[Rev. 12/19/2019 5:15:35 PM]
κ1915 Statutes of Nevada, Page 341κ
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Chap. 227An Act providing for the incorporation of domestic building and loan associations, the licensing of foreign building and loan associations, the examination and regulation of all building and loan associations doing business in this state by the state bank examiner, and other matters properly connected therewith, and repealing a certain act.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Building and loan associations organized for the purpose of raising a fund by the collection of dues or stated payments from their members to be loaned among their members may be incorporated under the provisions of the general corporation law of this state; provided, however, that the secretary of state shall not issue a certificate of incorporation to any such association, authorizing it to do business in this state, until the articles of association or agreement shall have been approved by the state bank examiner; and all the rights, privileges, and powers, and all the duties and obligations of such corporations, and the officers and stockholders thereof, shall be as provided in said general corporation act, except as in this act otherwise provided. In addition to the other facts required to be stated, the articles of incorporation of such companies shall state the terms and plans of becoming and continuing a member, and of withdrawal, the plans of making loans, distributing profits, equalizing losses, providing for expenses, and of providing a fund with which to pay losses, and the maximum compensation of officers. Sec. 2. The capital named in the articles of incorporation shall be taken to mean the authorized capital, and the association may commence business when five per cent thereof is subscribed and the other requirements of this act have been complied with. Sec. 3. Any such corporation shall have power, subject to the terms and conditions contained in the articles of incorporation and by-laws, to issue stock to its members; to assess and collect from its members reasonable membership fees, dues, premiums, and fines; to permit its members to withdraw any and all of their stock deposits upon equitable terms; to hold and convey such real and personal property as shall be necessary for its accommodation and the transaction of its business, such as shall be mortgaged in good faith by way of security for debts duly contracted, such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings, such as it shall purchase at sales under judgments, decrees, or mortgages held by it, or shall purchase to secure debts due to it; to make loans to its members upon ample real estate security, unincumbered except by prior loans from the association, or upon the stock of such association to the extent of its withdrawal value; to make annual or semiannual distribution of its earnings; and to do all other things that may be necessary to effect its purposes and conduct its authorized business. |
Concerning building and loan associations
State bank examiner to have supervision
Capital, what is deemed
Powers of such corporations |
κ1915 Statutes of Nevada, Page 342 (CHAPTER 227)κ
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Officers to give bonds
Borrowers may repay loans at any time; stockholders may withdraw on 30 days notice
Regarding deceased stockholders
Unlawful acts of association, when
What statement shall show |
of its withdrawal value; to make annual or semiannual distribution of its earnings; and to do all other things that may be necessary to effect its purposes and conduct its authorized business. Sec. 4. The treasurer and secretary, before entering upon their duties shall give good and sufficient bonds for the faithful performance of the same and for the safe-keeping and proper application of all money or property coming into their hands, and the same shall be approved by the board of directors. All such bonds shall be increased or additional surety required by the board of directors when the same becomes necessary to protect the interests of the association or its members, but no directors shall be accepted as a surety on such bonds, and the directors shall be individually liable for loss to the association or members caused by their failure to comply with the provisions of this section. Sec. 5. A borrower may repay a loan at any time upon duly complying with the provisions of the charter and by-laws in relation to the payment of loans; and any stockholder wishing to withdraw from the corporation shall have power to do so by giving thirty days notice of his intention to withdraw, when he shall be entitled to receive the amount paid in by him and such interest thereon, or such proportion of the profits thereon, less all fines and other charges, as the by-laws may determine; provided, that at no time shall more than one-half of the funds of the treasury of the corporation be applicable to the demands of withdrawing stockholders without the consent of the board of directors, and that no stockholder shall be entitled to withdraw whose stock is held by the association for security. Upon the death of a stockholder, his legal representatives shall be entitled to receive the full amount paid in by him on all shares not borrowed upon or pledged to the association as collateral security and legal interest thereon after deducting all charges that may be due on the stock; but no fines shall be charged to a deceased members account from and after his decease, unless the legal representative of such decedent assume the future payment of the dues. Sec. 6. It shall be unlawful for any building and loan association, not organized under the laws of this state, to transact business in this state unless such association or company shall have first complied with the statutes of this state relating to foreign corporations, and shall have submitted a statement of its conditions and affairs, subscribed and sworn to by the manager or an officer of the company, showing: 1. The amount of authorized capital, and the par value of each share; 2. The number of shares sold during the year; 3. The number of shares canceled and withdrawn during the preceding year; |
κ1915 Statutes of Nevada, Page 343 (CHAPTER 227)κ
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4. A statement of receipts and disbursements during the preceding year; 5. Salaries paid each of its officers; 6. A statement of its assets and liabilities at the end of the year, and the nature thereof in general terms; 7. Any other fact which the state bank examiner may require. Upon receipt of all such instruments as are required, and the filing thereof, the secretary of state, upon the recommendation of the state bank examiner, shall issue a certificate authorizing such corporation to do business in this state. Sec. 7. On or before the first day of March of each year, every building and loan association doing business within this state, whether domestic or foreign, shall cause to be filed in the office of the state bank examiner a statement of its affairs as is required in the next preceding section, and shall cause a copy thereof duly certified by the state bank examiner to be published at least four times in some newspaper in this state and having a general circulation therein, such publication to be completed on or before the first day of May and proof thereof filed in the office of the state bank examiner. Sec. 8. If any domestic building and loan association shall refuse to submit to an examination by the state bank examiner, he shall advise the attorney-general thereof, who shall proceed to wind up its affairs; and if any foreign association shall refuse to submit to such examination, the bank examiner shall so advise the attorney-general who shall then proceed by quo warranto to prohibit any such corporation so refusing from continuing to do business in this state. Sec. 9. When, in the opinion of the state bank examiner, any such corporation is conducting its business illegally, or in violation of its articles of incorporation or by-laws, or is practicing deception upon its members or the public, or is pursuing a plan that is injurious to the interests of such members, or if he is satisfied that its affairs are in an unsafe condition, he shall notify the directors or managers, and if it shall not immediately amend its course, or put its affairs upon a safe basis, he shall, in the case of a domestic corporation, advise the attorney-general thereof, who shall take the necessary steps to wind up its affairs; and in the case of a foreign corporation he shall also advise the attorney-general, who shall thereupon proceed by quo warranto to prohibit any such corporation from continuing to do business in this state. Sec. 10. Within sixty days after the taking effect hereof each building and loan association doing business in this state shall file with the state bank examiner the statement hereinbefore required, and each such foreign association shall file a copy of its articles and by-laws with the secretary of state and shall obtain its certificate of authority, or on failure or refusal to do so, shall forfeit its right to do business in this state. Sec. 11. Any officer or agent of any building and loan association who shall do or attempt to do any business for any such association which does not hold a certificate of authority therefor, as in this chapter provided, or which shall fail or refuse to file with the state bank examiner the annual statement herein required, shall be guilty of a misdemeanor for each and every such offense, and shall be personally liable on any and all contracts made in this state by him for and in behalf of such company during the time it shall remain so in default. |
Secretary of state to issue certificate, when
Statement filed March 1 each year
Published by May 1 each year
Refusal of examination, attorney-general to act
Illegal acts forfeits right of corporation to do business in Nevada
All associations must immediately file statements with bank examiner |
κ1915 Statutes of Nevada, Page 344 (CHAPTER 227)κ
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Officers of association liable for illegal acts Penalty
Annual license, $100
Licenses constitute fund for expense of examination Previous act repealed |
association who shall do or attempt to do any business for any such association which does not hold a certificate of authority therefor, as in this chapter provided, or which shall fail or refuse to file with the state bank examiner the annual statement herein required, shall be guilty of a misdemeanor for each and every such offense, and shall be personally liable on any and all contracts made in this state by him for and in behalf of such company during the time it shall remain so in default. Sec. 12. All foreign building and loan associations doing business in this state shall, on or before the first day of March of each year, pay into the office of the state controller an annual license of one hundred dollars ($100). Sec. 13. All moneys received from such annual licenses by the state controller shall be paid into the state treasury to constitute a fund to be used by the state bank examiner to defray the expenses of examination of building and loan associations. Sec. 14. An act entitled An act for the regulation of foreign building and loan societies doing business in the State of Nevada, approved March 13, 1905, is hereby repealed. |
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High-school dormitories at Elko and Wells-$55,000 bonds
Question submitted to popular vote, how |
Chap. 228An Act authorizing the board of county commissioners of the county of Elko to issue bonds to provide for the construction, equipment, and furnishing of high-school dormitories in the towns of Elko and Wells, Elko County, Nevada, and providing for the ratification thereof, by special or general election, before the issuance of any bonds, and authorizing the county board of education of said county to construct, equip, and furnish said building.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Elko County is hereby authorized, empowered, and directed to prepare and issue bonds of said county, said bonds to be issued on or before the first day of January, 1917, for an amount not to exceed the sum of fifty-five thousand dollars, exclusive of interest, for the purpose of providing funds for the construction and equipment of high-school dormitories in the towns of Elko and Wells, in Elko County, upon a site to be chosen by the county board of education. Sec. 2. Before issuing said bonds or incurring any indebtedness or commencing the construction of said dormitories, or either of them, the question of the issuance of said bonds shall be submitted to a vote of the electors of Elko County, either at the next general election or at a special election to be held as hereinafter provided. |
κ1915 Statutes of Nevada, Page 345 (CHAPTER 228)κ
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Sec. 3. Upon petition of 40 per cent of the qualified electors of Elko County (using the highest vote cast at the last general election for justice of the supreme court) filed with the board of county commissioners of Elko County requesting the calling of a special election for the purpose of voting upon the issuance of said bonds, it shall be the duty of the board of county commissioners to call such special election and submit to the electors of Elko County the question of the issuance of said bonds. Said special election and the call therefor shall be held not sooner than 40 nor later than 60 days after the filing of such petition, and there shall be printed upon the ballots at such special election the following:
If no special election be held, such question shall be submitted to the electors of Elko County at the next general election, and shall in like manner and form be printed upon the general election ballot. If a majority of the electors voting thereon at a special or general election vote yes, said board of county commissioners shall forthwith cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by 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 board and the county treasurer. Sec. 4. 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. 5. The board of county commissioners of Elko County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals, or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, 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. 6. Said bonds shall be each for the sum of five hundred dollars. They shall be numbered consecutively and the interest on the same shall not exceed six per cent per annum, payable annually, on the first Monday in July of each year, at the office of the county treasurer of said Elko County, and in no case shall said bonds run for a longer period than twenty years. Sec. 7. All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and safely keep the same in a fund hereby created and known as The Elko County Dormitory Fund, and to pay out said moneys only in a manner now provided by law for the payment of the County High School Fund, and for the purposes for which the same were received. |
Petition-40 per cent of voters-calls special election
Form of ballot
If no special election question submitted at general election
Majority vote sanctions bonds
Record of bonds
Negotiation of bonds
Bonds, $500 each
Life, 20 years
The Elko County Dormitory Fund |
κ1915 Statutes of Nevada, Page 346 (CHAPTER 228)κ
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Board of education to erect dormitories Balance, how used
Board of education to decide character of buildings, etc.
State superintendent to approve
Board of education to select sites
Treasurer responsible
Fund for payment of bonds |
same in a fund hereby created and known as The Elko County Dormitory Fund, and to pay out said moneys only in a manner now provided by law for the payment of the County High School Fund, and for the purposes for which the same were received. Sec. 8. The county board of education of Elko County is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary, for the construction, equipment, and furnishing of such dormitory or dormitories, and any balance remaining in said fund, after the completion, equipment, and furnishing of said building, shall be turned over and converted into the proper fund provided for running and maintaining said high school, in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance, and management of high schools in the various counties of this state. Sec. 9. Said county board of education shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of said county high-school building, and let the construction thereof by contract to the lowest and most responsible bidder. The laws in force governing contracts by boards of county commissioners are hereby made applicable to and the same shall govern the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education shall be paid in the manner now provided by law for paying claims against the County High School Fund; provided, that no such bills shall be allowed until the plans for said high-school building shall have been approved by the state superintendent of public instruction. Sec. 10. As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Elko County shall proceed to select an appropriate site for said dormitory building in the towns of Elko and Wells in said county, and the county board of education of said county and the county commissioners of said county shall thereafter, with all expedient dispatch, proceed to the execution of the purposes of this act. Sec. 11. The county treasurer of said Elko County shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all his duties in relation thereto. Sec. 12. For the purposes of creating a fund for the payment of the bonds authorized by this act, and the interest thereon, the board of county commissioners of said Elko County is hereby authorized and required to levy and collect annually a special tax on the assessment value of all property, both real and personal, subject to taxation, including proceeds of mines within the boundaries of said Elko County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, five of said bonds annually, beginning with the first Monday in July, 1917, until all of said bonds have been redeemed and retired. |
κ1915 Statutes of Nevada, Page 347 (CHAPTER 228)κ
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tax on the assessment value of all property, both real and personal, subject to taxation, including proceeds of mines within the boundaries of said Elko County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds and to pay and retire, beginning with bond number one, and consecutively thereafter, five of said bonds annually, beginning with the first Monday in July, 1917, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as the Elko County Dormitory Fund. Sec. 13. It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of July after the issuance of said bonds, and thereafter on the first day of July in each and every year, until all of said bonds shall have been redeemed and retired. Sec. 14. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by the act shall cease, and all moneys remaining in said bond fund shall, by order of the board of county commissioners of said county, be transferred to the general fund. Sec. 15. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof Paid, together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Sec. 16. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. Sec. 17. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act specified. |
Special tax
Interest and redemption of bonds
Tax ceases, when
Treasurer to cancel paid bonds
Interest ceases, when
Faith of state pledged |
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Chap. 229An Act authorizing the board of regents of the University of Nevada to lease a college farm, and appropriating the sum of ten thousand dollars therefor.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of regents of the University of Nevada is hereby directed, authorized, empowered to lease, upon such terms and conditions as said board of regents may determine, a farm, at or near Reno, to be used by said university as a college farm for the service of the college of agriculture and its various departments. |
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κ1915 Statutes of Nevada, Page 348 (CHAPTER 229)κ
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Board of regents may lease suitable college farm $10,000 appropriated
Duties of controller and treasurer |
such terms and conditions as said board of regents may determine, a farm, at or near Reno, to be used by said university as a college farm for the service of the college of agriculture and its various departments. Sec. 2. The sum of ten thousand ($10,000) dollars is hereby appropriated, out of any funds not otherwise appropriated, for the purpose of carrying out the provisions of this act. Sec. 3. The state controller is hereby authorized to draw his warrant on the state treasury for the amount of this claim, or any part thereof, when approved by the state board of examiners and the state treasurer is hereby directed to pay the same. |
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Motor vehicle defined
Proviso
Owners to file statement with secretary of state
Subsequent filings, when Annual filing fees classified |
Chap. 230An Act regulating automobiles or motor vehicles on public roads, highways, parks, or parkways, streets and avenues, within the State of Nevada; providing a license for the operation thereof, and prescribing penalties for its violation; designating the manner of handling the receipts therefrom, and the purpose for which it may be expended, and in what manner, and repealing an act of the same title approved March 24, 1913.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Defining the term motor vehicle: The term motor vehicle, used in this act, shall, for the purposes of this act, unless the same be contrary to or inconsistent with the context, be construed to include all vehicles propelled by any power other than muscular power; provided, that nothing herein contained shall, except the provisions of section 11 of this act, apply to traction engines, road-rollers, street cars, railway motors, or railway locomotives. Sec. 2. The owner of every automobile, motorcycle, or other similar motor vehicle shall, within ten days after the acquisition of the same, file with the secretary of state a statement of his name and address, with a brief description of the vehicle to be registered, including the name of the maker, factory number, style of vehicle, and motor power. Subsequent filings shall be made by each owner of any motor vehicle on or before the first Monday in February of each year. The annual filing fee shall be as follows: For every automobile of twenty horsepower or less, three dollars; for every automobile between twenty-one and forty horsepower, inclusive, five dollars and fifty cents; for every automobile over forty horsepower, eight dollars. The annual filing fee of motorcycles shall be three dollars. Such fee shall cover state automobile and motorcycle licenses as from January 1 to December 31 of each year; provided, that all automobiles or motorcycles purchased or acquired after the first day of July shall only be required to pay for one-half of year. |
κ1915 Statutes of Nevada, Page 349 (CHAPTER 230)κ
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acquired after the first day of July shall only be required to pay for one-half of year. Sec. 3. The secretary of state shall keep a record of all statements filed with him in accordance with section 2 of this act, and shall also keep a record of all license plates issued by him, as provided hereinafter. Sec. 4. Immediately upon receipt of proper statement and remittance, the secretary of state shall issue and deliver to the owner of such automobile or motorcycle so registered an official license number plate. The number plates shall be of a distinctly different color or shade for each year, to be designated or selected by the secretary of state, so as to make a certain color represent a certain year, and the number assigned to said motor vehicle shall be on said official number plate, and said official number plates shall be the official state licenses. Sec. 5. Every motor vehicle shall also at all times have the number assigned to it displayed on the back of such vehicle in such manner as to be plainly visible, the numbers to be in Arabic numerals, light on dark background, each not less than three inches in height, and each stroke to be of a width of not less than half an inch, and also as a part of such number the abbreviated name of the state in light on dark background, such letters to be not less than one inch in height. Sec. 6. Upon the sale or exchange of ownership of a motor vehicle, previously registered for the year, the vendor shall immediately have this change noted on the records of the office of the secretary of state. In case the vendor wishes to retain the same number, then section 2 of this act shall govern. Sec. 7. No motor vehicle shall be used or operated upon the public highways of this state after this act takes effect which shall display thereon a license plate or number belonging to another vehicle or fictitious license plate or number. Sec. 8. Nonresident owners of motor vehicles are exempt from the provisions of this act for a period of thirty consecutive days at any time; provided, the owners have complied with any law requiring the registration of owners of motor vehicles in force in the state, territory, or federal district of their residence, and the registration number and initials or abbreviation of the state, territory, or federal district shall be displayed on such vehicle substantially as provided in this act. Sec. 9. No person shall operate a motor vehicle on a public highway at a rate of speed greater than is reasonable and proper, having regard to the traffic and use of the highway, or so as to endanger the life or limb of any person of the safety of any property. Sec. 10. Every person having control or charge of any motor vehicle upon any public highway and approaching any vehicle drawn by a horse or horses, or any horse upon which any person is riding, shall operate, manage, and control such motor vehicle in such manner as to exercise every reasonable precaution to prevent the frightening of any such horse or horses, and to insure the safety and protection of any person riding or driving the same. |
Record kept-license plates
Official license
Said plates must always be displayed
Regulations for sale and exchange of motor vehicles
Fictitious license plate unlawful
Nonresident owners exempt for 30 days; proviso
Speed regulated
Motor drivers must defer to horsemen |
κ1915 Statutes of Nevada, Page 350 (CHAPTER 230)κ
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Motor vehicles must have efficient brakes, proper lights at night, etc.; exceptions
Motorcycle must carry proper lights at night
Rule of the road
Speed limit in cities and towns equally applied to all vehicles
Not less than 12 miles an hour
Blanket certificate of registration for dealers, etc. |
horses, and to insure the safety and protection of any person riding or driving the same. And if such horse or horses appear frightened, the person in control of such motor vehicle shall reduce its speed, and if requested by a signal or otherwise by the driver of such horse or horses, shall not proceed further toward such animal or animals unless such movement be necessary to avoid accident or injury, or until such animal or animals appear to be under the control of the driver or rider. Sec. 11. Every motor vehicle while in use on a public highway shall be provided with good and efficient brakes, and also with a suitable horn or other signal. Every motor vehicle other than motorcycles must exhibit, during the period from one hour after sunset to one hour before sunrise, two lamps showing white lights, visible within a reasonable distance in the direction toward which such vehicle is proceeding, and also a red light, visible in the reverse direction; provided, exceptions noted in section 1 of this act are required to show only one white light in the direction toward which such vehicle is proceeding; and provided further, exceptions also noted in section 12 of this act. Sec. 12. Every motorcycle while in use shall carry during the period from one hour after sunset to one hour before sunrise, and whenever fog or other atmospheric conditions render the use of the highway by vehicles unusually dangerous to the traffic and use of the highway, at least one lighted lamp showing a white light, visible under normal atmospheric conditions at least two hundred feet in the direction toward which the motorcycle is proceeding, and shall also carry at the rear of such motorcycle one red light, or one red reflex mirror, plainly visible from the rear. Sec. 13. The driver of every motor vehicle shall turn to the right in meeting other vehicles, teams, horses, and persons moving or headed in an opposite direction, and turn to the left in passing other vehicles, teams, horses, and persons moving or headed in the same direction. Sec. 14. The local authorities of incorporated or unincorporated cities or towns may regulate, by ordinance, rule, or regulation hereafter adopted, the speed of motor vehicles within the limits of such cities or towns, on condition that such ordinance, rule, or regulation shall also fix the same speed limitation on all other vehicles, such speed limitation not to be in any case less than one mile in five minutes; and also on further condition that such ordinance, rule, or regulation shall fix the penalties for violation thereof similar to and no greater than those fixed by such local authorities for violation of speed limitation by any vehicle other than motor vehicles. Sec. 15. Every manufacturer of, or dealer in automobiles, motorcycles, or other similar motor vehicles, may, instead of registering each automobile, motorcycle, or other similar motor vehicle owned or controlled by him, make application upon a blank furnished by the secretary of state for a general distinguishing number, and said secretary of state shall issue to the applicant one certificate of registration, containing the name, place of business, address of the applicant, and general distinguishing number, and shall also issue and deliver to such applicant four official number plates of such design as said secretary of state shall determine. |
κ1915 Statutes of Nevada, Page 351 (CHAPTER 230)κ
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tinguishing number, and said secretary of state shall issue to the applicant one certificate of registration, containing the name, place of business, address of the applicant, and general distinguishing number, and shall also issue and deliver to such applicant four official number plates of such design as said secretary of state shall determine. Sec. 16. All automobiles, motorcycles, or other motor vehicles owned or controlled by such manufacturer or dealer, except those for his own private use, shall, until sold or let for hire, be regarded as registered under such general distinguishing number, which must be displayed at all times upon such automobiles, motorcycles, or other motor vehicles, while being operated on public highways of this state in the manner herein provided. Sec. 17. Any manufacturer or dealer who shall knowingly permit the use of any such number upon any automobile, motorcycle, or any similar motor vehicle owned or controlled by any other person, shall be punished by a fine of not less than ten dollars nor more than twenty-five dollars. Sec. 18. It shall be the duty of every manufacturer or dealer aforesaid to notify the secretary of state of any change in his address or firm name. Sec. 19. The fee for such registration, together with the four official distinguishing numbers, shall be ten dollars for each garage. Sec. 20. Additional duplicate general distinguishing numbers may be obtained by any such manufacturer or dealer upon application to the secretary of state and the payment of an additional duplicate of not exceeding one dollar to cover the cost thereof. Sec. 21. This act shall in no wise affect any statute now existent or that may hereafter be enacted providing for a license number on automobiles for hire. Sec. 22. Expecting as in this act otherwise expressly provided, any person violating any of its provisions shall be deemed guilty of a misdemeanor, and upon conviction thereof, unless in this act otherwise expressly provided, shall be punishable by a fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days, or both, for the first offense; and punishable by fine of not less than fifty dollars nor more than one hundred dollars, or imprisonment not exceeding thirty days, or both, for a second offense; and punishable by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars, or imprisonment not exceeding thirty days, or both, for a third or subsequent offense. Sec. 23. It is hereby made the duty of the sheriff in each county in the state to enforce all provisions of this act relative to the operation of motor vehicles, and if he knowingly neglects or refuses to do so, for each offense, he shall be subject to a fine of twenty ($20) dollars. Sec. 24. Fees received by the secretary of state, as in this act provided, shall be paid semiannually into the treasuries of the counties whence they were received, to be there placed in an Automobile Road Repaid Fund to be disbursed at such times in such amounts, and in such manner as the respective boards of county commissioners may direct. |
General distinguishing number plates
Dealer punished for abuse of privilege
Dealer to notify
Blanket registration fee, $10 Duplicate numbers
Not to affect autos for hire Violations of act, misdemeanor; penalty
Sheriff must enforce |
κ1915 Statutes of Nevada, Page 352 (CHAPTER 230)κ
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Fees under act paid to automobile road repair fund of the several counties Actual expenses paid from said fund
Previous act repealed
In effect, Jan. 1, 1916 |
act provided, shall be paid semiannually into the treasuries of the counties whence they were received, to be there placed in an Automobile Road Repaid Fund to be disbursed at such times in such amounts, and in such manner as the respective boards of county commissioners may direct. Sec. 25. For the purpose of defraying actual expenses in procuring license tags and record books, and the payment of necessary postage and incidental expenses, the Automobile Road Fund heretofore created shall be subject only to claims made by the secretary of state for such expenditures, said claims not to exceed the sum of eight hundred dollars in any one year. Claims for such expenditures shall be made in the same manner as other state claims, and when favorably passed upon by the state board of examiners, shall constitute legal claims against the state, for which the state controller is directed to draw his warrants and the state treasurer is instructed to pay the same. Sec. 26. An act regulating automobiles or motor vehicles on public roads, highways, parks or parkways, streets and avenues, within the State of Nevada, providing a license for the operation thereof and prescribing penalties for its violation; designating the manner of handling the receipts therefrom and the purpose for which it may be expended and in what manner, approved March 24, 1913, is hereby repealed. Sec. 27. This act shall take effect from and after January 1, 1916. |
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Text-book commission to make contracts for prices of text-books |
Chap. 231An Act to amend an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred sixty-five of the above-entitled act is hereby amended so as to read as follows: Section 165. The text-book commission shall have power to make such contracts for the purchase and use of text-books in the name of the state as it shall deem necessary for the interests of the public schools. Such contracts shall set forth the introductory, exchange, and retail price of each text-book, and such prices shall not be less favorable than the prices at which such books are sold in any other state. And the contracts shall also provide that the state or any school district may purchase its books direct from the publishers of the same. In case payment for said books is delayed more than sixty days after delivery thereof, the account shall draw interest at the rate of six per cent per annum from the date of delivery until paid. |
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κ1915 Statutes of Nevada, Page 353κ
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Chap. 232An Act to amend an act supplemental to an act entitled An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891, and to all acts amendatory thereof, and to provide for a license upon the business of owning, raising, grazing, herding, and pasturing sheep in the several counties of the State of Nevada, and to declare a violation thereof a misdemeanor, and to provide a punishment therefor.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person owning real estate within the State of Nevada who may be engaged in or who may hereafter engage in the business of owning, raising, grazing, herding, or pasturing sheep as either owner, lessee, or manager of said sheep, in any county in the State of Nevada, must annually procure a license therefor from the sheriff as collector of licenses of each of such counties, and make payment therefor as follows in advance for each band, flock, or bunch of sheep: First-Such person owning or having in his possession or under his control as lessee or manager five thousand sheep or more shall be deemed of the first class, and must pay the sum of two hundred and fifty dollars per annum for the first five thousand sheep, and the further sum of fifty dollars per annum for every additional one thousand sheep, or fraction thereof. Second-Such person owning or having in his possession or under his control as lessee or manager four thousand sheep, and less than five thousand, shall be deemed of the second class, and must pay the sum of two hundred dollars per annum. Third-Such person owning or having in his possession or under his control as lessee or manager three thousand sheep, and less than four thousand, shall be deemed of the third class, and must pay the sum of one hundred and fifty dollars per annum. Fourth-Such person owning or having in his possession or under his control as lessee or manager two thousand sheep, and less than three thousand, shall be deemed of the fourth class, and must pay the sum of one hundred dollars per annum. Fifth-Such person owning or having in his possession or under his control as lessee or manager, fifteen hundred sheep, and less than two thousand, shall be deemed of the fifth class, and must pay the sum of seventy-five dollars per annum. Sixth-Such person owning or having in his possession or under his control as lessee or manager any number of sheep less than fifteen hundred shall be deemed of the sixth class, and must pay the sum of fifty dollars per annum. Seventh-Such person owning to having in his possession or under his control as lessee or manager any number of sheep less than one thousand shall be deemed of the seventh class, and must pay the sum of twenty-five dollars per annum. |
Sheep-grazing licenses
First class, $250, and $50 for each 1,000 over 5,000
Second class, $200
Third class, $150
Fourth class, $100
Fifth class, $75
Sixth class, $50 |
κ1915 Statutes of Nevada, Page 354 (CHAPTER 232)κ
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Seventh class, $25
Provisions as to certain land owners
Never more than one license Nonresident owners must pay 15 cents per head
Repeal |
less than one thousand shall be deemed of the seventh class, and must pay the sum of twenty-five dollars per annum. Provided, that the provisions of this act shall not apply to any person, persons, firm, company, association, or corporation who shall be the owner and holder of land in the State of Nevada equal to one acre for each three sheep so owned, raised, grazed, herded, or pastured; and provided further, that the lessee of lands shall not be deemed or taken as the owner and holder of land within the meaning of the provisions of this act; and it is further provided, that nothing in this act contained shall be so construed as to require the procurement of more than one license for the same sheep in the State of Nevada during the same calendar year. Sec. 1a. Every nonresident person, firm, partnership, association, or corporation, or person, firm, partnership, association, or corporation who owns no real estate within the State of Nevada, who may graze, herd, or pasture sheep within this state, as either owner, lessee, or manager of said sheep, must annually procure a license therefor from the sheriff as collector of licenses of each county within which said sheep are grazed, herded, or pastured, and shall pay therefor the amount of 15 cents per head for each and every sheep grazed, herded, or pastured within this state. Sec. 2. All acts or parts of acts in so far as they conflict with this act are hereby repealed. |
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Salary constable of Goldfield
Payable monthly |
Chap. 233An Act to amend an act entitled An act fixing the salary of the constable in and for Goldfield Township, Esmeralda County, State of Nevada, and providing for payment thereof, approved March 20, 1909, approved March 10, 1913, and repealing all acts and parts of acts in conflict herewith.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The constable in and for Goldfield Township, Esmeralda County, Nevada, shall receive a salary of twelve hundred ($1,200) dollars a year, payable in twelve (12) equal monthly payments; provided, such constable shall have no claim against the county for services rendered in criminal cases, and shall pay into the county all fees received in civil cases. Sec. 2. The board of county commissioners of Esmeralda County, Nevada, shall, at their regular monthly meeting, upon the sworn statement of the constable as to the fees he received for the month prior, and upon the payment of the constable to the county treasurer of the fees so received, allow the salary named in section 1 of this act, as other salaries payable by the county are now allowed. |
κ1915 Statutes of Nevada, Page 355 (CHAPTER 233)κ
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Sec. 3. The county auditor of Esmeralda County, Nevada, shall draw his warrant in favor of the constable of Goldfield Township, Esmeralda County, Nevada, as provided in this act; and the county treasurer of said county shall pay the same. Sec. 4. This act shall take effect on the first day of April, 1915. Sec. 5. And all acts and parts of acts in conflict with this act are hereby repealed. |
Duties of auditor and treasurer
In effect Repeal |
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Chap. 234An Act to amend an act entitled An act concerning crimes and punishments and repealing certain acts relating thereto, approved March 17, 1911, by adding thereto a new section to be known as section 242a.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The above-entitled act is hereby amended by adding a new section to be known as section 242a, as follows: Section 242a. Any Indian soliciting any persons to purchase any intoxicating liquor or substance as set out in the next preceding section of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding five hundred dollars nor less than one hundred dollars, or be imprisoned in the county jail for a term of not less than sixty days nor more than one hundred days. |
Indian punished for soliciting any one to purchase liquor for him |
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Chap. 235An Act abolishing the office of road supervisor of White Pine County, authorizing the division of said county into road districts, and providing for the election of road supervisors for said districts, and fixing the duties and compensations for said road supervisors.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The office of road supervisor of White Pine County shall be abolished on and after the passage and approval of this act. Sec. 2. The board of county commissioners of White Pine County shall, immediately after the passage and approval of this act, divide the said county of White Pine into road districts. Also may appoint one road supervisor to each road district whose term of office shall be until his successor is elected and qualified, as provided for by this act. Sec. 3. At the general election in November, 1916, there shall be elected in each of the road districts into which said county is divided, as provided in the preceding section, one road supervisor, who shall hold office for two years, or until his successor has duly qualified. |
White Pine road supervisor abolished Divided into road districts
District road supervisors to be elected at general election |
κ1915 Statutes of Nevada, Page 356 (CHAPTER 235)κ
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Bond
Duties of road supervisors
Paid only for actual work
Repeal In effect |
road supervisor, who shall hold office for two years, or until his successor has duly qualified. Said road supervisors shall take office on the first Monday in January following their election; provided, they have duly qualified by filing their official oath and a good and sufficient bond conditioned for the faithful performance of their duties in an amount to be determined by the board of county commissioners. Sec. 4. It shall be the duty of each of said road supervisors to examine and inspect all county roads and public highways in his district outside any incorporated town or city, to report the condition thereof to the board of county commissioners, to supervise the repairs made on any such roads or highways, or the opening or building of any new roads, to keep the same free from obstructions, and to perform such other duties in relation thereto as are necessary in their proper upkeep; provided, however, that all of his said acts and duties shall be under the general supervision of the said board of county commissioners, and he shall not spend or contract for the spending of any county funds in the performance of his said duties, or in the repair or the building of the said roads, without being first authorized by the said board so to do. Sec. 5. The said road supervisors shall be paid only for the work they actually perform and each of them shall present his bill to the said board for such services, and the same shall be regularly approved and passed by the said board, as other county bills, before they shall be paid. Sec. 6. All other acts or parts of acts in conflict herewith are hereby repealed. Sec. 7. This act shall take effect and be in force from and after its passage. |
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Goldfield fire department salaries |
Chap. 236An Act regulating the compensation of the chief engineer and other employees of the Goldfield fire department in Esmeralda County.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The chief engineer of the Goldfield fire department in Esmeralda County shall receive compensation in a sum not to exceed one hundred and seventy-five ($175) dollars per month, and all other employees of said fire department not to exceed one hundred and fifty ($150) dollars per month. |
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κ1915 Statutes of Nevada, Page 357κ
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Chap. 237An Act fixing and regulating the compensation of the constable of Ely Township No. 1, White Pine County, Nevada, and repealing all acts and parts of acts in conflict therewith.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the first Monday in January, 1917, the constable of Ely Township No. 1, White Pine County, Nevada, shall receive as compensation in full for all services performed by him as constable for Ely Township No. 1, seventy-five dollars per month. Any and all fees received or derived from any source whatsoever by him as constable shall be paid in to the county treasurer of White Pine County, Nevada, on the first Monday of each and every month. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. |
Salary of constable, Ely Township, White Pine County
Repeal |
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Chap. 238An Act to authorize the county commissioners of Washoe County, Nevada, to issue bonds to provide for the construction of a new bridge across the Truckee river in the city of Reno, and to provide for the payment of the same.
[Approved March 24, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. For the purpose of constructing a new bridge across the Truckee river, within the limits of the city of Reno, at the Park-street crossing of said river in said city, the county commissioners of Washoe County are hereby authorized, empowered, and directed, within thirty days after the passage of this act, to issue bonds in the name of said county of Washoe not to exceed in amount fifteen thousand dollars ($15,000), which shall be known as The Washoe County Bridge Bonds, Issue of 1915. Sec. 2. The said commissioners shall cause said bonds, or as many thereof as they may deem necessary, to be prepared, and they shall be signed by the chairman of the board, countersigned by the county clerk, and authenticated with the seal of the county. Coupons representing the several installments of interest to fall due thereon shall be attached to each bond so that they may be removed without injury to the bonds, numbered consecutively, and signed by the county treasurer. Sec. 3. The said commissioners are hereby authorized to negotiate the sale of said bonds at not less than their face or par value, the proceeds of which shall be placed in what shall be known as The Washoe County Bridge Fund, and shall be used only for the purpose of carrying out the provisions of this act. |
Bridge bonds for Reno and Washoe County
Description of bonds
Negotiation of bonds |
κ1915 Statutes of Nevada, Page 358 (CHAPTER 238)κ
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Denomination of bonds; interest not exceeding 5 per cent
Washoe county bridge fund for interest and redemption of bonds
Dimensions of new bridge
Directors to determine character of new bridge |
act. It shall be paid out only on warrants drawn by the county auditor in payment of bills contracted in pursuance of the provisions of this act. Sec. 4. The said bonds shall be of the denomination of one thousand dollars ($1,000) each; they shall be numbered consecutively, and shall bear interest at the rate of not to exceed five per cent (5%) per annum, said interest payable on the second Monday of January of the second succeeding year in which such bonds, or any of them, shall have been issued, and every twelve months thereafter; and on the second Monday of January, A. D. 1920, and every twelve months thereafter, one or more of said bonds shall be redeemed and paid, until all of said bonds so issued shall have been fully taken up and satisfied. Sec. 5. To provide for the payment of the said bonds and the interest thereon, herein authorized to be issued, the said board of county commissioners shall, in the year 1916, 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 within Washoe County, sufficient, in their judgment, to provide for the payment of the interest annually due on said bonds; and in the year 1919, 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 within Washoe County, sufficient, in their judgment, to provide for the payment of the principal of one or more of said bonds, and shall every year thereafter redeem, take up, and pay one or more of the bonds herein directed to be annually so taken up, redeemed, and paid. The said taxes shall be assessed and collected the same as other taxes, paid to the county treasurer, and by him placed in the Washoe County bridge fund. At the maturity of said bonds and the coupons thereon they shall be paid by the county treasurer out of the said Washoe County bridge fund, and shall thereupon be canceled and marked paid by the county treasurer; no interest shall be allowed or paid on any of said bonds after they have become due and payable, and shall have been called in for redemption. Sec. 6. The new bridge to be constructed under the provisions of this act shall be placed at the Park-street crossing of the Truckee river, in the city of Reno, and shall be of a uniform width of twenty-two (22) feet; it shall have a sidewalk or walk-way on the west side thereof, at least four (4) feet in width; and it shall have one drive-way suitable for general traffic and the safe passage of live stock, which shall be not less than eighteen (18) feet in width. Sec. 7. The mayor of the city of Reno, the board of county commissioners of Washoe County, and the city council of the city of Reno are hereby constituted a board of directors, whose duty it shall be, within thirty days after the passage of this act, to meet and determine of what kind of material, whether of iron, steel, wood, cement, concrete, or stone, the new bridge across the Truckee river at the Park-street crossing in the said city of Reno shall be constructed. |
κ1915 Statutes of Nevada, Page 359 (CHAPTER 238)κ
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act, to meet and determine of what kind of material, whether of iron, steel, wood, cement, concrete, or stone, the new bridge across the Truckee river at the Park-street crossing in the said city of Reno shall be constructed. Sec. 8. The chairman of the board of county commissioners of Washoe County, the mayor of the city of Reno, and such person as said board of county commissioners and the city council of the city of Reno shall, at a joint meeting of said board and city council select, are hereby constituted a construction board, whose duty it shall be to forthwith proceed to construct and complete the new bridge at the Park-street crossing in compliance with the provisions of this act, and said board is hereby granted full power and authority to do and perform each and every act which may be found necessary to be done and performed, in order to fully carry out the intent of this act. Should a vacancy occur at any time in said construction board, or any one or more thereof refuse to act, the mayor of the city of Reno is hereby directed to forthwith fill said vacancy, by appointing a competent citizen of the city of Reno to serve as such member of said board. The members of said construction board shall serve without compensation, except that one of said board shall be elected by the members thereof as supervising architect of the construction of said bridge, and shall receive as compensation therefor such per diem as may be allowed by the board, which compensation shall be allowed and paid out of the general fund of Washoe County, and out of the general fund of the city of Reno, share and share alike, as other bills against the said county and the said city, respectively, are allowed and paid. Sec. 9. As soon as practicable after the meeting and organization of the said construction board, they shall advertise in a daily newspaper published in the city of Reno, for the period of two weeks, for plans and specifications for the construction of the said new bridge, and they are hereby authorized to pay the sum of one hundred ($100) for the plans and specifications accepted. Sec. 10. All the laws in force governing the letting of contracts by the board of county commissioners of this state are hereby made applicable to and shall govern the board hereby created in all their official acts. Sec. 11. All bills contracted by the said board of construction as herein created, in carrying out the provisions of this act, shall first be approved by a majority of the said construction board, and shall then be allowed by the board of county commissioners of Washoe County, and paid as other bills are presented, allowed and paid. Sec. 12. All moneys remaining from the sale of the said bonds, after paying for the construction of the new bridge at the Park-street crossing as aforesaid, shall remain in the Washoe County bridge fund, and shall be used as necessity requires in rebuilding, |
Construction board, how constituted
Supervising architect
Plans to be advertised for
Price General laws to govern contract
Bills audited by construction board
Residue of fund for general maintenance of bridges |
κ1915 Statutes of Nevada, Page 360 (CHAPTER 238)κ
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in rebuilding, repairing, and constructing bridges in Washoe County, under the supervision and control of the county commissioners of said county. |
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Officers of senate
Officers of assembly
Extra qualifications
Salaries of officers
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Chap. 239An Act fixing the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay, and repealing all acts in conflict therewith.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The officers and attaches of the senate shall consist of one secretary, one assistant secretary, one sergeant-at-arms, one minute clerk, one assistant minute clerk, one journal clerk, one assistant journal clerk, one engrossing clerk, one enrolling clerk, two committee clerks, one bill clerk, one stenographer, one mailing clerk, one messenger who shall be ex officio assistant sergeant-at-arms, one page, one porter. Sec. 2. The officers and attaches of the assembly shall consist of one chief clerk, one assistant clerk, one sergeant-at-arms, one minute clerk, one assistant minute clerk, one journal clerk, one assistant journal clerk, one engrossing clerk, one enrolling clerk, one assistant enrolling clerk, one committee clerk, one stenographer, one mailing clerk, one messenger who shall be ex officio assistant sergeant-at-arms, two pages, one porter. Sec. 3. All clerks, excepting the secretary of the senate and the chief clerk of the assembly, shall be efficient stenographers and typists. Sec. 4. There shall be paid to the several officers and attaches named in this act, for all services rendered by them under the provisions of this act, the following sums of money and no more: The secretary of the senate and the chief clerk of the assembly shall each receive seven dollars per day; the assistant secretary of the senate and the assistant clerk of the assembly shall each receive six dollars per day; the minute clerk, the assistant minute clerk, the journal clerk, the assistant journal clerk, the engrossing clerk, the enrolling clerk of the senate and assembly, respectively, shall each receive six dollars per day; the sergeant-at-arms of the senate and of the assembly shall each receive six dollars per day; the committee clerk of the assembly and the committee clerks of the senate, the bill clerk of the senate, the assistant enrolling clerk of the assembly, and the stenographers of the senate and assembly, respectively, shall each receive six dollars per day; the pages of the assembly and the page of the senate shall each receive two dollars per day; the porters of the senate and assembly, respectively, shall each receive three dollars per day; |
κ1915 Statutes of Nevada, Page 361 (CHAPTER 239)κ
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respectively, shall each receive three dollars per day; the mailing clerks of the senate and assembly, respectively, shall each receive six dollars per day; provided, however, that in case the senate or the assembly shall organize or act with a less number of attaches than herein provided, such organization or action shall be legal; and further provided, that the senate or the assembly may, by resolution, increase or diminish the number of its attaches any time during the session, within the limits hereinbefore provided. Sec. 5. Nothing in this act shall be construed as to affect the term of office of the officers and attaches now in office. Sec. 6. 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. Sec. 7. All acts and parts of acts in conflict with this act are hereby repealed. |
Provisos
Present officers not disturbed Duties of controller and treasurer
Repeal |
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Chap. 240An Act to amend section one of an act entitled An act to amend an act entitled An act to prevent pollution or contamination of the waters of the lakes, rivers, streams, and ditches in the State of Nevada, prescribing penalties and making an appropriation to carry out the provisions of this act, approved March 20, 1903, and further approved on March 12, 1907, March 24, 1909, March 10, 1911, and March 26, 1913.
