissioners shall keep a record of all proceedings under the provisions of this Act, showing the number and date of each bond and to whom issued. Sec. 4. The Board of County Commissioners of Nye County are hereby authorized and directed to negotiate the sale of said bonds by advertising for sealed proposals or by private sales as they may deem for the best interest of the county; provided, that no bond shall be sold for less than par value; and provided, that all bonds shall be made for gold coin of the United States, and the interest thereon shall be payable in like gold coin. |
Bonds for new court house and jail at Tonopah.
Bonds to be prepared.
Clerk to keep record.
Sale negotiated.
Not less than par value. |
κ1905 Statutes of Nevada, Page 40 (CHAPTER 24)κ
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Denomination.
Interest not more than 6 per cent. Limitation of time. Court House Bond Fund created.
Obligations of county.
Tax to cease.
Duties of county officers.
Faith of State pledged. |
Sec. 5. Said bonds shall be each in the sum of one thousand dollars. They shall be numbered from one to thirty-five continuously; and the interest on the same shall not exceed six per cent per annum, payable annually on the first Monday in January in each year at the office of the County Treasurer of said Nye County, and in no case shall any of said bonds run for a longer period than seven years. Sec. 6. For the purpose of creating a fund for the payment of the bonds authorized by this Act and the interest thereon, the Board of County Commissioners of Nye County are hereby authorized and required to levy and collect annually a special tax on the assessed value of all property, both real and personal, including proceeds of mines within the boundaries of said Nye County, until such bonds and interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire five of said bonds annually after the first Monday in January, 1906. 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 thereon shall be kept by the County Treasurer in a special fund to be known as the Court House Bond Fund. Sec. 7. It shall obligatory on said county and its proper officers, to fully pay the interest on said bonds annually, and to fully pay and retire five of said bonds on the first Monday of January, 1907, beginning with the first number thereof, and so on consecutively. And on the first Monday of January of each year thereafter until said bonds and the interest thereon are fully paid, canceled and retired, to pay and retire five of said bonds in such manner. Sec. 8. Whenever the bonds and interest provided for in this Act shall have been fully paid the tax authorized by this Act shall cease, and all moneys remaining in said bond fund shall, by order of the Board of County Commissioners, be transferred to the General Fund of said county. Sec. 9. Whenever the County Treasurer shall pay anything on the bonds issued under the provisions of this Act, he shall cancel the same by writing across the face thereof Paid, together with the date of such payment, sign his name thereto and turn the same over to the County Auditor, taking his receipt therefor, which receipt shall be filed with the Clerk of the Board of County Commissioners, and the Auditor shall credit the Treasurer on his books with the amount so paid. Sec. 10. The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue thereof shall have been paid in full, as in this Act specified. |
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κ1905 Statutes of Nevada, Page 41κ
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Chap. XXV.An Act to amend Section 1 of an Act providing for the appointment of a Deputy Sheriff of Washoe County, and fixing and regulating his compensation, approved March 16, 1903.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled Act is hereby amended so as to read as follows: Section 1. The Sheriff of Washoe County is hereby authorized to appoint a deputy to be known as Chief Deputy Sheriff, and for the duties of said office said Chief Deputy Sheriff shall receive the sum of twelve hundred dollars per annum, as full compensation therefor. |
Chief Deputy Sheriff of Washoe County. Compensation. |
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Chap. XXVI.An Act for the preservation of a bird known as the American Eagle, within the State of Nevada.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be unlawful for any person or persons, firm, company, corporation or association to kill, destroy, wound, trap, injure, keep in captivity, or in any other manner to catch or capture, or to pursue with such intent the bird known as the American Eagle, within this State, or to take, injure or destroy the nest or eggs of said before-mentioned bird. Sec. 2. Any person or persons, firm, company, corporation or association violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than twenty-five ($25) dollars, nor more than two hundred ($200) dollars, or imprisonment in the county jail of the county in which said conviction is had for any term not exceeding six months, or by both such fine and imprisonment, and in addition to the costs now allowed by law on criminal prosecution, twenty-five ($25) dollars liquidated damages, shall be entered up as costs against such defendant, and collected in the manner now provided by law for the collection of costs in civil action, which said sum of twenty-five ($25) dollars shall be paid to the party instrumental in securing the arrest and conviction of said defendant. Sec. 3. It shall be the duty of the Sheriff and his deputies, Constable and his deputies, District Attorney and all other peace officers in this State, upon receiving information from any person, that any provisions of this Act have been violated, to immediately institute proceedings in the proper court against the person or persons thus complained of, and
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American Eagle protected.
Penalties.
Duties of peace officers. |
κ1905 Statutes of Nevada, Page 42 (CHAPTER 26)κ
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prosecute the same with reasonable diligence to final judgment, and any peace officer refusing to make complaint or institute proceedings as herein provided, shall be guilty of a misdemeanor in office, and fined in any sum not exceeding twenty-five ($25) dollars. |
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Flag of Nevada.
Specifications. |
Chap. XXVII.An Act adopting the design of the flag of the State of Nevada.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The flag of the State of Nevada will be of blue bunting, with the following devices thereon, to wit: The word NEVADA in silver-colored block letters, equidistant between the top and bottom; near the top the word SILVER in silver color, and near the bottom, the word GOLD in gold color, each of which shall be in Roman capital letters, and there shall be under the word Silver a row of eight stars in silver color, under which and above the word Nevada a row of nine stars in gold color, at each end of the word Nevada a silver-colored star, and under the word Nevada a row of nine stars in gold color, under which and above the word Gold a row of eight stars in silver color. Each star shall have five points and be placed with one point up. |
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Treasurer and Assessor of White Pine County.
Salary of Treasurer. |
Chap. XXVIII.An Act amending Section 2 of an Act entitled An Act separating the offices of Treasurer and Assessor in White Pine County, and fixing the salaries of said offices, approved March 2, 1901, and adding thereto a section to be known as Section 4.
[Approved February 25, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of an Act entitled An act separating the offices of Treasurer and Assessor in White Pine County, and fixing the salaries of said offices, approved March 2, 1901, is hereby amended so as to read as follows: Section 2. The Treasurer of White Pine County shall receive a salary of one thousand dollars per annum as full compensation for all services rendered by himself and deputies. |
κ1905 Statutes of Nevada, Page 43 (CHAPTER 28)κ
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Sec. 2. A new section is hereby added to said Act, to be known as Section 4, as follows: Section 4. The Sheriff of White Pine County may appoint one Deputy Sheriff who shall receive a salary of seventy-five dollars per month, and who shall, among other duties required of him, act as jailer, janitor and watchman of the Court House building. Sec. 3. This Act shall take effect immediately upon its approval. |
Deputy Sheriff.
Salary. |
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Chap. XXIX.An Act to pay the fees and expenses of a member of the State Board of Health on a trip to Goldfield, Esmeralda County, to investigate causes of epidemic existing there, and to remedy same.
[Approved February 27, 1905.]
Whereas, The Governor of this State has received certain communications from the Sheriff of Esmeralda County, and from residents of the Town of Goldfield in said county, informing him of the existence of an epidemic of smallpox in said town; and of the fact that the officers of said town are unable to cope with the situation, and in some cases have refused to act; and Whereas, The aforesaid correspondence relating to the epidemic existing in said Town of Goldfield has been transmitted by the Governor to the Senate for its consideration; and Whereas, The Committee on Public Morals of the Senate, to which the matter has been referred, has consulted with the State Board of Health in regard to the same, and has requested a member of said Board to proceed immediately to said Town of Goldfield, and use all means in his power to remedy the existing evils, and to investigate the health conditions in that town and other towns in the vicinity; therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five hundred ($500) dollars is hereby appropriated out of the General Fund, or from any moneys not otherwise appropriated, to pay the expenses of said investigation and to meet the immediately expense or correcting the existing conditions. Sec. 2. The State Controller is hereby authorized and instructed to draw his warrant in favor of the State Board of Health, for the sum of five hundred ($500) dollars, and the State Treasurer is hereby directed to pay the same. |
Preamble.
Epidemic in Goldfield.
Board of Health to investigate.
Appropriation for expense.
Duties of Controller and Treasurer. |
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κ1905 Statutes of Nevada, Page 44κ
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Salaries of Churchill County officers. Sheriff.
County Recorder.
County Clerk.
County Treasurer. County Assessor.
District Attorney.
County Commissioners.
No allowance for other deputies.
Salaries paid in monthly installments.
Repeal. |
Chap. XXX.An Act fixing the salaries and compensation of the officers of Churchill County.
[Approved February 27, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first day of April, 1905, the Sheriff of Churchill County shall receive the sum of twelve hundred dollars ($1,200) per annum, and such fees as are allowed by law in civil cases, and a deputy who shall receive the sum of seven hundred and twenty dollars ($720) per annum, which shall be compensation in full for all services rendered. Sec. 2. The County Recorder, and as ex officio Auditor, shall receive the sum of twelve hundred ($1,200) dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the country treasury each month all moneys collected by him as fees. The County Clerk, and as ex officio Clerk of the Board of County Commissioners, shall receive the sum of seven hundred and fifty ($750) dollars per annum, which shall be compensation in full for all services rendered, and he shall pay into the County Treasury each month all moneys collected by him as fees. The County Treasurer shall receive the sum of nine hundred ($900) dollars per annum. The County Assessor shall receive the sum of seven hundred and fifty ($750) dollars per annum, which shall be compensation in full for all services rendered by him or his deputy. The District Attorney shall receive the sum of nine hundred ($900) dollars per annum, and he shall also receive the sum of one hundred ($100) dollars per annum as ex officio Superintendent of Public Schools. Sec. 3. The County Commissioners shall each receive the sum of four hundred ($400) dollars per annum, which shall be compensation in full for all services rendered. Sec. 4. No allowance shall be made by the Board of County Commissioners for the compensation of any deputy or deputies for any of the officers named in this Act, except as herein expressly provided. Sec. 5. All salaries herein provided for and not otherwise payable, shall be payable monthly in twelve equal installments. The County Auditor shall on the first Monday of each month draw his warrant on the Salary Fund in favor of each of the officers named herein, for the salary due said officer for the last preceding month, and the County Treasurer shall pay said warrant out of said fund. Sec. 6. All Acts and parts of Acts in conflict with this Act are hereby repealed. |
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κ1905 Statutes of Nevada, Page 45κ
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Chap. XXXI.An Act to provide means for paying the expenses of the litigation now pending to prevent the pollution of the waters of the Truckee River.
[Approved February 27, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of three thousand dollars is hereby appropriated out of any moneys not otherwise appropriated in the State Treasury of the State of Nevada, for the purpose of defraying the expenses incurred and to be incurred in the suit of the State of Nevada, plaintiff, vs. Floriston Pulp and Paper Company, defendant, now pending in the United States Circuit Court, Ninth Circuit, Northern District of California, brought for the purpose of restraining and preventing the pollution of the waters of the Truckee River, and in any other court to which the same may be appealed, such expenditure to be paid as other claims against the State are allowed and paid, and the Board of County Commissioners of Washoe County, State of Nevada, are hereby authorized to allow against Washoe County, Nevada, an additional sum of three thousand dollars, for the purpose of defraying the expenses of said litigation, such expenditure on the part of Washoe County to be allowed and paid as other claims against Washoe County are allowed and paid. Sec. 2. This Act shall take effect from and after its passage. |
Appropriation for expenses in litigation over pollution of Truckee River.
Washoe County to appropriate money.
To take effect. |
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Chap. XXXII.An Act to amend an Act entitled An Act regulating the hours of labor on all public and municipal works, and providing a penalty for violation thereof, approved March 9, 1903.
[Approved February 27, 1905.]
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 is hereby amended so as to read as follows: Section 2. Any violation of the provisions of this Act shall be deemed a misdemeanor and shall subject the employee as well as the person or persons acting on behalf of the State, county or municipal government in the employment of such employee, to a fine of not less than ten dollars nor more than fifty dollars, and in case any contract is let for any State, county or municipal government work, the contractor or contractors violating the provisions hereof
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Penalty for violation of Act. |
κ1905 Statutes of Nevada, Page 46 (CHAPTER 32)κ
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Proviso. |
shall be punished by a fine of not less than five dollars nor more than fifty dollars for each and every man so employed by such contractor or contractors, and in addition thereto such contract shall be forfeited and be null and void; provided, that nothing herein shall be so construed as to prevent the preservation or protection of property in cases of emergency. |
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Who may contest escheats.
Court may order public sale of realty. |
Chap. XXXIII.An Act to amend an Act entitled An Act to regulate the settlement of the estates of deceased persons, approved March 23, 1897.
[Approved March 1, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two hundred and seventy-five of said Act is hereby amended so as to read as follows: Section two hundred and seventy-five. All persons, bodies politic or corporate, named in such information as terre-tenants or claimants to such estate, may appear and plead to such proceedings, and may traverse or deny the facts stated in such information-the title of the State to the estate therein mentioned-at any time on or before the return day of the citation; and any other person claiming an interest in such estate may appear and be made a defendant, and plead as aforesaid, by motion for that purpose made in open court, within the time allowed for pleading as aforesaid; and if any persons shall appear and plead as aforesaid; denying the title set up by the State, or traverse any material fact set forth in the information, or issue or issues of fact to be made up, the matter shall proceed as other civil actions on issues of fact, and a survey may be ordered as in other civil actions when the boundary is called into question; and after the issues are tried, if it shall appear from the facts that the State has a good title to the estate in the information mentioned, or any part thereof, or if no defense be made by anyone, judgment shall be rendered that the State be seized thereof, and recover costs of suit against the defendants, if any appear. Upon any judgment hereafter rendered, or that has heretofore been rendered by any court of competent jurisdiction, escheating real property to the State, on motion of the Attorney-General, or on motion of any executor or administrator having charge of such estate, the Court shall, or the Court may, upon its own motion, make an order that said real property be sold by the Sheriff of the county wherein the same is situated, at public sale, for gold coin, after giving such notice of the time and place of sale as is provided in cases of sale of property under execution; and the Sheriff shall, within ten days after such sale, make a report thereof to the Court, and upon the hearing of said report, the Court may examine the said report and witnesses in relation to the same, and if the proceedings were unfair, or the sum bid disproportionate to the value of the property sold, or if it appear that a sum exceeding such bid at least ten per cent, exclusive of the expenses of a new sale, may be obtained, the Court may vacate the sale and direct another sale to be had of which notice must be given, and the sale in all respects conducted as if no previous sale had taken place. |
κ1905 Statutes of Nevada, Page 47 (CHAPTER 33)κ
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may examine the said report and witnesses in relation to the same, and if the proceedings were unfair, or the sum bid disproportionate to the value of the property sold, or if it appear that a sum exceeding such bid at least ten per cent, exclusive of the expenses of a new sale, may be obtained, the Court may vacate the sale and direct another sale to be had of which notice must be given, and the sale in all respects conducted as if no previous sale had taken place. If an offer of ten per cent more in amount than that named in the report be made to the Court in writing, by a responsible person, the Court may, in its discretion, accept such offer, and confirm the sale to such person, or order a new sale. If it appears to the Court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, and that a greater sum than ten per cent, exclusive of the expense of a new sale, cannot be obtained, or if the increased bid above mentioned be made and accepted by the Court, the Court must make an order confirming the sale, and directing the Sheriff, in the name of the State, to execute to the purchaser or purchasers, a conveyance of said property sold; and conveyance shall vest in the purchaser or purchasers all of the right and title of the State therein, and the Sheriff shall, out of the proceeds of such sale, pay the cost of said proceedings incurred on behalf of the State, including the expenses of making such sale, and also an attorneys fee, if additional counsel was employed in such proceedings, to be fixed by the Court, not exceeding fifteen per cent on the amount of such sale, and the residue thereof shall be paid by said Sheriff into the State Treasury. In all proceedings to recover estates which have vested in the State by escheat, whenever the same has been sold as provided in this section, the party adjudged entitled thereto, shall be entitled to the proceeds of such sale paid into the State Treasury, in lieu of the real property sold, and the Court shall decree accordingly. |
County may vacate or confirm sale.
Costs and attorneys fees. |
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Chap. XXXIV.An Act to provide for the building of a dining hall at the Nevada State University at Reno, Nevada.
[Approved March 1, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents of the State University is hereby authorized and directed to erect a building upon the University Campus at Reno to be known as the University Dining Hall. Sec. 2. The University Dining Hall shall be used as a refectory or commons for the young women residing in Manzanita Hall and for the young men residing in Lincoln Hall. |
Dining hall to be built.
Use of same. |
κ1905 Statutes of Nevada, Page 48 (CHAPTER 34)κ
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Cost limited to $6,000.
Money taken from University Fund 90,000-Acre Grant, and bonds deposited.
Faith of State pledged.
Annual tax.
Sinking fund. |
Sec. 3. The building shall be of brick with stone foundation and shall not exceed in cost the sum of six thousand dollars, which sum is herewith appropriated. Sec. 4. The money hereby appropriated shall be taken from the University Fund, 90,000-Acre Grant, and, in its place, shall be deposited six bonds of the State of Nevada of one thousand dollars each, bearing interest at the rate of four per cent per annum; said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure after five years. Said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the Great Seal of the State; and each of these bonds shall State in substance that the State of Nevada owes the University Fund, 90,000-Acre Grant, one thousand dollars, the interest on which sum at four per cent per annum the State of Nevada agrees to pay during the life of said bonds for the benefit of the University of the State. Said bonds may be lithographed as is usual in similar cases and deposited with the State Treasurer. The interest on said bonds shall be paid semi-annually, on the first day of January and the first day of July of each year, on the written order of the State Board of Education to the State Controller directing him to draw his warrant for the amount of such semi-annual interest on the Contingent University Fund. All sums derived from the interest on said bonds shall be paid to the Interest Account, 90,000-Acre Grant, for the support of the University of the State and for the regular and prompt payment of which the faith and credit of the State is hereby pledged. Sec. 5. For the fiscal year beginning January first, nineteen hundred and five, and annually thereafter, such an annual tax shall be levied and included in and be a part of the annual tax levy for the Contingent University Fund, not exceeding one-eighth of one cent on each one hundred dollars, as may be necessary to pay the annual interest on said bonds and create a sinking fund for their redemption and payment at maturity; which tax, when collected, shall be held in said Contingent University Fund and applied only to the payment of said interest and bonds, as required by this Act. |
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Chap. XXXV.An Act to supply the Town of Fallon, in Churchill County, with water for extinguishment of fire and for domestic and other purposes, and to define the boundaries of said town, and other matters relating thereto.
[Approved March 1, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That A. R. Jeffrey and Thomas Dolf, their successors in interest and assigns, are hereby granted a franchise for, and shall have and possess the privilege of, supplying the Town of Fallon, in Churchill County, Nevada, and the inhabitants, residents and people of said town, with water for fire, domestic and general purposes. |
κ1905 Statutes of Nevada, Page 49 (CHAPTER 35)κ
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chise for, and shall have and possess the privilege of, supplying the Town of Fallon, in Churchill County, Nevada, and the inhabitants, residents and people of said town, with water for fire, domestic and general purposes. Sec. 2. The boundaries of said Town of Fallon, for the purposes of this Act, shall include all territory which is now embraced within the settled portion thereof, or which may be embraced or included in any official map or maps, plat or plats of said town, or of any additions thereto, which may, at any time hereafter, be filed for record with the County Recorder of said Churchill County. Sec. 3. That the franchise and privilege hereby granted to the said A. R. Jeffrey and Thomas Dolf, their successors in interest and assigns, shall include the privilege and right of way to excavate for, construct, place, maintain and operate a plant or system of water works, pipes, mains, hydrants, ditches, dams, aqueducts, bridges, flumes, tanks, reservoirs and works for the sale and distribution by said grantees, of water for domestic and irrigation purposes to the inhabitants of the Town of Fallon and vicinity, as well as for fire protection to said town, and that such franchise and right of way be granted and shall cover and apply to any and all streets, avenues, alleys and roads, and also to any and all lands belonging to the said Town of Fallon, or to the County of Churchill, and situate within or in the immediate vicinity of said Town of Fallon. Sec. 4. Said franchise and right of way is hereby granted shall continue and be in full force and effect for the period of fifty years from and after the date of granting the same, providing that nothing herein shall be so construed as affecting the right to revoke and declare said franchise forfeited for any willful failure on the part of the grantees to comply with the conditions hereof. Sec. 5. The said franchise, right of way and all rights and privileges herein and hereby granted, shall extend to and cover any and all streets, avenues, roads or alleys in said Town of Fallon or immediate vicinity, as the same are now known or designated, laid out or established, and also, such other streets, avenues, roads or alleys as may hereafter at any time, be laid out, designated or established in said town or immediate vicinity, or as the successful and profitable prosecution of the said enterprise and business may warrant and the convenience and necessities of the general public may seem to require. Sec. 6. That the pipes or mains for the carrying, conducting and distribution of water for the purposes aforesaid, may be extended from time to time, at such times and in such manner as conditions warrant and as the general welfare, convenience and necessities of the inhabitants of said town may require and as the said grantees may determine; provided, that if at any time, the inhabitants of any block or district of said town, shall require water connections to be made with their block or district, and it shall further appear that the desired connections and necessary pipes and mains for that purpose can be had and laid, having due regard to the expense and probable receipts, and further, that a majority of the inhabitants of such block or district desire to make water connections with such pipes or mains, the said grantees shall thereupon proceed, with reasonable diligence, to lay such pipes and mains for such water connections, and failing to do which, within a reasonable time, such failure shall work a forfeiture of this franchise and right of way and all privileges hereunder, as to said block or district, and, also, to the streets and alleys around, about, in or through the same. |
Franchise to supply Fallon with water.
Boundaries defined.
What franchise shall include.
Time of franchise, 50 years.
What franchise and right of way shall cover.
Pipes and mains may be extended.
Proviso. |
κ1905 Statutes of Nevada, Page 50 (CHAPTER 35)κ
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Certain failures to work forfeiture.
Ground to be left in good condition.
Hydrants must be maintained.
Conditions upon which franchise is granted. |
district of said town, shall require water connections to be made with their block or district, and it shall further appear that the desired connections and necessary pipes and mains for that purpose can be had and laid, having due regard to the expense and probable receipts, and further, that a majority of the inhabitants of such block or district desire to make water connections with such pipes or mains, the said grantees shall thereupon proceed, with reasonable diligence, to lay such pipes and mains for such water connections, and failing to do which, within a reasonable time, such failure shall work a forfeiture of this franchise and right of way and all privileges hereunder, as to said block or district, and, also, to the streets and alleys around, about, in or through the same. Sec. 7. The said grantees, after excavating for, or laying any pipes or mains as herein provided for, shall thereafter and as soon as practicable, at their own proper cost and expense, cover the same in such manner as to leave the surface smooth and level, and not to cause or create thereby or by any work, any rutholes or uneven spots or places on any of said streets, avenues, alleys or roads, and shall also and in like manner, when excavating for, or laying any pipes or mains, cause the same to be done at such times and in such way and manner as to minimize as far as possible any interference with or obstruction to the convenient use and travel over and upon such streets, avenues, alleys and roads. Sec. 8. The said grantees shall at all times during the continuance hereof, and whenever duly requested so to do by resolution of the Board of County Commissioners of said Churchill County, acting for the use and benefit of said Town of Fallon, and as soon after the passage of such resolution as practicable, fix, establish and maintain hydrants connecting with mains in such place or places as may be designated or stated in such resolution; the compensation and payment for such hydrants and fire protection thereby to be fixed at such time, manner and amount as may be mutually agreed upon by the said grantees and the said Board of County Commissioners. Sec. 9. This franchise and right of way and all rights and privileges hereby conferred, are granted on the condition that the said grantees shall commence the work of construction of said plant or water system, within six months from and after the date of the passage of this Act, and on the further condition that said grantees shall prosecute the work of construction of said plant or water system with reasonable diligence until said plant or water system shall be in a condition to afford and supply, with sufficient force of water, the necessary number of hydrants for adequate fire protection; the said hydrants to be fixed and established as hereinbefore provided. Sec. 10. This franchise shall not be forfeited or in anywise or manner affected by any delay or failure of, or on the part of the said grantees to comply with the conditions hereof, when it shall appear that such delay or failure was caused by strikes, the elements, act of God, or any unforeseen or unavoidable cause or causes. |
κ1905 Statutes of Nevada, Page 51 (CHAPTER 35)κ
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wise or manner affected by any delay or failure of, or on the part of the said grantees to comply with the conditions hereof, when it shall appear that such delay or failure was caused by strikes, the elements, act of God, or any unforeseen or unavoidable cause or causes. Sec. 11. This franchise, right of way and all rights, privileges or easements hereby granted or conferred, together with all terms and conditions imposed on the use and enjoyment of the same, shall inure and apply to the said grantees, their associates, successors in interest and assigns. |
Franchise not forfeited under certain calamities.
Rights to inure to grantees and successors. |
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Chap. XXXVI.An Act to authorize and require the Board of County Commissioners of Humboldt County, State of Nevada, to issue bonds on the property of the Town of Lovelock, in said county, for protection against fire, and matters relating thereto.