[Approved March 25, 1915]
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. Any person or persons, firm, company, corporation, or association in this state, or the managing agent of any person or persons, firm, company, corporation, or association in this state, or any duly elected, appointed, or lawfully created state officer of this state, or any duly elected, appointed, or lawfully created officer of any county, city, town, municipality, or municipal government in this state, who shall deposit, or who shall permit or allow any person or persons in their employ or under their control, management, or direction to deposit in any of the waters of the lakes, rivers, streams, and ditches in this state any sawdust, oils, rubbish, filth, or poisonous or deleterious substance or substances, liable to affect the health of persons, fish or live stock, or place or deposit any such deleterious substance or substances in any place where the same may be washed or infiltered into any of the waters herein named, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not less than fifty dollars, nor more than five hundred dollars, |
Prohibiting pollution of waters
Penalty |
κ1915 Statutes of Nevada, Page 362 (CHAPTER 240)κ
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Provisos
Cyanide specially interdicted Exception |
than five hundred dollars, exclusive of court costs; provided, that in cases of state institutions, municipalities, towns, incorporated towns or cities, when, owing to the magnitude of the work, immediate correction of the evil is impracticable, then in such cases the authorities shall adapt all new work, and as rapidly as possible reconstruct the old system of drainage sewerage so as to conform with the provisions of this act; and provided further, that all such new reconstructed systems shall be completed before January 1, 1918; provided, that nothing in this act shall be so construed as to permit mining or milling companies or any one else to place or discharge any cyanide or other poisonous substances in any stream in this state, and that, beyond this restriction, nothing in this act shall apply to any quartz mill or other ore-reduction works in this state. |
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County road supervisor may be appointed by commissioners of each county Bond
Salary limited |
Chap. 241An Act to amend an act entitled An act to provide for the establishment of a uniform system of road government and administration in each of the several counties of the State of Nevada; for the creation of a board of county highway commissioners in each of the several counties, and defining the duties of the members thereof; to provide for the appointment of a county road supervisor and defining his duties; to authorize the board of county commissioners of each county to issue bonds and levy and collect taxes to pay the same for the purpose of creating a county road and bridge fund; to authorize the expenditure of said fund for roads and bridges, and the purchasing of machinery and implements for road work; to classify the county roads of the counties, and other matters related thereto, approved March 26, 1913.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of article 3 is hereby amended so as to read as follows: Section 1. At the first regular meeting of the board of county highway commissioners of each of the several counties after this act takes effect, said board may at their option appoint the county road supervisor; said county road supervisor, hereinafter called the supervisor, shall take and subscribe to the constitutional oath of office and enter into a bond with at least two sureties in the penal sum of $2,500, payable to the county, and conditioned for the faithful performance of his duties. The bond shall be approved by the board of county commissioners, and filed with the county clerk. He shall hold the office during the pleasure of the board. The board shall fix the salary of the supervisor, said salary, however, not to exceed $2,000 a year, together with the actual traveling expenses in the performance of his duties, said salary and expenses to be paid out of the county treasury in the usual manner provided for payment of county officers. |
κ1915 Statutes of Nevada, Page 363 (CHAPTER 241)κ
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of the county treasury in the usual manner provided for payment of county officers. It shall be the duty of the supervisor under the direction of the board to take charge of all county roads, and supervise and direct the building, repairing, and maintaining of the same, to lay out roads on the best grades and alignments possible, to repair, plan, and supervise and furnish estimates for the boards guidance, and performance of such other duties as the board may direct and by this act required. If the board of county commissioners shall decide not to appoint a road supervisor for the county, they may at their option, appoint a board of road commissioners for each district, to consist of one to three members, who shall exercise the duties of the road supervisors herein provided. The road commissioners of each district, the boundaries of which may be fixed by the board of county commissioners, may be appointed by the board of county commissioners of each county until after the year 1916, when they may be elected in the same manner as in the case of other township officers; they shall hold office until their successors are duly elected or appointed and qualified, and shall take and subscribe to the constitutional oath of office before entering upon their duties; they shall have supervision over all road work within their respective districts and may appoint whomsoever they may choose to do said work; all vouchers shall be signed by at least a majority of said commissioners and allowed as in the usual course of claims against the county, but no board of district road commissioners shall contract for any amount of work in excess of the funds set aside for such district by the board of county commissioners, unless in case of an emergency, when by order of the county commissioners a larger amount may be expended. The county commissioners shall set aside for each road district the sums of money apportioned for each road district at their first meeting in January or as soon thereafter as possible. |
Duties of supervisor
Board of road commissioners
When road commissioners may be elected by popular vote
Amount of contracts limited |
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Chap. 242An Act providing for the establishment of private breeding grounds for the propagation, culture, and maintenance of fur-bearing and food animals and game fowl, for their regulation and licensing, and for the sale, shipment, transportation, and disposition of such animals and fowl raised and propagated therein or thereby, and prescribing a penalty for the violation of the provisions thereof.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Any person may establish a private breeding grounds for the propagation, culture, and maintenance of any fur-bearing or food animal, or any game fowl, and any person lawfully conducting any such private breeding grounds and engaged in the propagation, culture, and maintenance of such animals or fowl may take them in his own enclosed grounds wherein the same are so cultivated and maintained, at any time, and for the purpose herein mentioned and none other. |
Authorizing private breeding grounds for fur-bearing and food animals and game fowl |
κ1915 Statutes of Nevada, Page 364 (CHAPTER 242)κ
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Products may be sold at any time
Owners must pay license to county
Invoice to go with all sales
Duplicate invoice for game warden Not required in open season
Invoice to be in plain view on all freight or express shipments
Further regulations |
animals or fowl may take them in his own enclosed grounds wherein the same are so cultivated and maintained, at any time, and for the purpose herein mentioned and none other. Sec. 2. The products of such breeding grounds may be sold at any time of the year by such breeders or their then vendees, after having first complied with the terms of this act. Sec. 3. The owner or proprietor of any private breeding grounds, before he shall be entitled to the benefits of this act, shall pay to the county treasurer of the county wherein such breeding grounds is located an annual license fee of ten dollars ($10), and such fee shall be credited to the game and fish preservation fund of such county. The application for this license shall contain the location and plan of such breeding grounds. Sec. 4. When the proprietor of any licensed breeding grounds shall sell or dispose of any animals or fowl as herein provided, he shall at the same time deliver to the purchaser or donee or attach thereto an invoice signed by the proprietor or his agent, stating the number of his license, and the name of such breeding grounds, the date of disposition, the kind and number of such animals or fowl, the name and address of the purchaser, consignee, or donee. Such invoice shall authorize transportation and use after this date. Such proprietor or his agent shall at the same time mail, postpaid, or otherwise deliver, a duplicate of such invoice to the county game warden of the county in which such breeding grounds are located; provided, that no invoice shall be required in case of animals or fowl lawfully taken or killed in such private breeding grounds during the open season therefor, and within the quantity provided by law while in the possession of the person killing the same, during the open season and for five days thereafter. Sec. 5. When any such animals or fowl for which an invoice is required to be shipped by rail, express, or other carrier, public or private, the invoice shall be securely attached thereto, or to the package containing the same, in plain sight, and the same may then be lawfully carried and delivered within this state to the consignee named in such invoice. If such animals or fowl are held, exposed, or offered for sale, or sold by the consignee, or kept in any hotel, restaurant, cafι, or boarding-house, such invoice shall be kept attached thereto as aforesaid until the same shall have been prepared for consumption, or in case of furs, until they have been made into a manufactured article. In case of a sale or disposal of a part of such animals or fowl, the vendor shall at the same time make a copy of such invoice and indorse thereon the date of sale, the number and kind of animals or fowl disposed of, and the name of the purchaser, and sign and deliver the same to the purchaser, or donee, who shall keep it attached as aforesaid until the animals or fowl are prepared for consumption, or, in case of furs, made into a manufactured article, and the same shall have the same force and effect as the original invoice. |
κ1915 Statutes of Nevada, Page 365 (CHAPTER 242)κ
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or, in case of furs, made into a manufactured article, and the same shall have the same force and effect as the original invoice. Sec. 6. Any wilful misstatement, or any omission of a substantial requirement from any invoice or copy thereof, shall render the same void and be deemed a violation of this act, and the possession of such animals or fowl shall be unlawful, and the possession of any such animals or fowl without such invoice or a copy thereof, attached thereto, when so as above required, shall be unlawful. The proprietor of every private breeding grounds, licensed under the preceding sections, shall, whenever required by the county game warden, make and send to the county game warden a report showing, as near as practicable, the kind and number of the animals or fowl added and disposed of during the year preceding and on hand at the date of the invoice. Sec. 7. No person shall be allowed to collect a bounty on any noxious animal which he may maintain under the provisions of this act. Sec. 8. Any person or persons, or the agent of any corporation or company, violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred dollars ($100), nor more than two hundred dollars ($200), or by imprisonment in the county jail not exceeding one hundred days, or by both such fine and imprisonment. Sec. 9. Nothing in this act shall be construed so as to permit the trapping, killing or offering for sale of any beaver or the furs therefrom. Sec. 10. All acts and parts of acts in conflict herewith are hereby repealed. |
Misstatement, etc., unlawful
No bounty on animals
Violation of act misdemeanor
Penalty
Beaver excepted
Repeal |
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Chap. 243An Act to authorize the board of county commissioners of the county of Humboldt, State of Nevada, to issue bonds to provide for the construction, equipment, and furnishing of an additional story or additional stories to the county high-school building at Winnemucca, Nevada; or for the purchase of a new site for a county high-school building in the town of Winnemucca, Nevada; and for the construction, equipment, and furnishing of a county high-school building on said new site; and authorize the county board of education of said county to sell, in the manner provided in this act, the present site and county high-school building situated thereon, in the town of Winnemucca, Nevada, and other matters properly connected therewith.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The board of county commissioners of Humboldt County is hereby authorized, empowered, and directed to prepare and issue bonds of said county for an amount not to exceed the sum of fifteen thousand ($15,000) dollars, exclusive of interest, for the purpose of providing funds for the construction, equipment, and furnishing of an additional story or additional stories to the county high-school building at Winnemucca, Nevada, or for the purchase of a new site for a county high-school building in the town of Winnemucca, Nevada, and for the construction, equipment, and furnishing of a county high-school building on said new site. |
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κ1915 Statutes of Nevada, Page 366 (CHAPTER 243)κ
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Bonds for county high-school building at Winnemucca, $15,000
Description of bonds
Record to be kept
Negotiation of bonds
Denomination of bonds
Limit, 15 years
Certain high-school funds established
County commissioners to build additional stories |
to prepare and issue bonds of said county for an amount not to exceed the sum of fifteen thousand ($15,000) dollars, exclusive of interest, for the purpose of providing funds for the construction, equipment, and furnishing of an additional story or additional stories to the county high-school building at Winnemucca, Nevada, or for the purchase of a new site for a county high-school building in the town of Winnemucca, Nevada, and for the construction, equipment, and furnishing of a county high-school building on said new site. Sec. 2. The board of county commissioners of said Humboldt County shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, countersigned by the county treasurer, and authenticated by 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 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 Humboldt County is hereby authorized to negotiate the sale of said bonds, or such number thereof as they may deem necessary, by advertising for sealed proposals, or by private sales, as they may deem for the best interests of the county, and may reject any and all bids; provided, that no bonds shall be sold for less than par value; and provided further, that all bonds shall be made payable in gold coin of the United States and the interest thereon shall be payable in like gold coin. Sec. 5. Said bonds shall be each for the sum of five hundred ($500) dollars. They shall be numbered from one (1) to thirty (30) consecutively, and the interest on the same shall not exceed six per cent (6%) per annum, payable annually on the first Monday in July of each year at the office of the county treasurer of said Humboldt County, and in no case shall any of said bonds run for a longer period than fifteen (15) years. Sec. 6. All moneys derived from the sale of said bonds shall be paid to the county treasurer of said county, and the said treasurer is hereby required to receive and keep the same in the fund hereby created and to be known as the Humboldt County High School Building Fund, and to pay out said moneys only in the manner now provided by law for the payment of the County High School Fund, and for the purposes for which same were received. Sec. 7. The board of county commissioners of Humboldt County is hereby authorized and directed to use said moneys arising from the sale of said bonds, or such number thereof as they may deem necessary, for the construction, equipment, and furnishing of an additional story or additional stories to the county high-school building, at Winnemucca, Nevada, or to use said moneys, together with the money derived from the sale hereinafter authorized, for the purchasing of a site and for the establishment, construction, equipment, and furnishing a county high-school building in the town of Winnemucca, Nevada. |
κ1915 Statutes of Nevada, Page 367 (CHAPTER 243)κ
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the county high-school building, at Winnemucca, Nevada, or to use said moneys, together with the money derived from the sale hereinafter authorized, for the purchasing of a site and for the establishment, construction, equipment, and furnishing a county high-school building in the town of Winnemucca, Nevada. Any balance remaining in said fund after the completion of the construction, equipment, and furnishing, as herein provided, shall be turned over and converted into the proper fund provided for running and maintaining of said high school in accordance with and pursuant to the provisions of the law pertaining to the establishment, maintenance, and management of high schools in the various counties of this state. Sec. 8. Said board of county commissioners shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of an additional story or additional stories to the county high-school building at Winnemucca, Nevada, should it in their judgment be deemed for the best interests to construct such additional story or additional stories to the county high-school building at Winnemucca, Nevada, and let the construction thereof by contract to the lowest and most responsible bidder. Should it be, by said board of county commissioners, deemed for the best interests to purchase a new site for a county high-school building in the town of Winnemucca, Nevada, and for the construction of a county high-school building thereon as soon as possible after the passage and approval of this act, or after this act becomes a law, the county commissioners of said county of Humboldt shall proceed to select and procure, either by purchase or otherwise, an appropriate site for the said county high-school building in the town of Winnemucca in said county, and said board of county commissioners of said county shall determine as to the character of building to be constructed upon said site, the material to be used therefor and the plans therefor, and when such determination is made said board shall advertise for bids for the construction of said building and let the construction thereof by contract to the lowest and most responsible bidder. Sec. 9. The laws in force governing the letting of contracts by boards of county commissioners are hereby made applicable to and the same shall govern the action of the said board of county commissioners in carrying out the provisions of this act. All demands and bills contracted by said board of county commissioners in carrying out the provisions of this act shall be paid in the manner now provided by law for paying claims against the County High School Fund; provided, that no such bills shall be allowed until the plans for the said high-school building shall have been approved by the state superintendent of public instruction. Sec. 10. The county treasurer of said Humboldt County shall be liable on his official bond for the safe keeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of his duties in relation thereto. |
Residue of funds for maintenance of high school
Commissioners to determine character of additions
May select new site
General laws to govern action of board |
κ1915 Statutes of Nevada, Page 368 (CHAPTER 243)κ
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Treasurer responsible
Humboldt County High School Bond Redemption Fund
Interest paid annually
Tax ceases, when
Cancelation of bonds
Interest ceases, when
Board of education may sell present building and site |
shall be liable on his official bond for the safe keeping of the 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. 11. 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 said Humboldt County are hereby authorized and required to levy and collect a special tax on all the property, both real and personal, subject to taxation, including the proceeds of mines, within the boundaries of said Humboldt County, until such bonds and the interest thereon shall have been fully paid, sufficient to pay the interest on said bonds, and to pay and retire, beginning with bond number one and consecutively thereafter, two of said bonds annually, beginning with the first Monday in July, 1916, until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund, to be known as the Humboldt County High School Bond Redemption Fund. Sec. 12. It shall be obligatory on the said county and its proper officers, annually, beginning on the first Monday in July, 1916, to fully pay the accrued interest on said bonds, beginning with the first number thereof, until all of said bonds are redeemed and retired. Sec. 13. 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 of said county, be transferred to the fund used to pay the contingent expenses of said county high school. Sec. 14. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof Paid, together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid. Sec. 15. Should the holder of said bonds, or any of them, for any cause whatever, fail to present said bonds to the said county treasurer for payment when they become due, all interest on such bonds shall immediately cease. Sec. 16. The county board of education of Humboldt County is hereby authorized, empowered, and directed to offer for sale and to sell the present county high-school site and the county high-school building situated thereon, at Winnemucca, Nevada, to the highest bidder for cash, gold coin of the United States, and to turn over to the county treasurer of the said Humboldt County all proceeds of such sales, which said proceeds of such sale, together with the money derived from the sale of the bonds hereinbefore specified, shall be applied by said board of county commissioners to the purchase of the said new site and the construction, furnishing, and equipping of the high-school building aforesaid thereon; provided, however, that no such sale shall be made for less than twenty thousand dollars. |
κ1915 Statutes of Nevada, Page 369 (CHAPTER 243)κ
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sale, together with the money derived from the sale of the bonds hereinbefore specified, shall be applied by said board of county commissioners to the purchase of the said new site and the construction, furnishing, and equipping of the high-school building aforesaid thereon; provided, however, that no such sale shall be made for less than twenty thousand dollars. Sec. 17. Said sale shall be made by giving notice thereof in a newspaper printed and published in said county, for a period of three weeks, successively, immediately prior to the day specified in said notice for the holding of said sale, and the same shall be held at the time and place specified by said board of education and in said notice given, and the moneys derived therefrom shall be paid over to the county treasurer and kept by said county treasurer in the Humboldt County High School Building Fund, and said treasurer shall pay out the same in the manner now provided by law for the payment of moneys out of the County High School Fund, and by and through an order of the said board of county commissioners of said Humboldt County, and for the purposes for which the same are received. And the said county board of education shall make, execute, and deliver a deed, in due legal form, to the purchaser of said site and building, upon the making of said sale. Sec. 18. The faith of the State of Nevada is hereby pledged that this act shall not be repealed and the taxation hereby provided be omitted until all the bonds and coupons issued under and by virtue of this act shall have been paid in full, as in this act specified. |
Minimum sale price, $20,000
Notice of sale to be published
Board of education to execute deed
Faith of state pledged |
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Chap. 244An Act to amend section 2 of an act entitled An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act, approved March 23, 1911.
[Approved March 25, 1915]
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. The railroad commission of Nevada shall be, ex officio, the public service commission hereby created, and for the purposes of this act it shall be known as and styled Public Service Commission of Nevada. |
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κ1915 Statutes of Nevada, Page 370 (CHAPTER 244)κ
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Railroad commission to be, ex officio, public service commission
Secretarys salary, $50 per month |
officio, the public service commission hereby created, and for the purposes of this act it shall be known as and styled Public Service Commission of Nevada. It shall provide itself with a seal bearing these words, by which its official acts shall be authenticated in all cases where a seal is required; and in the name, as above set forth, it may sue and be sued in the courts of the state and of the United States. The secretary of the railroad commission of Nevada shall act as secretary of the commission hereby created, but the business of the public service commission shall be kept entirely separate from that of the railroad commission. For his services under the provisions of this act, the secretary shall receive a salary of fifty dollars per month, payable in the same manner as the salaries of other state officers are paid. |
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Shelving, and other equipment for state library; paid from library fund |
Chap. 245An Act authorizing the state librarian to purchase and install shelving, central chandelier and fire-proof doors, for the state library.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state librarian is hereby authorized to use any moneys in the state library fund to purchase and install steel shelving, for the accommodation and arrangement of the books now stored in the basement and dome of the state capitol building, and he is further authorized to arrange for the purchase and installation of a central chandelier and for the purchase and installation of fire-proof doors between the capitol building and the library building, and the state controller is hereby authorized to draw his warrant, and the state treasurer is directed to pay the same. |
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State educational survey provided for |
Chap. 246An Act to provide for a state educational survey by an unpaid commission, and other matters properly connected therewith.
[Approved March 25, 1915]
preamble Whereas, The teachers of Nevada, in state institute assembled in December, 1914, adopted the following resolution: Be it Resolved, That we do hereby petition the state board of education to initiate action designed to secure for Nevada an educational survey to be made under the direction of an unpaid commission of business men, educators, and other professional men and women to be appointed by the governor; such commission to consider all matters pertaining to the educational needs of the state, and to the efficiency of all educational agencies, and to make recommendations based on careful study, and designed to increase the efficiency of our educational system; and |
κ1915 Statutes of Nevada, Page 371 (CHAPTER 246)κ
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educational needs of the state, and to the efficiency of all educational agencies, and to make recommendations based on careful study, and designed to increase the efficiency of our educational system; and Whereas, The state board of education has favorably considered the subject-matter of the foregoing resolution; and Whereas, Such surveys have been made in other states to the great educational advantage of the people, furnishing important information and data for the use and guidance of lawmakers; and Whereas, The conclusions of such a commission would be of large interest and benefit to the people of Nevada, and to the next legislature, involving among other important matters, consideration of the organization, equipment, and supervision of the public schools: now, therefore,
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Within thirty days after the passage of this act the governor shall appoint a state educational survey commission, which shall consist of ten members, including the state board of education, who shall be a part of the commission. This commission shall make an educational survey of the state along the lines set forth in the preamble to this act, including such other features of educational need as it may deem proper. Sec. 2. The commission shall report to the next session of the legislature its conclusions, together with a plan of general constructive legislation for the schools of the state, proper to carry into effect said conclusions. Sec. 3. The members of the commission shall serve without pay. There is hereby appropriated the sum of two thousand five hundred dollars ($2,500), or such part thereof as may be necessary, out of the moneys of the state not otherwise appropriated, to pay necessary clerical and traveling expenses of the commission. |
Governor to appoint commission
To report to next legislature
No compensation; $2,500 for clerical and traveling expenses |
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Chap. 247An Act to amend an act entitled An act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their duties, and prescribing their compensation, approved March 26, 1907.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9 of the above-entitled act is hereby amended so as to read as follows: Section 9. When sheep become infected with foot-and-mouth disease, or any incurable, infectious, or malignant disease, said board has the authority, if necessary, to order such diseased sheep destroyed; provided, in case said board orders sheep killed, it shall pay to the owner thereof, out of any funds it has on hand, one-half the market price of said sheep; provided, further, said board shall not at any time pay more than four ($4) dollars the head for any one such sheep so killed or destroyed. |
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κ1915 Statutes of Nevada, Page 372 (CHAPTER 247)κ
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Infected sheep to be killed; owner paid not over $4 per sheep
Bounties for killing certain animals named; paid by sheep commission from its funds
Regulations as to pelts of noxious animals
Lesser bounty paid in case of doubt |
disease, or any incurable, infectious, or malignant disease, said board has the authority, if necessary, to order such diseased sheep destroyed; provided, in case said board orders sheep killed, it shall pay to the owner thereof, out of any funds it has on hand, one-half the market price of said sheep; provided, further, said board shall not at any time pay more than four ($4) dollars the head for any one such sheep so killed or destroyed. Sec. 2. The above-entitled act is hereby amended by adding a section, numbered 9 1/2, to read as follows: Section 9 1/2. The board is authorized and empowered to offer and pay bounties out of its funds for the killing and destruction of the following-named animals, killed in the State of Nevada, to wit: For each coyote or coyote pup, seventy-five (75c) cents; for each wildcat or lynx, seventy-five (75c) cents; and for each mountain lion, five ($5) dollars. Any person killing any of the aforesaid animals in order to obtain the bounty provided for herein shall, within ninety (90) days of the date of the killing, present, or cause to be presented by his duly authorized agent, to the county clerk of the county in which said animal or animals have been killed, the entire skin of each of said animal or animals, which skin includes and must have attached thereto all four of the paws, or feet, the tail, and the skin of the head, eye-holes and skin to tip of nose; and shall at the same time make and file with the said county clerk an affidavit, which said affidavit shall state: first, the kind of animal or animals from which said skin or skins were taken and the number of skins presented; second, that the county in which said animal or animals were killed is the county in which their skins are presented for payment of a bounty; third, that said animal or animals from which said skins were taken were not bought or received, dead or alive, from any other county or state; fourth, that said animals were killed within ninety (90) days from the date of making said affidavit; fifth, that said animal or animals were killed in such county, and in the State of Nevada; and sixth, that the same were not fostered or whelped in captivity prior to the killing thereof. The said county clerk may, if he deems it advisable, require of such applicant for bounty such other corroborative testimony as to him seems proper concerning the truth set forth in such affidavit; provided, that when in doubt as to the kind of skin or skins presented, the order shall be issued for the lesser bounty. The county clerk shall cut off the four (4) paws or feet at the knee and also cut off the ears and scalp and destroy them. The said clerk shall then certify to the said board that he received the said hides, that the required affidavit or affidavits have been made, and that he has destroyed the four feet, scalp, and ears in conformity with law, and also certify the name of the animals killed, the number, where killed, and by whom, and the bounty due. The board shall forthwith remit the bounty due to the party presented. |
κ1915 Statutes of Nevada, Page 373 (CHAPTER 247)κ
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Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed. |
Repeal |
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Chap. 248An Act to amend an act entitled An act to protect public roads and highways from damage by water, and to provide a penalty for a failure to do so, approved March 18, 1911, 96.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section one of an act entitled An act to protect public roads and highways from damage by water, and to provide a penalty for failure to do so, approved March 18, 1911, 96, is hereby amended to read as follows: Section 1. From and after the passage of this act, all persons, corporations, or associations conducting water across any public road or highway, or across any street or alley in any unincorporated town in this state, for domestic, mining, agricultural, or manufacturing purposes, shall construct, at their own expense, good and substantial culverts or bridges over such crossing, and shall in no case allow any stream of water, diverted from its natural channel for such purposes by them, to flood or wash any public road or any street or alley in any unincorporated town of this state. Sec. 2. Section two of the above-entitled act is hereby amended to read as follows: Section 2. Any person, corporation, or association violating any of the provisions of section one of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than fifty ($50) dollars, nor more than five hundred ($500) dollars. |
Water user must protect roads, streets, etc., from damage by water
Violation of act; penalty |
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Chap. 249An Act relating to and requiring the rerecording of brands upon live stock.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Every person, company, or corporation having horses, cattle, or other live stock and owning a brand or mark, or brands or marks, for the same, shall record such brand or brands, or mark or marks, with the county recorder on or before the first day of January, 1916, and again within sixty days prior to the first day of January, 1921, and repeatedly within sixty days prior to the first day of January at the end of each five-year period thereafter, such record to be made in the manner provided by existing laws for the recording of marks or brands. |
Marks and brands to be recorded; rerecorded at end of 5-year periods |
κ1915 Statutes of Nevada, Page 374 (CHAPTER 249)κ
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Brands deemed abandoned unless recorded
Proviso
Notice must be given
Recorder to give notice of right to recorded brands
Notice to be published in newspaper
Present law to govern
Fees named
Bill of sale of brand |
Sec. 2. On and after the first day of January, 1916, no person, company, or corporation shall claim or own any brand or mark which has not been rerecorded in accordance with the provisions of this act, and any failure to rerecord a brand or mark as required by the provisions of this act shall be deemed an abandonment of the same, and any person, company, or corporation shall be at liberty to adopt and use any brand or mark so abandoned; provided, that no person, company, or corporation shall be at liberty to claim or use any such abandoned brand or mark until after he has caused the same to be recorded in his own name, under the provisions of this act; and provided further, that before such brand or mark may be claimed or used by such person, company, or corporation, the notice specified in the following section shall have been given. Sec. 3. It shall be the duty of the county recorder to notify the owner of any recorded mark or brand, at least sixty days prior to the expiration of any time in this act provided for the rerecording of any mark or brand, of his right to rerecord the same. Such notice shall be given in writing, and shall be addressed to such owner at the postoffice address named upon the books of said county recorder, and such notice shall be complete at the expiration of sixty days from the date of its mailing by said county recorder. Sec. 4. It shall be the duty of the county recorder to publish in one newspaper in the county at least once a week for six consecutive weeks, and for seven consecutive weekly insertions, within sixty days prior to the expiration of any time in this act providing for the rerecording of any mark or brand, a notice of expiration of the time fixed by this act for the rerecording of marks and brands and of the right of all persons owning any mark or brand to rerecord the same, which notice shall not exceed two hundred words. Sec. 5. All rerecording of old brands or marks, and all recording of new brands or marks, shall be done and made in all respects in accordance with the provisions of existing laws for the recording of marks and brands. Sec. 6. For rerecording of any old brand or mark, the fee shall be the sum of fifty cents; for recording a new brand or mark, or any old brand or mark in the name of the new owner, the fee shall be as now allowed by law. Sec. 7. A bill of sale, duly witnessed, of any recorded mark or brand shall be prima facie evidence of ownership of such brand. |
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κ1915 Statutes of Nevada, Page 375κ
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Chap. 250An Act requiring school trustees to advertise for bids on contracts for the erection of new school buildings, or for the repairing or adding to an old school building, whenever the cost of such work is to exceed five hundred dollars.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Whenever the trustees of any school district shall decide to erect any new school building that is to cost more than five hundred dollars or to repair or add to any old school building, which repair or addition is to cost more than five hundred dollars, or to purchase school furniture that is to cost more than five hundred dollars they shall advertise for bids for the contract to erect the said new building, or to make the repairs or addition. Such advertising shall be done in the following manner: If a daily newspaper is published in the district, the advertisement for bids shall be published in such newspaper for ten successive days previous to the opening of such bids. If there is only a weekly newspaper published in the district, the advertisement for bids shall be published in at least two weekly issues previous to the opening of such bids. If no newspaper is published in the district the trustees shall cause such advertisement to be published in some paper in the county for the same periods of time as those mentioned above in this section. Sec. 2. In all cases where more than five hundred dollars is to be expended upon the erection of any school building, or upon the repair or addition to any school building or upon the purchase of school furniture, the trustees shall award the contract for such work to the lowest and best bidder for the contract. Sec. 3. All acts or parts of acts in conflict with this act are hereby repealed. |
Trustees must advertise for bids on all work over $500
In newspapers, when
Contract to go to lowest and best bidder
Repeal |
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κ1915 Statutes of Nevada, Page 376κ
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Amending corrupt practices act
Political party limited to $15,000 campaign expenses |
Chap. 251An Act to amend section six of an act entitled An act to limit expenditures for campaign and election purposes to candidates, their political agents, and managing committees of political parties; to prescribe the manner of appointment of such agents; to limit the contributions, expenditures and liabilities of candidates, political agents and managing committees of political parties; to define, prohibit and punish corrupt and illegal practices in connection with or relative thereto at primary, special and general elections; to secure and protect the purity of the ballot; to prohibit the use of conveyances to carry voters to the polls; to prohibit the peddling or distributing of liquors and cigars by candidates for office; to prohibit and punish the making, publication and circulation of false charges and statements against candidates, the doing of any act tending to deceive or interfere with the voter; and to provide for furnishing information to electors, approved March 31, 1913.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6 of an act entitled An act to limit expenditures for campaign and election purposes to candidates, their political agents, and managing committees of political parties; to prescribe the manner of appointment of such agents; to limit the contributions, expenditures and liabilities of candidates, political agents and managing committees of political parties; to define, prohibit and punish corrupt and illegal practices in connection with or relative thereto at primary, special and general elections; to secure and protect the purity of the ballot; to prohibit the use of conveyances to carry voters to the polls; to prohibit the peddling or distributing of liquors and cigars by candidates for office; to prohibit and punish the making, publication and circulation of false charges and statements against candidates, the doing of any act tending to deceive or interfere with the voter; and to provide for furnishing information to electors, approved March 31, 1913, is hereby amended so as to read as follows: Section 6. No political party in any campaign in this State through its managing committees or otherwise shall pay, distribute or expend any sum of money, or incur, authorize or permit any expenses or liabilities in excess of the sum of fifteen thousand ($15,000) dollars. |
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κ1915 Statutes of Nevada, Page 377κ
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Chap. 252An Act to amend an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 23 of the above-entitled act is hereby amended to read as follows: Section 23. Teachers certificates in this state shall be: 1. High school, authorizing the holder thereof to teach in any high school or elementary school in the state; provided, that after September 1, 1916, no one shall be entitled to teach the regular elementary school subjects unless he holds an elementary certificate; 2. Elementary, authorizing the holder thereof to teach in any elementary school in the state; provided, that no teacher shall be eligible to act as principal of an elementary school unless he or she holds an elementary certificate of the first grade; 3. Special, authorizing the holder to teach such special branches of learning, and in such grades, as are named in the certificate; 4. Temporary, authorizing the holder to teach such branches of learning, and in such grades and school districts, as are named in the certificate. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. |
Classes of teachers certificates High school
Elementary
Special
Temporary
Repeal |
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κ1915 Statutes of Nevada, Page 378κ
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Amending water law
Various duties of state engineer enumerated |
Chap. 253An Act to amend an act entitled An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution, and use of water; prescribing the duties and powers of the state engineer and other officers, and fixing their compensation; prescribing the duties of water users, and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties, and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineers office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties, and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled An act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners, and defining their duties, approved February 26, 1907, and to provide a fee system, for the certification of the records of, and an official seal for, the state engineers office, and other matters relating thereto, approved February 20, 1909, approved March 22, 1913.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twenty-five of the above-entitled act is hereby amended to read as follows: Section 25. It shall be the duty of the state engineer to commence the taking of proofs on the date fixed and named in the notice provided for herein for the commencement of the taking of proofs, and he shall proceed therewith during the period fixed by him and named in the said notice, after which no proofs shall be received by or filed with the said state engineer; provided, however, that the state engineer may in his discretion, for cause shown, extend the time in which proofs may be filed. Upon neglect or refusal of any person to make proof of his claim or rights in or to the waters of such stream system, as required by this act, prior to the expiration of the period fixed by said state engineer during which proofs may be filed, the state engineer shall determine the right of such person from such evidence as he may obtain or may have on file in his office in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as hereinafter provided. |
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fixed by said state engineer during which proofs may be filed, the state engineer shall determine the right of such person from such evidence as he may obtain or may have on file in his office in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as hereinafter provided. Sec. 2. Section thirty of the above-entitled act is hereby amended to read as follows: Section 30. The state engineer shall fix a time and place for the hearing of said contest, which date shall not be less than thirty (30) days nor more than sixty (60) days from the date the notice is served on the persons who are parties to the contest. Said notice may be sent by registered mail to the person, and the receipt thereof shall constitute valid and legal service. Said notice may also be served by the state engineer, or by any person qualified and competent to serve subpenas as in civil actions, appointed by him, and returns thereof made in the same manner as in civil actions in the district courts of the state. The state engineer shall have power to adjourn hearings from time to time upon reasonable notice to all parties interested, and to issue subpenas and compel the attendance of witnesses to testify at such hearings, which shall be served in the same manner as subpenas issued out of the district courts of the state. He shall have the power to administer oaths to witnesses. In the case of neglect or refusal on the part of any person to comply with any order of the state engineer or any subpena, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the district court of any county, or any judge thereof, on application of the state engineer, to issue attachment proceedings for contempt, as in the case of disobedience of a subpena issued from such court, or a refusal to testify therein. Said witnesses shall receive fees as in civil cases, the costs to be taxed in the same manner as in civil actions in this state. The evidence in such proceedings shall be confined to the subjects enumerated in the notice of contest and answer and reply, when the same are permitted to be filed. All testimony taken at such hearings shall be reported and transcribed in its entirety. Sec. 3. Section thirty-three of the above-entitled act is hereby amended to read as follows: Section 33. As soon as practicable after the hearing of contests, it shall be the duty of the state engineer to make, and cause to be entered of record in his office, an order determining and establishing the several rights to the waters of said stream; provided, however, that within sixty days after the entry of an order establishing water rights, the state engineer may, for good cause shown, reopen the proceedings and grant a rehearing. Such order of determination shall be certified to by the state engineer, and as many copies as required printed in the state printing office. A copy of said order of determination shall be sent by registered mail, or delivered in person, to each person who has filed proof of claim, and to each person who has become interested through intervention or as a contestant under the provisions of section 26 or section 29 of this act. |
Hearings for determination of water rights
State engineer to make and record order determining water rights |
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Order to be filed with county clerks of counties where stream system is situated
Proviso
Further regulations concerning order
Order published, when
What deemed full notice |
tion shall be sent by registered mail, or delivered in person, to each person who has filed proof of claim, and to each person who has become interested through intervention or as a contestant under the provisions of section 26 or section 29 of this act. Sec. 4. Section thirty-four of the above-entitled act is hereby amended to read as follows: Section 34. As soon as practicable thereafter a certified copy of the order of determination, together with the original evidence and transcript of testimony filed with, or taken before, the state engineer, as aforesaid, duly certified by him, shall be filed with the clerk of the county, as ex officio clerk of the district court, in which said stream system is situated, or if in more than one county but all within one judicial district, then with the said clerk of the county wherein reside the largest number of parties in interest. But if such stream system shall be in two or more judicial districts, then the state engineer shall notify the district judge of each of such judicial districts of his intent to file such order of determination, whereupon, within ten days after receipt of such notice, such judges shall confer and agree where the court proceedings under this act shall be held and upon the judge who shall preside, and on notification thereof the state engineer shall file said order of determination, evidence, and transcripts with the clerk of the court so designated; provided, that if such district judges fail to notify the state engineer of their agreement, as aforesaid, within five days after the expiration of such ten days, then, and in that event, the state engineer may file such order of determination, evidence, and transcript with the clerk of any county he may elect, and the district judge of such county shall have jurisdiction over the proceedings in relation thereto. In all instances a certified copy of the order of determination shall be filed with the county clerk of each county in which such stream system, or any part thereof, is situated. Upon the filing of the certified copy of said order, evidence, and transcript with the clerk of the court in which the proceedings are to be had, the state engineer shall procure an order from said court setting the time for hearing. The clerk of such court shall immediately furnish the state engineer with a certified copy thereof. It shall be the duty of the state engineer immediately thereupon to mail a copy of such certified order of the court, by registered mail, addressed to each such party in interest at his last known place of residence, and to cause the same to be published at least once a week for four consecutive weeks in some newspaper of general circulation published in each county in which such stream system or any part thereof is located, and the state engineer shall file with the clerk of the court proof of such service by registered mail and by publication. And such service by registered mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of such hearing. |
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Sec. 5. Section thirty-five of the above-entitled act is hereby amended to read as follows: Section 35. At least five days prior to the day set for hearing all parties in interest who are aggrieved or dissatisfied with the order of determination of the state engineer shall file with the clerk of said court notice of exceptions to the order of determination of the state engineer, which notice shall state briefly the exceptions taken, and the prayer for relief, and a copy thereof shall be served upon or transmitted to the state engineer by registered mail. The order of determination by the state engineer and the statements or claims of claimants and exceptions made to the order of determination shall constitute the pleadings and there shall be no other pleadings in the cause. If no exceptions shall have been filed with the clerk of the court as aforesaid, then on the day set for the hearing, on motion of the state engineer, or his attorney, the court shall enter a decree affirming said order of determination. On the day set for hearing all parties in interest who have filed notices of exceptions as aforesaid shall appear in person or by counsel, and it shall be the duty of the court to hear the same or set the time for hearing, until such exceptions are disposed of, and all proceedings thereunder shall be as nearly as may be in accordance with the rules governing civil actions. Sec. 6. Section thirty-six of the above-entitled act is hereby amended to read as follows: Section 36. For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon under oath, subject to examination by any party in interest as to his competency to give expert testimony thereon. The court, may, if necessary, refer the case or any part thereof for such further evidence to be taken by the state engineer as it may direct, and may require a further determination by him, subject to the courts instructions. After the hearing, the court shall enter a decree affirming or modifying the order of the state engineer. Upon the hearing the court may assess and adjudge against any party such costs as it may deem just and equitable, or may assess the costs in proportion to the amount of water right allotted. Appeals from such decree may be taken to the supreme court by the state engineer or any party in interest, in the same manner and with the same effect as in civil cases. Sec. 7. Section thirty-seven of the above-entitled act is hereby amended to read as follows: Section 37. The county clerk immediately upon the entry of any decree by such court, shall transmit a certified copy of said decree to the state engineer, who shall immediately enter the same upon the records of his office, and which said decree, subject only to the provisions of law relating to appeal and stay of proceedings, shall be in full force and effect. Sec. 8. Section thirty-eight of the above-entitled act is hereby amended to read as follows: |
Exceptions to order, how made
Decree of court, when
Expert witnesses may be called by court
Costs, how assessed
Copy of court decree filed with state engineer |
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Division of water made by state engineer pending courts determination
Operation of order may be stayed, how
Bond
Certain sections repealed
Governor to appoint water commissioners
Duties of said commissioners
Charges, how based
Minimum charge
Defaulted payments lien on property |
Section 38. From and after the filing of the order of determination, evidence, and transcript with the county clerk as aforesaid, and during the time the hearing of said order is pending in the district court, the division of water from the stream involved in such determination shall be made by the state engineer in accordance with said order of determination. Sec. 9. Section thirty-nine of the above-entitled act is hereby amended to read as follows: Section 39. At any time after the order of determination, evidence and transcript has been filed with the clerk of the court, as aforesaid, the operation of said order of determination may be stayed in whole or in part by any party upon filing a bond in the court wherein such determination is pending in such amount as the judge thereof may prescribe, conditioned that such party will pay all damage that may accrue by reason of such determination not being enforced, pending decree by said court. Immediately upon the filing and approval of such bond, the clerk of the court shall transmit to the state engineer a certified copy of such bond, which shall be recorded in the records of his office, and he shall act in accordance with such stay. Sec. 10. Sections forty, forty-one, forty-two, forty-three, and forty-four of the above-entitled act are hereby repealed. Sec. 11. Section fifty-two of the above-entitled act is hereby amended to read as follows: Section 52. There shall be appointed by the governor one or more water commissioners for each water district, who shall receive a salary, including all expenses, of not more the five dollars ($5) per day for each day actually employed on the duties herein mentioned. Such water commissioners shall execute the laws prescribed in sections 53 to 88, inclusive, of this act, under the general direction of the state engineer. The salary of such water commissioners shall be paid by the water users in the district in which they shall serve. The charge against each water user shall be based upon the proportion which his water right bears to the aggregate water rights in such district as determined by the state engineer or the court; provided, however, that the minimum charge to each water user shall be one dollar. The state engineer shall prepare and certify a list of the owners and areas of land served by such water commissioners, together with the addresses taken from the tax roll of said county, and transmit the same to the board of county commissioners of the county in which such water commissioners serve, and upon receipt thereof the said board shall transmit to each and every such owner a statement showing the amount due for the services so rendered. Should such property owner fail to make payment to the county treasurer within thirty days from the receipt of such statement, then such amount shall constitute a lien upon the property served by such water commissioner, and be collectible in the same manner as taxes levied against said property. Upon receipt of a certified statement from the state engineer, showing the number of days such commissioners were actually employed, and the amount due, the board of county commissioners shall draw a warrant against the general fund of such county for the payment of such claim. |
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of a certified statement from the state engineer, showing the number of days such commissioners were actually employed, and the amount due, the board of county commissioners shall draw a warrant against the general fund of such county for the payment of such claim. The county treasurer shall credit the general fund of the county with the moneys collected from the water users as above provided. Sec. 12. Section seventy-three of the above-entitled act is hereby amended to read as follows: Section 73. The following fees shall be collected by the state engineer in advance, and shall be accounted for and paid by him into the general fund of the state treasury, once each month; provided, however, that the fees named in subdivision (c) of this section shall not apply to permits for underground waters; and provided further, that five dollars shall be the minimum fee for issuing and recording any permit: (a) For examining and filing an application for permit to appropriate water, fifteen dollars ($15), which shall include the cost of publication, which publication fee is hereby fixed at ten dollars ($10). (b) For examining and filing an application for permit to change the point of diversion, manner of use, or place of use, twenty-five dollars ($25), which shall include the cost of permit should the same issue thereunder, and the cost of publication of such application. (c) For issuing and recording permit to appropriate water for irrigation purposes, five cents per acre for each acre to be irrigated, up to and including one hundred acres, and three cents for each acre in excess of one hundred acres, up to and including one thousand acres, and two cents for each acre in excess of one thousand acres. (d) For issuing and recording permit for power purposes, twenty-five cents for each theoretical horsepower to be developed up to and including one hundred horsepower, and fifteen cents for each horsepower in excess of one hundred horsepower, up to and including one thousand horsepower, and ten cents for each horsepower in excess of one thousand. (e) For issuing and recording permit to store water, two cents for each acre-foot of water to be stored, up to and including one thousand acre-feet, and one cent for each acre-foot in excess of one thousand. (f) For issuing and recording permit to appropriate water for any other purpose, $5 for each second-foot of water applied for, or fraction thereof. (g) For filing secondary permit under reservoir permit $5; for approving and recording permit under reservoir permit, $5. (h) For filing proof of commencement of work, $1. (i) For filing proof of completion of work under any permit, $1. (j) For filing any protest, affidavit, or any other water-right instrument or paper, $1. |
Water commissioners paid by county
Fees of state engineer
Minimum, $5
Fees of state engineer |
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Fees of state engineer
Aggrieved party may have order reviewed, how
Notices must be served to parties concerned
Transcript of testimony
Bond required when stay is desired |
(k) For making copy of any document recorded or filed in his office, one dollar for the first hundred words, and twenty cents for each additional one hundred words or fraction thereof; where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged. (l) For certifying to copies of documents, records, or maps, one dollar for each certificate. (m) For blue-print copy of any drawing or map, ten cents per square foot. (n) For such other work as may be required of his office, actual cost of the work. Sec. 13. Section seventy-five of the above-entitled act is hereby amended to read as follows: Section 75. Any person feeling himself aggrieved by any order or decision of the state engineer, acting in person or through his assistants or the water commissioners, affecting his interests, when such order or decision relates to the administration of determined rights or is made pursuant to sections 52 to 88, inclusive, of this act, may have the same reviewed by a proceeding for that purpose, in so far as may be in the nature of an appeal, which shall be initiated in the proper court of the county in which the matters affected or a portion thereof are situated. The proceedings in every case shall be heard and tried by the court, and shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced. And no such proceeding shall be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioners interests, shall have been served upon the state engineer, personally or by registered mail, at his office at the state capitol within thirty days following the rendition of the order or decision in question. A similar notice shall also be served personally or by registered mail upon the person or persons who may have been affected by such order or decision. Where evidence has been filed with, or testimony taken before, the state engineer, acting as aforesaid, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, shall be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of said transcript shall be furnished on demand, at actual cost, to any person affected by such order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the state engineer. No bond shall be required except a stay is desired, and the proceedings herein provided for shall not be a stay unless, within five days following the service of the notice thereof, a bond shall be filed in an amount to be fixed by the court, with sureties satisfactory to such court, conditioned to perform the judgment rendered in such proceedings. Costs shall be paid as in civil cases brought in the district court, except by the state engineer or the state; and the practice in civil cases shall apply and be consistent with the informal and summary character of such proceedings, as herein provided. |
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district court, except by the state engineer or the state; and the practice in civil cases shall apply and be consistent with the informal and summary character of such proceedings, as herein provided. Appeals may be taken to the supreme court from the judgment of the district court in the same manner and with the same effect as in other civil cases, except that notice of appeal must be served and filed within sixty days from the entry of judgment. The decision of the state engineer shall be prima facie correct, and the burden of proof shall be upon the party attacking the same. Whenever it shall appear to the state engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, it shall be his duty to request the attorney-general to appear and protect the interests of the state. Sec. 14. A new and further section is hereby added and the same shall be and is hereby incorporated in the above-entitled act and shall be known and designated as section 88a, as follows: Section 88a. Any and all maps, plats, surveys, and evidence on file in the office of the state engineer relating to any proof of appropriation involved in the proceedings for the determination of the relative rights in and to the waters of any stream system, obtained or filed under the provisions of this or any preceding act relating to the office of state engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this act as amended; provided, that at least ninety days prior to the rendering of his order of determination of the relative rights in and to the waters of any stream system, the state engineer shall notify all parties in interest of his intention to consider such maps, plats, and evidence, and of his intention to submit his findings to the court under the provisions of this act as amended; such notice to be given in the manner prescribed in section 22 of this act. Within sixty days after such notice, any such party in interest may file with the state engineer any additional or supplementary maps, plats, surveys, or evidence, or objections to the admissibility of any evidence hitherto presented and on file in the office of the state engineer, in relation to his claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his claim in accordance with the provisions of this amended act, and the state engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by sections 34 to 39, inclusive, of this act. Sec. 15. A new and further section is hereby added and the same shall be and is hereby incorporated in the above-entitled act and shall be known and designated as section 88b, as follows: Section 88b. In all cases where the state engineer has already issued findings declaring the relative rights of appropriators in and to the waters of any stream system, the same may be submitted to the court under the provisions of sections 34 to 39, inclusive, of this act. |
Appeals, how taken
Attorney-general to appear for state Section 88a added
All documentary evidence, maps, etc., admissible in court
Proviso
All evidence to be considered
Section 88b added |
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Relative rights submitted to court
Section 88c added
Engineer secretary of state board of irrigation In effect |
already issued findings declaring the relative rights of appropriators in and to the waters of any stream system, the same may be submitted to the court under the provisions of sections 34 to 39, inclusive, of this act. Sec. 16. A new and further section is hereby added and the same shall be and is hereby incorporated in the above-entitled act and shall be known and designated as section 88c, as follows: Section 88c. The state engineer is hereby made a member of the state board of irrigation and shall act as secretary of such board. Sec. 17. This act shall take effect from and after its passage and approval. |
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Superintendent of public instruction to apportion school funds
Method of apportioning school funds |
Chap. 254An Act to amend an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 152 of the above-entitled act (section 3391 of the Revised Laws of Nevada, 1912) is hereby amended to read as follows: Section 152. The superintendent of public instruction shall, immediately after he has apportioned the state distributive school fund, as provided in this act, proceed to apportion the county school fund of each county among its several school districts. He shall apportion the county school fund as follows: 1. He must ascertain the number of teachers to which each district is entitled by calculating one teacher for every seventy-five census children or fraction thereof as shown by the last preceding census report; 2. He must ascertain the total number of teachers for the county by adding together the number of teachers assigned to the several school districts upon the basis of one teacher to each seventy-five census children or fraction thereof; 3. Forty per cent of the amount of the county school fund shall be apportioned equally to each school district for every teacher assigned to it upon the basis of seventy-five census children or fraction thereof; 4. All school moneys remaining on hand in the county school fund after apportioning forty per cent of the county school fund equally to each school district for every teacher assigned to it, upon the basis of seventy-five census children or fraction thereof, must be apportioned to the several school districts in proportion to the number of school-census children between the ages of six and eighteen years, as shown by the last preceding school census. The superintendent of public instruction shall by means of a printed report notify the county treasurer, the county auditor, and the clerk of each board of school trustees of such apportionment in detail; |
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county treasurer, the county auditor, and the clerk of each board of school trustees of such apportionment in detail; 5. The county treasurer of every county, before notifying the superintendent of public instruction of the county school fund to be apportioned in the July apportionment for the year 1915, shall set aside an amount equal to one-half of one per cent of salaries paid to employees of each and every school district of the county during the two years beginning July 1, 1913, and ending June 30, 1915, and this fund shall be known as the School Insurance Fund; 6. In January, 1916, and semiannually thereafter, the county treasurer of every county shall, in like manner, set aside an amount equal to one-half of one per cent of salaries paid to employees of each and every school district of the county during the preceding six months, and credit the same to the school insurance fund; 7. The amounts certified to the superintendent of public instruction for apportionment shall not include the school insurance fund to set aside; 8. The county auditor shall, during the month of July, 1915, and semiannually thereafter, draw his warrant in favor of the Nevada industrial commission for an amount equal to that named in the aforesaid order to be paid out of the school insurance fund. |
School insurance fund
County treasurer to set aside 1/2 of 1% of salaries to insurance fund
Auditor to draw warrant for industrial commission |
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Chap. 255An Act to amend section one of an act entitled An act to require district attorneys to make certain reports to the attorney-general, approved March 1, 1889.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of said act is hereby amended so as to read as follows: Section 1. On the fourth Monday of March and August of each year the several district attorneys, or other persons charged by law with the prosecution of criminals, shall make a report in writing to the attorney-general containing a concise statement of the facts of each case prosecuted by them since the last report herein required in which a conviction was had. Upon receipt of such statement the attorney-general shall file the same in his office, and shall not permit the same to be taken therefrom except at the request of the board of pardons, or a member thereof. Such statement shall be considered by the board of pardons as prima facie evidence of the matter therein contained. |
District attorney to report convictions semiannually to attorney-general |
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Beaver protected until 1920 |
Chap. 256An Act to amend section 16 of an act entitled An act providing for the protection and preservation of game, and repealing all acts and parts of acts in conflict therewith, approved March 24, 1909.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 16 of said act is hereby amended so as to read as follows: Section 16. It shall be unlawful for any person or persons, firm, company, corporation, or association to catch, kill, destroy, trap, net, weir, or cage any beaver in this state on or before the first day of January, 1920. |
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Segregating certain Lincoln County offices
Salaries
Commissioners
Sheriff Assessor Treasurer Clerk Recorder
District attorney |
Chap. 257An Act concerning Lincoln County officers, and fixing their salaries.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. On and after the fifth day of January, 1917, the offices of sheriff and assessor of Lincoln County shall be segregated. Sec. 2. On and after the fifth day of January, 1917, the offices of clerk and treasurer of Lincoln County shall be segregated. Sec. 3. On and after the fifth day of January, 1917, the salaries of the following officers of Lincoln County shall be as follows: The county commissioners shall each receive the sum of three hundred dollars per annum, and, in addition thereto, mileage at the rate of ten cents per mile necessarily traveled in attending regularly convened meetings of the board. The sheriff shall receive the sum of eighteen hundred dollars per annum. The assessor shall receive the sum of twelve hundred dollars per annum. The treasurer shall receive the sum of eighteen hundred dollars per annum. The clerk shall receive the sum of twelve hundred dollars per annum. The recorder and ex officio auditor shall receive the sum of fifteen hundred dollars per annum. The district attorney, who shall be ex officio public administrator, shall receive the sum of eighteen hundred dollars per annum. |
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Sec. 4. The salaries of all the officers of Lincoln County, and the mileage of the commissioners shall be allowed, audited, and paid monthly. Sec. 5. The sheriff of Lincoln County is hereby authorized and empowered to appoint a deputy or deputies, with the approval of the board of county commissioners, at a salary not to exceed one hundred dollars per month each, to be allowed and paid in the same manner and from the same funds as the salaries of other officers are paid. Sec. 6. The salaries hereinbefore provided shall be payment in full for all services and ex officio services performed by the respective officers mentioned, and the county commissioners will have no authority to allow bills for deputies or assistants to any officer with the exception of the sheriff; provided, that the sheriff, the assessor, and the district attorney may be allowed traveling expenses not in excess of five dollars per day, if away from the county-seat in the actual performance of their respective duties; provided further, however, that the assessor shall not be allowed to exceed $300 per year for traveling expenses for assessing the county. Sec. 7. This act shall be in full force and effect on and after the fifth day of January, 1917, and all parts of acts in conflict herewith shall then be repealed. |
Paid monthly
Deputy sheriff
Salaries full compensation; no salaries for any deputies except deputy sheriffs
Traveling expenses
Limitation In effect Jan. 5, 1917 |
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Chap. 258An Act to make an appropriation for the reconstruction of the third floor of the main building of the Nevada hospital for mental diseases, and the rebuilding of the irrigation flume.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of twenty thousand dollars ($20,000) is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, to be expended under the direction of the board of commissioners of the Nevada hospital for mental diseases, to be used for the reconstruction of the third floor of the main building of said Nevada hospital for mental diseases, and the rebuilding of the irrigation flume belonging to said hospital. |
$20,000 for reconstructing third floor of hospital, and flume |
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Surety bond illegal unless company has qualified in state |
Chap. 259An Act to amend section eight of an act entitled An act to facilitate the giving of bonds and undertakings in certain cases and prescribing conditions upon which surety companies may become liable thereon in this state; fixing penalties for the violation thereof, repealing conflicting acts, and other matters relating thereto, approved March 26, 1909.
[Approved March 25, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 8 of the above-entitled act is hereby amended so as to read as follows: Section 8. No court or officer having authority so to do shall approve any surety bond or undertaking given by any surety company as surety thereon, unless the person offering the same or some one in his behalf, shall exhibit the certificate of the secretary of state showing that such company has duly qualified under this act to become such surety, which certificate shall have been issued during the current calendar year. |
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Orphans home to receive dependent and neglected children same as orphans
Such children full wards of state |
Chap. 260An Act to amend sections twelve, thirteen, sixteen, and seventeen of an act entitled An act for the government and maintenance of the state orphans home, approved March 1, 1873, as amended March 3, 1887, as amended March 9, 1903, as amended March 25, 1913.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section twelve of the above-entitled act, as amended, is hereby amended so as to read as follows: Section 12. Nothing in this act shall be construed to prevent the board of directors, at their discretion, from receiving any child or children from its living resident parent, parents, guardian, or guardians, when committed to the state orphans home as hereinafter provided; provided, however, that the state orphans home is hereby organized as a home for dependent and neglected children in addition to the other purposes for which the institution is established; and the board of directors are authorized and required to receive such dependent and neglected children, or any other children, as may be committed to the care of said institution by any district court of the state. Sec. 2. Section thirteen of the above-entitled act, as amended, is hereby amended so as to read as follows: Section 13. Children admitted to the state orphans home under the provisions of section twelve of this act, as amended, are hereby declared and adjudged to be wards of the state as fully as whole orphans; provided, that no child shall be received by the board of directors unless committed by the district court of the county in which such child resides; |
κ1915 Statutes of Nevada, Page 391 (CHAPTER 260)κ
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by the board of directors unless committed by the district court of the county in which such child resides; provided further, that if the district judge is absent from the county, or from any cause is unable to act when an application is made for the commitment of any dependent, neglected, or any other child to said orphans home, the county commissioners are hereby authorized to commit such child to said orphans home; but any such commitment by any board of county commissioners is subject to review by the district court of the county from which such child was committed; provided further, that the expenses, transportation, and maintenance of such children, when committed to this institution by any district court or board of county commissioners of the state, shall become a charge against the county from which such children are committed, such charge for maintenance to be a reasonable rate to be fixed from time to time by the board of directors of said orphans home; provided, that the district attorney, in his discretion, may order the parent, parents, guardian or guardians to reimburse the said county for the amount of the maintenance of such child or children in said orphans home as fixed by the board of directors thereof; and provided further, that no child who is idiotic or has any contagious disease shall be committed or received by the board of directors of said institution, but all children must be subjected to a mental and physical examination under the direction of said board of directors. Sec. 3. Section sixteen of the above-entitled act, as amended, is hereby amended to as to read as follows: Section 16. The board of directors, upon the receipt of said estimate, may, at their discretion, give notice by advertising in one daily paper in Ormsby County for six days that sealed proposals will be received for furnishing to the state orphans home all or any part of the quality and kind of stores, supplies, and fuel contained in the semiannual estimate then on file in the office of the secretary of the board of directors of said orphans home. Sec. 4. Section seventeen of the above-entitled act is hereby amended to as to read as follows: Section 17. The board of directors are hereby directed to meet at the office of the secretary, when bids have been called for, and then and there open all the sealed proposals. The lowest sealed proposals in price shall be accepted and noted in the minutes of the secretary, and the secretary shall notify the person or persons of the acceptance of their proposal for furnishing the state orphans home with stores, supplies, and fuel; provided, the board of directors shall have the right to reject any and all bids from persons not responsible. Sec. 5. This act shall take effect from and after its approval. |
Commissioners may commit, when
County to pay expenses and keep of certain children
Idiotic and diseased children excluded
Directors to advertise for supplies
Bids opened and awarded
Proviso
In effect |
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κ1915 Statutes of Nevada, Page 392κ
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New section added to act concerning town plats
Certain unoccupied portion may be vacated
Method of procedure
Proviso |
Chap. 261An Act amendatory of and supplemental to an act entitled An act authorizing owners of land to lay out and plat such lands into lots, streets, alleys, and public places, and providing for the approval and filing of maps or plats thereof, approved March 13, 1905.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. An act entitled An act authorizing owners of land to lay out and plat such lands into lots, streets, alleys, and public places, and providing for the approval and filing of maps or plats thereof, approved March 13, 1905 (sections 955 to 966, inclusive, Revised Laws of Nevada, 1912), is hereby amended by the addition of a new section to follow section ten of said act, and to read as follows: Section 10a. Vacating Unoccupied Portion of Plat-Procedure. Where a portion of any plat has for five years remained unoccupied, and the streets and alleys thereof are not necessary to the use and convenience of the residents of the occupied portions of such plats, and where such unoccupied portion is bounded on at least one side by a boundary of such plat, application in writing to vacate such unoccupied portion, setting forth such facts, may be made to the city council of the city wherein such land is situated and in all other cases to the board of county commissioners of the county wherein said land is contained, which petition shall be signed by all the owners of land in the portion of such plat proposed to be vacated. Copy of such petition shall be published in some newspaper of general circulation published in such town or city, and if none be published therein, then in some newspaper published nearest in the county, for at least once a week for four consecutive weeks which said publication shall be deemed due and sufficient notice to all parties in interest of nature and purpose of such petition. Upon the filing of such application and proof of publication, the city council or board of county commissioners, as the case may be, shall, at its next regular meeting proceed to hear, consider and dispose of the same as provided in section 10 of this act; provided, that any person claiming material injury by any order vacating any portion of a plat under the provisions of this section may at any time within six months after the date of such order commence an action in the district court to have such order set aside. |
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κ1915 Statutes of Nevada, Page 393κ
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Chap. 262An Act fixing the salary of the county recorder of Elko County, Nevada, and providing for a deputy county recorder, and fixing said deputys salary.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this act, the county recorder of Elko County, Nevada, and as ex officio auditor, shall receive the sum of two thousand ($2,000) dollars per annum; he shall pay into the county treasury each month all moneys collected by him as fees. The county recorder, and as ex officio auditor, may appoint one deputy, who shall receive a salary of $1,500 per annum, provided the county commissioners may allow or disallow additional deputies when they may deem the same necessary. Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. |
Salary of recorder of Elko County
Repeal |
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Chap. 263An Act fixing the compensation of the deputy county recorder of the county of Humboldt.
[Approved March 26, 1915]
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 April, 1915, the deputy county recorder of the county of Humboldt, shall receive the sum of fifteen hundred ($1,500) dollars annually, as full compensation for all official services rendered said county by said deputy county recorder. And said sum of fifteen hundred ($1,500) dollars shall be allowed and paid said deputy county recorder in the same manner as the salaries of other county officers are now allowed and paid. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
Salary of deputy county recorder of Humboldt
Repeal |
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Chap. 264An Act for the relief of Nevada industrial commission.
[Approved March 26, 1915]
Whereas, An act known as the Nevada Industrial Insurance Act, approved March 15, 1913, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and providing further as follows: Article B. Section 1. Where the state, county, municipal corporation, school district, cities under special charter or commission form of government, is the employer, |
To pay premiums on salaries of state officers for 1913-1914 |
κ1915 Statutes of Nevada, Page 394 (CHAPTER 264)κ
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$2,475.94 appropriated for Nevada industrial commission
Duties of controller and treasurer |
the employer, the limitations of two employees shall not apply, and as to such employees and employers thereof the rights and remedies, as by this act provided, to pay compensation for personal injury sustained by such employees arising out of, and in the course of the employment shall be exclusive, compulsory, and obligatory; and Whereas, Payment was not made of premiums on salaries of employees of the various departments of the state government: therefore
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of two thousand four hundred and seventy-five dollars and ninety-four cents ($2,475.94) is hereby appropriated, out of any moneys in the general fund of the state for the payment of deficiencies in the appropriation for the years 1913 and 1914 as follows: Amounts due the Nevada industrial commission as premiums on salaries of state employees from July 1, 1913, to January 1, 1915: Governors office, $19.80; secretary of state, $68.40; state treasurer, $19.80; state controller, $19.80; attorney-general, $19.80; surveyor-general, $41.40; department Carey act land, $0.53; justices supreme court, $32.40; clerk supreme court, $10.80; state bank examiner, $10.80; state board of health, $10.80; state mine inspector, $63; state engineer, $149.19; bureau of industry, $19.80; board of capitol commissioners, $58.72; state prison, $605.25; Nevada state police, $205.11; state orphans home, $99.52; Nevada public service commission, $24.39; Nevada railroad commission, $73.75; superintendent of public instruction, $9; deputy superintendents of public instruction, $54; state printing office, $175.19; Nevada hospital for mental diseases, $489.95; Nevada tax commission, $65.23; Virginia City mining school, $10.80; Nevada fish commission, $38.81; Elko County dry farm, $41.04; state experiment farm, Clark County, $38.86; total, $2,475.94. Sec. 2. The state controller is hereby directed to draw his warrant in favor of the Nevada industrial commission for the amount specified in this act, and the state treasurer is directed to pay the same. |
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Chap. 265An Act to authorize any board of county commissioners to pass ordinances relating to certain animals running at large, making the violation thereof a misdemeanor, and fixing the punishment.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. It shall be the duty of the board of county commissioners of any county in this state, when petitioned by 25 per cent of the taxpayers of any town or voting precinct, not maintaining a separate and independent local government, to pass an ordinance to prevent the running at large of any horse, mule, ass, kine, hog, sheep, or goat in said town or precinct; and providing in said ordinance for the impounding of the said animals as estrays and the payment of certain fees and costs before the release of such animals. |
κ1915 Statutes of Nevada, Page 395 (CHAPTER 265)κ
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per cent of the taxpayers of any town or voting precinct, not maintaining a separate and independent local government, to pass an ordinance to prevent the running at large of any horse, mule, ass, kine, hog, sheep, or goat in said town or precinct; and providing in said ordinance for the impounding of the said animals as estrays and the payment of certain fees and costs before the release of such animals. Sec. 2. When said ordinance is properly drawn and signed by the chairman of the board of county commissioners it shall be published in some newspaper of general circulation published in said town or precinct, and if there be none, then in some newspaper published in the county for a period of at least ten days before going into effect. The cost of publication to be paid by the county out of the general fund of the county the same as other bills. Sec. 3. A violation of any such ordinance shall be a misdemeanor, and punished by a fine of not less than $5 nor more than $100, or imprisonment in the county jail for not more than ten days, or by both such fine and imprisonment. Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed. |
Commissioners may make ordinance preventing running at large of animals in unincorporated towns Ordinance shall be published
Penalty
Repeal |
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Chap. 266An Act to amend An act to prevent the unlawful destruction of fish and game; to provide for the appointment of fish and game wardens of the several counties of this state, and to define their duties and compensation, approved March 12, 1901, being section 2052 of the Revised Laws, 1912.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The several boards of county commissioners in this state, at their first regular meeting in April, 1915, and annually thereafter, upon the petition of twenty or more resident taxpayers, may appoint a fish and game warden for their respective counties, who shall reside in the county for which he is appointed. Each warden so appointed, before entering upon the duties of his office, shall take his oath of office and give an undertaking to the State of Nevada, for the use of the respective counties thereof, with two or more sureties, to be approved by the board of county commissioners, conditioned for the faithful performance of his duties, and in such sum as the county commissioners of the several counties may deem sufficient for the faithful performance of the duties of his office and the enforcement of the requirements of this act. |
County fish and game warden may be appointed on petition of 20 taxpayers |
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κ1915 Statutes of Nevada, Page 396κ
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Relief of Remington Typewriter company
Appropriation, $739.81 |
Chap. 267An Act for the relief of the Remington Typewriter company, a corporation, doing business at San Francisco, California.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The sum of $739.81 is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to pay to the Remington Typewriter company, a corporation, doing business and located in San Francisco, California, for supplying typewriters to the various state officers in the employ of the government of the State of Nevada. Sec. 2. Upon the passage of this bill, the controller is hereby authorized and directed to draw his warrant of the state treasury of Nevada in the sum of $739.81 in favor of the said Remington Typewriter company, and the state treasurer is hereby authorized and directed to pay said warrant upon its presentation. |
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State board of stock commissioners created Composition of said board
Oath and bond
Salary, $300 per year
Quarterly meetings |
Chap. 268An Act relating to cattle, horses, and hogs, and regulating such stock, creating a state board of stock commissioners, defining their duties, and matters properly relating thereto.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The state board of stock commissioners is hereby created. Sec. 2. The state board of stock commissioners, hereinafter called the board, shall consist of three (3) members, all of whom shall be experienced stockmen, no two of whom shall be from the same county, said members to be appointed by the governor, and to hold office for four years, and until their successors are duly appointed and qualified. Each of said commissioners, before entering upon the duties of his office, shall take and subscribe to the constitutional oath of office and enter into a bond with at least two sureties in the penal sum of twenty-five hundred dollars ($2,500), payable to the State of Nevada, and conditioned for the faithful performance of the duties of his office, which bond shall be approved by the governor, and filed in the office of secretary of state. The members of the board shall each receive for their services three hundred dollars ($300) per annum and actual transportation expenses while in discharge of their duties. Said salary and expenses shall be paid from the state treasury. Each member of said board shall be a qualified elector of the county from which he is chosen, and must reside during his term of office within the state. Said board must hold their meetings quarterly, and oftener if so requested by any member of the board. |
κ1915 Statutes of Nevada, Page 397 (CHAPTER 268)κ
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Sec. 3. The board shall elect one of its members president, and is empowered to make rules and regulations for governing itself, and for the enforcement of the provisions of this act, and shall have control of all matters pertaining to the cattle, horse, and hog industry. It shall, in conjunction with the state veterinary control service department of the University of Nevada, adopt on behalf of the state rules and regulations of the United States bureau of animal industry, relating to the control and suppression of disease in said stock, and to cooperate with the officers of said bureau in the enforcement of such rules and regulations. The board is authorized to give the inspectors of the bureau of animal industry full authority and power for the inspection, quarantine and condemnation of cattle, horses and hogs affected with any infectious or contagious disease, and for these purposes is granted all the authority of the present inspectors of the state, and is authorized and empowered to enter upon any ground or premises of this state for the purpose of enforcing the inspection, quarantine and condemnation laws of this state. The board is authorized to give the state quarantine officer, or his representatives or his agents, duly approved by the board, full authority and power for the inspection, quarantine and condemnation of cattle, horses and hogs affected with any infectious or contagious disease, and is authorized and empowered to enter upon any ground or premises of this state for the purpose of enforcing the inspection, quarantine, and condemnation laws of this state. The board shall maintain an office at some point within this state, to be determined by the board. The maintenance of such office shall be paid from the state treasury, in the same manner as the salaries and expenses of state officers. The board shall fix the rate of tax to be levied, as provided for in section four of this act, and shall send notice of the same to the county commissioners of the several counties of the state on or before the first day of August of each year. The board shall audit all bills of salaries and expenses incurred in the enforcement of this act that may be payable from the stock inspection fund, and, if found correct, shall certify the same to the state controller, who shall draw a warrant on the state treasurer in favor of the parties entitled thereto. The board shall make an annual report in writing to the governor on or before the thirtieth day of November in each year, giving a statement of the transactions of the board, and facts relating to the condition of the stock industry in this state. The board shall have power to order the state quarantine officer to have inspected or quarantined any stock in the state, compel treatment at such times and as often as he deems necessary to insure the suppression of disease, and the board shall divide the state into such districts as may be necessary for the enforcement of this act. The state quarantine officer shall, upon direction of the board, quarantine and compel the cleaning and disinfection of any corrals or place where stock is handled, and when owners or persons in charge of such corrals fail or refuse to clean and disinfect such places or corrals, the board shall have power to clean and disinfect them, the expense of which shall be paid by the owner or person in charge, and shall be a lien on such place or corral until the expense is paid. |
Officers; rules and regulations
Duties of board
Cooperation with U.S. as to quarantine, etc.
State quarantine officer
Office for board
Stock inspection fund
Annual report
State quarantine officer to inspect stock on order of board |
κ1915 Statutes of Nevada, Page 398 (CHAPTER 268)κ
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Orders, etc., published in newspaper
Tax (6 mills) on all stock for stock inspection fund
Duties of county officers
Board to enforce act
Stock inspectors; bonds
Inspection record
Inspectors have powers of peace officers |
handled, and when owners or persons in charge of such corrals fail or refuse to clean and disinfect such places or corrals, the board shall have power to clean and disinfect them, the expense of which shall be paid by the owner or person in charge, and shall be a lien on such place or corral until the expense is paid. All orders, rules, or regulations made as herein provided must be published at least twice in some newspaper having general circulation in each county in the state, which shall constitute a legal notice of the order made upon all stockmen owning or having in charge cattle, horses, or hogs. Sec. 4. The board of county commissioners, at the time of the annual levy of taxes, must, at the request of the board, levy the rate of tax recommended by the board, not to exceed six (6) mills on the dollar, on all cattle, horses, and hogs assessed in their respective counties, according to the assessed valuation of the same, the said tax to be collected as other taxes, and paid to the state treasurer, who must keep the same in a separate fund to be known as the stock inspection fund. Sec. 5. The county assessor must, on or before the first Monday in September of each year, prepare from the assessment book of such year, as corrected by the board of county commissioners, a statement showing the total number of all said stock assessed, and the value of same. And the county treasurer must notify the state board of stock commissioners of all moneys forwarded to the state treasury belonging to the state stock inspection fund at the time said moneys are forwarded to the state treasury. Also make final report to said board at the time he makes settlement with the state controller. Sec. 6. The board shall have charge of the enforcement of the provisions of this act, and of the rules and regulations made as herein provided. The board shall appoint such inspectors as may be necessary, and said inspectors, before entering upon the duties of their office, shall file a bond in the sum of one thousand dollars ($1,000), payable to the state, for the faithful performance of their duties, with and to be approved by the board. Such inspectors shall be paid from the stock inspection fund. The board and each inspector must keep a book, to be known as the inspection record, in which they must enter their official acts. Such record must show the name of the owner of all horses, cattle, and hogs inspected, and the time when and place where the same were inspected. Inspectors shall have the right at all times to enter any premises, farms, fields, pens, slaughter-houses, buildings, or cars, where any of said stock are quartered, for the purpose of examining them, in order to determine whether they are affected with any infectious or contagious disease. All inspectors and their deputies shall have the same powers and authority of peace officers. The board shall have the power to order an inspector to quarantine any corral, pens, slaughter-houses, buildings and cars where stock may have been handled, and compel the cleaning and disinfecting of the same when deemed necessary for the purposes of this act. |
κ1915 Statutes of Nevada, Page 399 (CHAPTER 268)κ
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necessary for the purposes of this act. Where owners or persons in charge of such places refuse to clean and disinfect them, the inspector shall have the right to take charge of such places, and cause the same to be cleaned and disinfected, the expense of which must be paid by the owner or person in charge, and shall be a lien upon such premises, corrals, pens, slaughter-houses, buildings, cars, etc., until such expense is paid. Sec. 6a. The board is authorized and empowered to offer and pay bounties out of its funds for the killing and destruction of the following-named animals, killed in the State of Nevada, to wit: For each coyote or coyote pup, seventy-five (75c) cents, for each wildcat or lynx, seventy-five (75c) cents, and for each mountain lion, five ($5) dollars. Any person killing any of the aforesaid animals in order to obtain the bounty provided for herein, shall within ninety (90) days of the date of the killing, present or cause to be presented by his duly authorized agent, to the county clerk of the county in which said animal or animals have been killed, the entire skin of each of said animal or animals, which skin includes and must have attached thereto all four of the paws, or feet, the tail and the skin of the head, eye-holes and skin to tip of nose; and shall at the same time make and file with the said county clerk an affidavit, which said affidavit shall state: First, the kind of animal or animals from which said skin or skins were taken and the number of skins presented; second, that the county in which said animal or animals were killed is the county in which their skins are presented for payment of a bounty; third, that said animal or animals from which said skins were taken were not bought or received dead or alive, from any other county or state; fourth, that said animals were killed within ninety (90) days from the date of making of said affidavit; fifth, that said animal or animals were killed in such county and in the State of Nevada; and, sixth, that the same were not fostered or whelped in captivity prior to the killing thereof. The said county clerk may, if he deems it advisable, require of such applicant for bounty such other corroborative testimony as to him seems proper concerning the truth set forth in such affidavit; provided, that when in doubt as to the kind of skin or skins presented, the order shall be issued for the lesser bounty. The county clerk shall cut off the four (4) paws or feet at the knee and destroy them. The said county clerk shall then certify to the said board that he received the said hides, that the required affidavit or affidavits have been made, and that he has destroyed the fore feet, in conformity with law, and also certify the name of the animals killed, the number, where killed and by whom and the bounty due. The board shall forthwith remit the bounty due to the party presenting the same and at the same time notify the said county clerk of the forwarding of said bounty so paid. Sec. 7. Inspectors shall report to the board in writing as often and at such times as may be requested by said board. |
Bounties for killing certain animals named; paid by stock commission from its funds
Regulations as to pelts of noxious animals
Lesser bounty paid in case of doubt
Inspectors must report |
κ1915 Statutes of Nevada, Page 400 (CHAPTER 268)κ
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Bill of health by inspector, when
Stock defined
Board may be notified of disease in stock
Quarantine regulations must be promptly made
Expense of treatment paid by owner
Stock vaccinated on order of board
Entry of foreign stock into state; board must be notified
Exception
Infected stock not to be moved
Secretary of board; salary |
Sec. 8. Each inspector must inspect all the horses, cattle, and hogs, within the district assigned to him, when so ordered by the board, and must make and issue certificate or bill of health for all of said stock whose owners have complied with the law and the orders, rules, and regulations made and adopted by the board, describing the stock with the marks and brands thereon, which shall entitled the owner or agent in charge to pass with such stock from one district to another in the state. The inspector shall immediately file with the board a duplicate of all certificates issued by him. The term stock shall include horses, cattle, and hogs. Sec. 9. Whenever any stock shall become infected with any infectious or contagious disease, the owner or agent in charge, the inspector appointed as herein provided, or any practicing veterinary, must immediately notify the board and the state quarantine officer. Sec. 10. When stock is found diseased, regulation for their quarantine must be made at once by the state quarantine officer, upon notification by the inspector of the district where such stock is found, who must define the place and limits within which such stock may be grazed, herded, or driven, and such stock must be held in quarantine until pronounced cured from disease by the state quarantine officer. The expense of treating, feeding, and taking care of all stock quarantined under the provisions of this act must be paid for by the owner or agent in charge of such stock; and such expense shall be a lien upon such stock until paid. Sec. 11. All stock must be vaccinated when necessary at such time as may be ordered by the board. Any person, firm, company or corporation refusing to comply with and observe the provisions of this act or the orders, rules and regulations of said stock board shall be guilty of a misdemeanor, and liable to the fines and punishment hereinafter provided. Sec. 12. When any owner or person in charge if stock shall bring such stock into this state, before entering from an adjoining state or territory, for the purpose of grazing, or feeding, they shall notify the board and state quarantine officer, in writing, of such fact immediately before entering the state, stating the time when and the place where such stock shall enter; provided, however, that stock in transit on the cars shall not be required to give notice unless they shall remain in the state, or are unloading to feed and rest for a longer period than forty-eight hours. Sec. 13. In no case shall any stock suffering from contagious or infectious diseases be removed from one point to another within any district, or from one district to another without a written permit from the board and state quarantine officer. Sec. 14. The said board shall appoint a secretary, prescribe his duties, and fix his salary at a sum not to exceed eight hundred ($800) dollars the year, payable as the salaries of other state officers are paid. |
κ1915 Statutes of Nevada, Page 401 (CHAPTER 268)κ
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state officers are paid. Said secretary to hold his position during the pleasure of the board. Sec. 15. Whenever any inspector files in the office of the state controller proper vouchers, duly approved by the board setting forth: 1. The name of such inspector; 2. The kind and nature of service rendered; 3. The particular locality where the work was done; 4. The length of time employed; 5. The number of stock inspected and the name of the owner or person in charge of such stock; 6. The disease or diseases treated, and the number treated for each disease, and the length of time of such treatment; 7. The amount claimed for such services; Then and in such case, the state controller must draw a warrant in favor of such inspector, payable out of the moneys in the stock inspection fund. Sec. 16. That the sum of ten thousand dollars is hereby appropriated, out of any moneys not otherwise appropriated, from the general fund, for the purpose of carrying this act into effect. All moneys so appropriated to be returned into the general fund from such taxes as may be levied upon the stock as herein provided. Sec. 17. Any person who violates any provision of this act, or who disregards any order or direction made by the board or inspectors in accordance therewith, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding three hundred dollars ($300), or by imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 18. The state board of stock commissioners shall act in conjunction with the state veterinary control service of the University of Nevada in the general enforcement of rules and regulations looking to the diagnosis, control, eradication, and prevention of infectious, contagious or communicable diseases of domesticated animals, as included in this act. In so far as the duty imposed by the board of stock commissioners requires a regulation of interstate and intrastate movement of domesticated animals infected with, or which have been exposed to, infectious, contagious, or communicable diseases, the board shall act in conjunction with the state veterinary control service department of the University of Nevada; and the laboratory of the said state veterinary control service department of the University of Nevada shall be at the service of the said state board of stock commissioners, to render such scientific assistance as it can, in order to accomplish the purposes contemplated in this act. Whenever any of the employees in the department of the state veterinary control service of the University of Nevada are employed upon duty required of them by the said state board of stock commissioners, they shall be paid, from the stock inspection fund, for their services, pro rata as to the time which has been spent in this service, and at a rate which shall compensate them on the same basis of salary or wages paid to them regularly by the board of regents of the University of Nevada. |
Inspectors, how paid
$10,000 appropriated; to be repaid
Penalty for violation of act
Board to cooperate with state veterinary control service of university
University employees paid from stock fund |
κ1915 Statutes of Nevada, Page 402 (CHAPTER 268)κ
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Board may summon witnesses, employ counsel, etc.