[Approved March 1, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of providing protection against fire in the Town of Lovelock, the Board of County Commissioners of Humboldt County, State of Nevada, is hereby authorized and required to, within thirty (30) days from and after the approval of this Act, issue bonds for a sum not exceeding twelve thousand ($12,000) dollars, in United States gold coin, none of which said bonds shall be issued for a period longer than fifteen (15) years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred ($100) dollars each, shall be numbered consecutively and shall bear interest at a rate not to exceed six per centum per annum, which said interest shall be payable annually at such annual date as the Board of County Commissioners shall fix at the time of issuing said bonds, the coupons for such payment of interest to be attached to each of said bonds, said coupons to be numbered consecutively and signed by the Chairman of the said Board and the County Treasurer. Said bonds shall purport that there is due the holder thereof from the County of Humboldt, State of Nevada, a sum of money to be expressed therein. Sec. 3. The principal of said bonds shall be made payable as follows: Eight hundred ($800) dollars of said bonds shall be made payable January first, A. D. one thousand nine hundred and six (1906), and the remainder shall be made payable in annual payments of eight hundred ($800) dollars thereafter, none of which bonds shall run for a period longer than fifteen (15) years from the date thereof. Sec. 4. The bonds and coupons herein provided for shall be signed by the Chairman of the Board of County Commissioners and the County Treasurer, countersigned by the County Clerk and authenticated with the county seal of said Humboldt County. |
Fire protection of Lovelock.
Commissioners to issue bonds.
Denomination of bonds.
Interest not more than 6 per cent.
Principal payable, when.
Not to run longer than 15 years. |
κ1905 Statutes of Nevada, Page 52 (CHAPTER 36)κ
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Bonds signed by whom.
Lovelock Fire Department Fund.
Treasurer liable.
Boundaries of Lovelock defined.
Additional tax levy authorized.
Lovelock Fire Department Interest Fund.
Providing for payment of bonds. |
be signed by the Chairman of the Board of County Commissioners and the County Treasurer, countersigned by the County Clerk and authenticated with the county seal of said Humboldt County. Sec. 5. Said bonds shall be sold at not less than their par value, and all moneys received from the sales thereof shall be paid into the county treasury, and the County Treasurer of Humboldt County is hereby required to receive and safely keep the same in a fund to be known as the Lovelock Fire Department Fund, and to pay out said money only on warrants properly authenticated by the County Auditor, upon bills duly allowed by the Board of County Commissioners. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands and for the faithful discharge of his duties in relation thereto. Sec. 6. The boundaries of said Town of Lovelock for the purposes of this Act shall be, and are hereby made, the same as define the boundaries of said town and the town site of Lovelock, as shown on the map and plat of said town or town site last adopted and approved by the Board of County Commissioners and on file and of record in the office of the County Recorder of said Humboldt County, Nevada. Sec. 7. For the purpose of providing for the payment of the interest upon said bonds, the Board of County Commissioners of said Humboldt County, Nevada, are hereby authorized and specifically required, at the time of the annual levy of taxes for State and county purposes for the year nineteen hundred five (1905), and annually thereafter, until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Lovelock such tax as in their judgment will, for the year nineteen hundred five (1905) and for each year thereafter, produce the amount of money necessary to pay the interest on said bonds, as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes; shall be paid into the county treasury and kept by the Treasurer in a fund to be known as the Lovelock Fire Department Interest Fund, and the money in said fund shall be disbursed by the Treasurer in payment of the interest upon said bonds as the same becomes due, upon presentation and surrender by the holder of the coupons therefor. Sec. 8. For the purpose of providing for the payment of the bonds hereby authorized and required to be issued, the Board of County Commissioners of Humboldt County is hereby authorized and specifically required, at the time of the annual levy of taxes for the year nineteen hundred five (1905), and annually thereafter until all of said bonds are redeemed and canceled, to levy upon the property of said Town of Lovelock a tax sufficient to raise the sum of eight hundred ($800) dollars for the year nineteen hundred five (1905) and for each thereafter, sufficient to pay the principal of said bonds, issued under the provisions of this Act, which will become due during the next ensuing year. |
κ1905 Statutes of Nevada, Page 53 (CHAPTER 36)κ
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(1905) and for each thereafter, sufficient to pay the principal of said bonds, issued under the provisions of this Act, which will become due during the next ensuing year. The taxes so levied shall be assessed and collected as other taxes are assessed and collected, shall be paid into the county treasury and by the County Treasurer assigned to the General Fund of said Humboldt County. At the maturity of said bonds they shall be paid by the County Treasurer out of the said General Fund of said county, upon the presentation and surrender of said bonds. If the tax so as aforesaid levied for the interest on, and the redemption of, said bonds should exceed the sum of eight hundred ($800) dollars a year, whenever the aggregate amount of money collected shall equal the full sum necessary to redeem all of said bonds outstanding and unredeemed, the tax hereby authorized for said purpose shall cease, and, should there be any excess over and above the amount necessary for the redemption of all unredeemed bonds and the payment of all interest thereon, the amount of such excess shall remain in or be transferred to the said Lovelock Fire Department Fund, to be used for the purpose of maintaining the system of fire protection authorized by this Act to be installed. Should the amount of said tax realized up to and including the year nineteen hundred twenty (1920) be less than the amount necessary for the redemption of all outstanding and unredeemed bonds, and the payment of the interest accrued thereon, they shall nevertheless be redeemed and paid out of the General Fund as herein provided, and a special tax shall be levied by the Board of County Commissioners upon the property within said Town of Lovelock for the year nineteen hundred twenty-one (1921) sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the usual manner and paid into the General Fund of said Humboldt County. Sec. 9. The County Clerk shall keep a record of all proceedings under the provisions of this Act, showing the number and date of each bond, and to whom issued. Sec. 10. Whenever the County Treasurer shall pay any of the bonds authorized by this Act, or the coupons for interest thereon, he shall cancel the same by writing across the face thereof the word Paid, together with the date of such payment, sign his name thereto and file the same in his office. The interest on the bonds authorized to be issued by this Act shall cease to run whenever the bonds, by the terms thereof, become due and payable; provided, that, at the time such bonds become due and payable, there are funds on hand to meet the payment thereof. Sec. 11. The Board of County Commissioners of Humboldt County are hereby authorized and required to, as soon as the bonds authorized by this Act have been disposed of and the money from the sale thereof deposited in the said Lovelock Fire Department Fund, secure the services of a competent engineer, whose compensation shall not exceed the sum of two hundred fifty ($250) dollars, and who shall, forthwith upon his being engaged, proceed to plan and map the fire system to be installed in said Town of Lovelock, which system shall cover and include all the property included in said town according to the map thereof referred to in section six of this Act, with full and complete and detailed specifications therefor, including the size of the main and lateral water pipes, the hydrants and hose, the number of feet and size of pipe required, the depth to which same must be laid, the character and kind of pipe to be used, the number and character of fire plugs or hydrants to be installed, the size and kind of all buildings required for properly housing the power plant of said system to protect same against freezing and the weather, the number of feet of hose and the character and number of hose carts to be provided, and all other items and specifications appurtenant to a fully equipped and efficient fire system for said town, or necessary for properly completing the same. |
Providing for payment of bonds.
Clerk to keep record.
Treasurer to cancel coupons or bonds.
Interest to cease. Proviso.
Commissioners to engage engineer. |
κ1905 Statutes of Nevada, Page 54 (CHAPTER 36)κ
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Compensation.
Commissioners to advertise for proposals.
Various provisos. |
competent engineer, whose compensation shall not exceed the sum of two hundred fifty ($250) dollars, and who shall, forthwith upon his being engaged, proceed to plan and map the fire system to be installed in said Town of Lovelock, which system shall cover and include all the property included in said town according to the map thereof referred to in section six of this Act, with full and complete and detailed specifications therefor, including the size of the main and lateral water pipes, the hydrants and hose, the number of feet and size of pipe required, the depth to which same must be laid, the character and kind of pipe to be used, the number and character of fire plugs or hydrants to be installed, the size and kind of all buildings required for properly housing the power plant of said system to protect same against freezing and the weather, the number of feet of hose and the character and number of hose carts to be provided, and all other items and specifications appurtenant to a fully equipped and efficient fire system for said town, or necessary for properly completing the same. Upon the filing by said engineer of said plans, maps and specifications, and the acceptance of same by said Board, said engineers claim for services shall be allowed in the same manner as claims against the county are allowed, and shall be paid out of said Lovelock Fire Department Fund. Sec. 12. Upon the filing with the Board of County Commissioners as aforesaid of said plans and specifications, said Board shall immediately advertise, in some newspaper published in Humboldt County, Nevada, in some newspaper published in the City of San Francisco, California, and by giving or sending out such other written notices as it may deem advisable, for sealed proposals for the installation of said fire plant and system according to the plans and specifications furnished by said engineer as provided in Section 11; provided, that said Board may, before advertising as aforesaid for proposals, alter said plans and specifications in such manner as may in its judgment be necessary for the proper and complete installation and the efficient equipment of said fire plant and system. Such advertisement shall run for a period not to exceed three weeks, at the expiration of which said Board shall proceed to open said proposals, and shall award the contract for the installation of said system to the lowest and best bidder; provided, that said Board may reject any and all bids; and provided further, that no bid shall be considered and no contract awarded for an amount exceeding eleven thousand ($11,000) dollars. If no contract be awarded after the first advertisement as aforesaid, said Board shall immediately proceed to readvertise for bids, in the manner above provided, making, if necessary, such alterations in the plans and specifications provided as may reduce the cost but not impair the ultimate efficiency of the plant and system, and shall continue to so advertise until proposals are received that come within the provisions of this Act; provided, that no advertisement shall run for a period exceeding three weeks. |
κ1905 Statutes of Nevada, Page 55 (CHAPTER 36)κ
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that come within the provisions of this Act; provided, that no advertisement shall run for a period exceeding three weeks. The bidder to whom any contract is let under the provisions of this Act shall, before said contract is executed to him, enter into a bond to the County of Humboldt, State of Nevada, in the sum of five thousand ($5,000) dollars conditioned for the faithful and honest carrying out of said contract in compliance with all the provisions thereof, which said bond must be approved by said Board of County Commissioners. Sec. 13. Upon the completion of said contract, and upon the formal acceptance of the work and the system by the Board of County Commissioners, which acceptance shall be made only after a fair and thorough trial and test of the plant and system upon its completion, the claim of the contractor shall be allowed, approved and audited in the same manner as claims against the county are allowed, approved and audited, and shall be paid by the Treasurer out of the moneys in the Lovelock Fire Department Fund; provided, that said claim shall not be allowed or paid for a sum exceeding eleven thousand ($11,000) dollars. Sec. 14. If, after the completion and acceptance of said plant and system and the payment therefor, there remain anything to be furnished said system to fully equip the same for immediate use, said Board of County Commissioners shall immediately furnish such items of equipment as may be necessary, the cost of same to be paid out of said Lovelock Fire Department Fund, and the claims therefor to be allowed, audited and paid as claims against the county are allowed, audited and paid. Sec. 15. If, after the full completion and equipment of said plant and system, there remain any moneys in said Lovelock Fire Department Fund, seventy-five (75) per centum of the moneys so remaining shall be transferred to the General Fund of said Humboldt County, and the amount so transferred shall be applied to the redemption of bonds authorized by this Act to be issued; and the other twenty-five (25) per centum so remaining in said fund shall be retained therein for the maintenance of said system. Sec. 16. The expense of preparing and issuing the bonds provided for by this Act shall be paid out of the General Fund of Humboldt County, and, after the sale of said bonds, an amount sufficient to reimburse said General Fund shall be transferred thereto from said Lovelock Fire Department Fund. Sec. 17. The faith of the State of Nevada is hereby pledged that this Act shall not be repealed, nor taxation thereby imposed omitted, until all the bonds and coupons issued under and by virtue hereof shall have been paid in full. |
Sureties required.
Claims allowed.
Proviso.
Commissioners to fully equip department.
Residue transferred, how.
Expense of bonds paid from County General Fund.
Faith of State pledged. |
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κ1905 Statutes of Nevada, Page 56κ
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Goldfield School Trustees authorized to issue $10,000 bonds.
Denomination.
Interest not exceeding 7 per cent. Trustees authorized to purchase land and erect buildings.
Officers to sign bonds, etc.
Moneys to be paid into county treasury.
Treasurer liable.
Additional tax authorized. |
Chap. XXXVII.An Act to authorize the Trustees of Goldfield School District No. 4, of the Town of Goldfield, Esmeralda County, Nevada, to issue bonds for school purposes.
[Approved March 2, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of School Trustees of Goldfield School District Number 4 of the Town of Goldfield, Esmeralda County, State of Nevada, are hereby authorized to issue bonds for a sum not exceeding ten thousand dollars in United States gold coin, none of which bonds shall run for a period longer than ten years from the date thereof. Sec. 2. Said bonds shall be issued for sums not less than one hundred dollars each, payable in gold coin, and shall bear interest at a rate not exceeding seven per cent per annum, payable annually; they shall be payable to bearer and coupons for each installment of interest shall be attached to each bond. Sec. 3. The said Board of Trustees are hereby authorized to purchase a suitable plot of ground in said Town of Goldfield, centrally and conveniently located, and build thereon a school house with the necessary and proper outhouses and appurtenances, the aggregate cost of said land, building and other improvements not to exceed the sum of ten thousand dollars, and the said Board of Trustees shall immediately proceed to issue the bonds herein provided for, and when the same are disposed of shall proceed, with due diligence to purchase said land, erect said building and make said improvements in accordance with the provisions of this Act. Sec. 4. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of the Board of Trustees of said Goldfield School District and countersigned by the County Treasurer of said Esmeralda County. Sec. 5. All moneys received from the sale of said bonds shall be paid into the county treasury and the County Treasurer is hereby required to receive and safely keep the same in a fund to be known as the Goldfield School District Number Four Building Fund, and to pay out said moneys only on warrants signed by the Chairman and Clerk of said Board of School Trustees, and duly allowed by the Board of County Commissioners of said Esmeralda County. The County Treasurer shall be liable on his official bond for the safe keeping of said moneys which shall come into his hands, and for the faithful discharge of his duties in relation thereto. Sec. 6. For the purpose of providing for the payment of the interest upon said bonds, the Board of County Commissioners of said Esmeralda County are hereby authorized and required, on the first Monday in March, nineteen hundred and five, and annually thereafter, at the time of the annual levy to [of] taxes for State and county purposes, to levy upon the property situated within said school district, and including the net proceeds of mines, such an additional tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds, as herein provided. |
κ1905 Statutes of Nevada, Page 57 (CHAPTER 37)κ
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[of] taxes for State and county purposes, to levy upon the property situated within said school district, and including the net proceeds of mines, such an additional tax as in their judgment will produce the amount of money necessary to pay the interest upon said bonds, as herein provided. The taxes so levied shall be assessed and collected in the manner of the assessment and collection of other taxes, and shall be paid into the county treasury and kept by the Treasurer in a fund to be known as the Goldfield School District Number Four Interest Fund, and the moneys in said fund shall be disbursed by said Treasurer in payment of the interest on said bonds as the same becomes due upon presentation and surrender by the holder of the coupons therefor. Sec. 7. To provide for the payment of the bonds herein authorized to be issued, the said Board of County Commissioners shall on the first Monday in March in the year nineteen hundred and five, and annually thereafter, at the time of levying taxes for State and county purposes, and in the same manner, levy a special and additional tax upon all the property situated within the said Goldfield School District Number Four, including the net proceeds of mines, sufficient in their judgment to raise the sum of one thousand dollars each year, which shall be assessed and collected in the same manner that other taxes are assessed and collected, and the same shall be paid to the County Treasurer of said Esmeralda County and by him apportioned and assigned to the General Fund of said county. At the maturity of said bonds, they shall be paid by the County Treasurer out of the General Fund of the said county, upon the presentation and surrender of said bonds. If the tax so as aforesaid levied for the redemption of said bonds should exceed the sum of one thousand dollars a year, whenever the aggregate amount of money so collected shall equal the full sum necessary to redeem said bonds, the tax hereby authorized for such purpose shall cease, and should there be any excess, over and above the sum of ten thousand dollars, the amount of such excess shall be transferred to the School Fund of said district. Should the amount of said tax realized up to and including the year nineteen hundred and fifteen be less than the amount necessary for the redemption of said bonds, they shall, nevertheless, be redeemed and paid of the said General Fund as herein provided, and a special tax shall be levied by the said Board of County Commissioners upon the property situated within the said school district for the year nineteen hundred and sixteen, sufficient to cover said deficiency, which tax shall be levied, assessed and collected in the manner of the assessment and collection of other taxes, including the net proceeds of mines, and paid into the General Fund of said county. |
Goldfield School District No. 4 Interest Fund. Providing for payment of bonds.
Tax to cease, when. |
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κ1905 Statutes of Nevada, Page 58κ
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Mining and Metallurgical Laboratory authorized.
Cost limited to $7,000.
Equipments not to exceed $9,000 in cost.
Appropriation.
State bonds at 4 per cent.
Signed by State officers.
Interest.
To go into General Fund. |
Chap. XXXVIII.An Act to provide for the building and equipment of a Mining and Metallurgical Laboratory at the Nevada State University at Reno, Nevada.
[Approved March 2, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents of the State University is hereby authorized and directed to construct and equip a suitable building upon the University Campus at Reno, to be known as a Mining and Metallurgical Laboratory, and to be used for instruction and research in mining, assaying, and metallurgy. Sec. 2. The building shall be of brick with stone foundation and shall not exceed in cost the sum of seven thousand dollars. Sec. 3. The equipment of said Mining and Metallurgical Laboratory with all the necessary mining and metallurgical machinery and with the needed appliances and apparatus for instruction and practical work in mining, assaying, and metallurgy shall not exceed the sum of nine thousand dollars. Sec. 4. The sum of sixteen thousand dollars (seven thousand dollars of which are for the building and nine thousand dollars for the machinery and appliances) is hereby appropriated. Sec. 5. The money hereby appropriated shall be taken from the State School Fund and, in its place, shall be deposited sixteen bonds of the State of Nevada of one thousand dollars each, bearing interest at the rate of four per cent per annum; said bonds shall run for twenty years, but shall be redeemable by the State at its pleasure after two years. Said bonds shall be signed by the Governor and State Controller, countersigned by the State Treasurer, and authenticated with the Great Seal of the State; and each of these bonds shall state in substance that the State of Nevada owes its State School Fund one thousand dollars, the interest on which sum at four per cent per annum the State of Nevada agrees to pay during the life of said bonds for the benefit of the common schools of the State. Said bonds may be lithographed as is usual in similar cases and deposited with the State Treasurer. The interest on said bonds shall be paid semi-annually, on the first day of January, and the first day of July of each year, on the written order of the State Board of Education to the State Controller, directing him to draw his warrant for the amount of such semi-annual interest on the Contingent University Fund. All sums derived from the interest on said bonds shall be paid into the General School Fund for the support of the common schools of the State and for the regular and prompt payment of which the faith and credit of the State is hereby pledged. |
κ1905 Statutes of Nevada, Page 59 (CHAPTER 38)κ
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Sec. 6. For the fiscal year beginning January first, nineteen hundred and five, and annually thereafter, such an annual tax shall be levied and included in and be a part of the annual tax levy for the Contingent University Fund, not exceeding three-eighths of one cent on each one hundred dollars, as may be necessary to pay the annual interest on said bonds and create a sinking fund for their redemption and payment at maturity, which tax, when collected, shall be held in said Contingent University Fund and applied only to the payment of said interest and bonds, as required by this Act. |
Annual tax levy. |
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Chap. XXXIX.An Act to establish an Agricultural Experiment Farm in the southeastern part of this State and making an appropriation therefor.
[Approved March 2, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An Agricultural Experiment Farm for the purpose of making experiments and diffusing information in agriculture, horticulture and gardening in the semi-tropical part of this State is hereby established in the southeastern part of this State, the same to be located as hereinafter provided. Sec. 2. A commission of three persons is hereby created, to be appointed by the Governor, whose duty it shall be, within four months after the approval of this Act, to visit the southeastern part of this State situated in the semi-tropical region and select a site for the location of said Agricultural Experiment Farm. Said commission shall serve without compensation, but they shall have their actual expenses, and the same shall be paid when approved by the State Board of Examiners. Sec. 3. The said commission, or a majority thereof, shall have full power to select the site for said farm, and, when so selected, they shall certify the same to the Governor of the State. Any vacancy that may occur in said commission shall be filled by the Governor. Sec. 4. As a condition to the location of said Agricultural Experiment Farm, the county in which said commission shall decide to locate the same shall vest in the State a good and sufficient title to the land, with good and adequate water right for the successful operation of said Agricultural Experiment Farm. Upon the acceptance by the Governor of the State of the title to said land, said title to be approved by the Attorney-General, the State shall establish at such place an Agricultural Experiment Farm, to be under the control and management of the Board of Control of the Nevada Agricultural Experiment Association. |
Agricultural Experiment Farm in Southeastern Nevada established.
Commission of three persons created.
To serve without compensation.
Commission shall select site.
County to vest title in State. |
κ1905 Statutes of Nevada, Page 60 (CHAPTER 39)κ
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Appropriation of $10,000. |
Sec. 5. For the purpose of maintaining said Agricultural Experiment Farm for the years 1905 and 1906, and for the erection of suitable buildings upon the land to be given as provided in section four of this Act, the sum of ten thousand dollars is hereby appropriated out of any moneys in the General Fund of the State Treasury not otherwise appropriated, and the State Controller is hereby directed to draw his warrant upon the State Treasurer in favor of the claimants under this appropriation when their claims have been approved by the Director of the Station, by the Board of Control and by the State Board of Examiners. |
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Desecration of cemeteries a misdemeanor.
Penalty
Repeal. |
Chap. XL.An Act to prevent the destruction of gravestones, monuments, vaults, and other cemetery property, and to prevent the pasturing of live stock within any enclosed private or public cemetery.
[Approved March 2, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person or persons who shall willfully, unlawfully, and maliciously break, destroy or injure in any manner, any monument, gravestone, curbing or vault in any enclosed private or public cemetery, or who shall pasture or caused to be pastured, any live stock of any description within the same, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined in any sum not exceeding three hundred dollars, or imprisoned in the county jail for a term not exceeding six months or by both such fine and imprisonment. Sec. 2. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. |
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Preamble. |
Chap. XLI.An Act to authorize the School Trustees of School District No. 29, in the Town of Sparks, Washoe County, Nevada, to acquire, by purchase or gift, a school-house site, and to erect school buildings and make other improvements thereon; and to issue and sell bonds for said, and other, school purposes, and to provide for the payment of the said bonds, with interest, and other matters.
[Approved March 7, 1905.]
Whereas, The proposition of bonding Sparks School District No. 29, in Washoe County, Nevada, in the sum of thirty-five thousand ($35,000) dollars for school purposes, was, on the 23d day of May, 1904, duly submitted to the qualified electors of the said district; and |
κ1905 Statutes of Nevada, Page 61 (CHAPTER 41)κ
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Whereas, The vote thereon was unanimously in the affirmative; therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Trustees of School District No. 29, in the Town of Sparks, Washoe County, Nevada, is hereby authorized to issue bonds on the faith and credit of the said School District for a sum not to exceed thirty-five ($35,000) dollars, in United States gold coin, none of which bonds shall run for a period longer than twenty-five (25) years from the first day of July, 1905. Sec. 2. Each of said bonds shall be issued in the amount of one thousand ($1,000) dollars, payable in gold coin, and shall be sold at not less than its par value, and shall bear interest from, but not before, the first day of July, 1905, at a rate not to exceed five per centum per annum, payable semiannually on the first days of January and July in each and every year until its maturity. No bond shall bear interest after maturity. Each of the said bonds shall be payable to bearer, and coupons shall be attached to each bond for each installment of interest to accrue on such bond. The said bonds shall be numbered consecutively from one to thirty-five, and the bond numbered one shall be made redeemable on the first day of July, 1908, and two bonds shall be made redeemable on the first day of July in each and every year thereafter, according to the numerical order of said bonds, up to and including the year 1925. Sec. 3. The bonds and coupons herein provided for shall be signed by the Chairman and Clerk of the said Board of Trustees, and countersigned by the County Treasurer of Washoe County. Sec. 4. All moneys received from the sale of the said bonds shall be paid into the county treasury of Washoe County, and the County Treasurer of Washoe County is hereby required to receive and safely keep the said moneys in a fund to be known as The School District No. 29 Building Fund, and to pay out the said moneys only on warrants duly signed by the said Board of Trustees and approved by the County Superintendent of Schools of Washoe County. The County Treasurer shall be liable, on his official bond, for the safe keeping of the said moneys which shall come into his hands under the provisions of this Act, and for the faithful discharge of his duties in relation thereto. Sec. 5. To provide for the payment of interest upon the bonds herein authorized to be issued, the Board of County Commissioners of said Washoe County is hereby authorized and directed, in the year 1905, and annually thereafter to and including the year 1925, at each time in each of said years when the regular annual levy of taxes for State and county purposes is made, to levy, upon all the property situate within the said School District No. |
Sparks School Trustees authorized to issue $35,000 bonds, not to run longer than 25 years. Denomination.
Interest not over 5 per cent
To be signed.
School District No. 29 Building Fund.
Treasurer liable.
Providing for payment of interest. |
κ1905 Statutes of Nevada, Page 62 (CHAPTER 41)κ
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For payment of principal.
Additional tax.
School District No. 29 interest and Redemption Fund.