State board to appoint inspectors and detectives
Duties of stock inspectors and detectives |
has been spent in this service, and at a rate which shall compensate them on the same basis of salary or wages paid to them regularly by the board of regents of the University of Nevada. Sec. 19. The board may take all necessary and lawful steps, procure all necessary and lawful process for the attendance of witnesses, and employ counsel to assist in the prosecution of any person guilty of any offense against the laws of this state in feloniously branding or stealing any stock, or any other crime, or misdemeanor, under any of the laws of the state for the protection of the rights and interests of stock owners, and it is the duty of the board to make rules and regulations governing the recording and use of livestock brands. Sec. 20. The state board of stock commissioners may appoint such stock inspectors and detectives as are necessary for the protection of the livestock interests of the state, and the inspectors and detectives have the same power as sheriffs to summon a posse when necessary, and to make arrests. The stock inspectors and detectives may, when deputized by the sheriff, exercise the powers of deputy sheriff, but must not receive any fee or emolument therefor from the state or any county. Sec. 21. It is the duty of the stock inspectors and detectives to arrest all persons who in their presence violate the stock laws of the state, and every stock inspector and detective, upon information that any person has committed any offense against the laws of the state in feloniously branding or stealing any stock or any offense against the laws of the state, for the protection of the rights and interests of stock owners, must make the necessary affidavit for the arrest and examination of such person, and, upon warrant issued therefor, immediately arrest such person, and bring him before the proper officer, and notify the board of his acts. Said inspectors shall also inspect all stock or cattle about to be shipped from the state, and the consignor, upon demand, shall establish fully his title to such stock. |
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Chap. 269An Act to amend section 139 of An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 139 of an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911, is hereby amended to read as follows: Section 139. The board of county commissioners of each county shall, annually, at the time of levying other county taxes, levy a county school tax, not to exceed fifty cents on each one hundred dollars valuation of taxable property, which tax shall be added to the county tax and collected in the same manner, and paid into the county treasury as a special deposit, to be drawn in the same manner, as other public-school moneys; and should said county commissioners fail or neglect to levy said tax as required it shall be the duty of the county auditor to add such tax as the superintendent of public instruction may deem sufficient, not exceeding fifty cents on each one hundred dollars valuation of taxable property in the county, to the assessment roll, to be collected as specified in this section. |
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county shall, annually, at the time of levying other county taxes, levy a county school tax, not to exceed fifty cents on each one hundred dollars valuation of taxable property, which tax shall be added to the county tax and collected in the same manner, and paid into the county treasury as a special deposit, to be drawn in the same manner, as other public-school moneys; and should said county commissioners fail or neglect to levy said tax as required it shall be the duty of the county auditor to add such tax as the superintendent of public instruction may deem sufficient, not exceeding fifty cents on each one hundred dollars valuation of taxable property in the county, to the assessment roll, to be collected as specified in this section. |
County commissioners must levy county school tax
Auditor to add tax, when |
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Chap. 270An Act to amend section nineteen of an act entitled An Act to incorporate the town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section nineteen of the act entitled An act to incorporate the town of Sparks, in Washoe County; and defining the boundaries thereof, approved March 15, 1905, is hereby amended to read as follows: Section 19. The city council 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 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, lease, control, improve, and take care of the real estate and personal property of the city; provided, said council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose. Fifth-To lay out and extend, change the grade, open, vacate, and alter the streets and alleys within the city, and may order, require, and provide for macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing, and widening of any highway, street, or alley, or in any way improving such highway, street, or alley; also to provide for the improvement and preservation of the city parks, and the construction, repair, and preservation of all sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; to prevent and remove any nuisance or obstruction or unlawful or unauthorized use of any street, alley, or sidewalk, crossing, bridge, drain, gutter, or sewer in the said city, and to provide for the numbering of the houses therein. |
Amending charter of town of Sparks
Powers and duties of city council of Sparks |
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Powers and duties of city council of Sparks |
may order, require, and provide for macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing, and widening of any highway, street, or alley, or in any way improving such highway, street, or alley; also to provide for the improvement and preservation of the city parks, and the construction, repair, and preservation of all sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; to prevent and remove any nuisance or obstruction or unlawful or unauthorized use of any street, alley, or sidewalk, crossing, bridge, drain, gutter, or sewer in the said city, and to provide for the numbering of the houses therein. Whenever the city council shall determine to make any public construction, improvement, or repairs in the laying of pavements, sidewalks, courts, parks, ditches, drains, sewers, or rights of way, or any portions thereof, and defray the whole or any part of the expense thereof by special assessment upon the lands and premises fronting on or benefited by such improvement, the city council shall first pass a resolution of intention so to do, referring to the street by its official name, or the name by which it is commonly known, and briefly describing the work or improvements proposed. Said resolution of intention shall be published twice in some daily, semiweekly, or weekly newspaper published and circulated in the city and designated by said council for that purpose. The city council may include in one proceeding, under one resolution of intention, and in one contract, and of the different kinds of work mentioned in this act, and any number of streets and rights of way or portions thereof, and it may except therefrom any of the said work already done upon a street to be the official grade. The lots and portions of lots fronting upon said excepted work already done shall not be included in the frontage assessment for the class of work from which the exception is made. Within one day after the adoption of the resolution of intention the city clerk shall cause to be posted along the line of the contemplated work or improvement at least three notices headed Notice of Improvement, in letters of not less than one inch in length; the said notices shall state the fact of the passage of the resolution of intention, its date, and briefly describe the work or improvement proposed, and refer to the resolution of intention for further particulars, and record and proof of such posting shall be made a part of the record of the proceedings. At any time within ten days from the date of the second publication of the resolution of intention any owner of or person having any interest in property liable to be assessed for said work or improvement may make written protest against the proposed work or improvement being done. Such protest must be in writing and delivered to the city clerk, who shall immediately mark the date of the filing thereon. |
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At the next regular meeting of the council after the expiration of the time within which any such protest or protests may be made, the city council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive; provided, however, should protests be made by a majority of the property owners along the line of the proposed work or improvement such majority protest or protests shall be deemed to work a recession of the resolution of intention, and the city council will proceed no further in said proceedings. The council may adjourn the hearing from time to time. When no protests have been delivered within the time allowed by the notices above provided, or when a protest or protests filed have been found to be insufficient, overruled, or denied by the city council, immediately thereupon the city council shall be deemed to have acquired jurisdiction to order the proposed work or improvement. Before passing any resolution for the construction of any work or improvement provided for in this act, plans and specifications and careful estimates of the costs and expenses thereof shall be furnished, and the council is authorized to employ a competent engineer for such purposes. Before awarding any contract by the city council for doing any work or improvement authorized by this act the council shall pass a resolution ordering the work or improvement to be made. Notice shall be posted for five days at or near the council chamber door inviting sealed bids for the doing of said work, which notice shall also be published at least twice in some newspaper published and circulated within said city. Such notices shall fix a day for the opening of bids, which shall not be less than ten days from the first publication of the notices calling for bids, and refer to specifications filed with the city clerk. Each bid shall, on or before the day fixed for opening bids, be filed with the city clerk and shall be accompanied by a check payable to the city, certified by a responsible bank, for an amount not less than ten per cent of the aggregate of the bid, as security that the successful bidder will enter into the contract to perform the work, and in the event of his failure or neglect to enter into such contract such check shall be forfeited to the city. The city council may reject any and all proposals or bids, should it deem this for the public good, and may readvertise, at any time within six months from the date of the resolution of intention, for further bids, as in the first instance, without further proceedings, and thereafter proceed in the manner herein provided. Within ten days after notice of the award the bidder whose bid is accepted must enter into a contract, and if he neglects or fails to do so the city council may, in these proceedings, again advertise for bids as in the first instance. |
Powers and duties of city council of Sparks |
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Powers and duties of city council of Sparks |
Every contractor to whom is awarded any contract under the provisions of this act shall, before the execution of the contract, tender to the mayor a good and sufficient bond for his approval, in a sum of not less than one-half of the total amount of the contract, and conditioned for the faithful performance of the contract in strict compliance with the terms binding the contractor, which shall be filed in the office of the city clerk. The contract shall be in writing and shall fix the time for the commencement and completion of the work, which work shall be prosecuted with diligence from day to day to completion, which time of completion shall only be extended with the consent of the city council. The work in all cases must be done under the direction and to the satisfaction of the city council, or to the street superintendent or overseer appointed by the council to see that work and the materials used comply with the specifications for the said work, and all contracts entered into under the provisions of this act must contain a provision that in no case will the city or any officer thereof be liable under the contract, nor for any delinquency of persons or property assessed. Upon the letting of the contract the city council shall cause to be made an assessment to cover the sum of the contract price (including all incidental expenses of these proceedings, including publication and fees of the engineer employed), which assessment shall briefly refer to the contract and the work contracted, and the amount of the contract, together with all incidental expenses, the amount of each assessment, the name of the owner of each lot or portion of a lot fronting on or benefited by the improvement (if known); if unknown, the word unknown shall be written opposite the number of the lot. When the contractor has fulfilled his contract to the satisfaction of the city council, and shall have paid into the city treasury of the city the said incidental expenses of the proceedings, the city clerk shall attach to the said assessment a warrant signed by the mayor and countersigned by the city clerk, with the seal of the city attached. The said warrant shall be substantially in the following form: Form of warrant: By virtue hereof, I, .., the mayor of the city of Sparks, county of Washoe, State of Nevada, by virtue of the authority vested in me, do authorize and empower .. (name of contractor) (his or their) agents or assigns to demand and receive the several assessments against the property therein described, and this shall be his (or their) warrant for the same.
[seal] Mayor of the City of Sparks. . City Clerk of the City of Sparks. Where demand cannot be made personally upon the owner of any of the premises, or his agent, for any cause within the city or where the owner is unknown, the contractor shall publicly demand payment on the premises assessed. |
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city or where the owner is unknown, the contractor shall publicly demand payment on the premises assessed. Whenever payment is made on the assessment against any lot or portion thereof, the contractor shall give the person paying it a written receipt describing the lot and premises, and mark upon the assessment opposite such lot or premises described Paid and the date thereof. Within thirty days after the contractor has received the said assessment, he shall return to the city clerk the said assessment showing each payment of the respective assessments as above provided, which return shall be verified by the contractor or some one in his behalf, and in effect that no payments other than those marked Paid upon the assessment have been made. The city clerk shall record the said return immediately under the following record of assessment, and may receive and receipt for any assessment which shall appear unpaid at any time before suit is brought to recover the same. The said warrant and assessment shall be recorded in the office of the city clerk in a book kept for recording special assessments of the city of Sparks, and also in the office of the recorder of Washoe County, and there shall be no fee for recording same. When so recorded the several amounts assessed shall be a lien upon the lots or portion of lots and premises respectively for a period of one year from the date of recording unless sooner discharged; and from and after the date of said recording all persons shall be deemed to have notice of the contents of the record thereof and of the respective liens against said lots and premises. Immediately after the said recording the city clerk shall deliver to the contractor, his agents or assigns, the original assessment with the warrant attached who shall be authorized to demand and receive the amounts of the several assessments made to cover the sums due for the work specified in such contract and assessment with the said incidental expenses incurred. At any time within one year after the said return has been recorded, the contractor or his assigns may commence suit against the owner of any lot upon which the assessment has not been paid for the collection of such assessment and the foreclosure of the said lien upon said lot and premises, and where the owner or owners of more than one lot are identical a single action may be brought for the recovery of the assessment irrespective of the number of lots assessed. The court having jurisdiction in all actions for the foreclosure of the lien of any assessment provided by this act shall, in addition to other costs, allow a reasonable attorneys fee to the plaintiff in such action. The said assessment and warrant with the affidavit of demand and nonpayment shall be prima facie evidence of all the proceedings of such assessment and like evidence of the right of the plaintiff to recover in the action. |
Powers and duties of city council of Sparks |
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Powers and duties of city council of Sparks |
ceedings of such assessment and like evidence of the right of the plaintiff to recover in the action. It shall be lawful for the owner or owners of lots and premises liable to assessment to perform at his or their expense any improvement proposed, by obtaining permission from the city council at any time before the letting of the contract. Sixth-To organize, regulate, maintain, and disband a fire department; to provide for the extinguishment of fire; to regulate or prohibit the storage of gunpowder or other explosive or combustible or inflammable material within, or transported through, the city, and to prescribe the distance from said city where the same may be stored, held, or kept. Seventh-To determine by ordinance what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same, at the expense of the parties creating, causing, or committing such nuisances, and to provide for the penalty and punishment for the same. Eighth-To provide for safeguarding the health of the city. For this purpose, the council, with the mayor, who shall be president of the board, shall act as a city board of health, and the council may by ordinance prescribe its duties and powers. The council may elect a secretary of the board of health, who shall be the health officer of the city and have full power as such over matters pertaining to health and sanitary matters. The board of health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city, and to have any such products as are unsound, spoiled, unwholesome, or adulterated summarily destroyed. Said board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious, or other diseases into the city; to make quarantine laws and regulations, and the city council shall have power to enforce the same by providing adequate penalties for violation thereof. The council may erect or otherwise acquire a pesthouse, temporarily or permanently, at such distance from the city limits as it shall deem practicable, and the health officer shall have the power to establish temporarily pesthouse or pesthouses in the case of emergency or epidemics. The council may by ordinance prescribe a salary for the health officer, but such salary, when fixed, shall not be changed so as to increase the same oftener than once every two years, except temporarily during the period of an emergency caused by dangerous epidemic or the like. Ninth-To fix, impose, and collect a license tax on, and to regulate all trades, callings, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any and every kind for which an admission fee is charged, or which may be held in any house, place, or inclosure 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, saloons, eating-houses, lunch counters, barrooms, lodging-houses accommodating four or more lodgers; bankers, brokers of every and all kinds, manufacturers, livery stables, express companies, telegraph and telephone companies, street-railway companies, operating in whole or in part within said city. |
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or which may be held in any house, place, or inclosure 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, saloons, eating-houses, lunch counters, barrooms, lodging-houses accommodating four or more lodgers; bankers, brokers of every and all kinds, manufacturers, livery stables, express companies, telegraph and telephone companies, street-railway companies, operating in whole or in part within said city. To fix, impose, and collect a license tax on and regulate auctioneers and stock-brokers. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the locations of or suppress all saloons, barrooms, gambling games, places where intoxicating liquors are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths, and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests and exhibitions. To fix, impose, and collect a license on, regulate, prohibit, or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, faro, and all games of chance; houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of every, any, and all kinds, trades and traders, hotels, butcher shops, slaughter-houses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separated from hardware stores, hardware stores, paint, paper, or oil stores, bicycle repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, and semimonthly newspapers or publications, ice peddlers, insurance companies, fire, life, and accident, and agents or solicitors for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, bootblack stands, all billiard or pool games or other table games, or games played with cue and balls or other mechanical device, bakeries, milliners, |
Powers and duties of city council of Sparks |
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Powers and duties of city council of Sparks |
ners, gunsmith shops, steam renovating works, dressmaking establishments, local railroad, telegraph, and telephone companies, express companies, stage companies, electric-light, water, and power companies, bankers, brokers, job printers, manufacturers of soda waters or other soft drinks, or of beer, malt, spirituous or vinous liquors, or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagon, 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, agents or solicitors for the same, real-estate agents, popcorn, peanut, and fruit stands, music stores, dry-goods stores, furniture stores, drug stores, undertakers, boot and shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by billboards, placards, and the like, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular, all business, trades, and professions including attorneys, doctors, physicians, and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association, or corporation thus licensed and on a pro rata basis; provided further, that no street-railway company shall be required to pay municipal license taxes in excess of the sum of twenty dollars a quarter. The city council shall have power to fix, impose, and collect an annual per capita tax on all dogs and to provide for the destruction of all dogs upon which said tax shall not have been paid; to fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, and all other vehicles used for hire, and to regulate the stand of all hacks, hackney coaches, cabs, omnibuses, 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 or suppress runners for hotels, taverns, or other business. Tenth-To prevent any and restrain any riot or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment for the same. Eleventh-To provide for the formation of a chain-gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and to prevent their escape while being so employed. Twelfth-To provide for conducting all city elections, except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election. |
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Thirteenth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run, within the city limits, and to prescribe the length of time any street may be obstructed by cars standing thereon, and to require railroad companies either to station flagmen or place such sufficient warning signals or signal bells on street crossings as may in the judgment of the council be necessary, and to require street-railway cars to be provided with modern fenders, and to have warning or signal bells runs at all street crossings. Fourteenth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all amounts and claims against the city, and to allow or reject the same, or any part thereof. Fifteenth-To provide for the issuance of all licenses in this charter authorized, and to fix the amounts thereof, and to fix the times for, manner of, and terms upon which the same shall be issued. Sixteenth-To make all appropriations, examine and audit, reject or allow, the accounts of all officers, or other persons having the care or the custody of any city moneys or property, and to determine the fee or salaries of such 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; and provided further, that if any debt is created against the city, contrary to the provisions of this charter by the said council, such debt, claim, or obligation shall be null and void as against the city, or any of its funds, but every councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed therefrom. Seventeenth-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. Eighteenth-To establish, lay out, and to change fire limits, and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings and sheds in such limits; and regulate, prescribe, or prohibit awnings, porches, signs, placards, or billboards over sidewalks or across streets, and to regulate the same throughout the city. Nineteenth-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 last preceding general election; such registration to be held 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 taken later than thirty days preceding any regular city election. |
Powers and duties of city council of Sparks |
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Powers and duties of city council of Sparks |
official register of voters in said city for the last preceding general election; such registration to be held 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 taken later than thirty days preceding any regular city election. Twentieth-To provide and maintain a city prison and to provide for the guarding, safe keeping, care, feeding, and clothing of the city prisoners. Twenty-first-To prevent or regulate the running at large within the city, of any poultry, hogs, sheep, goats, swine, horses, cows, or animals; to establish a pound and to authorize the impounding, sale, or destruction of any animals or fowls found running at large. Twenty-second-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric-light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements of sidewalks. Twenty-third-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require owners or lessees of public buildings or buildings used for public purposes, including hotels, dancing halls, theater buildings, to place in or upon 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 within the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, or debris; to compel the abating of nauseous, stinking, or foul privy vaults. Twenty-fourth-To regulate the entrance to and exit from theaters, lecture-rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in, or crowding or otherwise obstructing the aisles, entrances, or exits of such places. Twenty-fifth-To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, ditches, signal bells, warning signs, and other electric, telegraph, and mechanical appliances, in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire-alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks, or alleys. |
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Twenty-sixth-To require every railroad and street-railway company to keep the streets in repair between the tracks and along and within the distance of at least two feet upon each side of the tracks. Twenty-seventh-To require upon such notice as the council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the council, in like manner, may require or cause any lots or portion of lots covered by stagnant water for any period to be filled up to such level as will prevent the same from being so covered, and may assess the cost of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for. Twenty-eighth-To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for 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. Twenty-ninth-To restrain and punish vagrants, drunkards, disorderly persons, common prostitutes, mendicants, street beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms in the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to posts or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise, in the city. Thirtieth-To regulate the sale and use of water, gas, electric, and other lights in the city; to fix and determine the price thereof, as well as the rental price of all water, and gas, and electric-light meters in the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect. |
Powers and duties of city council of Sparks |
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Powers and duties of city council of Sparks |
of telephones, and to fix and determine the charges for telephones, telephone service, and connections within the city; provided, that nothing herein contained shall be held to supersede any state law upon this subject, so long as any such state law may be in effect. Thirty-first-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-second-To adopt and enforce, by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary to fully carry out the intent, purposes, and object thereof. Thirty-third-To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person, from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance. Thirty-fourth-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment. Thirty-fifth-To require of and prescribe the amount and conditions of official bonds from the members of the council and all officers of the city, whether elective or appointive. Thirty-sixth-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay, as assessed by the council, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building any sidewalk or other improvement which benefits such property or owner thereof. Thirty-seventh-To hold, manage, use, and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues and demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of. |
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or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five per cent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of. Thirty-eighth-Any property, real or personal, necessary or required for the public use of the city may be condemned and appropriated in the manner now prescribed by law and all rights of eminent domain may be exercised by the city in relation thereto. Thirty-ninth-Nothing herein contained shall be construed as authorizing or permitting the opening or extension of any street across or upon the lands within the boundaries of said city of Sparks occupied for railroad purposes by the Central Pacific railway company, or the Southern Pacific company, their successors or assigns, said lands being particularly described as follows, to wit: Commencing at a point which is the section-corner common to sections Nos. 4, 5, 8, and 9, township 19 north, range 20 east, Mount Diablo base and meridian, and running thence westerly along the north boundary line of said section No. 8, a distance of two hundred and forty-three (243) feet, more or less, to the northeastern corner of the townsite of Sparks, as shown on the townsite map recorded in the office of the county recorder of Washoe County on April 25, 1904, at request of the Southern Pacific company; running thence from said corner southerly at right angles along the eastern boundary line of said townsite of Sparks a distance of four hundred and twenty (420) feet to the southeast corner of said townsite of Sparks; thence at right angles westerly along the south boundary line of the said townsite of Sparks parallel with and distant four hundred and twenty (420) feet from the north boundary line of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along said west boundary of the northeast quarter of said section 8, a distance of three hundred and forty-five (345) feet, more or less, to a point distant sixty-five feet at right angles northerly from the center line of the reconstructed line of the Central Pacific railway as located and constructed; thence westerly to the right with an angle of 82 degrees and 24 minutes and parallel with and distant sixty-five feet at right angles northerly from said center line, a distance of one thousand and twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No. 66 plus 80, |
Tract for railroad purposes exempt from opening for streets, etc. |
κ1915 Statutes of Nevada, Page 416 (CHAPTER 270)κ
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Tract for railroad purposes exempt from opening for streets, etc. |
66 plus 80, a distance of three hundred and five (305) feet to a point; thence at right angles easterly two hundred (200) feet to a point; thence at right angles southerly one hundred and sixty (160) feet to a point which is distant four hundred (400) feet at right angles southerly from the center line of the said reconstructed Central Pacific railway; thence at right angles easterly parallel with and distant four hundred (400) feet at right angles southerly from said center line, a distance of eight hundred and eighty-eight (888) feet, more or less, to a point in the said west boundary of the southeast quarter of said section 8; thence southerly along said quarter-section line a distance of eighty-five (85) feet, more or less, to the southwest corner of the north one-half of the northeast quarter of said section 8; thence east along the south boundary of the said north one-half of the northeast quarter of section 8 and the south boundary of the north half of the northwest quarter of section 9 of said township and range, a distance of three thousand four hundred and sixty-five (3,465) feet, more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific railroad; thence southeasterly parallel with said center line and distant at right angles fifty (50) feet therefrom, a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point on the east boundary line of northwest quarter of said section 9; thence north along said quarter-section line and crossing the said center line at engineer survey station No. 130 plus 33.15, a distance of one thousand and sixty-two (1,062) feet, more or less, to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence northerly and parallel with the east line of said northwest quarter of section 9, four hundred and ninety-five (495) feet to a point in the north line of said section 9, township 19 north, range 20 east, M. D. M.; thence west along said north line of said section 9, a distance of twenty-three hundred and eleven (2,311) feet to the point of beginning, said parcel of land being all in said sections 8 and 9, township 19 north, range 20 east, Mount Diablo base and meridian. |
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κ1915 Statutes of Nevada, Page 417κ
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Chap. 271An Act defining and classifying transient live stock and providing for the assessment, collection, and distribution of taxes on the same, providing penalties for violation of its provisions, and repealing all acts and parts of acts in conflict herewith.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Transient Live Stock-How Determined. Section 1. For the purpose of taxation, as hereinafter provided, transient stock shall be deemed to be: 1. All stock brought into the state by any person or persons, other than bona fide residents thereof, for the purpose of being grazed or fed; and 2. All stock owned by residents of the state and driven or removed from one county to another for the purpose of being grazed or fed. Certificate Required To Be Filed Upon Bringing of Live Stock into Any County. Sec. 2. It shall be the duty of every person or persons within ten days after bringing transient live stock into any county of the state for the purpose of being grazed or fed for any length of time, to set out in a certificate signed by such person or persons, or their agents, the number of live stock with the marks and brands on the same, and immediately file said certificate with the county clerk of the county in which said live stock shall be first brought, which certificate shall be substantially in the following form:
State of Nevada, County of , ss. I, ., of , hereby certify that on the day of ., 19 .., I brought into the county of , from the State of , .. head of , branded on the .., and marked as follows: . Dated this .. day of ., 19 Signed by .
Duty of County Clerk Upon Receiving Certificate. Sec. 3. It shall be the duty of the county clerk, upon said certificate being filed, to keep an index of the same in his office, and if the assessment rolls are in his possession or in the possession of the county treasurer, he shall, as clerk of the county, enter an abstract of such certificate upon the assessment roll for the current year; otherwise he shall deliver to the county assessor a certified copy of such certificate, and the county assessor shall enter an abstract of such certificate upon the assessment roll for the year.
Bond or Cash Deposit Required. Sec. 4. Every person or persons, bringing transient live stock into any county of the state, for the purpose of being grazed or fed for any length of time, shall be required by the assessor of the county where certificate is filed, as provided in the two preceding sections, to also file a good and sufficient bond (which bond must be approved by the assessor) in double the sum the taxes would amount to on such live stock figured at the rate and average valuation within the county effective during the last preceding regular taxing year; provided, such person or persons may deposit with the assessor, taking his receipt therefor, cash in like amount in lieu of bond herein provided for. |
Transient live stock defined
Certificate required to be filed upon bringing of live stock into any county
Form of certificate
Duty of county clerk upon receiving certificate |
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Bond or cash deposit required |
stock into any county of the state, for the purpose of being grazed or fed for any length of time, shall be required by the assessor of the county where certificate is filed, as provided in the two preceding sections, to also file a good and sufficient bond (which bond must be approved by the assessor) in double the sum the taxes would amount to on such live stock figured at the rate and average valuation within the county effective during the last preceding regular taxing year; provided, such person or persons may deposit with the assessor, taking his receipt therefor, cash in like amount in lieu of bond herein provided for. Such bond or cash shall immediately be deposited by the assessor with the county treasurer, who shall give his receipt therefor. If a bond be given, such bond shall remain in full force and effect for a period of eighteen months from date thereof as a guarantee that the provisions of sections 5 and 6 of this act shall be fully complied with; thereafter such bond shall automatically become null and void without action or surrender, unless a suit at law has been instituted to enforce the provisions of said sections 5 and 6 of this act; in which event such bond shall remain in full force and effect until a final adjudication of the suit at law by a court of competent jurisdiction, and the issue of an order from said court. Said order may be for the release of the bond or the holding it liable for taxes and costs in full or in part. If a cash deposit be made, such cash shall be retained intact by the county treasurer in a separate fund, and unapportioned until such time as the taxes for that current year shall become due, when the treasurer shall apply such portion of the cash deposit to the payment thereof as may be required, and retain the balance intact in a separate fund and unapportioned for a period of eighteen months from the date upon which original deposit was made as a guarantee that the provisions of sections 5 and 6 of this act shall be fully complied with. At the expiration of such period of eighteen months, in the event no suit at law has been instituted to enforce the provisions of sections 5 and 6 of this act, the amount remaining in the cash deposit fund shall be returned by the treasurer on the personal demand of the person or persons originally making the deposit. If suit at law has been instituted to enforce the provisions of said sections 5 and 6 of this act, the amount remaining in the cash deposit unapportioned shall be retained by the treasurer until the final adjudication of the suit at law by a court of competent jurisdiction and the issue of an order of said court. Said order may be for the release in whole or in part of the amount remaining in the cash deposit unapportioned, or the holding it liable for taxes and costs in full or in part.
Liability When Removed to Another County. Sec. 5. The person or persons bringing transient live stock into any county of this state to which this act is applicable shall pay the taxes for the full calendar year on such live stock in the county where certificate is filed in accordance with section 2 of this act; provided, if after the filing of such certificate all or any part of the live stock covered thereby is removed to another county or other counties for any of the remaining portion of the calendar year, where the tax rate or tax rates are higher than in the county where certificate is filed, then, in such event, the bond or excess cash deposit required by the preceding section shall become liable for the amount of extra tax which would accrue by reason of such higher rate or rates, computed on the length of time the live stock shall have remained in such county or counties; provided, such extra tax shall become due and payable between the first and fifteenth day of January of the next succeeding calendar year; provided further, that if live stock coming under the provisions of this act is removed to any county or counties where the tax rates are lower than the rates in the county where original certificate is filed, then, in that event, no refund shall be allowed by reason of such lower rates. |
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shall pay the taxes for the full calendar year on such live stock in the county where certificate is filed in accordance with section 2 of this act; provided, if after the filing of such certificate all or any part of the live stock covered thereby is removed to another county or other counties for any of the remaining portion of the calendar year, where the tax rate or tax rates are higher than in the county where certificate is filed, then, in such event, the bond or excess cash deposit required by the preceding section shall become liable for the amount of extra tax which would accrue by reason of such higher rate or rates, computed on the length of time the live stock shall have remained in such county or counties; provided, such extra tax shall become due and payable between the first and fifteenth day of January of the next succeeding calendar year; provided further, that if live stock coming under the provisions of this act is removed to any county or counties where the tax rates are lower than the rates in the county where original certificate is filed, then, in that event, no refund shall be allowed by reason of such lower rates.
Idem-Procedure. Sec. 6. In the event of removal from the county where original certificate is filed to a county or counties where higher tax rates obtain in accordance with the provisions of the preceding section, it shall be the duty of the assessor or assessors of such county or counties to make demand upon the person or persons owning or having charge of such live stock, between the first and fifteenth day of January of the next succeeding calendar year, for the amount of such extra tax, if such person or persons are then known and reasonably accessible. Immediate payment of such extra tax shall release the bond filed or cash deposit made, in accordance with the provisions of section 4 of this act, to the amount of such payment; provided, that if for any reason the assessor is unable to collect such extra tax between the first and fifteenth day of January, or if the person or persons owning or having in charge such live stock are not reasonably accessible, he shall immediately after the fifteenth day of January certify all the facts in detail to the district attorney. The district attorney shall within ten days thereafter institute legal proceedings against the person or persons owning or having in charge such live stock on whose behalf bond was filed or deposit made, as provided in section 4 of this act, making a party thereto the treasurer of the county where bond was filed or deposit made, and the bondsmen (if any.) For the purpose of any such proceeding the treasurer of the county where bond was filed or deposit made shall be considered the agent of the owner, and service upon such treasurer shall be equivalent to service upon the owner. Such bond or deposit shall be liable for the proper amount of extra tax and all costs of action, and no part thereof shall be released without an order of court. |
Liability when removed to another county
Procedure when removal is made |
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Not to apply to certain residents
County assessor to furnish owner with certificate
Form of certificate
Certificate and statement to be filed
Assessor to make full assessment
Applies to all live stock |
Not to Apply to Certain Residents. Sec. 7. The provisions of this act relating to the filing of a bond or making of a cash deposit shall not apply to owners of sufficient real estate within the State of Nevada to insure the payment of said taxes.
County Assessor to Furnish Owner With Certificate-Form of Certificate. Sec. 8. It shall be the duty of the county assessor in each county, at the time of assessing any transient stock, to furnish the owner of said transient stock or his agent with a certificate and such copies thereof as the owner or his agent may require, showing the time, place, number, and description of the animals assessed; provided, residents and other persons not owning sufficient real estate within the state to secure the payment of said taxes shall have complied with all of the necessary provisions of this act before they shall be entitled to such certificate. Such certificate shall be substantially in the following form:
State of Nevada, County of ., ss. I, , do hereby certify that I am the assessor of County, State of Nevada; that I have this day assessed for the year 19 , .head of ..branded on the ., and marked as follows: ., the property of .., a resident of .County, State of Dated this . day of .., 19 .. By ., Deputy. , Assessor.
Certificate and Statement To Be Filed. Sec. 9. Whenever the owner of any transient live stock or his agent shall drive or remove such live stock into another county for grazing or feeding purposes, such owner or his agent shall file with the county clerk of such county a copy of the certificate set forth in the preceding section, together with a statement from said owner or his agent showing the date when they will probably leave. Such certificate and statement must be filed in each county into which such live stock are driven or removed.
Assessor to Make Full Assessment. Sec. 10. If the assessment in the county where first made is not in full, then the assessor of such other county in which such transient stock may be ranging is authorized to assess such stock to the number omitted in the previous assessment, and such taxes on the number so assessed shall be paid in the county where such last assessment is made.
Applies to All Live Stock. Sec. 11. The provisions of this act shall apply in cases of all transient live stock running at large or otherwise, whether in charge if a herder or not, and the taxes thereon may be collected at any time during the calendar year; and the fact that such live stock may have been assessed, and the taxes thereon for the same year paid in some other state or territory, shall not exempt it from assessment and taxation in this state; provided, that nothing herein contained shall be so construed as to prevent the free passage of such live stock through this state for commercial purposes, or to deny to the citizens of each state all the privileges and immunities of citizens of the several states. |
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the same year paid in some other state or territory, shall not exempt it from assessment and taxation in this state; provided, that nothing herein contained shall be so construed as to prevent the free passage of such live stock through this state for commercial purposes, or to deny to the citizens of each state all the privileges and immunities of citizens of the several states.
Tax To Be Equalized, When. Sec. 12. When the property described in this act shall have been assessed as herein provided and the taxes thereon collected as prescribed herein, upon complaint in writing by the owner, his agent, or any person aggrieved (which complaint shall be made within ten days after the collection of said taxes, and shall be filed with any state board or commission authorized by law to equalize assessment values, or with the board of county commissioners, if there be no such state board or commission), that the assessment was too high or too low, it shall be the duty of such state board or commission or board of county commissioners at its next regular session after the filing of such complaint to equalize the same, and the proceedings shall be the same as in other cases of equalization.
County Commissioners to Commence Suit, When-Defendant in the Action. Sec. 13. It shall be the duty of the county commissioners of the county in which such live stock shall be herded or grazed without having first complied with the provisions of this act, upon receiving satisfactory information of such fact, to institute civil action in the name of the county against the person so herding or grazing such live stock, or his agent, for the proper amount of taxes due and all costs of action; and the institution or determination of such suit shall not in any wise act as a bar to the enforcement of any other penalties or forfeitures herein provided for.
Penalty for Moving Stock with Intent to Move Out of State-Misdemeanor. Sec. 14. If any person having the care or custody of such live stock shall, pending an action instituted as provided in the last section, drive or move said live stock out of the county with intent to move the same out of the state, or with the intent to evade the payment of the forfeiture hereinbefore named, upon affidavit to that effect being made and filed in an action being brought to recover said forfeiture or tax herein provided, writs of attachment may issue as in civil actions, and the proceedings therein shall be as in other cases, except that no undertaking on attachment shall be required; provided, the district attorney or other interested party may make such affidavit on information and belief. In addition to the foregoing, any person so driving or moving such live stock shall be guilty of a misdemeanor and be punished by a fine of not less than ten nor more than three hundred dollars, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment, for each and every offense. |
Tax to be equalized, when
County commissioners to commence suit, when; defendant in the action
Penalty for moving stock with intent to move out of state-misdemeanor |
κ1915 Statutes of Nevada, Page 422 (CHAPTER 271)κ
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Failure to file certificate a misdemeanor
Further punishment for violation of this act-duties of assessors
Punishment for failure of officers to perform
Construction of the word person used in this act |
the county jail for not exceeding six months, or by both such fine and imprisonment, for each and every offense.
Failure to File Certificate a Misdemeanor. Sec. 15. Any person named in section 2 of this act, or his agent, who shall bring any live stock into any county of this state for grazing or feeding purposes, and shall herd or feed or graze the same in any county of the state without filing said certificate as required herein, and without paying the amount of money or giving the bond as hereinbefore provided, shall be guilty of a misdemeanor and be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and shall further forfeit and pay the sum of forty cents for each and every head of cattle thereof, and fifteen cents for each and every head of sheep, for the use of said county, which said forfeit shall be collected by a civil action in the name of the county in which said live stock are, or were, so herded, grazed or fed.
Further Punishment for Violation of This Act-Duties of Assessors. Sec. 16. Any person or his agent bringing live stock from one county in this state into another county for grazing purposes without filing the statement and certificate as provided in section 9 of this act, within ten days after he has crossed the county line, shall be guilty of a misdemeanor and be punished by a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment in the county jail not to exceed six months; and in addition thereto said live stock shall not be exempt from taxation in the county from which they are taken. Any assessor of any county may, when he finds live stock belonging outside his county ranging within his county lines, enumerate such stock and render to the county clerk of the county where the stock belong, or the county where they were first certified to as herein required, a certificate setting forth the time that such stock entered and the time such stock left his county. A certificate so rendered shall be of the same force and effect as though made by an agent of the owner of the stock.
Punishment for Failure of Officers to Perform Duties. Sec. 17. Any county officer or member of the board of county commissioners or board of equalization, who shall fail to perform the duties prescribed in this act, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars.
Construction of the Word Person Used in This Act. Sec. 18. Within the meaning of this act the word person shall be construed to mean and include corporations, whether domestic or foreign, joint-stock companies, firms, or other associations associated together and doing business.
Repealing Section. Sec. 19. An act entitled An act to provide revenue for the support of the government of the State of Nevada, approved March 13, 1895; an act entitled An act defining and classifying transient stock and providing for the assessment, collection, and distribution of taxes on the same, and providing penalties for violation of its provisions, approved March 9, 1903; and all other acts and parts of acts in conflict herewith, are hereby repealed. |
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March 13, 1895; an act entitled An act defining and classifying transient stock and providing for the assessment, collection, and distribution of taxes on the same, and providing penalties for violation of its provisions, approved March 9, 1903; and all other acts and parts of acts in conflict herewith, are hereby repealed. |
Certain acts repealed |
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Chap. 272An Act to amend section 163 of an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, the same being section 6428 of the Revised Laws of Nevada.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 163 of an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, is hereby amended so as to read as follows: Section 163. A libel is a malicious defamation, expressed by printing, writing, signs, pictures, or the like, tending to blacken the memory of the dead, or to impeach the honesty, integrity, virtue, or reputation, or to publish the natural defects, of a living person or persons, or community of persons, or association of persons, and thereby to expose them to public hatred, contempt, or ridicule. Every person, whether the writer or the publisher, convicted of the offense, shall be fined in a sum not exceeding five thousand dollars, or imprisonment in the county jail not exceeding one year, or in the state prison not exceeding five years. In all prosecutions for libel the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published for good motive and for justifiable ends, the party shall be acquitted, and the jury shall have the right to determine the law and the fact. |
Libel defined
Penalty
Jury to determine intent |
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κ1915 Statutes of Nevada, Page 424κ
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For prevention of disease in poultry, bees, agricultural and similar commodities
Certain sections repealed |
Chap. 273An Act to amend an act entitled An act providing for the better prevention, control, and extermination of infectious, contagious and destructive diseases, parasites, and insect pests, affecting animals, poultry, bees, or agricultural or horticultural plants, trees or shrubs, injurious to any industry in the state, and other matters relating thereto; and to repeal an act entitled An act providing for the appointment of a state veterinarian, defining his duties and fixing his compensation-governor to appoint, approved March 15, 1905, and all acts and parts of acts in conflict with the provisions of this act, approved March 31, 1913.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1 of the above-entitled act is hereby amended to read as follows: Section 1. For the better prevention, control, and extermination of infectious, contagious, or destructive diseases, parasites or insect pests, affecting poultry, bees, or agricultural or horticultural plants, trees, or shrubs, injurious to any industry in the state, the governor, with the advice of the state quarantine officer, or otherwise, is hereby empowered to proclaim and enforce quarantine against any state or any portion of any state, with respect to the importation into Nevada, or against any county or any portion of any county, farm, nursery, or apiary within the state, with respect to the exportation therefrom to any other part of the state, of any poultry, bees, or agricultural or horticultural crops, products, seeds, plants, trees or shrubs, or any article (hereinafter for convenience referred to as commodity) infected with, or which may have been exposed to, infectious, contagious, or destructive diseases, or infected with parasites or insect pests, or the eggs or larva thereof, dangerous to any industry in the state; and to formulate and enforce such rules and regulations as may be necessary for the proper carrying out of the provisions of this act. The word plants, as herein used, shall be construed to mean and include any and all farm, field, and garden crops grown in the state. The word trees, as herein used, shall be construed to mean and include any and all fruit, shade, and ornamental trees. The word shrubs, as herein used, shall be construed to mean and include all fruit-producing, ornamental, or useful shrubs and bushes. Sec. 2. Sections 2, 3, and 4 of the above-entitled act are hereby repealed. Sec. 3. Section 5 of the above-entitled act is hereby amended to read as follows: Section 5. It is hereby made the duty of each and every person in the state owning, possessing, or having upon his premises, or any premises under his control, lease, supervision, or management, any poultry, bees, or agricultural or horticultural plants, trees, or shrubs, as heretofore defined, immediately upon the appearance thereamong of any unknown disease, or disease known to be, or which by him reasonably should be suspected of being, infectious, contagious, or destructive; or of any parasite or insect pest, known to be, or which by him reasonably should be suspected of being, injurious to any industry in the state, immediately to notify the state quarantine officer, and the neglect or failure so to do shall constitute a misdemeanor, and on conviction thereof the person so offending shall be fined in any sum not exceeding one hundred dollars. |
κ1915 Statutes of Nevada, Page 425 (CHAPTER 273)κ
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or management, any poultry, bees, or agricultural or horticultural plants, trees, or shrubs, as heretofore defined, immediately upon the appearance thereamong of any unknown disease, or disease known to be, or which by him reasonably should be suspected of being, infectious, contagious, or destructive; or of any parasite or insect pest, known to be, or which by him reasonably should be suspected of being, injurious to any industry in the state, immediately to notify the state quarantine officer, and the neglect or failure so to do shall constitute a misdemeanor, and on conviction thereof the person so offending shall be fined in any sum not exceeding one hundred dollars. Sec. 4. Section 6 of the above-entitled act is hereby amended to read as follows: Section 6. It shall be the duty of the state quarantine officer to prepare, or cause to be prepared and printed, such circulars describing and illustrating the appearance and characteristics of such contagious, infectious, or destructive diseases, parasites, or insect pests as in his judgment is necessary and desirable. Sec. 5. Section 8 of the above-entitled act is hereby amended to read as follows: Section 8. If the quarantine of any county or portion of any county, farm, nursery, or apiary is required, said state quarantine officer shall immediately issue an emergency quarantine order, which shall be effective for forty-eight (48) hours, at the end of which time it shall be void, unless confirmed by the governor. The state quarantine officer, or any agent appointed by him for such purpose, shall have authority to enter upon any premises for the purpose of inspection, with respect to the existence or suspected existence of any such disease, parasite, or insect pest, or the germs, eggs, or larvae thereof, and to make such inspection as thorough as may be deemed proper without let or hindrance from the owner or person in possession or in charge thereof. Sec. 6. Section 9 of the above-entitled act is hereby amended to read as follows: Section 9. When such disease, parasite, or insect pest, or the eggs or larvae thereof, is discovered upon any premises, the state quarantine officer is hereby empowered to employ any and all means in his judgment necessary for the control, extermination, and prevention of the spread of the same. He may give explicit directions to the owner, or person in charge thereof, relating to what procedure he shall take with respect to the treatment, control, and extermination thereof and prevention of the spread of the same, and such instructions shall be mandatory upon such person, and he shall perform the same within a certain time to be specified, and the failure or refusal of any such person so to do shall constitute a misdemeanor, and on conviction thereof the person so offending shall be fined in any sum not exceeding five hundred dollars. |
State quarantine officer to be notified of suspicious diseases
Quarantine officer to issue bulletin
Quarantine to be established, procedure
Quarantine officers to have full power |
κ1915 Statutes of Nevada, Page 426 (CHAPTER 273)κ
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Penalties
Further duties of quarantine officer
Notice to be published
Costs to be borne by owners |
On such failure or refusal, or with the consent of the owner or person in possession or charge thereof, or in case of emergency, or on his own initiation, he, or any agent authorized by him so to do, may enter upon such premises and take charge thereof, and conduct such treatment, control, extermination, or prevention from spreading of any such disease, parasite, or insect pest, and all costs thereof shall be borne by the owner of such premises or property. On the neglect or refusal of such owner promptly to pay the same, on presentation of an itemized bill therefor, certified to by said state quarantine officer, said cost shall attach as a lien against any property of such owner within the state, and the district attorney of the county shall forthwith proceed to levy an attachment against such property for the amount due, plus the cost of legal procedure, and collect the same by foreclosure proceedings. Sec. 7. Section 10 of the above-entitled act is hereby amended to read as follows: Section 10. Whenever in the opinion of the state quarantine officer, any general or special measures of precaution are necessary to be taken to prevent the introduction or spread of any such disease, parasite, or insect pest, beyond any premises where the same may have appeared, said state quarantine officer shall prepare explicit directions as to such measure, and notify all parties, directed to comply therewith, by letter, circular, or by publication. Where notice by publication in any county is deemed necessary by said state quarantine officer, he shall forward a copy of such notice to the chairman of the board of county commissioners of such county requesting that the same be published in one or more newspapers published in such county once a week for four consecutive weeks; and it shall be the duty of the board of county commissioners to cause the same forthwith to be so published, and the cost of such publication shall be paid by the county in the usual manner as other county advertising. And such notice, to all parties addressed, shall be mandatory for the performance of, and compliance with, such measures of precaution, according to such directions and within the time limits, if any, therein specified. It shall be the duty of the state quarantine officer to see that all persons comply therewith, and on the neglect or refusal of any so to do, promptly to notify the district attorney, with the names of the persons so neglecting or refusing. Said district attorney shall call the same to the attention of the board of county commissioners at its next succeeding meeting, and it shall be the duty of said board, and it is hereby fully authorized and empowered, to take such suitable action as in its opinion is necessary and proper to enforce the performance of, or compliance with, such measures of precaution with respect to the property or premises of each of said parties so neglecting or refusing. And in pursuance whereof said board may direct the sheriff of the county to carry out and enforce its order, and the costs thereof shall be borne by the owner of such property or premises; and on the refusal of such owner promptly to pay the same on presentation of an itemized bill, certified to by the sheriff, said costs shall attach as a lien against any property of said owner within the state, and the district attorney of said county shall forthwith institute proceedings to foreclose such lien, together with the costs of legal procedure. |
κ1915 Statutes of Nevada, Page 427 (CHAPTER 273)κ
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refusal of such owner promptly to pay the same on presentation of an itemized bill, certified to by the sheriff, said costs shall attach as a lien against any property of said owner within the state, and the district attorney of said county shall forthwith institute proceedings to foreclose such lien, together with the costs of legal procedure. |
Costs a lien, when |
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Chap. 274An Act empowering the superintendent of public instruction, regents of the state university, and school trustees to dismiss certain employees and forbidding them to engage or employ in the educational department in a professional manner any person other than a citizen of the United States, and prohibiting the state controller and county auditors from issuing any warrants to any person other than a citizen of the United States, and providing a penalty therefor.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. From and after the passage of this act, the superintendent of public instruction, regents of the state university, and school trustees are hereby empowered and required to dismiss any teacher, instructor, instructress, professor, or president employed in the educational department of this state who is not a citizen of the United States; or who has not declared his or her intentions to become a citizen. Sec. 2. It shall be unlawful for the superintendent of public instruction, regents of the state university, or school trustees to engage or hire any president, superintendent, teacher, instructor, instructress, or professor in any of the educational departments of this state who is not a citizen of the United States. Sec. 3. It shall be unlawful for the state controller or county auditors to issue any warrants to any teacher, instructor, instructress, professor, superintendent, or president in any of the educational departments of this state who is not a citizen of the United States, or who has not complied with the provisions of section one of this act. Sec. 4. Any person who violates section three of this act, and upon conviction in any court of competent jurisdiction, his or her bondsmen shall be held in the penal sum of one thousand dollars for the first offense, and for each and every subsequent offense they shall be held in the penal sum of twenty-five hundred dollars, to be paid into the treasury of the State of Nevada, or county treasury, as the case may be. Sec. 5. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
All teachers and school officers must be U.S. citizens or have declared intentions to become such Educational officers not to employ noncitizens
Disbursing officers not to pay salaries
Penalty
Repeal |
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κ1915 Statutes of Nevada, Page 428κ
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Lincoln highway commission created
Course of Lincoln highway in Nevada
Appropriation for said highway, $50,000, contingent upon $250,000 appropriation by Lincoln highway association Sign-boards shall be maintained
Work to be done under contract
Governor to appoint commission |
Chap. 275An Act creating a Lincoln highway commission, and to provide for the construction and repair of the public highway known as the Lincoln highway in the counties of White Pine, Eureka, Lander, Churchill, Washoe, and Ormsby, in the State of Nevada, and other matters relating thereto, and making an appropriation therefor.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby created a Lincoln highway commission. The construction and repairing of the highway known as the Lincoln highway, and the course of said highway shall be as follows: Starting at a point approximately east of Ely, on the dividing line of the State of Nevada and the State of Utah, where the said highway enters the State of Nevada, thence to the town of Ely, White Pine County, thence in a westerly direction to the town of Eureka in Eureka County, thence in a westerly direction to the town of Austin in Lander County, thence in a westerly direction to the town of Fallon in Churchill County, thence in a westerly direction to the city of Reno in Washoe County, where said road divides, then on one branch in a southerly direction to Carson City in Ormsby County, thence in a westerly direction by way of Kings canyon to Lake Tahoe, and thence on to line dividing the State of Nevada and the State of California; the other branch commencing at Reno and running in a westerly direction through Verdi to the state line. Sec. 2. There is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of $50,000 for the construction and repair work of said Lincoln highway within the counties aforesaid. Said amount of $50,000 to be expended in the event that the Lincoln highway association expend the sum of $250,000, or more, within the State of Nevada, in construction and repair work upon said highway. Sec. 3. At each and every crossroad and branch road a sign-board shall be erected, upon which shall be painted the words Lincoln Highway, and the number of miles to the principal town or city each way from the sign-board. Sec. 4. The construction and repair work done under the provisions of this act shall be done by contracts let to the lowest responsible bidder, after notices have been given for a period of not less than ten days by ten notices posted in the immediate vicinity of the said Lincoln highway, describing the work to be done, the time and place the bids shall be received and acted upon. Sec. 5. The governor of the State of Nevada, immediately after the passage of this act, shall appoint a Lincoln highway commission, the said commission to consist of six members, one from White Pine County, one from Eureka County, one from Lander County, one from Churchill County, one from Washoe County, and one from Ormsby County; said commission so appointed shall have full control over the construction and repair of the Lincoln highway within the limits of the said counties. |
κ1915 Statutes of Nevada, Page 429 (CHAPTER 275)κ
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one from White Pine County, one from Eureka County, one from Lander County, one from Churchill County, one from Washoe County, and one from Ormsby County; said commission so appointed shall have full control over the construction and repair of the Lincoln highway within the limits of the said counties. Each member of said commission shall receive the sum of $4 per day for each day actually devoted to the performance of his official duties; but when using a team or automobile in the performance of such duties the sum of $8, which compensation shall be paid by the county from which said commissioner was appointed upon his filing a claim therefor with the county commissioners of said county and their allowance thereof. The county auditor of such county is hereby authorized and directed, on receiving such allowed claim to draw his warrant therefor on the treasurer of this county payable out of the general fund of such county and such treasurer is hereby authorized and directed to pay the same. Sec. 6. The state controller is hereby authorized and directed to draw warrants from time to time upon certified statements duly approved by said Lincoln highway commission, and further approved by the state board of examiners, and the state treasurer is hereby authorized and directed to pay such warrants. |
Compensation
Duties of controller and treasurer |
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Chap. 276An Act fixing the compensation of the county clerk and ex officio clerk of the Fifth judicial district court of Nevada, in and for Nye County, and matters pertaining to the collection and disposition of fees arising from such office, and regulating the conduct thereof, and to repeal all acts or parts of acts in conflict therewith.