Tax to cease, when. |
within the said School District No. 29, a special and additional tax in an amount sufficient in the judgment of the said Board to produce such an amount of money as may be required for the payment of all unpaid interest accrued upon all the said bonds at any time, and of all interest to accrue upon all the said bonds for the current year. Sec. 6. To provide for the payment of the principal of the said bonds herein authorized to be issued, the said Board of County Commissioners is hereby authorized and directed, in the year 1908, and annually thereafter, to and including the year 1925, at each time in each of said years when the regular annual levy of taxes for State and county purposes is made, to levy a special and additional tax upon all the property situate within the said School District No. 29. The special and additional tax to be levied as aforesaid for the year 1908 shall be in an amount sufficient in the judgment of the said Board of County Commissioners to produce in cash the sum of one thousand ($1,000) dollars, and each of the special and additional taxes to be levied annually thereafter as aforesaid shall be in an amount sufficient in the judgment of the said Board to produce in cash the sum of two thousand ($2,000) dollars. Sec. 7. All the special and additional taxes to be levied as hereinabove provided for the payment of interest upon the bonds herein authorized, and for the payment of the principal of the said bonds, shall be assessed and collected in the same manner as that in which taxes for State and county purposes are assessed and collected, and shall be paid to the County Treasurer, who shall keep the moneys so collected in the county treasury in a fund to be known as The School District No. 29 Interest and Redemption Fund. The said Treasurer shall pay, out of the said fund, both the interest upon the said bonds, as the said interest becomes due, upon due presentation and surrender by each holder of his or her matured interest coupon or coupons, and the principal of the said bonds, as the principal of each bond becomes due upon the maturity of such bond, when such bond is duly presented and surrendered by the holder thereof. Sec. 8. If the amount of money which shall be accumulated, as hereinabove provided in the said Interest and Redemption Fund, shall be, at any time, in excess of the amount of money necessary for the redemption of all of the said bonds, including all of the interest at any time to accrue on all the said bonds, the special and additional taxes hereinabove authorized shall not afterwards be levied, and the amount of such excess shall be transferred by the County Treasurer to the credit of the School Fund of said District No. 29. If the amount of money which shall be accumulated as hereinabove provided in the said Interest and Redemption Fund shall be, at any time, insufficient for the payment of any matured and duly presented and surrendered interest coupon, or for the payment of the principal of any matured and duly presented and surrendered bond, such coupon or bond shall nevertheless be paid by the County Treasurer out of the General Fund of Washoe County, and the aggregate amount of all the coupons and bonds so paid shall be repaid into the said General Fund by a special and additional tax which shall be levied for that purpose upon all the property situate within the said School District No. |
κ1905 Statutes of Nevada, Page 63 (CHAPTER 41)κ
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or for the payment of the principal of any matured and duly presented and surrendered bond, such coupon or bond shall nevertheless be paid by the County Treasurer out of the General Fund of Washoe County, and the aggregate amount of all the coupons and bonds so paid shall be repaid into the said General Fund by a special and additional tax which shall be levied for that purpose upon all the property situate within the said School District No. 29, at the time of the next levy of taxes for State and county purposes, and which shall be assessed and collected in the same manner as that in which the said taxes for State and county purposes are assessed and collected. Sec. 9. The said Board of Trustees is hereby authorized to purchase a school-house site in the said Town of Sparks, or to receive by gift or donation such lands as may be desired by them for such school-house site, and to build thereon a school building or buildings, with necessary and proper outhouses and appurtenances, and to furnish the same, the aggregate cost of said land, if purchased, buildings, furnishings, and other improvements not to exceed the sum of thirty-five thousand ($35,000) dollars; or, if the said land be acquired by gift, the aggregate cost of said buildings, furnishings, and other improvements not to exceed the said sum of thirty-five thousand ($35,000) dollars. Sec. 10. The said Board of Trustees shall immediately proceed to issue the bonds herein provided for. The said Board shall advertise that it will receive sealed proposals for the purchase of the said bonds, which advertisement shall be published for at least thirty days in at least one newspaper published in Washoe County, Nevada; and the said Board may sell the said bonds, after due publication of the said advertisement for the said period, only to the highest bidder or bidders therefor. The said Board may, in its discretion, advertise the said bonds as aforesaid in newspapers published without the said Washoe County, but no advertisement shall be published in any one newspaper published without the said county for a period longer than thirty days. When the said bonds shall have been sold, and when the proceeds of such sale shall have been paid into the county treasury of Washoe County as hereinabove provided, the said Board shall proceed with due diligence to purchase a school-house site, if the same shall not have been before then acquired by gift, and to erect thereon the school buildings and improvements hereinabove provided for. The said Board of Trustees is hereby authorized to employ a competent architect to supervise the construction of the said buildings, and to pay such supervising architect, for his full services during such construction period, a sum not to exceed one and one-half (1 1/2) per cent) per centum of the estimated cost of construction of the said buildings, but no person shall be employed as supervising architect who is related to, or connected in business with, any member of the said Board of Trustees, the contractor, or the builder. |
To be paid out of County General Fund, when.
Trustees authorized to purchase land, or receive gift of same
Cost limited to $35,000.
Trustees shall issue bonds immediately and advertise sale of same.
Supervising architect.
Compensation limited. |
κ1905 Statutes of Nevada, Page 64 (CHAPTER 41)κ
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Liberally construed. |
business with, any member of the said Board of Trustees, the contractor, or the builder. Sec. 11. The provisions of this Act shall be liberally construed. |
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County Boards of Health created. Composition.
Duties of said Board.
Proviso.
Penalty for noncompliance with mandates of Board.
Effect. |
Chap. XLII.An Act to create a County Board of Health in each of the several counties of the State of Nevada.
[Approved March 2, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Each of the several counties of the State of Nevada shall established [establish] a County Board of Health to consist of the County Physician, the Sheriff and Board of County Commissioners of said county, and the County Physician to act as Chairman of said Board. Sec. 2. It shall be the duty of the said County Board of Health to oversee all sanitary conditions of the respective county in which the Board is created, and to supervise, control and enforce such health regulations as will best subserve the health and cleanliness of their respective counties. Said Board shall act in conjunction with, and under the supervision of the State Board of Health; provided, however, that in cases of emergency, possibly [possible] contagion or those demanding speedy and immediate attention the said Board may act independently, and shall report at once to the State Board of Health. And any person, firm, association, or corporation, refusing or neglecting, within five days after having been duly notified in writing, to comply with the requirements of such regulations, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail for a period not less than twenty-five days nor more than one hundred days, or by both such fine and imprisonment. Sec. 3. This Act shall go into effect immediately upon its passage. |
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Chap. XLIII.An Act to amend an Act entitled an Act to amend an Act entitled An Act to provide for uniform examinations for teachers certificates and other matters properly connected therewith, approved March 6, 1893, approved February 18, 1895.
[Approved March 7, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of said Act is hereby amended to read as follows: |
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Section one. Examinations for teachers certificates in this State shall be held in the several counties semi-annually, beginning on the second Monday in January and July and continuing not more than four days at any one examination; provided, that the interest of the schools in any county requires such examinations. Examinations shall not be held at other times than are herein specified, except with the consent and authorization of the State Board of Education. |
Examinations for teachers certificates. |
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Chap. XLIV.An Act to provide for the purchase of a chemical fire extinguisher at the Nevada State University at Reno, Nevada, and making an appropriation therefor.
[Approved March 2, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Board of Regents of the State University is hereby authorized and directed to purchase a chemical fire extinguisher with cart, hose and other necessary apparatus for the better protection of the University buildings against fire. Sec. 2. The sum of six hundred and seventy-five dollars is hereby appropriated out of the money in the General Fund of the State Treasury not otherwise appropriated for the purpose of carrying out the provisions of this Act. Sec. 3. When the Regents of the University and the State Board of Examiners shall have approved the claims upon this appropriation, the State Controller shall draw his warrants for allowances made under the provisions of this Act and the State Treasurer shall pay the same. |
Purchase of fire extinguisher for State University. Appropriation of $675.
Payment of claims. |
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Chap. XLV.An Act to amend Section 3 of an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March 20, 1865.
[Approved March 2, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of an Act entitled An Act to provide for the maintenance and supervision of public schools, approved March 20, 1865, is hereby amended so as to read as follows: Section 3. The School Census Marshals report must be made before the Clerk of the Board of School Trustees of the school district for which said School Census Marshal is appointed, upon blanks furnished by the Superintendent of Public Instruction, and must show:
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Amending school laws.
School Census Marshals report. |
κ1905 Statutes of Nevada, Page 66 (CHAPTER 45)κ
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What report must show.
Oath.
New report, when.
Report must be approved. |
appointed, upon blanks furnished by the Superintendent of Public Instruction, and must show: First-The number, age, sex, color, and nationality of the children listed. Second-The name of the parents or guardians of said children. Third-Such other facts as the Superintendent of Public Instruction may designate. Fourth-The Census Marshal shall have power to administer oath to parents or guardians. Fifth-If at any time the County Superintendent has reason to believe that a correct report has not been returned, he may appoint a Census Marshal, have the census retaken, and the compensation for the same shall be audited by the County Commissioners, and paid out of the County General Fund. Sixth-Said report must be approved by the Clerk of the Board of Trustees of the school district for which said School Census Marshal is appointed, before the same is sent to the County Superintendent of Schools. |
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State to be divided into water districts. |
Chap. XLVI.An Act amendatory of and supplemental to an Act entitled An Act providing for the cooperation of the State of Nevada with the Secretary of the Interior of the United States in the construction and administration of irrigation works for the reclamation of arid lands in the State of Nevada, for the measurement, appropriation and distribution of water, determination of water rights, preserving and certifying records thereof, creating officers for the enforcement hereof, defining the tenure of office, powers and duties and fixing their compensation; providing for penalties for infringements hereof, and enacting a standard measure of water, and conferring upon the Secretary of the Interior such rights and powers under the laws of Nevada as are necessary to enable him to carry out and execute an Act of the Congress of the United States, approved June 17, 1902, entitled An Act appropriating the receipts from the sale and disposal of public lands in certain States and Territories, to the construction of irrigation works for the reclamation of arid lands, approved February 16, 1903.
[Approved March 1, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2 of said Act is hereby repealed. Sec. 2. Section 18 of said Act is hereby amended so as to read as follows: Section 18. The said Board of Irrigation shall divide the State of Nevada into such water division or water districts as seem to it advisable, and may change the same from time to time. |
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to time. It may appoint Water Commissioners, whose duty it shall be to measure and divide amongst the appropriators the water of such streams according to priority of right and the amount to which each is entitled. It may make such rules and regulations as to it shall seem advisable for the proper and economical administration of the waters of such streams and may fix penalties for the violation of such rules and regulations. Sec. 3. Six new sections are hereby added to said Act which shall be known as section twenty-three, section twenty-four, section twenty-five, section twenty-six, section twenty-seven, and section twenty-eight; and section twenty-three of said Act shall be known and numbered section twenty-nine: Section twenty-three. Any person, association or corporation desiring to appropriate any of the public waters shall before performing any work in connection with such appropriation make an application to the State Engineer for permission to make the same. Said application shall set forth the name and postoffice address of the applicant, the source from which said appropriation shall be made, the amount thereof, location of proposed works in connection therewith, the time required for their completion, said time to include the period required for construction of ditches or other works and the time at which the application of the water to beneficial use shall be made, which time shall be limited to that required for completion of the work when prosecuted with diligence, the purpose for which the appropriation is desired, and if for irrigation a description of the land to be irrigated and the area thereof, and any additional facts required by the State Engineer. On receipt of this application, which shall be of a form prescribed by the State Engineer and to be furnished by him without cost to the applicant, it shall be his duty to make a record thereof in his office, and to carefully examine the same to ascertain whether it sets forth all facts necessary to determine the nature and amount of the proposed appropriation. If the application be defective it shall be the duty of the State Engineer to return the same to the applicant for correction, and sixty days shall be allowed for the refiling thereof. If refiled, corrected in proper form, within such time, the application shall, upon being accepted, take priority as of date of original filing, subject to compliance with the further provisions of the law and the regulations hereunder. Section twenty-four. If not corrected as required, no further proceedings shall be had on such application, but when filed in compliance with this Act, the State Engineer shall at once at the expense of the applicant, to be paid in advance, publish in some newspaper having a general circulation within the boundaries of the river system or water system or water source from which said appropriation is to be made, a notice of the application, showing by whom made; the quantity of water sought to be appropriated; the stream from which the appropriation is to be made, and at what point on the stream; the use for which it is to be appropriated, and by what means; which notice shall be published once a week for four weeks. |
New section added to irrigation law.
Intending appropriators to obtain permission from State Engineer. What application must contain.
Duties of State Engineer.
Application rejected, when.
State Engineer to advertise. |
κ1905 Statutes of Nevada, Page 68 (CHAPTER 46)κ
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Interest parties may file protest with State Engineer.
Engineer to approve appropriation, when.
Proviso.
Aggrieved applicant may bring action.
Engineer to refuse appropriation, when.
Applicant must furnish map.
Engineer to issue certificate. |
notice of the application, showing by whom made; the quantity of water sought to be appropriated; the stream from which the appropriation is to be made, and at what point on the stream; the use for which it is to be appropriated, and by what means; which notice shall be published once a week for four weeks. Any person, corporation or association interested may, at any time within thirty days after completion of the publication of said notice, file with the State Engineer a written protest against the granting of said application, stating the reasons therefor, which shall be duly considered by said Engineer. He may, in his discretion, hear evidence in support of or against such application, and shall take such action thereon as he may deem proper and just. Section twenty-five. If there is unappropriated water in the source of supply named and the appropriation is not detrimental to the public welfare, the State Engineer shall approve the same by endorsement thereon, shall make a record of such endorsement in his office and return the same so endorsed to the applicant, who shall on receipt thereof, be authorized to take such measures as may be necessary to perfect such appropriation; provided, however, that the State Engineer may approve an application for a less amount of water or a shorter period of time for perfecting the appropriation than that named in the application; and provided further, that an applicant feeling himself aggrieved by the endorsement made upon his application may bring action in any court having jurisdiction against the State Engineer to compel him to modify such endorsement. Such action must be brought within sixty days after date of the endorsement complained of. If there is no unappropriated water in the source of supply the State Engineer shall refuse such appropriation and the party making the application shall not prosecute work in connection therewith so long as such refusal shall be in force, under penalty of being deemed guilty of, and punished for, misdemeanor. Section twenty-six. Upon approval of an application the applicant shall send to the State Engineer within six months thereafter a map on a scale of not less than two inches to the mile, showing the location of the works necessary to perfect the appropriation, the source of appropriation and if for irrigation, the land upon which the water is to be applied, which map shall be filed in his office. Section twenty-seven. Upon satisfactory proof being made to the State Engineer that any application to appropriate water has been perfected in accordance with the provisions of this Act, said State Engineer shall issue to the applicant a certificate setting forth the name of the appropriator, date, source, purpose and amount of the appropriation, and if for irrigation, a description of the land to be irrigated, which certificate shall within thirty days after its issuance be recorded in the county in which the point of diversion of the appropriation is, as well as in the county where the water is used, in books specially kept for that purpose, and the fee for such records shall be one dollar ($1) payable by the party in whose favor the certificate is issued. |
κ1905 Statutes of Nevada, Page 69 (CHAPTER 46)κ
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appropriation is, as well as in the county where the water is used, in books specially kept for that purpose, and the fee for such records shall be one dollar ($1) payable by the party in whose favor the certificate is issued. The priority of such appropriation shall date from the filing of the application in the State Engineers office. Section twenty-eight. All water used in the State for irrigation purposes shall remain appurtenant to the land upon which it is used; provided, that if for any reason it should at any time become impracticable to beneficially or economically use water for the irrigation of any land to which the right of use of the same is appurtenant, said right may be severed from said land, and simultaneously transferred, and may become appurtenant to other land, without losing priority of right theretofore established, if such change can be made without detriment to existing rights, on the approval of an application of the owner to the State Engineer. Before the approval of such application the applicant must give notice thereof by publication once a week for four weeks in a newspaper of general circulation in the stream system in which the tracts of land are located, in the form required by the State Engineer. Upon the receipt of the proofs of publication, the State Engineer shall render his decision thereon in writing. Any party interested in the same source of water supply may bring appropriate action in the District Court of the county in which the land is located, for a review of such decision. Sec. 4. The sum of fifteen thousand dollars is hereby appropriated for the purpose of carrying out the provisions of said Irrigation Act, approved February 16, 1903, and this Act amendatory and supplemental thereto. |
Fee for recording.
Water to remain appurtenant to land. Proviso.
Appropriation of $15,000. |
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Chap. XLVII.An Act to amend Section 124 of an Act entitled An Act to regulate the settlement of the estates of deceased persons, approved March 23, 1897.
[Approved March 7, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 124 of the above-entitled Act is hereby amended so as to read as follows: Section 124. No sale of any property of an estate of a deceased person shall be valid unless made under an order of the District Court, except as otherwise provided in this Act or other Acts; provided, that when the personal property of an estate is insufficient to pay the debts and expenses of administration, the administrator or executor of such estate may, with the approval of the District Judge written thereon, give options and execute written bonds and working leases and other writings for the working or sale of mines, mining claims and mining property; and upon the performance of said written and approved contracts, may execute deeds of conveyance of the property so contracted to be sold, and said deeds shall convey to the grantees therein all the right, title, estate and claim of the deceased at the time of his death, or which his estate may have acquired since his death, by operation of law or otherwise, to the mines, mining claims and mining properties described therein and in said written and approved contracts. |
Sale not valid unless made under Court order. Proviso as to mining property. |
κ1905 Statutes of Nevada, Page 70 (CHAPTER 47)κ
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Executor may execute bonds and contracts on approval of District Judge.
Copy of such writings to be filed. |
and other writings for the working or sale of mines, mining claims and mining property; and upon the performance of said written and approved contracts, may execute deeds of conveyance of the property so contracted to be sold, and said deeds shall convey to the grantees therein all the right, title, estate and claim of the deceased at the time of his death, or which his estate may have acquired since his death, by operation of law or otherwise, to the mines, mining claims and mining properties described therein and in said written and approved contracts. Sec. 2. A copy of all such approved contracts or writings shall be filed with the Clerk of the Court having jurisdiction of the settlement of said estate and be a part of the record of the settlement of said estate. |
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County to contribute to burial of ex-soldiers. |
Chap. XLVIII.An Act to amend an Act to provide for payment of funeral expenses of indigent ex-soldiers, approved February 27, 1893 (55).
[Approved March 7, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of this Act is hereby amended as follows: Section 1. Whenever the remains of any indigent ex-soldier, dying within this State, shall have been given interment by and at the expense of any Grand Army Post or United Spanish War Veteran Camp, the Post or Camp rendering such service shall be entitled to receive from the county of which such deceased ex-soldier was a resident at the time of his death, a sum not less than twenty-five dollars, and not more than forty dollars, such sum to be allowed and paid in the manner provided for the payment of other bills against the county. |
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Preamble. |
Chap. XLIX.An Act entitled an Act providing for the erection of a State Library and Supreme Court Building, purchasing grounds, and making appropriation therefor.
[Approved March 13, 1905.]
Whereas, The present available room or space for the present and growing needs of the State Library is wholly inadequate; and Whereas, The insufficient shelving area, crowded alcoves, narrow stairways, and inconvenient approaches render the examination of books there difficult and perplexing; and Whereas, From the rapid accumulation of books, pamphlets and periodicals, the shelving and storage capacity of the Library has been reached and more room has become an absolute necessity; and
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Library has been reached and more room has become an absolute necessity; and Whereas, The necessary storage of books, pamphlets and periodicals in the dome of the Capitol has severely taxed the walls and foundations of the Capitol Building and occasioned considerable damage thereto; and Whereas, The Supreme Court Room and Judges Chambers should be located at a place readily accessible to the State Library; and Whereas, The present demands for room in the State Capitol Building for offices and committee rooms are only too apparent; and Whereas, There is now in the State Library Fund and there will be available a sum of money sufficient to carry out the provisions of this Act without imposing extra taxation upon the people of this State, or drawing from the General Fund of the State; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of forty thousand dollars is hereby appropriated out of the moneys in the State Library Fund for the purpose of erecting a State Library and Supreme Court Building and for purchasing a suitable site therefor. Sec. 2. The Board of Capitol Commissioners shall, within ninety days after the approval of this Act, purchase such lot, tract or piece of land in Carson City, Nevada, as in their judgment will serve as a fit, proper, convenient and suitable location upon which to construct said building, and shall, at or before the expiration of five months after the approval of this Act, commence the building of said State Library and Supreme Court Room, which said building shall be completed and ready for occupancy on or before the thirty-first day of December, 1906; provided, however, that should the said Board of Capitol Commissioners in its discretion determine to build said building within or upon the site now known as the State Capitol grounds, then no additional grounds may be purchased and the said State Library and Supreme Court Building shall be constructed upon said Capitol grounds. Sec. 3. The Board of Capitol Commissioners shall have charge and the management of the construction of said building, and shall have power and authority to have the same constructed; provided, that the building of said structure and the furnishing of the building material to be used in the construction thereof shall be let to the lowest responsible bidder, and the Board shall advertise for a period of at least two months. The person or persons to whom shall be awarded any contract hereunder shall furnish a bond with approved sureties in a sum to be fixed by the Board, which bond shall be conditional upon the full and faithful performance of such contract; and provided further, that the entire foundations and walls of said building shall be constructed of stone and rubble prepared and furnished by Nevada State Prison labor. |
Preamble.
Appropriation of $40,000 from State Library Fund. Capitol Commissioners to purchase land and erect building.
Contract to go to lowest responsible bidder.
Board shall advertise for bids. |
κ1905 Statutes of Nevada, Page 72 (CHAPTER 49)κ
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Prison stone to be used.
Cost of plans limited to $500.
Prison Warden to furnish stone.
Capitol Commissioners to regulate manner of payment.
Claims, how paid.
All moneys to come from Library Fund. |
contract; and provided further, that the entire foundations and walls of said building shall be constructed of stone and rubble prepared and furnished by Nevada State Prison labor. Sec. 4. The plans and specifications for said building, not to exceed in cost five hundred dollars, shall be agreed upon and adopted by the Board of Capitol Commissioners; and no change or variation from said adopted plans shall be made without the full consent and approval of the said State Board of Capitol Commissioners; provided, that no such change shall increase the amount of the contract price. Sec. 5. On the application by the Board of Capitol Commissioners to the Board of State Prison Commissioners, requesting stone and rubble as aforesaid, it shall be the duty of the Board of Prison Commissioners to direct the Warden of the Nevada State Prison to furnish said Capitol Commissioners such amount of stone and rubble as they may require; provided, that the Board of Capitol Commissioners, upon entering into a contract with any person or persons for the construction of said building, shall require the contract to specify the number of perch or cords of finished stone to be furnished and delivered to the contractor at the Prison. Sec. 6. The Board of Capitol Commissioners shall have power to regulate the manner of payment to and the several amounts to be paid to the contractor in separate installments as the work on the building progresses; and upon the completion and acceptance of the building, the entire remaining amount shall be paid. Sec. 7. All claims and demands for the construction of or against said building shall be audited and paid as other claims against the State. Sec. 8. The appropriation made as herein provided in Section 1 of this Act shall be construed as applying to all moneys now available in said State Library Fund or which may become available in future in the regular administration of the States affairs or under any enabling Act for the benefit of said fund. |
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Gaming law amended. |
Chap. LAn Act to amend an Act entitled An Act to restrict gaming and to repeal all other Acts in relation thereto, approved March 8, 1879, approved February 23, 1893, approved March 13, 1903.
[Approved March 13, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section seven of said Act is hereby amended so as to read as follows: Section 7. The licensee may carry on his game in any room or rooms on the first or ground floor or on the second or third floors of any building, and if any person carrying on said games shall knowingly permit to enter or to remain in any such licensed room or rooms any person under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties, for violation of its provisions, as are provided in Section 1 of this Act. |
κ1905 Statutes of Nevada, Page 73 (CHAPTER 50)κ
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said games shall knowingly permit to enter or to remain in any such licensed room or rooms any person under the age of twenty-one years, he shall be deemed guilty of a misdemeanor, and shall be punished by the same penalties, for violation of its provisions, as are provided in Section 1 of this Act. |
Gaming may be conducted in any room on any floor. Misdemeanor. |
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Chap. LI.An Act to amend an Act entitled An Act providing a general corporation law, approved March 16, 1903.
[Approved March 14, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of said Act is hereby amended to read as follows:
Sec. 3. Formation of Corporation-How Accomplished.
Sec. 3. All the persons who desire to form a corporation for any one or more of the purposes specified in this Act shall make, sign and acknowledge before some person competent to take the acknowledgment of deeds, and file and have recorded in a book provided for that purpose, in the office of the Clerk of the county in which the principal place of business of the company is intended to be located, articles of incorporation, or a certificate of incorporation, and file a certified copy, under the hand of the Clerk and the seal of said county, in the office of the Secretary of State, of said articles, or certificate of incorporation.
Sec. 2. Section 4 of said Act is hereby amended to read as follows:
Sec. 4. The certificate or articles of incorporation shall set forth:
Sec. 4. What Articles or Certificate Shall Set Forth.
1. The name of the corporation (which name shall end with the word incorporated, or shall contain one of the following words, used therein as a substantive or noun, association, company, corporation, club, society, or syndicate) and shall be such as to distinguish it from any other formed or incorporated in this State or engaged in the same business, or promoting or carrying on the same objects or purposes in this State. 2. The name of the county and of the city or town and of the place within the county, city or town, in which its principal office or place of business is to be located in this State (giving street and number if practicable), and if not, so described as to be easily located within the said county, city or town, the Secretary of State shall refuse to issue his certificate until such location is marked and established. |
Formation of corporation, how accomplished.
What articles or certificate shall set forth. |
κ1905 Statutes of Nevada, Page 74 (CHAPTER 51)κ
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What articles or certificate shall set forth. |
or town, the Secretary of State shall refuse to issue his certificate until such location is marked and established. 3. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. 4. The amount of the total authorized capital stock of the corporation, which shall not be less than two thousand dollars; the number of shares into which the same is divided, and the par value of each share; the amount of subscribed capital stock with which it will commence business, which shall not be less than one thousand dollars; the amount actually subscribed and the amount actually paid up if any; and if there be more than one class of stock created by the certificate of incorporation, a description of the different classes with the terms on which the respective classes of stock are created, and the amount of each class subscribed and amount paid thereon; provided, however, that the provisions of this paragraph shall not apply to corporations not for profit, for which it is desired to have no capital stock; in case any such corporation desires to have no capital stock, it shall be so stated, and the conditions of membership shall be also stated. 5. The names of each of the original subscribers to the capital stock and the amount subscribed by each, or if there be no stock, of the original incorporators. 6. The period, if any, limited for the duration of its existence. 7. Whether the members of its governing board shall be styled Directors or Trustees of the corporation and the number of such Trustees or Directors, which shall not be less than three. 8. Whether or not capital stock, after the amount of the subscription price or par value has been paid in, shall be subject to assessment to pay debts of the corporation, and, unless provision is made in such original certificate or articles of incorporation for assessment upon paid up stock, no paid up stock and no stock issued as fully paid up shall ever be assessable or assessed, and the articles of incorporation shall not be amended in this particular. 9. The certificate of articles of incorporation may also contain any provision which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation and the rights, powers or duties of the Directors, the stockholders, or any classes of the stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the said corporation; provided, such provisions are not contrary to the laws of this State. Sec. 3. Section 16 is hereby amended to read as follows: |
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Sec. 16. Maintaining Principal Office and Appointing Agents.
Sec. 16. Every corporation organized under this Act shall have and maintain in a conspicuous place on its principal office, required by Section 14, in letters sufficiently large to be easily read, painted or printed, the corporate name of such corporation. And every such corporation which shall fail or refuse to comply with the requirements of Section 14-71 and of this section for a period of thirty days, or fail to maintain such office, or fail to have a competent agent in charge thereof on all business days of the year, shall be subject to a fine of not less than one hundred dollars, nor more than five hundred dollars, to be recovered with costs by the State, before any court of competent jurisdiction, by action at law to be prosecuted by the Attorney-General. Failure to comply with the requirements above noted for a period of ninety days, shall render the certificate issued by the Secretary of State void, and the same can only be revived by a certificate from the Governor, issued upon good and sufficient reasons for non-compliance.
Sec. 4. Section 34 is hereby repealed.
Sec. 5. Section 35 is hereby repealed.
Sec. 6. Section 53 is hereby repealed.
Sec. 7. Section 56 is hereby amended to read as follows:
Sec. 56. Certificate of Stock.
Sec. 56. Every stockholder shall have a certificate under the seal of the corporation, signed by the President, or Vice-President, and by the Treasurer or Secretary, certifying the total amount of capital stock, authorized, and the total number of shares, the par value, and the number of shares contained in the certificate, whether they are fully paid up and non-assessable or not, also give the location of the principal office, and the name of the resident agent.
Sec. 8. Section 85 is hereby amended to read as follows:
Sec. 85. Report of Election to Secretary of State.
Sec. 85. Every corporation incorporated or authorized to transact business in this state shall, within thirty days after every and any corporate act which makes any change in the Board of Directors or Trustees, file in the office of the Secretary of State a statement authenticated by the signatures of the President and Secretary and verified by each of them, giving the names of all the Directors or Trustees and officers, with the date of election or appointment of each, term office, residence and postoffice address of each, character of his business, location (giving also street and number if practicable) of its principal office in this State, and the name of the resident agent in this State, in charge of said office and upon whom process can be served, and every corporation failing so to do for thirty days shall forfeit to the State $100. |
What articles or certificate shall set forth.
Secs. 34, 35, and 53 repealed.
Certificate of stock.
Report of election to Secretary of State. |
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Fees of Secretary of State for filing various papers.
Secretary of State to publish in his biennial report complete list of corporations, etc. |
upon whom process can be served, and every corporation failing so to do for thirty days shall forfeit to the State $100.
Sec. 9. Section 102 is hereby amended to read as follows:
Sec. 102. Fees of Secretary of State.
Sec. 102. On filing any certificate or articles or other paper relative to corporations, in the office of the Secretary of State, the following fees and taxes shall be paid to the Secretary of State, for the use of the State: For certificate or articles of incorporation, ten (10) cents for each thousand dollars of the total amount of capital stock authorized, but in no case less than ten dollars; increase of capital stock, ten (10) cents for each thousand dollars of the total increase authorized, but in no case less than ten dollars; consolidation and merger of corporations, ten (10) cents for each thousand dollars of capital authorized, beyond the total authorized capital of the corporations merged or consolidated, but in no case less than ten dollars; extension or renewal of corporate existence of any corporation, one-half that required for the original certificate or articles of organization or incorporation by this Act; dissolution of corporation, change of nature of business, amended articles or certificates of incorporation or organization (other than those authorizing increase of capital stock), decrease of capital stock, increase or decrease of par value of number of shares, ten dollars; for filing list of officers and Directors or Trustees, and the name of agent in charge of principal office, one dollar; filing copy of charter and statement of foreign corporation and issuing certificate of authority to transact business, ten dollars; for certifying to articles of incorporation where copy is furnished, two dollars; for certifying to the authorized printed copy of the General Corporation Law, as compiled by the Secretary of State, two dollars; and for all certificates not hereby provided for, five dollars; provided, that no fees shall be required to be paid by any religious or charitable society or association or educational association having no capital stock.
Sec. 10. Section 103 is hereby amended to read as follows:
Sec. 103. The Secretary of State to Compile and Publish Biennially a List of Corporations.
Sec. 103. The Secretary of State shall biennially compile from the records of his office, and publish in his report, a complete list, in alphabetical order, of the original and amended certificates or articles of incorporation or of extension or renewal filed during the preceding year, together with the location of the principal office of each in this State, and the name of the agent in charge thereof, the amount of the authorized capital stock, the amount with which business is to be commenced, the date of filing the certificate and the period for which the corporation is to continue; and shall index each and every paper filed or recorded in his office under or pursuant to this Act, so that each can be readily found, placing and keeping those relating to each corporation together, and register every paper so filed in a book kept for that purpose under the heading or title of the corporation or company filing the same or affected thereby, each corporation incorporated under this Act to have a separate page which shall show at all times the title or description of each and every paper filed by or on behalf of said corporation with the date of such filing. |
κ1905 Statutes of Nevada, Page 77 (CHAPTER 51)κ
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under or pursuant to this Act, so that each can be readily found, placing and keeping those relating to each corporation together, and register every paper so filed in a book kept for that purpose under the heading or title of the corporation or company filing the same or affected thereby, each corporation incorporated under this Act to have a separate page which shall show at all times the title or description of each and every paper filed by or on behalf of said corporation with the date of such filing.
Sec. 11. Sec. 110 is hereby amended to read as follows:
Sec. 110. May Hold Stock, Etc., of Other Corporations.
Sec. 110. Any corporation organized under the laws of this State, whether created by this Act, special Act of Legislature, or other general law, may guarantee, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of, the shares of the capital stock of or any bonds, securities or evidence of indebtedness created by any other corporation or corporations of this State, or any other State, country, nation or government, and while owner of said stock may exercise all the rights, powers and privileges of ownership including the right to vote thereon.
Sec. 12. The title to Section 8 is hereby amended to read as follows: Power to Issue Money Denied. |
May hold stock, etc., of other corporations.
Title of Section 8 amended. |
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Chap. LII.An Act to amend an Act entitled An Act relating to nickel-in-the-slot machines and providing a penalty for carrying on or playing against such device, approved February 23, 1901, and to prescribe a license for the carrying on of such nickel-in-the-slot machines and regulate their operation.
[Approved March 15, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person who deals, plays, or carries on or conducts, either as owner or employee, whether for hire or not, except under a license as hereinafter provided, any nickel-in-the-slot machine or similar device which can be played for money, checks, cigars, drinks or prizes representing value, and every person who plays or bets at or against such nickel-in-the-slot machine or similar device shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than one hundred ($100) dollars, or by imprisonment in the county jail not less than twenty-five nor more than fifty days, or by both such fine and imprisonment. Sec. 2. Section four of said Act is hereby amended so as to read as follows: |
Unlawful to maintain nickel-in-the-slot machines without license.
Penalty. |
κ1905 Statutes of Nevada, Page 78 (CHAPTER 52)κ
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License $20 per quarter.
Proviso as to location.
Proviso as to allowing minors to play.
Apportionment of license money. |
Section four. Any person may procure a license for the carrying on and operating of any nickel-in-the-slot machine, or machines or similar devices as mentioned and described in Section 1 of this Act. All such licenses shall be issued and obtained in the same manner as other gaming licenses are now issued and obtained, upon the payment quarterly of the sum of twenty ($20) dollars for each machine or device so licensed, which sum shall be collected and enforced in the same manner as other gaming licenses; provided, that no nickel-in-the-slot machine or similar device licensed under this Act, shall be maintained or operated in any place or manner so that the same can be seen by any person passing along any public highway, street, sidewalk, or thoroughfare of any town or city of this State; and also provided, that any person holding a license under this Act who shall knowingly permit any person under the age of twenty-one years to play such nickel-in-the-slot machines shall be guilty of a misdemeanor. Sec. 3. One-half of the licenses collected under the provisions of this Act shall go to the State and be assigned to the General Fund; the other half shall go to the county in which such license is paid. |
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Typewriting Clerk for State Controller
Duties of Controller and Treasurer. |
Chap. LIII.An Act to authorize the Controller of State and ex officio Commissioner of Insurance to employ a stenographic clerk and fixing the compensation.
[Approved March 9, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Controller of State and ex officio Commissioner of Insurance is hereby authorized to employ a typewriting clerk whose compensation shall be seventy-five dollars per month. Sec. 2. The Controller of State shall, at the end of each month, draw his warrant upon the State Treasury in favor of such clerk for the amount of compensation due, and the State Treasurer shall pay the same out of any moneys in the State Treasury not otherwise specifically appropriated. Sec. 3. This Act shall take effect upon its approval by the Governor. |
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Preamble. |
Chap. LIV.An Act for the relief of Holesworth & Fowler.
[Approved March 4, 1905.]
Whereas, There is now due to Holesworth & Fowler the sum of five thousand seven hundred and twenty-two ($5,722) dollars on the contract for the construction of the building for the State Orphans Home; now, therefore, |
κ1905 Statutes of Nevada, Page 79 (CHAPTER 54)κ
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The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of five thousand seven hundred and twenty-two ($5,722) dollars is hereby appropriated out of the General Fund of the State Treasury to be paid to Holesworth & Fowler, said amount being due them on the contract for the construction of the State Orphans Home building. Sec. 2. The State Controller is hereby directed to draw his warrant in favor of Holesworth and Fowler for the amount specified in this Act, and the State Treasurer is hereby directed to pay the same. |
Appropriation of $5,722 for Holesworth & Fowler. |
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Chap. LV.An Act to amend sections forty-four and forty-seven of an Act entitled An Act concerning crimes and punishments, approved November 26, 1861, as amended and approved March 4, 1873, approved March 6, 1889.
[Approved March 4, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section forty-four of the above-entitled Act is hereby amended so as to read as follows: Section forty-four. Rape is the carnal knowledge of a female, forcibly and against her will, and a person duly convicted thereof shall be punished by imprisonment in the State Prison for a term of not less than five years and which may extend to life; provided, that if such crime be accompanied with acts of extreme violence and great bodily injury inflicted, the person guilty thereof shall be punished by imprisonment in the State Prison for a term not less than twenty years, or he shall suffer death, if the jury by their verdict affix the death penalty. And any person of the age of fifteen years or upwards who shall have carnal knowledge of any female child under the age of fourteen years, either with or without her consent, shall be adjudged guilty of the crime of rape, and be punished as before provided. Sec. 2. Section forty-seven of the above-entitled Act is hereby amended so as to read as follows: Section forty-seven. An assault with intent to kill, commit rape, the infamous crime against nature, mayhem, robbery, or grand larceny, shall subject the offender to imprisonment in the State Prison for a term not less than one year, nor more than fourteen years; provided, that if an assault with intent to commit rape be made, and if such crime be accompanied with acts of extreme cruelty and great bodily injury inflicted, the person guilty thereof shall be punished by imprisonment in the State Prison for a term of not less than fourteen years, or he shall suffer death, if the jury by their verdict affix the death penalty. An assault with
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Rape defined. Penalty.
Jury may affix death penalty. Age of consent, 14 years.
Various crimes punishable by imprisonment in State Prison.
Jury may affix death penalty. |
κ1905 Statutes of Nevada, Page 80 (CHAPTER 55)κ
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Fine or imprisonment.
Proviso. |
a deadly weapon, instrument or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment in the State Prison not less than one year or exceeding two years, or to a fine not less than one thousand, nor exceeding five thousand dollars, or to both such fine and imprisonment; provided, that this Act shall not apply to any such crimes committed prior to the passage hereof, the prosecution and punishment for which shall be the same as provided by existing law at the time of the commission thereof. |
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Deputy Controller shall receive $1,800 per annum. |
Chap. LVI.An Act fixing the salary and compensation of the Deputy State Controller.
[Approved March 14, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Deputy State Controller shall receive the sum of eighteen hundred dollars per annum for his services; he shall act as Clerk of State Printing Commissioners, without further compensation. 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 from and after its passage and approval. |
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Governors Private Secretary shall receive $1,800 per annum. |
Chap. LVII.An Act fixing the salary and compensation of the Governors Private Secretary.
[Approved March 13, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The Governors Private Secretary shall receive the sum of eighteen hundred dollars per annum for his services as Private Secretary to the Governor; he shall act as Clerk of the Board of State Capitol Commissioners, Board of Pardons and State Board of Assessors, without further compensation. 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 from and after its passage and approval. |
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Chap. LVIII.An Act relating to the duties of County Assessors.
[Approved March 4, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It is hereby made the duty of the Assessors in the various counties of the State to place upon the assessment rolls of their respective counties all patented mines situated within such counties, which mines shall be assessed for taxation at the valuation placed upon them by Section 1 of Article X of the Constitution of the State of Nevada, as amended by resolution proposed and passed at the Nineteenth Session of the Nevada Legislature, March 3, 1899, agreed to and passed at the Twentieth Session, March 6, 1901, and approved by vote of the people at the general election in November, 1902. |
County Assessors to assess patented mines. |
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Chap. LIX.An Act to amend an Act entitled An Act to create a Special Jury Fund and to regulate the disposition of certain funds, and other matters connected therewith, in the County of Lincoln, approved February 28, 1899.
[Approved March 9, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3 of the above-mentioned Act is hereby amended to read as follows: Section 3. Allowance shall be made against Special Jury Fund for the payment of jurors per diem fees; and for their mileage, not to exceed one hundred (100) miles each way, going and returning, for any juror, accrued after the passage of this Act. Neither mileage fees in excess of the aforesaid amount (if any shall accrue) nor any per diem or mileage fees heretofore accrued shall be paid out of said fund; but they shall be paid only in the manner and out of the funds heretofore provided by law. |
Special Jury Fund for Lincoln County. |
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Chap. LX.An Act fixing the salary and compensation for official services of the Justices of the Peace and Constables in the Townships of Reno, Sparks, Wadsworth and Verdi, in the County of Washoe.
[Approved March 4, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the 1st day of April, 1905, the following-named officers shall be entitled to receive the fees and commissions allowed by law for official services in all civil actions, but shall not collect or receive from the State of Nevada, County of Washoe, or any of said townships, or any person, any fees or commissions for any official services by them rendered in criminal proceedings or cases, either before a Coroner, committing magistrate, or any court; and in lieu thereof shall receive the salaries hereinafter mentioned, which shall be in full compensation of all said services in criminal actions or proceedings. |
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κ1905 Statutes of Nevada, Page 82 (CHAPTER 60)κ
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Salary of Justices of the Peace and Constables in Washoe County.
Salaries of Justices of the Peace, fixed.
Salaries of Constables, fixed. |
and commissions allowed by law for official services in all civil actions, but shall not collect or receive from the State of Nevada, County of Washoe, or any of said townships, or any person, any fees or commissions for any official services by them rendered in criminal proceedings or cases, either before a Coroner, committing magistrate, or any court; and in lieu thereof shall receive the salaries hereinafter mentioned, which shall be in full compensation of all said services in criminal actions or proceedings. Sec. 2. From and after said date the following-named Justices of the Peace in Washoe County, Nevada, shall receive the following annual salaries, to be paid in equal monthly payments, in the same manner that the salaries of county officers are paid, to wit: The Justice of the Peace of Reno Township, $1,000; the Justice of the Peace of Sparks Township, $500; the Justice of the Peace of Wadsworth Township, $250; the Justice of the Peace of Verdi Township, $250. Sec. 3. From and after said date the following-named Constables in Washoe County, Nevada, shall receive the following annual salaries, to be paid in equal monthly payments, in the same manner that the salaries of county officers are paid, to wit: The Constable of Reno Township, $1,000; the Constable of Sparks Township, $500; the Constable of Wadsworth Township, $250; the Constable of Verdi Township, $250. |
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Claims of Spanish War veterans against United States.
Board of Examiners to give notice.
State of Nevada shall not be made liable. |
Chap. LXI.An Act relating to the claims of ex-soldiers of the Spanish War against the United States.
[Approved March 9, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The State Board of Examiners is hereby authorized and directed to investigate all claims against the United States Government by persons who served in the Nevada quota of the United States Army in the late war with Spain, and to approve such of its claims as appear to be just. Sec. 2. The said Board shall give reasonable notice to all claimants to present their claims to the Board within such time as may be fixed by the Board. The claims shall be verified by the oaths of the claimants and the Board may require such other proofs as may be deemed necessary to guard against fraud and imposition. Sec. 3. The said Board is further authorized and directed to take proper steps for the collection of the various claims approved, but nothing herein contained shall be so construed as to make the State of Nevada liable for any of such claims except as they may be paid through the State to the claimants by the United States Government. |
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Chap. LXII.An Act making appropriations for the support of the civil government of the State of Nevada for the fiscal years 1905 and 1906.
[Approved March 15, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The following sums of money are hereby appropriated for the purpose hereinafter expressed, and for the support of the Government of the State of Nevada, for the years 1905 and 1906: Sec. 2. For the salary of the Governor, eight thousand dollars ($8,000). Sec. 3. For the salary of the Governors Private Secretary, three thousand six hundred dollars ($3,600). Sec. 4. For the salary of the Lieutenant-Governor and ex officio Adjutant-General, and while presiding as President of the Senate, and while acting as Governor, during the sickness or absence of the Governor, thirty-six hundred dollars ($3,600). Sec. 5. For salary of Secretary of State and ex officio Clerk of the Supreme Court, and ex officio State Librarian, forty-eight hundred dollars. Sec. 6. For salary of Secretary of State and ex officio Clerk of the Supreme Court, and ex officio Reporter of Supreme Court Decisions, twelve hundred dollars ($1,200). Sec. 7. For salary of Deputy Secretary of State, three thousand dollars ($3,000). Sec. 8. For salary of the Stenographer in the Secretary of States office, eighteen hundred dollars ($1,800). Sec. 9. For salary of Clerk of the State Library, eighteen hundred dollars ($1,800), to be paid under the direction of the Secretary of State. Sec. 10. For salary of State Controller, forty-eight hundred dollars ($4,800). Sec. 11. For salary of Deputy State Controller, three thousand six hundred dollars ($3,600). Sec. 12. For salary of Typewriting Clerk in the office of Controller of State, eighteen hundred dollars ($1,800). Sec. 13. For salary of State Treasurer, forty-eight hundred dollars ($4,800). Sec. 14. For salary of Deputy State Treasurer, thirty-four hundred dollars ($3,400). Sec. 15. For salary of the Attorney-General, four thousand dollars ($4,000). Sec. 16. For salary of Stenographer in Attorney-Generals office, eighteen hundred dollars ($1,800). Sec. 17. For salary of the Surveyor-General and State Land Register, forty-eight hundred dollars ($4,800), payable out of the State School Fund. |
General appropriations for 1905 and 1906.
Governor. Private Secretary.
Lieutenant-Governor.
Secretary of State.
Ex officio Reporter of Decisions. Deputy. Stenographer.
State Library Clerk.
State Controller. Deputy.
Clerk.
State Treasurer. Deputy.
Attorney-General. Stenographer.
Surveyor-General. |
κ1905 Statutes of Nevada, Page 84 (CHAPTER 62)κ
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Deputy.
Draughtsman.
Clerks in Land Office.
Stenographer.
Township plats.
Superintendent of Public Instruction.
Traveling expenses.
Clerk.
Teachers Institute.
Supreme Court.
Bailiff. Typewriters, etc., for Supreme Court.
State Printer.
State printing.
Bookbinding.
New materials, etc.
Nevada Reports. |
Sec. 18. For salary of the Deputy Surveyor-General and State Land Register, three thousand dollars ($3,000), payable out of the State School Fund. Sec. 19. For salary of Draughtsman in State Land Office, three thousand dollars ($3,000), payable out of the State School Fund. Sec. 20. For salary of Clerks in State Land Office, and for transcribing records, twenty-eight hundred dollars ($2,800), payable out of the State School Fund. Sec. 21. For salary of the Stenographer in the State Land Office, eighteen hundred dollars ($1,800), payable out of the State School Fund. Sec. 22. For the purchase of township plats from the United States Surveyor-Generals office, providing that the price per plat shall not exceed six dollars, three hundred dollars ($300), payable out of the State School Fund. Sec. 23. For salary of State Superintendent of Public Instruction and ex officio Curator of State Museum, four thousand dollars ($4,000), payable out of the General School Fund. Sec. 24. For traveling expenses of the State Superintendent of Public Instruction, eight hundred dollars ($800), payable out of the General School Fund. Sec. 25. For salary of a Typewriting Clerk in the office of Superintendent of Public Instruction, eighteen hundred dollars ($1,800). Sec. 26. For expenses of Teachers Institute for 1905 and 1906, two hundred dollars ($200). Sec. 27. For salaries of the Justices of the Supreme Court, twenty-seven thousand dollars ($27,000). Sec. 28. For salary of the Bailiff of Supreme Court, four hundred dollars ($400). Sec. 29. For the purchase of three typewriting machines and desks for the Justices of the Supreme Court, three hundred and seventy-five dollars; for the purchase of carpet for Judge Norcross chamber, sixty dollars ($60); for repairing and painting porch, seventy-five dollars ($75). Sec. 30. For salary of Superintendent of State Printing, four thousand dollars ($4,000). Sec. 31. For support of the State Printing Office, sixteen thousand five hundred dollars ($16,500). Sec. 32. For bookbinding, thirty-seven hundred dollars ($3,700), to be expended under the direction of the Superintendent of State Printing. Sec. 33. For new material and repairs for State Printing Office, five hundred dollars ($500). Sec. 34. Printing and binding Nevada Reports No. 28, No. 29, No. 30, forty-eight hundred dollars ($4,800), to be expended under the direction of the Superintendent of State Printing. |
κ1905 Statutes of Nevada, Page 85 (CHAPTER 62)κ
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expended under the direction of the Superintendent of State Printing. Sec. 35. For insurance of State Printing Office, five hundred dollars ($500). Sec. 36. For printing and binding 25,000 copies of the General Corporation Law, one thousand dollars ($1,000). Sec. 37. For publication of Supreme Court decisions and official advertising, twelve hundred dollars ($1,200). Sec. 38. For indexing and compiling Nevada Reports, twelve hundred dollars ($1,200). Sec. 39. For support of State Orphans Home, to be expended under the direction of the Board of Directors, thirty thousand dollars ($30,000). Sec. 40. For salary of one teacher and one assistant teacher at the State Orphans Home, twenty-four hundred dollars ($2,400). Sec. 41. For support of the Nevada State Prison, eighty-six thousand one hundred and fifteen dollars ($86,115). Sec. 42. For repairs and improvements of the Nevada State Prison, eight thousand dollars ($8,000). Sec. 43. For salary and subsistence of the Guards, called the death watch, and care of condemned prisoners under sentence of death, seventy-five hundred dollars ($7,500). Sec. 44. For salary and subsistence of three additional Guards for the Nevada State Prison, fifty-four hundred dollars ($5,400). Sec. 45. For the support of Hospital for Mental Diseases, to be expended under the direction of the Board of Commissioners for the Care of the Indigent Insane, seventy-eight thousand dollars ($78,000). Sec. 46. For repairs and improvements on buildings of Hospital for Mental Diseases, seven thousand dollars. Sec. 47. Tuition and support for the deaf, dumb, and blind, sixty-five hundred dollars ($6,500). Sec. 48. For traveling expenses of District Judges, three thousand dollars ($3,000). Sec. 49. For salary of Night Watchman of the Capitol Building, two thousand six hundred and forty dollars ($2,640), which salary is hereby fixed at one thousand three hundred and twenty dollars ($1,320) per annum. Sec. 50. For salary of Janitor of Capitol Building, twenty-four hundred dollars ($2,400). Sec. 51. For salary of Gardener of the Capitol Grounds, twenty-four hundred dollars ($2,400). Sec. 52. For stationery, fuel and lights for State offices, and the State Capitol Building and Grounds, thirty-seven hundred dollars ($3,700). Sec. 53. For current expenses for telegraph, postal and contingent, for the State officers, Supreme Court and State Library, and for transportation of State property, four thousand dollars ($4,000). |
Insurance, Printing Office. Corporation Law.