[Approved March 26, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. The county clerk shall receive a salary of three thousand dollars per annum for all his services in said office, and shall be allowed a deputy, to be named by him, at a compensation of eighteen hundred dollars per annum, and shall collect in advance, and monthly turn over to the county treasurer of the county, fees and compensation received by him in said office. Sec. 2. The county clerk of Nye County, State of Nevada, shall be allowed to charge and collect the following fees: On the commencement of any action or special proceeding in the district court, including proceedings to contest any will or codicil, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal: |
Salary of clerk of Nye County
All fees to county treasury
Fees of county clerk of Nye |
κ1915 Statutes of Nevada, Page 430 (CHAPTER 276)κ
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Fees of county clerk of Nye
Court fee additional |
First-Where the amount sued for or value of property sought to be recovered, as specified in the complaint, does not exceed $1,000, $3. Second-Where the amount sued for or value of property sought to be recovered, as specified in the complaint, amounts to more than $1,000, but not exceeding $5,000, $6. Third-Where the amount sued for or value of property sought to be recovered, as specified in the complaint, amounts to more than $5,000, but not exceeding $15,000, $10. Fourth-Where the amount sued for or value of property sought to be recovered, as specified in the complaint, amounts to more than $15,000, but not exceeding $25,000, $15. Fifth-Where the amount sued for or value of property sought to be recovered, as specified in the complaint, amounts to more than $25,000, but not exceeding $50,000, $20. Sixth-Where the amount sued for or value of property sought to be recovered, as specified in the complaint, amounts to more than $50,000, $25. Provided, that this section shall not be deemed to include probate proceedings; and provided further, that actions for divorce, to quiet title, and in all cases where the value of the property or the relief sought to be recovered is not specified in the complaint in dollars and cents, all of such actions, suits, and proceedings shall be deemed to belong to the class mentioned in subdivision 2 of this section. The fees in this section specified shall not be deemed to include court fees, as now provided for by law. On the filing of a petition for letters testamentary, or administration, or guardianship, five dollars, to be paid by the petitioner, said fee to be in addition to the court fee now provided for by law; provided, that at the time of the filing the inventory and appraisement in any such proceeding there shall be an additional deposit of one dollar for each additional one thousand dollars of the appraised value in excess of one thousand dollars. On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, one-third of the amount imposed by this section upon plaintiff in the same case; for every additional defendant, appearing separately, one-fifth of the amount imposed by this section upon plaintiff in the same case. The foregoing fees shall be in full for all services rendered by such clerk in the case, to, but not including, entry of judgment. On the entry of judgment, to be paid by the party obtaining same, two dollars and fifty cents; On the filing of any notice of motion to move for a new trial or any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services rendered in connection with said motion, two dollars; |
κ1915 Statutes of Nevada, Page 431 (CHAPTER 276)κ
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pay to the clerk, in full for all services rendered in connection with said motion, two dollars; For issuing an execution or order of sale, in any action, one dollar and fifty cents; In all proceedings begun, or for acts performed, previous to this act becoming a law, such fees and charges as were provided by law at the time such action or proceeding was begun, or acts performed. The clerk shall also be entitled to charge and collect the following fees and compensation not above provided for: For any copy of any record, proceeding, or paper on file in the office of the clerk, or record, proceeding, or paper on file relating to any civil action or other proceeding theretofore tried or pending in said court, when such copy is made by him, per folio, twenty cents; For each certificate of the clerk under the seal of the court, fifty cents; No fee shall be allowed to, or charged by, the clerk for any services rendered in any criminal case. For services rendered by the clerk not in connection with civil action or proceedings in the court, he shall be entitled to charge and collect the following fees: For issuing marriage licenses, one-half to be paid to the county recorder, two dollars; For filing, indexing, and recording articles of incorporation, five dollars; For filing and indexing articles of incorporation, which the law does not require to be recorded, one dollar; For examining and certifying to a copy of any paper, record, or proceeding, prepared by another, and presented for his certificate, one dollar, and five cents per folio for comparing said copy with the original; For administering each oath, without certificate, except in a pending action or proceeding, twenty-five cents; For taking any affidavit, except in criminal cases, fifty cents; For taking and approving each undertaking and the justification thereof, except in criminal cases, one dollar; For taking acknowledgment of any deed or other instrument, including the certificate, one dollar; For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, or otherwise in this act mentioned, and official bonds and certificates of appointments, each, fifty cents, and for recording each said paper when so required, twenty cents per folio. Sec. 3. All acts and parts of act in conflict with this act are hereby repealed. |
Fees of county clerk of Nye
No criminal fees
Repeal |
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κ1915 Statutes of Nevada, Page 432κ
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Certain birds protected
Pheasants protected until 1920
Sagecock and sagehen
Grouse and mountain quail
Duck, crane, plover, valley quail, prairie chickens, etc.
Nests and eggs protected
Size of gun limited
Open season for deer and antelope
Limited to one each |
Chap. 277An Act to provide for the protection and preservation of wild game, and to repeal all other acts in conflict therewith.
[Approved March 26, 1915]
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, catch, destroy, wound, snare, trap, injure, or pursue with attempt to catch, capture, injure, or destroy, any bluebird, bluejay, thrush, mocking-bird, oriole, humming-bird, or swan, robin, meadow-lark, or any insectivorous, plume, or song bird within this state. Sec. 2. It shall be unlawful for any person or persons, firm, company, corporation, or association, to kill, destroy, wound, trap, net, weir, injure, or pursue with attempt to kill, capture, injure, or destroy any pheasant within this state before the first day of September, A. D. 1920. Sec. 3. It shall be unlawful for any person or persons, firm, company, corporation, or association, after the 15th day of February and before the 15th day of July of each and every year, to kill, catch, trap, cage, weir, destroy, or pursue with attempt to catch, capture, or destroy any sagecock or sagehen within this state. Sec. 4. It shall be unlawful for any person or persons, firm, company, corporation, or association, within this state, to kill, catch, trap, net, pound, weir, wound, or pursue, with attempt to catch, capture, injure, or destroy, and grouse or mountain quail between the 1st day of January and the 15th day of September of each succeeding year. Sec. 5. It shall be unlawful for any person or persons, firm, company, corporation, or association, at any time from January 1 and before September 15 of each and every year, to kill, catch, net, cage, pound, weir, trap, or pursue with attempt to catch, capture, injure, or destroy, any wild duck, sandhill crane, plover, curlew, snipe, woodcock, valley quail, or prairie chicken within this state. Sec. 6. It shall be unlawful at any and all times of the year for any person or persons, firm, company, corporation, or association, to destroy, injure, or remove, the nest or eggs of any of the birds mentioned in this act. Sec. 7. It shall be unlawful in this state for any person or persons to use at any time a shotgun of a larger caliber than that commonly known and designated as a number ten gage. Sec. 8. The open season for deer and antelope in this state shall be from September 15 to October 15, inclusive, of each and every year and during that time it shall be unlawful for any person or persons, firm, company, corporation, or association within this state to kill, catch, trap, wound, or pursue with an intent to catch, trap, injure, or destroy any number of deer or antelope exceeding one deer and one antelope for the open season of any one year. |
κ1915 Statutes of Nevada, Page 433 (CHAPTER 277)κ
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the open season of any one year. It shall be unlawful to kill, catch, trap, wound, or pursue with intent to catch, injure, kill, or destroy any fawn at any time. Sec. 9. It shall be unlawful for any person or persons to have in their possession any deer or antelope during any time of the year other than during that time herein designated as the open season. Sec. 10. It is hereby made unlawful for any person at any time to kill, catch, trap, net, impound, weir, wound, or pursue with intent to catch, capture, injure or destroy, any wild ducks or wild geese or mountain quail or valley quail during the hours included between sunset and sunrise. Sec. 11. It shall be unlawful for any person or persons, firm, company, corporation, or association, at any and all times of the year to hunt, chase, pursue, run, catch, or kill any deer, antelope, caribou, elk, mountain sheep, or mountain goat, with or by the use or aid of any hound or hounds. Sec. 12. It is hereby made unlawful for any person to sell, or offer for sale, or to attempt to sell, or barter any wild ducks, wild geese, prairie chicken, mountain quail, sagehen, grouse, valley quail, plover, or snipe. It shall be unlawful for any person or persons to purchase such game for the purpose of barter or sale, and it shall also be unlawful for any person to kill or have in his possession a greater number than twenty ducks, or twenty mountain quail, ten sagehen, six grouse, twenty valley quail, five plover, or fifteen snipe in one day; provided, that the county commissioners of any county may, acting for their respective counties, by special ordinance, permit the killing or having in ones possession of not to exceed one hundred valley quail. Sec. 13. Any person violating any of the foregoing provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than $10 nor more than $100, or be imprisoned in the county jail for a period not less than fifteen days nor more than thirty days, or by both such fine and imprisonment. Sec. 14. Any person or persons, company, corporation, or association, or common carrier, violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $50 nor more than $500, or imprisonment in the county jail in the county in which said conviction is had for any term not exceeding six months, or by both such fine and imprisonment. It shall be no defense in the prosecution for the violation of any of the provisions of this act, that the animals or birds were taken or killed outside of the State of Nevada; nor shall it be any defense in the prosecution for the violation of any of the provisions of this act that the animals or birds were taken or killed by one other than he in whose possession said animals or birds were found. |
Fawn always protected
Unlawful to have in possession during close season Certain hunting at night unlawful
Use of hounds prohibited
Sale or barter of game unlawful
Number taken, limitation of Exception
Penalty
Penalty for unlawful transportation
What not defense |
κ1915 Statutes of Nevada, Page 434 (CHAPTER 277)κ
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Unlawful to receive for transportation
Close season may be lengthened, but never shortened
Exception for scientific purposes
Repeal |
Sec. 15. Every railroad company, express company, transportation company, or any other common carrier, their officers, agents and servants, and every other person who shall transport, carry, or take out of this state, or who shall receive for the purpose of transporting or carrying from this state any deer, buck, doe or fawn, or any mountain sheep, or antelope, or any quail, sage chicken, prairie chicken, grouse, wild duck, or goose, or any other bird or animal mentioned in this act, shall be guilty of a misdemeanor. Sec. 16. Should it be deemed advisable by any board of county commissioners for any county within this state to lengthen or extend the time of the close season for any specie of game mentioned in this act, the said board of county commissioners, acting for their respective county, may by special ordinance extend such close season; provided, however, that in no event shall the county commissioners or any other organization of men within this state extend the open season or shorten the close season for any specie of game whatsoever; provided, however, the county commissioners of any county in the state acting under the provisions of this act may change the open season for sagehen or for deer and antelope to an earlier or later date as the necessities of their respective county for the preservation of the above-mentioned game may demand; the length of time during which said game shall be protected shall in all cases remain the same as provided for in this act. Nothing in this act shall be so construed as to prohibit any person (upon a written permit of the governor of the state) from taking or killing any bird or fowl, or collecting the nest and eggs of the same, for strictly scientific purposes. Sec. 17. All acts and parts of acts heretofore passed and in conflict with the provisions of this act, or extending or limiting the provisions of this act in any way whatsoever, are hereby repealed. |
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Chap. 278An Act to amend an act entitled An act to provide for the organization and government of drainage, irrigation, and water storage districts, to provide for the acquisition of water and other property, and for the distribution of the water thereby for irrigation purposes, and for other matters properly connected therewith, approved March 20, 1911.
[Approved March 29, 1915]
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. Whenever a majority of the holders of title, or evidence of title, |
κ1915 Statutes of Nevada, Page 435 (CHAPTER 278)κ
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evidence of title, to lands susceptible of one mode of irrigation from a common source or combined sources, and by the same system or combined systems of works, desire to provide for the irrigation of the same, or, when for drainage purposes and other reasons, they desire to organize the proposed territory into one district, they may propose the organization of an irrigation district under this act; provided, said holders of title, or evidence of title, shall hold such title, or evidence of title, to at least one-fourth part of the total area of the land in the proposed district; provided further, that no person shall be a competent signer of a petition provided in this act for the formation of an irrigation district who is not the holder of a title or evidence of title to not less than five acres of land irrigated or susceptible of irrigation from the said common source of water supply, which shall be accessible for the purpose of the district. The equalized county assessment roll next preceding the presentation of petition for the organization of an irrigation district shall be sufficient evidence of title for the purpose of this act, but other evidence may be received, including receipts or other evidence of rights of entrymen on land under any law of the United States or this state, and such entrymen shall be competent signers of such petition, and the land on which they have made entries shall, for the purpose of said petition, be considered as owned by them. Sec. 2. Section 5 of the above-entitled act is hereby amended so as to read as follows: Section 5. The regular election of said district shall be held on the first Tuesday after the first Monday in April biennially thereafter, at which shall be elected one director by the electors of the district at large; provided, in districts already organized and directors have been elected in conformity with existing laws, no election shall be held until the year 1916; provided further, the directors elected at the organization election, heretofore held or held hereafter, shall be selected by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years, and an election shall be held in each district biennially thereafter, at which one director shall be elected for a term of six years, or until his successor is elected and qualified. Such director must be a qualified elector and a freeholder of the division of the director whom he is to succeed in office. Within ten days after receiving the certificates of election hereinafter provided for, such officer shall take and subscribe to an official oath and file the same in the office of the board of directors, and execute the bond hereinafter provided for. Each member of said board of directors shall execute an official bond in the sum of fifteen thousand dollars ($15,000), which said bonds shall be approved by the judge of the district court in and for said county where such organization is effected, and shall be recorded in the office of the county recorder thereof and filed with the secretary of said board. All official bonds provided for in this act shall be in the form prescribed by law; |
Irrigation districts; how organized
Election of directors, when and how held
Terms of office
Bonds |
κ1915 Statutes of Nevada, Page 436 (CHAPTER 278)κ
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Proviso
Directors
Election notice
Registrar appointed
Addition to electors oath |
for in this act shall be in the form prescribed by law; provided, that in case any district organized under this title is appointed fiscal agent of the United States, or by the United States is authorized to make collections of moneys for and on behalf of the United States in connection with any federal reclamation project, each such director shall execute a further and additional official bond in such sum as the secretary of the interior may require, conditioned for the faithful discharge of the duties of his office, and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization, and any such bond may be sued upon by the United States or any person injured by the failure of such director or the district to fully, promptly, and completely perform their respective duties. Sec. 3. Section 6 of the above-entitled act is hereby amended so as to read as follows: Section 6. The office of the board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this act subsequent to the organization of the district, the secretary, who shall be appointed by the board of directors, shall cause notice specifying the polling places in each election precinct to be posted in three public places in each election precinct, of the time and place of holding the election, and shall also post a general notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the time for posting the notice, the board must appoint from each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. The board of directors must, in its order appointing the board of election, designate the hour and the place in the precinct where the election must be held. At least four weeks before any such election, said board of directors shall appoint a registrar for each precinct of the district, except the precinct in which the office of the secretary of the board is located. In the precinct in which his office is located, or where there is but one voting precinct in the district, the secretary of the district shall act as registrar. Such registrars shall be governed in the performance of their duties by the general election laws of the state as far as they are applicable, and must be at their places of registration, to receive applications for registration, from nine oclock a. m. to nine oclock p. m., on each of three Saturdays next preceding the date of election. In addition to the usual electors oath, the following shall be added: As I am a resident in and holder of land within the boundaries of ..irrigation district. No election for any purpose shall be held in any irrigation district without such registration, and only those persons duly registered shall be allowed to vote thereat; provided, said directors may include all of said district in one voting precinct. |
κ1915 Statutes of Nevada, Page 437 (CHAPTER 278)κ
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shall be held in any irrigation district without such registration, and only those persons duly registered shall be allowed to vote thereat; provided, said directors may include all of said district in one voting precinct. Sec. 4. Section 12 of the above-entitled act is hereby amended so as to read as follows: Section 12. On the organization of the first board of directors of any such district, they shall designate some place within the district as the office of said board, and said board shall hold a regular monthly meeting in its office on the first Monday in every month, and any special meetings as may be required for the proper transaction of business; provided, that all special meetings must be ordered by the president or a majority of the board, the order must be entered of record, and the secretary must give each member not joining in the order five days notice of such special meetings. The order must specify the business to be transacted at such special meeting, and none other than that specified shall be transacted; provided further, that whenever all members of the board are present, however called, the same shall be deemed a legal meeting, and any lawful business may be transacted. All meetings of the board must be public, and a majority shall constitute a quorum for the transaction of business; but on all questions requiring a vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours; provided further, that in case any district organized under this title is appointed fiscal agent of the United States, or by the United States is authorized to make collections of moneys for and on behalf of the United States in connection with any federal reclamation project, the treasurer shall execute a further and additional official bond in such sum as the secretary of the interior may require, conditioned for the faithful discharge of the duties of his office, and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization, and such further additional bond may be sued upon by the United States or any person injured by the failure of the said treasurer or of the district to fully, promptly, and completely perform their respective duties. On the first Monday in May, next following their election, the board of directors shall meet and organize a board, elect a president from their number, and appoint a secretary and treasurer; provided, said board may in its discretion appoint one person to fill the offices of secretary-treasurer; and provided further, said appointee or appointees shall hold office during the pleasure of the board. All appointees of the board shall file bonds for the faithful performance of their duties as required by the board, it to approve the same. Sec. 5. Section 13 of the above-entitled act is hereby amended so as to read as follows: |
Election of officers
Meetings of board public
Provisos as to additional bonds
Organization of board
Appointees |
κ1915 Statutes of Nevada, Page 438 (CHAPTER 278)κ
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By-laws
Right of board to acquire property for irrigation purposes
Bonds at par value
Board may appropriate water, construct dams, etc.
Public use
Board may contract with United States authorities
Bonds may be used |
Section 13. Said board shall have the power to manage and conduct the business and affairs of the district, make and execute all necessary contracts, employ and appoint such agents, officers, and employees as may be required, and prescribe their duties, and to establish equitable by-laws, rules, and regulations, for the distribution and use of water among the owners of such land as may be necessary and just to secure the just and proper distribution of the same. Said by-laws, rules, and regulations must be printed in convenient form for distribution throughout the district. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location. Said board shall also have the right to acquire, either by purchase, condemnation, or other legal means, all lands, rights, and other property necessary for the construction, use and supply, maintenance, repair, and improvement of said canal or canals and works, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of needful waters, and all necessary appurtenances. In case of purchase, the bonds of the district, hereinafter provided for, may be used to their par value in payment. Said board may appropriate water in accordance with the law and also construct the necessary dams, reservoirs, and works for the collection of water for said district; and do any and every lawful act necessary to be done that sufficient water may be furnished to each land owner in said district for irrigation purposes. The use of all water required for the irrigation of lands of any district formed under the provisions of this act, together with the rights of way for canals and ditches, sites for reservoirs, and all other property required to fully carry out the provisions of this act, is hereby declared to be a public use, subject to the regulations and control of the state, in the manner prescribed by law. Said board may enter into any obligation or contract with the United States for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water therefrom under the provisions of the federal reclamation act and all acts amendatory thereof or supplementary thereto, and the rules and regulations established thereunder; or the board may contract with the United States for a water supply under any act of Congress providing for or permitting such contract, and in case contract has been or may hereafter be made with the United States as herein provided, bonds of the district may be deposited with the United States at 90 per cent of their par value, to the amount to be paid by the district to the United States under any such contract, the interest on said bonds to be provided for by assessment and levy as in the case of other bonds of the district, |
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the case of other bonds of the district, and regularly paid to the United States, to be applied as provided in such contracts, and if bonds of the district are not so deposited it shall be the duty of the board of directors to include as part of any levy or assessment provided for in section 31, as herein amended, an amount sufficient to meet each year all payments accruing under the terms of any such contract; and the board may accept, on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collections of moneys for or on behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized to so act and assume the duties and liabilities incident to such action, and the said board shall have full power to do any and all things required by the federal statutes now or hereafter enacted in connection therewith, and all things required by the rules and regulations now or that may hereafter be established by any department of the federal government in regard thereto; provided, all water, the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of Congress and the rules and regulations of the secretary of the interior, and the provisions and contract between the said district and the United States in relation thereto. Sec. 6. Amend section 19 of the above-entitled act so as to read as follows: Section 19. The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act; and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void; provided, that for the purpose of organization, or for any of the purposes of this act, the board of directors may, before the collection of the first assessment, incur an indebtedness not exceeding in the aggregate the sum of three thousand dollars, and may cause warrants of the district to issue therefor, bearing interest at six per cent per annum; provided, that the directors have the right and power to levy a tax of not to exceed five (5) cents the acre on all land and lands in said district for the payment of all expenses of organization and matters relating thereto; and provided further, that thereafter the directors have the right and power to levy a tax annually of not to exceed three (3) cents the acre on all land and lands in said district for the payment of the ordinary and current expenses of the district, including the salary of officers and other incidental expenses. After such levy is made, the secretary of the board of directors shall transmit the same to the county auditor of the county within which said district is located; the county auditor shall enter the same in the tax rolls of the county; and it shall be the duty of the county treasurer to collect such taxes at the time and in the same manner that other taxes are collected. |
Federal statutes to govern
No person to incur debts
Proviso
Power to levy and collect tax |
κ1915 Statutes of Nevada, Page 440 (CHAPTER 278)κ
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County commissioners may examine books
Plan of operations
Election to authorize expense Notice published |
rolls of the county; and it shall be the duty of the county treasurer to collect such taxes at the time and in the same manner that other taxes are collected. Sec. 7. Amend section 22 of the above-entitled act so as to read as follows: Section 22. Any board of directors of any such irrigation district, or the secretary thereof, shall at any time allow any member of the board of county commissioners, when acting under the order of such board, to have access to all books, records, and vouchers of the district which are in possession or control of said board of directors or said secretary of said board, and in case any district is appointed fiscal agent of the United States, or by the United States is authorized to make collections for or on behalf of the United States in connection with any federal irrigation project, such board of directors, or the secretary thereof, shall at any time allow any officer or employee of the United States, when acting under the order of the secretary of the interior, to have access to all books, records, and vouchers of the district which are in possession or control of the secretary or of said board. Sec. 8. Amend section 23 of the above-entitled act so as to read as follows: Section 23. As soon as practicable after the organization of any such district, the board of directors shall, by a resolution entered on its records, formulate a general plan of its proposed operations, in which it shall state what constructive works or other property it proposes to purchase and the cost of purchasing the same; and further, what construction work it proposes to do, and how it proposes to raise the funds for carrying out said plan. For the purpose of ascertaining the cost of any such construction work, said board shall cause such surveys, examinations, and plans to be made as shall demonstrate the practicability of such plan, and furnish the proper basis for an estimate of the cost of carrying out the same. All such surveys, examinations, maps, plans, and estimates shall be made under the direction of a competent irrigation engineer and certified by him. Upon receiving said report, said board of directors shall proceed to determine the amount of money necessary to be raised, and shall immediately thereafter call a special election, at which shall be submitted to the electors of said district possessing the qualifications prescribed by this act, the question whether or not the expense shall be authorized, and whether by bond issue or otherwise. Notice of such election must be given by posting notices in three public places in each election precinct in said district at least four weeks before the date of said election, and the publication thereof for the same length of time in some newspaper published in the district, and in case no paper is published in the district, then in a paper published in each county in which the district, or any part thereof, is located. Such notice must specify the time of holding the election, the amount of bonds proposed to be issued, and, in case such maps and estimates have been made, it shall further state that copies thereof are on file and open for public inspection by the people of the district, at the office of said board. |
κ1915 Statutes of Nevada, Page 441 (CHAPTER 278)κ
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issued, and, in case such maps and estimates have been made, it shall further state that copies thereof are on file and open for public inspection by the people of the district, at the office of said board. Said election must be held and the results thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this act governing the election of officers; provided, that no informalities in conducting such an election shall invalidate the same if the election shall have been otherwise fairly conducted. At such an election the ballot shall contain the words . (Question) Yes, or . (Question) No, or words equivalent thereto. If two-thirds of the votes cast are Yes, the board of directors shall be authorized to incur the expense, and if a bond issue be authorized, shall cause bonds in said amounts to be issued; if more than one-third of the votes cast at any bond election are No, the result of such election shall be so declared and entered of record. And whenever thereafter said board, in its judgment, deems it for the best interest of the district that the question of the issuance of bonds in said amounts, or any other amounts, shall be submitted to the electors, it shall so declare of record in its minutes, and may thereupon submit such questions to said electors in the same manner and with like effect as at such previous elections; provided further, that said elections may authorize the assessment of all land in the district based upon benefits by the irrigation plan or scheme, as herein provided, and provide for the payment of such assessments by annual payments or at such times as may seem fit, each tract of land assessed being liable for its proportion on the benefit basis and for no further amount. Sec. 9. Section 24 of the above-entitled act is hereby amended so as to read as follows: Section 24. The bonds authorized by any vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series sold at any time shall be designated as an issue, and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively, commencing with those earliest falling due, and they shall be designated as eleven-year bonds, twelve-year bonds, etc. They shall be negotiable in form, and payable in money of the United States as follows, to wit: At the expiration of eleven years from each issue, five per cent of the whole number of bonds of such issue; at the expiration of twelve years, six per cent; at the expiration of thirteen years, seven per cent; at the expiration of fourteen years, eight per cent; at the expiration of fifteen years, nine per cent; at the expiration of sixteen years, ten per cent; at the expiration of seventeen years, eleven per cent; at the expiration of eighteen years, thirteen per cent; at the expiration of nineteen years, fifteen per cent; at the expiration of twenty years, sixteen per cent; provided, that such percentages may be changed sufficiently so that every bond shall be in an amount of one hundred dollars or a multiple thereof, and the above provisions shall not be construed to require any single bond to fall due in partial payments. |
Questions on ballot
Proviso
Form of bonds
Percentages of bonds payable at certain intervals
Proviso |
κ1915 Statutes of Nevada, Page 442 (CHAPTER 278)κ
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Semiannual interest
Provisos
Payment of bonds and interest |
dollars or a multiple thereof, and the above provisions shall not be construed to require any single bond to fall due in partial payments. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1, or July 1, next following the date of their authorization, and they shall bear interest at a rate of not to exceed six per cent per annum, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein. Said bonds shall be each of a denomination of not less than one hundred dollars nor more than one thousand dollars, and shall be signed by the president and secretary, and the seal of the board of directors shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. Said bonds shall express on their face that they were issued by the authority of this act, naming it, and shall also state the number of the issue of which said bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, and the name of the purchaser. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plan by levy of assessment therefor, in the manner hereinafter provided; provided further, that when the money provided by any previous issue of bonds has become exhausted by expenditures herein authorized therefor, and it becomes necessary to raise additional money for such purposes, additional bonds may be issued, submitting the question at a general election to the qualified voters of said district, otherwise complying with the provisions of this section in respect to an original issue of said bonds; provided also, the lien for taxes for the payment of interest and principal or of any bond issue shall be a prior lien to that of any subsequent bond issue; provided further, that the time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed, if submitted to a vote, by the electors of said district at the election authorizing the said bonds. Sec. 10. Section 31 of the above-entitled act is hereby amended so as to read as follows: Section 31. Said bonds and the interest thereon and all payments due or to become due to the United States under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States, as herein provided, shall be paid by revenue derived from the annual assessment upon the land and the district; and all the land in the district shall be and remain liable to be assessed for such payment. Sec. 11. Section 36 of the above-entitled act is hereby amended so as to read as follows: Section 36. Annually, before October first, the board of directors shall levy an assessment upon the lands in said district upon the basis, and in the proportion, of the list and apportionment of benefits approved by the court as hereinbefore provided, which assessment shall be sufficient to raise the annual interest on the outstanding bonds, and all payments due or to become due the ensuing year to the United States or any person or persons under any contract between the district and the United States, or said person or persons accompanying which bonds of the district have not been deposited with the United States or any person or persons, as herein provided. |
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directors shall levy an assessment upon the lands in said district upon the basis, and in the proportion, of the list and apportionment of benefits approved by the court as hereinbefore provided, which assessment shall be sufficient to raise the annual interest on the outstanding bonds, and all payments due or to become due the ensuing year to the United States or any person or persons under any contract between the district and the United States, or said person or persons accompanying which bonds of the district have not been deposited with the United States or any person or persons, as herein provided. At the expiration of ten years after the issue of said bonds of any issue, the board must increase said assessment, as may be necessary from year to year, to raise a sum sufficient to pay the principal of the outstanding bonds as they mature. The secretary of the board must compute and enter in a separate column of the assessment book the respective sums, in dollars and cents, to be paid as an assessment on the property therein enumerated. When collected, the assessment shall be paid into the county treasury, and shall constitute a special fund, to be called Bond Fund of .. Irrigation District. In case any assessment should be made for the purpose contemplated by a bond authorization, it shall be entered in a separate column of the assessment book in the same manner as the bond fund; and when collected shall constitute the Construction Fund of .. Irrigation District, or in case such assessments include amounts due or to become due under any contract between the district and the United States as aforesaid, Bond and United States Contract Fund of . Irrigation District. Sec. 12. Section 38 of the above-entitled act is hereby amended so as to read as follows: Section 38. After such assessment is made up, the secretary of the board of directors shall forthwith certify the same to the county auditor of the county in which the district is located, and the county auditor shall enter the same in the tax rolls of the county; and it shall be the duty of the county treasurer to collect such taxes at the time and in the same manner and subject to the same penalties that other taxes are collected. Said taxes shall become due and delinquent at the same time and shall be collected by the same officers and in the same manner as state and county taxes. Sec. 13. Section 39 of the above-entitled act is hereby amended so as to read as follows: Section 39. The county auditor, when making up the assessment roll, shall place upon it the taxes of the district as certified to him. At the time of computing the tax in the county assessment roll, the county clerk shall compute the district tax of the district and districts in the county. The records of the county shall contain a complete record as certified to its officers, and the auditor, clerk, and county treasurer shall do and perform all acts and acts necessary to the collection of the said taxes in conformity with law governing such matters. |
Levy of assessments
Payment of assessments
Delinquent list |
κ1915 Statutes of Nevada, Page 444 (CHAPTER 278)κ
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Contract for construction work
Certain sections repealed
Order to be recorded |
shall do and perform all acts and acts necessary to the collection of the said taxes in conformity with law governing such matters. Sec. 14. Section 42 of the above-entitled act is hereby amended so as to read as follows: Section 42, After adopting a plan for said canal or canals, storage reservoirs, and works, the board of directors shall give notice, by publication thereof not less than thirty days in one newspaper published in each of the counties comprising the district, if a newspaper is published therein, and in such other newspaper as they may deem advisable, calling for bids for the construction of such work, or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. Said notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening such proposals, which, at the time and place appointed, shall be opened in public; and as soon as convenient thereafter, the board shall let said work, either in portions or as a whole, to the lowest responsible bidder, or they may reject any and all bids and readvertise for proposals. Contracts for the purchase of the material shall be awarded to the lowest responsible bidder. Any person or persons to whom a contract may be awarded shall enter into a bond, with good and sufficient sureties to be approved by the board, payable to said district for its use, for 25 per cent of the amount of the contract price, conditioned upon the faithful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer employed by the district, and approved by the board; provided, that no contract of any kind shall be let by said board of directors unless there is sufficient money in the district treasury at the time such contract is let, available for such payment, to fully pay for the work or material so contracted for; provided further, the provisions of this section shall not apply in the case of any contract between the district and the United States. Sec. 15. Amend the above-entitled act by striking out sections 40 and 41 of said act. Sec. 16. Section 58 of the above-entitled act is hereby amended so as to read as follows: Section 58. Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorders office of each county within which are situated any of the lands of the district, and thereupon the district shall be and remain an irrigation district as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries as aforesaid had been included therein at the original organization of the district; provided, that in case contract has been made between the district and the United States, as in section 13 provided, no change shall be made in the boundaries of the district, and board of directors shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing, and such assent be filed with the board of directors. |
κ1915 Statutes of Nevada, Page 445 (CHAPTER 278)κ
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original organization of the district; provided, that in case contract has been made between the district and the United States, as in section 13 provided, no change shall be made in the boundaries of the district, and board of directors shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing, and such assent be filed with the board of directors. Sec. 17. Section 61 of the above-entitled act is hereby amended so as to read as follows: Section 61. The board of directors to whom such petition is presented must cause the land described in such petition to be surveyed by a competent irrigation engineer, and if found to be too high to receive any benefit from irrigation works of said district, said board must make an order changing the boundaries of said district so as to exclude the land described in said petition; provided, that in case contract has been made between the district and the United States, as in section 13 provided, no change shall be made in the boundaries of the district, and the board of directors shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing and such assent be filed with the board of directors. Sec. 18. Section 64 of the above-entitled act is hereby amended so as to read as follows: Section 64. Whenever the board of directors of any two or more irrigation districts which are contiguous deem for the best interests of their respective districts that the same be consolidated into a single district, such board of directors may petition the board of county commissioners for an order for an election, to vote upon the question of such consolidation, which petition shall state in detail the terms upon which said consolidation is proposed to be made. Upon receiving such petitions, the said board of county commissioners shall request the state engineer to investigate the conditions of such districts, and all questions affecting such proposed consolidation, and he shall make a report of the result of such investigation to the board of county commissioners not more than ninety days after such request is received. At the time said report upon the matter is made, said board of county commissioners, if deemed advisable, shall make an order fixing the time for an election in the said district to vote upon the question of such proposed consolidation, which time shall not be less than thirty, nor more than sixty days after the date of said report. Notice of said election shall be published as required for notice of the election in section 4 of this act; and the said board of directors shall make all necessary arrangements for such election in their respective districts as provides in this act for other elections. The ballots should be substantially as follows: Consolidation-Yes, Consolidation-No. The said board of directors shall canvass the returns of such election as provided in case of usual district elections, and shall immediately thereafter transmit, be messenger or by registered mail, certified abstracts of the result of said election in their respective districts to the clerk of the board of county commissioners. |
Excluded lands to be surveyed
Districts may be consolidated
Election to decide, when
Ballots |
κ1915 Statutes of Nevada, Page 446 (CHAPTER 278)κ
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Directors of consolidated district
Proviso regarding contracts with U.S. authorities
District dissolved; method of procedure |
ately thereafter transmit, be messenger or by registered mail, certified abstracts of the result of said election in their respective districts to the clerk of the board of county commissioners. Within ten days after such returns are received by the clerk the said board of county commissioners shall meet and canvass the same. If it appears that a majority of all the votes cast in each of said districts in Consolidation-Yes, said board shall make an order and enter the same of record in its minutes establishing said consolidated district, giving its boundaries and designation, and in detail the terms under which the consolidation has been effected, and dividing said consolidated district into three divisions, and shall appoint some person qualified under this act to act as director of each of said divisions of said district until the next general election for the election of officers, when a board of directors shall be elected as provided in section 5; provided, however, that the organization of such district shall not take effect until the first Tuesday of the January following said order of its establishment. If the date provided by law for the election of directors shall come between the date of said order of the board of county commissioners and said first Tuesday of January, then in making such order said board shall designate the board of directors of one of the consolidated districts as a board to take charge of said election, and a director shall in that case be elected for each division of said consolidated district, and in that case no appointment of directors shall be made by said board of county commissioners. If, however, upon such a canvass by said board of county commissioners it appears that a majority of votes cast in any district thus proposed to be consolidated is Consolidation-No, then a record of that fact shall be entered in the same minutes of the said board of county commissioners, and all the proceedings had under this section shall be void; provided also, that in case contract has been made between either district and the United States, as in section 13 provided, no consolidation shall be made and no order of consolidation entered until the secretary of the interior shall assent thereto in writing, and such assent shall be filed with the board of county commissioners. Sec. 19. The above-entitled act is further amended by adding a section numbered 69 1/2, to read as follows: Section 69 1/2. Upon the filing of the petition in the district court setting forth that said irrigation district should be forthwith dissolved, such petition to be signed by at least a majority of the land owners and who own at least two-thirds of the land in said district, the said court shall make its order setting said petition for hearing, giving at least ten and not more than twenty days notice thereof, by publication in a newspaper, if one is published in the county; provided further, that before the order can be entered dissolving the district, the directors must show that the district, as such, does not owe any money nor that there are any outstanding bonds of said district or other evidence of indebtedness. |
κ1915 Statutes of Nevada, Page 447 (CHAPTER 278)κ
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other evidence of indebtedness. Upon a proper showing being made the said district court shall enter its order dissolving absolutely such irrigation district; provided further, the said district may be divided or land excluded therefrom on a similar showing and petition signed by a majority of the electors owning at least two-thirds of all the land in the said district; provided further, that in case contract has been made between the district and the United States no division of said district or change in the boundaries of the district thereof, and no order dividing or changing the boundaries of the district or excluding land therefrom shall be made until the secretary of the interior shall assent thereto in writing, and such assent be filed with the said court having jurisdiction thereof. Sec. 20. Said above-entitled act is amended by adding a section numbered 70, to read as follows: Section 70. It shall be the duty of the treasurer, or secretary-treasurer of the said district, to attend all sales of property for delinquent taxes where assessments or taxes have been levied by the district, and in case there are no bidders for any parcel or parcels of property offered for sale and which parcel or parcels are affected by a tax or assessment of said district, to pay such tax and costs thereon, then such treasurers may bid for and bid in such parcel or parcels of property as others will not buy as aforesaid, in the name of and for said district; and such treasurer shall take the certificate of sale, or deeds for such property, as other private buyers and subject to the same redemption, fees, and other provisions of law relating thereto. Said property shall be held, treated, and disposed of in accordance with the laws relating to similar cases in which counties purchase property. |
Consent of secretary of interior necessary, when
Treasurer to attend tax sales and bid in certain property for use of district |
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Chap. 279An Act to amend section 11 of an act entitled An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act, approved March 23, 1911.
[Approved March 29, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11 of the above-entitled act is hereby amended so as to read as follows: |
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κ1915 Statutes of Nevada, Page 448 (CHAPTER 279)κ
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Schedules of public utilities must be open for public inspection
Must be filed with commission
Joint schedules
No change except on 30 days notice
Proviso as to reduction in rates
Schedule suspended, when |
Section 11. Every public utility shall file with the commission within a time to be fixed by the commission, schedules which shall be open to public inspection, showing all rates, tolls, and charges which it has established and which are in force at the time for any service performed or product furnished in connection therewith by any public utility controlled or operated by it. In connection with such schedule, and as a part of it, shall also be filed rules and regulations that in any manner affect the rates charged or to be charged for any service or product. A copy or so much of said schedules as the commission shall deem necessary for the use of the public shall be printed in plain type and posted in every station or office of such public utility where payments are made by the consumers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected. When a schedule of joint rates or charges is, or may be, in force between two or more public utilities, such schedule shall, in like manner, be printed and filed with the commission, and so much thereof as the commission may deem necessary for the use of the public shall be posted conspicuously in every station or office as in this section above provided. No changes shall thereafter be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any and all rates or charges, except upon thirty days notice to the commission, and all such changes shall be plainly indicated, or by filing new schedules in lieu thereof thirty days prior to the time the same are to take effect; provided, that the commission, upon application of any public utility, may prescribe a less time within which a reduction may be made. Copies of all new or amended schedules shall be filed and posted in the stations and offices of public utilities as in the case of original schedules; provided, whenever there shall be filed with the commission any schedule stating a new individual or joint rate, fare, or charge, or any new individual or joint regulation or practice affecting any rate, fare, or charge, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities, but upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, or practice; and pending such hearing and the decision thereon, the commission, upon delivering the utility or utilities affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, or practice, but not for a longer period than sixty days beyond the time when such rate, fare, charge, classification, regulation, or practice would otherwise go into effect; and after full hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, or practice had become effective; providing, that if any such hearing cannot be concluded within the period of suspension as above stated, the commission may, in its discretion, extend the time of suspension a further period not exceeding sixty days. |
κ1915 Statutes of Nevada, Page 449 (CHAPTER 279)κ
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the commission may make such order in reference to such rate, fare, charge, classification, regulation, or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, or practice had become effective; providing, that if any such hearing cannot be concluded within the period of suspension as above stated, the commission may, in its discretion, extend the time of suspension a further period not exceeding sixty days. In all cases where such order or suspension shall have been made, the commission shall give to the hearing and decision of the question involved preference over all other questions pending before it, and decide the same as speedily as possible. |
Suspension may be extended 60 days, when |
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Chap. 280An Act to amend section 21 of an act entitled An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act, approved March 23, 1911.