Official advertising.
Indexing Reports.
State Orphans Home.
Teachers at Orphans Home. State Prison.
Repairs, etc.
Death watch.
Additional guards for Prison. Hospital for Mental Diseases.
Repairs, etc.
Deaf, dumb, and blind.
District Judges.
Night Watchman of Capitol.
Janitor.
Gardener.
Lights and fuel, Capitol. |
κ1905 Statutes of Nevada, Page 86 (CHAPTER 62)κ
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Current expenses, State officers Election expenses.
Capitol grounds.
Weather Service.
State University.
Insurance, Capitol.
Rewards.
Board of Health. Legislature, 23d Session.
State Board of Assessors. Storing ammunition. Virginia Mining School.
Flag for Adjutant-General.
License Inspector.
Traveling expenses.
Refurnishing Governors office.
Repairing Capitol dome and roof. |
contingent, for the State officers, Supreme Court and State Library, and for transportation of State property, four thousand dollars ($4,000). Sec. 54. For election expenses, purchase of paper, boxing, freights, etc., five hundred dollars ($500). Sec. 55. For expenses of Capitol grounds and water works, twenty-five hundred dollars ($2,500). Sec. 56. For salary of Director of State Weather Service, six hundred dollars ($600). Sec. 57. For the support of the State University, fifty thousand dollars ($50,000); eight thousand dollars ($8,000) to come from the Interest Account, 90,000-Acre Grant, and forty-two thousand dollars ($42,000) to come from the Contingent University Fund, to be expended for the support and maintenance of the University at Reno. Sec. 58. For insurance on Capitol Buildings, State Library, public records, and furniture, two thousand dollars ($2,000). Sec. 59. For payments of rewards offered by the Governor, two thousand dollars ($2,000). Sec. 60. For support of the State Board of Health, one thousand dollars, ($1,000). Sec. 61. For furnishing of lights aud fuel and repairing Legislative Halls and furniture for the Twenty-third Session of the State Legislature, two hundred dollars ($200). Sec. 62. For support of State Board of Assessors, and traveling expenses, five thousand dollars ($5,000). Sec. 63. For storing ammunition, fifty dollars ($50). Sec. 64. For the support of the Virginia Mining School, three thousand dollars ($3,000), to be expended under the direction of the State Board of Education. Sec. 65. For the purchase of flag for Headquarters of Militia, typewriting in Adjutant-Generals office, and for the care and transportation of military property. and contingent expenses, eight hundred and eighty dollars ($880). Sec. 66. For the salary of License and Bullion Tax Inspector, four thousand dollars ($4,000). Sec. 67. For traveling expenses of the License and Bullion Tax Inspector, one thousand dollars ($1,000). Sec. 68. For renovating and furnishing the Governors office, two thousand dollars ($2,000), to be expended under the direction of the Board of Capitol Commissioners. Sec. 69. For the covering of the dome of the Capitol Building with copper plate and repairing the same and painting the roof of the Capitol Building, twelve hundred dollars ($1,200). |
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Chap. LXIII.An Act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a State Board of Medical Examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining the practice of medicine; defining certain misdemeanors and providing penalties, and repealing all other Acts, or parts of Acts, in conflict therewith.
[Approved March 4, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That it shall hereafter be unlawful for any person, or persons, to practice medicine, surgery or obstetrics in this State without first obtaining a license so to do as hereinafter provided. Sec. 2. Within thirty days after this law goes into effect, it shall be the duty of the Governor of the State of Nevada to appoint a State Board consisting of five members, which shall be known as the Board of Medical Examiners of the State of Nevada, and shall be reputable practicing physicians, duly licensed as such by some legally chartered medical institution in the United States, and who shall have been actually engaged in the practice of medicine in the State of Nevada, three of whom shall be selected from the school of medicine known as the Regular, one from the school known as the Eclectic, and one from the school known as the Homeopathic. This Board shall be selected without regard to their individual political beliefs, and they shall hold office for the time for which they were appointed, viz., two for four years, one for three years, one for two years, and one for one year from the date of their appointment, and shall serve until their successors are appointed and qualified. Hereafter one member shall be appointed annually for the term of four years. In the event of a vacancy occurring in said Board, or absence from the State for a period of six months without permission, the Governor shall appoint a person duly qualified under this Act to fill the unexpired term. Sec. 3. Oath: Each member of said Board shall, before entering upon the duties of his office, take the constitutional oath of office, and shall, in addition, make oath that he is a graduate in medicine, and a legally qualified practitioner of medicine in this State. Sec. 4. The said Board shall meet in Carson City, Nevada, on the first Monday in May, 1905, and shall organize by electing from its number a President, Vice-President, Secretary and Treasurer, who shall hold their respective positions during the pleasure of the Board. |
Restriction as to practice of medicine.
Board of Medical Examiners.
Composition of Board.
Terms of office.
Oath.
Board to meet and organize. |
κ1905 Statutes of Nevada, Page 88 (CHAPTER 63)κ
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Notice given by advertising.
To adopt rules.
Quorum.
Board may accept certificate of other State Boards.
Proviso as to reciprocity.
Certificate from Board must be procured by all practitioners.
Method of procuring certificate. |
ing the pleasure of the Board. Said Board shall hold its regular meetings on the first Monday in May and the first Monday of November of each year, at such time and place as shall be most convenient to the said Board, and due notice of all special meetings of the Board shall be given by publication twice a week for each of the two weeks next preceding such meeting, in three papers published in the State of Nevada. Special meetings of the Board may be held at the call of the President, and the same notice thereof shall be given as in the case of regular meetings. Sec. 5. Rules: Said Board may, from time to time, adopt such rules as may be necessary to enable it to carry into effect the provisions of this Act. Any member of said Board may administer oaths in all matters pertaining to the duties of said Board, and the Board shall have the authority to take evidence as to any matter cognizable by it. Such Board shall procure a seal, and shall receive through its Secretary applications for the certificates provided to be issued under this Act. Sec. 6. A majority of said Board shall constitute a quorum to transact all business. All certificates issued by said Board shall bear its seal and the signatures of its President and Secretary, and shall authorize the person to whom it is issued to practice medicine in all its branches in this State, upon complying with the requirements of this Act. Said Board may, in its discretion, accept and register, upon payment of the registration fee, and without examination of the applicant, any certificate which shall have been issued to him by the medical examining board of the District of Columbia, or of any State or Territory of the United States; provided, however, that the legal requirements of such medical examining board shall have been, at the time of issuing such certificate, in no degree or particular less than those of Nevada at the time when such certificate shall be presented for registration to the Board created by this Act; and provided further, that the provisions in this paragraph contained shall be held to apply only to such of said medical examining boards as accept and register the certificates granted by this Board without examination by them of the ones holding such certificates. Sec. 7. After this law goes into effect, any person desiring to practice medicine, surgery, or obstetrics or any of the various branches of medicine in this State, shall, before beginning to practice, procure from the State Board of Medical Examiners a certificte that such person is entitled to practice medicine, surgery, or obstetrics in this State. In order to procure such certificate the applicant shall submit to the said Board his or her diploma, issued by some legally chartered medical school, the requirements of which medical school shall have been at the time of granting such diploma in no particular less than those prescribed by the Association of American Medical Colleges for that year, and he must accompany said diploma or license with an affidavit setting forth the number and duration of terms the applicant was required to be in attendance, and that he is the lawful possessor of the same, that he is the person therein named, and that the diploma or license was procured without fraud or misrepresentation of any kind. |
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accompany said diploma or license with an affidavit setting forth the number and duration of terms the applicant was required to be in attendance, and that he is the lawful possessor of the same, that he is the person therein named, and that the diploma or license was procured without fraud or misrepresentation of any kind. Such application shall be accompanied by the affidavit of two freeholders, resident of the same county in which the applicant resides, stating that the applicant is the identical person named in the accompanying diploma, and that he or she is of good moral standing and reputable. In addition to such affidavit, said Board may hear such further evidence as, in its discretion, it may deem proper as to any of the matters embraced in said affidavit. If it should appear from such evidence that said affidavit is untrue in any particular, or if it should appear that the applicant is not of good moral character, the application must be rejected. Said Board shall retain such diploma such time as is necessary, but in no case shall said Board retain such diploma to exceed two weeks. All such diplomas and affidavits shall be addressed to the Secretary of the Board. Sec. 8. Applicants for certificates to practice medicine, surgery, or obstetrics in the State of Nevada, other than those noted in the foregoing sections, shall be required to present a diploma from a legally recognized college, and to pass a satisfactory examination before the State Board of Medical Examiners as to his or her qualifications. The applicant must appear personally before the Board, and the examination shall be conducted in the English language, and shall be, in whole or in part, in writing, and in each branch shall obtain seventy-five per cent, and shall be on the following subjects, to wit: Anatomy, physiology, materia medica and therapeutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose, throat, brain, and the genito-urinary system. Said examination shall be fair and impartial, and the questions of such a character as will determine the fitness of the applicant to practice his, or her, profession. When an applicant applies for examination in materia medica and therapeutics, and theory and practice of medicine, he shall designate in what school of medicine he desires to practice, and only the member or members of the Board who belong to the school so designated shall participate in this part of the examination. Examinations shall be practical in character, and designed to discover the applicants fitness to practice medicine and surgery. If an applicant fail in his first examination, he may, after not less than six months, be reexamined without additional fee. If he fail in a second examination he shall not thereafter be entitled to another examination in less than one year after the date of second examination, and shall be required to pay for such examination the full fee. The examination papers shall form a part of the records of said Board, and shall be kept on file by the Secretary, and such records shall be open to public inspection whenever requested, after the examination. |
Affidavit must accompany.
Reputable diplomas recognized.
Examination required.
Subjects.
Examinations to be practical. Reexamination, when. |
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Fee, $25.
Right of appeal to the courts.
Record book required.
Secretary to furnish County Clerks with lists.
Board to serve without compensation. Salary of Secretary.
Certificate filed with Recorder. |
Board, and shall be kept on file by the Secretary, and such records shall be open to public inspection whenever requested, after the examination. Each applicant, on making application, shall pay to the Secretary of the Board a fee of twenty-five ($25) dollars at the same time the diploma and affidavit is filed with him, and this fee shall not be returned in the event of the applicants failing to pass a satisfactory examination. Any person who may hereafter be granted a license to practice medicine and surgery in this State under this Act upon the grounds of reciprocity with other States and without examination, shall pay a fee of twenty-five ($25) dollars for such license. Sec. 9. Any unsuccessful applicant shall have the right to appeal to the courts, requiring the said Board to show cause why such applicant should not be permitted to practice medicine, surgery or obstetrics in the State of Nevada. Sec. 10. Said Board shall procure a book for the purpose of recording the names of all persons to whom it issued certificates. In this book shall be entered the names of the applicants, together with the name of the school granting the diploma, the date of the diploma, the number of terms the applicant attended school, residence of applicant, and the date of issuance of certificate. This book shall be retained by the Secretary, who shall note the unsuccessful applicants, furnishing the same information as is given above. The Secretary shall furnish each County Clerk in this State a complete list of persons to whom certificates have been issued, after each meeting of the Board. Such list shall be retained and filed by the County Clerk and it shall show the name, age, and location of the holder of each certificate, together with the name of the institution conferring the degree, and the date of the issuance of certificate. Sec. 11. The members of the Board shall serve without compensation, except that their actual expenses incurred while attending a regular or special meeting of the Board shall be refunded; provided, that the Secretary shall receive a semi-annual salary of one hundred and fifty ($150) dollars for his services. All moneys received by the Board shall be paid out on its order for its expenses, and the traveling expenses of the members, and if the moneys received are not sufficient to meet such expenses, then the Board shall certify to the Board of Examiners, with accompanying vouchers, over its seal and the signatures of its President and Secretary, the amount actually necessary to meet the remainder of its expenses, and upon the approval of said claim by the Board of Examiners the State Controller shall draw his warrant upon any moneys in the General Fund not otherwise appropriated, and the State Treasurer shall pay the same. Sec. 12. Every person to whom the Board shall issue a certificate shall present the same to the County Recorder of the county in which he desires to practice, and have the same recorded, and shall pay the fee usually paid for recording such papers. |
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recorded, and shall pay the fee usually paid for recording such papers. The Board may refuse a certificate to any applicant guilty of unprofessional conduct, and may revoke any certificate for a like cause. In all cases of refusal or revocation the party aggrieved may appeal to the courts. The words unprofessional conduct, as used in this Act, are hereby declared to mean: First-The procuring or aiding or abetting in procuring a criminal abortion. Second-The obtaining of any fee on the assurance that a manifestly incurable disease can be permanently cured. Third-The willfully betraying a professional secret. Fourth-All advertising of medical business in which grossly improbable statements are made. Fifth-All advertising of any medicines, or of any means, whereby the monthly periods of women can be regulated, or the menses reestablished if suppressed. Sixth-Conviction of any offense involving moral turpitude. Seventh-Habitual intemperance. Sec. 13. For the purposes of this Act the words practice of medicine, surgery and obstetrics, shall mean to open an office for such purpose, or to announce to the public, or to any individual in any way, a desire or willingness, or readiness to treat the sick or afflicted in any county in the State of Nevada; or to investigate or diagnosticate, or to offer to investigate or diagnosticate any physical or mental ailment, or disease, of any person, or to give surgical assistance to, or to suggest, recommend, prescribe or direct for the use of any person, any drug, medicine, appliance or other agency, whether material or not material, for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, fracture, or bodily injury, or deformity, after having received or with the intent of receiving therefor, either directly or indirectly, any money, gift, or any other form of compensation. It shall also be regarded as practicing medicine within the meaning of this Act if any one shall use in connection with his or her name, the words or letters Dr., Doctor, Professor, M.D., or Healer, or any other title, word, letter or other designation intended to imply or designate him or her as a practitioner of medicine, or surgery, or obstetrics in any of its branches; provided, that nothing in this Act shall be construed to prohibit gratuitous services of druggists or other persons in cases of emergency, or the domestic administration of family remedies, and this Act shall not apply to commissioned surgeons of the United States Army or Navy in the discharge of their official duties, nor shall it apply to professional or other nurses in the discharge of their duties as nurses, nor to physicians who are called into this State for consultation, and who are legally qualified to practice in the State where he or she resides. |
Board may refuse or revoke certificate.
Grounds for refusal or revocation.
Practice defined.
Proviso. Exceptions. |
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Complaint, what sufficient for.
Misdemeanor.
Penalty.
Penalty for false impersonation.
Penalty for issuing false certificate, etc.
Registration fee, $25.
Registration free to certain persons. |
resides. In charging any person in an affidavit, information or indictment with a violation of this Act by practicing medicine, surgery or obstetrics without a license, it shall be sufficient to charge that he or she did, upon a certain day, and in a certain county of this State, engage in the practice of medicine, he, or she, not having a license to do so, without averring any further or more particular facts concerning the same. Sec. 14. Any person who shall practice medicine, surgery or obstetrics in this State without first complying with the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred ($100) dollars, nor more than two hundred ($200) dollars, or by imprisonment in the county jail for not less than fifty (50) days, nor more than one hundred and eighty (180) days, or by both such fine and imprisonment for each and every such offense. Any person may institute proceedings at law provided for in this Act. Sec. 15. Every person filing for record, or attempting to file for record, the certificate issued to another, falsely claiming himself to be the person named in such certificate, or falsely claiming himself to be the person entitled to the same, shall be guilty of felony, and, upon conviction thereof, shall be punished by imprisonment in the State Prison not less than one year nor exceeding five years. Sec. 16. Any person assuming to act as a member of a State Board of Medical Examiners, or who shall sign, or subscribe, or issue or cause to be issued, or seal or cause to be sealed, a certificate authorizing any person to practice medicine or surgery in this State, except the person so acting and doing shall have been appointed a member of said Board of Medical Examiners as in this Act provided, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for a term of not less than sixty (60) nor more than one hundred and eighty (180) days, or by both such fine and imprisonment. Sec. 17. Every person practicing medicine, surgery or obstetrics in the State of Nevada on the first Monday of May, 1905, shall submit to the said Board his, or her, diploma for registration, and a fee of twenty-five ($25) dollars shall accompany such diploma; provided, that the owner of such diploma shall, if he or she was practicing medicine, surgery or obstetrics prior to the passage of the Act approved March 15, 1899, and has not complied with said Act of March 15, 1899, pay a fee of five ($5) dollars for such registration, but said person shall submit to the Board said diploma on the first Monday of May, 1905; provided further, that all persons who have complied with the Act of March 15, 1899, shall be entitled to full registration by the said Board of Medical Examiners, and nothing in this Act shall be construed to prevent such registration, and the Secretary of said Board shall enter free of all charge, upon the record book of said Board, the names of all persons who have complied with the Act of March 15, 1899. |
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strued to prevent such registration, and the Secretary of said Board shall enter free of all charge, upon the record book of said Board, the names of all persons who have complied with the Act of March 15, 1899. And be it further provided, that a certificate of registration or license issued by the proper examining Board of any State, which agrees on reciprocal registration with this State, may be accepted as evidence of qualification for reciprocal registration in this State; provided, that the holder of such certificate was, at the time of such registration, the legal possessor of a diploma issued by a date thereof was prior to the passage of this Act. Sec. 18. All Acts and parts of Acts in conflict with this Act are hereby repealed. Sec. 19. This Act shall take effect from and after the third day of May, nineteen hundred and five. |
Provisos.
Repeal. To take effect. |
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Chap. LXIV.An Act to assist the United States Reclamation Service in the construction and maintenance of irrigation works provided for by the Congressional Reclamation Act approved June 17, 1902, by granting right of way over State lands, regulating the disposition of State lands included in Government irrigation projects, and authorizing County Commissioners to accept and use stock subscription books of water users associations formed under the provisions of said Congressional Reclamation Act.
[Approved March 9, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby granted, over all the lands now or hereafter belonging to the State, a right of way for ditches, tunnels, and telephone and transmission lines, constructed by authority of the United States. All conveyances of State lands hereafter made shall contain a reservation of such right of way. Sec. 2. No lands belonging to the State, within the areas to be irrigated from works construed or controlled by the United States or its duly authorized agencies shall hereafter be sold except in conformity with the classification of farm units by the United States, and the titles to such lands shall not pass from the State, until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works and shall produce the evidence thereof duly issued. |
Right of way to United States.
Regulations concerning sale of lands. |
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Duties of County Commissioners.
Repeal. |
acquisition of the right to use water from such works and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of State lands within the limits of such withdrawal shall be accepted, except upon the conditions prescribed in this section. Any State lands needed by the United States for irrigation works shall be sold to the United States at the lowest price authorized by law. Sec. 3. The County Commissioners are hereby authorized to accept from water users associations organized in conformity with the requirements of the United States under the Reclamation Act, books containing printed copies of their articles of incorporation and forms of subscription to stock, and to use such books for recording the stock subscriptions of such association; and the charges for the recording thereof shall be made on the basis of the number of words actually written therein. Sec. 4. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed. |
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Notaries Public; number each county may have. |
Chap. LXV.An Act to amend an Act entitled An Act providing for the appointment of Notaries Public, fixing their term of office, and specifying the numbers to be appointed, and enlarging the territory within which they may act, approved March 14, 1903.
[Approved March 8, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section two of said Act is hereby amended to read as follows: Section 2. For Storey County there may be twelve Notaries Public; for Lander County there may be sixteen Notaries Public; for Nye County there may be fifty Notaries Public; for Churchill County there may be twenty Notaries Public; for Esmeralda County there may be fifty Notaries Public; for Washoe County there may be seventy-five Notaries Public; for Ormsby County there may be twenty Notaries Public; for Humboldt County there may be twenty-five Notaries Public; for Douglas County there may be five Notaries Public; for Lyon County there may be eight Notaries Public; for Eureka County there may be fifteen Notaries Public; for Elko County there may be forty Notaries Public; for White Pine County there may be twenty Notaries Public; for Lincoln County there may be fifty Notaries Public;
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κ1905 Statutes of Nevada, Page 95 (CHAPTER 65)κ
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there may be twenty Notaries Public; for Lincoln County there may be fifty Notaries Public; |
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Chap. LXVI.An Act to consolidate certain county offices in and for White Pine County, State of Nevada, and fixing the compensation of the officers of said county, to take effect on the first Monday of January, 1907, and repealing all other Acts in conflict herewith.
[Approved March 8, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the first Monday in January, 1907, the offices of Clerk and Treasurer of White Pine County shall be consolidated, and the Treasurer shall be ex officio Clerk of said county. Sec. 2. On and after the first Monday in January, 1907, the offices of Sheriff and Assessor of White Pine County, Nevada, shall be consolidated, and the Sheriff shall be ex officio Assessor of said county. Sec. 3. On and after the first Monday in January, 1907, the county officers of White Pine County, Nevada, shall receive compensation as follows, in full for all official services performed by them, to wit: The Sheriff, as such officer and as ex officio Assessor and License Collector, shall receive an annual salary of one thousand eight hundred dollars, and all fees and mileage as now provided by law; provided, however, that he shall receive only his actual traveling expenses in criminal cases and in all cases where White Pine County is a party. The District Attorney, as such officer and as ex officio Superintendent of Schools and ex officio Public Administrator, shall receive an annual salary of one thousand dollars and all fees now provided by law; provided, however, that he shall receive no fees in criminal cases or in cases where White Pine County is a party. The Recorder, as such officer and as ex officio Auditor, shall receive an annual salary of five hundred dollars and all fees now provided by law. The Treasurer, as such officer and as ex officio Clerk, ex officio Clerk of the District Court and ex officio Clerk of the Board of County Commissioners and of the Board of Equalization, shall receive an annual salary of one thousand dollars and all fees now provided by law. The County Commissioners shall each receive an annual salary of three hundred dollars and mileage at the rate of twenty cents per mile for each mile actually traveled one way only; provided, however, that no mileage shall be allowed to any County Commissioner who does not reside at least one mile from the Court House of said county. Sec. 4. The salaries of all the officers of White Pine County shall be allowed, audited and paid monthly. |
Officers of White Pine County.
Sheriff and Assessor.
Salaries.
Sheriff.
District Attorney.
Recorder.
Treasurer.
County Commissioners.
Paid monthly. |
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County not to pay deputies salaries.
Deputy Sheriff authorized.
Sheriff responsible.
Acts continued in force, and repealed. |
Sec. 5. No allowance shall be made by the Board of County Commissioners, nor shall any claim be audited or paid by the Auditor or Treasurer of White Pine County for the compensation or any deputy for any of the offices named in this Act, except as in Section 6 hereinafter provided. Sec. 6. The Sheriff of White Pine County is hereby authorized and empowered to appoint a deputy, who shall act as jailer at the county jail and as janitor and watchman at the County Court House, and whose salary shall be the sum of seventy-five dollars per month, to be allowed and paid in the same manner and from the same funds as the salaries of other county officers are paid. The Sheriff shall be responsible on his official bond for all misfeasance, malfeasance and nonfeasance of such deputy, and may remove such deputy at pleasure. Sec. 7. All Acts and parts of Acts providing for the offices and salaries of the officers of White Pine County and in force at the date of the approval hereof are hereby continued in force up to and until the first Monday in January, 1907, on which day and date all Acts and parts of Acts in conflict with the provisions of this Act shall stand repealed. |
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Railroad right of way over public land granted.
Mode of operation.
Survey to be filed in Land Office. |
Chap. LXVII.An Act to grant the right of way to E. L. Labadie, his successors or assigns, for the construction of a railroad over certain public land between the Adelaide Mine and the Great Republic Consolidated Mines, in Gold Run Mining District, County of Humboldt, State of Nevada.
[Approved March 7, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The right of way, not to exceed one hundred feet in width, to lay out, construct, operate and maintain a line of iron railroad, together with the necessary sidetracks, switches, turnouts and turntables over, across and through unoccupied public land by such route as may be deemed most feasible and advantageous, from and connecting the Golconda and Adelaide Railroad, at the Adelaide Mine, to the Great Republic Consolidated Mines, in Gold Run Mining District, Humboldt County, State of Nevada, is hereby granted to E. L. Labadie, his successors or assigns. Sec. 2. That said railroad shall be operated by running thereon cars propelled by steam, gasoline or electricity. Sec. 3. That a copy of the survey of the route of said railroad shall be filed in the office of the Surveyor-General of the State within ninety days after and from the passage of this Act. |
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Chap. LXVIII.An Act to amend an Act entitled An Act fixing the salaries and compensations of the officers of Elko County, and consolidating certain offices in said county, and to repeal all Acts in relation thereto, approved February 27, 1893.
[Approved March 7, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5 of said above-entitled Act is hereby amended so as to read as follows: Section 5. On and after the first Monday in April, 1905, the County Commissioners shall each receive the sum of four hundred dollars per annum, and such mileage as now allowed by law; provided, however, that whenever said Board of County Commissioners shall deem it advisable to appoint one or more of the Board to visit and inspect any county bridge or road or any locality where the construction of a county bridge or road is contemplated, for the purpose of inspecting such locality or such county bridge or road, and reporting regarding such construction or the repair, alteration or improvement of such bridge or road, or the acceptance of work already done thereon, such member or members so appointed by said Board shall receive his or their actual expenses in going to and from and inspecting said work and shall also receive the sum of three (3) dollars per day each, in addition to his salary and said expenses, while in the actual inspection of said work or contemplated work; provided, however, that in no event shall any sum of more than twelve (12) dollars be allowed in addition to their actual expenses while engaged in such inspection. |
County Commissioners of Elko County.