[Approved March 29, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 21 of an act entitled An act making the railroad commission of Nevada ex officio a public service commission for the regulation and control of certain public utilities, prescribing the manner in which such public utilities shall be regulated and controlled, requiring such public utilities to furnish reasonably adequate service and facilities, prohibiting unjust and unreasonable charges for services rendered by such public utilities, providing penalties for violation of the provisions of this act, authorizing such public service commission to appoint an expert engineer and to employ clerks and assistants, and making an appropriation for carrying out the provisions of this act, is hereby amended so as to read as follows: Section 21. A full and complete record shall be kept of all proceedings before the commission or its representative on any formal investigation, and all testimony shall be taken down by the stenographer appointed by the commission. Whenever any complaint is served upon the commission as hereinafter provided for the bringing of actions against the commission, before the action is reached for trial, the commission shall cause a certified copy of all proceedings held and testimony taken upon such investigation to be filed with the clerk of the court in which the action is pending. |
Amending public service commission act
Complete record of all hearings must be recorded |
κ1915 Statutes of Nevada, Page 450 (CHAPTER 280)κ
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Copies of same furnished at reasonable price |
certified copy of all proceedings held and testimony taken upon such investigation to be filed with the clerk of the court in which the action is pending. A copy of such proceedings and testimony shall be furnished to any party, on payment of a reasonable amount therefor, to be fixed by the commission, which amount shall be uniform per folio to all parties. The amount so charged and collected shall be turned over by the commission to the state treasurer, and by him carried into the fund appropriated for the general expenses of the commission. |
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Amending railroad commission act
Each commissioner may administer oaths
Contempt, when |
Chap. 281An Act to amend section 13 of an act entitled An act to regulate railroads, telegraph and telephone companies, and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor, and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges, approved March 5, 1907, and amended March 20, 1909, and amended March 27, 1911.
[Approved March 29, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13 of an act entitled An act to regulate railroads, telegraph and telephone companies and other common carriers in this state, creating a railroad commission, constituting the governor, the lieutenant-governor, and the attorney-general a railroad board for the appointment and removal of the railroad commissioners, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure an adequate railway service, and fixing maximum freight charges, approved March 5, 1907, as amended March 20, 1909, and as amended March 27, 1911, is hereby amended so as to read as follows: Section 13. Each of the commissioners, for the purpose mentioned in this act, shall have power to administer oaths, certify to official acts, issue subpenas, compel the attendance of witnesses, and the production of papers, way-bills, books, accounts, documents, and testimony. In the case of disobedience on the part of any person or persons to comply with any order of the commission or any commissioner or any subpena, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the district court of any county, or a judge thereof, on application of a commissioner, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpena issued from such court, or a refusal to testify therein. |
κ1915 Statutes of Nevada, Page 451 (CHAPTER 281)κ
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(a) Each witness who shall appear before the commission by its order shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers, sworn to by such witnesses and approved by the chairman of the commission; provided, that no witness subpenaed at the instance of parties other than the commission shall be entitled to compensation from the state for attendance or travel unless the commission shall certify that his testimony was material to the matter investigated. (b) The commission or any party may, in the investigation, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by the law for like depositions in civil actions in district courts. (c) A full and complete record shall be kept of all proceedings had before the commission or any investigation had under section 12 of this act, and all testimony shall be taken down by the stenographer appointed by the commission. Whenever any complaint is served upon the commission under the provisions of section 16 of this act the commission shall, before said action is reached for trial, cause a certified transcript of all proceedings had and testimony taken upon such investigation to be filed with the clerk of the district court of the county where the action is pending. A transcribed copy of the evidence and proceedings, or any specific part thereof, or any investigation taken by the stenographer appointed by the commission, being certified by such stenographer to be a true and correct transcript in longhand of all testimony taken at the investigation, or of a particular witness, or of other specific part thereof, carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and transcribed, shall be received in evidence with the same effect as if such reporter were present and testified to the facts so certified. A copy of such transcript shall be furnished on demand to any party, on payment of a reasonable amount therefor, to be fixed by the commission, which amount shall be uniform per folio to all parties. The amount so charged and collected shall be turned over by the commission to the state treasurer and by him carried into the fund appropriated for the general expenses of the commission. |
Witness to receive regular fees
Expenses of witnesses paid, when
Depositions, when
Full record to be kept
Competent evidence, when
Copy of transcript, reasonable price |
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κ1915 Statutes of Nevada, Page 452κ
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Superintendent of state police to be ex officio warden of state prison
Captain of guard acting warden, when
Salary of Superintendent
Repeal |
Chap. 282An Act supplementary to an act entitled An act to provide for the creation, organization, and maintenance of the Nevada state police, prescribing the powers and duties of the officers and members thereof in maintaining peace, order, and quiet in the State of Nevada, fixing their compensation, providing certain penalties, and other matters relating thereto, making an appropriation therefor, and repealing all acts and parts of acts in conflict therewith, approved January 29, 1908; and making the superintendent of the Nevada state police ex officio warden of the state prison; fixing his salary; providing for an acting warden during vacancy or absence of the superintendent, and repealing all acts and parts of acts in conflict herewith.
[Approved March 29, 1915]
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 April, A. D. 1915, the superintendent of the Nevada state police shall be ex officio the warden of the state prison of this state, and shall hold office until his successor is chosen and qualified. He shall, as such ex officio warden, and in addition to his bond as superintendent of the Nevada state police, execute a bond in such sum as the state board of prison commissioners shall designate, not exceeding the sum of fifteen thousand dollars, for the faithful discharge of his duties as warden, which bond shall be given to the State of Nevada, approved by the chief justice of the supreme court, and filed with the secretary of state. Sec. 2. In the event of vacancy in the office of the superintendent of Nevada state police, by death, resignation, or otherwise, such vacancy shall be filled as now provided by law, and until the filling of such vacancy, and during any absence of the warden, the captain of the guard of the state prison shall be acting warden thereof without any increase in salary. Sec. 3. From and after the first day of April, A. D. 1915, the salary of the superintendent of Nevada state police and ex officio warden of the state prison shall be, and the same is hereby fixed, at thirty-six hundred ($3,600) dollars per annum, in full compensation for all his services as such superintendent and warden, with mileage and expense allowances as now provided by law when engaged in the discharge of his duties, said salary to be payable in monthly installments out of the general fund in the state treasury, in the same manner as other state officers are paid. Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. |
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κ1915 Statutes of Nevada, Page 453κ
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Chap. 283An Act regulating the nomination of candidates by political parties, providing for the holding of primaries and conventions, and regulating the manner of nominating candidates by petition.
[Approved March 29, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A primary election shall be held in each election precinct on the second Tuesday in August of each even-numbered year, for the election of delegates to state and county party conventions, and for other purposes as hereinafter provided. Sec. 2. Every political party, which at the last preceding general election cast more than ten per cent of the vote of the state, as shown by the highest vote cast for a candidate for any office, shall be entitled to elect delegates to party conventions as hereinafter provided. Sec. 3. Each political party entitled to election of delegates to party conventions shall be entitled to one delegate from each county to the state convention, for each one hundred votes or major fraction thereof cast for such party within the county, and one delegate to a county convention for each twenty votes or major fraction thereof so cast; provided, that delegates to the party state convention shall also be delegates to the party county convention. For the purpose of determining the number of delegates a political party is entitled to, the party vote of a county shall be determined by the vote for the party candidate for representative in Congress at the last preceding general election. Sec. 4. Delegates to state party conventions shall be elected at large by party electors of the county. Delegates to party county conventions shall be elected by precincts. Sec. 5. Any qualified elector desirous of becoming a delegate to a party convention and having his name printed upon the official primary election ballot as a candidate for delegate shall, not earlier than thirty days nor later than ten days before such primary election, file a verified certificate with the county clerk, which certificate shall set forth his name and residence; the name of the party with which he is affiliated and which he desires to represent as a delegate; the length of his residence in the state and county; the convention, whether state or county, to which he aspires to be a delegate; that he is a member of the political party he seeks to represent, and that he voted for a majority of the candidates of such party at the last preceding general election (or he did not vote at such general election, giving reasons), and that he intends to vote for a majority of said ticket at the coming election; that he will attend the convention or conventions if elected thereto unless unavoidably prevented from so doing. |
Primary election in August of even-numbered years Parties entitled to delegates
Apportionment of delegates for state and county conventions
How determined
State delegates elected at large; county delegates by precincts
Candidate for delegate shall file certificate
What certificate shall contain |
κ1915 Statutes of Nevada, Page 454 (CHAPTER 283)κ
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Each county clerk to prepare form of primary ballot
Specifications as to form and size of ballots
Specifications as to type, etc. |
(a) Immediately after the last day for filing names of candidates for delegates, as provided in the preceding section, the county clerk shall prepare a form of ballot for each election precinct within his county for each political party entitled to elect delegates to conventions, which shall contain the names of all electors, who have filed certificates as provided in the preceding section, entitled to be voted for in such precinct, together with such other information as will assist the voters to intelligently cast their ballots. (b) Official primary election ballots shall not be less than eight inches wide, and wider if necessary, to conform to the requirements of the following provisions, and as long as the herein captions, headings, party designations, directions to voters, lists of printed names of candidates for delegates, require. (c) Across the top of the ballot shall be printed in heavy-faced gothic capital type, not smaller than fifty-four point, the words: Official Primary Election Ballot. Beneath this shall be printed in not smaller than eighteen-point type the name of the party, and beneath this the name of the county and precinct, wherein such ballot is to be used, together with the date of such primary election. At least three-eighths of an inch below the name of the county and precinct as aforesaid, and the date of the primary election, shall be printed in ten-point black-face type, double leaded, the following: Instructions to Voters. To vote for a convention delegate or delegates, stamp a cross opposite and to the right of the name of the person for whom you desire to vote in the blank space or spaces below. The Instructions to Voters shall be separated from the lists of candidates for delegates and blank spaces by one light and one heavy line or rule. Instructions to Voters shall be printed with the heading, Delegates to State Convention-Vote for One-Vote for Two, or more, according to the number to be elected, and then shall follow the names of the candidates for delegates to the state convention and below shall be printed the words, Delegates to County Convention-Vote for One, or Vote for Two, or more, according to the number to be elected. The printed names of the candidates for delegates shall be grouped in alphabetical order, according to surnames, and the words Vote for One, or Vote for Two, or more, according to the number to be elected. The number of delegates to be elected shall be printed in heavy-faced gothic type, not smaller than eight-point. The direction for voting shall be separated from the names of the candidates by a light line. The names of the candidates for delegates shall be printed on the ballot without indentation, in gothic capital type not smaller than eight-point, between light lines, or rules, three-eighths of an inch apart. To the right of the printed names of such candidates shall be printed a light line, or rule, so as to form a voting square three-eighths of an inch square. |
κ1915 Statutes of Nevada, Page 455 (CHAPTER 283)κ
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of such candidates shall be printed a light line, or rule, so as to form a voting square three-eighths of an inch square. Sec. 6. A primary election ballot shall be voted by stamping a cross opposite and to the right of the printed name of the candidate for delegate voted for. Sec. 7. Separate ballots shall be printed for each political party entitled to nominate delegates by primary election as provided in this act. The county clerk shall cause to be printed twice as many official party primary election ballots for each voting precinct as there were votes of such party cast at the last preceding general election, and for new precincts such number of ballots as he may determine will be necessary, providing that, in case of a manifest increase or decrease of population in any precinct, a greater or less number of such ballots may be printed than hereinbefore provided, but a sufficient number in all cases shall be printed. Official party primary election ballots shall be printed upon a good quality of tinted paper, a different tint for each party primary ballot. Official primary ballots for the Republican party shall be tinted blue, for the Democratic party, pink, for the Socialist party gray, and for other political parties such different tints as the county clerk shall determine. Primary party election ballots shall be numbered and bound as prescribed for official general election ballots. Sec. 8. It shall be the duty of the state and county central committees, respectively, of the several political parties entitled to elect delegates to state and county conventions, on or before the second Monday in July of each even-numbered year, to apportion the delegates which each political party is entitled to elect to the state and county conventions, apportioning delegates to the county convention by precincts according to the number of delegates each precinct is entitled to according to the party vote cast in such precinct at the last preceding general election. Such county central committees shall, on or before the said second Monday in July, file with the county clerk a certificate of such apportionment of delegates, which certificate shall be subscribed and sworn to by the chairman and secretary of the county central committees of the respective parties. Every precinct casting over ten votes in the last preceding general election or which registers ten votes at the close of registration for the primary election shall be entitled to one delegate to the county convention. Any political party entitled to elect delegates as hereinbefore provided, the county central committee of which fails to file the prescribed certificate of apportionment, shall not be entitled to have ballots printed or to hold a primary election as in this act provided; provided, that the state central committee of any political party entitled to elect delegates may, within five days after the time prescribed for filing certificates by county central committees, file such a certificate in any county within the state, and such certificate filed by the state central committee, subscribed and sworn to as in the case of certificates of county central committees, shall have the same force and effect as a certificate filed by the county central committees. |
Stamp must be used
Separate ballots for each political party
Number and color specified
State and county committees to apportion delegates, and certify same to county clerks
Precinct of 10 voters entitled to one county delegate
Neglect to file forfeits right to have ballots at primary
Proviso |
κ1915 Statutes of Nevada, Page 456 (CHAPTER 283)κ
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Each county clerk to advertise notice of primary election
Notices mailed and posted
Blanks, ballots, etc., to be county expense
Primary election officers, how selected
Duties of registry agents
General election laws to govern |
central committee, subscribed and sworn to as in the case of certificates of county central committees, shall have the same force and effect as a certificate filed by the county central committees. Sec. 9. Within five days after the time has expired for the filing of certificates of apportionment, the county clerk shall cause to be published in a newspaper or newspapers (not exceeding two) of general circulation in the county, notice of the primary election, which notice shall specify the date of the election, the places within the county where the polls shall be held, the hours during which the polls will be open, the number of delegates to be elected by the several parties, and the apportionment thereof to precincts. Such publication shall be made once in each week for three successive weeks. Similar notices shall be mailed by the clerk to registry agents of each voting precinct and it shall be the duty of such registry agent to post three or more copies of the same in conspicuous places in the precinct, one copy of which shall be posted at a place or places where the polls will be held. Sec. 10. The expense of providing all ballots, blanks, and other supplies to be used at any primary election provided for by this act, and all expenses necessarily incurred in the preparation for or the conduct of such primary election shall be paid out of the treasury of the county in the same manner, with like effect and by the same officers, as in the case of an election. Sec. 11. On or before the first Monday of July of each even-numbered year, the county central committees of the several political parties in this state shall nominate to the county clerk two persons for election officers for the several precincts within the county, and the county clerk, from such nominations, shall select three inspectors and two clerks to act as election officers in each precinct, each party to have as near as may be equal representation of such officials. The officers of primary elections shall be the same as provided by law for general elections, and such officers shall serve without compensation, and no claim shall be made against the counties for any salaries of officers acting as primary election. It shall be the duty of the proper officers to furnish certified copies of the official register, together with the check-list of each election precinct, to one of the inspectors of the primary election as now provided by law for general elections. If the officers appointed by the county central committee refuse to act, the registry agent shall open the polls, deliver and receive the ballots, and count and canvass and return the same. Sec. 12. The qualifications and regulation of voters at primary elections shall be subject to the same tests and governed by the same provisions of law and rules and regulations as are now prescribed by law for general elections, and the same officers who prepare and furnish registers for general elections shall prepare and furnish them for use at primary elections, and it shall be the duty of the proper officers to furnish a certified list of the voters entitled to vote thereat for use at primary elections, which said copy shall show the names of all voters entitled to vote at such elections. |
κ1915 Statutes of Nevada, Page 457 (CHAPTER 283)κ
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and it shall be the duty of the proper officers to furnish a certified list of the voters entitled to vote thereat for use at primary elections, which said copy shall show the names of all voters entitled to vote at such elections. Said register shall be made by taking the names of all voters on the register used at the last general election in the city, precinct, or county, together with supplemental registers or additions showing all additional registrations, changes, and corrections made since the last general registration. The supplemental registers to be made as follows: All persons entitled to register or vote at any primary election in any precinct, city, or county whose names are not upon the register, or who may be entitled to transfer their registration, shall be entitled to be registered or transferred so as to enable them to vote at such primary election, and for that purpose it shall be the duty of the officer charged with the registration of voters of such precinct, city, or county, to keep his office open for at least fifty days prior to ten days immediately preceding such primary election, and to register all voters entitled to vote at such primary election. Said registry agent shall be paid a reasonable sum for copying the names from one register to another, the amount to be fixed by the county commissioners of the county; for all new names he shall be paid as now allowed by law. Sec. 13. Any elector desiring to vote at any primary election shall give his name and address to the ballot clerk, who shall immediately announce the same, but no ballot shall be delivered to any elector except such as has the right to vote as herein provided; such electors right to vote may be challenged by any elector upon any of the grounds now allowed by law for a challenge of a right to vote at any general election, and upon the additional grounds that such elector has not registered, or his name does not appear upon the register as required by law, or that he does not belong to the political party designated upon the register, or that the register does not show that he designated his politics or the political party to which he belongs. All challenges shall be disposed of in the same manner as provided by law for general elections. The voter shall be instructed, if necessary, by a member of the board as to the proper method of marking and folding his ballot, and he shall then retire to an unoccupied booth and without delay stamp a cross in the square opposite and to the right of the names of his choice for delegates. If he shall spoil or deface a ballot, he shall at once return the same to the ballot clerk, who shall cancel the same and deliver to him another ballot. The officers of election shall see that all booths are provided with rubber stamps and pads as are required for use at general elections. Sec. 14. No elector shall be entitled to vote at primary elections unless he has theretofore designated to the registry agent his politics or the political party to which he belongs, and has caused to be entered upon the register, by such registry agent, his politics or the political party to which he belongs. |
Register of voters
Supplemental registers, when
How elector may vote at primary election
Challenges Voter instructed, when
Must specify political allegiance |
κ1915 Statutes of Nevada, Page 458 (CHAPTER 283)κ
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Method of stamping ballot
Technical error does not vitiate vote
Vote deposited
Polls open continuously
Exception Proviso
Count of vote, how conducted; must be public
Official canvass by county commissioners
Clerk to record result |
try agent, his politics or the political party to which he belongs. Sec. 15. The voter shall designate his choice on the ballot by stamping a cross (X) opposite and to the right of the printed name of each candidate for delegate for whom he desires to vote. If he shall stamp more names than there are candidates for delegates to be elected, or if for any reason it is impossible to determine his choice, his ballot shall not be counted for such delegates, but the rest of his ballot, if properly stamped, shall be counted. No ballot shall be rejected for any technical error which does not render it impossible to determine the voters choice. Sec. 16. When a voter has stamped his ballot, he shall fold it so that its face shall be concealed, and hand the same to a member of the board in charge of the ballot-box. Such folded ballot shall be placed in the ballot-box in the presence of the voter, and the name of the voter checked upon the register as having voted. Sec. 17. No adjournment or intermission whatever shall take place until the polls shall be closed and until all votes cast at such polls shall be counted and the result publicly announced, but this shall not be deemed to prevent any temporary recess while taking meals or for the purpose of other necessary delay; provided, that no more than one member of the board shall at any time be absent from the polling-place. Sec. 18. As soon as the polls have finally closed the judges must immediately proceed to canvass the votes cast at such primary election. The canvass must be public, and must be continued without adjournment until completed, and the result thereof declared. Except as herein otherwise provided, the canvass shall be conducted, completed, and returned as in the case of general elections. The board must take the ballots from the box and count all the votes cast for each party candidate for delegate and record the same on separate tally-lists for each party, and immediately mail said tally-lists and ballots by registered mail to the county clerk; provided, that in the case of precincts within five miles from the county-seat, delivering of tally-lists and ballots may be made personally. Sec. 19. The board of county commissioners of each county shall meet at the usual place at 1 oclock in the afternoon of the first Friday after such primary election to canvass the returns. If, at the time of meeting, the returns from each precinct in each county in which polls were open have been received, the board must then and there proceed to canvass the returns; but if all the returns have not been received the board may adjourn to 1 oclock in the afternoon of the following Monday, when the canvass shall begin and be continued until completed, which shall not be later than 6 oclock in the afternoon of the tenth day following such primary election. The clerk of the board shall, as soon as the result is declared enter upon the records of the board a statement of the result, which shall contain the whole number of votes cast for each person for delegate in each political party, and a duplicate as to each political party shall be delivered to the respective county chairman of the political parties, as the case may be. |
κ1915 Statutes of Nevada, Page 459 (CHAPTER 283)κ
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which shall contain the whole number of votes cast for each person for delegate in each political party, and a duplicate as to each political party shall be delivered to the respective county chairman of the political parties, as the case may be. The county clerk in any county shall forthwith send to the secretary of state, by registered mail, a separate list of the delegates of each political party elected to the respective state conventions, and the secretary of state shall make and deliver a copy thereof to the respective chairmen of the state central committees. Sec. 20. The persons receiving the highest number of votes at a primary election for delegate or delegates shall be entitled to a seat in the respective party convention or conventions. If the vote for two or more delegates be a tie and it be necessary to determine such tie in order to entitle one or more of such delegates to a seat in the convention, such tie shall be determined by the county central committee after reasonable notice of a time and place for such determination given to all persons having such tie vote; provided, that such persons receiving a tie vote may contest before the convention, and shall be entitled to a seat in the convention in the absence of the person entitled to the seat by the decision of the committee. Sec. 21. On the third Tuesday in September following the primary, at the hour of 11 a. m., the delegates of each political party entitled to seats in a party county convention shall convene at the county-seat of such county at such place as the county central committee shall designate, and there organize and adopt a county party platform and elect a county committee to consist of not less than one nor more than three committeemen from each voting precinct. Such convention shall also proceed to nominate party candidates for all county and precinct offices to be filled by electors of the county and the several townships therein. Sec. 22. The county committeemen shall hold office for the term of two years, and until their successors are elected. A vacancy in such committee may be filled by the remaining members. Each such committee may select an executive committee and shall choose its officers by ballot, and each committee and its officers shall have the powers usually exercised by said committees and the officers thereof in so far as may be consistent with this act. The various officers and committees now in existence shall exercise the powers and perform the duties herein prescribed until their successors are chosen in accordance with the provisions of this act. Sec. 23. On the first Tuesday in September after any August primary election the delegates of each political party elected to the state party convention shall convene at the state capitol, or such other place as the state central committee shall designate, at 11 oclock a. m., and shall formulate the state platform of their party. The delegates from the counties to the state convention from counties making up districts of two or more counties shall nominate the district judge and other district officers, which nominations shall be certified by the state convention as other nominations. |
Result sent to secretary of state and state chairmen
Tie vote for delegates, how decided
County convention, how and when held
To nominate county officers County committeemen; term, 2 years
State party conventions held at state capitol |
κ1915 Statutes of Nevada, Page 460 (CHAPTER 283)κ
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State central committee, how selected
To nominate state candidates Proxies allowed only in case of unavoidable absences
Party nominations certified to proper public officials
Vacancies in nominations, how filled
General election laws to govern No fees for filing certificates
Act liberally construed
Act not to apply to delegates to national conventions |
or more counties shall nominate the district judge and other district officers, which nominations shall be certified by the state convention as other nominations. Such convention shall also proceed to elect a state central committee, to consist of at least three members from each county, who shall hold office until a new state central committee shall have been elected. Such state central committee shall meet and organize at a time and place to be designated by the body selecting such state central committee, and such committee may then or thereafter select an executive committee. Such convention shall also proceed to nominate candidates for all offices to be filled by the electors of the entire state. Sec. 24. Delegates to state and county conventions may be represented by proxies duly appointed; provided, that a delegate shall not be entitled to appoint a proxy except in case of inability to attend in person the convention; provided further, that no person shall be entitled to act as a proxy in a convention unless he or she be a qualified elector and bona fide resident of the county or precinct he represents. Sec. 25. The chairman and secretary of state, district, and county conventions, respectively, shall make a certified list, duly verified, of all party nominations. The certificate of state and district nominations shall be filed with the secretary of state, and that of county and township nominations shall be filed with the county clerk. Sec. 26. Vacancies in nominations occurring for any cause after the holding of any party convention shall be filled by the party committee of the county, or state, as the case may be. Sec. 27. The general election laws, in so far as they are applicable and not in conflict with the provisions of this act, shall apply to primary elections. Sec. 28. No fee shall be charged for filing certificates of nominations made by a convention. Candidates for delegates to conventions shall at the time of filing their certificate of candidacy pay to the clerk a filing fee of one dollar and the clerk shall issue to him a receipt therefor. Sec. 29. This act shall be liberally construed to the end that the real intent of the electors shall prevail. Sec. 30. The provisions of this act with reference to delegates to state conventions shall not apply to conventions held for the selection of delegates to national conventions and in such conventions the state central committee of the party may prescribe such rules and regulations as it may deem best.
nominations by petition A candidate for public office may be nominated otherwise than by convention in the manner following: A certificate of nomination shall be signed by electors within the state, district, or political subdivision for which the candidates are to be presented, equal in number to at least ten per cent of the entire vote cast at the last preceding general election in the state, district, or political subdivision for which the nomination is made; provided, that such certificate shall contain the signatures of at least five electors. |
κ1915 Statutes of Nevada, Page 461 (CHAPTER 283)κ
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dates are to be presented, equal in number to at least ten per cent of the entire vote cast at the last preceding general election in the state, district, or political subdivision for which the nomination is made; provided, that such certificate shall contain the signatures of at least five electors. Said signatures need not all be appended to one paper but each signer shall add to his signature his place of residence. One of the signers of each such certificate shall swear that the statements therein made and the signatures therein set forth are true to the best of his knowledge and belief. The certificate of nomination herein provided shall state the name of the principle, if any, which the person nominated by petition represents, but in so doing the name of no political party as defined by this act existing at the last preceding general election shall be used. Such certificates of nomination of officers to be voted for by the electors of the entire state or by districts composed of two or more counties shall be filed with the secretary of state; all others shall be filed with the clerk of the county wherein the officers are to be voted for. Such certificates of nomination as provided in this section shall be filed on or before the first Tuesday in September preceding the election, and no person shall be nominated by such certificate or petition who has been a candidate before any convention of any political party as herein defined. No certificate of nomination shall contain the name of more than one candidate for each office to be filled, and no person shall sign such certificate or petition who has voted in any convention, either in person or by proxy, for or against any candidate for office. No fees shall be charged for filing such certificate or petition. Sec. 31. Any act or omission declared to be an offense by the general laws of this state concerning general elections shall also, in like case, be an offense concerning elections as provided for by this act, and shall be punished in the same manner and form as therein provided, and all penalties and provisions of the law governing elections, except as herein otherwise provided, shall apply in equal force to elections as provided for by this act. Wilful failure or refusal of any officer to perform the duties prescribed in this act shall be a gross misdemeanor, and in addition to the punishment prescribed by law, shall subject such officer to removal from office. Sec. 32. The pronoun he, used herein, shall be construed and intended to mean he or she. Sec. 33. All acts and parts of acts in conflict with this act are hereby expressly repealed. |
Nominations for public office by petition; 10 per cent of last vote required
Regulations regarding filing certificates of nomination
No fees All offenses declared by general election laws are offenses under this act
He includes she
Repeal |
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κ1915 Statutes of Nevada, Page 462κ
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Amending crimes and punishments act
Gambling games and slot-machines played for money prohibited
Poker, stud-horse, five hundred, solo, and whist excepted
Licensed horse-racing excepted
Felony
Social games and merchandise machines excepted |
Chap. 284An Act to amend section 253 of an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, and all acts and parts of acts supplementary thereto and amendatory thereof.
[Approved March 29, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section 253 of an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, and all acts and parts of acts amendatory thereof and supplementary thereto, is hereby amended so as to read as follows: Section 253. It shall be unlawful for any person to deal, play or carry on, open or conduct, in any capacity whatever, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, craps, klondyke, or any banking or percentage game played with cards, dice, or any device, for money, property, checks, credit, or any representative of value; or any gambling game in which any person keeping, conducting, managing or permitting the same to be carried on receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the said game to be carried on; or to play, maintain or keep, any slot machine played for money or for checks or tokens redeemable in money, or to buy, sell or deal in pools, or make books on horse-races, save and except the playing of poker, stud-horse poker, five hundred, solo and whist, when the deal alternates and no percentage taken and that any and all racing associations and corporations which shall obtain license to conduct race meetings in the State of Nevada, pursuant to law, may carry on and permit within the inclosure where horse-racing is held, betting upon the races conducted within said inclosure by and through the paris mutual system of betting; and any person who violates any of the above provisions shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for a period of not less than one year nor more than five years. Every person who shall play at any game whatsoever, other than those hereinabove excepted, for money, property or gain, with cards, dice or any other device which may be adapted to or used in playing any game of chance, or in which chance is a material element, or who shall bet or wager on the hands or cards or side of such as do play as aforesaid, shall be deemed guilty of a felony; provided, however, that nothing in this paragraph shall be construed as prohibiting social games played, only for drinks and cigars served individually, or for prizes of a value not to exceed two dollars, nor nickel-in-the-slot machines for the sale of cigars and drinks and no playback allowed. |
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Chap. 285An Act relating to elections.
[Approved March 29, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
CHAPTER 1
Residence Residence Defined. Section 1. Every citizen of the United States, twenty-one years of age or over, who will have continuously resided in this state six months and in the county or precinct thirty days next preceding the day of the next ensuing election, shall be entitled to vote at such election, provided he or she is duly registered as hereinafter provided.
Residence Gained or Lost. Sec. 2. No person shall be deemed to have gained or lost such a residence by reason of his presence or absence while employed in the military, naval, or civil service of the United States, or of the State of Nevada; nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student at any seminary or other institution of learning, nor while kept at any almshouse, or other asylum, at public expense, nor while confined in any public prison or jail.
Residence Not Lost. Sec. 3. A person removing from one county, within this state, to another, or from one precinct to another of the same county, within thirty days prior to any election, shall not be deemed to have lost his residence in the county or precinct removed from; provided, he was an elector in such county or precinct on the thirtieth day prior to such election.
Residence Lost. Sec. 4. If a person remove to another state, territory, or foreign country, with the intention of establishing his domicile there, and making it his home, he shall lose his residence in this state.
Burden of Proof. Sec. 5. If a person having a fixed and permanent home in this state, break up such home and remove to another state, territory, or foreign country, the intent to abandon his residence in this state shall be presumed, and the burden shall be upon him to prove the contrary; and the same rule shall obtain when a person, in like circumstances, and in like manner, shall remove from one county or precinct to another within the state.
Residence of Family Place of Residence. Sec. 6. If a man have a family residing in one place and he does business in another, the former must be considered his place of residence, unless his family be located there for temporary purposes only; but if his family reside without the state, and he be permanently located within the same, with no intention of removing therefrom, he shall be deemed a resident. |
Residence defined
Residence gained or lost
Residence not lost
Residence lost
Burden of proof
Residence of family place of residence |
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Residence lost, when
Concerning registration
One registration only
When registry agent other than justice of the peace may be appointed |
porary purposes only; but if his family reside without the state, and he be permanently located within the same, with no intention of removing therefrom, he shall be deemed a resident. Sec. 7. If a person remove to another state, territory, or foreign country, with the intention of remaining there for an indefinite time, and as a place of present residence, he shall lose his residence in this state, notwithstanding that he may entertain the intention of returning at some uncertain future period; and an occasional return, either for business purposes or pleasure, to the place of his former abode in this state, shall not be sufficient to preserve his residence therein.
CHAPTER 2
Registration Sec. 8. A new registration of the electors of this state shall be made in the year 1916, within the dates hereinafter specified, and every two years thereafter. Sec. 9. After being once registered in any precinct in this state, no elector shall be permitted to reregister in any other precinct until the following biennial registration as herein provided. If any elector loses his residence in the precinct in which he is registered, by reason of removal therefrom, he shall acquire the right to vote in his new precinct by a transfer of registration only, as hereinafter provided.
When Registry Agent Other than Justice of the Peace May Be Appointed. Sec. 10. The justices of the peace of the several counties of the state shall be ex officio the registry agents of their respective townships, and, as such, their powers and duties shall be as hereinafter provided in this act; provided, that in any townships where, from any cause, there shall be no justice of the peace duly commissioned and qualified, or where an election district may be situated too distant from the office of the justice of the peace of said township, the commissioners of the county in which said election district is located may appoint some other competent person to perform the duties of registry agent, who shall be clothed with the same power and governed by the same restrictions as justices of the peace in the registration of the names of electors under the provisions of this act. All registry agents shall have power to administer oaths or affirmations, and do such other acts as may be necessary to fully carry out the provisions of this act. Any registry agent or ex officio registry agent may appoint a deputy registry agent who, upon the filing of his appointment and oath of office with the county clerk, shall have power to register voters, administer oaths or affirmations, and do all such other acts as may be done by a registry agent in carrying out the provisions of this act. Any registry agent or ex officio registry agent appointing any deputy shall be responsible for the compensation and acts of such deputy. |
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County Commissioners to Provide Stationery for Registry Agents. Sec. 11. The county commissioners of the several counties shall provide for the registry agents, in their respective counties, when and where required, all proper and necessary books and stationery to carry out the provisions of this act. They shall furnish to each registry agent a book which shall be known as the Official Register, which shall be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to wit: First-Number on the register. Second-Date of registry. Third-Name of elector. Fourth-Age and sex of elector. Fifth-Where born. Sixth-Last place of residence before coming to Nevada. Seventh-First place of residence in Nevada. Eighth-Present number of ward, or name of electoral district. Ninth-Description of residence. Tenth-Certificate of naturalization exhibited. Eleventh-Designating the politics or political party of the elector; provided, that said elector shall not be required to designate his politics or the political party to which he belongs.
Particular Directions as to Registration of Voters. Sec. 12. It shall be the duty of the registry agents, at any time when called on to do so, between the hours of 10 a. m. and 6 p. m., on all legal days, from and after the first day of July, and up to and including the twentieth day of October, prior to any general election, and in the case of any special or municipal election provided for by law, twenty days prior to closing the register (which shall close ten days prior to the day of election), to receive and register the names of all persons legally qualified and entitled to vote at such election, or who will have legally acquired a residence (being otherwise qualified) and right to vote at such ensuing election according to the provisions of law under which such election may be held, in each election district within their respective townships, entering on the official register under the proper heading, the number and date of registry, the name (with the first or given name in full, if practicable), the sex, the age, which may be given as over twenty-one, and nativity of the elector, last place of residence of elector before coming to Nevada, first place of residence of elector in Nevada, together with the number of the ward or name of precinct, and a particular description of the house, building, or room in which the elector resides, such as will enable the officer or person desiring to serve notice of objection to vote to find the same without difficulty; and when the person so registered shall be of foreign birth, the fact of the exhibition of or failure to exhibit his certificate of naturalization shall be noted in the column provided for that purpose, which list, properly entered, as in this section required, shall be known as the Official Register of elections of their respective townships; |
County commissioners to provide stationery for registry agents
What register must show
Particular directions as to registration of voters |
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Proviso
Registry agents must publish notice
Voter to take oath
Form of oath |
the column provided for that purpose, which list, properly entered, as in this section required, shall be known as the Official Register of elections of their respective townships; provided, that for ten days next preceding the day set for closing the registry before any election mentioned in this act, said registry agents shall also be in attendance at their respective offices, and ready to register the names of applicants, at any time between the hours of 7 and 9 oclock p. m., in addition to the hours heretofore required in this section; provided further, that if any person shall fail or refuse to give his residence and the other information, with the particularity required in this section, he shall not be registered, and provided further, if the 20th day of October shall fall on Sunday the time for registration shall be extended until 6 p. m. of the 21st day of October.
To Publish Notice. Sec. 13. The registry agents shall cause to be published in a newspaper published in their county, or if none be so published, then in a newspaper published nearest their county-seat, for twenty days before the expiration of the time provided for registration, prior to any general election, and for ten days before the expiration of the time provided by law for registration prior to any special or municipal election, a notice to the effect that the time for registration of the names of the qualified electors in election districts number ., township ., prior to the election (specifying the election), to be held on the day of ., A. D. 19 .., for the county of (or city of ), will expire at 6 oclock p. m., on the day of .., A. D. 19 .. The publication of said notice shall continue until the expiration of the time provided for said registration; provided, that in remote or new and sparsely settled districts written notices posted as not less than five conspicuous places within said district may be substituted for the publication in a newspaper.
Voter to Take Oath-Form of Oath. Sec. 14. Every person applying to be registered shall, before he shall be entitled to have his name registered, take and subscribe the following oath, or affirmation, which shall be administered by the registry agent, to wit: I do solemnly swear (or affirm) that I am a citizen of the United States, that I am of the age of twenty-one years, and will have continuously resided in this state six months, and in the county thirty days next preceding the day of the next ensuing election (or, in case of a municipal election, such length of time as may be required by the act of incorporation), that before coming to the State of Nevada I last resided at .., in the State of (designating such place of residence), that upon first coming to the State of Nevada I resided at ., in said state (designating such place of residence), and that I am not registered elsewhere in this state. |
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So help me God (or under the pains the penalties of perjury). Whenever an oath is required by the provisions of this act, the elector shall swear according to the form of his religious faith or belief and in such manner as may be considered most obligatory on his conscience.
Oath Required of Elector, When. Sec. 15. When any person shall appear and demand to be registered, whom the registry agent shall not know to be entitled to registry, under the qualifications required by law for the election then ensuing, the registry agent may question the applicant generally, either under oath or not, as to his qualifications as an elector, and, if satisfied, shall enter his name on the registry. But if the registry agent shall not be fully satisfied, or if the applicant be challenged by a qualified elector of the county, stating distinctly the grounds of challenge, the registry agent shall require the applicant to answer truly, under oath or affirmation, the following questions, together with such other questions as said registry agent may consider necessary and proper, testing his qualifications as an elector for the ensuing election, to wit: First-Are you a citizen of the United States? Second-Are you now or will you be twenty-one years of age on or prior to the day of the next ensuing election? Third-On the day of the next ensuing election will you have actually and not constructively resided in this state six months, and in this county thirty days (or in this city days or .months, as provided by the act of incorporation) next preceding the day of said election? Fourth-Are you now a resident of the election district in which you propose to be registered? Fifth-Are you registered for this electoral year in any other election district in the name you have now given, or in any other name? If any of the foregoing questions shall be answered in the negative except the fifth, or that in the affirmative, the applicant shall not be registered; but if the applicant answer all the foregoing questions in the affirmative, except the fifth, and that in the negative, and the registry agent shall still believe, from the answers to such further questions that he may be led by circumstances to ask, that the applicant is not a qualified elector, he shall refuse to register the name of said applicant. But such applicant may then apply to the district court of his district, or the judge thereof, for a writ of mandamus to compel the proper registration of his name in such election district; and any elector may also apply to the district court of his district, or the judge thereof, for a writ of mandamus to compel the registry agent to erase from the registered list of electors the name of any person therein registered whom the applicant may know and be able to prove is not a qualified elector; provided, that said registry agent shall have notice and opportunity to be heard before said court, or the judge thereof, and show cause for his refusal. |
Oath required of elector, when
Form of questions
Registry agent may refuse registration, when |
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District court to decide promptly
Registration may be gained without personal appearance, how
False certificate a misdemeanor
Registry agent to place name of applicant by mail on register |
have notice and opportunity to be heard before said court, or the judge thereof, and show cause for his refusal. For the purpose of deciding contested questions of registration, the district judges of the various judicial districts shall hold court or sit in chambers at least one day in each county of their respective districts during the ten days immediately preceding any general election, during which days cases of contested registration shall take precedence of all other business before such judges or courts. All such cases shall be decided within forty-eight hours after being submitted, and every case shall be decided before the day of election. The electoral year shall commence on the first day of January and end on the thirty-first day of December of each year. Whenever in the same electoral year there shall be held in any township more than one election, general, primary, special, or municipal, any person registered for any one of such elections shall be deemed registered for all subsequent elections in the same year for which the residence qualification is included in or implied by the residence qualification of the previous election, and in all cases registration for a primary, special, or municipal election shall be deemed registration for any succeeding general election in the same year. The person so deemed registered shall be subject in all cases to be excluded from the registry by reason of the change of residence or other causes, as provided elsewhere in this act. Sec. 16. Any person entitled to be registered may apply to his proper registry agent, to be registered without personal appearance before the registry agent. Upon receipt of a request from any such person, the registry agent shall furnish him by mail, or otherwise, a blank to be filled out by such applicant for registration. Such blank shall contain the usual headings of the official register and shall also contain a certificate, to be signed by the applicant for registration, that he is a qualified voter of the state, that he is entitled to registration, that he is not registered in any other election precinct in this state, that he makes this certificate for the purpose of being placed on the registration list, and that the entries upon the blank are in his own handwriting. These said blanks shall also contain a certificate, to be signed by two qualified electors of the county, that they know the applicant for registration is entitled to be registered by the registry agent in the precinct in which he is applying for registration. The making of a wilful false certificate provided for in this section shall be a misdemeanor and punishable as now provided by law for the punishment of misdemeanors. Sec. 17. Upon the receipt by mail, or otherwise, of any such blank form properly filled out and certified as herein provided, prior to the time for the close of registration, the registry agent shall place the name of such applicant upon the official register and shall carefully preserve all such blank forms which shall have been presented to him by applicants for registration and who shall have been registered by him as herein provided. |
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for registration and who shall have been registered by him as herein provided.
Naturalized Citizens, How Qualified. Sec. 18. When a naturalized citizen shall apply for registration, his certificate of naturalization must be produced and stamped or written in ink by the registry agent, with his name and the year and county where presented; but if it shall satisfactorily appear to the registry agent, by the oath or affirmation of the applicant (and the oath or affirmation of one or more credible citizens, as to the credibility of such applicant, when deemed necessary), that such certificate of naturalization is lost or destroyed, or beyond the reach of the applicant for the time being, said registry agent shall register the name of the applicant, unless he be by law otherwise disqualified; provided, that in case of failure to produce the certificate of naturalization, the registry agent shall propound to him the following questions: First-In what year did you come to the United States? Second-In what state, county, court and year did you declare your intention to become a citizen? Third-In what state, county, court and year were you finally admitted to citizenship? Fourth-Where did you last see your certificate of naturalization? The answers to the above questions shall be taken down in the form of an affidavit, which shall be subscribed and sworn to by the applicant and retained in possession by the registry agent, and by him handed over to his successor; provided, that no person shall be required to make the affidavit twice before the same agent, or successor of such agent, having in his possession a former affidavit.