Actual expenses allowed.
Allowance limited. |
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Chap. LXIX.An Act repealing an Act entitled An Act fixing the time for the opening and closing of saloons and gaming houses, approved March 6, 1889.
[Approved March 7, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. That certain Act of the Legislature of the State of Nevada entitled An Act fixing the time for the opening and closing of saloons and gaming houses, approved March 6, 1889, and all the provisions thereof, is hereby repealed. |
Repeal of 12 oclock closing law. |
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Preamble.
Lost poll-tax receipts.
Appropriation of $37.50 for P. L. Flanigan.
Washoe County to pay P. L. Flanigan $37.50. |
Chap. LXXAn Act for the relief of P. L. Flanigan.
[Approved March 13, 1905.]
Whereas, In the year nineteen hundred and four W. S. Beard, then Assessor of Washoe County, settled in full for all poll tax received from the State Controller for Washoe County for that year; and Whereas, During the said year one poll-tax book issued by the State Controller and charged to the said W. S. Beard, containing twenty-five blank receipts, which said receipts were delivered by the said Assessor, W. S. Beard, to P. L. Flanigan during the year 1904, and which receipts were lost, and no value or compensation was received for them by said P. L. Flanigan, said receipts being of the value of seventy-five dollars; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of thirty-seven dollars and fifty cents is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, to pay the proportion received by the State for said poll-tax receipts, and the State Controller is hereby directed and required to draw his warrant for said sum of thirty-seven dollars and fifty cents in favor of P. L. Flanigan, and the State Treasurer is hereby authorized and required to pay the same. Sec. 2. The Board of County Commissioners of Washoe County are hereby directed and required to allow the claim of P. L. Flanigan in the sum of thirty-seven dollars and fifty cents, the proportion received by the county on allowance for said poll-tax receipts, and the Auditor of said county, on the allowance of said claim, is hereby directed to draw his warrant against the General Fund of said county for said amount, and the County Treasurer is hereby authorized and required to pay the same. |
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Amending Reno charter |
Chap. LXXI.An Act to amend the title of, and to amend an Act entitled An Act to incorporate the Town of Reno, and to establish a city government therefor, approved March 16, 1903.
[Approved March 13, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The title of the said Act entitled An Act to incorporate the Town of Reno, and to establish a city government therefor, approved March 16, 1903, and of which said Act this Act is amendatory, is hereby amended so as to read as follows: |
κ1905 Statutes of Nevada, Page 99 (CHAPTER 71)κ
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An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto. Sec. 2. The said Act, entitled An Act to incorporate the Town of Reno, and to establish a city government therefor, approved March 16, 1903, is hereby amended so as to read as follows:
ARTICLE I.
boundaries of the city and of the wards, and general powers.
Section 1. That on and after the passage of this Act, and for the uses and purposes hereinafter mentioned, the inhabitants of that portion of Washoe County, Nevada, embraced within the limits hereinafter set forth, shall remain, be and constitute a body politic and corporate by the name and style of the City of Reno, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of the said city shall include all the inhabitants, lands, tenements and property included in the southwest quarter of section one, and the south half of section two, and all of section eleven, and the west half of section twelve, and the northwest quarter of section thirteen, and the north half of section fourteen, the whole comprising an area or parallelogram one and one-half miles wide, measuring the area from east to west, and two miles in length, measuring the same from north to south, all in township nineteen north, range nineteen east, Mount Diablo base and meridian; and, also, such other additional lands and tenements as may, at any time hereafter, be embraced or included within established limits of said city, as hereinafter provided. Sec. 2. The City of Reno shall be divided into five wards as follows: All that portion of the territory embraced within said limits of the city and lying south of the Truckee River, including all that part of Scott Island lying within the limits of said city, shall be and is hereby established as the First Ward. All that portion lying west of Sierra Street and between the Truckee River on the south and the main track of the Central Pacific Railway on the north, shall be and is hereby established as the Second Ward; provided, that the island in the Truckee River above the Virginia Street iron bridge shall be a part of and belong to said Second Ward. All that portion lying east of Sierra Street and between the Truckee River on the south and the main track of the Central Pacific Railway on the north, shall be and is hereby established as the Third Ward. All that portion lying east of Sierra Street and north of the main track of the Central Pacific Railway, shall be and is hereby established as the Fourth Ward, and all that portion lying west of Sierra Street and north of the main track of the Central Pacific Railway, shall be and is hereby established as the Fifth Ward. |
Title amended.
Boundaries of City of Reno defined.
Wards. |
κ1905 Statutes of Nevada, Page 100 (CHAPTER 71)κ
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Powers of city.
City officers.
Executive Department.
Qualifications of Mayor. |
and north of the main track of the Central Pacific Railway, shall be and is hereby established as the Fifth Ward. Sec. 3. That said city shall continue to have and be vested with all the rights, powers, property and things of every kind now belonging to it, and may have and use a common seal and the same alter at pleasure, and may purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property; within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever, necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.
ARTICLE II.
officers.
Section 1. The officers of the city shall be: Mayor. Five members of the City Council. City Attorney. City Clerk. Judge of the Municipal Court. City Auditor, the Auditor of Washoe County being ex officio City Auditor. City Treasurer, the Treasurer of Washoe County being ex officio City Treasurer. City Assessor, the Assessor of Washoe County being ex officio City Assessor. City Engineer and Superintendent of Streets, both offices to be filled by one person. Chief of Police. Chief of Fire Department. Board of Health, consisting of not less than three nor more than five persons.
ARTICLE III.
executive department.
Section 1. The corporate powers of the city, except as hereinafter stated, shall be vested in a Mayor and City Council. The Mayor shall be an actual and bona fide resident of the city for a period at least two years next preceding his election, and shall be an elector and taxpayer in the city, and he shall be chosen by the qualified electors thereof at large, whose names appear upon the official register as hereinafter provided and who are actual bona fide residents of the city. |
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provided and who are actual bona fide residents of the city. The Mayor shall serve for a term of two years from and after the date of his election and qualification and until his successor shall have been duly elected and qualified. The Mayor shall be the Chief Executive of the city and must exercise a careful supervision over its general affairs. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof, with which they execute their official duties and especially in respect to the collection, administration and disbursement of the public funds, and all books, papers, records and documents of said city shall at all times be open to his inspection and any official misconduct or wilful neglect of duty shall be reported by him to the Council. He shall from time to time give the Council information in writing, relative to the state of the city and recommend such measures as he may deem beneficial to the city. He shall see that the general laws, the provisions of this charter and all ordinances, rules and regulations of said city are observed and enforced, and shall take all proper measures for the preservation of the public peace, order and the suppression of riots, tumults and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily and to use and command the police force, or call upon the Sheriff of said county, or if such forces be inadequate, it shall be his duty to call upon the Governor for military aid in the manner provided by law. Sec. 2. The Mayor, with the City Clerk or some member of the Council, may at least once each month, count the cash in the city treasury and see that such count corresponds with the books of the Treasurer, and report the result to the Council. He shall see that all contracts are faithfully kept and fully performed and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended. He shall have the power to suspend any appointive officer for dereliction, neglect or non-performance of duty, and report such action and cause therefor to the Council at the first subsequent regular meeting, and if the Council by a majority vote approve the suspension such office shall be declared vacant. If a majority vote be against such approval, such suspension shall be revoked. Sec. 3. The Mayor shall preside over the Council when in session and shall preserve order and decorum among the members and enforce the rules of the Council and determine the order of business, subject to such rules and to appeal to the Council. He shall not be entitled to a vote except in case of a tie, when he shall have a casting vote, except as provided in Section 3, Article XIII, of this charter. The Mayor may exercise the right of veto upon all matters passed by the Council, and it shall require a four-fifths vote of the whole Council to pass any matter receiving the Mayors veto. |
Term.
Duties.
To suppress riots.
Mayor to count city cash.
To preside over Council.
Not to vote except in case of tie. Veto power. |
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Proviso.
Mayor to sign all licenses. Mayor pro tem.
Mayor to appoint certain officers.
Salary.
City Clerk.
Term. Qualifications. |
whole Council to pass any matter receiving the Mayors veto. No resolution or contract requiring the payment of money, or any ordinance, shall go into force or have any effect until approved by the Mayor; provided, if the Mayor do not approve such resolution, contract or ordinance so submitted, he must, within five days from the receipt thereof, return the same to the City Clerk with his reasons in writing for not approving it, and if the Mayor do not so return it, such resolution or contract shall thereupon go into effect and such ordinance become a law in like manner and with the same effect as if the same had been approved by the Mayor. Sec. 4. The Mayor shall, in addition to the duties herein provided for, sign all licenses and claims allowed against the city and perform such other and further duties as the Council shall by ordinance prescribe. A Mayor pro tempore shall be elected by the Council from among its members, as soon after its organization as practicable, and in case of the absence of the Mayor or his inability to act, or a vacancy occurring in such office, the Mayor pro tempore shall preside over the Council and perform all duties appertaining to the Mayors office, in the same manner and with like effect as the Mayor, and in case of absence of the Mayor or his inability to act for any period exceeding thirty days, or in case of a vacancy in the Mayors office, the salary provided for the Mayor shall be apportioned to the Mayor pro tempore for such period, in lieu of the salary allowed the Mayor pro tempore for such period as Councilman; provided, that the restrictions upon the right for the Mayor to vote shall not apply to the Mayor pro tempore while acting as Mayor. Sec. 5. The Mayor shall, subject to confirmation by the Council, appoint all officers of the city whose election or appointment is not otherwise provided for in this charter or by law. The Mayor must nominate such appointments to the Council at the first subsequent meeting and in case the person so nominated is not confirmed by a majority vote, the Mayor shall nominate another and so on until the place is filled. Sec. 6. The Mayor shall receive a salary in the sum of six hundred dollars per annum.
ARTICLE IV.
city clerk.
Section 1. There shall be a City Clerk who shall be elected by the qualified electors of the city at each general city election and he shall hold office for the term of two years and until his successor shall have been duly elected and qualified. No person shall be eligible for said office who shall not be a bona fide resident of the city for the period of at least three years next preceding his election, and who is not a citizen of the State and of the age of at least twenty-one years and a taxpayer and elector in said city. |
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Sec. 2. The City Clerk shall have the custody of all official bonds except his own, which shall be filed with the City Treasurer. He shall have the care and custody of all books, papers, documents, the corporate seal and all records not otherwise specially provided for. He shall be Clerk of the Council, attend all its meetings, whether regular or special, and record all its proceedings. He shall record in a journal all ordinances, by-laws, rules or resolutions passed or adopted by the Council, which journal, after being read and approved at each regular meeting, shall be signed by the Mayor and attested under the hand of the Clerk. He shall countersign all licenses and permits issued to any person or officer and shall charge such person or officer with the same. He shall keep a complete set of books exhibiting the financial conditions of the city in all its departments, resources and liabilities, with a proper classification thereof, and he shall be the general accountant of the city. He shall countersign and certify all claims for warrants drawn upon the Treasurer by the Mayor. He shall, when required, make and certify under the seal of the city, copies of any and all papers, documents or records in his custody and such copies shall be prima facie evidence of the matters therein contained, and the Clerk shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the Clerk who shall report upon the same and on all matters pertaining to his office, at each regular meeting of the Council, or oftener as may be required. Such reports shall be in writing and under oath. Sec. 3. In addition to the duties hereinbefore imposed, the City Clerk shall be the official License Collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes) and collected by any person whomsoever, shall be at once paid over to the City Clerk, and the City Clerk shall promptly pay the same over, together with all moneys in his hands, to the City Treasurer. All special taxes, whenever and wherever practicable, shall be collected by the City Clerk. The time and manner of collection of special taxes and collections of licenses shall be fully provided for and fixed by ordinances. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, the City Clerk shall forthwith report such delinquent to the Council, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the Clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business in such place or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. |
Custodian of bonds of other officers Various duties.
To keep minutes of Council.
Shall countersign all licenses and claims.
Clerk to be official License Collector.
To collect special taxes, when. To report delinquents. |
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Property liable for license.
One dollar added to delinquent license.
Bond.
Salary.
Further duties.
City Attorney.
Term, two years. Qualifications.
Legal adviser of all officers. Shall prosecute all offenses.
Shall draw all ordinances. ` |
as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business in such place or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become and be a part of the license and shall, with such license, be collected by the City Clerk. Sec. 4. The City Clerk shall, before entering upon the discharge of his duties, execute to the city a good and sufficient bond for the faithful performance of his duties, which bond shall be in such sum and conditioned in such manner, and sureties thereon, approved by the Council. Sec. 5. The City Clerk shall receive a salary in the sum of one thousand dollars per annum. Sec. 6. The City Clerk shall perform such other and further duties as may be required of him by the Council, or prescribed by ordinance.
ARTICLE V.
city attorney.
Section 1. There shall be a City Attorney, who shall be elected by the qualified electors of the city at each general city election and he shall hold office for the term of two years and until his successor shall have been duly elected and qualified. No person not a licensed and practicing attorney of the Supreme Court of this State, in good standing at the bar, a bona fide resident of the city and taxpayer therein, shall be eligible to the office of City Attorney. Sec. 2. The City Attorney shall be the legal adviser of the Council and all officers of the city, in all matters respecting the affairs of the city. He shall act as the attorney for the city in any and all legal proceedings in any and all courts, in which the city is a party or interested. He shall prosecute in the proper courts for all offenses against the provisions of this charter, the ordinances of said city and shall perform such other and further duties as may be required of him by the Council, or prescribed by ordinance. He shall be present at all meetings of the Council, draw all ordinances, orders, rules and resolutions required by the Council. He shall verify and file for record all claims of the city for liens and assessments imposed for street improvements which remain unpaid, and shall preserve, protect and enforce the rights of the city by prosecuting suits for the foreclosure of the same in the proper courts, and shall receive all moneys paid in by delinquents or otherwise realized in such proceedings, and shall, without delay, pay over all such moneys to the City Clerk. |
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paid in by delinquents or otherwise realized in such proceedings, and shall, without delay, pay over all such moneys to the City Clerk. Sec. 3. The Council may, in the exercise of its sound discretion, employ counsel to aid the City Attorney whenever in its judgment, the public interests shall require such employment and the expense thereof shall be allowed and paid in the same manner as other claims against the city. Sec. 4. The City Attorney shall receive a salary in the sum of nine hundred dollars per annum.
ARTICLE VI.
Section 1. The Assessor Washoe County shall, in addition to the duties now imposed upon him by law, act as the Assessor of the city and shall be ex officio City Assessor, without further compensation. He shall perform such duties as the Council may by ordinance prescribe.
ARTICLE VII.
city auditor.
Section 1. The Auditor of Washoe County, shall, in addition to the duties now imposed upon him by law, act as Auditor of the city and shall be ex officio City Auditor, having the same power of veto as regards claims against the city allowed by the Council as is now provided by law in relation to claims against the counties and allowed by Boards of County Commissioners. The City Auditor shall sign all warrants issued and shall be the custodian of all blank licenses. All licenses shall be in printed form, with marginal stubs attached, and stitched together in books. The City Auditor shall deliver them from time to time to the City Clerk, who shall collect for the same. The City Auditor shall charge the City Clerk with the face or representative value of all blank licenses so delivered, and credit him at the same rate for as many thereof only as said City Clerk shall return to the City Auditor at the time of the settlement of the account of the City Clerk. Sec. 2. The City Auditor shall keep an accurate record and account of all warrants and orders drawn upon the City Treasurer, in such manner that the Council can, at any time, ascertain the actual outstanding indebtedness. The City Auditor shall draw his warrant for all claims allowed by the Council, signed by the Mayor, certified by the City Clerk, and approved by him, upon the City Treasurer, and shall perform such other and further duties as may be required, or prescribed by ordinance of the Council. He shall receive as full compensation for his services a sum of three hundred dollars per annum. |
Additional counsel may be employed.
Salary.
County Assessor to be ex officio City Assessor.
County Auditor to be ex officio City Auditor.
Custodian of all blank licenses.
Shall keep accurate record of all accounts.
Salary. |
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County Treasurer to be ex officio City Treasurer.
Shall receive all city moneys.
Reno General Fund.
Shall cancel warrants.
Books to be examined.
Bond.
Salary. |
ARTICLE VIII.
city treasurer.
Section 1. The Treasurer of Washoe County shall, in addition to the duties now imposed upon him by law, act as Treasurer of the City and he shall be ex officio City Treasurer and Tax Receiver. He shall receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out, only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness. Sec. 2. All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the City Clerk, person or officer receiving the same, to the City Treasurer, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one of which shall be given to the City Auditor immediately for the more perfect keeping of his accounts, and the information of the Council, and the other of said duplicate receipts shall be given to the officer or person so paying in such money. All such money shall be placed by the Treasurer in a fund to be known as the Reno General Fund; and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness. Sec. 3. On paying any warrant, the Treasurer shall write or stamp across the face thereof, in red ink, the word Redeemed with the date of such redemption and sign his name thereto officially and the warrant so canceled shall be a sufficient voucher for the Treasurer as to the amount so paid, in his official settlements with the city, which shall take place annually on the fourth Monday in December of each year, or oftener as may be required by the Council. The Mayor, City Clerk, or any member of the Council may at any time examine the books and vouchers of the Treasurer, concerning the state of the finances and moneys in the hands of the Treasurer, belonging to the city. Sec. 4. The City Treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient bond, with sureties approved by the Council; said bond to be in such sum and conditioned as may be required by the Council. The City Treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance, and he shall receive as full compensation the sum of three hundred dollars per annum. |
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ARTICLE IX.
police department.
Section 1. There shall be a Chief of Police of said city who shall be appointed by the Mayor, subject to confirmation by the Council. He shall be an actual bona fide resident and elector of the city, of the age of not less than thirty years, a taxpayer in the city and citizen of the State. The Chief of Police shall have power to appoint an Assistant Chief of Police, by and with the consent and subject to the confirmation of the Council, and also, to appoint the necessary number of policemen required by the Council, such appointees to be subject to approval and confirmation of, and salaries or compensation fixed by, the Council. Sec. 2. The Chief of Police shall have command and control of the police force of the city, and may suspend any police officer for cause pending investigation by the City Council. He shall be vigilant in the detection of crimes and the speedy apprehension of all criminals and offenders, and shall diligently see that all ordinances of the city of a police nature, the general laws and the provisions of this charter, are rigidly enforced and observed. Sec. 3. The Chief of Police shall execute all process issuing from the Municipal Court. In his absence or inability to act, his assistant may act. The Chief of Police shall before entering upon the discharge of his duties, furnish a bond to the city which shall apply in like manner to any assistant acting in his stead. Said bond shall be in a sum and conditioned as the Council shall require, and be approved by the Council. The duties of Chief of Police may be more fully defined and provided for by such ordinances as the Council shall from time to time enact. The Chief of Police shall receive a salary in the sum of fifteen hundred dollars per annum.
ARTICLE X.
fire department.
Section 1. There shall be a Chief of the Fire Department, who shall be a citizen of the State, a bona fide resident in the city for a period of at least three years next preceding his appointment, a taxpayer of and qualified elector in said city. He shall be appointed by the Mayor, subject to confirmation by the Council. He shall give his entire time and attention to the duties of his office, and shall see that all rules, regulations, laws and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department, and, from time to time, shall report to the Council, with his recommendations for the betterment of the department and to increase its efficiency. |
Chief of Police.
Qualifications.
Assistant.
Policemen.
Duties of Chief.
Chief to execute all process.
Bond.
Salary.
Chief of Fire Department.
Shall give entire time to duty. |
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To appoint firemen.
To have command.
May impress citizens.
May destroy buildings to arrest fires.
Owners reimbursed.
Exception.
Compensation for injuries.
Council to purchase suitable apparatus.
Buildings. |
ment and to increase its efficiency. He shall have power, subject to confirmation by the Council, to appoint the necessary number of firemen as may be required by the Council. Sec. 2. The Chief of the Fire Department shall have command and control of the Fire Department, and shall exert himself to protect property from fire and generally to exercise the utmost vigilance for the safety of the city against conflagrations. The Council shall have power to enact ordinances authorizing the Chief of the Fire Department to command the aid and assistance of any person or persons present at a fire, and to punish disobedience of the orders of the Chief of the Fire Department. Sec. 3. The Chief of the Fire Department in charge thereof at any fire, may cause any building or structure to be pulled down or destroyed, when deemed necessary by him to arrest the progress of fire, and no action can be maintained against him or the city therefor; but if any person having an interest in the building or structure shall apply to the Council within three months after such fire, for damages or compensation for such building or structure, the Council may, in its discretion, pay him such sum as it shall deem just. The Council may ascertain such damages by agreement with the owner, by arbitration or by the appraisal of a jury, to be selected in the same manner as in case of juries to appraise damages for taking private property for public use, and the Council shall have the power to cause the amount of any damages or any portion thereof, so determined, to be defrayed by a special assessment upon the property which in the judgment of the Council was protected, saved or benefited by the destruction of such building or structure, but no damages shall be paid for any loss which would probably have occurred to such building or structure, if it had not been pulled down or destroyed. Sec. 4. The Council may provide suitable compensation for any injury which any fireman or other person may receive to his person or property in consequence of the performance of his duty at any fire, and while acting under the orders of the Chief of the Fire Department. Sec. 5. The Council may purchase and provide suitable fire engines and such other apparatus, instruments, horses, harness and all necessary means for the use of the Fire Department as may be required for the extinguishment of fires; and may sink wells, construct cisterns and reservoirs in the streets, public grounds and other suitable places, within or without the city, and make all necessary provisions for a convenient, sufficient and proper supply and force of water for the use of the Fire Department. Sec. 6. The Council may also provide or erect all necessary and suitable buildings for keeping the engines, carriages, horses and apparatus of the Fire Department. Sec. 7. The Chief of the Fire Department may, with the consent and subject to the confirmation of the Council, appoint an Assistant Chief of the Fire Department, who shall have all the powers and duties of the Chief, during the absence or inability of such Chief to act. |
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consent and subject to the confirmation of the Council, appoint an Assistant Chief of the Fire Department, who shall have all the powers and duties of the Chief, during the absence or inability of such Chief to act. The salary of such Assistant and all firemen shall be fixed by ordinance. The Chief of the Fire Department shall receive a salary in the sum of fifteen hundred dollars per annum.
ARTICLE XI.
city engineer and superintendent of streets.
Section 1. There shall be a City Engineer, who shall be a citizen of the State, a bona fide resident and qualified elector of the city. He shall have had no less than three years practical experience as a civil engineer, next preceding his appointment. The City Engineer shall be appointed by the Mayor, subject to confirmation by the Council. Sec. 2. The City Engineer shall perform all the engineering and surveying required by the city, in the carrying on of any public works and improvements. All maps, plats, profiles, field notes, estimates and all other memoranda of surveys and other professional work made or done by him or under his direction or control, shall be and continue to be the property of the city. He shall be the custodian of all maps, plats, profiles, field notes and other documents and records, memoranda and papers belonging to the city pertaining to his office and the work thereof, all of which shall be kept in proper order and condition fully indexed for easy and ready reference. The City Engineer shall perform such other and further duties as the Council may require or which shall be prescribed by ordinance. Sec. 3. As Street Superintendent the City Engineer shall see that all laws, ordinances, rules and regulations concerning the public streets, highways, alleys and roads within the city are observed and that the penalties for any breach thereof are rigidly enforced. He shall superintend and direct the sweeping, cleaning and sprinkling of the streets, the cleansing and flushing of sewers and have general care of the streets, alleys and highways of the city, and, from time to time, make such recommendations as to their betterment and improvement as he shall deem proper. It shall be his duty to enforce all rules, regulations and ordinances pertaining to the streets, alleys, highways, roads and sidewalks in the city, and to receive, investigate and act on all complaints concerning the same. He shall inspect all street improvement or sidewalk improvement works carried on by the city or individuals, and shall have power to approve, reject, change or alter the same and to inspect, approve, reject or alter the material used therein or the manner of the construction thereof. He shall report to the Council from time to time and whenever required and shall perform such other and further duties as may be required by the Council or which may be prescribed by ordinance. |
Assistant Chief.
Salary of Chief.
City Engineer. Qualifications.
All maps, etc., to be property of city.
Further duties.
Shall enforce all laws regarding streets.
To report to Council. |
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Salary.
Formation of City Council. Qualifications.
Terms of Councilmen under first city election.
Terms under subsequent elections.
Four Councilmen at each election. |
required by the Council or which may be prescribed by ordinance. Sec. 4. The City Engineer and Superintendent of Streets shall receive a salary in the sum of fifteen hundred dollars per annum.
ARTICLE XII.
legislative department.
Section 1. The legislative power of the city except as hereinbefore provided, shall be vested in a City Council, consisting of five members who shall hold office for the term of two years, subject to the exception stated in the next section. They shall be citizens of the State, bona fide residents of and taxpayers in the city and qualified electors thereof. They shall be chosen by the qualified electors of their respective wards, whose names appear upon the official register as electors of such ward and residents thereof within the corporate limits of said city; provided, that no person shall be eligible for the office of Councilman who shall not have been an actual bona fide resident in the ward to be represented by him, for the period of at least six months next immediately preceding the date of such election. Sec. 2. Of the Councilmen elected hereunder at the next general city election, the one elected from the First Ward shall serve for the term of four years from and after the date of his election; the one elected from the Second Ward, the one elected from the Third Ward, the one elected from the Fourth Ward and the one elected from the Fifth Ward shall serve for the term of two years from and after the date of their election. At the next subsequent general city election after the election last above mentioned, the Councilman elected from the Second Ward shall serve for the term of four years from and after the date of his election. At the next subsequent general city election after the election last above mentioned, the Councilman elected from the Third Ward shall serve for the term of four years from and after the date of his election. At the next subsequent general city election after the one last above mentioned, the Councilman elected from the Fourth Ward shall serve for the term of four years from and after the date of his election, and at the next subsequent election after the election last above mentioned, the Councilman elected from the Fifth Ward shall serve for the term of four years from and after the date of his election, and thereafter, the election of a four-year-term Councilman shall alternate between the said wards, commencing with the First Ward and thenceforth at each subsequent general city election in the order as named above. At each general city election after the election in this section first mentioned, four Councilmen shall be elected to succeed those whose terms are about to expire. Sec. 3. Any vacancy occurring in the office of Councilman, shall be filled by the Mayor and Council at the first regular meeting after such vacancy, when the Council and the Mayor, who shall have the same voting power thereon as a Councilman, shall by a majority vote, elect some person possessing the requisite qualifications as hereinbefore prescribed, who shall hold said office until the election and qualification of a Councilman therefor at the next general city election; provided, that if a vacancy shall occur at any time during the first two years of any four-year-term Councilman, the Council and Mayor shall elect some person possessing the requisite qualifications, to fill such office until the next general city election and until his successor is elected and qualified, at which said election the electors of the ward for which such vacancy occurred shall elect some person possessing the requisite qualifications, who shall serve out the balance of the term, as provided in the preceding section. |
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man, shall be filled by the Mayor and Council at the first regular meeting after such vacancy, when the Council and the Mayor, who shall have the same voting power thereon as a Councilman, shall by a majority vote, elect some person possessing the requisite qualifications as hereinbefore prescribed, who shall hold said office until the election and qualification of a Councilman therefor at the next general city election; provided, that if a vacancy shall occur at any time during the first two years of any four-year-term Councilman, the Council and Mayor shall elect some person possessing the requisite qualifications, to fill such office until the next general city election and until his successor is elected and qualified, at which said election the electors of the ward for which such vacancy occurred shall elect some person possessing the requisite qualifications, who shall serve out the balance of the term, as provided in the preceding section. Sec. 4. A majority of all members of the Council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time and with the approval of the Mayor, compel the attendance of the absent members. The Council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings and upon the call of any one member, or the Mayor, must cause the yeas and nays to be taken and entered in its journal upon any question before it. Its deliberations, sessions and proceedings must be public. The Councilmen shall receive a salary of three hundred dollars per annum. Sec. 5. The Council shall hold regular meetings on the second and fourth Mondays of each month and shall continue in session from day to day until the unfinished business of each regular meeting shall have been fully and finally disposed of as far as practicable. Special meetings may also be held on a call of the Mayor or by a majority of the Council; provided, that no contract involving the expenditure of money shall be made, or any ordinance passed or any claim allowed at any such special meeting; and provided further, that no business shall be transacted at such special meeting except such as shall be stated in the call therefor. Sec. 6. Upon the passage of ordinances, or any resolution appropriating money, allowing claims, granting, denying, increasing, decreasing, abolishing or revoking licenses or changing the rate or terms of licenses, the yeas and nays shall be taken and the Clerk shall enter the same and the vote of each member, as well as the Mayors vote in case of a tie, in the journal. Sec. 7. The style of ordinances shall be as follows: The City Council of the City of Reno do ordain, and all proposed ordinances, when first proposed, shall be read aloud, in full, to the Council, and then laid over until the next regular meeting for adoption or rejection. All ordinances shall be signed by the Mayor and be published in full, together with the votes cast thereon, in some daily newspaper published in the city, for the period of at least one week, before the same shall go into effect. |
Vacancies filled by Mayor and Council.
Proviso.
Quorum.
Journal must be kept. Public sessions. Salary of Councilmen.
Regular meetings.
Special meetings.
Proviso.
Yeas and nays must be taken.
Style of ordinances.
Publication |
κ1905 Statutes of Nevada, Page 112 (CHAPTER 71)κ
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Power to punish for contempt.
Mayor or Clerk may administer oaths.
Restrictions as to method of passing ordinances, etc.
Powers of City Council. Meetings and members.
To pass ordinances.
To levy tax.
To control property.
Proviso. To regulate streets and alleys, etc. |
together with the votes cast thereon, in some daily newspaper published in the city, for the period of at least one week, before the same shall go into effect. Sec. 8. The Council shall have the power to punish any person or member thereof, for disorderly conduct in its presence, and to compel the attendance of witnesses and the production of all papers relating to any business before the Council; and may punish disobedience of its subpena, or any contemptuous or disorderly conduct committed in its presence, by fine not exceeding fifty dollars or imprisonment not exceeding fifteen days, or by both such fine or imprisonment. The Mayor, Mayor pro tempore while acting in the stead of the Mayor, and the City Clerk shall have power to administer oaths and affirmations relating to any business pertaining to the city before the Council or to be considered by it. Sec. 9. No ordinance shall be passed except by bill and when any ordinance is amended, the section or sections thereof shall be reenacted as amended, and no ordinance shall be revised or amended by reference only to its title. Every ordinance shall embrace but one subject and matters necessarily connected therewith and pertaining thereto, and the subject shall be clearly indicated in the title and in all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title. Sec. 10. The City Council, among other things, shall have power: First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members. Second-To make and pass all ordinances, resolutions and orders, not repugnant to the Constitution of the United States, or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city and for making effective the provisions of this charter. Third-To levy and collect annually, a tax of not to exceed one per cent upon the assessed value of all real and personal property within the city, and which is by law taxable for State and county purposes. Fourth-To sell, use, lease, improve, hold and take care of the real estate and personal property of the city; provided, the Council shall not have power to mortgage, hypothecate or pledge any property of the city for any purpose. Fifth-To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and by ordinance require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley or otherwise improving same; also to provide by ordinance the improvement and preservation of the city parks and the construction, repair and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awning-posts, show windows and other things upon and over sidewalks and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures and excavations in and under the same, and to prevent, prohibit and remove all obstructions and nuisances upon the sidewalks, streets and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts. |
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same; also to provide by ordinance the improvement and preservation of the city parks and the construction, repair and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awning-posts, show windows and other things upon and over sidewalks and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures and excavations in and under the same, and to prevent, prohibit and remove all obstructions and nuisances upon the sidewalks, streets and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts. Such part of the expenses of improving any streets, lanes, avenues or alleys by grading, paving, graveling, curbing, constructing sidewalks or otherwise improving the same, as the Council shall determine, may be paid from the General Fund, Street Fund, or District Street Fund, from the proper street district, or the said cost, or a portion thereof, as the Council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other lands as in the opinion of the Conncil may be benefited by the improvement. When the City Council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains or sidewalks and curbings, macadamizing, oiling, graveling or grading any streets or alleys or in any way improving the same, and defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by ordinance, stating the improvements and what part or portion of the expenses thereof shall be paid by special assessments and what amount shall be paid out of the General Fund, Street Fund, District Street Fund or any other fund. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings, or other public building, or public grounds not taxable, fronting on such improvements, such part of the expenses of such improvements as in the opinion of the Council or Assessor making such special assessment would be justly apportionable to such public grounds, buildings and city property and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the General Fund or from the proper Street or District Street Fund or part from each, as the Council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not fronting upon the improvement, then upon all the land included in such special assessment, in proportion to the estimated benefits resulting thereto from the improvement. |
To regulate streets and alleys, etc.
To assess expense.
Provisions as to improvements fronting on public property. |
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Assessment to be just.
Public buildings.
Public improvements. |
include other lands not fronting upon the improvement, then upon all the land included in such special assessment, in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the Council or Assessor, making the assessment, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz., for City Hall and other public buildings for the use of the city, officers, engine houses and structures for the Fire Department, water works, City Prison, levees and embankments, shall be paid from the proper General Fund of the city; except that, in case of lands appropriated for streets and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the City Council, the benefits thereof are special rather than general or public, when by the provisions of this Act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the City Council shall determine to make any public improvement or repairs, in the laying of pavements, or constructing sidewalks or in any way improving the streets in the city and defray the whole or any part of the cost and expenses thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been appropriated from the General Fund of the city, or from the Street Funds, or District Street Funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district if a special district is set apart therein including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be upon the property according to the frontage it shall be sufficient in said ordinance to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district or the location that the various parts to be assessed can be ascertained and described by the City Assessor. |
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Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the Council shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the City Clerk for public examination; and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed by publication for two weeks at least in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each postoffice of said city, and three notices near the site of said proposed work in some public and conspicuous place, and of the time when the Council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of four-fifths of the members of the City Council. In all cases where the Board of Health or other officials of the city, or the City Council are authorized to so do, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon property, and where special provisions for making the levy are not herein made, the Council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph and may at their option refer the same to the City Assessor and have the same assessed against such property. The cost and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the whole amount be levied by special assessment upon any lot or premises where any one improvement exceeds twenty per cent of the value of such lands as last before valued and assessed for State and county taxation in the county tax roll. Any cost exceeding that per cent which would otherwise be chargeable upon said lot or premises shall be paid from the general funds of the city. The Council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the Council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the Council from advertising for proposals for doing the work whenever they see fit, provided the contract shall not be made or awarded before the time herein stated. |
Estimates of cost of public improvements.
Notice to be given by publication in newspapers.
Sworn statements may be demanded
No improvement to exceed 20 per cent of value of property.
No contract awarded without public hearing. |
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City Assessor to assess pro rata cost of improvements.
City Assessor to make out special assessment roll.
Provisos.
Proportionate assessment. |
the contract shall not be made or awarded before the time herein stated. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits the Council shall, by ordinance, direct the same to be made by the City Assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the Council need not necessarily be governed by the estimates of such improvement provided for herein, but the Council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the City Assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the Council and the provisions of this Act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the Assessor he shall in lieu of the name of the owner, insert the name unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been conformed [confirmed] shall be a lien on such lot, parcel of land or premises, and collected as in other cases. If the assessment is required to be according to the frontage, the City Assessor shall assess each lot or parcel of land or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the City Assessor. If the assessment is directed to be according to benefits, the City Assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. When the Assessor shall have completed the assessment he shall report the same to the Council. |
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shall report the same to the Council. Such reports shall be signed by him and made in the form of a certificate and endorsed on the assessment roll, as follows:
To the Council of the City of Reno: I hereby certify and report that the foregoing is the assessment roll, and the assessment made by me pursuant to an ordinance of the Council of the said city, adopted (give date), for the purpose of paying that part of the cost which the Council decided should be paid and borne by special assessment for the purpose of paying the costs of (e. g.) for paving Virginia Street from First Street to Fourth Street in said city (as the case may be), (or constructing a sewer on Sierra Street), (or as the case may be). That in making such assessment, I have as near as may be and according to my best judgment conformed in all things to the directions contained in the ordinance of the Council hereinbefore referred to, as well as to the charter of the city relating to such assessment. Dated Reno, Nevada, .. , A. D. 190 .. , City Assessor.
When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land or premises which, by the provisions of this Act, the Council is authorized to charge and collect as a special assessment against the same, and not being of that class of special assessments required to be made pro rata upon several lots or parcels of land, and account of the labor or services such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, or the name of the owner or person, if known, chargeable therewith, shall be reported to the Council in such manner as the Council shall present. And the provisions of the previous subdivisions with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision. The Council shall determine what amount or part of every expense shall be charged and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and as often as the Council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises and the persons chargeable therewith respectively to be reported by the City Clerk to the City Assessor for assessment. Upon receiving the report mentioned in the preceding subdivision the City Assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the Council. |
Assessors certificate.
Account of labor and services to be reported.
Council to determine amounts. |
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Assessor to make special assessment roll.
Notice of special assessment.
Council and Assessor to review assessment. |
roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the Council. When any special assessment shall be reported by the City Assessor to the Council, as in this section and subdivision directed, the same shall be filed in the office of the City Clerk and numbered. Before adopting the assessment the City Council shall cause notice to be published for two weeks at least in some newspaper of the city of the filing of the same with the City Clerk, and appointing a time when the Council and Assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the City Clerk. The notice provided for in this subdivision may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
Notice of Special Assessment.
To (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the City Assessor for the purpose of defraying that part of the costs which the Council decided should be paid and borne by special assessment for the (e. g., paving Virginia Street to Fourth Street in said city) or (constructing a sewer on Sierra Street between First Street and Fifth Street) or (as the case may be), is now on file at my office for public inspection. Notice is hereby given that the Council and City Assessor of the City of Reno will meet in the council room in said city on (insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard. Dated .., City Clerk.
At the time appointed for the purpose aforesaid the Council and City Assessor shall meet and there or at some adjourned meeting review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the Council may correct the same as to any assessment or description of the premises, appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the City Assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the City Clerk shall make an endorsement upon the roll showing the date of confirmation which shall be in the following words: Special assessment roll for the (describing fully what the assessment is for) as approved by the Council (the .. |
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assessment is for) as approved by the Council (the ..day of . (month), 19 , affixing the time). Dated . City Clerk.
Sixth-When any special assessment roll shall be confirmed by the Council it shall be final and conclusive; but no such assessment shall be confirmed except by concurrence of four-fifths of the members of the City Council. Said roll when so endorsed shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll. All special assessments shall, from the date and confirmation thereof, constitute a lien upon the respective lots or parcels of land assessed and shall be charged against the persons to whom assessed until paid. Upon the confirmation of any assessment the amount thereof may be divided into not more than four installments to be collected quarter yearly, or one of such installments may be collected each year, at such time as the Council may determine, with annual interest at a rate not exceeding seven per cent. All special assessments, except such installments thereof as the City Council shall make payable at a future time, as provided in the preceding subdivision, shall be due and payable on confirmation. Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the City Council may require the City Assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expenses incident thereto, the amount of such deficiency shall be paid from the General Fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid. Whenever any special assessment shall, in the opinion of the City Council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the City Council shall, whether the improvement has been made or not or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessment in this Act. Whenever any sum or any part thereof levied upon any premises in the assessment so set aside has been paid and not refunded the payment so made shall be applied upon the reassessment on said premises; and the assessment to that extent be deemed satisfied. |
Special assessment to be confirmed by four-fifths of Council.
Special assessments to constitute lien.
When due.
Assessor to apportion uncollected amounts.
Deficiencies, how paid.
Excess, how disposed of. New assessment, when. |
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Unrefunded assessment, how applied.
Lien not impaired.
Assessment, how collected.
Proviso.
Irregular assessment, how recovered.
Construction of fifth and sixth powers.
Fire Department. |
premises in the assessment so set aside has been paid and not refunded the payment so made shall be applied upon the reassessment on said premises; and the assessment to that extent be deemed satisfied. No judgment or decree nor any act of the City Council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon. When any special assessment shall be confirmed and be payable the City Council may direct the City Clerk to report to the City Assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the City Assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed respectively. Upon receiving such report, the City Assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the City of Reno against the person assessed in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution confirming shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor. If in such action provided for in the preceding subdivision it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises. In construing the fifth and sixth powers of section ten, article twelve, anything in this Act contrary thereto shall not be deemed in conflict with the provisions of said powers. Seventh-To organize, regulate, maintain and disband a Fire Department; to provide for the extinguishment of fire and protection against the same; to regulate or prohibit the storage of gunpowder or other explosive, combustible or inflammable material within, or transported through, the city, and to prescribe the distance from said city where the same may be stored, held or kept; to regulate the selling, using or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits and any designated portion thereof. |
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storage of gunpowder or other explosive, combustible or inflammable material within, or transported through, the city, and to prescribe the distance from said city where the same may be stored, held or kept; to regulate the selling, using or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits and any designated portion thereof. Eighth-To determine by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention and removal of the same by the city or at the expense of the parties creating, maintaining, causing or committing such nuisances, and to provide for the penalty and punishment of the same. Ninth-To provide for safe-guarding the health of the city. For this purpose, the Council may appoint a City Board of Health and by ordinance, prescribe its duties and powers. Tenth-To fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and all exhibitions and amusements. To fix, impose and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, bar-rooms, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress all tippling houses, dram-shops, saloons, bars, bar-rooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this State. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress, all saloons, bar-rooms, gambling games, tippling houses, dram-shops, any and all places where intoxicating drinks are sold or given away, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize-fights, cock-fights, bear, bull or badger baits, sparring and sparring contests. |
Protection of property.
To designate and suppress nuisances.
Board of Health.
Licensing of various trades, professions, callings and business. |
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Licensing of various trades, professions, callings and business. |
and sparring contests. To regulate, prohibit, prescribe the location of and suppress, all houses of ill-fame, hurdy-gurdy houses, bawd houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses and saloons having special attractions, such as music or otherwise. To fix, impose and collect a license tax on and regulate all lawful professions, trades, callings and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter-houses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, warehouses, cold storage plants, daily, weekly, semi-weekly, monthly and semi-monthly newspapers or publications, ice peddlers, insurance companies, fire, life, and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, railroad, telegraph and telephone companies, stage companies, electric light, water and power companies, bankers, brokers of any, every and all kinds, electrical supply houses, job printers, manufacturers of soda water or other or any soft drinks, or of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents or solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing the same, iron works, notions and notion stores, pipe and tobacco stores, advertising by bill boards, placards and the like, bootblacks and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses, the Council must as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder, the Council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association or corporation thus licensed. |
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resorts for amusements of all kinds, and all and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians, and dentists and all character of lawful business or callings not herein specifically named; provided, that in fixing licenses, the Council must as nearly as practicable, make the same uniform in proportion to the approximate amount of business done by the licensee; and provided further, that in fixing licenses hereunder, the Council must have due regard for and be governed as far as possible by, the approximate amount or volume of business done by each person, firm, company, association or corporation thus licensed. Eleventh-To fix, impose and collect a license tax on, and regulate all saloons, bar-rooms, dram-shops, bars, tippling houses or places where spirituous, malt, vinous or intoxicating liquors are sold or given away. Twelfth-To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other business. Thirteenth-To prevent and restrain any riot or riotous assemblage or disorderly conduct within the city, and to provide for the punishment of the same. Fourteenth-To provide for the formation of a chain-gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safe-guard and prevent their escape while being so employed. Fifteenth-To provide for conducting all city elections, regular or special, establishing election precincts, changing the same, and appointing the necessary officers of election. Sixteenth-To regulate the speed at which cars, automobiles, bicycles and other vehicles may run within the city limits, and to prescribe the length of time any street may be obstructed by trains being made or cars standing thereon, and to require railway companies either to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the Council, be necessary, and to require street railway cars to be provided with modern fenders, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the safety and security of pedestrians and the traveling public. Seventeenth-To examine all books, papers, reports and statements of the several officers or other persons having custody, care or disbursement of any moneys belonging to the city and to examine and liquidate all accounts and claims against the city and to allow or reject the same or any part thereof. |
Provisos.
To regulate liquor selling.
Dog tax.
Hacks, etc.
Hotel runners.
Riots.
Chain-gang.
City elections.
Fast driving.
Street obstruction.
Regulating railways. |
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Examining city accounts
Providing for licenses.
To pass upon accounts.
Contracts. Proviso.
Cemeteries.
Fire limits and precautions.
Registration of city voters.
Proviso.
City Prison.
Animals running at large. |
statements of the several officers or other persons having custody, care or disbursement of any moneys belonging to the city and to examine and liquidate all accounts and claims against the city and to allow or reject the same or any part thereof. Eighteenth-To provide for the issuance of all licenses in this charter authorized and to fix the amount thereof and the times for, manner of and terms upon which the same shall be issued. Nineteenth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same. Twentieth-To control, enlarge or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located. Twenty-first-To establish, lay out and change fire limits and regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits and to prevent the erection or construction of any buildings or sheds of other material; to regulate, prescribe the material of, or prohibit awnings, porches, signs, placards or bill-boards over sidewalks, or across streets, and to regulate the same throughout the city. Twenty-second-To provide by ordinance, for a supplemental registration of all persons possessing the requisite qualifications of voters in said city and whose names do not appear on the official register of voters in said city for the next preceding general election; such supplemental registration may be had every two years before the Police Judge, and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be had or taken later than thirty days preceding any regular city election, and the registration books shall be closed at least ten days before the day of election. Twenty-third-To provide and maintain a city prison and provide for the guarding, safe-keeping, care, feeding and clothing of the city prisoners. Twenty-fourth-To prevent or regulate the running at large in the city of any poultry, hogs, sheep, goats, swine, horses, cows or animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large. |
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horses, cows or animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large. Twenty-fifth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles, and the suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks. Twenty-sixth-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change and create sewer districts; to require connections with sewers; to require the owners, lessees or other persons in control or possession of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same, fire escapes and appliances for protection against and the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings or any combustible material in unsafe places; to regulate and compel the abating, removal or cleansing, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, debris, nauseous, stinking or foul privy vaults. Twenty-seventh-To regulate the entrance to and exit from theaters, lecture rooms, public halls and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools or benches in or crowding or otherwise impeding or obstructing the passage ways, aisles, entrances or exits of such places. Twenty-eighth-To regulate and control the construction and maintenance of any tubes, pipes or pipe lines, conduits, ditches, signal bells, warning signs and other electric, telegraph and mechanical appliances in, along, over, under and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently, with the free use of the streets, sidewalks or alleys. Twenty-ninth-To require every railroad and street railway company to keep the streets in repair between the tracks aud along and within the distance of two feet upon each side of the tracks. Thirtieth-To require upon such notice as the Council may direct, any noxious or offensive smell, filth or debris to be abated, removed or otherwise destroyed, at the expense of the person or persons causing, committing or responsible therefor, and the Council in like manner may require or cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered and may assess the cost or any portion thereof, of filling, upon such real estate and make the same a lien thereon, in which case said lien shall be preserved, enforced and foreclosed as in other cases herein provided for. |
Pound.
Regulating steam boilers, poles, wires, etc. Unsafe buildings.
Sewers.
Public buildings.
Nuisances.
Entrances and exits.
Pipes on public streets
Proviso.
Railways to repair streets
Abatement of nuisances. |
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Regulating weights and measures.
Penalty.
Punishment of vagrants, drunkards, lewd persons, etc.
Fast driving and cruelty to animals.
Prohibiting obscene literature or shows.
Regulating water, light, and telephone charges. |
cause any lots or portions of lots covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered and may assess the cost or any portion thereof, of filling, upon such real estate and make the same a lien thereon, in which case said lien shall be preserved, enforced and foreclosed as in other cases herein provided for. Thirty-first-To provide for and regulate the manner of weighing all food products and food stuffs, and hay, grain, straw and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations and to examine, test, and provide for the inspection and sealing of all weights and measures, throughout the city and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures. Thirty-second-To restrain and punish vagrants, drunkards, drunkenness, disorderly persons, common prostitutes, mendicants, street walkers, street solicitors for alms or otherwise, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish obscene language, or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, immoral, indecent and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets or alleys, or other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding, or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held or otherwise kept on the streets or alleys of the city. Thirty-third-To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing, any obscene or indecent drawings, engravings, paintings books or pamphlets, and all obscene or indecent exhibitions and shows of every kind. Thirty-fourth-To regulate the use and sale of water, gas, electric and other lights in the city; to fix and determine the price as well as the rentals of all water, gas and electric light meters within the city; and to provide for the inspection of such meters; to regulate telephone service and the use of telephones and to fix and determine the charges for telephones, telephone service and connections within the city. |
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such meters; to regulate telephone service and the use of telephones and to fix and determine the charges for telephones, telephone service and connections within the city. Thirty-fifth-To provide for the lighting of the streets and public buildings and places of the city and to regulate such lighting. Thirty-sixth-To regulate lodging, tenement and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and to require the same to be kept in a sanitary condition. Thirty-seventh-To adopt and enforce by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the Council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of said city; the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances or any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any, every and all other acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purposes and intent thereof. Thirty-eighth-To provide for the cleaning of the river, reservoirs and streams of the city, and the ditches connected therewith, of all driftwood and noxious matter; to prohibit, prevent and punish the depositing therein of any filth or other matter tending to make the waters thereof impure, unwholesome or offensive. Thirty-ninth-To require of all ditch or canal companies, persons or individuals owning, operating or controlling any ditch or canal running over or across any of the streets or alleys of the city; to cause such ditch or canal to be completely bridged from side to side of such streets or alleys. Fortieth-To compel the owner of any grocery, tallow-chandler shop, soap or candle factory, butcher shop or stall, slaughter house, stable, barn, corral, sewer, privy or other offensive, nauseous or unwholesome place or house, to cleanse, remove or abate the same, whenever the Council shall deem it necessary for the health, comfort or convenience of the inhabitants of the city; the expense thereof to be paid by the persons causing, maintaining or committing the same. Forty-first-To select, appoint and employ an engineer, surveyor, architect or other skilled mechanic or person from time to time, whenever in the judgment of the Council it shall be necessary or expedient for the purpose of supervising and directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined and fully defined by ordinance. Forty-second-To prescribe fines, forfeitures and penalties for the breach or violation of any ordinance, or the provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment. |
Public lighting.
Lodging and tenement houses.
To protect public health, morals and peace by ordinance.
Cleaning of city streams and reservoirs.
All ditches to be completely bridged.
Unwholesome institutions regulated.
To employ competent supervisor. |
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To prescribe fines and penalties.
To fix official bonds
To institute and maintain all city suits.
To manage all real and personal city property.
Proviso.
To protect trees and shrubbery.
To condemn any property.