Registry Agent to Publish Names of Voters-Challenge, How Made and Disposed Of. Sec. 19. On the day next succeeding that on which the registration of electors, prior to any election, mentioned in this act shall have been closed, the registry agent shall, with all reasonable expedition, prepare, and cause to be written or printed a full and complete list of all the names registered by them, and then remaining on the official register, for each election district, alphabetically arranged, commencing always with the surname of each; and they shall have printed or written such reasonable number of copies of each district list as in their judgment may be necessary, at least five copies of which they shall cause to be posted up in as many public and conspicuous places within the district to which they apply, and the remainder of such lists shall be distributed among the electors of the respective districts. The registry agents shall give notice in said lists that they will receive objections to the right to vote, on the part of any person so registered, until six oclock p. m. on the tenth day previous to the day of election, and also requesting all persons whose names may be erroneously entered in said lists to appear at his office and have such error corrected. |
Naturalized citizen, how registered
Form of questions
Registry agent to publish names of voters; challenge, how made and disposed of |
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Registry agent to publish names of voters; challenge, how made and disposed of
Registry lists printed, when |
be erroneously entered in said lists to appear at his office and have such error corrected. Such objections to the right to vote shall be made only by a qualified elector in writing, setting forth the ground of the objection or disqualification, and sworn to, or affirmed to, to the best of his knowledge and belief. A copy of such written objections, with the name of the objector, together with a copy of notice, requiring the person objected to to appear before the registry agent at a time certain and specified therein, and answer under oath such questions as may be propounded to him by the registry agent touching his qualifications as an elector, shall be served on the person objected to, and such service shall be good when left at the place of residence of such person objected to, as the same shall appear in the official register, however general or indefinite may be the description of the same in said register. And no such objection shall be tried unless it shall appear by the return of an officer, or the sworn statement of an elector within the county, appended to such notice, that such objections and notice were by him duly served by copy, as in this section of this act required. At the time specified in the notice, or at such further time as the hearing may be adjourned to, the registry agent, upon being satisfied from the return or affidavit that proper service of notice has been had, as in this section provided, shall proceed to examine such person (if present), under oath, touching all matters specified in such written objections, and respecting his general qualifications as an elector, and the testimony of the person making the objections, and any further evidence offered (which the registry agent before whom objections are made may desire to hear in relation thereto). If the registry agent shall be satisfied, from the answers under oath of the person objected to, or other evidence, that he is not a qualified elector, as required by law, for the next ensuing election, or if such person, so notified as hereinbefore provided and required, shall fail to appear at the time set, or shall fail to show cause for his nonappearance, it shall be the duty of the registry agent to erase his name from the official register; provided, that any person whose name may have been so erased, may apply to the district court or the judge thereof, as is provided in section six of this act; provided further, for a refusal of any registry agent to perform his duties as registry agent, he shall, on conviction thereof, before a court of competent jurisdiction, be punished by a fine of not less than thirty dollars nor more than one hundred dollars, or by imprisonment not less than fifteen nor more than fifty days, or by both such fine and imprisonment.
Registry Lists Printed, When. Sec. 20. Whenever any board of county commissioners shall deem it necessary to have printed copies of the names upon the register of voters in any election precinct, said board shall cause said list to be printed in such manner, and for such time, |
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such time, in a newspaper or otherwise, as they may deem best calculated to give notice to the public of the names so registered, and shall cause copies thereof to be forthwith furnished to the registry agent of said precinct for posting; provided, that no registry list shall be printed at the charge or expense of a county, and no board of county commissioners shall allow, or auditor approve, any claim therefor, in whole or in part, unless said printing shall have been done at the instance and order of said board; and provided further, that in no case shall the whole amount allowed by said board, approved by the auditor, or paid by the county for printing any registry list, exceed the sum of fifteen cents for each name upon said list and printed.
Copies of Register and Check-Lists To Be Furnished. Sec. 21. During the time intervening between the closing of any registration of electors and the day of the next ensuing election, the registry agents shall carefully copy from the official register, into suitable books, one for each election district within their respective townships, the names of all electors registered for such election district, alphabetically arranged (the surname first), entering opposite each name the number it bears on the official register, together with all other entries therein found opposite such name. The registry agent shall also prepare, not later than the day next preceding that on which the election is to be held, in index books, one for each election district, and which shall be known as the check-list, lists of the names of all electors found on the official register for such election districts, alphabetically arranged (the surname first), with the number such name bears in the official register placed at the left of the name of the elector, and with a blank column at the right of the column of names, formed by two parallel perpendicular lines, in which the inspectors of election shall check the names of all those voting, by some particular character, as for instance, thus V for voted. Said blank columns last mentioned shall have written headings made by the registry agents, showing what particular election said check-lists apply to, as for instance, voted at general election, 1868, or voted at city election, 1869. The copy of the official register, together with the check-list, for each election district, as herein provided, shall be carefully prepared and duly certified to by the registry agent, and delivered to some one of the inspectors of election, in each election district, at a time not later than the day next preceding that on which such election is to be held, and such check-lists shall be carefully preserved and transmitted by the inspectors of election to the clerk of the board of county commissioners, in connection with and as a part of the election returns, as provided by law.
Transfers-Certain Electors Given Certificates Entitling Them to Vote in Choice of Precincts Under Certain Conditions. Sec. 22. Any registered elector, moving from one election district to another, prior to the day of the ensuing election, |
Proviso
Copies of register and check-lists to be furnished |
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Transfers; certain electors given certificates entitling them to vote in choice of precincts under certain conditions
Oath of registry agents |
district to another, prior to the day of the ensuing election, may apply to the registry agent before whom he has already been registered for the electoral year, at any time prior to the delivery of the certified copies of register to the inspectors of election, and have his name taken off the official register, and receive from the registry agent a certificate showing substantially that he was on a certified date duly registered in the official register of Township No. .., in the county of , and that his name has been erased at his own request; which certificate shall entitle him to have his name registered in the same manner as other names are registered, in any other election district either within the same county or any other county, for said election; provided, that it shall satisfactorily appear to the registry agent receiving the certificate, and to whom application is made for the second registration, that the applicant will have resided such length of time within such county and election district, prior to the next ensuing election, as is or may be provided by law to entitle him to vote. Any registered elector employed in moving trains, stages, mails, or otherwise upon any of the transportation routes in this state may apply to the registry agent before whom he has been already registered for that electoral year, at any time prior to the delivery of the certified copy of the register to the inspectors of election, and have his name taken off the official register and receive from the registry agent a certificate as above provided. Upon presenting, at any time not later than one hour prior to the closing of the polls, to the inspectors of election, in any precinct on the railroad, stage line, or transportation route on which he is employed, including the precinct in which he originally registered, the certificate mentioned above, and his written affidavit, which may be subscribed and sworn to before any of the inspectors of election, or any officer authorized to administer oaths, stating that he was so suddenly called away or detained by the transportation business in which he is employed that he did not have time to vote in the precinct in which he was originally registered, or to reregister under his transfer in that or any other precinct before the delivery of the certified copy of the register to the inspectors of election, the inspectors of election shall accept and file the certificate and affidavit and shall cause the name of the elector to be entered upon the certified copy of the register and the check-list under the designation Electors allowed to vote upon presentation of certificate and affidavit on election day, and shall thereupon allow the elector to vote, the same as if his name had originally appeared upon the register, or certified copy thereof, and check-list.
Oath of Registry Agents. Sec. 23. Before entering upon the duties prescribed in this act, the registry agents (excepting justices of the peace who have been duly qualified) shall severally take and subscribe before an officer duly authorized to administer oaths the following oath or affirmation, which shall be filed in the office of the county clerk of their respective counties, to wit: |
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lowing oath or affirmation, which shall be filed in the office of the county clerk of their respective counties, to wit: I, ., registry agent for election districts numbers and .., in the county of ., and state of Nevada, do solemnly swear (or affirm) that I will perform all the duties of registry agent in and for said election districts according to law and the best of my ability, and that in the discharge of my duties as such registry agent I will honestly endeavor to prevent fraud, deceit, or any other manner of abuse of the elective franchise, so help me God (or under the pains and penalties of perjury).
Compensation of Registry Agents. Sec. 24. The several registry agents shall be entitled to receive, as full compensation for all services rendered by them under the provisions of this act the sum of twenty-five cents for each name by them legally registered in each electoral year, which shall be a valid claim against their respective counties; and their accounts shall be made out so as to clearly show the number of names by them severally registered during the electoral year, and sworn to and filed with the board of county commissioners of their respective counties; and said claims, together with all other just and reasonable demands of other persons for books, advertising, and printing, necessarily incurred in carrying out the requirements of this act, shall be audited and paid out of the county funds of the several counties as other county charges; provided, that the expenses incurred in publishing the notices and printing the lists of electors prior to any municipal election, shall be charged against and shall be paid by the corporate authorities of the municipality holding such election.
Registry Agents to File Complete List of Voters with County Clerk. Sec. 25. It shall be the duty of each and every registry agent, before receiving pay for his services as such, to send the county clerk of the county wherein he is serving a full and complete list of the registered voters in his precinct, with their ages and postoffice address.
County Clerk to Forthwith Certify Said Lists by Precincts to Secretary of State Sec. 26. It shall be the duty of each and every county clerk throughout the state upon receiving the said list of registered voters from the different registry agents of the different precincts in each county, to furnish forthwith a certified copy of said registry list, containing the names and postoffice address of the said registered voters in each and every county, by precincts, to the secretary of state, who shall upon receipt file the same in his office.
Death of Registry Agent-Duties of County Commissioners. Sec. 27. It shall be the duty of the chairman of the board of county commissioners of any county in this state upon receiving notice from any responsible citizen of the death or resignation of any registry agent in his county after the opening and prior to the closing of the books of registration, to immediately, without giving notice, appoint some competent person to fill such vacancy. |
Form of oath
Compensation of registry agents
Registry agents to file complete list of voters with county clerk
County clerk to forthwith certify said lists by precincts to secretary of state
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Death of registry agent; duties of county commissioners
Must qualify
Voters may register elsewhere in county
Legal voter, when considered
Name must be on check-list
For incorporated cities with 2,000 votes
Necessary books and stationery must be provided by county commissioners |
receiving notice from any responsible citizen of the death or resignation of any registry agent in his county after the opening and prior to the closing of the books of registration, to immediately, without giving notice, appoint some competent person to fill such vacancy.
Must Qualify. Sec. 28. It shall be the duty of such person so appointed to qualify within two days after receiving notice of such appointment.
Voters May Register Elsewhere in County. Sec. 29. In case of the failure of such persons so appointed to qualify within the time herein provided, voters may, upon producing evidence, as to their right to vote, be registered at any other precinct in said county.
Legal Voter, When Considered. Sec. 30. Any person so registered shall, upon presentation and surrender of a certificate of registration, signed by the registry agent of said precinct, be considered a legal voter in any precinct of said county in which he is otherwise entitled to vote.
Name Must Be on Check-List. Sec. 31. No person shall be entitled to vote at any election mentioned in this act unless his name shall, on the day of election, appear in the check-list furnished by the registry agent to the inspector of election of the election district at which he offers to vote and the fact that his name so appears in the check-list, and in the copy of the official register in the possession of the inspectors of election, shall be prima facie evidence of his right to vote; provided, that when the inspectors of election shall have good reason to believe, or when they shall be informed by a qualified elector, that the person offering to vote is not the person who was registered in that name, the vote of such person shall not be received until he shall have proved his identity as the person who was registered in that name. Sec. 32. The provisions of sections 33 to 38 of this act shall apply only to the registration of electors in any incorporated city within this state polling more than 2,000 votes at the last preceding general election, and are intended to be supplemental to the preceding sections of this act providing for the registration of the names of electors. Sec. 33. The county commissioners of the several counties shall provide for the registry agents, as now constituted by law, in their respective counties, when and where required, all proper and necessary books and stationery to carry out the provisions of this act. They shall furnish to each registry agent whose duty it is to register the electors in any incorporated city within the state, polling more than two thousand votes at the last preceding general election a book to be known as the Official Register, which shall be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to wit:
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as the Official Register, which shall be ruled in columns of suitable dimensions to provide for the following entries opposite the name of each elector, to wit: First-Number on the register. Second-Date of registry. Third-Name of elector. Fourth-Age and sex of elector. (Age may be given as over 21.) Fifth-Where born. Sixth-Number of ward or name of electoral district. Seventh-Description of residence. Eighth-Certificate of naturalization exhibited. Ninth-Signature of the elector. Tenth-Number of the identification statement. Eleventh-Designation of politics, as prescribed in section 11. Each column shall be so marked by printed or written words at the top thereof on each page of such official register as to indicate the nature of the entries to be made therein. Such official register shall be in such number of volumes as shall equal the number of voting or polling places in such incorporated city.
Signature of Elector-Questions To Be Answered by Elector Unable to Write. Sec. 34. In registering electors in any such incorporated city as mentioned in section 32 of this act, it shall be the duty of the registry agent to make the appropriate entries in each column of such official register, except in the ninth column, and in said ninth column it shall be the duty of the registry agent to procure from the elector his signature by having the elector sign therein his name in ink or indelible pencil; and the elector shall, with his own hand and without assistance, using an indelible pencil or ink, sign his name; provided, that if the elector alleges his inability so to sign, the registry agent shall read to the elector the following questions from a book to be furnished by the county commissioners and to be known as Identification Statements for Registration Day, and said registry agent shall write down in said book the answers of the elector to said questions, each answer being written after the question to which it is an answer. Said questions so read shall be the following: What is your name? What is or was your fathers full name? What is or was your mothers full name? What is your occupation? What is the name of your present employer? If unemployed, what is the name of your last employer? Where is or was his place of business? Are you married or single? |
Official register for cities of 2,000 votes
What register must exhibit
Signature of elector; questions to be answered by elector unable to write
Form of questions |
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Affidavit
Questions and answers transmitted to election board
Original official register delivered to election board |
Where did you actually reside immediately prior to taking up your present residence? At the bottom of each list of questions shall be printed the following statement: I certify that I have read to the above-named elector each of the foregoing questions and that I have truly recorded his answers as above to each of said questions, and said registry agent, who has made the above record, shall forthwith sign his name to said certificate and date the same. The above questions shall be printed on separate sheets of paper which shall be furnished said registry agent, bound together in book form and numbered consecutively, and the number corresponding to the number on each sheet, containing said list of questions shall be entered, when questions have been answered, in the tenth column in the official register of electors. Said book of identification statements shall be kept at all times by the registration agent or other proper officer or officers with the said official register.
Questions and Answers Transmitted to Election Board. Sec. 35. Each of said registration agents shall cause such registrations of electors and said questions for identification to be so kept that the same shall be in form to be transmitted to the inspectors of elections, and all the electors registering shall be classified according to the polling or voting places at which they are each respectively entitled to vote, and all electors entitled to vote at any particular polling-place in the same book, or have the questions put to them recorded in one book or bound together in such manner as the registry agent shall determine, and no electors entitled to vote at different polling-places shall be registered in the same book. And no change shall be made in polling-places which in any wise interferes with the purpose of this act.
Original Official Register Delivered to Election Board. Sec. 36. In addition to the books now required by law to be delivered by registry agents to the inspector or inspectors of elections, the registry agent shall deliver not later than the day preceding that on which the election is to be held, to some one of the inspectors of election in each polling or voting place in any such incorporated city, the original official register containing the names and original signatures of all electors registered and entitled to vote at such polling-place, together with the original or true and certified copies of the identification statements for all electors entitled to vote at such polling-place, if any there be.
Oath to Swear in Vote, When. Sec. 37. If any elector registered under the provisions of this act shall transfer to any other incorporated city mentioned in section 1 thereof, or if any duly registered elector shall transfer to any such incorporated city, after the closing of registration, and shall demand his right to vote at the election, |
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election, and shall, by reason of such transfer, not be able to be identified thereat by his signature taken at the time of registering as provided in the act, or by said identification statements, he shall, if his right to vote be challenged or questioned, before being given a ballot, prove to the satisfaction of the inspector or inspectors of election, by the oath of two qualified electors, that he is the same person who so registered in said other voting precinct and has been transferred and is mentioned in said certificate of transfer, which oath shall be reduced to writing and by the elector subscribed and sworn to before one of the inspectors of election, who shall also sign his name thereto in a book to be known as the Transfer Book, which shall be kept in the same manner as the other election books.
Signature of Voter at Polls, When-Identification Certificate. Sec. 38. At any and all elections hereafter to be held in any such incorporated city, if any person except as provided by section 5 demanding the right to vote shall be challenged, or his right to vote be questioned, he shall, before receiving a ballot, sign his name by his own hand and without assistance, using an indelible pencil or ink, in a book provided by the inspector of elections and to be known as the Signature Book and to be so labeled in printed or written words in ink, together with the name and description of the polling-place. If the elector on election day alleges his inability to so sign, then one of the election clerks, to be designated by the chairman of the election board or chairman of the inspectors of elections, if there be a chairman, if not then by any inspector of elections for such polling-place, shall read the same list of questions to the elector as were required to be read at the time of registration from a book to be provided for election day, and to be known as Identification Certificates for Election Day, and said clerk shall write the answers of the elector thereto. Each of these questions shall be numbered, and a number corresponding to the number on the statement sheet shall be entered opposite the name of the elector in the index book now provided for by law. The questions answered on registration day by the elector shall not be turned to until all the answers to said questions shall have been written down on election day by said election clerk. Any person who shall prompt a voter in answering any questions provided for in this act shall be guilty of a felony, and upon conviction shall be imprisoned in the penitentiary for not more than two years. At the bottom of each list of questions provided to be asked an elector on election day shall be printed or written the following statement: I certify that I have read to the above-named elector each of the foregoing questions and that I have truly recorded his answers as above to each of said questions, and said election clerk who has made the said record shall sign his name to the said certificates and date the same, and note the time of day of making such record. The comparison of signatures of an elector made on registration and election days, or the comparison of the answers made by an elector on registration and election days shall be had in full view of watchers, and the right to challenge electors shall exist until the ballots shall have been deposited in the ballot-box. |
Oath to swear in vote, when
Signature of voter at polls, when
Identification certificate |
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Certificate of clerk
By conventions
By petitions; 10 per cent of party vote at last election necessary
Certificates to be filed, where |
parison of signatures of an elector made on registration and election days, or the comparison of the answers made by an elector on registration and election days shall be had in full view of watchers, and the right to challenge electors shall exist until the ballots shall have been deposited in the ballot-box. If the signatures or answers as the case may be, made upon registration day do not correspond, in the judgment of a majority of the inspectors of election, then the person so offering to vote shall not be entitled to a ballot. And that shall be the only test as to whether the person offering to vote is the same person who registered under the name offered to be voted by such person so offering to vote. No other identification of electors shall be necessary nor permitted.
CHAPTER 3
Nominations for Public Offices Party Nominations. Sec. 39. A candidate for public office may be nominated by conventions of party delegates or by primary elections as provided by law.
Nominations by Petitions. Sec. 40. A candidate for public office may be nominated otherwise than by a primary election in the manner following: A certificate of nomination shall be signed by electors residing within the district or political divisions for which candidates are to be presented equal in number to at least ten per cent of the entire vote cast at the last preceding election in the state, district, or political division for which the nomination is to be made; provided, that such certificate shall not be valid unless signed by five voters. Said signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each certificate shall swear that the statements therein made are true, to the best of his knowledge and belief, and a certificate of such oath shall be annexed. Such certificate of nomination shall have the same effect as a nomination made by a primary election. The certificate of nomination as herein provided for shall state the name of the party or principle which the person nominated by petition of electors represents, but in so doing the name of no political party existing at the last preceding general election shall be used.
Certificates To Be Filed, Where. Sec. 41. Certificates of nomination of candidates for office to be voted for by the electors of the entire state shall be filed with the secretary of state. Certificates of nomination of candidates for all other public offices shall be filed with the clerks of the respective counties wherein the officers are to be voted for, and where a district embraces more than one county, such certificate shall be filed with the clerk of each of said counties. |
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Certificates to Embrace, What. Sec. 42. No certificate of nomination shall contain the name of more than one candidate for each office to be filled. No person shall join in nominating, under the provisions of section 40 of this act, more than one nominee for each office to be filled, and no person who has voted in a convention, either in person or by proxy, for or against a candidate for any office, shall join in nominating, in any manner, any other nominee for that office, and no person shall accept a nomination to more than one office.
Certificates, When and Where Filed. Sec. 43. Certificates of nomination required to be filed with the secretary of state shall be filed not more than sixty days and not less than forty-five days before the day of election; provided, that the certificates of nomination of candidates nominated otherwise than by convention may be filed at any time between the second Monday in July and the first Tuesday in September preceding said election. Certificates of nomination required to be filed with the county clerks shall be filed not more than fifty nor less than thirty days before the day of election.
Vacancies, How Filled. Sec. 44. Should a vacancy occur, from any cause, in the list of nominees for any office, such vacancy may be filled any time before the day of election by the committee to which has been delegated power to fill such vacancies. The chairman and secretary of such committee shall make out and file with the proper officer a certificate setting forth the name of the person nominated to fill the vacancy, the office for which he is nominated, the name of the person for whom the new nominee is to be substituted, and such further information as is required to be given in an original certificate of nomination. When such certificate is filed, the officer with whom it is filed shall substitute the name of the person therein for the original nominee by printing, if practicable, or by writing the name of the person there substituted.
CHAPTER 4
General Elections When Held. Sec. 45. A general election shall be held in the several election precincts in this state, on the Tuesday next after the first Monday of November, one thousand nine hundred and sixteen, and every two years thereafter, at which there shall be chosen all such officers as are by law to be elected in such year, unless otherwise provided for.
Duties of County Commissioners-Precinct Established, How and When-Number of Voters in Precinct. Sec. 46. It shall be the duty of boards of county commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate, and abolish the same as public convenience or necessity may require; |
Certificates to embrace, what
Certificates, when and where filed
Vacancies, how filled
General elections, when held |
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Duties of county commissioners
Precincts, how formed
Ten voters required to hold precincts
May vote in another precinct, when
Precincts under 50 votes must be one mile apart
No more than 400 votes in one precinct
Commissioners to appoint election officers
Sheriff to deliver poll-books and other supplies to inspector |
sioners to establish election precincts and define the boundaries thereof, and to alter, consolidate, and abolish the same as public convenience or necessity may require; provided- First-That no new precinct shall be established except upon the petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling-place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling-place or precinct. Second-That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding election therein shall be given. Third-All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections are given, shall be entitled to register and vote in the election precinct having a polling place nearest their residence, by the usual traveled route. Fourth-That no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county, unless there shall have been polled, at the said voting place, at the next preceding general election, not less than fifty votes. The several boards of county commissioners in the counties of this state in providing for and proclaiming election precincts shall so arrange and divide the voting places in the respective counties so that no greater number than four hundred voters shall vote in one precinct. It shall be the duty of said boards of county commissioners, at their first regular meeting in July preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons, possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct; and the clerk of said board shall forthwith make and deliver to said inspectors personally, notice thereof in writing, or deposit the same in the postoffice, registered, and postage prepaid, directed to the registry agent of the precinct for which each of said inspectors is appointed, and it shall be the duty of said registry agents, within ten days after the receipt thereof, to serve the same upon each of said inspectors of election.
Sheriff to Deliver Poll-Books and Other Supplies to Inspector. Sec. 47. It shall be the duty of the board of county commissioners to cause their clerks to furnish the sheriff with poll-books and all other supplies required to be provided by said board of inspectors and clerks of election, and the clerk shall at the same time deliver to the sheriff the ballot-boxes and keys, the official ballots, the sample ballots and printed instructions all together to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election. |
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at the same time deliver to the sheriff the ballot-boxes and keys, the official ballots, the sample ballots and printed instructions all together to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election.
Duties of Inspectors of Election-Penalty for Neglect. Sec. 48. If in any precinct any of such inspectors are unwilling to serve as inspectors they shall notify the board of county commissioners thereof within five days after the receipt of the notice of their appointment, who shall immediately appoint some suitable person to fill the vacancy and to serve at such election. A failure to notify the board of county commissioners of any unwillingness to serve as inspector, as herein provided, shall subject the person to a penalty of not less than ten nor more than one hundred dollars, to be sued for and recovered by said board of county commissioners, for the use of the county before any justice of the peace of such county. If, through any accident, sickness, or inability on the day of election, of such inspectors, or any one thereof, to serve, the inspector or inspectors present on the morning of the election may appoint some suitable person to fill the vacancy.
Duties of Inspectors of Election. Sec. 49. The said inspectors shall be and continue inspectors of all elections of civil officers to be held in their respective precinct, until other inspectors shall be appointed as hereinbefore directed; and the clerks of election may continue to act as such.
Election Officers To Be Sworn. Sec. 50. Previous to votes being taken, the inspectors and clerks of election shall, severally, take the prescribed official oath, and, in addition thereto, an oath or affirmation in the following form, to wit: I, A. B., do solemnly swear (or affirm), as the case may be, that I will perform the duties of inspector (or clerk, as the case may be) of the election to be held this day, according to law and to the best of my ability, and that I will studiously endeavor to prevent fraud, deceit, and abuse in any manner, in conducting the same. So help me God (or if an affirmation under the pains and penalties of perjury).
Who May Administer Oaths. Sec. 51. In case there shall be no judge or justice of the peace present at the opening of the election, or in case such judge or justice shall be appointed inspector or clerk of the election, they are hereby empowered to administer the oath or affirmation to each other, and to the clerks of the election, and the person administering the oath or affirmation shall cause an entry thereof to be made and subscribed by him in the poll-books. |
Duties of inspectors of election; penalty for neglect
Duties of inspectors of election
Election officers to be sworn
Form of oath
Who may administer oaths |
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Opening and closing polls
Ballot-boxes furnished
Ballot-boxes to be examined
Duties of officers of election |
Opening and Closing Polls. Sec. 52. At all elections to be held under this act, the polls shall be open at the hour of 8 oclock in the forenoon, and continue open until 6 oclock in the afternoon of the same day, at which time the polls shall be closed; provided, whenever at any election all the votes of the precinct as shown by the registry list, shall have been cast, the inspectors shall immediately close the polls and shall forthwith begin the counting of the ballots, and continue the same without unnecessary delay until the count is completed. Upon opening the polls, one of the clerks, under the direction of the inspectors, shall make proclamation of the same, and thirty minutes before closing of the polls, proclamation shall be made in like manner that the polls will be closed in half an hour; provided further, if at the hour of closing there are any voters in the polling-place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote. But no one who shall arrive at the polling-place after 6 oclock in the afternoon shall be entitled to vote, although the polls may be open when he arrives. No adjournment or intermission shall be taken except as provided in the case of election.
Ballot-Boxes Furnished. Sec. 53. There shall be provided and kept by the county commissioners of each county, at the expense of the county, a suitable ballot-box, with a lock and key, for each precinct, and they shall furnish the same to the inspectors of each election precinct or district within their county.
Ballot-Boxes To Be Examined. Sec. 54. There shall be an opening through the lid of each box of no larger size than shall be sufficient to admit a single folded ballot. Before opening the polls, the ballot-box shall be carefully examined by the inspectors of election, that nothing may remain therein; it shall then be locked and the key thereof delivered to one of the inspectors, to be designated by the majority thereof, and shall not be opened during the election, except in the manner and for the purpose hereinafter mentioned.
Duties of Officers of Election. Sec. 55. It shall be the duty of the inspectors of election, at each poll, at every election, to have before them a certified copy of the register of voters of the precinct or district for which they are the inspectors provided by law; and the inspector to whom any ticket may be delivered shall, upon receipt thereof, pronounce with an audible voice the name of the person offering to vote, and another one of the inspectors shall examine the certified copy of the register, and if the name of the person is found thereon, his ticket shall be put in the ballot-box without being inspected. The name of the elector shall then be checked on the certified copy of the register, and the clerks of election shall enter his name and number in the poll-book. |
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clerks of election shall enter his name and number in the poll-book. No person shall be permitted to vote whose name is not on the register, and who shall refuse to comply with the requirements of section 57 of this act. Said register shall be to said inspectors of election conclusive evidence of the right of the person to vote whose name appears upon the same; provided, that said inspectors of election may require any person to give true answers under oath or affirmation to all such questions as they may desire to ask touching the identity of the person with the name in or under which he may wish to vote; provided, that in all cases said ballots shall be printed on a good quality of white book paper.
County Commissioners to Determine Number of Deputy Sheriffs to Serve at Election. Sec. 56. It shall be the duty of the board of county commissioners of the several counties of the state to determine the number of special deputy sheriffs to be appointed by the sheriff of the several counties to serve at each election precinct, for the purpose of preserving order and making arrests, to be paid as other fees.
Who May Challenge-Oath of Elector on Challenge. Sec. 57. A person offering to vote may be orally challenged by any elector of the precinct, upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, in which the inspector or one of the judges shall tender him the following oath: You do swear (or affirm) that you are the person whose name is entered upon the registry list of this precinct. In case such person refuse to take the oath so tendered, he shall not be allowed to vote, and the clerks of the election shall write the word Challenged opposite the name of each person challenged upon the register.
Vote Canvassed, How. Sec. 58. As soon as the polls of election shall be finally closed the inspectors shall immediately proceed to canvass the vote given at such election; and the canvass shall be public and continue without adjournment until completed.
Vote Canvassed, When. Sec. 59. The canvass shall commence by a comparison of the poll-lists from the commencement, and a correction of any mistake that may be found therein, until they shall be found to agree. The box shall then be opened and the ballots contained therein taken out and counted by the inspectors, and opened so far as to ascertain whether each ballot is single; and if two or more ballots shall be found so folded together as to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed; and if, on comparison of the count with the poll-lists and the appearance of such ballots, a majority of the inspectors shall be of the opinion that the ballots thus folded together were voted by one elector, they shall be rejected, and carefully sealed up in an envelope, upon which shall be written the reason for their rejection, and shall be signed by the inspectors; and placed back in the ballot-box, to be retained with the other ballots. |
Proviso
County commissioners to determine number of deputy sheriffs to serve at election
Who may challenge; oath of elector on challenge
Vote canvassed, how
Vote canvassed, when |
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Ballot-box, how purged
Duties of the clerks of elections
Form of certificate
Disposition of ballots after canvass; disposition of returns and ballot-box |
upon which shall be written the reason for their rejection, and shall be signed by the inspectors; and placed back in the ballot-box, to be retained with the other ballots.
Ballot-Box, How Purged. Sec. 60. If the ballots in the box shall be found to exceed in number the whole number of votes on the poll-lists, they shall be replaced in the box, after being purged as above, and one of the inspectors, with his back turned to the box, shall publicly draw out and destroy therefrom so many ballots, unopened, as shall equal the excess.
Duties of the Clerks of Elections. Sec. 61. The ballots and poll-lists agreeing, or being made to agree, the board shall then proceed to count and ascertain the number of votes cast, and for whom cast, and when completed the clerks shall set down in their poll-books the name of every person voted for, written at full length, the office for which such person received such votes, and the number he did receive, the number being expressed in writing at full length, and also in figures; such entry to be made, as nearly as the circumstances will admit, in the following form, to wit: At an election held at the house of A. B., in the town (or precinct) of ., in the county of ., and the State of Nevada, on the .day of , A. D. , the following-named persons received the number of votes annexed to their respective names for the following-described office, to wit: A. B. had .votes for member of Congress. C. D. had .votes for state treasurer E. F. had .votes for state controller. G. H. had .votes for state superintendent of public instruction. I. J. had .votes for member of state senate. K. L. had .votes for member of the assembly. (And in like manner for any person voted for.) Certified by us: M. N., O. P., Q. R., Inspectors of Election. Attest: A. B., C. D., Clerks of Election. The vote for and against any question submitted to the electors shall be certified and returned in the same manner.
Disposition of Ballots After Canvass-Disposition of Returns and Ballot-Box. Sec. 62. The inspectors shall file the ballots on a string, enclose and seal the same, together with one of the tally-lists and one of the poll-books, under cover, directed to the clerk of the board of county commissioners of the county in which such election was held, or such other officer as is herein provided, indorsed Election Returns; provided, that if said clerk of the board of county commissioners, as county clerk, or any one of the following-named county officers was voted for office at the last election, he shall not be the custodian of such election returns, but such returns shall be directed and delivered to the county officer who was not a candidate and voted for office in the following order: Second-The county recorder. |
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vided, indorsed Election Returns; provided, that if said clerk of the board of county commissioners, as county clerk, or any one of the following-named county officers was voted for office at the last election, he shall not be the custodian of such election returns, but such returns shall be directed and delivered to the county officer who was not a candidate and voted for office in the following order: Second-The county recorder. Third-The county treasurer. Fourth-The county assessor. Fifth-The chairman of the board of county commissioners. Sixth-One of the county commissioners. And said custodian shall comply with the provisions of section 70 of this act. The packet thus sealed shall be forthwith conveyed by one of the inspectors or clerks of election, to be determined by lot, if they cannot otherwise agree, or by some person to be agreed upon by the inspectors, and delivered to said clerk of the board of county commissioners, or the county officer as herein provided, at his office. The poll-book, tally-list, certified copy of register, ballot-box and ballots thus enclosed and sealed shall after the canvass of the votes by the board of county commissioners, be deposited in the office of the board of county commissioners, and preserved until the next general election. The other poll-books and tally-lists shall be deposited with one of the inspectors of election, to be determined by lot, if not otherwise determined, agreed upon, and said poll-book or tally-list deposited with the board of county commissioners, shall be subject to the inspection of any elector, at any time thereafter, who may wish to examine the same; provided, however, that the ballots so deposited with the board of county commissioners shall not be subject to the inspection of any one, except in cases of contested elections, and then only by the judge, body, or board before whom such election is being contested.
Duties of Inspectors of Election. Sec. 63. In precincts which are by the usually traveled route more than fifty miles distant from the county-seat, and wherein less than fifty voters shall be registered for that election, the inspectors shall, before they adjourn, post conspicuously at the polling-place a bulletin signed by each of them, stating the number of ballots cast for each candidate and for and against each question which has been voted upon.
Rejected Ballots Counted on Separate Tally-Sheet-To Be Posted. Sec. 64. Before the close or final adjournment of any board of election in any voting precinct in this state, the inspectors shall canvass and count any and all ballots rejected by them, on a separate tally-sheet, in the same manner as legal ballots are now canvassed and counted, and transmit said sheet to the board of county commissioners in the ballot-box or by mail as provided in section 66, with the other papers and documents, and the result of the vote cast for any and all candidates, and on any and all questions submitted, so far as can be determined, shall be posted immediately thereafter in some conspicuous place on the building in which the election is held, a duplicate copy of which shall be placed in the ballot-box with the other election returns and papers, to the board of county commissioners, and the county clerk shall keep a record of the same. |
Proviso
Duties of inspectors of election
Rejected ballots counted on separate tally-sheet |
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Result of election to be posted
Unlawful for inspector to put mark on ballot; exception
Disposition of ballots, poll-books, and tally-lists
Expenses, how paid
Custody of ballots |
candidates, and on any and all questions submitted, so far as can be determined, shall be posted immediately thereafter in some conspicuous place on the building in which the election is held, a duplicate copy of which shall be placed in the ballot-box with the other election returns and papers, to the board of county commissioners, and the county clerk shall keep a record of the same.
Unlawful for Inspector to Put Mark on Ballot-Exception. Sec. 65. It shall be unlawful for any clerk or inspector of election to place any mark whatsoever upon any ballot other than a spoiled ballot; provided, however, that when such clerks or inspectors of election shall reject a ballot for any alleged defect or illegality, it shall be the duty of such inspectors of election to certify over their signatures upon the back of each and every ballot rejected that such ballot or ballots were in fact rejected, and briefly stating their reasons therefor.
Dispositions of Ballots, Poll-Books, and Tally-Lists. Sec. 66. They shall also, in precincts mentioned in section 63, before they adjourn, seal the ballots in a strong envelope, writing across the back thereof the words, Ballots (here give the name) Precinct, and also sign the names thereon. They shall then place the envelope containing the ballots, together with one of the tally-lists and one of the poll-books, in a sealed package, the weight of which, including the wrapper or box, must be less than the limit of weight allowed to be transmitted by mail. They shall then address the same to the proper officer at the county-seat, stating in writing on the outside of the package the contents thereof, and deliver it to one of their number, to be chosen by lot, who shall immediately, without opening it or permitting it to be opened, deliver it to the nearest postmaster and pay the postage thereon, and have the package registered.
Expenses, How Paid. Sec. 67. The inspector who delivers the package shall be paid the amount expended by him in paying the postage on the package, and fifteen cents per mile for going to and fifteen cents per mile for returning from the postoffice, in the same manner and out of the same fund as other election expenses are paid; provided, that no such mileage shall be paid unless the total distance necessarily traveled in going and returning be greater than two miles.
Custody of Ballots. Sec. 68. In cases where section 63 of this act shall apply, the ballots shall, after they reach the county-seat, be kept in sealed packages by the proper officer, instead of in the ballot-boxes.
Custody of Ballot-Box. Sec. 69. In precincts mentioned in section 63, the ballot-box may remain in the custody of the inspectors until the next election, when it shall be turned over to the inspectors of said election, and in such cases the tally-lists, poll-books, and other books and papers may be sent in sealed packages by registered mail to one of the inspectors. |
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box may remain in the custody of the inspectors until the next election, when it shall be turned over to the inspectors of said election, and in such cases the tally-lists, poll-books, and other books and papers may be sent in sealed packages by registered mail to one of the inspectors.
County Commissioners to Canvass-Tie-Recount-New Election, When. Sec. 70. On the tenth day (or if that day shall fall on Sunday, then on the Monday following) after the close of any election, or sooner, if all the returns be received, the board of county commissioners shall proceed to open said returns and make abstracts of the votes. Such abstract of votes for United States senator and for member or members of Congress shall be on one sheet; the abstract of votes for presidential electors shall be on one sheet; the abstract of votes for members of the legislature shall be on one sheet; and the abstract of the votes for district and state officers shall be on one sheet; and the abstract of votes for county and township officers shall be on one sheet; and the abstract of votes upon any questions shall be on one sheet. And it shall be the duty of the board of county commissioners to cause a certificate of election to be made out by the respective clerks of said board of county commissioners to each of the persons having the highest number of votes for members of the legislature, district, county, and township offices, respectively, and to deliver such certificate to the person entitled to it on his making application to said clerk at his office; provided, that when a tie shall exist between two or more persons for the senate or assembly, or any other county, district, or township officer, any of said persons shall have the right to demand of the board of county commissioners a recount of all the ballots cast for them for the office for which they were candidates; and provided further, that if after said recount has been had, the vote between them or any of them shall still remain a tie, the board of county commissioners shall order their clerk to give notice to the sheriff of the county who shall immediately advertise another election, giving at least ten days notice. And it shall be the duty of the said clerk of said board of county commissioners of said county, on the receipt of the return of any general or special election to make out his certificate of election; stating therein the compensation to which the inspectors and clerks of election may be entitled by law for their services and lay the same before the board of county commissioners at their next session; and the said board shall order the compensation aforesaid, if correct, to be paid out of the county treasury.
Penalty for Malfeasance-Canvass for State Officers. Sec. 71. The board of county commissioners, after making the abstract of votes, as provided in section 70, shall cause their clerk, by an order made and entered in the minutes of their proceedings, to make a copy of said abstract, and forthwith transmit the same to the secretary of state at the seat of government. |
Custody of ballot-box
County commissioners to canvass
Tie
Recount
New election, when
Penalty for malfeasance |
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Canvass for state officers
Information, how treated
Messenger may be employed, when and by whom |
with transmit the same to the secretary of state at the seat of government. If the board of county commissioners shall neglect or refuse to make the order, as required by this act, they, and each of them, shall be guilty of a misdemeanor in office, and shall on conviction thereof, be liable to a fine of not less than one hundred dollars, nor more than five hundred dollars, each, and imprisonment in the county jail for not less than ten and not more than one hundred days each, or both such fine and imprisonment, and shall be removed from office. And on the third Monday of December succeeding such election, the chief justice of the supreme court and the associate justices, or a majority thereof, shall meet at the office of the secretary of state, and shall open and canvass the vote for United States senator and members of Congress, district and state officers; and for and against any questions submitted. The governor shall grant a certificate of election to and commission the persons having the highest number of votes and shall also issue proclamations, declaring the election of such persons. But in case there shall be no choice, by reason of any two or more persons having an equal and the highest number of votes for the same office, the senate and assembly shall convene in the assembly chamber, on the second Monday of February, at the next regular session of the legislature after such election, and by joint vote of both houses, elect one of said persons to fill said offices; provided, when an election for electors of president and vice-president of the United States takes place, the vote thereof shall be canvassed at the same time and in the manner aforesaid.
Information, How Treated. Sec. 72. No certificate shall be withheld on account of any defect or informality in the returns of any election, if it can with reasonable certainty be ascertained from such returns what office is intended and who is entitled to such certificate; nor shall any commission be withheld by the governor or board of county commissioners on account of any such defect or informality of any returns made to the office of the secretary of state or to the board of county commissioners.
Messengers May Be Employed, When and by Whom. Sec. 73. If the returns of the election of any county in the state shall not be received at the office of the secretary of state on or before said third Monday of December succeeding such election, the said secretary may forthwith send a messenger to the clerk of the board of county commissioners of such county, whose duty it shall be to furnish said messenger with a copy of such returns, and the said messenger shall be paid out of the treasury of such county the sum of twenty cents for each mile he shall necessarily travel in going to and returning from said county. Whenever it shall be necessary, in the opinion of the board of county commissioners, to employ a messenger to convey the returns to the seat of government, and deliver them to the secretary of state, the person performing such service shall also be entitled to receive, as compensation, mileage at the rate of twenty cents per mile, computing the distance from the county-seat to the seat of government by the usual traveled route. |
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ing such service shall also be entitled to receive, as compensation, mileage at the rate of twenty cents per mile, computing the distance from the county-seat to the seat of government by the usual traveled route.
Duties of County Commissioners. Sec. 74. When two or more counties are united in one senatorial, representative, or judicial district for the election of any officers, the board of county commissioners of each county shall canvass the votes, according to law, of the voters of their respective counties for said officer or officers; and the commissioners of the county whose initial is the lowest on the alphabet shall transmit to the commissioners of the county of the highest initial a copy of the abstract of the votes for such officer or officers, when the said last commissioners shall make a final abstract and aggregate of said votes, and shall proceed to cause to be issued certificates of election, and otherwise to act as is provided in this and the two preceding sections.
Duties of County Clerks in Transmitting Returns. Sec. 75. Whenever the returns are required to be transmitted by one clerk of the board of county commissioners to the secretary of state, it shall be the duty of such clerk, if not otherwise directed by the board of county commissioners, to deliver the same to some postmaster of the county, at the postoffice, to be transmitted by mail, taking from such postmaster, if it can be obtained, a certificate setting forth the time when such reports were deposited in the postoffice, which certificate the clerk shall file in his office. If the clerk of the board of county commissioners should neglect or refuse to make out and transmit the returns or abstract, as required by this act, he shall be deemed guilty of a misdemeanor in office, and, upon conviction thereof, shall be fined in any sum not less than one hundred dollars, or more than five hundred dollars, and imprisonment in the county jail for not less than one month, or more than six months, or both such fine and imprisonment, in the discretion of the court, and shall be removed from office.