To alter ward boundaries. Proviso.
Referendum. |
for the breach or violation of any ordinance, or the provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment. Forty-third-To require of and prescribe the amount of official bonds from its members and all officers of the city, whether elective or appointive. Forty-fourth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary in the judgment of the Council, to enforce or maintain any right of the city, and they may in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise, against any property owner refusing or neglecting to pay as assessed by the Council, his ratable proportion of the cost of paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits the property or owner thereof. Forty-fifth-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues, assessments or demands of every nature or kind, belonging or inuring to the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park or public purposes shall be so sold or in any manner disposed of. Forty-sixth-To prohibit the injury to or interference with the ornamental trees and shrubbery in the streets and public places of the city, and to prescribe the punishment for such injury and interference. Forty-seventh-Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law and all rights of eminent domain may be exercised by the city in relation thereto. Forty-eighth-To change or enlarge the boundaries of any ward by ordinance, so as to annex and include therein additional lands, with the tenements, property and inhabitants thereof; provided, the Council shall be first petitioned so to do by a majority of the persons of the district proposed to be so annexed; and provided further, that no change in the boundaries of any ward, except for the purpose of enlarging the same, shall be made within sixty days next preceding any general city election, and in no event oftener than once every two years. Sec. 11. Whenever there shall be presented to the Council a petition signed by a number of the qualified city electors equal to fifteen per cent of the votes cast in the city at the next preceding general city election, praying that a proposed ordinance or ordinances, to be set out in full in such petition, be submitted to a vote of the electors of the city, such proposed ordinance or ordinances must be submitted to the vote of the electors of the city at the next general city election, unless said ordinance or ordinances shall have been adopted more than thirty days prior to such election
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next preceding general city election, praying that a proposed ordinance or ordinances, to be set out in full in such petition, be submitted to a vote of the electors of the city, such proposed ordinance or ordinances must be submitted to the vote of the electors of the city at the next general city election, unless said ordinance or ordinances shall have been adopted more than thirty days prior to such election Sec. 12. Whenever there shall be presented to the Council a petition signed by a number of qualified city electors equal to thirty per cent of the votes cast at the next preceding general city election, praying that a proposed ordinance or ordinances, to be set out in full in such petition, be submitted to a vote of the electors of the city, at a special election to be called for that purpose, such special election must be called within forty days after such petition shall have been received by the Council, and such proposed ordinance or ordinances must be submitted to the vote of the city electors thereat, unless the Council shall, within thirty days after having received said petition, duly adopt said ordinance or ordinances. Sec. 13. The Council may at such general or special election, submit an alternative ordinance for the choice of the electors, and any number of proposed ordinances may be voted on at the same election. Sec. 14. The signatures to such petitions need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall make oath before an officer competent to administer oaths, that the statements therein made are true and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. Sec. 15. The tickets used at such elections in voting on such proposed ordinances shall contain the words For the ordinance (stating in brief the nature thereof), and Against the ordinance (stating in brief the nature thereof). Sec. 16. If a majority of the vote cast upon the question of such ordinance shall be in favor of the adoption thereof, the Council shall, within twenty days, and at the first regular meeting after such election, proclaim such fact by publishing such proclamation attached to a copy of such ordinance in a daily newspaper published in the city, for the period of at least one week, and thereupon such ordinance shall go into effect and have the same force as an ordinance duly passed by the Council and approved by the Mayor and the same shall not be repealed by the Council. But the same may be repealed or amended only at any general or special election, in the manner of its adoption. Such amendment or repeal may be proposed by the Council.
ARTICLE XIII.
health department.
Section 1. The Board of Health shall consist of not less than three nor more than five members, all of whom, except the Mayor, shall be appointed by the Mayor, subject to confirmation by the Council. |
Petition signed by 15 per cent of city electors.
Referendum vote on adoption of ordinances.
Council may submit alternative ordinance.
Signatures need not be on one paper Affidavit.
Ballots.
How each ordinance made operative. |
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City Board of Health. Qualifications.
Term, two years. Mayor to be Chairman.
Quorum.
Secretary, ex officio Health Officer.
Duties of Board of Health.
Rules.
May quarantine.
Inspection of food stuffs.
Council shall provide for enforcing Boards orders. |
than three nor more than five members, all of whom, except the Mayor, shall be appointed by the Mayor, subject to confirmation by the Council. Each of the members thus appointed shall be a citizen of the State and shall have been a bona fide resident and qualified elector of the city for the period of at least one year next preceding his appointment, and the majority of the members thus appointed shall be practicing physicians of reputable standing in their profession. The term of office shall be two years and until their successors shall have duly qualified. The Mayor shall be the presiding officer of the Board. Sec. 2. A majority of the members of the Board shall constitute a quorum for the transaction of business. Sec. 3. The Board shall at its first meeting and annually thereafter, appoint one of its members, who is a practicing physician, as Secretary of the Board. The Secretary shall be ex officio Health Officer of the city. Sec. 4. The Board of Health shall have supervision of all matters pertaining to the sanitary condition of the city and the public institutions thereof, and full powers are hereby given the Board over all questions of defective drainage, the said infection [disinfection] and sanitary cleaning of all public and private places, and the abatement of all nuisances prejudicial to the health of the city. The Board shall adopt such forms, rules and regulations for the use of physicians and undertakers as in their judgment may be best calculated to secure vital and reliable mortality statistics in said city, and to prevent the spread of contagious and infectious diseases, and for that purpose shall have power to adopt quarantine laws, rules and regulations. The Board shall have the power to prevent or forbid communication with infected families or houses, and, with the consent of the Mayor, may provide the necessary attendants and supplies for any pest house which may be in use, and the Health Officer shall have power to establish a temporary pest house or pest houses, in case of any emergency. Sec. 5. The Board of Health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, dairy products and all other food products offered for sale in the city and to have any such products as are unsound, spoiled, unwholesome or adulterated summarily destroyed. Sec. 6. The Council shall by ordinance or otherwise, provide for enforcing such orders and regulations of the Board of Health as it may from time to time adopt, and all expenses necessarily incurred by the Board of Health or the Health Officer in carrying out the provisions of the law, this charter and ordinances, shall be provided for by the Council, which is hereby authorized and directed to make the necessary appropriations therefor out of the general funds of the city. Sec. 7. The Secretary of the Board shall see that the laws and ordinances of the city in relation to the health and the regulations and orders of the Board of Health are properly enforced and observed. |
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and ordinances of the city in relation to the health and the regulations and orders of the Board of Health are properly enforced and observed. The Secretary shall keep a full record of all the transaction of the Board as well as all records pertaining thereto. No interments or cremations shall be made in the cemeteries of the city unless said Health Officer is satisfied of the correctness and reliability of the certificate of death presented for his inspection. He shall have power to reject certificates which do not comply with the regulations of the Board. He shall have the power of a police officer in the enforcement of all rules pertaining to his office and duties, and shall make an extended annual report to the Board of Health of the affairs pertaining to his office, including mortuary and other statistics, with such observations and recommendations in relation to the sanitary condition of the city, as he may deem proper. Sec. 8. The Health Officer shall visit at least twice a year, and oftener if necessary, all public buildings or buildings used for public purposes, and all school-houses in said city. During such visits he shall examine the manner in which such buildings are lighted, heated and ventilated, and particularly as to their sanitary condition. The Health Officer shall promptly report in writing to the principal or governing authorities of all schools, the name and residence of every person sick with cholera, smallpox, scarlatina, diphtheria or any contagious or infectious disease. Said principals or authorities, when so notified, must refuse admittance to the schools of any member of the household, one or more of whose inmates are sick from any of the aforementioned diseases. The person excluded shall be admitted on presenting a certificate from his or her attending physician, countersigned by the Health Officer, to the effect there is no longer any danger from contagion. When a case of contagious disease is reported to the Health Officer, he may visit the premises where the person is, and, when satisfied that such disease exists, he shall place a flag or conspicuous notice on said premises, which shall remain on the same during the continuance of the disease at such place. Sec. 9. The Health Officer may cause to be removed to a smallpox hospital or pest house any person in said city having smallpox. When a case of smallpox exists in any house and the person so affected is not removed to said hospital or pest house, the Health Officer shall immediately place a quarantine flag on said premises and may place a competent person in charge thereof, who shall see that a quarantine is strictly enforced, as long as the public safety requires. Sec. 10. Every member of the Board of Health may administer oaths on matters connected with the Health Department. Sec. 11. The Council may by ordinance, prescribe a salary for the Health Officer, but such salary when fixed, shall not be changed so as to increase the same, oftener than once every two years, except temporarily during the period of any emergency of dangerous epidemic or the like. |
Duties of Secretary.
To have power of police officers. Report.
Health Officer to inspect public buildings.
Infectious diseases.
Quarantine flag or notice.
Removal to pest house.
Oaths.
Salary of Health Officer. |
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Municipal Court.
Police Judge. Qualifications.
Elected.
Bond.
Same powers as Justice Courts.
Trial without jury.
Imprisonment or chain-gang.
Jurisdiction of Municipal Court. |
be changed so as to increase the same, oftener than once every two years, except temporarily during the period of any emergency of dangerous epidemic or the like. The other members of the Board shall serve without compensation.
ARTICLE XIV.
judicial department.
Section 1. There is hereby created and established, in and for the City of Reno, a Municipal Court, which is hereby vested with the judicial power of the city for municipal purposes. Sec. 2. The Municipal Court shall be presided over by a Police Judge, who shall be a citizen of the State, a bona fide resident of the city for a period of not less than five years next preceding his election and he shall be an elector and taxpayer in the city. He shall be elected by the qualified electors of the city at each general city election and shall hold office for the term of two years and until his successor shall have been duly elected and qualified. He shall, before entering upon the discharge of his duties, make and execute to the city, a good and sufficient bond in such sum and conditioned as the Council may prescribe, and the sureties thereon shall be subject to the approval of the Council. Sec. 3. The Municipal Court shall have the powers and jurisdiction in said city as are now provided by law for Justices of the Peace, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said Court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said Court shall conform as nearly as practicable, to the practice and proceedings of Justices Courts in similar cases. Fines imposed by the Court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every one dollar of such fine, or said Court may, in its discretion, adjudge and enter upon the docket, a supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied. Sec. 4. Said Court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the non-payment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said Court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, for the recovery of personal property belonging to the city, when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such Court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer, that the validity of any tax, assessment or levy, shall necessarily be in issue in such cause, in which case, the Court shall certify such cause to the District Court in like manner and with the same effect as provided for [by] law for certification of causes by Justices Courts. |
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hundred dollars; also of actions to foreclose liens in the name of the city for the non-payment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said Court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, for the recovery of personal property belonging to the city, when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such Court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer, that the validity of any tax, assessment or levy, shall necessarily be in issue in such cause, in which case, the Court shall certify such cause to the District Court in like manner and with the same effect as provided for [by] law for certification of causes by Justices Courts. Sec. 5. The said Court shall have jurisdiction of the following offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog-fights, cock-fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city. Sec. 6. The said Court shall be treated and considered as a Justices Court whenever the proceedings thereof are called into question. The Court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said Court, and may punish for contempt in like manner and with the same effect as is provided by general law for Justices of the Peace. The Police Judge shall keep a docket in which shall be entered all official business in like manner as in Justices Courts. He shall render monthly or oftener, as the Council may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since his last report, and shall at the same time render and pay unto the City Clerk all fines collected and moneys received on behalf of the city since his last report. Sec. 7. In all cases in which the Police Judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff or complaining witness as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any Justice of the Peace of said county on the written request of the Mayor, may act in the place and stead of said Police Judge and the Council shall have power to apportion ratably, the salary of such Police Judge to such Justice of the Peace so serving, and deduct the sum so apportioned from the salary of such Police Judge. |
Money involved not to exceed $300.
Proviso.
Offenses enumerated.
Treated as Justice Court.
Police Judge to keep docket, and report to City Council.
Justice of the Peace may act. |
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Compensation.
Appeals, how taken.
Salary of Police Judge.
Council to levy annual tax.
Proviso.
Blanks of county used when practicable.
All taxes to go into city treasury. |
either defendant or plaintiff or complaining witness as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any Justice of the Peace of said county on the written request of the Mayor, may act in the place and stead of said Police Judge and the Council shall have power to apportion ratably, the salary of such Police Judge to such Justice of the Peace so serving, and deduct the sum so apportioned from the salary of such Police Judge. Sec. 8. Appeals to the District Court may be taken from any final judgment of said Court, in the same manner and with the same effect as in cases of appeal from Justices Courts in civil or criminal cases, as the case may be. Sec. 9. The Police Judge shall receive a salary of one thousand dollars per annum.
ARTICLE XV.
revenue and taxation.
Section 1. The Council shall annually, at the time prescribed by law for levying taxes for State and county purposes, levy a tax as hereinbefore prescribed, upon all real and personal property within the city and made assessable by law for State and county purposes; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of the State for the collection of State and county taxes; and the revenue laws of the State shall, in every respect not inconsistent with the provisions of this charter, be deemed applicable and so held to the levying, assessing and collecting of the city taxes; provided, that in the matter of equalizing or equalization of assessments upon property, the rights of the city and inhabitants thereof shall be protected in the same manner and to the same extent as is the State and county, by the action of the County Board of Equalization. And whenever or wherever practicable and expedient, all forms and blanks in use in the levying, assessing and collecting of State and county revenue, shall with such alterations or additions as may be necessary, be used in the levying, assessing and collecting of the revenue of the city. And the Council shall enact all such ordinances as shall be found necessary and not inconsistent with this charter and the laws of the State, for the prompt, convenient and economical collection of the city revenue. Sec. 2. All general taxes collected under or by virtue of this charter or of any ordinance of the city, shall be paid to the City Treasurer at the same time as payment for State and county taxes is made. Sec. 3. All real and personal property levied upon for taxes due the city, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment, which shall include the taxes due and all costs. |
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shall be sold by the officer holding the execution upon the judgment, which shall include the taxes due and all costs. Property so sold shall be subject to redemption as in other cases; provided, that so far as possible, the collection of the tax due the city shall be made by the City Treasurer in the same manner and time as collection of taxes for State and county purposes, and the lien of said city for unpaid taxes to be enforced by the said City Treasurer and the property sold for any delinquent tax due the city, in the same manner and with like effect as in the case of delinquent taxes levied for State and county purposes. Sec. 4. The Board of County Commissioners of Washoe County shall from time to time, upon the request of the Council, apportion to the city, such proportion of the General Road Fund of the County of Washoe as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, shall bear to the whole property of the county, inclusive of the property within the city, and all such moneys so apportioned shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the Council. Sec. 5. The Council shall have full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in said city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
ARTICLE XVI.
claims and demands.
Section 1. The fees, salaries or other compensation of officers or other persons shall be regulated by regularly enacted ordinances as to salaries and by resolution as to compensation for persons not regularly employed by the city. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and duties of the city government and all claims against the city, wherever the nature of such claims will permit, shall be filed with the City Clerk and acted upon by the Council at the first regular meeting thereafter, and the Council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by a majority of the Council, the City Clerk shall certify all such claims or portions allowed as the case may be after the same is signed by the Mayor to the City Auditor, who shall, if such claim is approved by him, draw a warrant upon the Treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the Treasurer, the same shall be paid by him. Sec. 2. The holder of any demand or claim mentioned in this charter which has been rejected in whole or in part, may within six months after the date of such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if not so commenced, such claim or amount so rejected together with the right of action thereon shall be forever barred and the Council shall not have power to allow or pay the same in whole or in part at any time subsequently. |
Execution for unpaid taxes Proviso.
County Commissioners to apportion Road Fund.
Council to enforce revenue laws
Regulation of fees and salaries of city officers.
City Clerk to certify and Mayor to sign claims. |
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Holder of rejected claim may sue city. Limitation of time.
Proviso.
No extraordinary indebtedness to be assumed.
No officer to be interested in contracts.
Penalty.
Municipal election every two years.
Conduct of same under control of Council. |
within six months after the date of such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if not so commenced, such claim or amount so rejected together with the right of action thereon shall be forever barred and the Council shall not have power to allow or pay the same in whole or in part at any time subsequently. The action shall be against the city and the service of summons shall be made upon the Mayor. In case of final recovery of judgment by the plaintiff, the execution shall issue therefor, but the Council must allow the amount of the same with costs taxed, which judgment with such costs shall be paid in the order as presented; provided, nothing herein shall be so construed as to make the city liable for any damages suffered or incurred by any person for or by reason of any neglect of the city or any of its officers. Sec. 3. No debts shall be created directly or indirectly against the city, nor shall any contract for supplies, water, gas, electric light or any supplies for the city, or any contract whatsoever made by or on behalf of the city, be valid for any amount exceeding the revenue for the year in which the contract is made, except as otherwise provided in this charter. Sec. 4. No officer of the city shall be directly or indirectly interested in any contract with the city or with any officers thereof in their official capacity for, or in doing any work or furnishing any supplies for the use of the city or its officers in their official capacity, exceeding the sum of fifty dollars in any single transaction and any claim for any amount in violation hereof shall be void, and if allowed shall not be paid by the Treasurer. Any wilful violation of the provisions of this section shall be deemed a misdemeanor and punished as such and shall subject the offender to removal from office.
ARTICLE XVII.
elections.
Section 1. The first municipal election hereunder shall be held in said city on the first Tuesday after the first Monday in May, 1905, and on the same day every two years thereafter, at which time there shall be elected one Mayor, Councilmen as hereinbefore provided, one City Attorney, one City Clerk, and one Police Judge. All elections held under this charter shall be governed by the provisions of the general election laws of the State, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the Council and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof and do all other or further things required to carry the same into effect. |
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Sec. 2. Every person who resides within the exterior boundaries of said city at the time of holding any city election, and whose names appear upon the official register of voters in and for said city, shall have the right to vote at each city election, whether regular or special; and for all officers to be voted for and on all questions that may be submitted to the people at any such general or special city elections, except as herein otherwise provided, and nothing herein shall be so construed as to deny or abridge the power of the Council to provide for a supplemental registration as in this charter hereinbefore provided. Sec. 3. The election returns from any city or special city election, shall be filed with the City Clerk, who shall immediately place the same in a safe or vault and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the Mayor and Council. The Mayor and Council shall meet within five days after any election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the City Clerk for six months and no person shall have access thereto except on order of a court of competent jurisdiction, or by order of the Council. The City Clerk, under his hand and official seal, shall issue to each person declared to be elected, a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the Council next succeeding that in which canvass of returns was made as above provided. Sec. 4. A contested election for any city office must be determined according to the law of the State regulating proceedings in contested elections in county offices. Sec. 5. All officers of the city, whether elective or appointive, shall take and subscribe to the official oath of office. Sec. 6. All county officers acting as city officers ex officio, and all other officers of the city, may act in the same manner and with like effect, by their regularly appointed deputies. Sec. 7. The Council shall have the power to elect officers to succeed any officer acting ex officio or otherwise, for the unexpired term, or in the event any officer acting ex officio as city officer shall refuse to act as ex officio city officer, the Council shall have power to elect some competent person to fill the vacancy thus created, and the Council shall in all cases not otherwise provided for, have power to elect officers to fill vacancies occurring.
ARTICLE XVIII.
municipal bonds and franchises.
Section 1. The city shall have the power to acquire and purchase water, light, gas and power systems, street railways and any public utility, and to hold, manage and operate the same when acquired, for the public use of the people of the city. |
All registered residents legal electors.
Returns filed with City Clerk.
Mayor and Counsel to canvass within five days. Clerk to issue certificate.
Contest, how determined. Oath.
Deputies to act.
Council to fill unexpired terms.
City may acquire public utilities. |
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Council may grant franchises or create bonded indebtedness.
Publication of resolution.
Provisos.
Such to be valid in all respects.
Proviso.
Special election, when.
Notice to be published. |
city. The Council shall have the power, subject to the provisions of this article, to acquire the same and may submit a proper resolution for that purpose and the same may be voted on by the people as provided herein. Sec. 2. The Council shall have power by ordinance, to grant any franchise or create any city or municipal bonded indebtedness and issue bonds on the property of the city or any designated portion thereof as herein provided, but no ordinance for such purpose or purposes shall be valid or effective unless the Council shall first pass a resolution which shall set forth fully and in detail, the purpose or purposes of the proposed bonded indebtedness, the terms, amount, rate of interest and time within which redeemable, and on what fund; or the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise as the case may be. Such resolution shall be published at least once a week in full, in some newspaper published in the city for at least four weeks. On the first regular meeting of the Council after the expiration of the period of such publication, the Council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the bonds or the granting of the franchise, as the case may be; provided, that such bonds shall be issued or municipal indebtedness created, or franchise granted, as the case may be, only on the same terms and conditions in all respects as expressed in the resolution as published, otherwise such ordinance shall be null and void; and provided further, that the Council shall dispose of said bonds or franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city. Sec. 3. The ordinance passed as in the preceding section provided, shall be valid to all intents and purposes as other ordinances duly and legally passed by the Council and any municipal bonded indebtedness thereby created, bonds issued or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twenty days from the date of the first publication of the resolution mentioned in the preceding section, a petition signed by not less than three hundred taxpayers of said city, representing not less than ten per cent of the taxable property of said city as shown by the next preceding city assessment roll, shall be presented to the Council praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the Council to call a special election as soon as practicable; such election to be held and conducted as nearly as possible in the same manner as elections for city officers. Notice of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the resolution hereinbefore mentioned and refer to the same, and the notice and resolution shall be so published together for a period of at least two weeks before such election shall be had. |
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at least two weeks before such election shall be had. The Council shall in due time make provision for holding such special election and the City Clerk shall prepare at the expense of the city, suitably printed stationery for use as ballots which shall contain the words For the ordinance (stating briefly the nature thereof) and Against the ordinance (stating briefly the nature thereof). The Council shall appoint suitable and competent persons to act as Inspectors at such election and shall do all other things and acts necessary to fully carry out the purposes and intent hereof; provided, that no person not a taxpayer within the corporate limits of said city shall be qualified to vote at any such special election; and provided further, that no such proposed ordinance shall be adopted or be valid or effective for any purpose whatsoever, unless the same shall receive an affirmative vote of a majority of all the voters voting thereon. The Council shall within five days after such election, canvass and declare the result and if such proposed ordinance be carried as above provided, that fact shall be proclaimed by the Council publishing at least once in some newspaper of the city, a notice to that effect, and thereupon at the first subsequent regular meeting, such ordinance shall be passed by the Council and signed by the Mayor, and thenceforth be of full force and effect.
ARTICLE XIX.
miscellaneous.
Section 1. No ordinance, order or resolution of the Council, having for its object or purpose the increasing of the salary or compensation, directly or indirectly, of any officer of, or person employed under the city government in excess of the maximum amount as herein provided for, shall be valid or effective for any purpose; provided, the Council may in the exercise of its sound discretion, decrease the salaries or compensation of the members thereof, or of any officer of the city, whether elective or appointive, and such decrease shall take effect immediately; and provided further, that no such decrease shall apply to or effect then [affect the] incumbent in the office of Mayor. Sec. 2. Any wilful misconduct in office, or any wilful violation of any of the provisions of this charter, or any wilful failure to comply therewith by any officer of the city, whether elective or appointive, shall be deemed malfeasance in office, and any person guilty thereof shall be proceeded against under and in the same manner as prescribed by the general laws of the State relating to proceedings and prosecutions against district, county and township officers, for misconduct in office, and any person found guilty shall forever after be disqualified to hold any office under said city government. Sec. 3. All laws and ordinances not inconsistent with the provisions of this charter, now in force in said city, shall be and remain in full force and effect until otherwise provided. |
Ballots.
Provisos.
Result published.
No increase of salaries.
Decrease, when.
Proviso.
Malfeasance, when.
Penalty. |
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Present laws remain in force. Not to supersede State law.
Charter defined.
Taxpayer defined.
Affidavit required, when.
Proviso.
This Act a public Act.
Repeal. |
the provisions of this charter, now in force in said city, shall be and remain in full force and effect until otherwise provided. Sec. 4. Ordinances adopted and passed by the Council shall not supersede the general laws of the State with respect to their operation within the city, unless it be so expressly declared in such ordinance. Sec. 5. The word Charter, wherever and whenever the same occurs herein, is intended to and does mean, and shall be construed to be the same as, and synonymous with, the word Act. Sec. 6. A taxpayer, within the meaning of this charter, shall be construed to be and include all persons whose names appear on the official tax roll for the current or the year preceding that in which the elector offers to vote; or one who shall have paid a poll tax for the current or the year preceding that in which he offers to vote, or one who shall have paid any authorized license tax for the current or the quarter next preceding that in which the election is held at which such person offers to vote. The judges or officers of election shall have power, and it is hereby made their duty in all cases of special elections on bonds or franchises, to require of each person offering to vote thereat, to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such judges or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector. Sec. 7. This Act shall be deemed a public Act and may be read in evidence without further proof, and judicial notice shall be taken thereof in all courts and places, and shall be in full force and effect immediately upon its approval. Sec. 8. All Acts and parts of Acts in conflict or inconsistent with the provisions of this Act are hereby repealed. |
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Chap. LXXII.An Act to amend section three of an Act entitled An Act to require foreign corporations and associations to name and keep agents in this State upon whom all legal process may be served, approved February 25, 1889.
[Approved March 8, 1905.]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section three of the above-entitled Act is hereby amended so as to read as follows: Section 3. If any such company shall fail to appoint such agent, or fail to file such certificate for fifteen days after a vacancy occurs in such agency, on the production of a certificate of the Secretary of State showing either fact, which |