Per Diem of Inspector and Clerk of Election-Mileage of Messenger. Sec. 76. There shall be allowed out of the county treasury of such county to each inspector and each clerk of election five dollars per diem, but in no case to exceed twenty dollars for all services required by law to be performed by each of them at any one election. And to the person carrying the poll-books from the place of election to the clerks office the sum of fifteen cents per mile for going and fifteen cents per mile for returning, to be paid out of the county treasury.
AUSTRALIAN BALLOT LAW Ballots, How Provided. Sec. 77. All ballots cast in elections for public officers within this state shall be printed and distributed at public expense, as hereinafter provided. |
Duties of county commissioners
Duties of clerks in transmitting returns
Per diem of inspector and clerk of election; mileage of messenger
Australian ballot law |
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Ballots printed at county expense
Duties of Secretary of State
Nominations, how published
Secretary of state to certify constitutional amendment to county clerk |
expense, as hereinafter provided. The printing of general tickets and cards of instruction for the electors of each county, and the delivery of the same to the election officers, as provided for in this act, shall be a county charge, the payment of which shall be provided for in the same manner as the payment of other county expenses, and in case of separate elections for city, town, or district officers, the printing and delivery of tickets and cards of instruction shall be a charge upon the city, town, or district in which said tickets and cards are to be used, the payment of which shall be provided for in the same manner as the payment of other city, county, or district expenses.
Duties of Secretary of State. Sec. 78. Not less than thirty-five days before an election to fill any public office, the secretary of state shall certify to the county clerk of each county within this state the name of each person, and the name of the office for which he is nominated, as specified in the certificate of nomination filed with him.
Nominations, How Published. Sec. 79. Not less than ten days before an election to fill any public office or offices, the county clerk shall cause to be published all the nominations certified to or filed with him. Said nominations shall be published in a newspaper printed within the county. When no newspaper is printed within the county, the publication shall be made by posting a copy of the ballot in a public place in each election precinct within the county, one of which copies shall be posted at the courthouse door. When publication is made by printing in newspapers, at least two publications by such newspaper shall be required, one of which shall appear in the last regular issue of such paper before election day.
Secretary of State to Certify Constitutional Amendment to County Clerk-Punishment for Neglect. Sec. 80. When any proposed constitution, constitutional amendment, or other question is to be submitted to the popular vote, the secretary of state shall, within ninety days before the election at which such constitution, constitutional amendment, or question is to be voted upon, certify the same to each county clerk of this state, assigning to each question or constitutional amendment a number by which it shall be designated, as provided in section 82 of this act, sending to each of said clerks enough copies of such constitution, constitutional amendments, or other questions to supply each inspector of election and enough additional copies to carry out the provisions of this act. And it is hereby made the duty of the county clerks of each county to have posted, ten days before the election, in each election precinct, three copies of said constitution, constitutional amendments, or other questions to be voted on, one of which copies shall be posted at the place of holding the polls. If there is a newspaper published in the county, the county clerk shall cause to be published said constitution, constitutional amendment, or other question therein three times; one publication thereof shall be at least thirty days before election; another not less than twenty days; and the other not more than ten days before said election. |
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county, the county clerk shall cause to be published said constitution, constitutional amendment, or other question therein three times; one publication thereof shall be at least thirty days before election; another not less than twenty days; and the other not more than ten days before said election. Any secretary of state or county clerk of this state who shall fail to comply with the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be fined in a sum not less than $100, nor more than $500.
Duties of County Clerk and Secretary in Relation to Ballots. Sec. 81. It shall be the duty of the county clerk to provide printed ballots for every election for public offices, in which any voters within the county participate, and to cause to be printed in the ballot prescribed herein, the name of each and every candidate whose name has been certified to, or filed with him, as provided in this act. Ballots, other than those printed, as provided in this act, shall not be cast, or counted, in any election. All ballots shall be printed on tinted paper, furnished by the secretary of state. It shall be the duty of the secretary of state to obtain and keep on hand a sufficient supply of such paper for ballots, and to furnish the same in quantities ordered to any county clerk. Said paper shall be water-marked with a design furnished by the secretary of state, in such manner that the said water-mark shall be plainly discernible on the outside of such ballot when properly folded. Such design shall be changed for each general election, and the same design shall not be used again at any general election within the space of eight years, but at any special or separate local election paper marked with the design used at any previous election may be used.
Ballot, How Printed, Numbered, and Ruled-Specifications as to Type, Etc. Sec. 82. On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no writing or printing, except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of candidates are printed in separate columns, the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name. The names of the candidates for each office shall be arranged under the designation of the office in alphabetical order, according to the surname, except that the names of candidates for presidential electors shall be arranged in groups as presented in the several certificates of nomination, the political designation of each candidate except in the case of candidates for judicial offices, shall be printed opposite his name. |
Penalty for neglect
Duties of county clerk and secretary in relation to ballots
Ballot, how printed, numbered, and ruled; specifications as to type, etc. |
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Questions specially numbered
Number of ballots, and how bound
Number of ballots per registered voter
Duties of county commissioners
Duties of officers on loss or destruction of ballots |
the surname, except that the names of candidates for presidential electors shall be arranged in groups as presented in the several certificates of nomination, the political designation of each candidate except in the case of candidates for judicial offices, shall be printed opposite his name. There shall be a margin at the right-hand side of the names at least one-half inch wide, so that the voter may clearly indicate in the way hereinafter described the candidate or candidates for whom he wishes to vote. Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot, in such manner as to enable the electors to vote upon the question in the manner hereinafter provided, with a brief statement of the purport of such question. Before every question or constitutional amendment to be voted on, there shall be placed a number, to be designated by the secretary of state, in bold-faced type, not smaller than 24-point. There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidate, such as Vote for One, Vote for Three, and the like.
Number of Ballots, and How Bound. Sec. 83. All ballots when printed shall be bound in stub-books of five, ten, twenty-five, fifty, and one hundred ballots each. A record of the number of ballots printed for them shall be kept by the respective county clerks.
Number of Ballots per Registered Voter. Sec. 84. The county clerk shall provide for each election precinct in the county at least two ballots for each voter registered therein, and not more than five ballots in excess thereof.
Duties of County Commissioners. Sec. 85. Whenever it shall appear, by affidavit, that an error or omission has occurred in the publication of the name or description of any of the candidates nominated, or in the printing of the ballots, any member of the board of county commissioners, upon application by any voter, shall issue an order requiring the county clerk to correct such error.
Duties of Officers on Loss or Destruction of Ballots. Sec. 86. Before the opening of the polls, at any election, the county clerk shall cause to be delivered to the board of election of each election precinct in his county the proper number of tickets of the kind to be used in the election precinct. In case of prevention of an election in any precinct by reason of the loss or destruction of the ballots intended for that precinct, or for any other cause, the inspector or other election officer for the precinct shall make an affidavit setting forth the fact and transmit it to the governor of the state. Upon receipt of such affidavit, and upon the application of any candidate for any office to be voted for by the voters of such precinct, the governor shall order a new election in such precinct. |
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Clerks of Election, How Selected. Sec. 87. At the same time and in the same manner as inspectors and judges of election are now appointed in this state, there shall be appointed two clerks of election, who shall have charge of the ballots on election day, and shall furnish them to the voters in the manner hereinafter provided for. Said clerks of election shall possess the same qualifications and receive the same compensation as inspectors of election. Said clerks shall be selected from the political parties which polled the largest and the next largest votes in the precinct at the last preceding general election.
Booths and Ballot-Box Provided. Sec. 88. The board of county commissioners shall provide, at each polling-place within the county, a sufficient number of places, booths, or compartments, in which voters may conveniently mark their ballots, that in the marking thereof they may be screened from the observation of others, and a guard-rail shall be so placed that only such persons as are inside said rail can approach within six feet of the ballot-box and of such booths or compartments. The arrangement shall be such that neither the ballot-box nor the booths or compartments shall be hidden from the view of those just outside the guard-rail. The number of such booths or compartments shall not be less than one for each fifty or fraction of fifty voters registered in the precinct. Each of said booths or compartments shall be kept provided with proper supplies and conveniences for marking ballots. No person other than voters engaged in receiving, preparing, or depositing their ballots, shall be permitted inside said guard-rail during the time the polls are open, except by authority of the board of election, and in that case only for the purpose of keeping order and enforcing the law.
How to Vote. Sec. 89. Any person desiring to vote shall give his name and address to one of the clerks of election, who shall announce the same, and if the other clerks shall find the name upon the registry list, he shall repeat the name and address. One ballot shall then be given to the voter, and the number of the said ballot shall be written by one of the clerks of election upon the registry list opposite the name of the voter receiving it.
Ballot, How Prepared-Marking Done with Stamp. Sec. 90. On receiving his ballot the voter shall immediately retire alone to one of the places, booths, or compartments. He shall prepare his ballot by stamping a cross or X in the square, and in no other place, after the name of the person for whom he intends to vote for each office. In case of a constitutional amendment or other question submitted to the voters, the cross or X shall be placed in the square after the answer which he desires to give. Such stamping shall be done only with a stamp in black ink, which stamp, ink, and ink-pad shall be furnished in sufficient number by the county clerk for each election precinct in the county. |
Clerks of election, how selected
Booths and ballot-box provided
How to vote
Ballot, how prepared; marking done with stamp |
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How to fold ballot
Ten minutes to prepare ballot
Spoiled ballot, how treated
Who may be assisted
Kind of ballots to be deposited |
furnished in sufficient number by the county clerk for each election precinct in the county. Before leaving the booth or compartment the voter shall fold his ballot in such manner that the water-mark and the number of the ballot shall appear on the outside, without exposing the stamps upon the ballot, and shall keep it so folded until he has voted. Having folded his ballot, the voter shall deliver it to the inspector, who shall announce the name of the voter and the number of his ballot. The clerk having the registry list in charge, if he finds the number to agree with the number of the ballot delivered to the voter, shall repeat the name and number, and shall mark opposite the name the word Voted. The inspector shall then separate the strip bearing the number from the ballot, and shall deposit the ballot in the ballot-box. Said strip and number shall be immediately destroyed.
Ten Minutes to Prepare Ballot. Sec. 91. But one person shall occupy any one booth or compartment at one time, and no person shall remain in a booth or compartment longer than may be necessary to prepare his ballot, and in no case longer than ten minutes.
Spoiled Ballot, How Treated. Sec. 92. Any voter who shall accidentally spoil a ballot may return such spoiled ballot to the clerk of election, and receive another one in its place. All the ballots thus returned shall be immediately canceled by writing the word Canceled across the face of the ballot, and, with those not distributed to the voters, shall be returned with the election returns. A voter who does not vote the ballot delivered to him shall, before leaving the space inside the guard-rail, return such ballot to the clerks, who shall immediately cancel the same and return it in the same manner as a spoiled ballot. The clerks of election shall account for the ballots delivered to them, by returning a sufficient number of unused and spoiled ballots to make up, when added to the number of official ballots cast, the number of ballots delivered to them.
Who May Be Assisted. Sec. 93. A voter who declares under oath, that by reason of physical disability, he is unable to mark his ballot, shall, at his request, be permitted to receive the assistance, in such marking, of any elector, other than an election officer, but no person shall be permitted to go inside the guard-rail as an assistant to more than one voter.
Kind of Ballots To Be Deposited. Sec. 94. No ballots shall be deposited in the ballot-box unless water-mark, as hereinbefore provided, appears thereon, and unless slip containing the number of the ballot has been removed therefrom by the inspector.
Sample Ballots-Instructions to Voters To Be Posted. Sec. 95. The county clerk shall cause to be printed on plain white paper, without water-mark or endorsement, except the words Sample Ballot, at least one-half as many copies of the form of ballot provided for use in each precinct as there shall be registered voters in any election precinct. |
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white paper, without water-mark or endorsement, except the words Sample Ballot, at least one-half as many copies of the form of ballot provided for use in each precinct as there shall be registered voters in any election precinct. And said county clerks shall furnish to each board of election, as many sample ballots as there shall be registered voters in said precinct, and on election day, the board of election shall furnish each voter on application one such sample ballot. Said county clerk shall also cause to be printed in plain type on cards, instructions for the guidance of voters for obtaining and marking their ballots. He shall furnish twelve such cards to the boards of election of each election precinct in the county, at the time and in the manner that ballots and sample ballots are furnished. The board of election shall post at least one of such cards in each booth provided for the preparation of ballots, and not less than three of such cards at other public places in and about the polling places on the day of election. There shall be printed on such cards sections twenty-seven, twenty-eight, twenty-nine, and thirty of this act.
Kind of Ballots To Be Counted-Kind Rejected. Sec. 96. In counting the ballots any ballot not bearing the water-mark, as provided in this act, shall not be counted, but such ballot must be preserved and returned with the other ballots. When a voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voters choice for any office, his vote for such office shall not be counted. Any ballot upon which appears names, words, or marks, written or printed, except as in this act provided, shall not be counted. But nothing in this act shall be construed as grounds for the rejection of a ballot where the intention of the voter is clear and where marks on the ballot cannot be definitely shown to be intentional distinguishing marks, characters, or words.
County Clerks to Have Ballots Printed at Newspaper or Printing Office Within County, or State. Sec. 97. The county clerks of the several counties of this state shall supervise the printing of the ballots, and such ballots shall be printed at some newspaper or printing office in the county where the ballots are to be voted, and in case there is no newspaper or printing office in the county in which the work can be done, then said clerk is hereby authorized, empowered, and directed to have said printing done in any newspaper or printing office in the state; provided, that the cost of printing said ballots shall not exceed the sum of fifty dollars per thousand.
Duties of Secretary of State and County Clerks. Sec. 98. It shall be the duty of the secretary of state to cause to be printed in pamphlet form a requisite number of copies of this act, with marginal notes and properly indexed, a suitable number of which shall be forwarded by him to the county clerks of the several counties of this state at least sixty days previous to the holding of any general election, and at least twenty days previous to the holding of any special election; and it is hereby made the duty of said county clerks to enclose in each and every ballot-box sent out by them, to be used at the various precincts of their respective counties, five or more copies of said act, as in their judgment they may deem proper. |
Sample ballots; instructions to voters to be posted
Kind of ballots to be counted; kind rejected
County clerks to have ballots printed at newspaper or printing office within county, or state
Duties of secretary of state and county clerks |
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Fraudulent voting a felony
Perjury, and penalty for
Betting on elections |
county clerks of the several counties of this state at least sixty days previous to the holding of any general election, and at least twenty days previous to the holding of any special election; and it is hereby made the duty of said county clerks to enclose in each and every ballot-box sent out by them, to be used at the various precincts of their respective counties, five or more copies of said act, as in their judgment they may deem proper.
Fraudulent Voting a Felony. Sec. 99. Any person who shall vote or offer to vote, at any election mentioned in this act, but who shall not be a qualified elector, or any person who, being a qualified elector, shall vote, or offer to vote, in the name of any other registered elector, shall be deemed guilty of a felony, and on conviction thereof before any court of competent jurisdiction, shall be punished by imprisonment in the state prison for not less than one nor more than three years; and any person who shall wilfully cause, or endeavor to cause, his name to be registered in any other election district than that in which he resides, or will reside prior to the day of the next ensuing election; and any person who shall cause or endeavor to cause, his name to be registered, knowing that he is not a qualified elector, or will not be a qualified elector on or before the day of the next ensuing election, in the election district in which he causes or endeavors to cause such registry to be made; and any other person who shall induce, aid, or abet any such person in the commission of either of such acts in this section enumerated and described, shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by confinement in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment, in the discretion of the court.
Perjury, and Penalty For. Sec. 100. All wilful, corrupt, and false swearing or affirming before any registry agent shall be deemed perjury, and on conviction shall be punished as such. If any registry agent, or any other person in any manner concerned, shall wilfully and corruptly violate any of the provisions of this act, the penalty for which is not herein specifically prescribed, he shall be punished for each and every offense whereof he shall be duly convicted, by imprisonment in the state prison for a term not less than one year nor more than five years, or by fine of not less than one hundred nor more than one thousand dollars, or both such fine and imprisonment, in the discretion of the court.
Betting on Elections. Sec. 101. Every person who makes, offers, or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor. |
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ber of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor.
Neglect or Refusal of Duty. Sec. 102. Every person charged with the performance of any duty under the provisions of any law of this state relating to elections, who wilfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, shall be deemed guilty of a felony, and punishable by a fine of not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment.
Misdemeanor-Penalty. Sec. 103. Every person who after being required by the board of judges at any election, refuses to be sworn, or who, after being sworn, refuses to answer pertinent question propounded by such board, touching his right, or the right of any other person to vote, is guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment.
Fraud on Ballot-Box-Felony-How Punished. Sec. 104. Every person not entitled to vote who fraudulently votes, and every person who votes more than once at any election, or knowingly hands in two or more tickets folded together, or changes any ballot after the same has been deposited in the ballot-box, or adds, or attempts to add, any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot-box before or after the ballots therein have been counted or adds to or mixes with, or attempts to add or mix with the ballots lawfully provided, other ballots while the same are being counted or canvassed, or abstracts any ballots lawfully polled at any other time with intent to change the result of such election, or carries away or destroys, or attempts to carry away or destroy any poll-list or ballots, or ballot-box, for the purpose of breaking up or invalidating such election, or wilfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with voters lawfully exercising their right of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, shall be guilty of a felony, punishable by a fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment.
Fraudulent Voting-Penalty. Sec. 105. Every person not entitled to vote who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who procures, aids, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, shall be guilty of a misdemeanor, punishable by a fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding sixty days, or by both such fine and imprisonment. |
Neglect or refusal of duty
Misdemeanor
Penalty
Fraud on ballot-box
Felony, how punished
Fraudulent voting |
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Penalty
Misdemeanor to violate secrecy of ballot
Forging returns a felony
Bribery, intimidation, or menace
Penalty |
assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, shall be guilty of a misdemeanor, punishable by a fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding sixty days, or by both such fine and imprisonment.
Misdemeanor to Violate Secrecy of Ballot-Forging Returns a Felony. Sec. 106. Every inspector, judge, or clerk of an election who, previous to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of any elector which has been handed in, to be opened or examined previous to putting the same into the ballot-box, or makes or places any mark or device on any folded ballot, with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have voted for by such elector, is punishable by a fine of not less than fifty not more than five hundred dollars. Every person who forges or counterfeits the returns of an election purporting to have been held at a precinct, town, or ward, when no election was in fact held, or wilfully substitutes forged or counterfeit returns of election in place of the true returns of a precinct, town or ward where an election was actually held, is punishable by imprisonment in the state prison for a term of not less than two nor more than ten years.
Bribery, Intimidation, or Menace-Penalty. Sec. 107. Every person, who by force, threats, menaces, bribery, or any corrupt means, either directly or indirectly, attempts to influence any elector in giving his vote, or to deter him from giving the same, or attempts by any means to awe, restrain, hinder, or disturb any elector in the free exercise of the right of suffrage, or furnishes an elector wishing to vote, who cannot read, with a ticket, informing or giving such elector to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any elector at such election by deceiving and causing such elector to vote for a different person or any office than he intended or desired to vote for, or who, being inspector, judge, or clerk of any election, while acting as such, induces or attempts to induce, any elector either by menace or reward, or promise thereof, to vote different from what such elector intended or desired to vote, shall be guilty of a felony, punishable by a fine not exceeding one thousand dollars, or imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment.
Promoters of Candidates Punished-Penalty. Sec. 108. Every person who, with the intent to promote the election of himself, |
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the election of himself, or any other person, either, First-Furnishes entertainment at his expense to any meeting of electors previous to or during an election; Second-Pays for, procures, or engages to pay for any such entertainment; Third-Furnishes or engages to pay or deliver any money or property for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, except for the conveyance of voters who are sick or infirm; Fourth-Furnishes or engages to pay or deliver any money or property for any purpose intended to promote the election of any candidate, except for the expenses or holding and conducting public meetings, for the discussion of public questions, and of printing and circulating ballots, handbills, and other papers previous to such election-shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars, or imprisonment not exceeding six months in the county jail.
Bribery or Attempt to Bribe a Felony. Sec. 109. Every person who gives or offers a bribe to any officer or member of any legislature, caucus, political convention, committee, primary election, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, shall be guilty of a felony, punishable by a fine not exceeding five thousand dollars, or ten years imprisonment in the state prison, or both such fine and imprisonment.
Contingent Promises of Appointment. Sec. 110. Every person who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, position, or employment as an inducement or consideration to any person to vote for, or procure or aid in procuring the election of such candidate, or person not being a candidate, who communicates any offer made in violation of this and the preceding section, to any person with intent to induce him to vote for, or to procure or aid in procuring the election of the candidate, shall be deemed guilty of a felony, punishable by imprisonment not exceeding five years, or a fine not exceeding five thousand dollars, or by both such fine and imprisonment.
Sale of Liquor Prohibited. Sec. 111. No person shall sell, give away, or furnish, or cause to be sold, given away, or furnished, either for or without pay, within this state, on any day upon which a general election is held, or within the limits of any county, or city, or on any day upon which any special or municipal election is held therein, any spirituous, malt, or fermented liquors or wines; |
Promoters of candidates punished
Penalty
Bribery or attempt to bribe a felony
Contingent promises of appointment
Sale of liquor prohibited |
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Duties of governor; rewards offered
Misdemeanor to interfere with election supplies
Neglect of public officer, how punished
Many interdictions under penalty |
wines; and any one so doing shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than one nor more than six months, or by both such fine and imprisonment, in the discretion of the court; and it shall be the duty of the judges of the district courts of the several judicial districts in this state to specifically give this act in charge to every grand jury impaneled in their respective districts.
Duties of Governor-Rewards Offered. Sec. 112. The governor is hereby authorized and directed, at least thirty days previous to any general election, and fifteen days previous to any special election, to issue a proclamation offering a reward of one hundred dollars for the arrest and conviction of any person violating any of the provisions of this act when the crime is a misdemeanor, and a reward of two hundred dollars for the arrest and conviction of any person guilty of a felony, as herein provided; such rewards to be paid until the total amount hereafter expended for the purpose reaches the sum of ten thousand dollars, payable out of any moneys in the state treasury not otherwise appropriated. All moneys collected under the provisions of this act shall revert to the general school fund of the several counties where such cases were brought.
Misdemeanor to Interfere with Election Supplies. Sec. 113. Any person who shall, during an election, remove or destroy any of the supplies or other conveniences placed in the booths or compartments, or shall, during an election, remove, tear down, or deface the cards of instruction posted, as prescribed by this act, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not less than fifty dollars and not exceeding five hundred dollars, or by imprisonment in the county jail for a term not less than one month and not exceeding six months.
Neglect of Public Officer, How Punished. Sec. 114. Any public officer upon whom any duty is imposed by this act, who shall wilfully neglect or refuse to perform any such duty, shall be deemed guilty of a felony, and, upon conviction thereof, shall be imprisoned in the state prison for a term not less than one year and not exceeding five years.
Many Interdictions Under Penalty. Sec. 115. No person except a member of the board of election shall receive from any voter a ballot prepared by such voter. No person shall examine such ballot or solicit a voter to show the same. No person shall remove any ballot from any polling-place before the closing of the polls. No person shall apply for or receive a ballot at any election precinct other than the one at which he is entitled to vote. No person shall show his ballot to any person, after marking it, so as to reveal any of the names voted for. |
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shall show his ballot to any person, after marking it, so as to reveal any of the names voted for. No person shall ask another within one hundred feet of the polling-place for whom he intends to vote. No voter shall receive a ballot from any other person than one of the clerks of election, nor shall any other person than a clerk of election deliver such ballot to such voter. No voter shall deliver to the board of election or to any member thereof any ballot other than the one received from the clerk of election. No voter shall place any mark upon his ballot by which it may afterwards be identified as the one voted by him. Any person violating any provision of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than fifty dollars and not exceeding five hundred dollars, or by imprisonment in the county jail for a term not less than one month and not exceeding six months.
Who May Contest an Election. Sec. 116. Any elector of the proper county may contest the right of any person declared duly elected to an office exercised in and for such county; and, also, any elector of a township may contest the right of any person declared duly elected to any office in and for such township, for any of the following causes: First-For malconduct on the part of the board of inspectors, or any member thereof. Second-When the person whose right to the office is contested was not at the time of election eligible to such office.
Irregularities of Returns. Sec. 117. When any election, held for an office exercised in and for a county, is contested on account of any malconduct on the part of the board of inspectors of any precinct, or any member thereof, the election shall not be annulled and set aside upon any proof thereof, unless the rejection of the vote of such precinct shall change the result as to such office in the remaining vote in the county.
Contest Instituted, How. Sec. 118. When any elector shall choose to contest the right of any person declared duly elected to such office, he shall, within forty days thereafter, file with the clerk of the district court a written statement, setting forth specifically: First-The name of the party contesting such election, and that he is a qualified elector of the district, county, or precinct (as the case may be) in which such election is held. Second-The name of the person whose right to the office is contested. Third-The office. Fourth-The particular cause or causes of such contest. Said statement shall be verified by the affidavit of the contesting party that the matters and things therein contained are true, to the best of his knowledge and belief.
Proceedings in Contests-District Court to Decide. Sec. 119. When the reception of illegal votes is alleged as a cause of contest, |
Penalties
Who may contest an election
Irregularities of returns
Contest instituted, how |
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Proceedings in contests; district court to decide
Strict form not essential
Duties of clerk of district court
Process, how served
Duties of clerk of district court |
a cause of contest, it shall be sufficient to state generally that illegal votes were given to the person whose election is contested in the specific precinct or precincts, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony shall be received of illegal votes unless the party contesting such election shall deliver to the opposite party, at least three days before such trial, a written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony shall be received of any illegal votes except such as are specified in such list; provided, that in all cases the contested elections the district court of the respective districts shall have original jurisdiction to try and determine all such cases, and may, by mandamus or otherwise, obtain all documentary evidence required by either of the parties litigant.
Strict Form Not Essential. Sec. 120. No statement of the cause of contest shall be rejected, nor the proceedings thereon dismissed, by any court before which such contest may be brought for trial, for want of form, if the particular cause or causes of contest shall be alleged with such certainty as will sufficiently advise the defendant of the particular proceedings or causes for which such election is contested.
Duties of Clerk of District Court. Sec. 121. Upon such statement being filed, it shall be the duty of the clerk of the district court to inform the judge thereof, who shall fix the time and place to hear and determine such contested election; and the clerk shall give notice thereof, not less than ten nor more than twenty days from the date of such notice to the parties contesting, which said notice shall be served by the sheriff of the county upon the respective parties, as in other cases.
Process. Sec. 122. The said clerk shall issue subpenas and subpenas duces tecum, as in civil actions at law, for witnesses in such contested election at the request of either party, which shall be served by the sheriff as other subpenas; and the district court shall have full power to issue attachments to compel the attendance of witnesses who shall fail to attend, who shall have been duly subpenaed.
Duties of Clerk of District Court. Sec. 123. Upon the certified copy of a judgment of the district court, or a certified copy of the judgment of the supreme court, as the case may be, the clerk of the board of county commissioners shall issue a certificate to the person declared to be entitled to such certificate of election.
Fees of County Officers. Sec. 124. The clerk, sheriff, and witnesses shall receive, respectively, the same fees from the party against whom the judgment is given as are allowed for similar services in the district court. |
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respectively, the same fees from the party against whom the judgment is given as are allowed for similar services in the district court.
Effect of Judgment of Court. Sec. 125. Whenever an election shall be annulled and set aside by the judgment of the district court, and no appeal has been taken therefrom within thirty days, such certificate, if any has been issued, shall thereby be rendered void and the office become vacant.
Contests To Be Tried, Where. Sec. 126. In case of any contest in regard to any election to fill the office of district judge, such contest shall be tried in like manner before the district court of the district nearest adjoining thereto.
Who May Bring Action. Sec. 127. Any such action may be brought by the attorney-general, in the name of the State of Nevada, upon his own information or upon the complaint of any private party, against any person who unlawfully holds any public office within the state; and it shall be the duty of the attorney-general to bring such action whenever he has reason to believe that any such office is unlawfully held or exercised by any person, or when he is directed to do so by the governor.
Duties of Attorney-General-Order of Court. Sec. 128. Whenever such action is brought the attorney-general, in addition to the statement and cause of action, may also set forth in the complaint the name of the person rightly entitled to the office or franchise, with a statement of his right thereto; and in such case, upon proof by affidavit or otherwise, that the defendant has received fees or emoluments belonging to the office or franchise, by means of his usurpation thereof, an order may be granted by a judge of the supreme court, or a district judge, for the arrest of such defendant, and holding him to bail; and thereupon he may be arrested and held to bail in the same manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.
Damages May Be Recovered. Sec. 129. If the judgment be rendered upon the right of the person so alleged to be entitled in favor of such person, he may recover, by action, the damages which he shall have sustained by reason of the usurpation of the office or franchise by the defendant.
One Action, When. Sec. 130. When several persons claim to be entitled or elected to the same office one action may be brought by or against all such persons, in order to try their respective rights to such office. |
Fees of county officers
Effect of judgment of court
Contests to be tried, where
Who may bring action
Duties of attorney-general; order of court
Damages may be recovered
One action, when |
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Contest for members of the legislature, how conducted
Powers of justice of the peace
County clerk to seal and deliver all papers to the secretary of state
Secretary of state to deliver papers
Depositions may be taken, when and how |
CONTEST FOR MEMBERS OF THE LEGISLATURE How Conducted. Sec. 131. In case of contest for senator or assemblyman in any county in this state, the party contesting shall file a statement in the office of the county clerk of the county in which such senator or assemblyman may be a resident, and a concise statement of the grounds upon which he intends to reply, which statement shall be verified by affidavit; and it shall be the duty of the clerk to issue a commission, directed to a justice of the peace of such county, to meet at such time and place as shall be specified in such commission, not less than twenty nor more than thirty days from the filing of such papers, for the purpose of taking the deposition of such witnesses as the parties to such contest may wish to examine, and notice shall be served upon the person whose right to such office is contested, by the sheriff of the county, the same as provided for by law in like cases.
Powers of Justice of the Peace. Sec. 132. Said justice of the peace shall have power at any time to issue subpenas for witnesses at the request of either party, to be served by the sheriff as other subpenas; and said justice shall have the same power to issue attachments and assess fines against witnesses as is given to justices of the peace in other trials instituted before him; and all testimony taken before him during such proceeding shall be in writing, and shall be certified to and forwarded by mail or express, or delivered to the clerk of the county.
County Clerk to Seal and Deliver all Papers to the Secretary of State. Sec. 133. It shall be the duty of said clerk to seal up such depositions, together with the original statement of the grounds of such contest, and a copy of the notice served upon the party whose right is contested, and the commission issued to the justice of the peace, and transmit the same by mail to the secretary of state, indorsing thereon the names of the contesting parties and the branch of the legislature before which such contest is to be tried.
Secretary of State to Deliver Papers. Sec. 134. It shall be the duty of the secretary of state to deliver the same, unopened, to the presiding officer of the house in which such contest is to be tried, on or before the second day after the organization of the legislature next after taking such depositions; and such presiding officer shall immediately give notice to said house that said papers are in his possession.
Depositions May Be Taken, When and How. Sec. 135. At any time after notice of any contest shall be given, and before the trial of such contested election before the proper branch of the legislature, it may be lawful for either party to such contest to take depositions, to be read on the trial thereof in like manner and under the same rules as are allowed and required in cases of depositions to be read on any trial pending in the district court; and such depositions, when thus taken, shall be sealed up by the officer taking the same and directed to the secretary of state, who shall keep the same unopened, and deliver them to the presiding officer of the house in which such contest is to be tried, to be disposed of by such officer as the depositions specified in the preceding sections. |
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trial thereof in like manner and under the same rules as are allowed and required in cases of depositions to be read on any trial pending in the district court; and such depositions, when thus taken, shall be sealed up by the officer taking the same and directed to the secretary of state, who shall keep the same unopened, and deliver them to the presiding officer of the house in which such contest is to be tried, to be disposed of by such officer as the depositions specified in the preceding sections.
When Contest May Be Commenced for State Officers. Sec. 136. Proceedings to contest the election of any state officer must be begun within sixty days after the evidence becomes available upon which the contest is based.
For Other Officers. Sec. 137. Proceedings to contest the election of any county officer, or any officer other than a state officer, must be begun within forty days after the evidence becomes available upon which such contest is based.
When Time Begins to Run. Sec. 138. Delays arising from any cause tending to prevent the obtaining of evidence upon which a contest is brought shall not cause such contest to fail, but the time provided in this act shall begin to run only from the day when such evidence may be freely available to the person contesting the election of another, and from and after the passage of this act.
When Demand for Recount Must Be Made. Sec. 139. Demands for recount must be made within sixty days from the day of election, or after the passage of this act if the recount is to be had of votes cast at the last general election preceding the passage of this act
FOR CONTESTING ELECTION OF STATE OFFICERS How Instituted. Sec. 140. Any qualified elector of the state may contest the election of any person declared duly elected to any state office within this state by filing a specification of the grounds of such contest with the clerk of the supreme court, which specification shall be verified by oath or affirmation, and it is hereby made the duty of the attorney-general to prosecute such action in the name of the people of the state, before the supreme court, who shall have original jurisdiction in such cases; the justices, or any of them, shall have power to issue such process as may be necessary to the complete hearing and final determination of such action
CHAPTER 5 Referendum Petition. Sec. 141. Whenever ten per centum or more of the voters of this state, as shown by the number of votes cast at the last preceding general election for justice of the supreme court, shall express their wish that any law or resolution made by the legislature be submitted to the vote of the people, they shall file with the secretary of state, not less than four months before the time set for such general election, a petition, which petition shall contain the names and residences of at least ten per centum of the voters of this state, demanding that a referendum vote be had by the people of the state at the next general election upon the bill or resolution on which the referendum is demanded. |
Contest for state office, time limit
Contests for other than state office
When time begins to run
When demand for recount must be made
Contest for state office, how instituted |
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Petition of 10 per cent of total vote necessary for referendum
More than one petition; verification
Secretary of state to certify questions to county clerks; same to be public
Questions, how placed on ballots
Operation of referendum |
preceding general election for justice of the supreme court, shall express their wish that any law or resolution made by the legislature be submitted to the vote of the people, they shall file with the secretary of state, not less than four months before the time set for such general election, a petition, which petition shall contain the names and residences of at least ten per centum of the voters of this state, demanding that a referendum vote be had by the people of the state at the next general election upon the bill or resolution on which the referendum is demanded.
More Than One Petition-Verification. Sec. 142. The names of the electors so petitioning need not all be upon one petition, but may be contained in one or more petitions; but each petition must be verified by at least one of the voters who has signed such petition, and such voter making such verification must swear that the persons signing said petition are qualified voters of this state. Said petition may be verified upon information and belief.
Secretary of State to Certify Questions to the County Clerks-Same To Be Public. Sec. 143. That upon receipt of said petition by the secretary of state he shall file the same, and at the next general election shall submit the question of the approval or disapproval of said law or resolution to the people of the state to be voted upon at the ensuing election wherein any state or congressional officer is to be voted for, or wherein any question may be voted upon by the electors of the entire state. And the secretary of state shall certify the said law to the several county clerks in this state, and they shall publish the same in accordance with the provisions of law requiring the said county clerks to publish questions and constitutional amendments which are to be submitted for popular vote.
Questions, How Placed on Ballots. Sec. 144. That the title of the act shall be set out on the ballot and the question printed upon the ballot for the information of the voter shall be as follows: Shall the act (setting out the title thereof) be approved? And the votes cast upon such question shall be counted and canvassed as are the votes for state officers counted and canvassed.
Operation of Referendum. Sec. 145. When a majority of the electors voting on the question of the approval or disapproval of any act at a state election, shall by their vote signify approval of the same, such act shall stand as the law of the state, and shall not be overruled, annulled, set aside, suspended, or in any way made inoperative, except by a direct vote of the people. When a majority shall so signify disapproval, the law or resolution so disapproved shall be void and of no effect. |
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CHAPTER 6
Miscellaneous Provisions Words Construed. Sec. 146. Words in this act in the masculine gender shall be construed to comprehend the feminine gender in compliance with the constitutional amendment granting suffrage to women.
Judicial Officers. Sec. 147. No words designating the party affiliation of any candidate for a judicial office shall be printed upon the ballot.
School Elections. Sec. 148. School trustees shall be elected in accordance with the provisions of chapter six of an act entitled An act concerning public schools, and repealing certain acts relating thereto, approved March 20, 1911.
Electors in Military Service. Sec. 149. Electors of the State of Nevada in the military service of the United States may, when called into such service, vote in accordance with the provisions of the act approved March 14, 1899.
Repeal. Sec. 150. All parts of acts in conflict with the provisions of this act are hereby repealed. |
Masculine includes feminine gender
Judicial officers without party designation
School trustee elections
Soldier vote
Repeal |
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Chap. 286An Act regulating the compensation of receivers of corporations in cases of involuntary dissolution or liquidation.
[Approved March 29, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. A receiver of a corporation appointed in any proceeding heretofore or hereafter instituted for the involuntary liquidation or dissolution of such corporation and the winding up of its affairs, in addition to his necessary expenses, shall receive as compensation for his services not to exceed two per cent of all moneys or sums received by him, and an additional two per cent of all moneys paid out by him in dividends; provided, however, in case of extraordinary services rendered by the receiver the court may allow him an additional one per cent upon final accounting of all moneys disbursed by him by way of dividends. Any order, judgment, decree, or proceeding allowing any greater or further compensation than that provided in this act to any receiver of any insolvent corporation appointed in a proceeding for its involuntary liquidation or winding up shall be void. Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed. |
Receivers of certain insolvent corporations to receive certain percentage of funds handled
Repeal |
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Amending school code
Duties of superintendent of public instruction named in detail |
Chap. 287An Act to amend section six and section nine of an act entitled An act concerning public schools, and repealing certain acts relating thereto.
[Approved March 29, 1915]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. Section six of an act entitled An act concerning public schools, and repealing certain acts relating thereto, is hereby amended so as to read as follows: Section 6. The superintendent of public instruction shall have power, and it shall be his duty: 1. To visit each county in the state at least once each year for the purpose of conducting institutes, visiting schools, consulting with the school officers, and addressing public assemblies on subjects pertaining to the schools; and the necessary traveling expenses incurred by the superintendent in performance of such duties, such traveling expenses to include the cost of transportation and board while absent from his place of residence, shall be allowed, audited and paid out of the general fund, in the same manner as claims upon said fund are now allowed, audited and paid; provided, that the sum so expended in any one year shall not exceed one thousand dollars; 2. To apportion the state distributive school fund; 3. To apportion the county school fund of each county among its various districts; 4. To report to the governor biennially, on or before the first day of December of the years preceding the regular session of the legislature. The governor shall transmit said report to the legislature; and whenever it is ordered published the state printer shall deliver a sufficient number of copies to the superintendent, who shall distribute the same among school officers of the state and of the United States. Said report shall contain a full statement of the condition of public instruction in the state; a statement of the condition and amount of all funds and property appropriated to the purpose of education, the number and grade of schools in each county; the number of children in each county between the ages of six and eighteen years of age; the number of such attending public schools; the number attending private schools; the number attending no schools; the number under six years of age; the number between eighteen and twenty-one years of age; the amount of public-school moneys apportioned to each county; the amount of money raised by county taxation, district tax, subscription, or otherwise, by any city, town, district, or county, for the support of schools therein; the amount of money raised for building schoolhouses; a statement of plans for the management and improvement of public schools; and such other information relative to the educational interests of the state as he may think of importance; |
κ1915 Statutes of Nevada, Page 509 (CHAPTER 287)κ
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educational interests of the state as he may think of importance; 5. To prescribe suitable rules and regulations for making all reports and conducting all necessary proceedings under this act, and to furnish suitable blank forms for the same; to cause the same, with said instructions as he shall deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. He shall prepare a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish each school district in the state with such registers. He shall prepare pamphlet copies of the school law and all amendments thereto, and shall transmit a copy thereof to each school trustee, school census marshal, and school teacher in the state; 6. To convene a state teachers institute biennially, in the even-numbered years, in such place and at such time as he may deem advisable. It shall be his further duty to convene five district teachers institutes in the various sections of the state biennially, in the odd-numbered years, in such places and at such times as he may deem advisable. He shall engage such institute lecturers and teachers as he shall deem advisable, and shall preside over and regulate the exercises of all state and district institutes. No institute shall continue less than four nor more than ten days. The expenses incurred in holding such institute shall be paid out of the state general fund; provided, that the amount for the state institute shall not exceed five hundred dollars, nor the amount of any one district institute two hundred and fifty dollars, and the state controller is hereby authorized and directed to draw his warrants for the same upon the order of the superintendent of public instruction. All teachers shall be required to attend the district institutes held in the supervision districts in which they may be teaching, respectively, unless they shall be excused for good cause by the superintendent of public instruction, and without loss of salary for the times thus employed; 7. To call, with the approval of the board of county commissioners, a county teachers institute in any county at such time and place as in his judgment will best subserve the educational interests of the county, and to preside over and regulate the exercises for the same. The expenses of such institute shall be paid out of the county general fund of the county in which such institute is held; provided, that the board of county commissioners shall authorize such institute upon the application of the superintendent of public instruction; and provided, that such expenses shall not exceed the sum of one hundred dollars. All teachers shall be required to attend any county institute held in the counties in which they shall be teaching, respectively, unless excused for good cause by the superintendent of public instruction and without loss of salary for the time thus employed; |
Duties of superintendent of public instruction named in detail |
κ1915 Statutes of Nevada, Page 510 (CHAPTER 287)κ
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Duties of superintendent of public instruction named in detail
Deputy superintendents, how appointed; qualifications
Deputies must give entire time to office |
cause by the superintendent of public instruction and without loss of salary for the time thus employed; 8. To call meetings of the state board of education in January and June of each year, and at such other times as he shall deem proper, or when two members of said board shall request a meeting; 9. To perform such other duties relative to the public schools as may be prescribed by law; 10. To have done at the state printing office any printing required in the performance of his duties; 11. To require a written report from each deputy superintendent on the first day of October, the first day of January, the first day of April, and the first day of July of each school year. Such reports shall contain any information or facts that the superintendent of public instruction may require; 12. To arrange blank forms, including school registers, for teachers contracts, and supply the same to school trustees and teachers; 13. The superintendent of public instruction shall, at the expiration of his term of office, deliver to his successor all property and effects belonging to his office, and take a receipt for same. Sec. 2. Section nine of an act entitled An act concerning public schools, and repealing certain acts relating thereto, is hereby amended so as to read as follows: Section 9. The state board of education shall, on or before the first Monday in May, 1911, and each fourth year thereafter, appoint one deputy superintendent of public instruction for each supervision district as herein provided for, and such appointee shall, at the time of his appointment and during his term of office, be a bona fide resident of the district for which he is appointed. Such appointee shall take office on the first Monday in September and shall serve for a period of four years or until his successor shall have been appointed and shall have qualified. In case a vacancy shall occur in the office of deputy superintendent of public instruction, the state board of education shall, in like manner, make an appointment for the unexpired term. The deputy superintendents of public instruction shall devote their entire time to school supervision and shall not engage in any other work while holding this office. |
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